Journal of the Senate of the State of Georgia regular session, commenced at Atlanta, Georgia, Monday, January 14, 1974 and adjourned Tuesday, February 26, 1974

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 14, 1974 and adjourned Tuesday, February 26, 1974
1974 Atlanta, Georgia

OFFICERS
OF THE
STATE SENATE
1974
LESTER MADDOX .__--_.----__------President (Lieutenant Governor)
COBB COUNTY
HUGH M. GILLIS, SR. -..-.---.--.-.-...-..-President Pro Tempore
TREUTLEN COUNTY
HAMILTON McWHORTER, JR. _________Secretary of the Senate
OGLETHORPE COUNTY
W. B. BRYAN ._--_--------------------------.--------..--Doorkeeper
PULTON COUNTY
J. L. ALLEN, JR. ._-..._..-.-....-----.------------------------Messenger
CLAYTON COUNTY
STAFF OF SECRETARY OF SENATE
GREEN CALLAWAY ____._____._______Assistant Secretary
DeKALB COUNTY
ANNA COWPER __...____.____^________.____..Joumal Clerk
FULTON COUNTY
SARALYN FOSTER ________________.___Calendar Clerk
DeKALB COUNTY
ALICE ENRIGHT .___------.----------------...Assistant to Secretary
FULTON COUNTY
WALTER HARVEY ._.___.________..___._____..Reading Clerk
CLARKE COUNTY
RITTER LEMKE _____________.___,,___----____.____Message Clerk
DeKALB COUNTY

MEMBERS
OF THE SENATE OF GEORGIA WITH DISTRICTS AND CITIES FOR THE TERM 1973-1974

Senators

District

Address

W. D. "Don" Ballard _____________________45th__-Oxford Ed Barker ------------------------------.18th----Warner Robins Robert H. "Bob" Bell ----___----------------...5th--..Atlanta Paul C. Broun ------_-_-_--_----------------46th----.Athens M. Parks Brown __________________---------------- ____47th_--....Hartwell Hugh A. Carter .__.------_------------_----_______14th----~Plains Max Cleland --__--__--_______--___--__----------_--55th----Atlanta Frank E. Coggin .____----______--__--------------35th----Hapeville Paul D. Coverdell _----_-___.--------------_----____40th--..Atlanta Jay Carroll Cox .--___----___----..----------------21st----Swainsboro Roscoe E. Dean, Jr. ------...__.----------___--_-6th----Jesup Sam W. Doss, Jr. ._,,--_------____----------------52nd----Rome J. Ebb Duncan -_--------------._--_--------__30th----Carrollton Frank Eldridge, Jr. ,,_----___----------_-,,_--7th----Waycross W. W. (Bill) Fincher, Jr. ,,_._____--______._____54th__Chatsworth Ed Garrard------------.------.----------------37th----Atlanta Hugh M. Gillis, Jr. .--------------_----------__20th----Soperton Bert Hamilton --_----___----_--_.--_------------26th--...Macon Dr. J. H. (Jack) Henderson, Jr. --______--------33rd----Marietta Michael N. Herndon ----------___----------,-- 10th..__--.Thomasville Render Hill---___.--,,-_-_-----------------..----29th----Greenville R. Eugene Holley --------__._--------__--------22nd----Augusta A. W. (Al) Holloway .___...._.._._....______..12th___Albany Pierre Howard, Jr. --------------____----------42nd----Decatur Floyd Hudgins _--------_------------------___15th----Columbus Harry C. Jackson ,,_.----------------...--.------16th----Columbus Leroy Johnson ___.----_____----___----------__--_38th_----Atlanta Joseph E. Kennedy ------__----------..------4th----Claxton Culver Kidd .-._........----------.....--------------25th----Milledgeville J. Beverly Langford ....----_------_.--------......51st.----Calhoun James L. Lester --------_------.----.......--------23rd----Augusta Maylon K. London .------------------.------50th...--Cleveland E. M. "Pete" McDuffie ------..------.--------19th----Eastman Sam P. McGill -...-.........--...------------------__24th----Washington Tom Moore .-.--.----...-.------------------...,,.. 56th._______Atlanta Howard T. Overby ..------------------------49th----Gainesville James I. Parker .......----.------.---.,,....------...31st--_--Cedartown

Senators

District

Address

Steve Reynolds _________-____-_-------------____--______.____48th________ Lawrenceville John R. Riley _______________.____.,,------------------______lst__---- Savannah Robert A. (Bobby) Rowan _____________________________ 8th._______Enigma Bethel Salter ____._^___________________-_-_^-_________-^-_17th______-Thomaston George N. Skene ------------------_--.._._,, ^-__..27th___^--Macon Robert H. Smalley, Jr. -_---_--------------.28th----Griffin W. Armstrong Smith ------_------------------ 34th .______.Atlanta Terrell Starr ------,,--.------_----_--_._--.--44th---.Forest Park Jack L. Stephens ,,_-----.--.....----,,--_..------.--..36th--.--.Atlanta E. G. Summers .__-____-_______-__------------_________._.-53rd.____-- LaFayette Franklin Sutton _________________._,,_.__________--.----_--.,,. 9th.____--Norman Park Joe Thompson ......,,,,,,_,,.._....----_--_,,---___-____.__..32nd .,,_.--Smyrna James W. (Jim) Tysinger ____,,_ ,,_ ^^._.__-_-_-_-__^_41st._-____.Atlanta Horace T. Ward _.__._._________._______^^.__________________^_.39th._ ....Atlanta George T. Warren II ___.____._---__-__-____---__--..--.___.43rd..--...Decatur Wiley A. Wasden, Jr. __--.-...----,,,,------_-__-_.__..2nd.__.-^Savannah Julian Webb ....-___.________________._.._.------------.--..--llth..^-___Donalsonville Martin Young ____..-.-_-_..--___..----_-__--^-----------_-13th___-___.Rebecca Edward H. (Ed) Zipperer --------.......---------.-3rd.--.--Savannah

MEMBERS OF THE
GEORGIA HOUSE OF REPRESENTATIVES WITH DISTRICTS AND CITIES FOR THE TERM 1973-1974

Name

District

Post Office

G. D. Adams -- ------------_._----------36 -----------------Atlanta

J. Hoyt Adams ----------------------84 ------___...--___--Upatoi

John Adams ----------------------------14 --------------Rome

Marvin Adams --------------------74, Post 1------Thomaston

William H. Alexander ---------------38 --------------Atlanta

W. M. (Bill) Alexander --------------._ 39 I----------------Atlanta

Sam D. Alien ----------------------108 --------------Savannah

Howard Atherton --------------------19, Post 3------Marietta

Frank I. Bailey, Jr. ------------------68, Post 2------Riverdale

Robert C. (Bob) Beckham --------------82 --------------Augusta

Jim T. Bennett, Jr. ___._------------ _ 124, Post 3------Valdosta

Robert A. (Bob) Berlin ------------------89, Post 6------Macon

C. Ed Berry ------------------------------86, Post 1--------Columbus

Rev. Jesse Blackshear --------------106 -----------Savannah

J. E. Bohannon _________--------------64, Post 2-------Carrollton

Julian Bond

32 ----------Atlanta

Henry Bostick ----------------------123, Post 2-----.Tifton

Haskew H. Brantley, Jr ----------------22 ____------------Atlanta

Hines L. Brantley --_--------_------92 ...------------Metter

Claude A. Bray, Jr. ------------------66 --------------Manchester

Ben Brown --____---------------------34 ,,,,------------ Atlanta

Clayton Brown, Jr. ------------------67, Post 2------Griffin

S. Phillip Brown ------------------------89, Post 2------Macon

Thomas B. Buck, III ----------------87, Post 1------_Columbus

A. L. (Al) Burruss --------------------21, Post 2------Marietta

Joe Burton ------------------------------47 -------------- Atlanta

George D. Busbee --------------------114, Post 1------Albany

John R. Carlisle ------------------,--67, Post 1--------Griffin

Tom C. Carr ------------------------90 ------------Sandersville

Bobby Carrell -------- _----------------71 ------------Monroe

Don Castleberry ___----,, --_._.___------96 ------___------__.Richland

George A. Chance, Jr. --------------112 --------------Springfield

Betty J. Clark ------------------------55 _____------------ Decatur

Jack Cole ------------------------------6, Post 1--...--Dalton

Terry Coleman ------------------------102, Post 1--___--Eastman

Marcus E. Collins --------------------122, Post 2------ Pelham

Stanley N. Collins, Jr. ------------------45 ------------Atlanta

Carlton H. Colwell _____--------____ ________--4, Post !____----Blairsville

Dekle Coney ----___----------------------.89, Post 4------Macon

Jack Connell ----------------------------80 ----------------Augusta

J. C. Daugherty --------------------------33 ----------------Atlanta

Earl T. Davis ---- _ -

85, Post 1--------Columbus

Walt Davis ------------------------56, Post 1--------Lithonia

Gibson Dean II ------ - - ---------60 __._------------ Buford

Name

District

Post Office

James E. Dean __----.----------------54 --------------...Atlanta
Nathan D. Dean --.----.----------------.17 ----------------Rockmart R. A. Dent _.._----------------------.78----------------Augusta W. M. (Dick) Dickey ------------------89, Post 5..------.Macon Harry D. Dixon ------------------------126 ------------... Waycross James Dollar ----------__--------------63 ._----.........-- Douglasville A.B.C. (Brad) Dorminy, Jr. ______.______._115, Post 1............ Fitzgerald
Wm. Travis Duke --------_______----__________20, Post 1^----____Mableton Ward Edwards ______----_.__----.--------95 ....----._._,,..._..... Butler Michael J. Egan ____------------_--------25 -------------- Atlanta
Ewell H. (Hank) Elliott, Jr. ______._.__49 __.....___.___... Doraville Morriss W. Ellis --------------------107 ----------------Savannah Billy L. Evans ______----------------------89, Post 3._...--....Macon Clarence G. Ezzard, Sr. _----.----_------.29 --.,,---------...Atlanta Robert H. (Bob) Farrar --------------52 --------_--.___.Avondale
Estates
James H. (Sloppy) Floyd ..--------------5 --...--------...Trion Leon R. Floyd ____...----------------------56, Post 2------Decatur R. L. Foster --------_____----_________ ______________._6, Post 2_.--__--.Dalton Donald H. Fraser --------------------117 --..----------Hinesville Harry C. Geisinger ----------------------44 ...------------Dunwoody
Arthur M. Gignilliat ____--------------__105 ----------------Savannah Daniel K. Grahl _____________88 __._____.__..Fort Valley
Simon Grantham ----------------------127, Post 1_------..Douglas John W. Greer ----,,....--------...----..------43, Post 3.------Atlanta Denmark Groover, Jr. --------------75 --------------Gray Mrs. Grace T. Hamilton ----------------31 --------------Atlanta Eston A. Harden ----------------------128, Post 2------St. Simons
Island
Floyd Harrington .....--..--------.----.....93--------------Milledgeville Joe Frank Harris ---------------------- 8, Post 1------Cartersville J. Robin Harris --------------------.51 --------------Decatur
Robert L. (Bob) Harrison ----------.116, Post 2...------Jesup Charles Hatcher .----------------..----...114, Post 4...------Albany Peyton S. Hawes, Jr. ------------------43, Post 1.------Atlanta Forest Hays, Jr. _----____----________ __----_!, Post 2------Chattanooga
Tenn.
Bobby Hill -- ..._.. -- ..... ....._ 110 - _______ --------Savannah Guy Hill ______________41 ________.Atlanta
Gerald T. Horton .------_..------------.....43, Post 2------Atlanta William L. (Bill) Horton .----..--------..56, Post 3------Decatur G. Robert (Bob) Howard .------------19, Post 2------Marietta W. Mobley Howell ----------------------118 --------.------Blakely Ted Hudson ___--..----------------_----115, Post 2-------Fitzgerald
R. S. (Dick) Hutchinson --------------114, Post 3------Albany Jack Irvin .--..--------------..--------------10--------------Baldwin Robert A. (Bob) Irvin ------------------23 .....--------------Roswell John R. Irwin ._._......_--..------.------113 ------------Dawson Ben Jessup _______...----------------..102, Post 3------Cochran Rudolph Johnson ----------_----------.68, Post 4------Morrow

Name

District

Post Office

Herbert Jones, Jr. _-____________________._____________109 .__,,___________-___...Savannah Hugh S. Jordan ___--._.___________......_________...___58 ____--__,,.._,,..Stone
Mountain Randolph C. Karrh ___,,_..______________-_-.._________91 _________.._______________Swainsboro James W. Keyton _______________________-___________121 ________________________ -ThomasvilleJack A. King ___ ________________________________________85, Post 2.___..__.___Columbus Nathan G. Knight ____________.___________________.___65, Post 3_________.__Newnan George H. Kreeger ___________________________________21, Post !______.___-Smyrna
E. Roy Lambert _________-_______________-_.___________97 -______-___---___-----Madison Dick Lane ___ ________________.________________.____________40 _____________-________..___East Point W. Jones Lane ___-__-____________________,,. ____________76, Post !_____ ______ Statesboro George K. Larsen ___________________________________.27 ____-------------__Atlanta W. W. Larsen, Jr. ____________________________________102, Post 2_.__________Dublin Wm. J. (Bill) Lee _____ ____________._______________68, Post l____________Forest Park Elliott H. Levitas ____________________________________50 ________________________ Atlanta Preston B. Lewis, Jr. ________________._______________77, Post 2____________Waynesboro Hugh Logan ___________________________________________ 62, Post l____________Athens Sidney Lowrey ______ ________________ _____________15 __________________________Rome Sidney J. Marcus ___________ ________________ ________26 ____________________ Atlanta James D. Mason _____________________________ ________59 _____________________ Snellville Chappelle Matthews ________________._______________62, Post 2 ____________Athens Dorsey R. Matthews ____________________________ ___122, Post l____________Moultrie A. T. Mauldin _____ _________________________________.___13, Post l____________Carnesville Bernard F. Miles _____________ ____________________,_79 __________________________Augusta Billy Milford ____-_____-_________________________________13, Post 2____________Hartwell J. W. (Jim) Morgan _______ ________________________70 _______-_________-________Covington E. Vince Moyer _______________________________________ 99 ________________________ _Warner
Robins Matthew W. Mulherin ____________________________ 81 _____________________ Augusta Edwin G. (Ed.) Mullinax ________________________65, Post 2____________LaGrange Thomas B. Murphy ____________________________ _____18 __________________________Bremen J. Roy McCracken ____________________________ ______77, Post l____________Avera Hugh Lee McDaniell ________________________________20, Post 2____________Marietta Lauren (Bubba) McDonald, Jr. ___________.12 __________________________Commerce J. E. (Billy) McKinney ____________________________35 __________________._______Atlanta Paul E. Nessmith, Sr. ________________________________76, Post 2__________._Statesboro Ken Nix -______________._________..________________________20, Post 3______._____Smyrna Bill Noble ____________ _____________________________________48 _.__-----_-___-__---Decatur Lamar D. Northcutt _____ __________________________68, Post 3_______ __._College Park Colquitt H. Odom ________________________________ 114, Post 2_ ________ Albany Oliver Oxford ________ _________________________________101 ___________ ______________Americus Grover C. Patten _________________________________ 123, Post !__________ Adel Robert L. Patten _____________ ______________._______124, Post 2___________ Lakeland John K. Patterson _____________________________ 64, Post !___________ Carrollton H. Norwood Pearce __________________________________87, Post 2____________Columbus Robert G. Peters ________________________________ 2 ___ ______ ______________Ringgold George Petro ________________________________________ 46 _______________Atlanta Glenn S. Phillips ____________________________ 73 _______________ __________Harlem L. L. (Pete) Phillips _______________________________ 103 ___________________ __ Soperton Frank C. Pinkston ______________________________ 89, Post l___________.Macon

Name

District

Post Office

Howard H. Rainey____--_.________,,._______________115, Post 3_____----_Cordele Henry L. Reaves ________ _____________.______________124, Post !________._._ Quitman Hubert G. Ritchie ____________________._______________11 ._...._________________.__Cornelia Andy Roach _.,,_______._._.____________._._______________8, Post 3_______--_Canton
Charles W. (Billy) Rogers .______________.128, Post 1--------Brunswick Ben Barren Ross ._______-__...______,_________________72 ....--__,,_..--...-.Lincolnton Dewey D. Rush ........._--___________,___.___________104 _____________________.___Glennville John D. Russell ____,,.__..__.__________________________62, Post 3_______-__Winder Walter B. Russell, Jr. __._._________._______________53 _________________________ Avondale
Estates Bill Sams-.-____________________...___._____...______________83 ________________________ _Augusta
John Savage ...-._-_____-.______._______.-____________30 _______________________ Atlanta Tom L. Shanahan __-_--______,,_--___,,_____________7 -__----_-_________---_ Calhoun E. J. Shepherd ______...___._______-________.____________28 ___________^__________ Atlanta J. R. Smith ____________..._._-______.-_______-___________74, Post 2_______---Barnesville Virlyn B. Smith -__.__--_-_____._____.____--__________42 _______---_..._----..Fairburn Wayne Snow, Jr. -..,,_________-,,___________.__-________!, Post !_________^Rossville William S. Stephens __-____.___________-_._________37 -______________-^_-_-_.Atlanta L. Jack Strickland _-____________________-___-____116, Post l._______-___Baxley Ottis Sweat, Jr. _____,,._____-___-_,,--_.___-__________125 __________-___,,--____^Waycross Boyd Thomason ._...________....___..__.__________._______.8, Post 2 __________.Jasper Albert W. Thompson __._-_..._._____-..._____-_____.86, Post 2._____-___Columbus E. B. Toles ____-..-._______-_--._-______-_-__________.16 -____________-_____.-__Rome Kiliaen V. Townsend __,,_-.___-____-..-__________^24 __________________________Atlanta Tom Triplett -_-.-_______-___-________._-.-________.lll ._--,,.----.-----. Savannah Ray M. Tucker _-______-___.-_-___-..._____^_-___.__69 _________-_______--__McDonough Tom Turner ____...,,________..______________,,__________.___. 3 __________________.... Chatsworth Ralph Twiggs ..__________._._._________.__________.________4, Post 2.___-----Hiawassee Clarence R. Vaughn, Jr. ._____-_..-___-____--_57 .__--___---___-_---- -Conyers Ted W. Waddle ________..._._______..._.___________..__98 ______ _________________ .Warner
Robins Larry Walker --_______--________,-_..._______.._.___.100 _______-_____.._____^-__Perry Vinson Wall _--,______-__--_____.--._______..--______.61 ____________________-..Lawrenceville Burton M. Wamble ._______-...-_______.-___-____120 __--.--._--..------. Cairo J. Crawford Ware ________________________________65, Post l___-_----Hogansville Bobby A. Wheeler ._________.._______..________._.__127, Post 2__ ___-^_Alma Dr. Jack A. Wheeler ____._______.__________.________13, Post 3_---_-Elberton Doug Whitmire ___________________________________________9, Post 2.__-___-__Gainesville W. M. (Bill) Williams __.._____-____________._._______9, Post 3_____--__Gainesville Robert T. Willis ...__.--...._--,,.--.--,,_.---119 ____.________._______--_Bainbridge
Joe Mack Wilson _____________________-______.___________19, Post !______^---Marietta M. Lamar Wilson __,,___________________-___-_____ 94 ._....._,,......,,--._ Milledgeville Joe T. Wood _____________________ _______ ____9, Post l________-__Gainesville

SENATE JOURNAL

Senate Chamber, Atlanta, Georgia Monday, January 14, 1974

The Senators of the General Assembly of Georgia for the years 1973-1974 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 Lester Maddox, President of the Senate.

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

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford London McDuffie McGill Overby Parker
Reynolds

Riley Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not answering were Senators:

Coggin Cox Henderson

Lester Moore Rowan

S alter

Lieutenant Governor 'Maddox introduced as Chaplain The Reverend Dr. Richard B. Sims, pastor, North Atlanta Baptist Church, Atlanta, Georgia, who offered scripture reading and prayer.

The President announced that the next order of business was the election of a Doorkeeper to replace the late Henry Castleman.

12

JOURNAL OF THE SENATE,

Senator Hill of the 29th nominated William Bryan of Fulton County as Doorkeeper.

Senator Holley of the 22nd asked unanimous consent that the nominations be closed and that the Secretary be instructed to cast the vote of the entire body for Honorable William Bryan.

The consent was granted, and Honorable William Bryan was declared elected as Doorkeeper.

The following resolution of the Senate was read and put upon its adoption:

SR 247. By Senator London of the 50th: A resolution adopting the Rules of the Senate.

Senator Tysinger of the 41st offered the following amendment:
Amend SR 247 by adding a new paragraph at the end of the resolu tion to read as follows:
By striking in Rule 194 the words, "Scientific Research" wherever they appear and inserting in lieu thereof the following: "Science and Technology".

On the adoption of the amendment, the ayes were 44, nays 0, and the amend ment was adopted.

Senator Herndon of the 10th offered the following amendment:
Amend SR 247 by adding at the end of the resolution the following:
By deleting Rule 24 in its entirety and inserting in lieu thereof the following:
"When the President Pro Tempore or any other Senator is pre siding, he shall not vote unless the Senate shall be equally divided, or unless his vote, if given to the minority, will make the division equal. The presiding Senator shall vote in all elections. In all cases where a fixed constitutional vote is required to pass a bill or measure under consideration, and said bill or measure shall lack only one vote to pass the same, the presiding Senator shall vote, and his vote so cast shall be counted the same as that of any other member."
By deleting the first sentence of Rule 135.

MONDAY, JANUARY 14, 1974

13

On the adoption of the amendment, Senator Gillis of the 20th called for the ayes and nays, and the call was sustained.

A roll call was ordered by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Carter Cleland Coverdell Doss

Eldridge Herndon Holloway Rowan

Sutton Webb

Those voting in the negative were Senators:

Ballard Barker Bell Brown of 47th
Coggin Dean Duncan Garrard Gillis Hamilton Henderson Holley Howard

Hudgins Jackson Johnson Kennedy Kidd Langford London McDuffie McGill Moore Parker Reynolds Riley

Salter Skene Smalley Smith Starr Stephens Summers Thompson Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Broun of 46th Cox Fincher

Hill Lester Overby

Tysinger

On the adoption of the amendment, the ayes were 10, nays 39, and the amendment was lost.

Senator Johnson of the 38th offered the following amendment:
Amend SR 247 by striking on Page 4, line 2 the words and figure "one hundred-fifty (150)" and inserting in lieu thereof the words and figure "two hundred-fifty (250)".

On the adoption of the amendment, the ayes were 43, nays 0, and the amend ment was adopted.

14

JOURNAL OF THE SENATE,

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 43, nays 0.

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

Senator Tysinger of the 41st filed the following statement with the Secretary of the Senate:
"Mr. President,
I oppose the amendment to SR 247 offered by the Senator from the 10th. I was attending to legislative business off of the floor when the vote was recorded and did not know that the voting was taking place."

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 434. By Messrs. Murphy of the 18th, Burruss of the 21st, Busbee of the 114th, Lambert of the 97th and Edwards of the 95th:
A resolution to notify the Senate that the House has convened.

HR 435. By Messrs. Murphy of the 18th, Burruss of the 21st, Busbee of the 114th, Lambert of the 97th and Edwards of the 95th:
A resolution to notify the Governor that the General Assembly has con vened.

The Speaker appointed as a committee of escort on the part of the House the following members thereof:
Messrs. Marcus of the 26th, Groover of the 75th, McDaniel of the 20th, Brown of the 34th, Mulherin of the 81st, King of the 85th and Odom of the 114th.

MONDAY, JANUARY 14, 1974

15

HR 437. By Messrs. Murphy of the 18th, Burruss of the 21st, Busbee of the 114th, Lambert of the 97th and Edwards of the 95th:
A resolution calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor.

The Speaker appointed as a committee of escort on the part of the House the following members thereof:
Messrs. Adams of the 74th, Atherton of the 19th, Brown of the 7th, Mrs. Clark of the 55th, Messrs. Harris of the 51st, Irwin of the 113th, and Toles of the 16th.

HR 438. By Messrs. Murphy of the 18th, Burruss of the 21st, Busbee of the 114th, Lambert of the 97th and Edwards of the 95th:
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 appointed as a committee of escort on the part of the House the following members thereof:
Messrs. Willis of the 119th, Wall of the 61st, Strickland of the 116th, Russell of the 62nd, Patterson of the 64th, McKinney of the 35th and Levitas of the 50th.

The following resolution of the Senate was read and put upon its adoption:

SR 248. By Senator Holley of the 22nd:
A resolution to notify the House of Representatives that the Senate has convened.

On the adoption of the resolution, the ayes were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
The following communication was read by the Secretary:

16

JOURNAL OF THE SENATE,

SECRETARY OP STATE State Capitol Atlanta

January 14,1974

Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearance as of January 11, 1974, being numbers 1 through 75, in accordance with Act No. 1294 (HB 1210), Georgia Laws 1970.
With best wishes, I am
Sincerely your friend, /s/ Ben W. Fortson, Jr.
Secretary of State
Enclosure

STATE OF GEORGIA
OFFICE OF SECRETARY OF STATE
I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify that the four pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 1 through 75), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearances for the 1974 Session of the Georgia General Assembly as of Friday, January 11, 1974, in accordance with Act No. 1294, Georgia Laws, 1970.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 14th day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-four and of the Independence of the United States of America the One Hundred and Ninety-eighth.
/s/ Ben W. Fortson, Jr. Secretary of State

MONDAY, JANUARY 14, 1974

17

THOSE REGISTERED IN THE DOCKET OP LEGISLATIVE APPEARANCE -- 1974

1. Gene Dyson Georgia Business and Industry Association, Inc. 181 Washington Street, S. W. Atlanta, Georgia 30303
2. James N. Parkman Georgia Business and Industry Association, Inc. 181 Washington Street, S. W. Atlanta, Georgia 30303
3. Clifford M. Clarke Georgia Business and Industry Association, Inc. 181 Washington Street, S. W. Atlanta, Georgia 30303
4. Raymond L. Hill Georgia Hotel-Motel Assn. 1410 Rhodes-Haverty Building Atlanta, Georgia 30303
5. Jerry R. Griffin Georgia Municipal Association 220 - 10 Pryor Street Bldg. Atlanta, Georgia 30303
6. George L. DeMore Georgia Business and Industry Association, Inc. 181 Washington Street, S. W. Atlanta, Georgia 30303
7. Richard H. Kimberly Kimberly-Clark Corporation 1054 Foxcroft Road, N. W. Atlanta, Georgia 30327
8. Larry W. Thomason Common Cause 406 Decatur Federal Building Decatur, Georgia 30030
9. Elizabeth B. Duncan Common Cause 660 Elkmont Drive, N. E. Atlanta, Georgia 30306
10. William H. "Bill" Burson National Federation of Independent Business 3004-1 Buford Highway, N. E. Atlanta, Georgia 30329

11. Frank L. Carter Georgia Textile Manufacturers Association, Inc. 2640 National Bank of Georgia Bldg. Atlanta, Georgia 30303
12. Jesse W. Curlee Georgia Textile Manufacturers Association, Inc. 2640 National Bank of Georgia Bldg. Atlanta, Georgia 30303
13. Charles Belt The People 3042 O'Hara Drive South Macon, Georgia 31206
14. Carlton Marlow Registered Agent Mark Inns Self 4678 Fowler Circle Acworth, Georgia 30101
15. Mrs. Mary Alice Henning Common Cause 1847 Fisher Trail, N. E. Atlanta, Georgia 30345
16. Charles W. Larcom Common Cause 2823 Kathryn Court East Point, Georgia 30344
17. Ann W. White Common Cause 1961 River Forest Road, N. W. Atlanta, Georgia 30327
18. Charles H. Lindsey Registered Agent Georgia Sign Association Georgia Automatic Merchandising Council The South Eastern Fabricare Assn. Suite 117, 1639 Tullie Circle, N.E. Atlanta, Georgia 30329
19. Mack A. Tucker, Jr. Georgia Concrete and Products Assn. 2951 Flowers Road South Atlanta, Georgia 30341

18

JOURNAL OF THE SENATE,

20. Judge G. Sisk National Association of Retired and Veteran Railway Employees, Inc. 398 Lake Drive Hapeville, Georgia 30354
21. Merle Lefkoff S.A.V.E. 1337 Kittredge Court Atlanta, Georgia 30329
22. Paul L. Hanes Registered Agent Georgia Beer Wholesalers Self Suite 1727,100 Colony Square Atlanta, Georgia 30361
23. Patrick O'Leary Common Cause 3223 McKenzie Road East Point, Georgia 30344
24. Roy W. Sockwell Christian Science Committee on Publications 3379 Peachtree Road, N. E. Atlanta, Georgia 30326
25. Edward M. Southerland Common Cause 1111 Clairmont Avenue Apartment N-5 Decatur, Georgia 30030
26. Wesley Wood Terry Self 66 Copeland Road, N. E. Atlanta, Georgia 30342
27. Howard H. Burns Georgia Hearing Aid Society 964 Houston Mill Road, N. E. Atlanta, Georgia 30307
28. Glenn M. Hogan Georgia Hospital Association 92 Piedmont Avenue, N. E. Atlanta, Georgia 30303
29. Martha True Georgia State AFL-CIO 501 Pulliam Street, S. W. Suite 549 Atlanta, Georgia 30312
30. Herbert H. Mabry Georgia State AFL-CIO 501 Pulliam Street, S. W. Suite 549 Atlanta, Georgia 30312

31. Betty C. Godwin Georgia State AFL-CIO 501 Pulliam Street, S. W. Suite 549 Atlanta, Georgia 30312
32. George L. Harris, Jr. Georgia Bankers Association Post Office Box 891 Atlanta, Georgia 30301
33. Kenny D. Fuller, Sr. Georgia Ambulance Association Post Office Box 252 Lexington, Georgia 30648
34. Rusty Kidd Medical Association of Georgia 938 Peachtree Street, N. E. Atlanta, Georgia 30309
35. Bill Merritts Grayline of Atlanta 309 Walker Street, S. W. Atlanta, Georgia 30313
36. James H. Hudson Eli Lilly & Company Post Office Box 628 Norcross, Georgia 30071
37. E. Harold Sheats Association County Commissioners of Georgia 2036 Headland Drive East Point, Georgia 30344
38. Mrs. Mamie Kennedy Taylor Georgia Federation of Women's Clubs 1137 Briarcliff Road, N. E. Atlanta, Georgia 30306
39. Carl T. Martin United States Brewers Association Suite 101, 1655 Tully Circle, N. E. Atlanta, Georgia 30329
40. Dorothy Tracy League of Women Voters Education 3037 Slaton Drive, N. W. Atlanta, Georgia 30305
41. AlHill Georgia Association of Assessing Officials 1010 Skyline Drive Griffin, Georgia 30223

MONDAY, JANUARY 14, 1974

19

42. Troy Athon Georgia Nursing Home Assn. 3250 Memorial Drive Decatur, Georgia 30032
43. Gerry W. Dobson Common Cause 3283 Blazing Pine Knoll Decatur, Georgia 30034
44. Glenn Newsome Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30032
45. Clint G. Sweazea Air Transport Association Atlanta Airport Atlanta, Georgia 30320
46. Alan S. Gaynor First Bank of Savannah 440 Lincoln Street Savannah, Georgia 31401
47. John D. Prien, Jr. Georgia Society of Professional Engineers Suite 770 1375 Peachtree Street, N. E. Atlanta, Georgia 30309
48. R. M. Bullington United Transportation Union Post Office Box 80763 Chamblee, Georgia 30341
49. Charles T. White Georgia Beer Wholesalers Assn. Suite 1701 - 100 Colony Square Atlanta, Georgia 30361
50. John E. Wright The Atlanta Labor Council 501 Pulliam Street, S. W. Atlanta, Georgia 30312
51. Dr. DuPree Jordan, Jr. Association of Private Colleges and Universities in Georgia 3330 Peachtree Road, N. E. Suite 557 Atlanta, Georgia 30326
52. W. Elmer George Georgia Municipal Association 220 -10 Pryor Street Building Atlanta, Georgia 30303

53. Herman Spence Georgia Retail Furniture Assn. 14-G-2 Atlanta Merchandise Mart Atlanta, Georgia 30303
54. Wilton Hill Georgia School Bus Drivers Assn. Box 158 Reidsville, Georgia 30453
55. Abit Massey Georgia Poultry Federation Box 763 Gainesville, Georgia 30501
56. Mrs. Charlotte D. Moran DeKalb County League of Women Voters 1802 East Clifton Road, N. E. Atlanta, Georgia 30307
57. Karen Bedingfield Georgia Electric Membership Corp. Suite 845, 148 Cain Street Atlanta, Georgia 30303
58. Heywood Gay Georgia Electric Membership Corp. Suite 845, 148 Cain Street Atlanta, Georgia 30303
59. Ski Bashinski Registered Agent Georgia Independent Automobile Dealers Assn. Georgia Funeral Directors Assn. Georgia Motorcycle Dealers Assn. Recreational Vehicle Dealers of Greater Atlanta Marine Trade Assn. of Metro Atlanta 3009 Rainbow Drive Decatur, Georgia 30034
60. Harold F. Jackson A & P Tea Company 4081 Windsor Castle Way Decatur, Georgia 30034
61. Steve Nimmer Registered Agent 3M Georgia Automobile Dealers Assn. Georgia Farm Equipment Assn. P. O. Box 269 Blackshear, Georgia 31516

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62. William F. Morie Georgia Automobile Dealers Assn. 808 Hartford Building Atlanta, Georgia 30303
63. Phil Harrison Georgia Dental Association 1776 Peachtree Street, N. E. Atlanta, Georgia 30309
64. William F. Renouf Transamerica Corporation Suite 138 3781 Northeast Expressway Atlanta, Georgia 30340
65. FredReber American Investment Company 3151 Maple Drive Atlanta, Georgia 30305
66. Rowanda Maloof Isaf American Association of University Women 993 Fairfield Drive Marietta, Georgia 30062
67. Bill McBrayer Georgia Retail Association 8-E-2 Atlanta Merchandise Mart Atlanta, Georgia 30303
68. Bruce E. Widener Registered Agent Self Georgia Utility Contractors Association Suite 125, South DeKalb Office Park 3009 Rainbow Drive Decatur, Georgia 30034

69. Richard F. Hewatt Registered Agent Loyal Order of Moose American Legion, Post 1 Yaarab Temple Elks Lodge, #78 563 Trabert Avenue, N. W. Atlanta, Georgia 30309
70. Garland Williams Fulton County Board of Education 2674 Lancaster Drive East Point, Georgia 30344
71. W. A. Binns Union Camp Corporation P. O. Box 570 Savannah, Georgia 31402
72. John F. Chambless Associated General Contractors of America, Inc. (Ga. Branch) 147 Harris Street, N. W. Atlanta, Georgia 30313
73. Andrew Jackson Moye, III Common Cause 330 Arrowhead Blvd. Apartment 36-B Jonesboro, Georgia 30236
74. Robert Scholtens Common Cause 2405 Hazelwood Drive Atlanta, Georgia 30345
75. William Randolph Oven National Association of Social Workers 1185 Collier Road, Apt. 14G Atlanta, Georgia 30318

The following bill of the Senate was introduced, read the first time and referred to committee:

SB 425. By Senator Johnson of the 38th:
A bill to add two additional judges of the Superior Court to each judicial circuit in counties having a certain population; to provide for the ap pointment of the first such additional judges by the Governor.
Referred to Committee on Judiciary.

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

MONDAY, JANUARY 14, 1974

21

HB 1230. By Messrs. Twiggs and Colwell of the 4th: A bill to change the provisions relating to the compensation of the Towns County sheriff.
Referred to Committee on County and Urban Affairs.

HB 1237. By Messrs. Dean of the 60th and Mason of the 59th:
A bill to amend the charter for the City of Buford, so as to change the provisions relating to the eligibility and election of members of the city commission.
Referred to Committee on County and Urban Affairs.

The following resolutions of the House were read and adopted:
HR 435. By Mr. Murphy of the 19th and others: A resolution to notify the Governor that the General Assembly has convened.
The President appointed as a Committee of Notification on the part of the Senate the following:
Senators Carter of the 14th, Ward of the 39th, Tysinger of the 41st, Reynolds of the 48th, Duncan of the 30th, Hudgins of the 15th and Doss of the 52nd.
HR 437. By Mr. Murphy of the 19th 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.
The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Holloway of the 12th, Smith of the 34th, Hamilton of the 26th, Johnson of the 38th, Riley of the 1st, Gillis of the 20th and Coggin of the 35th.
The following resolution of the Senate was read and adopted:
SR 251. By Senators Kennedy of the 4th, Gillis of the 20th, Cox of the 21st and others: A resolution expressing sympathy at the passing of Mrs. Una Mae Rush.

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The following resolution of the Senate was read and put upon its adoption:

SR 249. By Senator London of the 50th: A resolution amending Senate Resolution 2.

On the adoption of the resolution, the ayes were 42, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

Senator London of the 50th moved that the following bills and resolutions of the Senate and House be recommitted to the following committees:

SB 1. By Senators Fincher of the 54th, Summers of the 53rd, Brown of the 47th and others:
A bill to provide that persons holding deposits shall be required to accrue interest on such deposits on behalf of the persons who made such deposits.
Recommitted to Committee on Banking and Finance.

SB 47. By Senators Stephens of the 36th, Parker of the 31st, Coggin of the 35th and others:
A bill to provide for the compensation of certain judges and for the Attorney General and District Attorneys.
Recommitted to Committee on Economy, Reorganization and Efficiency in Government.

SB 60. By Senator Hamilton of the 26th:
A bill to amend Code Chapter 38-4, relating to admissions and con fessions in evidence, as amended, so as to provide that the source of certain types of information shall be deemed privileged; to provide that certain newsmen cannot be adjudged in contempt for refusal to disclose sources of information.
Recommitted to Committee on Special Judiciary.

SB 78. By Senator Stephens of the 36th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, as amended, so as to prohibit the sale, giving away, barter-

MONDAY, JANUARY 14, 1974

23

ing, exchange, distribution or possession of certain artificial sexual organs and devices.
Recommitted to Committee on Health and Welfare.

SB 84. By Senator Stephens of the 36th:
A bill to amend Code Chapter 26-18, relating to theft, as amended, so as to change the penalty provisions relative to theft of services.
Recommitted to Committee on Special Judiciary.

SB 157. By Senator Moore of the 56th:
A bill to provide that in certain municipalities of this State, the chief of police, or head of the law enforcement agency by whatever name called, shall be appointed by the Governor of the State.
Recommitted to Committee on Economy, Reorganization and Efficiency in Government.

SB 204. By Senator Coverdell of the 40th:
A bill to provide that the homestead of each resident of the Independent School District of the City of Atlanta who is sixty-two years old and has an income not exceeding $6,000 shall be granted an exemption from all ad valorem taxation for educational purposes levied for such school system.
Recommitted to Committee on Banking and Finance.

SB 205. By Senator Coverdell of the 40th:
A bill to provide that the homestead of each resident of the Fulton County School District who is sixty-two years old and who has an income not exceeding $6,000 shall be granted an exemption from all ad valorem taxation for educational purposes levied for such school system.
Recommitted to Committee on Banking and Finance.

SB 234. By Senator Johnson of the 38th: A bill to prohibit discrimination in housing accommodations based on race, color, sex, religion or national origin; to provide for declaration of policy.
Recommitted to Committee on Industry and Labor.
SB 253. By Senator Kidd of the 25th: A bill to amend the Revenue Tax Act to legalize and control alcoholic beverages and liquors, as amended, so as to authorize the installation by

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JOURNAL OF THE SENATE,

certain licensees who are authorized to sell distilled spirits or alcoholic beverages by mechanical dispensing devises upon the premises of the licensee.
Recommitted to Committee on Temperance.

SB 293. By Senator Henderson of the 33rd:
A bill to amend Code Section 13-203.1, relating to bank offices and bank facilities, so as to increase the number of bank offices or bank facilities which may be established by a parent bank or bank branch in certain counties.
Recommitted to Committee on Banking and Finance.

SB 303. By Senator Smith of the 34th: A bill to repeal an Act to create a Metropolitan Area Planning and Development Commission in each Standard Metropolitan Statistical Area of this State having a population of more than 1,000,000 according to the United States Decennial Census of 1970, or any future census.
Recommitted to Committee on Economy, Reorganization and Efficiency in Government.
SB 373. By Senator Lester of the 23rd: A bill to amend Code Title 88, known as the "Georgia Health Code", as amended, so as to delete all provisions relating to the present method of judicial hospitalization of patients to hospitals for the mentally ill, alcoholics and drug dependent individuals.
Recommitted to Committee on Institutions and Mental Health.
SB 410. By Senator Howard of the 42nd: A bill to amend an Act prohibiting the sale or delivery of certain harmful materials to minors, so as to provide that the provisions of this Act shall not apply to certain persons.
Recommitted to Committee on Judiciary.
SB 421. By Senators Cleland of the 55th, Coverdell of the 40th and Garrard of the 3 7th: A bill to amend an Act creating the Executive Board of the Georgia World Congress Center, so as to provide for annual reports to the General Assembly.
Recommitted to Committee on Banking and Finance.

MONDAY, JANUARY 14, 1974

25

SR 6. By Senators Starr of the 44th, Hamilton of the 26th, McDuffie of the 19th and others:
A resolution proposing an amendment to the Constitution, so as to provide that an exception to the requirement that each county shall compose a school district and to delete the provisions requiring that 51% of the voters shall vote in referendum elections on the question of consolidation or merger of school systems to form area school districts.
Recommitted to Committee on Elementary and Secondary Education.

SR 40. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution, so as to pro vide that all elective and appointive officers of the legislative, executive and judicial branches of the State government shall be ineligible to hold office after becoming seventy years of age.
Recommitted to Committee on Economy, Reorganization and Efficiency in Government.

SR 70. By Senator Moore of the 56th:
A resolution proposing an amendment to the Constitution so as to pro vide that no area which contains a population in excess of 45,000 shall be added to the corporate limits of any municipality without the assent of a majority of those electors who reside within the area proposed to be annexed who vote in a referendum on such question.
Recommitted to Committee on Economy, Reorganization and Efficiency in Government.

SR 123. By Senator Cox of the 21st:
A resolution proposing an amendment to the Constitution, so as to au thorize the governing authority of any county or muncipal corpora tion to provide for the exemption from taxation all tangible personal property in transit through this State and all tangible personal prop erty manufactured, processed or refined in this State and stored for shipment outside the State.
Recommitted to Committee on Banking and Finance.

SR 124. By Senator Cox of the 21st:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for the exemption from all ad valorem taxation certain tangible personal property in transit through this State stored in public warehouses and certain tangible personal prpoerty manufactured and stored in public warehouses for shipment outside the State.
Recommitted to Committee on Banking and Finance.

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JOURNAL OF THE SENATE,

SR 143. By Senator Dean of the 6th:
A resolution urging that the General Assembly amend the Constitution to allow forest land to be assessed at its use value for property tax purposes.
Recommitted to Committee on Banking and Finance.

HB 4. By Mr. Murphy of the 18th:
A bill to amend Code Section 9-103, relating to qualifications and residence requirements of applicants for the Bar Examination, so as to provide that students who are enrolled in the last 2 quarters or the last semester of nationally accredited law schools shall be eligible to stand the Bar examination.
Recommitted to Committee on Judiciary.

HB 19. By Mrs. Hamilton of the 31st, Messrs. Marcus of the 26th, Savage of the 30th and others:
A bill to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb; to create a new charter for said city.
Recommitted to Committee on Economy, Reorganization and Efficiency in Government.

HB 37. By Mr. Berlin of the 89th:
A bill to amend an Act known as "The Georgia Criminal Justice Act", so as to clarify the criminal proceedings in which indigent persons shall be afforded representation.
Recommitted to Committee on Judiciary.

HB 138. By Mr. Murphy of the 18th:
A bill to amend an Act to fix the salaries of the judges of the superior courts, so as to provide that all State-paid employees of the judges and district attorneys of the superior courts of this State shall be subject to a merit system of employment.
Recommitted to Committee on Appropriations.

HB 172. By Mr. Dean of the 54th:
A bill to require all students and teachers to wear certain eye protective devices when participating in certain courses of instruction; to provide for rules and regulations.
Recommitted to Committee on Vocational and Technical Education.

MONDAY, JANUARY 14, 1974

27

HB 196. By Messrs. Farrar of the 52nd, Buck of the 87th and Matthews of the 62nd:
A bill to amend an Act establishing the Teachers' Retirement System, so as to reduce the creditable service a member must have in order to vest his service retirement benefit under the provisions of this Act.
Recommitted to Committee on Retirement.

HB 247. By Messrs. Brown of the 89th and Adams of the 36th: A bill to amend the "Uniform Act Regulating Traffic on Highways", so as to change certain of the provisions relating to the administration of chemical tests used to determine the alcoholic and drug content of blood and the use thereof.
Recommitted to Committee on Highways.
HB 314. By Messrs. Jones of the 109th, Chance of the 112th, Adams of the 14th and others: A bill to amend Code Section 59-104, relating to the compensation of jury commissioners and their clerk, so as to increase said compensation.
Recommitted to Committee on Judiciary.
HB 350. By Mr. Vaughn of the 57th: A bill to amend an Act providing for the Department of Transportation to develop and coordinate long range comprehensive plans for all modes of transportation, so as to provide for statewide transportation plans.
Recommitted to Committee on Highways,
HB 367. By Mr. Parrar of the 52nd: A bill to create an educational research and development program.
Recommitted to Committee Elementary and Secondary Education.
HB 368. By Mr. Farrar of the 52nd: A bill to provide evaluation and tenure for classroom teachers and all other professional personnel of local school systems except the superin tendent.
Recommitted to Committee on Elementary and Secondary Education.

HB 372. By Messrs. Nessmith and Lane of the 76th:
A bill to amend the Georgia Post Mortem Examination Act, so as to charge the fees to be paid medical examiners for performing certain services.
Recommitted to Committee on Health and Welfare.

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HB 384. By Mr. Jordan of the 58th:
A bill to amend an Act providing for a uniform traffic citation and complaint form, so as to provide that copies of each traffic citation and complaint issued by a law enforcement officer shall be forwarded to the Commissioner of the Department of Public Safety.
Recommitted to Committee on Highways.

HB 390. By Mr. Bostick of the 123rd:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to specify the retirement age for purposes of required medical examinations.
Recommitted to Committee on Retirement.

HB 391. By Mr. Bostick of the 123rd:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to additionally empower, notwithstanding the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments, the members of the Board of Trustees to invest and re-invest the assets of the Employees' Retirement System of Georgia, singly or in conjunction with Teachers' Retirement System of Georgia.
Recommitted to Committee on Retirement.

HB 392. By Mr. Bostick of the 123rd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to additionally empower, notwithstanding the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments, the members of the Board of Trustees to invest and re-invest the assets of the Teachers' Retirement System of Georgia.
Recommitted to Committee on Retirement.

HB 580. By Mr. Harris of the 51st:
A bill to amend the "Uniform Reciprocal Enforcement of Support Act", so as to provide that the District Attorney shall represent the plaintiff under the provisions of said Act where the obligee is a dependent child or the obligees are dependent children.
Recommitted to Committee on Judiciary.

MONDAY, JANUARY 14, 1974

29

HB 604. By Mr. Jordan of the 58th:
A bill to provide for certain rights and responsibilities of blind or visually handicapped persons and persons who are otherwise physically disabled.
Recommitted to Committee on Judiciary.

HB 734. By Mr. Dollar of the 63rd:
A bill to provide for the enforcement of foreign judgments; to provide a short title; to provide for definitions; to provide for the filing of foreign judgments and the notice thereof; to provide for the stay of enforcement of such judgments.
Recommitted to Committee on Appropriations.

HB 842. By Messrs. Morgan of the 70th, Bennett of the 124th, Tucker of the 69th and Snow of the 1st:
A bill to amend the "Georgia Youthful Offender Act of 1972", so as to redefine a certain term; to clarify certain provisions relating to the sentencing of defendants under this Act.
Recommitted to Committee on Special Judiciary.

HB 886, By Mr. Lambert of the 97th:
A bill to amend Code Section 50-103, providing how habeas corpus petitions must be verified and to whom presented, so as to provide that habeas corpus petitions in criminal cases may be presented to the court of ordinary except where the court does not have the trial jurisdiction or where the person's liberty is being restrained.
Recommitted to Committee on Judiciary.

HB 893. By Messrs. Hill of the 110th and Bond of the 32nd:
A bill to amend Code Section 88-1201.1, relating to rules and regulations for tests for Phenylketonuria and Sickle Cell Anemia and Sickle Cell Trait, so as to provide that such rules and regulations for tests shall require such tests to be made before children begin attending public schools.
Recommitted to Committee on Health and Welfare.

HB 921. By Messrs. Harden and Rogers of the 128th:
A bill to amend an Act known as the "State Ports Authority Act", so as to authorize the Governor to convey certain property to the Georgia State Ports Authority subject to the Marshlands Protection Act of 1970.
Recommitted to Committee on Public Utilities and Transportation.

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HB 978. By Mr. Greer of the 43rd:
A bill to amend an Act providing for a maximum outside width for certain buses in counties of this State having certain populations (in excess of 256,000) so as to include the Metropolitan Atlanta Rapid Transit Authority in the definition of "urban transit systems".
Recommitted to Committee on Highways.

HB 1010. By Messrs. Busbee of the 114th and Connell of the 80th:
A bill to amend Code Chapter 88-9, relating to Air Quality Control, so as to delete the provisions providing that certain information obtained by the State under the authority of this Chapter shall not be admissible in evidence in private actions.
Recommitted to Committee on Natural Resources and Environmental Quality.

HB 1038. By Messrs. Toles of the 16th, Lowrey of the 15th, Adams of the 14th and others:
A bill to amend the Dead Animal Disposal Act, so as to provide that the Maintenance Department of the Highway Division of the Depart ment of Transportation shall remove and dispose of the carcasses of all dead animals found within the rights-of-way of all highways within the State maintained either totally or in part from State funds.
Recommitted to Committee on Highways.

HB 1181. By Mr. Hill of the 41st:
A bill to amend Code Section 92-3315, relating to the collection of tax out of the assets of a dissolved corporation, so as to provide that the State Revenue Commissioner shall not have the right to bring any ac tion against a person holding assets of a dissolved corporation for the payment of income taxes except in certain cases.
Recommitted to Committee on Banking and Finance.

HB 1192. By Mr. Collins of the 45th:
A bill to amend an Act entitled the "Georgia Post-Mortem Examination Act", so as to authorize the Department of Public Safety to lease or rent an airplane to be operated by the Director of the State Crime Laboratory on official business.
Recommitted to Committee on Economy, Reorganization and Efficiency in Government,

MONDAY, JANUARY 14, 1974

31

HR .284. By Mr. Larsen of the 27th:
A resolution relative to the Eastern Wilderness Omnibus Bills before Congress.
Recommitted to Committee on Natural Resources and Environmental Quality.

HR 317. By Messrs. Wilson of the 9th, Pinkston and Triplett of the 89th and others:
A resolution creating the Joint Financial Institution Laws Study Com mittee.
Recommitted to Committee on Rules.

On the motion to recommit the bills and resolutions, the ayes were 43, nays 0, and the motion prevailed.

Senator McDuffie of the 19th moved that the following bill of the Senate, on the Senate Calendar for January 14, 1974, be postponed until January 16, 1974:
SB 333. By Senator McDuffie of the 19th: A bill to amend an Act to provide that any judge of the superior courts on appeal may approve a settlement agreement between all the parties and heirs at law providing for a disposition of the properties irrespective of the terms of the will in issue.
On the motion, the ayes were 34, nays 0; the motion prevailed, and SB 333 was postponed until January 16, 1974.
The following communication, received from His Excellency, Governor Jimmy Carter, was read by the Secretary:
EXECUTIVE DEPARTMENT Atlanta 30334
April 24, 1973
Honorable Lester G. Maddox Lieutenant Governor and President of the Senate State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Maddox:
I have vetoed Senate Bills 5, 32, 279, 202/289, 308, 405, 265, 43, 107, 209, 236, 314 and Senate Resolution 9 which were passed by the General Assembly of Georgia at the 1973 Regular Session.

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Article V Section I, Paragraph XV of the Constitution of the State of Georgia requires that I transmit such bills to you together with a list of reasons for such vetoes. The bills and list of reasons for their veto are enclosed.

Sincerely, Is/ Jimmy Carter

JC:whc

Enclosures
cc: Honorable Hamilton McWhorter Honorable Frank Edwards Honorable Arthur Bolton Honorable Ben W. Fortson, Jr.

Veto No. 1--Senate Bill 5 by Senator London of the 50th and Senator Kidd of the 25th
This bill is similar but less comprehensive than House Bill 693, both of which are designed to change the due dates for quarterly withholding tax returns and payments from the 20th day of the month to the last day of the month. House Bill 693 is more correlative with existing with holding tax laws, and I have signed it into law rather than Senate Bill 5.

Veto No. 2--Senate Bill 32 by Senator Webb of the llth and Senator London of the 50th
The original proposal by the Commission on Judicial, Processes provided for reasonable discovery in all criminal cases. As passed with amendments, though, this bill would impose unreasonable burdens upon the effective and timely administration of criminal justice in our courts.

Veto No. 5--Senate Bill 279 by Senator Kidd of the 25th
This bill would legalize bingo, which is presently prohibited by our gambling laws. One of my campaign commitments was to prohibit any form of legalized gambling legislation. While bingo may seem to be a relatively harmless pastime, gross abuses have resulted through com mercialization, and I do not believe such activity to be in Georgia's best interest.

Veto No. 8--Senate Bill 202 by Senator Kidd of the 25th
This bill would authorize the purchase of life insurance annuity con tracts under a deferred compensation agreement between public em ployees and employers. This bill authorizes the head of an employee unit to direct the administration of such a program, rather than a central administrative body such as the Merit Board. Each department within the State could purchase a different policy from a different com pany, making it difficult to coordinate these programs for the benefit of State employees and would result in an expensive and complicated ac counting and auditing control function. The bill does not authorize any alternatives except life insurance. As a result of these limitations, this bill is not in the best interests of the employees.

MONDAY, JANUARY 14, 1974

33

Veto No. 9--Senate Bill 289 by Senator Dean of the 6th
This bill would have authorized flashing lights for vehicles owned by volunteer firemen. House Bill 782 accomplishes the same purposes, but provides for safeguards against the abuse of this authorization which are not contained in Senate Bill 289. I have signed House Bill 782 into law.

Veto No. 10--Senate Bill 308 by Senator Brown of the 47th
This bill would have weakened the warranty provisions now re quired of automobile manufacturers. While the original intent of the bill was to make certain allowances for jeeps and other off-road vehicles, the wording in the bill as passed extended these allowances to passenger cars as well.

Veto No. 11--Senate Bill 405 by Senator London of the 50th
This bill would have the effect of increasing the compensation of one of the local officials in Fannin County. Other county salaries were rejected because of the county's large indebtedness. A large number of citizens asked that this bill be vetoed and county expenses be kept to a minimum until the local debt can be brought under control.

Veto No. 21--Senate Bill 265 by Senators Thompson of the 32nd, War ren of the 43rd, Ballard of the 45th and Skene of the 27th
This bill, because of an apparent clerical error, reduced the penalty for depressant and stimulant and counterfeit drugs, and for this reason was vetoed.

Veto No. 42--Senate Bill 43 by Senator Smalley of the 28th
This bill would require the reemployment of certain retired members of the Department of Public Safety in order that they may complete sufficient years of service to qualify for maximum retirement benefits. It is not in the best interests of the Department to change the mandatory retirement age provided for by law.

Veto No. 43--Senate Bill 107 by Senator Fincher of the 54th
This bill amends the Anatomical Gift Act so as to provide a new standard for determining death; however, this bill also voids numerous gifts made pursuant to the Act and for this reason it was vetoed.

Veto No. 44--Senate Bill 209 by Senator Starr of the 44th
This bill was drawn to authorize the transfer of prisoners after conviction to the State correctional facilities; however, the provisions relative to such transfer inadvertently prohibited the transfer during the first 30 days after conviction. The bill also contains matter in the body thereof that is not referred to in the caption.

Veto No. 45--Senate Bill 236 by Senator Coggin of the 35th
This bill would have exempted from mandatory representation by the District Attorney under the Uniform Reciprocal Enforcement of

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Support Act indigent wives or former wives seeking to enforce their support payments in foreign States. While I agree that discretion should be used as to representation of those who can afford counsel, I cannot permit those who cannot afford such legal representation to go without the benefits of this Act.

Veto No. 46--Senate Bill 314 by Senator Dean of the 6th
This bill directs the Department of Transportation to erect and maintain safety arm warning devices at the foot of each drawbridge in Georgia. Because of the length of some bridge spans and the requirement that the operator of the drawbridge have adequate visibility with re spect to the traffic, such placement will create serious safety hazards. Because of the safety engineering problems, the Department of Trans portation requested that this bill be vetoed.

Veto No. 47--Senate Resolution 9 by Senator Kidd of the 25th
This resolution authorizes the transfer of 25 acres of land which is a part of the park properties owned by the State within the City of Milledgeville. The State needs this property for the proper and full development of the State park.

The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 148. By Senators Kidd of the 25th, Cox of the 21st and Gillis of the 20th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the payment of $250,000 to the first person, firm or corporation, or combination thereof, which establishes a plant for the commercial production of aluminum ore (alumina or aluminum chloride) for kaolin and produces a minimum of 300,000 tons annually; 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 II of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The General Assembly is hereby authorized to provide by law for the payment of $250,000 to the first person, firm or corporation, or combina tion thereof, which establishes a plant for the commercial production of aluminum ore (alumina or aluminum chloride) from kaolin and pro duces a minimum of 300,000 tons annually."

MONDAY, JANUARY 14, 1974

35

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 pay-
( ) NO ment of $250,000 to the first person, firm or corpora tion, or combination thereof, which establishes a plant for the commercial production of aluminum ore (alu mina or aluminum chloride) from kaolin and produces a minimum of 300,000 tons annually?"

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 offered the following amendment:
Amend SR 148 by adding after the word "kaolin" on Page 1, line 19 the following: "mined in Georgia."

On the adoption of the amendment, the ayes were 42, nays 0, and the amend ment was adopted.
Senator Webb of the llth offered the following amendment: Amend SR 148 by striking the word "annually" from Page 1, line
19, and substituting therefor
"during the first twelve months of operation.";
and on Page 1, line 7, striking the word "annually" and substituting therefor the words
"during the first twelve months of operation."
On the adoption of the amendment, the ayes were 45, nays 0, and the amendment was adopted.

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Senator Holloway of the 12th offered the following amendment:
Amend SR 148 by adding after the word "kaolin" on line 6, Page 1, the words: "mined in Georgia".

On the adoption of the amendment, the ayes were 45, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldnidge Fincher Garrard Gillis Hamilton

Henderson Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Reynolds Riley Rowan Skene Smith Starr Stephens Summers Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Herndon

Sutton

Those not voting were Senators:

Cleland Hudgins

Parker Salter

Smalley

On the adoption of the resolution, the ayes were 49, nays 2.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted as amended.

MONDAY, JANUARY 14, 1974

37

Senator Holley of the 22nd moved that the Senate recess at 12:00 o'clock Noon until 6:30 o'clock P.M. in order that senators can attend the Joint Session of the Senate and House called for the purpose of hearing the State of the State message by His Excellency, Governor Jimmy Carter and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

The hour for convening the Joint Session of the Senate and House having ar rived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the State of the State message by His Excellency, Governor Jimmy Carter, was called to order by the President of the Senate. HR 437 au thorizing the Joint Session of the Senate and House was read by the Secretary of the Senate.

His Excellency, the Governor, addressed the General Assembly as follows:
Lieutenant Governor Maddox, Speaker Murphy and my fellow Georgians:
I speak to you tonight with mixed emotions because this is my last State of the State message, and as with the proverbial glass, I could view my term as either three-quarters empty or one-quarter full.
But in reality both portions have been and will be full, because we have realized almost unbelievable progress already, and we have adequate opportunity for additional success this year. We Georgians are deeply obligated to you, the members of the General Assembly, but all Legisla tors to whom we are indebted are not here.
The most conspicuous absence is that of Speaker George L. Smith, one of the greatest lawmakers this nation has ever known.
When we first learned of his illness, many of us felt bereft of leader ship, but Speaker Pro Tern Tom Murphy immediately took up the fallen gavel. Since that time he has provided us with a continuity and quality of service beyond all reasonable expectations.
Again you have chosen well. I have joined you in pledging to your new speaker my complete cooperation and support. We know from ex perience that our people are deeply concerned about government.
One of my last conversations with the late Speaker was about the need to dramatize the contrast between the national scene, where the legislative and executive branches are divided in non-productive dis harmony, and that which exists in Georgia--to complete our present terms in office with a demonstration during this session of harmony and constructive government.
Let us look briefly at our record of both success and failure.

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In general our reorganized government is performing well. We have successfully halted the runaway growth in employees on the State's payroll. A few short years ago the number of State workers was in creasing at the rate of 14% per year, an all time high. By last year, the first full year of Reorganization, services were increased dramatically, but we had reduced that employment growth rate to about 2%%.
Next fiscal year, even including the staffing of our new mental hospitals, recommended budgeted positions will rise by less than 2%.
Georgia's unemployment is 30% below the national average and economic growth is excellent.
Last year's capital investment in new and expanded industry was 25% more than any previous year with almost a third more new jobs than three years ago.
Our new activities in the international arena have already begun to bear fruit. During 1973 we gained two more foreign consulates, and Japan has already announced plans for a consul general to arrive here early this year. Announced Japanese investment alone exceeded $75 million for 1973, providing over 2,000 new jobs for Georgia's workers, primarily in the Macon and Augusta areas.
This Spring, in April, all the great nations of North and South America will assemble in Atlanta, Georgia, the first meeting in this country of the Organization of American States ever held outside of Washington, D. C.
I'm proud that you have already passed a substantial portion of the first comprehensive judicial reform package in this century. Our judges, district attorneys, grand juries and our law enforcement officers and private citizens are eager to see us complete this job.

Our State Division of Investigation is now a top-notch professional crime-fighting organization. Just in the area of drug abuse, the statistics are amazing. This past year DOI agents, working closely with federal and local officials, made over 700 drug arrests and confiscated drugs worth more than $6 million. The new special contract agents you pro vided last year have an astounding 96% conviction rate on narcotics cases brought to trial thus far.

Our State Patrol has been equally effective. Last year, despite a large increase in motorist miles driven, we had 35 fewer traffic deaths in Georgia. By paying Troopers to work overtime in areas with high fatality rates, we have been able to reduce deaths in 18 affected counties by a remarkable 30%.

I could make an entire speech about accomplishments in Natural Resources. We are lagging behind in municipal water quality control because of lack of funds, but practically all industrial sewerage will be treated by the end of this year. We are having safe and successful hunt ing seasons, and if they can be properly protected for a few years, large

MONDAY, JANUARY 14, 1974

39

numbers of native wild turkey, like deer and other game, will again roam Georgia's forests.

This year a motion picture and a new book are being prepared for farmers, hunters and conservation rangers on the management of our State Game Bird, the Bobwhite Quail.

Three departments deserve special attention because they are so sensitive, controversial and difficult to administer.

The Department of Administrative Services has an outstanding record in managing State funds and is making substantial progress in purchasing, printing, electronic data processing, transportation and space management.

Compared to five years ago, the portion of available State money which is invested and earning interest has been doubled; and with the money market almost the same, income on these funds has tripled, now amounting to more than $17 million per year. The increased earnings are enough to finance three of our smaller departments.

We are producing more printing of all kinds for more agencies at a lower cost and with a 28% reduction in printing personnel.

Contract purchasing is saving money and paper work for both local governments and school systems, as well as State government.

A computerized inventory control system now keeps track of the State's personal property for the first time in history.

The Reorganization study recommended a seven-year program for the consolidation of electronic data processing equipment, which formerly existed separately in almost every major department. We have almost completed this effort in less than 2 years instead of 7 years. Demand for these services has grown by leaps and bounds, and we now have more than 5,000 different computer programs. I must admit that scheduling of service has sometimes been too optimistic and delivery of service too slow. This is a problem which I recognize, and I have now become personally involved in its solution.

Because of many well-known reasons, Georgia is doing a better job of arresting and convicting criminals. However, probation services are still not adequate, so the prison population has grown.

Many inmates have psychological problems and are alcoholics or drug addicts. They are mostly young and uneducated. They have no legitimate job skill. About a third are mentally retarded.

The Department of Offender Rehabilitation has a difficult challenge. In spite of some highly vocal and well-publicized criticism, substantial progress is being made.

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In 1971, for instance, we had almost no wardens who were college graduates. Now more than half of these top administrators have a bachelor's or a master's degree, and several more hold a doctorate. In the last three years, the number of institutional counselors has quad rupled, teachers more than doubled and other professionals tripled in number.

Early release and work release programs are encouraging prisoners to perform better and learn quicker.

These are long-range programs, but we can already see the results.

For the first time in years, the officers and not the inmates, are running the prison at Reidsville.

Just a few short years ago, our recidivism rate was the highest in the nation, but in 1972 and 1973 the number of ex-offenders who returned to prison after their release was less than 3% a year.

Georgia's prison system is rapidly becoming a source of pride instead of shame.
Our new and expanded Pardons and Parole Board is now establish ing a reputation for complete independence and integrity. Its members deserve our gratitude and support.

And now my favorite, the Department of Human Resources, the most difficult and complicated of all, and the one in which I am most interested and most proud. The procedure by which the Service Area Network of this Department was established has been criticized, and I regret very much the recent misunderstanding with some members of the Legislature.

Before this Network was established, however, we had 8 or 9 major, separate operations. There were 34 mental health catchment areas and 13 physical health areas. There were separate and different area networks for vocational rehabilitation, juvenile offenders, welfare programs and others.

These many different area networks were simply combined into one Network with 23 standard areas. Top administration was moved out of Atlanta into the field to work closer to the people being served. To change back to that old complicated arrangement would destroy the effective management of the Department.

What has the Department done?

Well, we had no State drug treatment program 3 years ago. Now we have 39 treatment centers caring for more than 3,500 drug addicts in 1973.
Of course, our worse drug problem is alcoholism. We have about 8,000 heroin addicts in Georgia. We have approximately 150,000 alcohol

MONDAY, JANUARY 14, 1974

41

addicts. Because of your help in removing past legal obstacles, we are making some late progress in treating alcoholics. In the last 12 months we have increased the number of community clinics from 15 to 34, now treating more than 10,000 alcoholics per year.

Our Department of Human Resources has initiated aggressive new programs to eliminate welfare cheaters and to get people off the welfare rolls and onto the payrolls. As the rapid changes in federal regulations have slowed somewhat, the annual growth in welfare recipients has been cut from an all time high of over 40% just five years ago to less than 8% last year -- and we hope for an additional reduction during this fiscal year.

During 1973 we expanded our WIN Program from 21 counties into all 159. This program trains welfare recipients to work for their own living.

Sickle cell anemia tests have jumped from zero to 9,000 to 70,000 in just 2 years.

Syphilis cases reported were down 8% last year, the first decrease since 1968.

Our new testing program begun last fiscal year for latent gonorrhea revealed almost 8,000 positive results out of 121,000 females who were tested.

We have shifted from a policy of institutional incarceration of mental patients to one of local community treatment. Although we are now treating 56% more mental patients, the number of resident hospital patients during the last three years has decreased by about 2,000 or 30%. We have slashed in half the length of hospital stay for the average patient, which in 1970 was 629 days. Several of our regional mental hospitals have now reduced this necessary treatment period to less than 60 days.

Just for illustration, let us transform some of these perhaps dry statistics into human terms. There is an older community center in Irwin County which is now serving a group of afflicted children. This week end my wife, Rosalynn, drove to Ocilla to participate in the Special Olympics there.

One teenage girl who had spent her lifetime in a wheelchair has recently become an excellent swimmer.

A three-year old child whose parents are both deaf-mutes, and who was always thought to have the same affliction has now begun to talk.

A "child", who was 70 years old, has not missed a day since the center opened. He has a new life, and stirred the crowd as he sang beautifully the great hymn, "How Great Thou Art".

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Although there is adequate room for only 38 students or patients, 61 are now housed in three old buildings, including a mobile home and a Girl Scout hut. They and 6,000 others like them all over Georgia have new hope.

Under the guidance of medical doctors, psychiatrists and nurses, they are trained and taught by hundreds of eager Department workers and volunteers at less than one-third the cost of institutional care. We now have 124 different community centers like this, 68 of which were opened in the last 18 months.

We have not invested our money in new buildings, but in new hopes, new dreams and new lives. You all can be proud of the results of those investments.

In spite of this progress, we public officials suffer from a lack of public trust.

How can we be considered truthful? Simply by telling the whole truth.

How can the people know the facts about government? We can strip away the veils of secrecy.

How can excessive influence of special interests be reduced? By revealing our relationship with them.

How can campaign abuses be eliminated? By clear legal restraints and complete public reporting.

In other words, the best way to restore our credibility is to be credible.

The Attorney General and others have prepared fair but strong and enforceable ethics legislation. We must pass it into law.

The influence of lobbyists is too great in our State Government. I belong to the Southern Peanut Warehousemen's Association. It was designed and is organized to work for the best interests of warehouse men and not for individual farmers who trade at the warehouse.

Teachers' organizations speak primarily for teachers and not for students.

The Medical Association primarily speaks for doctors and not for patients.

The State Chamber of Commerce for its own business members and not the customers.

There is certainly nothing illegal or improper about this, but we as State officials must remember always that we are often the only spokes-

MONDAY, JANUARY 14, 1974

43

man and representative of the home owner, the medical patient, the school child, the legal client, the purchaser of goods and the borrower of money.

Powerful and effective lobbyists have one of our ears. Our other ear must be constantly turned to our non-influential constituents who speak with a quiet and sometimes distant voice, but who watch us with an understanding eye.

For two years now, competent legislative committees have been working hard to develop consumer protection, fair trade and no-fault insurance proposals. Now we need to. complete our work as Alabama, Florida, South Carolina, and Tennessee have already done. Our State has become the dumping ground for shysters and con artists who prey on unsuspecting Georgians, and at the same time, cheat their honest busi ness competitors. We must be very careful that laws are not passed under a false label. We must insure that they are truly designed to help Georgia consumers and motorists and honest businessmen.

No description of the State of our State would be complete without a discussion of the drug problem. I have already told you about the increasingly effective job our law enforcement officers are doing in apprehending those who deal in these destructive substances. But all too often, months of dangerous and expensive police work are wasted in a few minutes when a known pusher is permitted, by weak laws or technicalities, to return to the streets to sell more dope.

I want to see our drug laws clarified and strengthened to ensure that the legal risks of trafficking in drugs exceeds the profits in them.

Almost anyone with a drug problem can now get help. There is no longer any need to sell drugs to feed an uncontrollable and addictive habit. The only reason for pushing dope now is a fat profit coupled with delayed and uncertain conviction and weak penalties.

We need clear legal definitions of dangerous substances and laws which require suitable punishment for drug violations, including a mandatory life sentence for repeated pushers of hard and addictive drugs.

A moderate and a standard bill to establish emergency powers to deal with unforeseen energy crises will be proposed to you. I shall report more fully on the subject of energy in my Budget Message on Thursday.

Early action began last April to conserve energy, to anticipate the effect of the shortage on our FY 1975 budget, and to promote, within our limited authority, more equitable allocation of certain scarce fuels. With your support, these efforts will minimize the adverse impact of the energy problem on our people.

Because of my personal background, I have a particular interest in detailed business management. However, I see very clearly that the

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essence of government is not administrative competence, but service to the people.

Government must have a heart. But it must also be a pure heart.

The quality of leadership can be measured by our willingness to sacrifice personal profit.

Those few among us who use the authority and publicity of public office to enrich themselves financially deserve nothing but contempt.

Make no mistake, they are an abiding threat to our own reputations as individuals and to the future of our democratic form of government.

Our people are concerned about the quality of government, and they are right.

Legitimate and persistent demands for fairness and for strict ac countability are being made by many voices which were formerly silent.

Standards of honesty and performance are being rapidly elevated.

These changes in the relationship between our people and their government are both inevitable and beneficial. We must respond to them, not with reluctance and timidity, but with courage and enthusiasm.

In closing, I commend to you the words of a great hymn -- as my prayer and your prayer for the coming days.

"God of Grace and God of Glory, Grant us wisdom, Grant us courage, That we fail not man nor Thee."

Our accomplishments have been adequate in the past. The future demands that at least we match the greatness of our Georgia people.

Senator Holley of the 22nd 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 9:30 o'clock A.M. tomorrow.

TUESDAY, JANUARY 15, 1974

45

Senate Chamber, Atlanta, Georgia Tuesday, January 15, 1974

The Senate met pursuant to adjournment at 9:30 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.

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

SB 426. By Senators Rowan of the 8th and Button of the 9th:
A bill to amend Code Title 34, the "Georgia Election Code", as amended, so as to add a new Code Chapter relating to political campaign finance; to provide for other matters relative to the foregoing.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SB 427. By Senator Thompson of the 32nd:
A bill to amend Code Section 84-916, as amended, so as to provide that after a license to practice medicine has been suspended or revoked as a result of the holder thereof being convicted of a certain crime, such license shall not be reinstated by the Board of Medical Examiners.
Referred to Committee on Health and Welfare.

SB 428. By Senator Thompson of the 32nd:
A bill to amend Code Title 79A, as amended, so as to provide that it shall be unlawful for any person to possess a hypodermic syringe or needle or any other instrument adapted for the use of administering habitforming drugs unless such possession has been obtained upon a valid written prescription.
Referred to Committee on Health and Welfare.

SB 429. By Senator Thompson of the 32nd:
A bill to amend Code Section 79A-9915, so as to change the penalty provisions relating to possession of marijuana.
Referred to Committee on Special Judiciary.

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SB 430. By Senator Thompson of the 32nd:
A bill to amend the "Uniform Act Regulating Traffic on Highways", as amended, so as to authorize, at the discretion of local authorities, the operation of certain motor vehicles and motorcycles in parades although such motor vehicles, motorcycles, and their operators and passengers do not meet the necessary requirements of Georgia law.
Referred to Committee on Highways.

SB 431. By Senator Thompson of the 32nd:
A hill to amend Code Chapter 79A-99, as amended, so as to change the provisions relating to violations of the Uniform Narcotic Drug Act.
Referred to Committee on Special Judiciary.
SB 432. By Senator Dean of the 6th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relative to game and fish, as amended, so as to provide that all rules and regulations issued by the State Board of Natural Resources shall be promulgated in accordance with the Georgia Administrative Procedure Act.
Referred to Committee on Natural Resources and Environmental Quality.

SB 433. By Senator Dean of the 6th:
A bill to prohibit the transfer or reproduction of certain recordings without consent of the owner; to prohibit any manufacture, distribution or wholesale of articles with the knowledge, that the sounds are transfer red without consent of the owner; to provide for exceptions; to provide for definitions; to prohibit the sale of certain recorded devices; to provide for penalties.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 434. By Senator Dean of the 6th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to exempt from the taxes imposed by said Act the sale or use of the State and National flags; to provide an effective date.
Referred to Committee on Banking and Finance.

SB 435. By Senator Dean of the 6th:
A bill to amend Code Section 74-9902, relating to abandonment of minor children, as amended, so as to change the penalty for abandonment of minor children.
Referred to Committee on Special Judiciary.

TUESDAY, JANUARY 15, 1974

47

SB 436. By Senator Dean of the 6th:
A bill to amend Code Title 56, relating to the regulation of the insurance industry, as amended, so as to require certain reports and rebates by vehicle insurers; to provide for a declaration of policy; to provide pro cedures connected with such accounts and rebates; to provide for rules and regulations; to provide for the termination of the provisions contained herein.
Referred to Committee on Banking and Finance.

SB 437. By Senator Smalley of the 28th:
A bill to provide for substitution of certain notes and securities for amounts retained by the State, any political subdivision, or any municipality from partial payments made under the terms of a construction contract; to provide appropriate procedures; to authorize agreement for custodial care and servicing; to provide for disposition of accrued interest.
Referred to Committee on Industry and Labor.

SB 438. By Senator Smalley of the 28th:
A bill to amend an Act providing home rule for municipalities, as amended, so as to require publication of notice of change of salary of members of municipal legislative bodies; to delete any requirement of such notice upon change of salary of municipal employees other than members of municipal legislative bodies.
Referred to Committee on County and Urban Affairs.

SB 439. By Senator Brown of the 47th:
A bill to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety concerning the ability to sustain shock, so as to change the definition of the term "private passenger automobile"; to provide an effective date.
Referred to Committee on Highways.

SB 440. By Senator Bell of the 5th:
A bill to prohibit municipal or county governments from requiring em ployees to be residents of the municipality or county.
Referred to Committee on County and Urban Affairs.

SB 441. By Senator Holloway of the 12th:
A bill to require the recording of the Ayes and Nays upon each and every vote taken by each House of the General Assembly on any bill or

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resolution fixing the compensation of any official, except county and municipal officials.
Referred to Committee on Rules.

SB 442, By Senator Holloway of the 12th:
A bill to require all commercial and business activities to close during one 24-hour period during any calendar week; to provide penalties; to provide the procedures connected therewith.
Referred to Committee on Industry and Labor.

SB 443. By Senator Johnson of the 38th:
A bill to amend an Act comprehensively revising appellate and other post trial procedure, as amended, so as to provide for interlocutory appeals upon petition to the Supreme Court or Court of Appeals; to prescribe the procedure for such appeals; to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pre-trial, trial and certain post trial procedure in civil cases, known as the "Georgia Civil Practice Act", as amended.
Referred to Committee on Judiciary.

SB 444. By Senator Johnson of the 38th:
A bill to define and regulate the profession of court reporting; to require a certificate of proficiency for each court reporter practicing in the State of Georgia; to create a State Board of Court Reporting and define its powers; to prescribe examination, certification and regulation of such court reporters; to waive examination under specified conditions.
Referred to Committee on Judiciary.

SB 445. By Senator Salter of the 17th:
A bill to provide for the election of members of the Board of Education of Upson County; to provide that the Board of Education of Upson County shall consist of seven members; to provide for education districts; to provide for initial and regular terms of office of members; to provide for the election of officers; to provide for the filling of vacancies; to provide for the compensation of the members of the Board.
Referred to Committee on County and Urban Affairs.
SB 446. By Senator Duncan of the 30th:
A bill to amend an Act creating a Retirement System for Teachers, as amended, so as to provide additional circumstances under which members of the System may establish prior service credit.
Referred to Committee on Retirement.

TUESDAY, JANUARY 15, 1974

49

SB 447. By Senator Duncan of the 30th:
, A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to allow a member to retire after 30 years or more of creditable service without reduction in service allowance for retirement before the age of 62; to provide for increased total allowance for members with 31 to 35 years of creditable service or more.
Referred to Committee on Retirement.

SB 448. By Senators Reynolds of the 48th and Holloway of the 12th:
A bill to amend the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that the maximum speed limit upon any street or highway in this State shall not exceed 55 miles per hour; to provide an effective date.
Referred to Committee on Highways.
SB 449. By Senator Kidd of the 25th:
A bill to amend Code Section 79A-9917, relating to penalties for violat ing certain criminal provisions of Title 79A of the Georgia Code, relating to pharmacists, pharmacy and drugs, as amended, so as to define the term "marijuana"; to provide an effective date.
Referred to Committee on Health and Welfare.

SB 450. By Senator Kidd of the 25th:
A bill to require certain reflective materials upon certain bicycles; to provide penalties; to repeal certain specific provisions of conflicting laws.
Referred to Committee on Public Utilities and Transportation.

SB 451. By Senator Kidd of the 25th:
A bill to amend an Act providing for sick leave for teachers in the public schools in this State, as amended, so as to allow additional accumulative sick leave; to place a limitation upon the amount which may be paid to substitute teachers; to place limitations upon the amount of compensation which may be deducted from absent teachers; compensation; to provide procedures connected therewith.
Referred to Committee on Elementary and Secondary Education.

SB 452. By Senator Kidd of the 25th:
A bill to prohibit the transfer or reproduction of certain recordings with out consent of the owner; to prohibit any manufacture, distribution or wholesale of articles with the knowledge that the sounds are transferred without consent of the owner; to provide for exceptions; to provide for

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definitions; to prohibit the sale of certain recorded devices; to provide for penalties.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 453. By Senators Howard of the 42nd and Ballard of the 45th: A bill to provide for service by a judge emeritus of the superior court as a State court judge in a county within his judicial circuit or an adjoining judicial circuit; to require a request by a judge of the State court for such service on the part of a judge emeritus of the superior court.
Referred to Committee on Special Judiciary.
SB 454. By Senators Holloway of the 12th and Webb of the llth: A bill to be known as the "1974 Public Disclosure Act".
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 455. By Senator Thompson of the 32nd:
A bill to amend an Act creating a Department of Public Safety for Georgia, as amended, so as to provide that in certain counties officers of the Department of Public Safety may render assistance to local authorities upon request of the chief officer of the county police force; to provide an effective date.
Referred to Committee on Highways.
SB 456. By Senator Broun of the 46th:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to provide that the Board shall notify the sentencing judge and the district attorney of the county where a prisoner was sentenced if a decision of the Board is made to release any prisoner who has failed to serve at least one-third of his sentence.
Referred to Committee on Special Judiciary.
SB 457. By Senator Broun of the 46th:
A bill to amend Code Section 27-2511, relating to the punishment upon conviction of a second or subsequent criminal offense and service of sentences by fourth offenders, as amended, so as to provide that any person who, after having been convicted two times under the laws of this State of felonies, commits a felony within this State must be sentenced to life imprisonment and shall serve such sentence of life imprisonment without becoming eligible for parole.
Referred to Committee on Judiciary.

TUESDAY, JANUARY 15, 1974

51

SB 458. By Senator Broun of the 46th:
A bill to amend Code Chapter 27-9, relating to bail, as amended, so as to provide when a person convicted of a felony may be bailed pending appeal.
Referred to Committee on Judiciary.

SB 459. By Senator Broun of the 46th:
A bill to amend an Act known as the "Georgia Firearms and Weapons Act", so as to define the term "shotgun"; to change the definition of the term "sawed-off shotgun"; to provide an effective date.
Referred to Committee on Judiciary.

SB 460. By Senator Dean of the 6th:
A bill to require advance notice of all public meetings conducted by the governing authority of each county or municipality in this State and by any commission, board, or committee appointed by the chief executive officer or governing authority of the county or municipality; to provide the procedure connected therewith.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 461. By Senator Dean of the 6th:
A bill to amend an Act known as the "Georgia Pood Act", as amended, so as to prohibit the labeling of a product as honey unless produced by bees; to prohibit the labeling of a product as imitation honey; to provide a penalty.
Referred to Committee on Agriculture.

SB 462. By Senator Dean of the 6th:
A bill to amend Code Section 93-307.1, relating to procedures for utility rate changes, so as to provide that no change in any rate, charge, classi fication or service shall take effect unless the Public Service Commission has previously authorized or approved the same; to provide an effective date.
Referred to Committee on Public Utilities and Transportation.

SB 463. By Senator Dean of the 6th:
A bill to amend Code Chapter 92-3, relating to the Public Service Com mission, as amended, so as to require certain types of notices prior to hearings; to require notice of the filing of any new schedule or of any petition or request to change any rate, charge, classification, or service.
Referred to Committee on Public Utilities and Transportation.

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SB 464. By Senator Dean of the 6th:
A bill to provide for the acquisition, construction, and maintenance of bicycle trails; to authorize the Department of Natural Resources to enter into agreements with counties and municipalities; to provide for funding.
Referred to Committee on Natural Resources and Environmental Quality.

SR 246. By Senator Thompson of the 32nd:
A resolution proposing an amendment to the Constitution, so as to provide that a person sentenced to life imprisonment shall not be eligible for reprieve, pardon or parole, or commutation of penalty until he has served twenty-five years of his sentence; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Special Judiciary.

SR 250. By Senator Dean of the 6th:
A resolution authorizing the conveyance of certain real property located in Wayne County, Georgia.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SR 252. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to change the procedure for presenting Bills and Resolutions to the Governor and the procedure for considering certain Bills and Resolutions not approved by the Governor; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SR 254. 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 conduct of lotteries; to provide for the submission of this amendment for ratifica tion or rejection.
Referred to Committee on Appropriations.

SR 255. By Senator Johnson of the 38th:
A resolution proposing an amendment to the Constitution, so as to authorize the governing authority of the City of Atlanta to conduct

TUESDAY, JANUARY 15, 1974

53

lotteries in the City of Atlanta; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

SR 256. By Senator Johnson of the 38th:
A resolution proposing an amendment to the Constitution, so as to authorize the governing authority of Fulton County to provide for the regulation of horse and dog racing and pari-mutuel wagering and offtrack betting thereon, in Fulton County; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

SR 257. By Senator Dean of the 6th: A resolution to amend the Rules of the Senate.
Referred to Committee on Rules.

SR 258. By Senator Dean of the 6th: A resolution creating the Alcoholic Beverage Laws Study Committee.
Referred to Committee on Rules.

The following standing committee report was read by the Secretary:

Senator Johnson of the 38th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 90. Do pass by substitute. HB 4. Do pass. HB 763. Do not pass.
Respectfully submitted, Johnson of 38th District, Chairman.

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Senator Holley of the 22nd asked unanimous consent that the call of the roll be dispensed with, and the consent was granted.

Senator Holley of the 22nd introduced as Chaplain The Rev. James Durwood Walker of North Augusta, South Carolina, who offered scripture reading and prayer.

The following communications were read by the Secretary:
OFFICE OF LIEUTENANT GOVERNOR 418 State Capitol Atlanta
January 14,1974
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334

Dear Mr. Secretary:

The enclosed letter addressed to me from The Honorable Frank Coggin, Chairman of the Senate Appropriations Committee, is selfexplanatory. I am, therefore, appointing Senator Jack Henderson from the 33rd District as a member of the Senate Appropriations Committee. I would appreciate your making this a part of your official records.

Thanking you for your assistance in this matter, I am

LM/jg
cc: Honorable Gary Bond Honorable Ben Fortson, Jr. Honorable Frank Edwards Senate Information Office

Sincerely, /s/ Lester Maddox

Enclosure

THE STATE SENATE Atlanta

January 14,1974

Honorable Lester Maddox Lt. Governor State Capitol Atlanta, Georgia

Dear Mr. President:

The Senate Appropriations Committee has met on the 14th day of January, 1974, and, by a majority vote as shown in the minutes of this

TUESDAY, JANUARY 15, 1974

55

day, request that Senator Henderson of the 33rd district be appointed as a member of the Committee.

With best wishes, I am

Sincerely,
/s/ Frank Coggin, Chairman Senate Appropriations Committee

OFFICE OF LIEUTENANT GOVERNOR Atlanta
January 15, 1974
The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. Secretary:
The enclosed letter addressed to me from The Honorable Edward H. Zipperer, Chairman of the Senate University System Committee, is self-explanatory. I am, therefore, removing Senator James L. Lester of the 23rd district from the Special Judiciary Committee and appointing him to serve as a member of the Senate University System Committee. I would appreciate your making this change a part of your official records.
Thanking you for your assistance in this matter, I am
Sincerely, /s/ Lester Maddox
LM/jg
Enclosure cc: Honorable Gary Bond
Honorable Ben W. Fortson, Jr. Honorable Frank Edwards Senate Information Office Honorable James Lester

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JOURNAL OF THE SENATE,

THE STATE SENATE Atlanta

January 14, 1974

Honorable Lester Maddox Lt. Governor State Capitol Atlanta, Georgia 30334

Dear Mr. President:

The Senate University System of Georgia Committee met on this the 14th day of January, 1974, and did by motion unanimously adopted request that you place Senator James L. Lester of the 23rd district on this Committee.

With best wishes, I am

Sincerely,
/s/ Edward H. Zipperer, Chairman University System of Ga. Committee

EHZ:ae

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

HB 257. By Messrs. Ware of the 65th, Wood of the 9th, Wall of the 61st and others:
A bill to amend an Act providing immunity from civil liability to the owners of property who gratuitously permit any civil defense agency, hoard or other authority to utilize said property as a shelter, so as to provide said immunity to persons furnishing shelter during an actual or practice emergency attack.

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

On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, JANUARY 15, 1974

57

HB 506. By Mr. Harrington of the 93rd:
A bill to provide that the parents may voluntarily consent to the adop tion of their child.

The report 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 891. By Messrs. Nix of the 20th, Hays and Snow of the 1st and others:
A bill to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, so as to provide that a replacement license plate or revalidation sticker, rather than a duplicate license plate or revalidation sticker, will be issued when the original has been lost, defaced, or destroyed.

The report 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 70. By Messrs. Brown, Dickey, Berlin and Evans of the 89th:
A bill to amend Code Title 24, relating to courts, so as to change certain provisions requiring ordinaries, clerks of the superior courts and sheriffs of each county to procure and preserve certain newspapers in which advertisements appear.

The Senate Committee on Judiciary offered the following substitute to HB 70:
A BILL
To be entitled an Act to amend Code Title 24, relating to courts, as amended, so as to change certain provisions requiring ordinaries, clerks of the superior courts, and sheriffs of each county to procure and pre serve certain newspapers in which advertisements appear; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Title 24, relating to courts, as amended, is hereby amended by striking paragraph 9 of Code Section 24-1804, relating to the duties of the clerk of ordinary or the ordinary acting as such, as amended, in its entirety and inserting in lieu thereof a new paragraph 9, to read as follows:

"9. To procure and preserve, for public inspection, a complete file of all newspaper issues in which their advertisements actually appear. The issues of such newspapers so preserved shall be bound, microfilmed, photostated or photographed, and such newspapers, microfilm, photographs or photostatic copies shall be maintained within the county courthouse for a period of not less than 50 years, after which time such newspapers, microfilm, photographs or other photostatic copies may be donated to a library or historical society, with the concurrence of the Director of the Department of Archives and History, in the discretion of the ordinary. The ordinary is hereby authorized to enter into an agreement with either the clerk of the superior court or the sheriff of the county, or both, relative to the binding, retention, microfilming, photographing or photostat ing of such newspapers and their preservation and retention, in which event it shall be necessary that only one set of newspapers, or copies thereof, shall be retained in the county courthouse. Such set of newspapers, or copies thereof, shall include copies of the newspaper issues in which the ordinary's advertisements appear and the newspaper issues in which the advertisements which the clerk of the superior court or sheriff, or both, are required to pre serve and retain appear. Such agreement shall specify the person who shall maintain and preserve such newspapers, microfilm, photographs or photostatic copies."

Section 2. Said Code Title is further amended by striking para graph 11 of Code Section 24-2715, relating to additional duties of clerks of superior courts, as amended, in its entirety and inserting in lieu thereof a new paragraph 11, to read as follows:

"11. To procure and preserve, for public inspection, a complete file of all newspaper issues in which their advertisements actually appear. The issues of such newspapers so preserved shall be bound, microfilmed, photostated or photographed, and such newspapers, microfilm, photographs or photostatic copies shall be maintained within the county courthouse for a period of not less than 50 years, after which time such newspapers, microfilm, photographs or other photostatic copies may be destroyed, at the discretion of the clerk of the superior court. The clerk of the superior court is hereby authorized to enter into an agreement with either the ordinary or the sheriff of the county, or both, relative to the binding, retention, microfilming, photographing or photostating of such newspapers and their preservation and retention, in which event it shall be necessary that only one set of newspapers, or copies thereof, shall be retained in the county courthouse. Such set of newspapers, or copies thereof, shall include copies of the newspaper issues in which the clerk's advertisements appear and the newspaper issues in

TUESDAY, JANUARY 15, 1974

59

which the advertisements which the ordinary or sheriff, or both, are required to preserve and retain appear. Such agreement shall specify the person who shall maintain and preserve such news papers, microfilm, photographs or photostatic copies."

Section 3. Code Section 24-2813, relating to duties of sheriffs, is hereby amended by adding at the end of paragraph 3 of said Section the following:

"The sheriff of each county is hereby authorized to enter into agreements with the ordinary or the clerk of the superior court of the county, or both, relative to the retention of newspapers, or copies thereof.",

so that when so amended, paragraph 3 of Code Section 24-2813 shall read as follows :

"3. To publish sales, citations, and other proceedings as re quired by law, and to keep a file of all newspapers in which their official advertisements appear, in the manner required of clerks of the superior courts. The sheriff of each county is hereby authorized to enter into agreements with the ordinary or the clerk of the supe rior court of the county, or both, relative to the retention of news papers, or copies thereof."

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 42, 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, a roll call was ordered by the President and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox

Dean Doss Fincher Garrard Gillis Hamilton Henderson Herndon Hill

Holley Holloway Howard Hudgins Johnson Kennedy Langford Lester London

60
McDuffie McGiill Moore Overby Reynolds Riley Rowan Skene

JOURNAL OF THE SENATE,

Smalley Smith Starr Stephens Summers Sutton Thompson

Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Salter.

Those not voting were Senators:

Ballard Duncan

Eldridge Jackson

Kidd Parker

On the passage of the bill, the ayes were 49, nays 1.

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

The following communication was read by the Secretary:

SECRETARY OF STATE State Capitol Atlanta

January 15, 1974

Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334

Dear Mr. McWhorter:

I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearance as of January 14, 1974, being numbers 76 through 108, in accordance with Act No. 1294, (HB 1210), Georgia Laws 1970.

With best wishes, I am Enclosure

Sincerely your friend,
/s/ Ben W. Fortson, Jr. Secretary of State

TUESDAY, JANUARY 15, 1974

61

STATE OP GEORGIA

OFFICE OF SECRETARY OF STATE

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the two pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 76 through 108), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1974 Session of the Georgia General Assembly as of Monday, January 14, 1974, in accordance with Act No. 1294, Georgia Laws 1970.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 15th day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-four and of the Independence of the United States of America the One Hundred and Ninety-eighth.

Is/ Ben W. Fortson, Jr. Secretary of State.

76. Ralph H. Witt City of Atlanta 2614 First Natl. Bank Tower Atlanta, Georgia 30303
77. Don Rooks Georgia School Boards Assn. Sheraton Biltmore, Mezzanine 817 West Peachtree Street Atlanta, Georgia 30383
78. R. B. Symonette Geprgia Power Co. P. O. Box 4545 Atlanta, Georgia 30302
79. John A. Roberts Georgia Power Co. P. O. Box 4545 Atlanta, Georgia 30302
80. Mrs. Merlyn E. Richardson Church Women United of Georgia 755 Park Lane Decatur, Georgia 30033
81. Virginia Stringer League of Women Voters 3166 Maple Drive, N. E. Suite 225 Atlanta, Georgia 30305

82. George C. Spence Georgia Osteopathic Medical Assn. 67 Huntington Road, N. E. Atlanta, Georgia 30309
83. R. B. Edwards United Transportation Union 1653 Downing Circle Macon, Georgia 31206
84. E. C. Mitcham, Jr. Georgia Ass. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30032
85. Harold Joiner Georgia Forestry Association 1204 Carnegie Building Atlanta, Georgia 30303
86. Charles Skinner Georgia Motor Trucking Assn. 500 Piedmont Avenue, N. E. Atlanta, Georgia 30308
87. James D. King, Jr. Atlanta Chamber of Commerce 1300 Commerce Building Atlanta,'Georgia 30303

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88. Hershel W. Farmer Seaboard Coast Line R. R. Co. 1800 First National Bank Tower Atlanta, Georgia 30303
89. Eric Holmes. Petroleum Council of Georgia 161 Peachtree Street, N. E. Atlanta, Georgia 30303
90. Jim Groome Mead Corporation P. O. Box 4417 Atlanta, Georgia 30302
91. Ed W. Hiles Georgia Savings & Loan League 1616 William Oliver Building Atlanta, Georgia 30303
92. Ina Evans Democratic Women of DeKalb 1020 Bouldercrest Drive, S. E. Atlanta, Georgia 30316
93. Dorothy P. Spence Georgia Assn., A. I. A. 230 Peachtree Street, N. E. Suite 2525 Atlanta, Georgia 30303
94. John N. Booth Southern Bell Telephone Co. 125 Perimeter Center West Atlanta, Georgia 30346
95. L. A. Wood, Jr. Southern Bell Telephone Co. 125 Perimeter Center West Atlanta, Georgia 30346
96. Hubert L. Harris, Jr. Citizens & Southern National Bank 99 Annex Atlanta, Georgia 30399
97. Jack W. Partridge, Jr. General Telephone Co. of the Southeast P. O. Box 809 Moultrie, Georgia 31768
98. John B. Johnstone General Telephone Company of the Southeast P. O. Box 249 Dalton, Georgia 30720

99. Kay McKenzie S. A. V. E. 2930 Habersham Road, N. W. Atlanta, Georgia 30305
100. Barbara Blum S. A. V. E. 205 River North Drive, N. W. Atlanta, Georgia 30328
101. Stuart Galishoff Common Cause 1700 Golden Gate Drive, N. W. Atlanta, Georgia 30309
102. Thomas C. Watson Independent Bankers Association of Georgia 350 East Paces Ferry Road, N.E. Atlanta, Georgia 30305
103. W. F. Jackson Brotherhood of Maintenance of Way Route 4 Forsyth, Georgia 31029
104. Dotsie Holmes League of Women Voters 346 Pinetree Drive, N. E. Atlanta, Georgia 30305
105. Robert Dokson Registered Agent Emmaus House Poverty Rights Office 153 Pryor Street, S. W. Atlanta, Georgia 30303
106. Margaret E. Cone Common Cause 3245 D Buford Highway, N. E. Atlanta, Georgia 30329
107. George B. Hooks Georgia Association of Independent Insurance Agents 1252 West Peachtree St., N. W. Atlanta, Georgia 30309
108. John P. Stevens First National Bank P. O. Box 4148 Atlanta, Georgia 30302

TUESDAY, JANUARY 15, 1974

63

Senator Fincher of the 54th introduced as Doctor of the Day, Dr. Bill McDaniel.

The following general bill and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 455. By Messrs. Bennett, Reaves and Patten of the 124th:
A bill to provide for the licensing of transient merchants; to provide for the procedures therefor.

Senator Smith of the 34th offered the following amendment:
Amend HB 455 by renumbering Sections 9 and 10 on Page 3 as Sections 10 and 11, respectively, and inserting a new Section 9 to read as follows:
"Section 9. The provisions of this Act shall not prohibit any municipal corporation in this State from requiring a business license and fee from transient merchants transacting business within the municipality, and where a municipal corporation re quires such a business license and fee from transient merchants, the provisions of this Act shall not apply to such transient merchants transacting business within the corporate limits of such municipality."

Senator Coggin of the 35th moved that HB 455 and all amendments be post poned until. Thursday, January 17, 1974.

On the motion, the ayes were 47, nays 0; the motion prevailed, and HB 455 and all amendments were postponed until January 17, 1974.

HR 147. By Messrs. Hill of the 41st and Smith of the 42nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of College Park who are under the age of 65 in an amount of two thousand dollars ($2,000.00) ; to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of College Park who are 65 years of age or older with an annual income of four thousand dollars ($4,000.00) or less, exclusive of Social Security benefits, in an amount of four thousand dollars

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($4,000.00) ; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

"A homestead of each resident under the age of 65 of the City of College Park actually occupied by the owner as a resident and home stead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from City ad valorem taxes, except taxes levied by said City of the payment of interest on and retire ment of bonded indebtedness, in an amount of two thousand dollars ($2,000.00) of its value.

A homestead of each resident 65 years of age or older with an annual income of four thousand dollars ($4,000.00) or less, exclu sive of Social Security benefits, of the City of College Park actually occupied by the owner primarily as such, is hereby exempted from all City ad valorem taxes, except taxes levied by said City for the payment of interest and retirement of bonded indebtedness, in an amount of four thousand dollars ($4,000.00) of its value."

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 homestead exemption for resident homeowners of the City of College Park in an amount of two
( ) NO thousand dollars ($2,000.00) for resident homeowners under the age of 65 and in an amount of four thousand dollars ($4,000.00) for resident homeowners 65 years of age or older?"

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 Senate Committee on Banking and Finance offered the following sub stitute to HR 147:

TUESDAY, JANUARY 15, 1974

65

A RESOLUTION

Proposing an amendment to the Constitution so as to provide a home stead exemption from City ad valorem taxation to resident homeowners in the City of College Park who are under the age of 65 in an amount of two thousand dollars ($2,000.00); to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of College Park who are totally disabled or are 65 years of age or older, in an amount of four thousand dollars ($4,000.00); 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 Constitution is hereby amended by adding at the end thereof the following:

"A homestead of each resident under the age of 65 of the City of College Park actually occupied by the owner as a resident and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from City ad valorem taxes, except taxes levied by said City for the payment of interest on and retirement of bonded indebtedness, in an amount of two thousand dollars ($2,000.00) of its value.

A homestead of each resident who is totally disabled or is 65 years of age or older, of the City of College Park actually occupied by the owner primarily as such, is hereby exempted from all City ad valorem taxes, except taxes levied by said City for the payment of interest and retirement of bonded indebtedness, in an amount of four thousand dollars ($4,000.00) of its 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 folowing:

"( ) YES Shall the Constitution be amended so as to provide for homestead exemption for resident homeowners
( ) NO of the City of College Park in an amount of two thousand dollars ($2,000.00) for resident homeowners under the age of 65 and in an amount of four thousand dollars ($4,000.00) for resident homeowners who are totally disabled or are 65 years of age or older?"

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.

On the adoption of the substitute, the ayes were 34, nays 1, and the committee 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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th
Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith
Starr Stephens Summers Thompson Ty singer Ward Warren Wasden Webb
Young Zipperer

Voting in the negative was Senator Sutton.

Not voting was Senator Moore.

On the adoption of the resolution, the ayes were 54, nays I.

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

TUESDAY, JANUARY 15, 1974

67

Senator Coggin of the 35th moved that the following bill of the House be recommitted to the Committee on Appropriations:

HB 336. By Mr. Bostick of the 123rd:
A bill to amend certain laws relating to the appointment and the salary of the Supervisor of Purchases, so that said laws will contain no provi sion for a salary or additions to salary for the Supervisor of Purchases.

On the motion, the ayes were 43, nays 0; the motion prevailed, and HB 336 was recommitted to the Committee on Appropriations.

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 632. By Messrs. Patten of the 124th, Collins of the 122nd, Reaves of the 124th and others:
A bill to amend "The Dealers In Used Motor Vehicle Parts Registration Act", so as to provide that each application for a license shall show that the used part dealer has obtained or has applied for a Sales Tax Number Certificate.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker
Bell Broun of 46th Brown of 47th Carter
Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher

Garrard Gillis
Hamilton Herndon Hill Holley
Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester

London McDuffie
Overby Parker Reynolds Riley
Rowan Salter Skene Smalley Smith Starr Stephens Summers

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Sutton Thompson Tysinger

JOURNAL OF THE SENATE,

Ward Warren Wasden

Webb Young Zipperer

Those voting in the negative were Senators: Hudgins and McGill.

Not voting were Senators: Cleland, Henderson and Moore.

On the passage of the bill, the ayes were 51, nays 2.

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

SB 149. By Senators Reynolds of the 48th, London of the 50th, Gillis of the 20th and Broun of the 46th:
A bill to provide for reimbursing from State funds a certain amount of the reduction in revenues of a local public school system caused by a reduction in such system's property tax levy.

Senator Ballard of the 45th moved that SB 149 be recommitted to the Com mittee on Appropriations.

Senator Smalley of the 28th offered the following amendment to the motion by Senator Ballard of the 45th:
Amend the motion by substituting the Committee on Elementary and Secondary Education for the Committee on Appropriations.

On the amendment to the motion, Senator Duncan of the 30th called for the ayes and nays, and the call was sustained.

A roll call was ordered by the President and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard
Bell Carter Cleland Coverdell Eldridge

Hamilton
Herndon Holloway Howard Rowan Smalley

Starr Summers Tysinger Ward Webb

TUESDAY, JANUARY 15, 1974

69

Those voting in the negative were Senators:

Barker Broun of 46th Brown of 47th
Coggin Cox
Dean Doss
Garrard Gillis Hill Holley Hudgins

Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore
Overby Parker

Reynolds Riley Salter Skene Smith Stephens Sutton Thompson Warren Wasden Young Zipperer

Those not voting were Senators:

Duncan

Fincher

Henderson

On the amendment, the ayes were 17, nays 36; the amendment was lost.

On the motion to recommit SB 149 to the Committee on Appropriations, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Carter Cleland Coverdell Duncan

Eldridge Hamilton Herndon Holloway Howard Rowan

Smalley
Starr Summers Tysinger Ward Webb

Those voting in the negative were Senators:

Barker Broun of 46th Brown of 47th Coggin Cox Dean Doss Garrard Gillis Hill Holley Hudgins

Jackson Johnson Kennedy Kidd Langford Lester London McDuffie
McGill Moore Overby Parker

Reynolds Riley
Salter Skene Smith Stephens
Sutton Thompson Warren
Wasden Young Zipperer

Not voting were Senators: Fincher and Henderson.

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On the motion, the ayes were 18, nays 36; the motion was lost, and SB 149 was not recommitted to the Committee on Appropriations.

The Senate Committee on Appropriations offered the following amendment:
Amended SB 149 on Page 1, lines 19 and 20, by striking the words "millage rate" and inserting in lieu thereof the words "for such system".
and,
By striking Section 4 in its entirety and inserting in lieu thereof the following:
"Section 4. This Act shall become effective upon its funding by the General Assembly."

Senator Coggin of the 35th offered the following amendment: Amend the committee amendment to SB 149 by adding at the end
of Section 4 the following:
", or any portion thereof."

On the adoption of the amendment, the ayes were 43, nays 0, and the amend ment to the committee amendment was adopted.

On the adoption of the committee amendment, the ayes were 45, nays 0, and the committee amendment was adopted as amended.
Senator Garrard of the 37th offered the following amendment:
Amend SB 149 by adding to line 10, Section 1 after the word "pub lic", the words "or independent" and by adding on line 3, Page 1 after the word "public", the words "or independent" and by adding after the word "public" on line 16, Page 1, the words "or independent".

On the adoption of the amendment, the ayes were 52, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

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71

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Coggin Cox Dean Doss Eldridge Fincher Garrard Gillis Hill

Holley Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker

Reynolds Riley Salter Skene Smith Stephens Sutton Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Bell Carter Cleland Coverdell Duncan Hamilton

Herndon Holloway Howard Moore Rowan Smalley

Starr Summers Thompson Tysinger Ward

Not voting was Senator Henderson.

On the passage of the bill, the ayes were 38, nays 17.

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

Senator Kennedy of the 4th moved that SB 149 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 1; the motion prevailed, and SB 149 was immediately transmitted to the House.

Senator Henderson of the 33rd filed the following statement with the Secre tary of the Senate:

"Mr. President, I supported SB 149 which would give local counties and school systems some tax relief; however it was necessary for me to be away

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from the floor when the vote for this bill was called; therefore I was unable to vote."

Senator Brown of the 47th moved that the following bill of the Senate be withdrawn from the Committee on Highways and recommitted to the Committee on Public Utilities and Transportation.

SB 439. By Senator Brown of the 47th:
A bill to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety concern ing the ability to sustain shock, approved April 1, 1971 (Ga. Laws 1971, p. 373), so as to change the definition of the term "private passenger automobile"; to provide an effective date.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SB 439 was withdrawn from the Committee on Highways and recommitted to the Committeee on Public Utilities and Transportation.

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.

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73

Senate Chamber, Atlanta, Georgia Wednesday, January 16, 1974

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 proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 465. By Senator London of the 50th: A bill to amend an Act regulating the practice of law before the State Board of Pardons and Paroles and requiring members and employees of the board to keep written records of every person contacting members of the board on behalf of prisoners, so as to provide that persons contacting members of the board on behalf of prisoners shall be required to furnish additional information.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SB 466. By Senator London of the 50th:
A bill to amend Code Section 27-2510, relating to concurrent or con secutive sentences, as amended, so as to provide that in all cases, whether tried by a judge or jury, in which the sentence has been imposed, the trial judge, and not the jury, shall determine and order whether the sentence or sentences shall be served concurrently or consecutively.
Referred to Committee on Special Judiciary.

SB 467. By Senator London of the 50th:
A bill to amend Code Chapter 59-1, relating to selection of jurors, as amended, so as to provide for election of a chairman of boards of jury commissioners; to provide for notices; to define a quorum for the pur poses of boards of jury commissioners; to further define the duties of clerks of superior courts; to provide for other matters relevant thereto.
Referred to Committee on Special Judiciary.

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SB 468. By Senator London of the 50th:
A bill to create the Joint Legislative Committee on Performance Evalua tion and Expenditure Review; to define certain terms; to provide for the composition of the committee and the terms of its members; to provide for powers and duties of the committee; to authorize and empower the committee to make performance evaluations and expenditure reviews of all state agencies. .
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SB 469. By Senator Wasden of the 2nd:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that no person shall operate a motor vehicle while wearing certain devices.
Referred to Committee on Highways.

SB 470. By Senator Coverdell of the 40th:
A bill to provide for the number of standing committees of the Senate and the House of Representatives; to provide for membership thereof to be determined by or pursuant to rules of the Senate and House of Representatives; to provide for certain duties of the Legislative Services Committee in connection therewith; to provide for interim legislative studies to be accomplished by standing committees.
Referred to Committee on Rules.

SB 471. By Senator Coverdell of the 40th:
A bill to require the Governor to make an annual report to the General Assembly on his administration's policies and goals on certain subjects; to provide for all matters relative thereto.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 472, By Senators Kennedy of the 4th, Gillis of the 20th and McDuffie of the 19th:
A bill to amend Section 68-201 of the Code of Georgia, as amended, and to amend an Act approved December 24, 1937, as amended, and codified as Section 92-2902 of the Code of Georgia, both of which relate to the registration and the licensing of motor vehicles, so as to provide that said Sections shall not apply to any trailer that has no springs and is being employed in hauling uprocessed farm products to their first market destination.
Referred to Committee on Agriculture.

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75

SB 473. By Senator Hill of the 29th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to allow employees of the State of Georgia who were formerly employees of the Georgia Warm Springs Foundation to purchase credit for previous employment service with the Georgia Warm Springs Foundation and have the previous employment service credited under the Employees' Retirement System of Georgia.
Referred to Committee on Retirement.

SB 474. By Senators Cleland of the 55th, Stitton of the 9th, Rowan of the 8th and others:
A bill to regulate conflicts of interest and provide for financial dis closure; to provide for a legislative declaration; to provide for a short title; to provide for definitions; to provide for prohibitions relative to using positions for financial gain; to provide for prohibitions relative to offering or receiving things of value to influence action; to provide for prohibitions relative to receiving additional pay.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 475. By Senators Moore of the 56th and Fincher of the 54th:
A bill to amend Code Chapter 9-99, relating to criminal acts by attorneys at law, as amended, so as to provide that an attorney at law who defends a person who has previously been prosecuted by that attorney at law while the attorney was serving in an official capacity or who has ap peared as a defendant in a criminal action in which the attorney at law presided as a judge is guilty of a felony.
Referred to Committee on Judiciary.

SB 476. By Senator McGill of the 24th:
A bill to amend an Act known as the "Georgia Meat Inspection Act", as amended, so as to include rabbits within the provisions of said Act; to provide for other matters relative to the foregoing.
Referred to Committee on Agriculture.

SB 477. By Senators Hudgins of the 15th and Jackson of the 16th:
A bill to amend Code Section 47-102, relating to State Senatorial Dis tricts, as amended, so as to change the provisions relative to certain Senatorial Districts; to provide an effective date.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

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SB 478. By Senator Henderson of the 33rd:
A bill to declare and give effect to a public interest in setting apart one day of the week as a common day of rest and for other activities bene ficial to the public welfare in certain counties of this State; to provide for a short title; to designate Sunday as the most appropriate day therefor; to regulate or prohibit the carrying on of a business, business transactions, labor and the employment of labor for profit on such day.
Referred to Committee on County and Urban Affairs.

SB 479. By Senators Garrard of the 37th, Parker of the 31st and Lester of the 23rd:
A bill to amend Code Section 26-2101, relating to distributing obscene materials, as amended, so as to change the provisions relative to obscene materials; to provide that certain devices shall be obscene; to provide for certain affirmative defenses; to change the provisions relative to penal ties.
Referred to Committee on Business, Trade and Commerce.

SR 260. By Senator London of the 50th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for compensating innocent victims of violent crime; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Appropriations.

SR 261. By Senators Hudgins of the 15th, Salter of the 17th and Barker of the 18th:
A resolution urging the State Superintendent of Schools to request city and county school superintendents to cooperate with authorized agents of the Georgia National Guard in their efforts to recruit eligible students.
Referred to Committee on Defense and Veterans Affairs.

SR 263. By Senator Johnson of the 38th:
A resolution declaring the fifteenth day of January a State Holiday in memory of the Reverend Martin Luther King, Jr.
Referred to Committee on Business, Trade and Commerce.

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:

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77

SR 248. By Senator Holley of the 22nd:
A resolution to notify the House of Representatives that the Senate has convened.

HR 466. By Messrs. Murphy of the 18th, Busbee of the 114th, Burruss of the 21st and many, many others:
A resolution expressing regrets at the passing of Honorable Geo. L. Smith II.

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 follow ing bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 78. Do pass by substitute.
Respectfully submitted, Holley of 22nd District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 746. Do pass. HB 883. Do pass as amended. HB 1177. Do pass as amended. HB 1179. Do pass as amended. HB 1178. Do pass as amended.
Respectfully submitted, Overby of 49th District, Chairman.

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Senator Reynolds of the 48th District, Chairman of the Committee on High ways, submitted the following report:

Mr. President:

Your Committee on Highways has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 430. Do pass.
SB 448. Do pass.

Respectfully submitted, Reynolds of 48th District, Chairman.

The following communications were read by the Secretary:
THE STATE SENATE Atlanta, Georgia
January 11,1974
Lit. Governor Lester Maddox President, State Senate State Capitol Atlanta, Georgia
We, the following Senators, respectifully request that you add two more Senators to the Natural Resources and Environmental Quality Com mittee of the Georgia State Senate. As you are well aware, under Senate Rule 195 you have the authority to do this when there are vacancies on the Committee that have never been filled and it is requested of you by a majority of the Committee. As you are also aware, Senate Rule 194 calls for 10 members on the Natural Resources and Environmental Quality Committee. At present, there are only 8 members of the committee and the two vacancies have existed for over a year because two members were never appointed as called for under Senate Rule 194.
This being true, we respectfully request that appoint Joe Kennedy of Claxton to the committee since the Groveland Project is in his district and such a project warrants representation on the committee.
We also respectfully request that you appoint Senator Jack Stephens of Atlanta to the committee. The metropolitan area of 8 counties sur rounding Atlanta do not have adequate representation on the committee when you take into account the many environmental problems that exist in the 8 county metropolitan area.

WEDNESDAY, JANUARY 16, 1974

79

We would deeply appreciate your prompt attention to our respectful request. Thank you.

/s/ Roscoe Dean, Jr. /s/ Martin Young

/s/ Ed Zipperer /s/ Tom Moore /s/ HughGillis

OFFICE OF LIEUTENANT GOVERNOR 418 State Capitol
Atlanta, Georgia 30334

January 16, 1974

The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334

Dear Mr. Secretary:

Please be advised that Senator Jack L. Stephens has requested to be removed from the Industry and Labor Committee, and at the request of Senator Roscoe Dean and Senator Stephens, I am appointing him to serve as a member of the Natural Resources and Environmental Quality Committee. I would appreciate your making this change a part of your official records.

Thanking you for your assistance in this matter, I am

Sincerely,

LM/jg

/s/ Lester Maddox

cc: Honorable Gary Bond Honorable Ben W. Fortson, Jr. Honorable Frank Edwards Senate Information Office Honorable Jack Stephens Honorable Roscoe Dean

The following resolution of the Senate was read and adopted:

SR 262. By Senator Johnson of the 38th:
A resolution honoring the memory of The Reverend 'Martin Luther King, Jr.

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The following resolution of the House was read and adopted:

HR 438. By Mr. Murphy of the 19th 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.

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

Senators Hill of the 29th, Langford of the 51st, Parker of the 31st, Lester of the 23rd, Starr of the 44th, Moore of the 56th and McGill of the 24th.

The following resolutions of the Senate were read and adopted:

SR 253. By Senator Garrard of the 37th: A resolution expressing sympathy at the passing of Mr. Hubert L. Dyar.

SR 259. By Senators Wasden of the 2nd, Riley of the 1st, and Zipperer of the 3rd:
A resolution commending the Honorable W. Kirk Sutlive, Sr.

Senator Coggin of the 35th asked unanimous consent that the Secretary be instructed to cast the vote of the entire body for the adoption of the following resolution of the House:

HR 466. By Messrs. Murphy of the 18th and the entire membership of the Georgia House of Representatives:
A resolution expressing regrets at the passing of Honorable George L. Smith, II.

The consent was granted.

The President ordered the morning roll call, and the following Senators an swered to their names:

Ballard Barker
Bell Broun of 46th

Brown of 47th Carter
Cleland Coggin

Coverdell Cox
Dean Doss

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81

Duncan Eldridge Pincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Howard Hudgins Jackson

Johnson Kennedy Kidd Langford Lester London McGill Moore Overby Parker Riley Rowan Salter

Skene Smith Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Those not answering were Senators: Holloway, McDuffie, Reynolds, Smalley and Ward.

Senator Fincher of the 54th introduced as Chaplain, Dr. Reynolds Greene, pastor, First United Methodist Church of Dalton, who offered scripture reading and prayer.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 783. By Messrs. Nessmith of the 76th, Collins of the 122nd, Lowrey of the 15th and others: A bill to provide the procedure for showing the number of copies and approximate cost of certain printings.
Senator Kennedy of the 4th offered the following amendment:
Amend HB 783 by adding a new Section 2 to read as follows:
"This Act shall not apply to tax forms, returns, pamphlets and instructional publications of the Department of Revenue".
and,
By renumbering the present Section 2 as Section 3.
On the adoption of the amendment, the ayes were 33, nays 1, and the amend ment was adopted.

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Senator Holloway of the 12th offered the following amendment:

Amend HB 783 by striking from Section 1, line 7 thereof the words "the upper right side of" so that Section 1 reads as follows:

"Section 1. Each pamphlet, booklet, brochure or other publication printed by or for any State department or agency shall clearly show on its cover the number of copies of that particular publication printed, as well as the approximate total cost of such printing."

On the adoption of the amendment, the ayes were 38, nays 2, and the amend ment was adopted.
Senator Kidd of the 25th offered the following amendment:
Amend HB 783 by deleting in Section I, line 6, the words "or for any State Department or Agency"
and replacing with the words:
"The Executive Department"
whereas it will read "Section I: Each pamphlet, booklet, brochure or other publica
tion by the Executive Department shall."
On the adoption of the amendment, the ayes were 38, nays 1, and the amend ment was adopted.
Senator McGill of the 24th offered the following amendment:
Amend HB 783 by inserting after the word "agency", on line 7 of Page 1 the following:
", except The Farmers and Consumers Market Bulletin pub lished by the Department of Agriculture,"
On the adoption of the amendment, the ayes were 38, nays 2, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the President ordered a roll call, and the vote was as follows:

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83

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Hill Holley Hollo way Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators: Howard, McDuffie and Smalley.

On the passage of the bill, the ayes were 53, nays 0.

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

The following general bill of the House, having been favorably reported by the committee and recommitted on January 14, 1974, was favorably reported by the committee, read the third time and put upon its passage:

HB 4. By Mr. Murphy of the 18th:
A bill to amend Code Section 9-103, relating to qualifications and residence requirements of applicants for the Bar Examination, so as to provide that students who are enrolled in the last 2 quarters or the last semester of nationally accredited law schools shall be eligible to stand the Bar ex amination.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Langford Lester London McGill Overby Parker Reynolds

Riley Rowan Salter Skene Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators: Ballard, Kidd, McDuffie, Moore and Smalley.

On the passage of the bill, the ayes were 51, nays 0. The bill, having received the requisite constitutional majority, was passed.

The following general bill of the Senate, recommitted on February 20, 1973, favorably reported by the committee, was read the third time and put upon its passage:

SB 90. By Senators Stephens of the 36th and Johnson of the 38th:
A bill to amend Code Chapter 26-21, relating to distributing obscene ma terials, as amended, so as to change the provisions of said Code Chapter, relating to the use of premises in violations of the provisions of said Chapter as constituting a public nuisance.

The Senate Committee on Judiciary offered the following substitute to SB 90:
A BILL
To be entitled an Act to amend Code Chapter 72-3, relating to certain types of nuisances, as amended, so as to provide that whenever a defendant shall request a continuance, for good cause shown, from the hearing on a temporary injunction brought pursuant to Code Chapter 72-3, the tern-

WEDNESDAY, JANUARY 16, 1974

85

porary injunction shall not be granted as prayed for as a matter of course; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Chapter 72-3, relating to certain types of nuisances, as amended, is hereby amended by striking Code Section 72-303 in its entirety and by inserting in lieu thereof a new Code Section 72-303, to read as follows:

"72-303. Notice of hearing on application. Three days' notice in writing shall be given the defendant of the hearing of the application and, if then continued at his instance, except for good cause shown, the temporary injunction as prayed shall be granted as a matter of course. If good cause for a continuance is shown by the defendant, the temporary injunction shall not be granted as prayed for as a matter of course, but the parties shall be left as they are until the rescheduled hearing."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Johnson of the 38th moved that SB 90 be recommitted to the Committee on Judiciary.

On the motion, the ayes were 38, nays 0; the motion prevailed, and SB 90 was recommitted to the Committee on Judiciary.

Senator Holley of the 22nd moved that the following bill of the Senate be postponed until Thursday, January 17, 1974:

SB 333. By Senator McDuffie of the 19th:
A bill to amend an Act to provide that any judge of the superior courts on appeal may approve a settlement agreement between all the parties and heirs at law providing for a disposition of the properties irrespective of the terms of the will in issue.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SB 333 was postponed until Thursday, January 17, 1974.

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. tomor row.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Thursday, January 17, 1974

The Senate met pursuant to adjournment at 9:30 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.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has overridden the Governor's Veto No. 3 on the following bill of the House, to-wit:
HB 1208. By Messrs. Larsen, Coleman and Jessup of the 102nd: An Act to amend an Act creating a new charter for the City of Dublin, so as to change the corporate limits of said city.

Having received from the House the above message informing the Senate that the Georgia House of Representatives did, on the previous legislative day, override the Governor's veto of HB 1208, the President stated that the question before the Senate was whether the veto of the Governor on HB 1208 was to be overridden or sustained.

After the bill and the Governor's veto letter were read by the Secretary, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox Doss Duncan Eldridge

Garrard Gillis Hamilton Herndon Hill Holley

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87

Holloway Howard Hudgins Jackson Kennedy Kidd Langford McDuffie McGill

Moore Overby Parker Reynolds Riley Rowan Salter Skene Smith

Starr Summers Button Thompson T'ysinger Warren Webb Young Zipperer

Not voting were Senators:
Cleland Dean Pincher Henderson

Johnson Lester London Smalley

Stephens Ward Wasden

On the question, the ayes were 45, nays 0, and the veto of the Governor of HB 1208 was overridden at 9:50 A.M.

Senator Dean of the 6th filed the following statement with the Secretary of the Senate:
"I wish to go on record that I would have voted to have overridden the Governor's veto of House Bill 1208 had I not had to have been at the doctor's office. House Bill 1208 was a local bill in another Senator's district. As the record shows, the vote did override the Governor's veto. Please record my letter in the official journal. Thank you."

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 451. By Mr. Burton of the 47th:
A bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide for public health regulation of sources of emission of ambient noise detrimental to public health or to the enjoyment of life or property.

HB 951. By Messrs. Strickland and Harrison of the 116th:
A bill to be entitled an Act to amend Code Chapter 84-9, relating to medical practitioners and Code Section 84-907.1, relating to the medical licensure of aliens, so as to provide that aliens who have resided within

JOURNAL OF THE SENATE,
the U. S. for at least 1 year and who have filed an application for per manent residency status shall be eligible to stand examination for a license to practice medicine.
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:
HE 239. By Mr. Savage of the 30th: A resolution proposing an amendment to the Constitution so as to pro vide an increase in the compensation of any elective official in this State shall not become effective during the term of office of such official in which such increase is approved or authorized.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 480. By Senators Gillis of the 20th, McGill of the 24th, Zipperer of the 3rd and others: A bill to create the Board of Admissions of the College of Veterinary Medicine; to provide for definitions; to provide for the membership of said Board; to provide for the powers and duties of said Board; to provide for funding; to provide for all matters relative to the foregoing.
Referred to Committee on University System of Georgia.
SB 481. By Senators Button of the 9th, Herndon of the 10th, Young of the 13th and others: A bill to amend Code Section 47-102, relating to State Senatorial Dis tricts, as amended, so as to change the provisions relative to certain Senatorial Districts; to provide an effective date.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
SB 482. By Senator Starr of the 44th: A bill to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners, as amended, so as to require the Commissioner of Offender Rehabilitation to transfer within a certain number of days any person convicted and sentenced to serve time in any State penal institution when no appeal or motion for a new trial is filed.
Referred to Committee on Penal and Correctional Affairs.

THURSDAY, JANUARY 17, 1974

89

SB 483. By Senator Fincher of the 54th:
A bill to amend an Act creating a State Board of Registration for Used Car Dealers, so as to provide for the bonding of persons licensed thereunder.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 484. By Senator Dean of the 6th:
A bill to amend an Act known as the "Georgia Scenic Trails Act", as amended, so as to provide for the construction and maintenance of bicycle lanes on public highways; to authorize the Department of Transporta tion to enter into agreements with counties and municipalities; to provide for funding.
Referred to Committee on Natural Resources and Environmental Quality.

SR 264. By Senators Henderson of the 33rd, Gillis of the 20th, London of the 50th and others:
A resolution pertaining to standard time.
Referred to Committee on Industry and Labor.

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

HB 451. By Mr. Burton of the 47th:
A bill to amend Code Title 88, known as the "Georgia Health Code", so as to provide for public health regulation of sources of emission of am bient noise detrimental to public health or to the enjoyment of life or property.
Referred to Committee on Health and Welfare.

HB 951. By Messrs. Strickland and Harrison of the 116th:
A bill to amend Code Chapter 84-9, relating to medical practitioners and Code Section 84-907.1, relating to the medical licensure of aliens, so as to provide that aliens who have resided within the U. S. for at least 1 year and who have filed an application for permanent residency status shall be eligible to stand examination for a license to practice medicine.
Referred to Committee on Health and Welfare.

HR 239. By Mr. Savage of the 30th:
A resolution proposing an amendment to the Constitution so as to pro vide an increase in the compensation of any elective official in this State

90

JOURNAL OF THE SENATE,

shall not become effective during the term of office of such official in which such increase is approved or authorized.
Referred to Committee on Appropriations.

The following reports of standing committees were read by the Secretary:

Senator Johnson of the 38th 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 163. Do not pass. SB 164. Do pass. SB 179. Do pass.
Respectfully submitted, Johnson of 38th District, Chairman.
Senator Ballard of the 45th District, Chairman of the Committee on Vocational and Technical Education, submitted the following report:
Mr. President:
Your Committee on Vocational and Technical Education has had under con sideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 172. Do pass. Respectfully submitted, Ballard of 45th District, Chairman.

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

SB 430. By Senators Thompson of the 32nd and Henderson of the 33rd:
A bill to amend the "Uniform Act Regulating Traffic on Highways", as amended, so as to authorize, at the discretion of local authorities, the

THURSDAY, JANUARY 17, 1974

91

operation of certain motor vehicles and motorcycles in parades although such motor vehicles, motorcycles, and their operators and passengers do not meet the necessary requirements of Georgia law.

SB 448. By Senators Reynolds of the 48th and Holloway of the 12th:
A bill to amend the Uniform Act Regulating Traffic on Highways, ap proved January 11, 1954 (Ga. Laws 1953, Nov.-Dec., p. 556), as amended, so as to provide that the maximum speed limit upon any street or highway in this State shall not exceed 55 miles per hour; to provide an effective date.

HB 78. By Messrs. Coney of the 89th, Levitas of the 50th and Greer of the 43rd:
A bill to provide for no-fault motor vehicle insurance; to provide an ef fective date.

HB 746. By Mr. Ritchie of the llth:
A bill to amend an Act creating a new charter for the City of Clarkesville, so as to authorize the Mayor and Council to close a portion of Hoyt Circle.

HB 883. By Messrs. Smith and Adams of the 74th:
A bill to amend "An Act to place the Ordinary of Upson County upon an annual salary in lieu of the fee system of compensation", so as to increase the compensation of said Ordinary.

HB 1177. By Mr. Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County, so as to change the salary of the County Commissioner.

HB 1178. By Mr. Murphy of the 18th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Commissioner of Haralson County, so as to change the compensation of the clerical assistant of the tax commissioner.

HB 1179. By Mr. Murphy of the 18th:
A bill to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the ordinary.

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JOURNAL OF THE SENATE,

The following resolution of the Senate was read and adopted:

SR 265. By Senators Rowan of the 8th, Eldridge of the 7th, Johnson of the 38th and others:
A resolution commending Mr. Henry Aaron.

The President ordered the morning roll call, and the following Senators answered to their names:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Hamilton
Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Skene Smith Starr Summers Sutton Thompson Tysinger Warren Webb Young Zipperer

Not voting were Senators:

Fincher Gillis London

Smalley Stephens Ward

Wasden

Senator Coggin of the 35th introduced as chaplain, The Reverend John Lindsey, pastor, Hapeville United Methodist Church, Hapeville, Georgia, who offered scripture reading and prayer.
Senator Langford of the 51st introduced as Doctor of the Day, Dr. Ben Looper of Canton, Georgia.
The following general bill of the Senate, having been postponed January 16 of January 17, and having been favorably reported by the committee, was read the third time and put upon its passage:
SB 333. By Senator McDuffie of the 19th: A bill to amend an Act to provide that any judge of the superior courts on appeal may approve a settlement agreement between all the parties

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93

and heirs at law providing for a disposition of the properties irrespective of the terms of the will in issue.

Senator Johnson of the 38th moved that SB 333 be postponed indefinitely.

On the motion, the ayes were 37, nays 2; the motion prevailed, and SB 333 was postponed indefinitely.
The following general bill of the House, favorably reported by the committee, read the third time January 15 and postponed until January 17, 1974, was put upon its passage:

HB 455. By Messrs. Bennett, Reaves and Patten of the 124th:
A bill to provide for the licensing of transient merchants; to provide for the procedures therefor.

Senator Smith of the 34th offered the following amendment:
Amend HB 455 by renumbering Sections 9 and 10 on Page 3 as Sections 10 and 11, respectively, and inserting a new Section 9 to read as follows:
"Section 9. The provisions of this Act shall not prohibit any municipal corporation in this State from requiring a business license and fee from transient merchants transacting business within the municipality, and where a municipal corporation requires such . a business license and fee from transient merchants, the provisions of this Act shall not apply to such transient merchants transacting business within the corporate limits of such municipality."
On the adoption of the amendment, the ayes were 42, nays 0, and the amend ment was adopted.

Senator Smith of the 34th offered the following amendment:
Amend HB 455 by adding at the end of line 25, on Page 1, after the word "shows"
", and shall not apply to rummage sales, garage sales, antique sales and similar sales by residents of the state when such sale is not a part of the regular business activity of 'the person or persons conducting the sale or where the net proceeds from the sale are used for charitable purposes."

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

Senator Smith of the 34th offered the following amendment:
Amend HB 455 by striking on Page 2, line 25 of Section 6 the words "of three hundred dollars ($300)"
and inserting in lieu thereof the following:
"an amount to be established by each governing authority so authorized to collect license fees".

On the adoption of the amendment, the ayes were 42, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th
Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Pincher Garrard Gillis Hamilton

H'enderson Herndon Hill Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester McDuffie McGill Overby Parker

Reynolds Riley Rowan Salter Skene Smith Starr Stephens Summers Sutton Thompson Tysinger Warren Webb Young Zipperer

Those voting in the negative were Senators: Ballard, Johnson and Ward.

Not voting were Senators: Duncan, London, Moore, Smalley and Wasden.

On the passage of the bill, the ayes were 48, nays 3.

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95

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

Senator Holley of the 22nd moved that the Senate stand adjourned immediately upon dissolution of the Joint Session until 9:30 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 Jimmy Carter, was called to order by the President of the Senate. HR 438 authorizing the Joint Session of the Senate and House was read by the Secretary of the Senate.

His Excellency, Governor Jimmy Carter, addressed the Joint Session of the House of Representatives and Senate as follows:
Lieutenant Governor Maddox, Speaker Murphy, Distinguished Mem bers of the Senate and House, and My Fellow Georgians:
Before beginning my speech I would like to pay tribute to Henry Castleman, a man who, prior to his death last year, was almost an institution in the Legislature. Henry was Doorkeeper of the Georgia Senate for almost 20 years. I have cared deeply for him since I first came to the Georgia Senate eleven years ago. He was a fine and decent man whom we all loved and respected.
During the last two years under stable tax laws and a booming economy, we have seen dramatic growth in budgeted funds which have given Georgia's people effective new programs, substantial salary increases for our competent State Employees, and the first year of statewide prop erty tax relief in history.
We will write a different budget story for next year. Our begin ning surplus will be down $90 million, we will have $50 million less federal revenue sharing funds, and the energy shortage will cost us another $67 million in tax receipts which we had earlier anticipated. This will be the first year in the history of Georgia budgeting that a governor has recommended an actual reduction in state spending--I have given you a budget for the 1975 fiscal year which is $47 million less than the budget for the current year.
This $47 million added to the almost $90 million increase that will be necessary just to keep up with inflation means that we are more than $135 million short of a true continuation budget.
There is, however, no cause for alarm. A businesslike and meticulous budgeting procedure has permitted us to cut administrative costs and at the same time to maintain an adequate level of service brought about by the new programs begun in recent years.

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We began last Spring to plan for a tight and economical budget. We were soon clearly faced with three alternatives:

1) To recommend a general tax increase. This was ruled out as a violation of my own campaign promises and contradictory to your own commitments.

2) To cut existing programs and services for our people.

3) To propose a continuation budget with strict economies and some well chosen improvements in critical areas.

We chose the third alternative.

There are some needs for caution.

First, the Departments have been cut to the bone and will have to absorb the expected 6% to 8% inflation within the recommended budgets. This means that for many expenditures, the dollars we are appropriating will only be worth 92<f to 94^ next year.

Second, construction for FY 1975 has been held to a minimum, and some of it is financed through bond sales. Additional conversion to borrowed money through bond financing may come back to haunt us in the immediate years ahead.

Third, unexpected and abrupt changes in the costs of individual items within object classes must be accommodated. This next year in particular there is no way to predict what will happen to the cost of food, fuel, paper, transportation, construction, and contract services after the' budget is approved and the Legislature adjourns. Our Departments must have adequate flexibility within the budget to meet changing circumstances and to permit proper management. I consider this to be a crucial Ad ministrative authority on which there can be no encroachment.

With proper management, the economy of our government is sound.

Early submission of the Budget to you has permitted a more thorough analysis of its contents prior to this message. This is an excellent example of the kind of cooperation which has always been demonstrated by this great Legislature since I have been Governor.

Because of this two-week head-start on normal procedures, there is no need for me to cover the Budget document in detail. But there are some notable features which need to be emphasized.

We have been legitimately concerned about the damaging effect of energy shortages on our economic future. An even greater threat is the almost unprecedented inflation.

Up until this past year, the increase in the National Consumer Price Index had been higher than normal, but less than 4% per year. In the last 6 months, consumer prices have leaped upward almost 10%.

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97

The future looks even worse. Wholesale prices, which are a preview of retail costs, are now a whopping 18.2% higher than a year ago.

Responsible government action at all levels can help to minimize this damaging effect of Washington economic mismanagement on the lives of our people.

I regret that any major statewide property tax relief is not possible this next year. We must also be careful not to shift local property taxes from one group of favored citizens onto the shoulders of other property owners.

However, a local option income tax may be advisable if a substantial portion or all of the proceeds could guarantee relief for ad valorem tax payers, and especially for our elderly citizens with low income.

Another important consideration is that with increasingly severe energy shortages in prospect, the Department of Transportation has a unique problem because most of its revenues are tied directly to the motor fuel tax. Gasoline consumption is being rapidly reduced, and with each gallon not sold, the Department loses 7-1/2$ in revenue. What should be done?

I do not favor any increase in state taxes, including gasoline taxes.

We should remember that the amount of motor fuel taxes of each preceding year must be appropriated for highway maintenance and im provements. As the price of gasoline goes up, sales tax on that amount increases, and this may be the best source of funds to relieve revenue losses caused by fuel shortages. Next year will be time enough for a more accurate assessment of the problem.

I have not meant to paint a gloomy picture. Even with a lower budget, our necessary existing programs are adequately financed, along with substantial additional improvements.

These are some of the enrichment proposals included in the Budget:

For the Department of Transportation, I am recommending that funds be appropriated for three separate expenditures. The largest amount--$5.4 million--will go for planning, construction and maintenance of the state transportation network. Additional bonds totaling $29.4 million are also requested for construction.

A small, but very important expenditure, considering the possible impact of the energy crisis, is $418,000 for state participation in the Urban Mass Transit Program. This will help 11 Georgia cities provide 10 per cent of the matching funds required for the purchase of buses and related transit facilities. Since fuel for private autos is the last item on the federal government's priority list, and 25% of our people do not even have access to an automobile, we must continue to improve our public transportation so that people can get to and from work and do their shopping.

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Despite current nationwide problems, Georgia continues to make good progress in economic growth. Although we still lag behind the national average in per capita income, we are closing the gap with each passing year.

We have already made substantial progress in increasing foreign trade and commerce, particularly with agricultural crops like peanuts and tobacco and other major Georgia products such as kaolin and carpets.

Although Georgia's growth in exports lagged behind the Nation as a whole and other Southern States for the decade of the sixties, since 1969
we have been increasing our total export trade at a significantly higher rate than our neighboring states or the rest of the Nation.

Nevertheless, I believe that it is important that we place even greater emphasis on boosting our foreign sales. This past year we established offices in Europe and Asia for the purpose of promoting international trade between Georgia and foreign countries. I am proposing $65,000 through the Department of Community Development to be used for ad ditional expenses in our Brussels and Tokyo offices. I believe this in vestment will be repaid many times over in the years to come.

Agriculture and its related businesses are still our most important economic activity.

For the Department of Agriculture we have proposed funds to finance staffing and additional construction at the Georgia Agrirama at Tifton, to contract for specific research on poultry diseases, to replace federal funds lost to the animal disease eradication programs, and to cover post age increases in the mailing of The Market Bulletin.

I am asking you to approve $800,000 through the University System for the third straight year of expansion in our agricultural research and experiment programs and Extension Service activities.

Crime continues to be a major problem in Georgia as in the rest of the Nation. Although improvement is being made, our rate of highway accident deaths still exceeds the national average. Recommendations are provided in the FY 1975 Budget to alleviate both of these problems. They include:

--continued implementation of the master plan for the Georgia Criminal Information Center;

--twenty new drivers license records positions;

--fifteen additional undercover contract agents to expand the highly successful attack on the drug racket which I discussed with you in the State of the State address on Monday;

--seventeen new positions for the State Crime Laboratory to allow expansion of their already excellent services to State and local law enforce ment agencies.

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99

I have also proposed $869,000 to hire 61 new probation and parole supervisors and 29 associated clerical personnel. This is in response to the need to expand our probation system activities which I pointed out to you on Monday.

Another $600,000 is earmarked for an additional 500 beds and as sociated expenses in our highly successful work release program.

Finally, increases in food prices will require an additional $765,000 this year at our penal institutions.

None of our programs would ever reach the people without adequate support services. The Department of Administrative Services, now in its second year, continues to improve its programs in this important area, but additional funds are required to meet several critical needs.

Under this Department additional operating funds are being recom mended for the Georgia Building Authority, for several important new positions in the areas of space management, volunteer service organiza tion, statewide contract purchasing, fiscal and personnel accounting systems, general obligation sinking fund, internal administration, and State Employee Workmen's Compensation payments.

An additional $861,000 is recommended for the Department of Revenue to assist Georgia's counties in the continued development of their property tax system.

For the judicial branch $741,000 in new funds are recommended of which $200,000 will provide staffing for the Administrative Office of the Courts.

Further, in pleasant anticipation of your favorable action on consumer protection legislation this session, $132,000 is included to fund the en forcement of this legislation under the Office of the Attorney General.

The one recommendation in this area that is perhaps of most interest to all Departments in State government is an upgrading in pay for steno graphers, typists, and clerks. We have many vacant positions in almost all departments because our present salaries are not competitive with either industry or other levels of government.

For this reason I have recommended $1 million to fund an average increase of five percent for these positions.

Most of the increased funds I have proposed for the Department of Natural Resources will go to provide Georgians with more outdoor recreational opportunities and to maintain the quality of our air and water.

Regretfully, the spending level for our widely acclaimed Heritage Trust Program must be considerably reduced. I have proposed a bond program of $5 million, which is an extremely modest amount in view of the 400 additional sites being considered for future acquisition. But it is

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enough to keep the Heritage Trust Program alive until we can afford to loosen our purse strings again.

A $1.5 million bond program is recommended for parks development and improvements, and an additional $405,000 in direct capital outlay is recommended for Game and Fish, Parks, and historical site expenditures.

To continue our battle against pollution, I am recommending seven new positions for Air Quality to increase inspection, enforcement and industry evaluation; and six new positions for insuring the quality of fresh water supply systems.

An outstanding Planned Growth Commission has recommended ways to direct the growth of our State to enhance rather than detract from the quality of life for our people. I am asking that you approve $98,000
for the continuation of this work toward planned growth for Georgia. This is one of the most important questions about the future of our State.

In the field of human development, one of our most urgent needs is to prevent the occurrence of the major cripplers and killers of our people. At relatively low cost we can expand our attack against four of the leading health problems in Georgia--stroke, maternal and infant afflictions, crippled children, and alcoholism. A total of $3.7 million is included in the Budget for these important preventive programs.

An additional $2.2 million this year and $1.1 million next year will let us renovate and provide more adequate staffing for the presently inadequate facilities for our 1300 retarded children at the Georgia Develop ment Center in Milledgeville. This proposal will merely upgrade the quality of care to the level now maintained at Gracewood.

We have successfully negotiated the acquisition of the world renowned Warm Springs facilities at no cost to the State, thus preventing Georgians stricken by disabling disease and accidents from having to go out of state for treatment. Although operation of this fine treatment center will probably be self-supporting, $300,000 is necessary for modest renovations.

To assure that the welfare rolls are accurate and that all the recipients are qualified to receive payments, I am asking you to provide $2.3 million in the Supplemental Budget to retain almost 600 county employees that otherwise would be dismissed because of federalization of the Old Age
Assistance Program.

About $667,000 is recommended for small adjustments in AFDC payments, and $262,000 for expansion of our WIN Program. As you know, in this program every state dollar is matched by 9 federal dollars.

Another $1 million will expand the Food Stamp Program to all counties in our State in accordance with federal law.

I am recommending to you an effective increase of $9 million in the higher education budget. Although college enrollment has tended to level off and we can reduce somewhat the expenditures for capital construe-

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101

tion, we still must meet fully the expansion needs on our campuses. In my opinion we are now in an adequately competitive position on academic pay. However, future salary increases will be necessary to keep us in this favorable posture.

New Junior colleges are being opened this year at Bainbridge and Swainsboro and next year's budget provides funds for another new col lege at Waycross.

Georgia lags far behind other states in the development of our program on the arts. An increase of $100,000 will permit us to take advantage of available federal funds, and give Georgia's rural students and citizens the benefit of this intellectually enriching and enjoyable experience.

The shortage of doctors continues to be a problem in many areas of Georgia. We are recommending $130,000 in state grants for 20 additional students at the Emory Medical School--a 40% expansion in this important program.

A fine Commission led by the Chairmen of the House and Senate Education Committees has conducted a thorough analysis of public school needs. Many of the recommendations require no additional funding. Some others that I personally favor very strongly are not recommended this year because of the tight budget.

Last year we had a massive increase of $104 million in the Budget for the Department of Education. Now more modest but very important additional improvements are being requested, including:

--$34.5 million for crucial renovation and construction of schools, libraries, and vocational-technical facilities--an increase of $3.5 million over this year;

--limited funding for a long range and comprehensive analysis of lo cal construction needs within all of Georgia's school districts which will insure fair and orderly progress toward equalizing the quality of school facilities throughout Georgia;

--500 new special education teachers, bringing our new total to 4,500-- imperative to meet the mandated schedule established by the Legislature;

--additional services for the trainable mentally retarded, the severely emotionally disturbed, and for the multiple handicapped children;

--38 additional instructors for new programs in vocational-technical education and financing for additional joint junior college and vocational programs at Dalton and Bainbridge; and

--continuation of the many innovations commenced in the last two years including the extremely important pre-school education program.

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It is very important that we understand as clearly as possible the complicated aspects of the energy problem. There is no doubt that serious shortages now exist and that the situation will deteriorate. There is no prospect of substantial improvement within the next five years. Prices are skyrocketing and the full effect of these almost unbelievable develop ments have not yet been felt.

Energy shortages will have a serious effect on our state's economy, especially during the first half of next fiscal year. Our growth rate will slow, tax revenues will be lost, and some increase in unemployment will be experienced. Compared to other states in the Nation, our losses will be minimal, but still we must plan and compensate for them now.

There is no need for us to concern ourselves today about fixing blame for the energy crisis. There is plenty of blame to go around. Historic waste of fuel, mismanagement and lack of planning in Washington, false and misleading public statements, lack of accurate data from any source, inadequate exploration and refinery capacity in this country, environmental restrictions on new power plant siting and mining techniques, the Mideast oil embargo, and deliberate manipulation of these market forces by the major oil companies have all contributed to the present situation.

We in Georgia began in April to save fuel and to inform our people about rapidly changing developments.

In November we set up a Fuel Allocation Office to conserve energy, to allot a portion of available fuel supplies to resolve hardship cases, and to comply with federal laws and regulations.

We need $113,000 this year and $342,000 next year to finance the costs of this crucial operation. There is a possibility that federal funds will later become available to supplant these expenditures, but we have no present assurance of this funding.

To summarize, this is a responsible, adequate, businesslike and economical Budget, with sufficient provisions for continuing and im proving the present level of services to our people. It is designed to ac commodate the adverse effects of national trends in inflation, unemploy ment and energy shortages. It provides us with the necessary flexibility to meet changing circumstances even though they cannot be predicted with certainty. It insures that with sound management Georgia's present prosperity and growth will be maintained through future years without additional tax increases.

Many businessmen and employees will be hurt badly by inflation, uncertain markets, fuel and raw material shortages, and even unemploy ment.

They will not be concerned about additional luxuries, but about maintaining the necessities.

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103

I have tried to manage our State Budget as they will have to manage their budget.

I ask for your support in this effort.

Senator Holley of the 22nd 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 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, January 18, 1974

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today, and was called to order by the President Pro Tempore, Senator Gillis of the 20th.

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.

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 477. By Messrs. Lowrey of the 15th, Toles of the 16th, Dean of the 17th, Triplett of the lllth, Chance of the 112th and many, many others:
A resolution calling upon Congress to repeal the Emergency Daylight Saving Time Energy Conservation Act of 1973.

HR 480. By Messrs. Murphy of the 18th, Burruss of the 21st, Busbee of the 114th, Connell of the 80th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing an address by Honorable Ben W. Fortson, Jr.

The House has disagreed to the Senate substitute to the following bill of the House, to-wit:

HB 246. By Messrs. Brown of the 89th and Adams of the 36th:
A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license.

FRIDAY, JANUARY 18, 1974

105

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

HB 979. By Messrs. Jordan of the 58th, Farrar of the 52nd, Russell of the 53rd and others: A bill to amend an Act providing that any bill making a change in the amount of the compensation or allowances of any elected or appointed State official must be introduced in the General Assembly during the first 10 days of any session, so as to provide for fiscal notes evaluating bills changing the salary or allowances.
HB 93. By Mr. Levitas of the 50th: A bill to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, so as to provide that it shall be unlawful for any person to possess certain knives during the commission or attempt to commit a felony.
HB 841. By Mr. McCracken of the 77th: A bill to amend Code Section 23-1101, relating to the election, commissions, qualifications and removal of county surveyors, so as to provide that the requirement that every person holding the position of county surveyor shall be a qualified licensed surveyor shall not apply to certain surveyors.
The House has adopted by the requisite constitutional majority the following resolution of the Senate, to-wit:
SR 85. By Senator Smalley of the 28th: A resolution proposing an amendment to the Constitution so as to provide that the debt incurred by any county, municipal corporation or political subdivision shall never exceed 9 per centum of the assessed value of all the taxable property therein.

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

SB 485. By Senators Fincher of the 54th, McGill of the 24th, Young of the 13th and others:
A bill to amend an Act creating the Public School Employees' Retirement System, as amended, so as to authorize certain persons to be employed as public school employees, to become members and to establish prior service

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credits under the Retirement System; to provide for a procedure for establishing such prior service credits.
Referred to Committee on Retirement.

SB 486. By Senators Eldridge of the 7th, Sutton of the 9th and Rowan of the 8th:
A bill to amend an Act known as the "Georgia Pood Act", as amended, so as to provide labeling restrictions relative to the use of the words "honey" and "imitation honey"; to provide for a penalty.
Referred to Committee on Agriculture.

SB 487. By Senator Salter of the 17th:
A bill to amend an Act creating a new charter for the City of Flovilla, so as to change certain of the provisions thereof pertaining to the prosecuting officer of the city court; to provide the procedures connected therewith.
Referred to Committee on County and Urban Affairs.
SB 488. By Senators Reynolds of the 48th and Broun of the 46th:
A bill to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to provide for interrogation and the taking of statements from persons who are deaf; to provide for the taking of an oath; to require qualifications for such interpreters; to pro vide for compensation and expenses; to provide for other matters rela tive thereto.
Referred to Committee on Special Judiciary.
SB 489. By Senators Hamilton of the 26th, Lester of the 23rd, Dean of the 6th and others:
A bill to provide for the payment of an expense allowance to jurors in lieu of compensation in the nature of a salary; to amend Code Title 59, relating to juries, as amended, so as to provide for the fixing and payment of expense allowances to jurors in lieu of and in the same manner as compensation presently paid.
Referred to Committee on Special Judiciary.
SB 490. By Senator Coggin of the 35th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", as amended, so as to change the provisions relative to required local support of the minimum foundation program; to provide for complete State funding of the minimum foundation program beginning with a certain fiscal year.
Referred to Committee on Elementary and Secondary Education.

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107

SB 491. By Senators Parker of the 31st, Langford of the 51st, Overby of the 49th and others:
A bill to provide that real property devoted to the commercial production of food or cotton shall constitute a separate class of tangible property for ad valorem tax purposes; to provide for the assessment and taxation of such property; to provide the procedures connected therewith; to provide an effective date.
Referred to Committee on Banking and Finance.

SB 492. By Senators Sutton of the 9th, Brown of the 47th and Barker of the 18th:
A bill to provide that certain contracts for the purchase of agricultural commodities shall not be enforceable unless there is incorporated within such contract a performance bond guaranteeing the performance of the obligations under the contract by the purchaser; to provide the procedures connected therewith.
Referred to Committee on Agriculture.

SB 493. By Senator Fincher of the 54th:
A bill to amend Code Title 88, known as the "Georgia Health Code", as amended, so as to prohibit persons suffering from communicable diseases from being employed in food service establishments; to require persons employed in food service establishments to furnish health certificates when required by the Department of Human Resources.
Referred to Committee on Health and Welfare.

SB 494. By Senator Johnson of the 38th:
A bill to amend Code Section 26-2907, relating to exemptions from pro visions of Code Section 26-2901, relating to carrying a concealed weapon, Code Section 26-2902, relating to the carrying of deadly weapons at public gatherings, Code Section 26-2903, relating to carrying pistols without licenses, and Code Section 26-2906, relating to machine guns, so as to provide an additional exemption for the provisions of said Section for district attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys; to provide for an ef fective date.
Referred to Committee on Judiciary.

SB 495. By Senators Barker of the 18th, Thompson of the 32nd, Jackson of the 16th and others:
A bill to completely supersede and repeal Chapter 79A-8, known as the "Uniform Narcotic Drug Act" and Chapter 79A-9, known as the "Drug Abuse Control Act" of Code Title 79A, relating to pharmacists, pharmacy, drugs and narcotics; to provide that Chapter 79A-9 is re-

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served; to provide a title; to provide for definitions; to provide that the State Board of Pharmacy shall administer this Chapter.
Referred to Committee on Institutions and Mental Health.

SB 496. By Senator Coggin of the 35th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", as amended, so as to create the Georgia Bureau of Investigation; to provide for the transfer of the State Crime Laboratory and its func tions to the Georgia Bureau of Investigation; to provide for the transfer of the functions of the Division of Investigation to the Georgia Bureau of Investigation.
Referred to Committee on Special Judiciary.

SR 266. By Senators Cleland of the 55th and Howard of the 42nd: A resolution relative to year-round daylight savings time.
Referred to Committee on Rules.

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

HB 93. By Mr. Levitas of the 50th:
A bill to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, so as to provide that it shall be unlawful for any person to possess certain knives during the commission or attempt to commit a felony.
Referred to Committee on Judiciary.

HB 841. By Mr. McCracken of the 77th:
A bill to amend Code Section 23-1101, relating to the election, commissions, qualifications and removal of county surveyors, so as to provide that the requirement that every person holding the position of county surveyor shall be a qualified licensed surveyor shall not apply to certain surveyors.
Referred to Committee on Industry and Labor.

HB 979. By Messrs. Jordan of the 58th, Farrar of the 52nd, Russell of the 53rd and others:
A bill to amend an Act providing that any bill making a change in the amount of the compensation or allowances of any elected or appointed State official must be introduced in the General Assembly during the first 10

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109

days of any session, so as to provide for fiscal notes evaluating bills changing the salary or allowances.
Referred to Committee on Appropriations.

HR 477. By Messrs. Lowrey of the 15th, Toles of the 16th and others:
A resolution calling upon Congress to repeal the Emergency Daylight Saving Time Energy Conservation Act of 1973.
Referred to Committee on Rules.

The following reports of standing committees were read by the Secretary:

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 445. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization & Efficiency in Government, submitted the following report:
Mr. President:
Your Committee on Economy, Reorganization & Efficiency in Government 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 follow ing recommendations:
SR 79. Do pass by substitute. SB 477. Do pass.
Respectfully submitted, Kidd of 25th District, Chairman.

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Senator Reynolds of the 48th District, Chairman of the Committee on. High ways, submitted the following report:

Mr. President:
Your Committee on Highways has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 455. Do pass. SB 469. Do pass. HB 350. Do not pass. HB 978. Do pass. HB 1038. Do pass.

Respectfully submitted, Reynolds of 48th District, Chairman.

Senator Johnson of the 38th 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 90. Do not pass. SB 386. Do not pass. SB 459. Do pass as amended. SR 7. Do not pass.
Respectfully submitted, Johnson of 38th District, Chairman.

Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the follow-

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ing 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 429. Do pass. SB 431. Do pass as amended.
SR 246. Do pass as amended.

Respectfully submitted, Cox of 21st District, Chairman.

The following bill of the Senate was read the second time:

SB 179. By Senator Herndon of the 10th:
A bill to amend an Act known as the "Georgia Administrative Procedure Act", so as to delete certain exceptions from the definition of "agency".

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

HB 746. By Mr. Ritchie of the llth:
A bill to amend an Act creating a new charter for the City of Clarkesville, so as to authorize the Mayor and Council to close a portion of Hoyt Circle.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 883. By Messrs. Smith and Adams of the 74th: A bill to amend "An Act to place the Ordinary of Upson County upon an annual salary in lieu of the fee system of compensation", so as to increase the compensation of said Ordinary.

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The Committee on County and Urban Affairs offered the following amend ment:

Amend HB 883 by inserting in the title in lieu of the phrase "to in crease and fix the compensation of said Ordinary:" the following:

"to separate the amounts of said Ordinary's compensation on the basis of type of activity performed:".

By striking lines 6 and 7, Page 2, in their entirety and inserting in lieu thereof the following:

"receive a salary of ten thousand dollars ($10,000) per annum, six thousand dollars ($6,000) of which shall be compensation for the regular duties performed by the Ordinary and four thousand dollars ($4,000) of which shall be compensation for the performance of his duties in trying and disposing of cases of traffic violations under the Act approved February 16, 1938 (Ga. Laws 1937-1938, p. 558 et seq.) and amendatory Acts. The salary of the Ordinary shall be payable in equal monthly".

On the adoption of the amendment, the ayes were 46, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the ayes were 46, nays 0.

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

HB 1177. By Mr. Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County, so as to change the salary of the County Commissioner.

The Committee on County and Urban Affairs offered the following amendment: Amend HB 1177 by striking from line 17 of Page 1, and from lines 21
and 22 of Page 1 the following: "twelve thousand ($12,000.00)",
and inserting in lieu thereof the following: "twelve thousand and one ($12,001.00)".

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113

On the adoption of the amendment, the ayes were 46, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the ayes were 46, nays 0.

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

HB 1178. By Mr. Murphy of the 18th: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Commissioner of Haralson County, so as to change the compensation of the clerical assistant of the tax commissioner.
The Committee on County and Urban Affairs offered the following amendment: Amend HB 1178 by striking from line 23 of Page 1 and from line 3
of Page 2 the following: "six thousand ($6,000.00) dollars",
and inserting in lieu thereof the following: "six thousand and one ($6,001.00) dollars".
On the adoption of the amendment, the ayes were 46, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

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HB 1179. By Mr. Murphy of the 18th:
A bill to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the ordinary.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1179 by striking from line 20 of Page 1, and from line 23 of Page 1 the following:
"$10,000.00",
and inserting in lieu thereof the following:
"$10,001.00".

On the adoption of the amendment, the ayes were 46, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the ayes were 46, nays 0.

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

The President ordered the morning roll call, and the following Senators an swered to their names:

Ballard Barker Bell Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard

Gillis Hamilton Herndon Hill Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford London

McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Skene Smalley Starr Stephens Summers

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115

Sutton Thompson Tysinger

Ward Wasden Webb

Young Zipperer

Not answering were Senators:

Broun of 46th Cleland Fincher

Henderson Holloway Lester

Salter Smith Warren

The following resolution of the Senate was read and adopted:

SR 268. By Senators Kennedy of the 4th, Zipperer of the 3rd, Gillis of the 20th and Dean of the 6th:
A resolution expressing regret at the passing of Honorable J. Max Cheney.

Senator Bell of the 5th introduced as Chaplain, The Reverend Hoffman Harris, pastor, Briarlake Baptist Church, Decatur, Georgia, who offered scripture reading and prayer.
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 78. By Messrs. Coney of the 89th, Levitas of the 50th and Greer of the 43rd: A bill to provide for no-fault motor vehicle insurance.

The Senate Committee on Banking and Finance offered the following substi tute to HB 78:
A BILL
To be entitled an Act to provide for motor vehicle accident repara tions; to provide for a short title; to provide for definitions; to provide that the owner of a motor vehicle required to be registered in this State shall provide and continuously maintain throughout the registration period security in accordance with this Act for payment of basic no-fault benefits for economic loss and liabilities; to provide that the owner of a motor vehicle required to be registered in this State shall certify that he has and will maintain security during the period of registration; to provide for forms; to provide that the owner of a motor vehicle not required to be registered in this State shall maintain security in effect continuously throughout the period of its operation, maintenance or use as a motor vehicle within this State; to provide for the methods through which security required by this Act may be provided; to provide for self-insurance and the practices, procedures and requirements in con nection with self-insurance; to provide for the administration of claims,

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benefits and obligations; to provide for evidence that reliable financial arrangements, deposits or commitments exist providing assurance for payments of basic no-fault benefits and certain covered liabilities; to provide for the revocation or suspension of certain operators' licenses and motor vehicle registrations; to provide for penalties; to provide for the practices and procedures in connection therewith; to provide that an owner of a motor vehicle with respect to which security is required who fails to have such security in effect at the time of an accident shall be personally liable at law for payment of basic no-fault benefits, and shall have all the rights and obligations of an insurer under this Act; to provide that certain motor vehicle liability policies and policies of insurance shall be deemed to include all coverages re quired by this Act; to provide that certain benefits may be excess over any benefits required by this Act; to provide that certain insurance policies shall conform to and be subject to the provisions of certain laws; to provide that insurance companies authorized to transact the business of motor vehicle liability insurance in this State shall file certain forms; to provide for optional excess no-fault benefits; to provide for terms, conditions and exclusions in connection with optional excess no-fault coverage; to provide for waiting periods, deductibles and coinsurance provisions; to provide for subrogation to certain rights of recovery of an insured; to provide that certain persons shall be en titled to benefits; to provide that the insurer of a motor vehicle with respect to which security is required shall pay basic no-fault benefits without regard to fault for economic loss resulting from certain in juries; to provide that certain persons shall not be entitled to benefits; to provide for the payment of basic and optional excess no-fault benefits and the practices, procedures, qualifications and restrictions on such payments; to provide for the discharge of the insurer's liability under certain conditions; to provide for priority of applicable policies; to provide for collateral sources of indemnity; to provide for the basis for payment of motor vehicle liability insurance; to provide that certain secured persons shall be exempt from liability to pay damages for cer tain losses; to provide for the insurer's right of subrogation and the practices, procedures, qualifications and restrictions on such right; to provide for liens; to provide for the equitable allocation of losses among insurers and the practices and procedures in connection therewith; to provide for arbitration; to provide for the periodic payments of basic no-fault benefits; to provide for penalties and interest; to provide that certain agreements or assignment of rights to benefits are unenforce able; to provide that certain basic no-fault benefits are exempt from garnishment, attachment, execution or any other process or claim to certain extents; to provide for the limitation of actions; to provide for physical examinations and the costs thereof; to provide for the discovery of certain facts about an injured person; to provide that certain courts may enter an order for discovery; to provide for an assigned claims plan and the organization, maintenance and participa tion in such plan; to provide for the practices and procedures connected with such plan; to provide for rules and regulations; to provide for property damage protection; to provide for tort liability exemptions; to provide for subrogation of insurers; to provide for full and basic coverages for accidental property damage; to provide for collision or limited collision coverage for accidental property damage; to provide for actions of tort for property damage and the practices, procedures, qualifications, exemptions and restrictions connected therewith; to pro vide for mandatory reduction of certain insurance rates; to provide for the filing of proposed forms, manuals, rules, rates and rating plans

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with the Insurance Commissioner for approval; to provide for hearings; to provide for the issuance of orders by the Insurance Commissioner; to provide for appeals; to provide for endorsements; to provide that nothing in this Act shall be construed as diminishing, amending or repealing any powers vested in the Insurance Commissioner to regulate the business of insurance; to provide that the Insurance Commissioner and the Commissioner of the Department of Public Safety shall adopt certain rules and regulations; to provide for other matters relative to the foregoing; 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. Short Title. This Act shall be known and may be cited as the "Georgia Motor Vehicle Accident Reparations Act."

Section 2. Definitions. As used in this Act:

(a) "Accidental bodily injury" means bodily injury, sickness or dis ease, including death at any time resulting therefrom, arising out of the operation, maintenance or use of a motor vehicle which is accidental as to the person claiming basic no-fault benefits. Bodily injury is acci dental as to the claimant unless sustained intentionally by the person injured or caused intentionally by the claimant.

(b) "Basic no-fault benefits" means benefits for economic loss resulting from accidental bodily injury. The maximum amount of basic no-fault benefits payable for all economic loss resulting from accidental bodily injury to any one person as the result of any one accident not to exceed ten thousand ($10,000.00) dollars, regardless of the number of persons entitled to such benefits or the number of insurers obligated to pay such benefits. Basic no-fault benefits consist of one or more of the following elements only:

(1) reasonable and necessary medical expenses and rehabilita tion expenses:

(2) work loss or survivors' loss not to exceed two thundred ($200.00) dollars per week; and

(3) funeral and burial expenses not in excess of twenty-five hundred ($2,500.00) dollars.

(c) "Basic no-fault insurer" means an insurer or a qualified selfinsurer.

(d) "Dependent survivors" of a deceased injured person include the following survivors only:

(1) the surviving spouse; and

(2) other persons receiving support from the deceased at the time of his death which would qualify them as dependents of the

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deceased for federal income tax purposes under the Internal Revenue Code.

The dependency of a surviving spouse shall terminate upon remar riage. The dependency of any other person shall continue only so long as such person is under the age of eighteen (18) years or physically or mentally incapacitated from earning or engaged full time in a formal program of academic or vocational education or training.

(e) "Economic loss" means one or more of the following:

(1) medical expenses and reasonable and necessary rehabilita tion expenses; and

(2) work loss, survivors' loss, and funeral and burial expenses.

(f) "Injured person" means a person who sustains accidental bodily injury.

(g) "Medical expenses" means reasonable expenses incurred by an injured person for necessary medical, surgical, x-ray, dental or hos pital and professional nursing services, when authorized by an attending physician. Medical expenses include expenses incurred for services ren dered by any person licensed to practice a healing art and any remedial treatment and care rendered in accordance with a recognized religious healing method. The words "incurred by" shall include medical expenses incurred on behalf of an injured person by (i) a parent or guardian if the injured person is a minor or incompetent, or (ii) a surviving spouse if the injured person be deceased, or (iii) the estate of the deceased.

(h) "Motor vehicle" means a vehicle having more than three load bearing wheels, of a kind required to be registered under the laws of this State relating to motor vehicles designed primarily for operation upon the public streets, roads and highways, and driven by power other than muscular power, and includes a trailer drawn by or attached to such a vehicle.

(i) "Noneconomic loss" means, pain, suffering, inconvenience and other nonpecuniary damage recoverable under the tort law of this State.

(j) "Occupying" means to be in or upon a motor vehicle or engaged in the immediate act of entering into or alighting from the motor vehicle.

(k) "Operation, maintenance or use of a motor vehicle" means oper ation, maintenance or use of a motor vehicle as a vehicle. Operation, maintenance or use of a motor vehicle does not include (i) conduct with in the course of a business of repairing, servicing, or otherwise main taining motor vehicles unless the conduct occurs off the business prem ises, or (ii) conduct in the course of loading and unloading the vehicle unless the conduct occurs while occupying it.

(1) "Owner" means the person in whose name the motor vehicle

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119

has been registered. If no registration is in effect at the time of an accident involving the motor vehicle, "owner" means the person who holds the legal title thereto, or in the event the motor vehicle is the subject of a security agreement or lease with option to purchase with the debtor or lessee having the right to possession, "owner" means the debtor or lessee.
(m) "Pedestrian" means any person not occupying a motor vehicle or a motorcycle or not in or upon a vehicle operated on stationary rails or tracks or an aircraft.
(n) "Relative" means a person related to the owner by blood, mar riage or adoption and residing in the same household as the owner. A person resides in the same household if he usually makes his home in the same family unit, even though he temporarily lives elsewhere.

(o) "Secured motor vehicle" means a motor vehicle with respect to which the security required by this Act was in effect at the time of the accident resulting in such injury.
(p) "Secured person" means the owner, operator or occupant of the secured motor vehicle, and any other person or organization legally responsible for the acts or omissions of such owner, operator or ccupant.

(q) "Serious injury" means an accidental bodily injury which results in death, dismemberment, significant permanent and irreparable dis figurement, serious permanent disability, or medical expenses in excess of one thousand ($1,000.00) dollars. An injured person who is furnished the services described in Section 2 (g) without charge or at less than the average reasonable charge therefor in this State shall be deemed to have sustained a serious injury if the. fair and reasonable value of such services exceeds one thousand ($1,000.00) dollars.
(r) "Survivors' loss" means loss sustained after an injured person's death by his dependent survivors during their dependency and consisting of the loss of the contributions they would have received for their sup port from the decedent out of income from work he would normally have performed had he not died and expenses reasonably incurred by his dependent survivors in obtaining ordinary and necessary services from others not members of the decedent's household in lieu of the services he would have performed for the benefit of his household.

(s) "Work loss" means all (i) loss of income from work an injured person who would normally be employed in gainful activity during the period of his disability, would have performed had he not been injured, reduced by any income from substitute work actually performed by the injured person or by income the injured person would have earned in available appropriate substitute work which he was capable of perform ing but unreasonably failed to undertake and (ii) expenses reasonably incurred in obtaining ordinary and necessary services from others not members of the injured person's household in lieu of those that the injured person would have performed had he not been injured, not for income but for the benefit of himself or his family. Work loss does not include any loss after the death of an injured person.

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Section 3. Security Requirements, (a) The owner of a motor ve hicle required to be registered in this State shall provide and continu ously maintain throughout the registration period security in accordance with this Act for payment of basic no-fault benefits for economic loss and the liabilities covered under motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety respon sibility laws of this State. At the time of registration, the owner of a motor vehicle required to be registered in this State shall certify on an appropriate form approved by the Commissioner of the Department of Public Safety that he has and will maintain security continuously during the period of registration. The owner of a motor vehicle not required to be registered in this State shall maintain such security in effect continuously throughout the period of its operation, maintenance or use as a motor vehicle within this State.

(b) The security required by this Act may be provided by a policy of insurance complying with this Act issued by an insurer authorized to transact business in this State, or, if the vehicle is registered in another state, by a policy of insurance issued by an insurer authorized to transact business in either this State or the state in which the vehicle is registered.

(c) Subject to approval of the Commissioner of the Department of Public Safety, the security required by this Act may be provided by self-insurance by filing with the Commissioner in satisfactory form:

(1) a continuing undertaking by the owner or other appropriate person to pay basic no-fault benefits and the liabilities covered by motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this State, and to perform all other obligations imposed by this Act;

(2) evidence that appropriate provision exists for the prompt and efficient administration of all claims, benefits, and obligations provided by this Act; and

(3) evidence that reliable financial arrangements, deposits or commitments exist providing assurance for payment of basic nofault benefits and the liabilities covered by motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this State, and all other obligations imposed by this Act substantially equivalent to those afforded by a policy of insurance that would comply with this Act. A person who provides security under this subsection is a self-insurer, and shall have all of the rights and obligations of an insurer under this Act.

(d) The owner of any motor vehicle required to be registered in this State who operates it or permits it to be operated in this State when he knows or should know that he has failed to comply with the requirement that he provide security under this Act shall have his

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operator's license and his motor vehicle registration revoked or sus pended in accordance with procedures established therefor under the motor vehicle safety responsibility law of this State until he shall provide the security required by this Act, and obtains a release from any other person who sustained injuries.

(e) An owner of a motor vehicle with respect to which security is required who fails to have such security in effect at the time of an
accident shall be punished as a misdemeanor with a fine of not more than five hundred ($500.00) dollars or imprisonment not to exceed 60 days or both, and shall be personally liable at law for payment of basic no-fault benefits, and shall have all the rights and obligations of an insurer under this Act.

(f) Any motor vehicle liability policy issued by an insurer covering motor vehicles required to be registered in this State and any policy of insurance which purports to provide coverage for basic no-fault benefits for economic loss or is sold with the representation that it fulfills the requirements of a security as required by this Act is deemed to include all coverages required by this Act. Benefits payable under such policies for automobile medical payments coverage and uninsured motorist cover age may be excess over any benefits required by this Act and available in such policies. All such policies of insurance shall conform to and be subject to the provisions of Code Section 56-2430.1, relating to cancel lations and nonrenewals, as amended.

(g) As a condition of its continued transaction of such business within this State every insurance company authorized to transact the business of motor vehicle liability insurance in this State shall file with the Insurance Commissioner a form approved by the Insurance Com missioner declaring that its motor vehicle liability policies wherever issued shall be deemed to provide the security required by this Act when the vehicle is operated in this State.

Section 4. Optional Excess No-Fault Benefits. Each basic no-fault insurer of the owner of a motor vehicle required to be registered in this State shall also make available excess no-fault benefits for eco nomic loss, commencing upon the exhaustion of basic no-fault benefits, of fifty thousand ($50,000.00) dollars inclusive of basic no-fault benefits for accidental bodily injury to any one person in any one accident. Nothing contained herein shall prevent any insurer from also offering benefits and limits other than those prescribed, and it shall be the sole right of the applicant for optional excess no-fault benefits. Each basic no-fault insurer shall be permitted to incorporate in such optional excess no-fault coverage such terms, conditions, and exclusions as may be approved by the Insurance Commissioner consistent with the premiums charged. The amounts payable under optional excess no-fault benefits may be duplicative of benefits received from any collateral sources or may be written in excess of such collateral source benefits, or may provide for reasonable waiting periods, deductibles or coinsurance pro visions.

Section 5. Persons Entitled to Benefits. The insurer of a motor vehicle with respect to which security is required shall pay basic nofault benefits without regard to fault for economic loss resulting from:

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(a) accidental bodily injury sustained within the United States of America, its territories or possessions or Canada by the owner or any relative of the owner while occupying any motor vehicle, or while a pedestrian as the result of being struck by a motor vehicle;

(b) accidental bodily injury sustained by any other person while occupying the owner's motor vehicle if the accident occurs within the United States of America, its territories or possessions or Canada; and

(c) accidental bodily injury sustained by any other person as a result of being struck by the owner's motor vehicle while a pedestrian in this State.

Section 6. Persons Not Entitled to Benefits. Basic no-fault benefits shall not be payable to or on behalf of any person who sustains acci dental bodily injury while:

(a) occupying a motor vehicle known by him to be stolen; or

(b) occupying a motor vehicle owned by such person which is not insured for the benefits required by this Act unless solely occasioned by the failure of the liability insurer of such owner to file a form pur suant to subsection (g) of Section 3 of its Act and to provide the basic no-fault benefits required by this Act.

Section 7. Payment of Basic and Optional Excess No-Fault Ben efits. Basic and optional excess no-fault benefits are payable at the option of the insurer (a) to the injured person; (b) if the injured person be a minor or incompetent, to his parent or guardian; (c) if the injured person be deceased, to his surviving spouse, otherwise to his heirs, or legal representatives.

Section 8. Priority of Applicable Policies, (a) The basic no-fault insurance applicable to accidental bodily injury to which this Act applies is the insurance on the motor vehicle occupied by the injured person at the time of the accident or, if the injured person is a pedestrian, the. insurance on the motor vehicle which struck such pedestrian. If the insurer providing insurance on such motor vehicle fails to make payment for economic loss within twenty (20) days after receipt of reasonable proof of the fact and the amount of loss sustained, the in jured person shall be entitled to payment under any other basic no-fault insurance applicable to the injured person, and the insurer making such payments shall be entitled to full reimbursement from the insurer of such motor vehicle.

(b) If there is no such insurance on such vehicle, or if the injured person cannot identify the insured of such vehicle, any other basic nofault insurance applicable to the injured person shall apply.

Section 9. Collateral Sources of Indemnity. A basic no-fault in surer shall have the primary obligation to indemnify for economic loss because of accidental bodily injury arising out of the operation, main tenance or use of a motor vehicle; provided, that the amount of all ben-

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efits a claimant recovers or is entitled to recover under any workmen's compensation act because of accidental bodily injury shall be subtracted from the basic no-fault benefits otherwise payable for the injury.

Section 10. Motor Vehicle Liability Insurance; Basis for Payment. Motor vehicle liability insurance applies to the amounts which the owner or insured is legally obligated to pay as damages because of acci dental bodily injury and accidental property damage arising out of the ownership, maintenance, operation or use of a motor vehicle, if the acci dent occurs within the United States of America, its territories or pos sessions or Canada. Motor vehicle liability insurance shall afford limits of liability not less than those equivalent to that required under the financial responsibility laws of this State. The insurer may include within the terms and conditions applicable to motor vehicle liability insurance such provisions as it customarily applies to motor vehicle liability insurance, not inconsistent with this Act.

Section 11. Secured Person Exemption. In any action against a secured person to recover damages because of accidental bodily injury arising out of the ownership, operation, maintenance or use of a secured motor vehicle in this State, the secured person shall be exempt from liability to pay damages for:

(a) noneconomic loss unless the injury is a serious injury as de fined in subsection (q) of Section 2 of this Act;

(b) economic loss to the extent of all basic no-fault benefits paid or to become payable for such injury under this Act or which would be payable but for the deduction specified in Section 9.

Section 12. Insurer's Right of Subrogation. A basic no-fault in surer or self insurer which has paid or may become obligated to pay basic no-fault benefits under this Act shall be subrogated to the extent of its obligations to all of the rights of the injured person against any person or organization other than a secured person. Upon giving notice to the persons or organization claimed to be liable for the injuries or damages, the subrogee shall have a lien to the extent of its obligations, and no release of such rights shall be effective against such rights with out the subrogee's consent. The secured person shall be entitled to reimbursment for any expenses of litigation.

Section 13. Equitable Allocation of Losses Among Insurers. A basic no-fault insurer shall have a right to recover basic no-fault ben efits paid to or for the benefit of an injured person from the liability insurer of a second person if (a) the injured person has sustained a serious injury, or (b) the amount of such benefits exceeds one thousand five hundred dollars ($1,500.00) or (c) the injury results from an acci dent involving two or more motor vehicles, at least one of which is a motor vehicle weighing more than 5,500 pounds unloaded. The right of recovery and the amount thereof shall be determined on the basis of tort law without regard to Section 10 by agreement between the in surers involved, or, if they fail to agree, by binding inter-company arbitration under procedures approved by the Insurance Commissioner. The amount of recovery under this Section shall not exceed the limits

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of liability of the secured person's motor vehicle liability insurance policy or other security, reduced by the amount of liability for tort claims against the secured person covered by the policy or other security.

Section 14. Basic No-Fault Benefits Payable Periodically. Basic no-fault benefits shall be payable monthly as loss accrues. Such ben efits are overdue if not paid within thirty (30) days after the insurer receives reasonable proof of the fact and the amount of loss sustained. If reasonable proof is not supplied as to the entire claim, the amount supported by reasonable proof is overdue if not paid within thirty (30) days after such proof is received by the insurer. Any part or all of the remainder of the claim that is later supported by reasonable proof is overdue if not paid within thirty (30) days after such proof is received by the insurer. For the purpose of calculating the extent to which any benefits are overdue, payment shall be treated as made on the date a draft or other valid instrument was placed in the United States mail to the last known address in a properly addressed, postpaid envelope, or, if not so posted, on the date of delivery. Basic no-fault payments may be paid by the insurer directly to persons supplying necessary prod ucts, services or accommodations to the claimant. All overdue payments shall bear simple interest at the rate of one and one-half percent (1%%) per month.

Section 15. Assignment of Benefits. An agreement for assignment of any right to benefits payable in the future is unenforceable, except medical expense to the extent the benefits are for the cost of products, services, or accommodations provided or to be provided by the assignee.

Basic no-fault benefits other than those for medical expense are exempt from garnishment, attachment, execution, and any other process or claim to the extent that wages or earnings are exempt under any applicable law exempting wages or earnings from process or claims.

Section 16. Limitation of Actions, (a) If no basic or excess nofault benefits have been paid for loss arising other than from death, an action therefor may be commenced not later than two (2) years after the injured person suffers the loss and either knows, or in the exercise of reasonable diligence should know, that the loss was caused by the accident, or not later than four (4) years after the accident, whichever is earlier. If basic or excess no-fault benefits have been paid for loss arising other than from death, an action for recovery of further benefits, other than survivors' loss benefits, by either the same or another claim ant, may be commenced not later than two (2) years after the last payment of benefits.

(b) If no basic or excess no-fault benefits have been paid to the decedent or his survivors, an action for survivors' loss benefits may be commenced not later than one (1) year after the death or four (4) years after the accident from which death results, whichever is earlier. If survivors' loss benefits have been paid to any survivor, an action for recovery of further survivors' loss benefits by either the same or an other claimant, may be commenced not later than two (2) years after the last payment of benefits. If basic or excess no-fault benefits have been paid for loss suffered by an injured person before his death re-

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suiting from the injury, an action for recovery of survivors' loss ben efits may be commenced not later than one (1) year after the death or four (4) years after the last payment of benefits, whichever is earlier.

(c) Except as subsections (a) or (b) prescribe a longer period, an action by a claimant on an assigned claim which has been timely presented may be commenced not later than one (1) year after the claimant receives written notice of rejection of the claim by the in surer to which it was assigned.
Section 16A. Evidence of Payments. In any action in which the defendant, his insurer or any other person has made a payment to, or or personal representative, to recover damages for personal injuries, for said payment shall not be admissible in evidence or as an admission against liability in any action brought by the claimant, his survivors or personal reprsentative, to recover damages for personal injuries, for the wrongful death of another, or for property damage or destruction.
Section 17. Physical Examinations. Whenever the physical condition of a person is material to any claim that has been or may be made for past or future basic or excess no-fault benefits, the person shall submit to physical examination by a physician or physicians designated by the insurer at a reasonably convenient location, the cost of which shall be paid by the insurer requesting the examination. Insurers are authorized to include reasonable provisions of this nature in policies providing basic or excess no-fault benefits.
Section 18. Discovery of Facts About an Injured Person, (a) If a written request is made by an insurer against whom a claim has been made, every claimant or the claimant's employer, with the claimant's consent, shall furnish forthwith, in a form approved by the Commis sioner of Insurance, a sworn statement of earnings since the time of the accidental bodily injury and for a twelve-month period before the injury, of the person upon whose injury the claim is based.

(b) With written consent of the claimant, if requested in writing to do so by the insurer against whom the claim has been made, every physician, coroner, medical officer, hospital, clinic or other medical institution providing any products, services or accommodations before or after an accidental bodily injury upon which a claim for basic or excess no-fault benefits is based, in relation to the injury or in relation to a condition claimed to be connected with the injury, shall, (1) furnish forthwith a written report of the history, condition, treatment, and dates and costs of such treatment of the injured person, (2) produce forthwith and permit the inspection and copying of his or its records regarding such history, condition, treatment, and dates and costs of treatment, and (3) furnish forthwith any autopsy reports, in the event an autopsy has been performed.

(c) In the event of any dispute regarding an insurer's right to dis covery of facts about an injured person's earnings or about history, condition, treatment, and dates and costs of such treatment, a court of record may enter an order for such discovery as justice requires.

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Section 19. Assigned Claims Plan, (a) Insurers and qualified selfinsurers authorized to provide basic no-fault benefits in this State are hereby directed to organize, participate in and maintain an assigned claims plan, and upon their failure to do so the Insurance Commissioner shall establish a plan by regulation to provide that any person who suffers economic loss as a result of any accidental bodily injury arising out of the operation, maintenance or use of a motor vehicle in this State, other than those persons not entitled to benefits under Section 6 of this Act, may obtain basic no-fault benefits through said plan if:

(1) basic no-fault benefits are not applicable to the injury for some reason other than those specified in Section 6 of this Act; or

(2) basic no-fault benefits applicable to the injury are inade quate to provide the contracted-for benefits because of financial inability of an insurer to fulfill its obligations. Payments made by the assigned claims plan pursuant to this subsection shall consti tute covered claims under the Georgia Insurance Insolvency Pool Act (Ga. Laws 1970, p. 700).

(b) If a claim qualifies for assignment under this Section, the as signed claims plan or any insurer to whom the claim is assigned shall be subrogated to all of the rights of the claimant against any insurer, its successor in interest or substitute, legally obligated to provide basic nofault benefits to the claimant, for basic no-fault benefits provided by the
assignment.

(c) The assigned claims plan shall contain such rules and regulations for the operation of the plan and for the equitable distribution of costs as shall be approved or promulgated by the Insurance Commissioner. Any claim brought through the plan shall be assigned to an insurer in ac cordance with such regulations, and that insurer, after such assignment, shall have the rights and obligations it would have and if prior to such assignment it had issued a policy providing basic no-fault benefits ap plicable to the loss. Any person accepting such benefits hereunder shall have such rights and obligations as he would have had under a policy is sued to him providing basic no-fault benefits.

Section 20. Property Damage Protection; Tort Liability Exemption; Subrogation by Insurers, (a) The owner of a private passenger motor vehicle may elect to purchase either collision or limited collision coverage or may elect not to purchase coverage for accidental property damage to his motor vehicle.

(b) Every insurer providing security under this Act shall offer the owner either collision or limited collision coverage for accidental property damage, including coverage for the loss of use thereof, to the insured motor vehicle as follows:

(1) Collision coverage shall provide insurance without regard to fault for accidents occurring within the United States, its ter ritories or possessions or Canada.

(2) Limited collision coverage shall provide insurance against

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damage caused by the fault of another resulting from contact between the insured vehicle and any other motor vehicle.

(c) The insurer may include within the terms and conditions ap plicable to collision coverages such other provisions as it customarily ap plies to collision coverage in other states, including deductibles without limitation.

(d) Every owner, registrant, operator or occupant of a private pas senger motor vehicle with respect to which collision or limited collision coverage has been provided, and every other person or organization legally responsible for the acts or omissions of such an owner, registrant, operator or occupant, is hereby exempted from tort liability for damages because of accidental property damage to other private passenger motor vehicles arising out of the ownership, operation, maintenance or use of such motor vehicle in this State. However, a person or organization shall not be exempt from such liability

(1) if he was operating the motor vehicle without the express or implied consent of its owner or an insured under the owner's policy,

(2) if his willful and wanton misconduct was the proximate cause of such property damage,

(3) if the owner of the secured motor vehicle damaged by such owner or operator had elected not to insure for accidental prop erty damage to his motor vehicle,

(4) if the damage is to a parked vehicle, or

(5) to the extent that the owner's collision or limited collision coverage for accidental property damage did not cover the owner's loss to his insured motor vehicle.

(e) Notwithstanding subsection (d) above, the insurer of an owner who has elected to purchase collision or limited collision coverage for property damage to his private passenger motor vehicle

(1) may maintain an action of tort for collision benefits paid its insured against the owner, registrant, operator or occupant of a motor vehicle if the owner of such vehicle had elected not to insure for collision or limited collision coverage for accidental property damage to such owner's motor vehicle and, on behalf of its insured, any deductible amount; and

(2) shall have the right, if the damage to such insured's motor vehicle exceeds five hundred dollars, to recover the amount it has paid in excess of five hundred dollars from the insurer of the owner, registrant, operator or occupant of a private passenger motor vehicle causing such damage. Issues of liability under this subsection and the amount of recovery shall be decided upon the basis of tort law, and shall be determined by agreement between the insurers involved, or,

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if they fail to agree, by binding inter-company arbitration procedures promulgated by the Insurance Commissioner.

(f) Nothing in this Section shall prevent the insurer of an owner who has elected to purchase collision or limited collision coverage from subrogating against the owner, registrant, operator or occupant, and any person or organization responsible, of any motor vehicle other than a private passenger motor vehicle to recover the amount of benefits it has paid its insured under such collision coverage and, on behalf of its insured, any deductible amount.

Section 21. Mandatory Reduction of Insurance Rates. Notwithstand ing any other provision of law, all insurers issuing insurance coverage under this Act shall comply with the following provisions:

(a) Within sixty (60) days after the effective date of this Act, each insurer shall file its proposed forms, manuals, rules, rates and rating plans with the Insurance Commissioner for such approval as is required by law. Rates for required coverage under this Act after the effective date of Sections 1 through 21 of this Act shall not exceed the rates for required financial responsibility coverage reduced by each insurer by not less than fifteen (15%) percent, calculated as a percentage of the combined required financial responsibility rate of such insurer in effect on March 8, 1974. Rates for medical payments coverage and uninsured motorists coverage shall not exceed each insurer's effective rate on file with the Insurance Commissioner as of March 8, 1974, reduced by not less than fifty (50%) percent. These rates shall remain in effect for a period of one year and there shall be no exception to the requirements of this provision unless the Insurance Commissioner shall find, after hearing upon written request of an insurer, that the use of the rates required herein by any insurer will result in rates which are inadequate to the extent that such rates jeopardize the solvency of the insurer required to use such rates. Such insurer shall have the burden of showing that the use of the re quired rate will result in rates which are inadequate to the extent that such rates jeopardize its solvency. Upon conclusion of any hearing held pursuant to this Section, the Insurance Commissioner shall enter his Order specifying the rates required to be used by the insurer. The pro visions of Chapter 56-2 of the Georgia Code of 1933, as amended, shall apply to hearings held under this Section.

(b) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Com missioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Act. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of eight (8%) percent per annum.

(c) Any motor vehicle liability policies in force on March 1, 1975, and thereafter, shall reflect by endorsement any reduction in rates for all motor vehicle coverage as filed by the insurer and such reduction shall be computed on a pro rata basis for the remaining term of said policy. Such endorsement may be issued at the renewal date of the policy or the termination of the policy. Any return premium shall be credited to the

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renewal policy, or if the policy is terminated the return premium shall be refunded to the insured.

Section 22. Wrongful Death--Cause of Action Retained. Any other provision of this Act notwithstanding the right to sue for wrongful death is retained without regard to dependency as defined in this Act.

Section 23. Insurance Commissioner's Powers not Affected. Nothing in this Act shall be construed as diminishing, amending or repealing any powers vested in the Insurance Commissioner to regulate the business of insurance as defined in Code Title 56, as amended. It is expressly provided that all provisions of said Code Title shall be applicable to the conduct of insurers regulated by this Act, including, but not limited to, Section 56-317, pertaining to the suspension and revocation of certificates of authority, Section 56-317.1, pertaining to administrative fines for certain acts of officers, employees, agents and representatives of insurers, and Chapter 56-7, pertaining to unfair trade practices.

Section 24. Rules and Regulations. The Insurance Commissioner shall adopt rules and regulations necessary for the implementation of this Act with respect to insurers providing the security required herein. The Com missioner of the Department of Public Safety shall adopt rules and regula tions necessary for the implementation of this Act with respect to the maintaining of the security required herein.

Section 25. Severability and Constitutionality. If any provisions of this Act or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby, and it shall be conclusively presumed that the legislature would have enacted the remainder of this Act without such invalid or unconstitutional provision; provided, that if Section 11 is found to be unconstitutional or invalid, it shall be conclusively presumed that the legislature would not have enacted the remainder of this Act without such limitations and the entire Act shall be held invalid.

Senator Bell of the 5th moved that the Senate resolve itself into the Committee of the Whole for the purpose of considering HB 78.

On the motion, the ayes were 8, nays 30; the motion was lost, and the Senate did not resolve itself into the Committee of the Whole.

Senator Smith of the 34th moved that HB 78 be postponed until Tuesday, January 22, 1974 at 10:30 A.M.

Senator Smalley of the 28th moved the previous question on HB 78, the com mittee substitute and all amendments.

JOURNAL OF THE SENATE, Senator Smith of the 34th moved that the Senate do now adjourn.
The President stated that the motion to adjourn takes precedence.
On the motion to adjourn, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Cleland Coverdell Cox Eldridge

Pincher Howard Hudgins Johnson Langford

Smith Button Tysinger Ward

Those voting in the negative were Senators:

Ballard Barker Broun of 46th Brown of 47th
Carter Dean Doss Duncan Garrard Gillis Hamilton Henderson Herndon Hill

Holley Holloway Jackson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Starr Stephens Summers Thompson Warren Wasden Webb Young Zipperer

Not voting was Senator Coggin.

On the motion, the ayes were 14, nays 41; the motion was lost, and the Senate did not adjourn.

On the motion previously made by Senator Smalley of the 28th calling for the previous question, the ayes were 39, nays 1; the motion prevailed, and the previous question was ordered.

Senators Dean of the 6th and Ballard of the 45th offered the following amend ment:

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Amend HB 78 by adding in the title on line 34 of Page 3, between the word and symbol "regulations;" and the word "to", the following:

"to provide for certain annual reports by vehicle insurers; to provide for rebates of increased profits by vehicle insurers under cer tain conditions;".

By adding, between Sections 24 and 25, a new Section to be designated Section 24A to read as follows:

"Section 24A. For the two calendar years immediately follow ing the effective date of this Act, every insurer dealing in vehicle insurance in this State shall file annual reports with the Insurance Commissioner at a time specified by the Commissioner showing in creased profits, if any, over the preceding twelve-month period. The percentage of profits in each year which is greater than the average annual percentage of profits for such insurer in the years 1969 through 1973 shall be deemed 'increased profits.' The Commissioner shall determine if the increased profits are correctly reported by each insurer. Such insurers shall, in such manner as the Commissioner may prescribe, rebate all increased profits to policyholders pro rata."

On the adoption of the amendment, the ayes were 47, nays 4, and the amend ment was adopted.

Senator Ballard of the 45th offered the following amendment:
Amend the committee substitute to HB 78 by striking the word "amending" in Section 23, Page 25, line 1.
On the adoption of the amendment, the ayes were 48, nays 3, and the amend ment to the committee substitute was adopted.
Senators Starr of the 44th and Skene of the 27th offered the following amend ment:
Amend the committee substitute to HB 78 by striking Section 25 in its entirety and inserting in lieu thereof a new Section 25, to read as follows:
"Section 25. Severability and Constitutionality. If any provisions of this Act or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this Act and the application of such provision to other persons or cir cumstances shall not be affected thereby, and it shall be conclusively presumed that the legislature would have enacted the remainder of this Act without such invalid or unconstitutional provision."

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On the adoption of the amendment, the ayes were 43, nays 8, and the amend ment to the committee substitute was adopted.

Senator Smalley of the 28th offered the following amendment:
Amend the committee substitute to HB 78 by striking Section 12 in its entirety and subsection (e)l, of Section 20 and renumbering the remaining Sections accordingly and by conforming the caption.

On the adoption of the amendment, the ayes were 46, nays 4, and the amend ment to the committee substitute was adopted.

Senator Warren of the 43rd offered the following amendment:
Amend the committee substitute to HB 78 by striking paragraph 3 from Section 20 (d), beginning on line 31, of Page 21, in its entirety.
By striking paragraph 4 from Section 20 (d), beginning on line 1, of Page 22, in its entirety.
By striking paragraph 5 from Section 20 (d), beginning on line 2, of Page 22, in its entirety.
By striking from subsection (e) of Section 20 the following:
"(1) may maintain an action of tort for collision benefits paid its insured against the owner, registrant, operator or occupant of a motor vehicle if the owner of such vehicle had elected not to insure for collision or limited collision coverage for accidental property damage to such owner's motor vehicle and, on behalf of its insured, any deductible amount; and
(2)".
And by adding on Page 21, line 11 after section (2) a new section:
"(3) If the applicant for insurance chooses to reject collision coverage without regard to fault he must indicate so by signing a proper statement of rejection which shall be printed in a prominent place on the face of said application for insurance."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker

Coverdell Cox

Dean Howard

Hudgins Jackson Lester

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133

Rowan Smith Sutton

Warren Wasden

Those voting in the negative were Senators:

Bell Broun of 46th Brown of 47th Carter Cleland Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon

Hill Holley Holloway Johnson Kennedy Kidd Langford London McDuffie McGill Moore Overby Parker Reynolds

Riley Salter Skene Smalley Starr Stephens Summers Thompson Tysinger Ward Webb Young Zipperer

Not voting was Senator Coggin.

On the adoption of the amendment, the ayes were 14, nays 41, and the amend ment to the committee substitute was lost.
Senator Holloway of the 12th offered the following amendment:
Amend the committee substitute to HB 78 by striking from subsection (s) of Section 2, on line 4 of Page 8 the following:
"all".
By adding at the end of subsection (s) of Section 2, on line 18 of Page 8 the following:
"To the extent that wage loss benefits are not taxable income, income tax savings shall be subtracted. The amount of subtraction shall be 15%, but a lesser amount shall be subtracted if the claimant furnishes the insurer with a sworn affidavit that his income tax rate for Federal income tax purposes is less than 15% and the amount of such income tax rate."

On the adoption of the amendment, the ayes were 1, nays 43, and the amend ment to the committee substitute was lost.

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Senators Johnson of the 38th and Hudgins of the 15th offered the following amendment:

Amend the committee substitute to HB 78 by striking on P. 7, line 21 the words "one thousand" and inserting in lieu the words "five hundred" and by striking the figure "one thousand" on line 22.

And by striking on line 26, P. 7, the word "one" and inserting in lieu thereof the word "five".

And by striking on line 27, P. 7, the word "thousand" and the figure "($1,000.00") and inserting in lieu thereof the following:

"hundred ($500.00)"

On the adoption of the amendment, Senator Johnson of the 38th called for the ayes and nays, and the call was sustained.

The President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Cleland Cox Dean Duncan Eldridge Pincher Gillis Henderson

Hill Howard Hudgins Jackson . Johnson Kennedy Kidd Langford Lester London McDuffie McGill

Those voting in the negative were Senators:

Carter Coverdell Doss Garrard Hamilton Herndon

Holley Holloway Riley Smalley Smith Starr

Not voting was Senator Coggin.

Moore Overby Parker Reynolds Rowan Salter Skene Summers Sutton Ward Webb Young
Stephens Thompson Tysinger Warren Wasden Zipperer

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135

On the adoption of the amendment, the ayes were 37, nays 18, and the amend ment to the committee substitute was adopted.

Senators Dean of the 6th and Ballard of the 45th offered the following amend ment:
Amend the committee substitute to HB 78 by adding in the title on line 32 of Page 3, between the word and symbol "insurance;" and the word "to", the following:
"to provide for certain annual reports by vehicle insurers; to provide for rebates of increased profits by vehicle insurers under certain conditions;"
By adding, between Sections 23 and 24, a new Section to be desig nated Section 23A to read as follows:
"Section 23A. For the two calendar years immediately fol lowing the effective date of this Act, every insurer dealing in vehicle insurance in this State shall file annual reports with the Insurance Commissioner at a time specified by the Commissioner showing increased profits, if any, over the preceding twelve-month period. The percentage of profits in each year which is greater than the average annual percentage of profits for such insurer in the years 1&691 through 1973 shall be deemed 'increased profits'. The Commissioner shall determine if the increased profits are correctly reported by each insurer. Such insurers shall, in such manner as the Commissioner may prescribe, rebate all increased profits to policyholders pro rata."

On the adoption of the amendment, the ayes were 45, nays 3, and the amend ment to the committee substitute was adopted.

Senator Parker of the 31st offered the following amendment:
Amend the committee substitute to HB 78 by striking Section 26 beginning on line 1 of Page 26 in its entirety, and inserting in lieu thereof a new Section 26 to read as follows:
"Section 26. Effective date. This Act shall become effective on the 30th day following the date on which it is approved by the Gov ernor or otherwise becomes law without his approval."

On the adoption of the amendment, Senator Parker of the 31st called for the ayes and nays, and the call was sustained.

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The President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Carter Cleland Cox Dean Eldridge Fincher Garrard

Gillis Henderson Herndon Hudgins Jackson Langford London McDuffie Moore

Parker Salter Stephens Summers Button Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Bell Broun of 46th Brown of 47th Coverdell Doss Duncan Hamilton Hill Holley Holloway

Howard Johnson Kennedy Kidd Lester McGill Overby Reynolds Riley

Rowan Skene Smalley Smith Starr Thompson Tysinger Ward Warren

Not voting was Senator Coggin.

On the adoption of the amendment, the ayes were 27, nays 28, and the amend ment to the committee substitute was lost.

Senator Broun of the 46th offered the following substitute to the Committee Substitute to HB 78:
AN ACT
To be known as the "Georgia Motor Vehicle Accident Reparations Act"; to provide for a short title; to provide for minimum automobile insurance coverage; to provide for medical benefits; to provide for dis ability benefits; to provide for death benefits; to provide for payment of benefits; to provide for minimum and maximum policy limits and the establishment thereof; to provide for supplemental uninsured motorist benefits; to provide for correlation with uninsured motorist benefits; to provide for subrogation; to provide for practice and procedure; to provide for penalties; to provide for attorneys' fees; to provide for verdicts; to provide for arbitration; to provide for the establishment of minimum bene fit payments; to provide for mandatory reduction of insurance rates; to

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137

provide for definitions; to provide for proof of insurance; to provide for notices; to provide for broadened benefits; to provide for severability; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Short title.--This Act shall be known and may be cited as the "Georgia Motor Vehicle Accident Reparations Act".
Section 2. Minimum insurance coverage.--No owner of a motor vehicle registered in this State, other than self-insurers under this Act, shall operate or authorize any other person to operate such motor vehicle unless the owner has insurance on such vehicle providing the following minimum coverage:
(a) Indemnity from legal liability for bodily injury, death or prop erty damage arising out of the ownership, maintenance or use of the vehicle to the limit, exclusive of interest and costs, of at least ten thou sand dollars for any one person injured, twenty thousand dollars for personal injuries due to one accident and ten thousand dollars for property damage due to one accident, or to the limit of the financial responsibility law of this State, whichever is greater;
(b) Compensation to insured persons, without regard to fault, for:
(1) All reasonable expenses arising from a motor vehicle ac cident for necessary medical, surgical, dental, x-ray and rehabilita tive services, including prosthetic devices, and necessary ambulance, hospital, nursing services prescribed or authorized by the attending physician and funeral services, up to an aggregate minimum limit of $10,000.00 per person, except that payment for funeral services shall not exceed $2,500.00 per person; and
(2) The company must offer an aggregate limit of $50,000.00 per person which may be rejected, or reduced to not less than $10,000.00 per person, by written consent of the policyholder; and
(3) Loss of income or earnings during disability up to $200.00 per week; and

(4) Expenses reasonably incurred in obtaining ordinary and necessary services from others in lieu of services that, had he or she not been injured, the injured person would have performed, not for income but for the benefit of his household; provided, these benefits are not required to exceed $20.00 per day or to continue for a period in excess of one year; and

(5) In event of the death of the injured person, survived by a spouse or dependent minor child or children, compensation under (3) and (4) above shall be payable after such death as though the de ceased were alive but totally disabled, until the expiration of one year

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from the accident, such payment to be made to the spouse, if alive, otherwise to the person having legal custody of such child or children, for use of such spouse or custodian as though awarded as year's support for the spouse or children, or both;
(c) Compensation to insureds for damage to property, in or upon motor vehicles, and any other property damaged in an accident involving a motor vehicle, other than damage to the motor vehicle, with minimum limits of $10,000.00 for any one accident;
(d) Compensation for damage to the insured motor vehicle, without regard to fault, including loss of use of the motor vehicle, not to exceed the actual cash value of the vehicle at the time of the loss, and $15.00 per day, with a maximum of $300.00, for the loss of use of such motor vehicle; provided that benefits required under subsections (c) and (d) of this Section may be subject to deductibles at the written election of the policyholder.
Section 3. Definitions.--As used in this Act:
(a) The term "motor vehicle" shall include all land vehicles, pow ered by motor, other than motorcycles, designed to be used principally upon the public roads of this State;
(b) the term "insured" shall include, in addition to the insured named in the policy, his spouse and children if residing in the same household, the relatives of either if residents of the named insured's house hold, any pedestrian struck by the insured vehicle and any other person using or occupying the insured vehicle with the express or implied per mission of the named insured or his spouse. The term "insured" shall also include the named insured, spouse and any resident relative while a pedestrian or while entering into, occupying or alighting from or when struck by a motor vehicle;
(c) the term "motor vehicle accident" includes any occurrence arising from the operation, maintenance or use of a motor vehicle re sulting in accidental injury to or death of an insured;
(d) the term "total disability" means any period of time during which an insured is unable to substantially perform the duties required by his usual occupation, provided the disability commences within twelve months from the date on which the motor vehicle accident occurred;
(e) "owner" means the person in whose name the motor vehicle has been registered. If no registration is in effect at the time of an accident involving the motor vehicle, "owner" means the person who holds the legal title thereto, or in the event the motor vehicle is the subject of a security agreement or lease with option to purchase with the debtor or lessee having the right to possession, "owner" means the debtor or lessee.

Section 4. Benefits; periodic payment. (a) Payment of benefits required by this Act must be made period-

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139

ically on a monthly basis as expenses are incurred, or in the case of total disability as disability continues.

(b) Benefits for any period are overdue if not paid within thirty days after the company has received written proof of loss of the insured's claim within that period. In the event the company fails to pay such bene fits when due, the person entitled to such benefits may bring an action to recover them, and the company must show that its failure or refusal to pay was in good faith, otherwise the company shall be liable for a penalty not exceeding twenty-five percent of the amount due and reasonable at torneys' fees.

Section 5. Rights of action; injuries occurring outside State.--The provisions of this Act are not to be construed as abolishing or limiting any right of action of any person otherwise allowed by the laws of this State. When an insured receives injuries for which benefits are payable under this Act in any state or territory wherein the insured's right of action in tort against the responsible party has been limited or abolished, the responsible party shall be deemed an uninsured motorist to the extent of the limitations imposed by the state in which the injury occurs. In such case the insured may bring an action directly against the company in this State in which liability of the uninsured motorist and the amount of damages due the insured will be adjudicated: Provided, however, the company may apply as a setoff benefits otherwise paid under this Act. Further, any policy issued in compliance with this Act shall contain a provision which will conform the policy to provide any additional benefits and coverages required by the law of any state where the insured is in volved in a motor vehicle accident.

Section 6. Subrogation; verdicts.--In any suit for damages brought against a tortfeasor by or on behalf of a person eligible for benefits hereunder without regard to fault, those items of damages for which such benefits have been paid or are required to be paid shall be pleaded separately from other damages sought, and the verdict shall show what amount, if any, is awarded for each such item. The insurer's subrogation rights in the damages recovered shall be limited to those items so separate ly awarded, less the pro rata part of the attorneys' fees and court costs of the total recovery allocable to the amount subject to subrogation.

Section 7. Small claims; arbitration.
(a) All civil actions filed in this State seeking damages in tort for bodily injury resulting from a motor vehicle accident and in which the amount in controversy is less than $3,000.00, exclusive of interest and cost, shall be referred by the presiding judge to an arbitrator selected by the presiding judge from the membership of the State Bar of this State. The arbitrator so designated shall decide all issues in this case, according to rules and procedures fixed by the court. The court shall deter mine the amount of compensation and the procedure for compensating the arbitrator. The decision of the arbitrator shall be supported by written findings of fact and law.
(b) Either party may appeal from an award of the arbitrator to the court in which the case was pending under the following rules:

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(1) The party appellant shall make oath or affirmation that such appeal is not entered for the purpose of delay, but because he firmly believes injustice has been done;

(2) such party, his agent, or attorney shall pay all costs that may have accrued in such suit or action, provided, however, the court may waive the payment of said costs upon motion showing good cause;

(3) such appeal shall be entered and the cost paid within twenty days after the day of the entry of the award of the arbitrators on the official records of the court;

(4) the demand for appeal shall be by motion which shall allege a material error of law or a material error in the findings of fact, not supported by substantial evidence, or a manifestly unjust award;

(5) upon appeal the case shall be tried de novo as to the law and the fact; provided, however, the award made by the arbitrator shall be allowed to be introduced as a matter of evidence.

Section 8. Mandatory reduction of insurance rates.--Notwithstand ing any other provision of law, all insurers issuing insurance coverage under this Act shall comply with the following provisions:

(a) Within sixty (60) days after the effective date of this Act, each insurer shall file its proposed forms, manuals, rules, rates and rating plans with the Insurance Commissioner for such approval as is required by law. Rates for required coverage under this Act after the effective date of Sections of this Act shall not exceed the rates for required financial responsibility coverage reduced by each insurer by not less than fifteen (15%) percent, calculated as a percentage of the combined required fi nancial responsibility rate of such insurer in effect on March 8, 1974. Rates for medical payments coverage and uninsured motorists coverage shall not exceed each insurer's effective rate on file with the Insurance Commissioner as of March 8, 1974, reduced by not less than fifty (50%) percent. These rates shall remain in effect for a period of one year and there shall be no exception to the requirements of this provision, unless the Insurance Commissioner shall find after hearing upon written re quest of an insurer, that the use of the rates required herein by any insurer will result in rates which are inadequate to the extent that such rates (1) do not properly reflect the insurer's loss experience in Georgia or (2) jeopardize the solvency of the insurer required to use such rates. Such insurer shall have the burden of showing that the use of the required rate will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in Georgia or that their use would jeopardize its solvency. Upon conclusion of any hearing held pursuant to this Act, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The provisions of Code Chapter 56-2, as amended, shall apply to hearings held under this Act.
(b) Any insurer appealing from a final order of the Insurance Com missioner may continue to use its rates then in effect during the pendency

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of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the dif ference between the rates used by the insurer and that rate which would be lower as required by this Act. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of eight (8%) percent per annum.

(c) Any motor vehicle liability policies in force on March 1, 1975, and thereafter, shall reflect by endorsement any reduction in rates for all motor vehicle coverage as filed by the insurer and such reduction shall be computed on a pro rata basis for the remaining term of said policy. Such endorsement may be issued at the renewal date of the policy or the termi nation of the policy. Any return premium shall be credited to the renewal policy, or if the policy is terminated the return premium shall be refunded to the insured.
Section 9. Proof of insurance.--From and after January 1, 1975, no motor vehicle required to be insured under this Act shall be licensed by the State of Georgia until the owner has made satisfactory proof to the licensing authorities that there is in effect for the calendar year covered by the license tag the minimum insurance coverage required by this Act. In the event the insurance is revoked for any reason, such rev ocation shall not be effective until five (5) days after the insurer has notified the Department of Public Safety of the revocation of said in surance coverage.
Section 10. Penalties.--An owner who knowingly operates, or know ingly authorizes another to operate, a motor vehicle without effective in surance thereon as required by this Act shall be guilty of a misdemeanor, punishable as such.
Section 11. Severability.--If any provision of this Act or the ap plication thereof to any person or circumstance is held unconstitutional, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby and it shall be con clusively presumed that the legislature would have enacted the re mainder of this Act without such invalid or unconstitutional provision.

Section 12. Effective dates of this Act.--Sections 8 and 9 of this Act shall become effective October 1, 1974. All other provisions of this Act shall become effective March 1, 1975, and shall not apply to accidents or injuries occurring before said date.

Section 13. Repealer.--All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute to the committee substitute to HB 78, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker

Bell Broun of 46th

Brown of 47th Cleland

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Coverdell Cox Dean Doss Eldridge Fincher Hamilton Henderson Herndon Hill Howard Hudgins

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Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Rowan

Salter Smalley Smith Stephens Summers Sutton Tysinger Ward Webb Young Zipperer

Those voting in the negative were Senators:

Carter Duncan Garrard Gillis Holley

Holloway Jackson Moore Reynolds Riley

Skene Starr Thompson Warren Wasden

Not voting was Senator Coggin.

On the adoption of the substitute, the ayes were 40, nays 15, and the substitute offered by Senator Broun of the 46th to the committee substitute to HB 78 was adopted.

On the adoption of the committee substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Smalley Smith Stephens Summers Sutton Thompson Tysinger Ward Wasden Webb Young Zipperer

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143

Those voting in the negative were Senators:

Duncan Holley

Skene Starr

Warren

Not voting was Senator Coggin.

On the adoption of the substitute, the ayes were 50, nays 5, and the committee substitute was adopted by substitute.

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell
Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Dean Doss Duncan Eldridge Fincher
Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Summers Button Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative were Senators Langford and Parker.

Not voting was Senator Coggin.

On the passage of the bill, the ayes were 53, nays 2.

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

Senator Holley of the 22nd moved that HB 78 be immediately transmitted to the House.

On the motion, the ayes were 36, nays 0; the motion prevailed, and HB 78 was immediately transmitted to the House.

Senator Holley of the 22nd filed the following statement with the Secretary of the Senate:
"Mr. President:
I request that the Senate record on January 18, 1974, dealing with the vote on HB 78 (no fault insurance) reflect that I voted against all floor amendments to HB 78 and against all floor amendments to the Senate Banking and Finance Committee substitute to HB 78, so as to show my support, as chairman of the Senate Banking and Finance Committee of the committee substitute, without any floor amendments, as said substitute was unanimously voted "do pass" out of the Senate Banking and Finance Committee.

Further, that I voted for HB 78 by floor substitute only after the Senate Banking and Finance Committee substitute to HB 78 had been defeated and I was left with the choice of voting for HB 78, by floor substitute, or against any form of no fault insurance."

SB 430. By Senators Thompson of the 32nd and Henderson of the 33rd:
A bill to amend the "Uniform Act Regulating Traffic on Highways", as amended, so as to authorize, at the discretion of local authorities, the operation of certain motor vehicles and motorcycles in parades although such motor vehicles, motorcycles, and their operators and passengers do not meet the necessary requirements of Georgia law.

Senator Carter of the 14th offered the following amendment:
Amend SB 430 by inserting in line 3 of Page 2, after the word "persons", the following:
"The authorization for vehicles to be operated in parades as exceptions to otherwise required provisions of law shall extend to only such time as the vehicles shall be actually engaged in the parade and in the return to the marshalling area. At all times, such vehicles shall be operated by a person properly licensed to operate such vehicles."

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145

On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the ayes were 48, nays 0.

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

SB 448. By Senators Reynolds of the 48th and Holloway of the 12th:
A bill to amend the Uniform Act Regulating Traffic on Highways, ap proved January 11, 1954 (Ga. Laws 1953, Nov.-Dec., P. 556), as amended, so as to provide that the maximum speed limit upon any street or highway in this State shall not exceed 55 miles per hour.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun.of 46th Brown of 47th Carter Cleland Coverdell Cox Doss Duncan Garrard Gillis Hamilton Henderson Herndon Hill

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Summers Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Dean Eldrdige

London McDuffie

' Button

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Those not voting were Senators Ballard, Coggin and Pincher.

On the passage of the bill, the ayes were 48, nays 5.

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

The following resolution of the Senate was read and adopted:

SR 269. By Senator Jackson of the 16th: A resolution commending Mr. and Mrs. Irving Cooper.

Senator Holley of the 22nd 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, January 21,1974

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 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.

The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 497. By Senator Reynolds of the 48th:
A bill to provide for the confiscation and sale of certain articles of tangible personal property used in the commission of a felony; to provide for proceedings in the superior court; to provide for disposition of pro ceeds from a sale; to provide for other matters relevant thereto; to provide an effective date.
Referred to Committee on Special Judiciary.
SB 498. By Senators Gillis of the 20th, Holley of the 22nd and Zipperer of the 3rd:
A bill to amend Code Section 84-722, relating to dental college clinics, as amended, so as to provide that nothing in Code Chapter 84-7 shall prohibit regularly chartered dental colleges or dental departments of reputable colleges and universities from maintaining college clinics under the supervision of registered demonstrators.
Referred to Committee on University System of Georgia.
SB 499. By Senator Sutton of the 9th:
A bill to prohibit the reorganization or consolidation of public schools without approval at a referendum election; to require approval by a majority of the votes cast in each school attendance area affected; to prohibit the reorganization or consolidation of a public school if such reorganization or consolidation would cause any pupil to spend more than a certain number of hours in school including the time spent travel ing to and from school.
Referred to Committee on Elementary and Secondary Education.

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SB 500. By Senator London of the 50th:
A bill to amend an Act known as the "Electric Membership Corpora tions Act", as amended, so as to provide that directors of Electric Membership Corporations may be compensated for their services rendered on behalf of such corporations; to provide an effective date.
Referred to Committee on Public Utilities and Transportation.

SB 501. By Senator Jackson of the 16th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to exclude from the terms "retail sale" and "sale at retail" as used in said Act, sales of tangible personal property used in the restoration or reconstruction of certain historical sites.
Referred to Committee on Banking and Finance.

SB 502. By Senator Jackson of the 16th:
A bill to amend an Act designating public and legal holidays in the State of Georgia, as amended, so as to designate the month of February of each year as "American History Month" in the State of Georgia.
Referred to Committee on Business, Trade and Commerce.

SB 503. By Senators Lester of the 23rd, Thompson of the 32nd and Cox of the 21st:
A bill to amend an Act known as the "Litter Control Law", so as to change the penalty for littering.
Referred to Committee on Highways.

SB 504. By Senator Rowan of the 8th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", as amended, so as to provide for instruction to pupils who are married, a parent, or pregnant, whether married or unmarried; to provide for other matters relevant thereto; to provide an effective date.
Referred to Committee on Elementary and Secondary Education.

SR 267. By Senator Dean of the 6th:
A resolution relative to the proposed plan by the United States Secretary of Agriculture to increase tobacco production,
Referred to Committee on Agriculture.

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149

The following reports of standing committees were read by the Secretary:

Senator McGill of the 24th District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. President:
Your Committee on Agriculture 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 461. Do pass. SB 472. Do pass. SB 476. Do pass.
Respectfully submitted, McGill of 24th District, Chairman.

Senator Lester of the 23rd District, Chairman of the Committee on Institu tions and Mental Health, submitted the following report:
Mr. President:
Your Committee on Institutions and Mental Health has had under considera tion the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 184. Do pass. SB 222. Do pass as amended. SB 373. Do pass. SB 330. Do pass by substitute.
Respectfully submitted, Lester of 23rd District, Chairman.

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

SB 445. By Senator Salter of the 17th:
A bill to provide for the election of members of the Board of Education of Upson County; to provide that the Board of Education of Upson

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County shall consist of seven members; to provide for education dis tricts; to provide for initial and regular terms of office of members; to provide for the election of officers; to provide for the filling of vacan cies; to provide for the compensation of the members of the Board.

SB 477. By Senators Hudgins of the 15th and Jackson of the 16th:
A bill to amend Code Section 47-102, relating to State Senatorial Districts, as amended, particularly by an Act approved Oct. 14, 1971, (Ga. Laws 1971, Sept. - Oct. Ex. Sess., p. 69) and by an Act approved Mar. 16, 1972 (Ga. Laws 1972, p. 237) so as to change the provisions relative to certain Senatorial Districts; to provide an effective date.
SB 455. By Senator Thompson of the 32nd:
A bill to amend an Act creating a Department of Public Safety for Ga., approved Mar. 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to provide that in certain counties officers of the Department of Public Safety may render assistance to local authorities upon request of the chief officer of the county police force; to provide an effective date.
SB 469. By Senator Wasden of the 2nd:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved Jan. 11, 1954 (Ga. Laws 1953, Nov. - Dec. Sess., p. 556), as amended, particularly by an Act approved April 14, 1967 (Ga. Laws 1967, p. 542.), so as to provide that no person shall operate a motor vehicle while wearing certain devices.

SB 459. By Senator Broun of the 46th: A bill to amend an Act known as the "Georgia Firearms and Weapons Act", approved April 8, 1968, (Ga. Laws 1968, p. 983), so as to define the term "shotgun"; to change the definition of the term "sawed off shotgun"; to provide an effective date.
SB 429. By Senator Thompson of the 42nd: A bill to amend Code Section 79A-9915, so as to change the penalty pro visions relating to possession of marijuana.
SB 431. By Senator Thompson of the 32nd: A bill to amend Code Chapter 79A-99, as amended, so as to change the provisions relating to violations of the Uniform Narcotic Drug Act.

SR 79. By Senators Wasden of the 2nd, Tysinger of the 41st, Smith of the 34th and others:
A resolution proposing an amendment to the Constitution so as to pro-

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151

vide 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 rejec tion.

SR 246, By Senator Thompson of the 32nd:
A resolution proposing an amendment to the Constitution, so as to pro vide that a person sentenced to life imprisonment shall not be eligible for reprieve, pardon or parole, or commutation of penalty until he has served twenty-five years of his sentence; to provide for the submission of this amendment for ratification or rejection.

The following resolutions of the Senate and House were read and adopted:

SR 270. By Senator Brown of the 47th: A resolution expressing regret at the passing of Roy Thomas Lewis.

HR 480. By Messrs. Murphy of the 18th, Burruss of the 21st, Busbee of the 114th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing an address by Honorable Ben W. Fortson, Jr.

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

Senators Ballard of the 45th, Bell of the 5th, Brown of the 47th, Cox of the 21st, London of the 50th, Fincher of the 54th and Holley of the 22nd.

The Lieutenant Governor introduced as Chaplain The Reverend Frank Craton, pastor, Cloud Springs Baptist Church, Rossville, Georgia, who offered scripture reading and prayer.

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

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HB 170. By Mr. Greer of the 43rd:
A bill to fix the salaries of the Judges of the Criminal Court of Fulton County, and the Judges of the Juvenile Court, and the Judge of the Court of Ordinary of Fulton County; and to provide for the minimum annual compensation of said judges.

HB 1259. By Messrs. Odom, Hatcher, Busbee and Hutchinson of the 114th:
A bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, so as to change the salary of the sheriff of Dougherty County.

HB 1278. By Mr. Patten of the 124th:
A bill to amend an Act incorporating the City of Lakeland so as to change the provisions relating to the election of the mayor and alderman of the City of Lakeland.

HB 1348. By Messrs. Pinkston, Evans, Berlin, Brown, Dickey and Coney of the 89th:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act", so as to grant the Authority the power to classify and differentiate water and sewer rates in any reasonable manner, including, but not limited to, consumers within the corporate limits of the City of Macon and consumers outside the corporate limits of the City of Macon.

HB 1347. By Messrs. Pinkston, Evans, Berlin, Brown, Dickey and Coney of the 89th:
A bill to amend an Act reenacting the charter of the City of Macon, so as to abolish the Board of Water Commissioners of the City of Macon.

HB 569. By Messrs. Dean of the 60th, Bennett of the 124th and Buck of the 87th:
A bill to amend an Act making Georgia a party of the Interstate Agreement on Detainers, so as to change the word "unlawful" to the word "lawful" in Section 5 of said Act so as to clarify the meaning of the Section.

HB 1112, By Mr. Marcus of the 26th:
A bill to amend Code Section 59-202, relating to the number of grand jurors, so as to provide for two alternate grand jurors.

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

MONDAY, JANUARY 21, 1974

153

HR 463. By Messrs. Mullinax, Knight and Ware of the 65th:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a Downtown LaGrange Development Authority.

The House has agreed to Senate amendments Nos. 1, 2, & 4 and has agreed to Senate amendment No. 3, as amended by the House, to the following bill of the House, to-wit:

HB 783. By Messrs. Nessmith of the 76th, Collins of the 122nd, Lowrey of the 15th and others:
A bill to provide the procedure for showing the number of copies and approximate cost of certain printings.

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

HB 170. By Mr. Greer of the 43rd:
A bill to fix the salaries of the Judges of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County, and the Judges of the Juvenile Court, and the Judge of the Court of Ordinary of Fulton County; and to provide for the minimum annual compensation of said judges.
Referred to Committee on County and Urban Affairs.

HB 569. By Messrs. Dean of the 60th, Bennett of the 124th and Buck of the 87th:
A bill to amend an Act making Georgia a party of the Interstate Agree ment on Detainers, so as to change the word "unlawful" to the word "lawful" in Section 5 of said Act so as to clarify the meaning of the Section.
Referred to Committee on Judiciary.

HB 1112. By Mr. Marcus of the 26th:
A bill to amend Code Section 59-202, relating to the number of grand jurors, so as to provide for two alternate grand jurors.
Referred to Committee on Special Judiciary.

HB 1259. By Messrs. Odom, Hatcher, Busbee and Hutchinson of the 114th: A bill to amend an Act placing certain of the county officers of Dougher-

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ty County upon an annual salary, so as to change the salary of the sheriff of Dougherty County.
Referred to Committee on County and Urban Affairs.

HB 1278. By Mr. Patten of the 124th:
A bill to amend an Act incorporating the City of Lakeland so as to change the provisions relating to the election of the mayor and alderman of the City of Lakeland.
Referred to Committee on County and Urban Affairs.

HB 1347. By Messrs. Pinkston, Evans, Berlin of the 89th and others:
A bill to amend an Act reenacting the charter of the City of Macon, so as to abolish the Board of Water Commissioners of the City of Macon.
Referred to Committee on County and Urban Affairs.

HB 1348. By Messrs. Pinkston, Evans, Berlin of the 89th and others:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act", so as to grant the Authority the power to classify and differentiate water and sewer rates in any reasonable manner, including, but not limited to, consumers within the corporate limits of the City of Macon and consumers outside the corporate limits of the City of Macon.
Referred to Committee on County and Urban Affairs.

HR 463. By Messrs. Mullinax, Knight and Ware of the 65th:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a Downtown LaGrange Development Authority.
Referred to Committee on County and Urban Affairs.

The President ordered the morning roll call, and the following Senators answered to their names:

Those answering their names were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th

Carter Coverdell Cox Doss Duncan

Eldridge Fincher Garrard Gillis Hamilton

Herndon Hill Holley Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester London

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155

McDuffie Moore Overby Parker Reynolds Riley Rowan Skene Smalley Smith Starr

Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not answering were Senators:

Cleland Coggin Dean

Henderson Jackson McGill

Salter

The following general bill of the House, recommitted January 14, 1974, favor ably reported by the committee, was read the third time and put upon its passage:

HB 172. By Mr. Dean of the 54th:
A bill to require all students and teachers to wear certain eye protective devices when participating in certain courses of instruction; to provide for rules and regulations.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Dean Doss Eldridge

Fincher Garrard Gillis Hamilton Herndon Holley Holloway Howard Hudgins Johnson Kennedy

Kidd Langford Lester London Moore Overby Reynolds Riley Rowan Salter Skene

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Sutton Thompson Tysinger Ward Warren

Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Cox Duncan

Henderson Hill Jackson

McDuffie McGill Parker

On the passage of the bill, the ayes were 47, nays 0.

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

The following bill of the House was taken up for the purpose of considering a House amendment thereto:

HB 783. By Messrs. Nessmith of the 76th, Collins of the 122nd, Lowrey of the 15th and others: A bill to provide the procedure for showing the number of copies and approximate cost of certain printings.
The House amendment was as follows:
Amend Senate amendment number 3 to HB 783 by striking the word "De partment" wherever it appears and inserting in lieu thereof the word "Branch".

Senator Kidd of the 25th moved that the Senate agree to the House amend ment to Senate amendment number three to HB 783.

On the motion, the ayes were 41, nays 0; the motion prevailed, and the House amendment to Senate amendment number three to HB 783 was agreed to.

Senator Gillis of the 20th assumed the Chair.
The following general bills of the House, favorably reported to the Commit tee, were read the third time and put upon their passage:

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157

HB -978. By Mr. Greer of the 43rd:
A bill to amend an Act providing i'or a maximum outside width for certain buses in counties of this State having certain populations (in excess of 256,000) so as to include the Metropolitan Atlanta Rapid Transit Authority in the definition of "urban transit systems".

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Carter Coggin Coverdell Doss Garrard Hamilton Herndon Holley Holloway Howard Hudgins

Johnson Kennedy Kidd Langford Lester London Moore Overby Parker Reynolds Riley Salter

Smalley Smith Stephens Summers Sutton Thompson Tysinger Ward Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Ballard Broun of 46th

Dean Eldridge

Starr Warren

Those not voting were Senators:

Brown of 47th Cleland Cox Duncan Fincher

Gillis (presiding) Henderson Hill Jackson

McDuffie McGill Rowan Skene

On the passage of the bill, the ayes were 37, nays 6.

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

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HB 1038. By Messrs. Toles of the 16th, Lowrey of the 15th, Adams of the 14th and others:
A bill to amend the Dead Animal Disposal Act, so as to provide that the Maintenance Department of the Highway Division of the State Department of Transportation shall remove and dispose of the carcasses of all dead animals found within the rights-of-way of -all highways maintained either totally or in part from State funds.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Doss Garrard Hamilton Herndon Holley Holloway Howard

Hudgins Johnson Kennedy Kidd Langford Lester London Moore Overby Parker Reynolds Riley Rowan Skene

Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative were Senators: Bell and Eldridge.

Those not voting were Senators:

Cox Dean Duncan Fincher

Gillis (presiding) Henderson Hill Jackson

McDuffie McGill Salter

On the passage of the bill, the ayes were 43, nays 2.

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

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159

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

HB 246. By Messrs. Brown of the 89th and Adams of the 36th:
A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license.

Senator Ballard of the 45th moved that the Senate insist on its substitute to HB 246.

On the motion, the ayes were 34, nays 0; the motion prevailed, and the Senate substitute to HB 246 was insisted upon.

The following resolution of the Senate was read and adopted:
SR 271. By Senators Gillis of the 20th and Holley of the 22nd: A resolution relative to the occasion of the Sixteenth Annual Georgia Mayors' Day.
The Lieutenant Governor resumed the Chair.
The following, local, uncontested resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:
HR 130. By Mr. McKinney of the 35th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to allow muni cipal corporations having a population of more than 400,000 according to the last or any future United States Decennial Census to remove or demolish, close and clear buildings or structures from private premises, not necessarily a part of a slum or blighted area under certain condi tions at public expense; to make the amount of such expenditure a lien against the property involved; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE AND IT IS HEREBY RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Article XVI of the Constitution relating to slum clear ance and redevelopment programs for cities, towns, housing authorities and counties is hereby amended by adding the following new paragraph at the end of said Article:

"The General Assembly may establish procedures whereby any municipal corporation having a population of more than 400,000 according to the last or any future United States Decennial Census may carry out and enforce the removal or demolition or closing of buildings or structures, and clearing of premises, not of necessity a part of any slum or blighted area, at public expense, after an administrative determination that a building or structure is unfit for human habitation, or is unfit for commercial, industrial or busi ness occupancy or use and is economically unrepairable, under standards for such determination as prescribed by the General Assembly, and which may provide for commencement of an admin istrative proceeding in rem provided the owner and person having an interest in the real property involved are given notice and an opportunity to appear and be heard on the question of unfitness or unrepairability of the building or structure at issue. All expenses of such removal or demolition, or closing and clearing of premises and all costs of any such proceeding may be included in the amount of the lien against the property on which the building or structure is located. All such proceedings and work shall constitute and are hereby declared to be a governmental function undertaken for pub lic purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof.",

so that, when so amended, such Article shall read as follows:

"The General Assembly may provide by law that' any city or town, or any housing authority now or hereafter established, or any county, may undertake and carry out slum clearance and re development work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function under taken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof.
"The General Assembly may establish procedures whereby any municipal corporation having a population of more than 400,000 according to the last or any future United States Decennial Census may carry out and enforce the removal or demolition or closing of buildings or structures, and clearing of premises, not of necessity a part of any slum or blighted area, at public expense, after an administrative determination that a building or structure is unfit for human habitation, or is unfit for commercial, industrial or busi ness occupancy or use and is economically unrepairable, under standards for such determination as prescribed by the General As sembly, and which may provide for commencement of an adminis trative proceeding in rem provided the owner and person having an interest in the real property involved are given notice and an

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opportunity to appear and be heard on the question of unfitness or unrepairability to the building or structure at issue. All expenses of such removal or demolition, or closing and clearing of premises and all costs of any such proceeding may be included in the amount of the lien against the property on which the building or structure is located. All such proceedings and work shall constitute and are hereby declared to be a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there on, such proposed amendment shall be published and submitted as pro vided in Article XIII, Section 1, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended to authorize the General Assembly to allow municipal corporations having a population of more than 400,000 according to
( ) NO the last or any future United States Decennial Census to carry out and enforce the removal or demolition, or closing of certain buildings and structures from private premises and the clearing of premises, not necessarily within a slum or blighted area, at public expense to constitute a lien on the property after an administrative hearing and a determination that such properties or structures are unfit for human habitation or use and are economically unrepairable?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati
fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

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Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester London Moore Overby Parker Reynolds Riley

Rowan Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators: Duncan, Fincher, Jackson, McDuffie, McGill and Salter.

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 communication from the Secretary of State was read by the Secretary:
SECRETARY OF STATE State Capitol Atlanta 30334
January 18,1974
Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearance as of January 18, 1974,

MONDAY, JANUARY 21, 1974

163

being numbers 109 through 167, in accordance with Act No. 1294, Georgia Laws 1970.

With best wishes, I am

Enclosures

Sincerely your friend,
/s/ Ben W. Fortson, Jr. Secretary of State

STATE OF GEORGIA

Office of Secretary of State

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the four pages of photographed matter hereto at tached contain the names and addresses of those persons (numbered 109 through 167), along with the names of the respective persons, firms, cor porations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1974 Session of the Georgia General Assembly as of Friday, January 18, 1974, in accordance with Act No. 1294, Georgia Laws 1970.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 18th day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-four and of the Independence of the United States of America the One Hundred and Ninety-eighth.

/s/ Ben W. Fortson, Jr. Secretary of State

109. Roger L. Meredith Associates Financial Services Corp. 1700 Mishawaka Avenue South Bend, Indiana 46606
110. Phil Paradice Georgia Savings & Loan League 1616 William Oliver Building Atlanta, Georgia 30303
111. Charlie Templeton Medical Association of Georgia 938 Peachtree Street, N. E. Atlanta, Georgia 30309
112. Linda Watson DeKalb Association of Educators 2550 Akers Mill Road Apt. A-2 Atlanta, Georgia 30339

113. Anna Elisa Trimble DeKalb Association of Educators Route 1, Woodstock Road Roswell, Georgia 30075
114. Marvin L. Fralish DeKalb Association of Educators 4348 Tucker North Court Tucker, Georgia 30084
115. Lucius Black Georgia Farm Bureau R. F. D. 2 Preston, Georgia 31824
116. Lynda S. Riley DeKalb Association of Educators 2182 Allaire Lane, N. E. Atlanta, Georgia 30345

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JOURNAL OF THE SENATE,

117. Billie F. Smith DeKalb Association of Educators 3816 Norman Road Clarkston, Georgia 30021
118. Herbert C. Green United Auto Workers 1280 Winchester Parkway Suite 131 Smyrna, Georgia 30080
119. James C. Thompson United Auto Workers 1280 Winchester Parkway Suite 131 Smyrna, Georgia 30080
120. Stanley M. Lefco Common Cause 800 William Oliver Building Atlanta, Georgia 30303
121. Margie Pitts Hames Ga. Assn., Abortion Clinics 15 Peachtree Street, N. E. Suite 902 Atlanta, Georgia 30303
122. 'Mrs. Elaine Kirkland Clayton County Assn. of Educators 2299 Old Rex Morrow Road Morrow, Georgia 30260
123. Sims Garrett Georgia Motor Trucking Assn. 500 Piedmont Avenue, N. E. Atlanta, Georgia 30303
124. Richard B. Withington Common Cause 14 George Wythe Place Atlanta, Georgia 30318
125. John L. Erickson Ford Motor Co. Suite 2002 225 Peachtree Street, N. E. Atlanta, Georgia 30303
126. Kathleen M. Mull Georgia Association of Licensed Practical Nurses Route 2, Box 1086 Hampton, Georgia 30228

127. M. C. Petersen Gilman Paper Company Box 848 St. Marys, Georgia 31558
128. Kathryn Burke Georgia Women's Political Caucus 710 Sycamore Street Decatur, Georgia 30030
129. Earl T. Leonard, Jr. The Coca Cola Company 310 North Avenue Atlanta, Georgia 30301
130. Mrs. Gloria Borders League of Women Voters Atlanta-Fulton County 696 Flamingo Drive, S. W. Atlanta, Georgia 30311
131. Bryce Holcomb Georgia Soft Drink Assn. 2508 Carroll Avenue Suite 200 Chamblee, Georgia 30341
132. Claude R. Glaze Brotherhood of Railway Clerks 525 N. Hairston Road Stone Mountain, Georgia 30083
133. John B. Scott City of Forest Park, Georgia 4144 O'Hara Road Forest Park, Ga. 30050
134. Mary Shugart Ga. School Food Service Cobb County Board of Education Marietta, Georgia 30060
135. Frances Bell Ga. School Food Service 3200 Lenox Road, N. E., Apt. 318-F Atlanta, Georgia 30324
136. JoyHuie Georgia School Food Service Clayton Co. Bd. of Education 155 Smith Street Jonesboro, Ga. 30236
137. N. B. Haynes Atlanta Restaurant Operators 2775 Northeast Expressway Atlanta, Georgia 30329

MONDAY, JANUARY 21, 1974

165

138. Edward Bayley Professional Firefighters of Georgia 161 LaRose Circle Marietta, Georgia 30060
139. Joe Sloan General Motors Corporation 880 Johnson Ferry Road, N. E. Atlanta, Georgia 30342
140. Talitha M. Russell Ga. Society of Ophthamology P. 0. Box 655 McDonough, Ga. 30253
141. Bob Humphries S. A. V. E. 1611 Milford Church Road Marietta, Georgia 30060
142. HillR. Healan Assn. County Commissioners of Georgia Suite 1124 Carnegie Building Atlanta, Georgia 30303
143. William Hollberg Common Cause 659 Elmwood Drive, N. E. Atlanta, Georgia 30306
144. Adron Harden Georgia Farm Bureau Box 7880 Macon, Georgia 31204
145. John K. Robinson Georgia Cattlemen's Assn. Post Office Box 4986 Macon, Georgia 31208
146. EdMcGill Georgia Alcohol Dealers Assn. 181--Tenth Street, N. E. Atlanta, Georgia 30309
Atlanta, Georgia 30305 Georgia State Legislative Board Brotherhood of Locomotive Engineers 2427 Shenandoah Avenue, N. E. Atlanta, Georgia 30303

148. Rev. Fred C. Bennette, Jr. Registered Agent SCLC Georgia Voters League 413 Auburn Avenue Atlanta, Georgia 30312
149. Wm. Padgett Trust Company of Georgia P. 0. Box 4418 Atlanta, Georgia 30302
150. Dexter Gatehouse Georgia Retail Food Dealers Association Post Office Box 10551 Atlanta, Georgia 30310
151. T. H. Milner, Jr. Registered Agent Self Independent Bankers As sociation of Georgia First National Bank of Athens
% First National Bank of Athens
Athens, Georgia 30601
152. Joe W. Andrews, Jr. Registered Agent Home Builders Assn. of Ga. Ga. Independent Meat Packers Assn. Ga. Retail Jewelers Assn. Ga. Industrial Loan Assn. Ga. Mineral Producing Indus tries Menswear Retailers of Ga. Ga. Association of Realtors Mortgage Bankers Assn. of Ga. 1239 Second Street Macon, Georgia 31202
153. James A. Calvin Georgia Municipal Association Suite 220, 10 Pryor Street Atlanta, Georgia 30303
154. Wallace Baldwin, Jr. Registered Agent American Postal Workers Union AFL-CIO (Atlanta-Georgia Local) Parent Teacher Association Post Office Box 3232 Atlanta, Georgia 30302

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155. Clarence E. Crayton Registered Agent Atlanta Federal & City Service Employees (Local #554, S.E.I.U.,AFL-CIO) A. Philip Randolph Institute (Georgia Chapter) 374 Maynard Terr., S. E., Suite 232 Atlanta, Georgia 30016
156. Dr. Sid E. Williams Georgia Chiropractic Assn. Post Office Box 37 Austell, Georgia 30001
157. Louis Trousdale Owens-Illinois P. O. Box 1620 Jacksonville, Fla. 32201
158. Roger T. Lane Georgia Pharmaceutical Assn. 1 LaVista Perimeter Office Park Suite 108
Tucker, Georgia 30084
159. James A. Cody County Officers Assn. of Ga. P. O. Box 100 Hahira, Georgia 31632
160. Robert M. Gaines DeKalb Assn. of Educators 233 Linkwood Road Atlanta, Georgia 30318

161. Paula V. McMartin Common Cause 3659 Buford Highway, N. E. Atlanta, Georgia 30329
162. Katharine E. Wright Fulton County Republican Women's Club 97 Robin Hood Road, N. E. Atlanta, Georgia 30309
163. Cheryl Joan Pence Registered Agent National Organization for Women Georgians for Equal Rights Amendment 376 Candler Park Drive, N. E. Atlanta, Georgia 30307
164. A. B. Reddick Allstate Insurance Co. 3585 Northside Parkway, N. W. Atlanta, Georgia 30327
165. Jimmy Carter Georgia Milk Producers, Inc. 177 Washington Street, S. W. Atlanta, Georgia 30303
166. Ed England Georgia Restaurant Association 805 Peachtree Street, N. E. Atlanta, Georgia 30308
167. James Finley Atlanta-DeKalb Corporation 1416 Boulevard Drive, N. E. Atlanta, Georgia 30317

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. tomor-

TUESDAY, JANUARY 22, 1974

167

Senate Chamber, Atlanta, Georgia Tuesday, January 22, 1974

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today, and was called to order by the President Pro Tempore, Senator Gillis of the 20th.

Senator Bell of the 5th 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.

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

SB 505. By Senators Parker of the 31st and Duncan of the 30th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas; to provide for a judge of the superior court and a district attorney for said circuit; to provide for their election and compensation; to fix the terms of court; to provide for the transfer of proceedings to said circuit.
Referred to Committee on Judiciary.

SB 506. By Senator Johnson of the 38th:
A bill to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to provide for the taking of an oath; to require qualifications for such interpreters; to provide for compensation.
Referred to Committee on Judiciary.

SB 507. By Senator Webb of the llth:
A bill to repeal an Act providing for a referendum to abolish the State Court of Miller County (formerly the City Court of Miller County); to provide an effective date.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

SB 508. By Senator Lester of the 23rd:
A bill to amend an Act creating a pension system for the retirement of certain employees of the City of Augusta, as amended, so as to change the retirement age of employees of said city.
Referred to Committee on County and Urban Affairs.

SB 509. By Senator Webb of the llth:
A bill to be known as "The Georgia Court Reporting Act"; to provide a short title; to provide for a declaration of purpose; to provide that the Judicial Council of Georgia is an agency of the Judicial Branch of State Government for certain purposes; to provide for authority, powers and duties of the Judicial Council relative to the regulation of court reporting.
Referred to Committee on Judiciary.

SB 510. By Senator Webb of the llth:
A bill to amend Code Title 27, relating to criminal procedure, as amended, so as to provide for discovery and inspection in criminal cases; to provide for orders; to provide for the inspection, copying and photographing of relevant results of reports of physical or mental examinations and of scientific tests or experiments made in connection with the case, or copies thereof, within the possession, custody or con trol of the State's prosecuting attorney.
Referred to Committee on Judiciary.

SB 511. By Senator Cox of the 21st:
A bill to prohibit the obtaining of or attempt to obtain certain settle ments, releases or statements from certain injured persons.
Referred to Committee on Special Judiciary.

SB 512. By Senators Rowan of the 8th and Eldridge of the 7th:
A bill to amend an Act entitled "An Act to provide for the creation of the office of district attorney emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation to incum bents; to create the District Attorneys' Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes", as amended, so as to provide certain additional criteria for the purposes of compu tation of benefits.
Referred to Committee on Retirement.

TUESDAY, JANUARY 22, 1974

169

SR 272. By Senator Hamilton of the 26th:
A resolution proposing an amendment to the Constitution, so as to provide that the people of the State of Georgia shall have the power to approve or reject at the polls laws passed by the General Assembly; to provide exceptions; to provide for referendum petitions and proce dures connected therewith; to provide for referendum elections.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SR 275. By Senator Johnson of the 38th:
A resolution proposing an amendment to the Constitution, so as to provide for a new court of original jurisdiction to be known as the "Family Court of Human Relations"; to provide the procedures con nected therewith; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.

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 1321. By Mr. Collins of the 122nd:
A bill to amend an Act relating to the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. Laws 1960, p. 214), as amended, so as to further define the intent and purpose of said law; to provide additional conditions upon which licenses may be granted, suspended, or revoked; to provide for the orderly marketing of leaf tobacco by allocation of sales opportunity.
HB 1361. By Messrs. Savage of the 30th and Marcus of the 26th:
A bill to amend an Act relating to the revocation and suspension of licenses by the Board of Dental Examiners of Ga., approved Feb. 9, 1937, which Act is amendatory of an Act regulating the practice of dentistry, approved Aug. 17, 1920, as amended, so as to provide addi tional grounds for the suspension or revocation of a license; to provide that dentists serving on certain peer or review committees shall not be liable for damages for certain actions.
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:

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JOURNAL OF THE SENATE,

HE 469. By Mr. Walker of the 100th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Macon County to impose a county registration fee on each motor vehicle registered in said County and to use the proceeds of such fee for the payment of obligations incurred in connection with the construction of a countywide general hospital and related facilities; to provide for the submission of this amendment for ratification or rejection.

The following bills and resolution of the House were read the first time and referred to committees:
HB 1321. By Mr. Collins of the 122nd: A bill to amend an Act relating to the sale of flue-cured leaf tobacco in this State, so as to further define the intent and purpose of said law; to provide additional conditions upon which licenses may be granted, suspended, or revoked; to provide for the orderly marketing of leaf tobacco by allocation of sales opportunity.
Referred to Committee on Agriculture.
HB 1361. By Messrs. Savage of the 30th and Marcus of the 26th: A bill to amend an Act relating to the revocation and suspension of licenses by the Board of Dental Examiners of Georgia, so as to provide additional grounds for the suspension or revocation of a license; to provide that dentists serving on certain peer or review committees shall not be liable for damages for certain actions.
Referred to Committee on Health and Welfare.
HR 469. By Mr. Walker of the 100th: A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Macon County to impose a county registration fee on each motor vehicle registered in said County and to use the proceeds of such fee for the payment of obligations incurred in connection with the construction of a countywide general hospital and related facilities.
Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:

TUESDAY, JANUARY 22, 1974

171

Senator Starr of the 44th District, Chairman of the Committee on Elementary and Secondary Education, submitted the following report:

Mr. President:

Your Committee on Elementary and Secondary Education has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 367. Do pass.

Respectfully submitted, Starr of 44th District, Chairman.

Senator Smith of the 34th District, Chairman of the Committee on Industry & Labor, submitted the following report:
Mr. President:
Your Committee on Industry & Labor has had under consideration the follow ing 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 437. Do pass as amended. SR 264. Do pass.
Respectfully submitted, Smith of 34th District, Chairman.

Senator Johnson of the 38th District, Chairman of the Committee on Judic iary, 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 211. Do not pass.
SB 422. Do not pass. SB 494. Do pass.
SR 28. Do pass by substitute.

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JOURNAL OF THE SENATE,

HB 76. Do pass as amended. HB 314. Do pass.

Respectfully submitted, Johnson of 38th District, Chairman.

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

SB 184. By Senators Lester of the 23rd, Doss of the 52nd, and Kidd of the 25th:
A bill to amend an Act providing for payment for the cost of care of persons admitted or committed to State institutions, as amended, so as to provide that parents of retarded children in the custody and care of State Institutions shall not be responsible for the cost after the child reaches 18 years old.

SB 330. By Senator Lester of the 23rd:
A bill comprehensively to govern the treatment of alcoholism and in toxication; to confer necessary powers in the Department of Human Resources to plan, establish, and maintain programs and facilities for treatment of alcoholism and intoxication; to repeal Code Section 58-608, which defines the crime of drunkenness in public places.

SB 461. By Senator Dean of the 6th:
A bill to amend an Act known as the Georgia Food Act, approved Feb. 23, 1956 (Ga. Laws 1956, p. 195), as amended, so as to prohibit the labeling of a product as honey unless produced by bees; to prohibit the labeling of a product as imitation honey; to provide a penalty.

SB 472. By Senators Kennedy of the 4th, Gillis of the 20th and McDuffie of the 19th:
A bill to amend Section 68-201 of the Code of Ga., as amended, and to amend an Act approved Dec. 24, 1937, as amended, and codified as Section 92-2902 of the Code of Ga., both of which relate to the registra tion and the licensing of motor vehicles, so as to provide that said Sec tions shall not apply to any trailer that has no springs and is being employed in hauling unprocessed farm products to their first market destination.

SB 476. By Senator McGill of the/24th: A bill to amend an Act known as the "Georgia Meat Inspection Act", ap-

TUESDAY, JANUARY 22, 1974

173

proved April 30, 1969 (Ga. Laws 1969, p. 1028), as amended, so as to include rabbits within the provisions of said Act; to provide for other matters relative to the foregoing.

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

SB 445. By Senator Salter of the 17th:
A bill to provide for the election of members of the Board of Education of Upson County; to provide that the Board of Education of Upson County shall consist of seven members; to provide for education districts; to provide for initial and regular terms of office of members; to pro vide for the election of officers; to provide for the filling of vacancies; to provide for the compensation of the members of the Board.

The report 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.

The following resolutions of the Senate were read and adopted:

SR 273. By Senator Kidd of the 25th: A resolution expressing regret at the passing of Mary Florence Moore.

SR 276. By Senator Kennedy of the 4th: A resolution commending and congratulating Mr. Delmas Rushing.

Senator Gillis of the 20th, who was presiding, ordered the morning roll call, and the following Senators answered to their names:

Those answering their names were Senators:

Ballard Bell Brown of 47th

Carter Coggin Dean

Duncan Eldridge Pincher

174
Gillis Hamilton Herndon Hill Holley Howard Jackson Johnson Kennedy Kidd

JOURNAL OF THE SENATE,

Lester London McDuffie
McGrill Overby Reynolds Riley Smalley Starr

Stephens Summers Sutton
Thompson Warren Wasden Webb Young Zipperer

Not answering were Senators:

Barker Broun of 46th Cleland Coverdell Cox Doss Garrard

Henderson Holloway Hudgins Langford Moore Parker

Rowan Salter Skene Smith Tysinger Ward

Senator Kidd of the 25th introduced as Chaplain The Reverend Oral Roberts who addressed the Senate and closed with prayer.

The President assumed the Chair.

The following resolution of the Senate was read and adopted:

SR 274. By Senators London of the 50th, Langford of the 51st, Doss of the 52nd and all other Senators:
A resolution expressing regrets at the passing of Honorable Stanley E. Smith, Jr.

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

SB 429. By Senators Thompson of the 32nd and Lester of the 23rd:
A bill to amend Code Section 79A-9915, so as to change the penalty provisions relating to possession of marijuana.

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

TUESDAY, JANUARY 22, 1974

175

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell
Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Herndon Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Reynolds

Riley Rowan Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Dean Henderson

Hill Moore

Salter Skene

On the passage of the bill, the ayes were 50, nays 0.

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

Senator Smalley of the 28th introduced as Doctor of the Day, Dr. John E. Clause.

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 455. By Senator Thompson of the 32nd:
A bill to amend an Act creating a Department of Public Safety for Georgia, approved Mar. 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to provide that in certain counties officers of the Department of Public Safety may render assistance to local authorities upon request of the chief officer of the county police force; to provide an effective date.

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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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell
Broun of 46th Brown of 47th Carter Cleland
Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Herndon Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Henderson

Hill

Skene

On the passage of the bill, the ayes were 53, nays 0.

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

Senator Gillis of the 20th, President Pro Tempore, resumed the Chair.

SB 477. By Senators Hudgins of the 16th and Jackson of the 16th:
A bill to amend Code Section 47-102, relating to State Senatorial Dis tricts, as amended, particularly by an Act approved Oct. 14, 1971 (Ga. Laws 1971, Sept.-0ct. Ex. Sess., p. 69) and by an Act approved Mar. 16, 1972 (Ga. Laws 1972, p. 237) so as to change the provisions relative to certain Senatorial Districts; to provide an effective date.

TUESDAY, JANUARY 22, 1974

177

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Hamilton Herndon Hill

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Saltier Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

FincherGillis (presiding)

Henderson

Skene

On the passage of the bill, the ayes were 52, 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 amendments to the following bills of the House, to-wit:

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JOURNAL OF THE SENATE,

HB 1177. By Mr. Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County, so as to change the salary of the County Commissioner.

HB 1178. By Mr. Murphy of the 18th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Commissioner of Haralson County, so as to change the compensation of the clerical assistant of the tax commissioner.

The following bills of the House were taken up for the purpose of considering House action thereto:

HB 1177. By Mr. Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County, so as to change the salary of the County Commissioner.

Senator Parker of the 31st moved that the Senate insist upon its amendment to HB 1177.

On the motion, the ayes were 33, nays 0; the motion prevailed, and the Senate amendment to HB 1177 was insisted upon.

HB 1178. By Mr. Murphy of the 18th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Commissioner of Haralson County, so as to change the compensa tion of the clerical assistant of the tax commissioner.

Senator Parker of the 31st moved that the Senate insist upon its amend ment to HB 1178.

On the motion, the ayes were 36, nays 0; the motion prevailed, and the Senate amendment to HB 1178 was insisted upon.

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

SB 431. By Senator Thompson of the 32nd:
A bill to amend Code Chapter 79A-99, as amended, so as to change the provisions relating to violations of the Uniform Narcotic Drug Act.

TUESDAY, JANUARY 22, 1974

179

Senator Thompson of the 32nd moved that SB 431 be recommitted to the Committee on Special Judiciary.

On the motion, the ayes were 36, nays 0; the motion prevailed, and SB 431 was recommitted to the Committee on Special Judiciary.

Senator Kidd of the 25th moved that the following resolution of the Senate be recommitted to the Committee on Special Judiciary:

SR 246. By Senators Thompson of the 32nd and Lester of the 23rd:
A resolution proposing an amendment to the Constitution so as to provide that a person sentenced to life imprisonment shall not be eligible for reprieve, pardon or parole, or commutation of penalty until he has served twenty-five years of his sentence; to provide for submis sion of this amendment for ratification or rejection.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SR 246 was recommitted to the Committee on Special Judiciary.

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 469. By Senator Wasden of the 2nd:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved Jan. 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved April 14, 1967 (Ga. Laws 1967, p. 542.), so as to provide that no person shall operate a motor vehicle while wearing certain devices.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th

Brown of 47th Carter Cleland

'Coggin Coverdell Cox

180
Dean Doss Duncan Eldridge Pincher Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins

JOURNAL OF THE SENATE,

Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Reynolds Rowan Salter

Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Barker Garrard Gillis (presiding)

Jackson Moore Riley

Skene Young

On the passage of the bill, the ayes were 48, nays 0.

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

The President resumed the Chair.

SR 79. By Senators Wasden of the 2nd, Tysinger of the 41st, Smith of the 34th and others:
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 in creased 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.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article III, Section XI of the Constitution is hereby amended by adding at the end thereof a new Paragraph II, to read as follows:
"Paragraph II. The salary and allowances of any elected State officer shall not be increased during the term of office to which he is elected. Nothing contained within this Paragraph shall

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apply to, nor prohibit, changes in the supplements to the compensa tion and allowances of certain elected State officers from funds other than the funds 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, 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 the salary and allowances of any elected State
( ) NO officer may not be increased during the term to which such officers are elected?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The Senate Committee on Economy, Reorganization & Efficiency in Government offered the following substitute to SR 79:

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 in creased during the term to which such officers are elected; to provide for changes in compensation of elected State officers from funds other than the funds of the State 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 III, Section XI of the Constitution is hereby amended by adding at the end thereof a new Paragraph II, to read as follows:
"Paragraph II. The salary and allowances of any elected State officer shall not be increased during the term of office to which he is elected. Nothing contained within this Paragraph shall apply to, nor prohibit, changes in the supplements to the compensa tion and allowances of certain elected State officers from funds other than the funds 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.

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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 provide that the salary and allowances of any elected State
( ) NO officer may not be increased during the term to which such officers are elected?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

Senator Holloway of the 12th offered the following amendment:
Amend the committee substitute to SR 79 by striking the words "elected State officer" on Page 1, line 14 and substituting "members of the General Assembly"
and amend the title accordingly.

On the adoption of the amendment, Senator Howard of the 42nd called for the ayes and nays, and the call was sustained.

The President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Carter Coggin Duncan Fincher

Holley Holloway Johnson Rowan

Those voting in the negative were Senators:

Ballard Bell Broun of 46th Brown of 47th Cleland Coverdell Cox Dean

Doss Eldridge Garrard Gillis Hamilton Henderson Herndon Hill

Summers Thompson Ward Webb
Howard Hudgins Kennedy Kidd Langford Lester London McDuffie

McGill Overby Reynolds Riley Salter

TUESDAY, JANUARY 22, 1974

Smalley Smith Starr Stephens Sutton

Tysinger Warren Wasden Zipperer

Those not voting were Senators:

Jackson Moore

Parker Skene

Young

On the adoption of the amendment, the ayes were 13, nays 38, and the amend ment to the committee substitute was lost.

Senator Hamilton of the 26th offered the following amendment:
Amend the committee substitute to SR 79 by adding at the end of Section 1 a new sentence to read as follows:
"If approved in the 1974 General Election, this amendment shall apply to all state officials who may be elected in the 1974 General Election."
and by adding after the word "Ga.;", on Page 1, line 6 the follow ing:
"to provide for an effective date.".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox

Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon

Hill Holley Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester

184
London McDuffie McGill Overby Reynolds Riley Rowan

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Salter Smalley Smith Starr Stephens Summers
Sutton

Thompson Tysinger Ward Warren Wasden Webb Zipperer

Not voting were Senators:

Jackson Moore

Parker Skene

Young

On the adoption of the amendment, the ayes were 51, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the committee substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby

Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Not voting were Senators:

Jackson Moore

Parker Skene

Young

On the adoption of the substitute, the ayes were 51, nays 0, and the com mittee substitute was adopted as amended.

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185

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby

Reynolds Riley
Rowan Salter Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Not voting were Senators:

Jackson Moore

Parker Skene

Young

On the adoption of the resolution, the ayes were 51, nays 0.

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

Senator Kidd of the 25th moved that SR 79 be immediately transmitted to the House.

On the motion, the ayes were 36, nays 0; the motion prevailed, and SR 79 was immediately transmitted to the House.

Senator Cleland of the 65th filed the following statement with the Secretary:
"Mr. President,
As one who voted in 1973 for an increase in compensation of elected state officials and who entered into the record a statement

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as to why I thought the increase was needed, I do, however, favor a law prohibiting that such increases occur during the term to which such officials are elected so as to avoid the appearance of impropriety."

Senator Coggin of the 35th assumed the Chair.

SB 459. By Senator Broun of the 46th:
A bill to amend an Act known as the "Georgia Firearms and Weapons Act", approved April 8, 1968, (Ga. Laws 1968, p. 983), so as to define the term "shotgun"; to change the definition of the term "sawed-off shotgun"; to provide an effective date.

The Senate Committee on Judiciary offered the following amendment:
Amend SB 459 by inserting on Page 1, line 25, after the word "otherwise" the word "or".

On the adoption of the amendment, the ayes were 40, nays 0, and the com mittee 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 Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Doss Eldridge Garrard Gillis Hamilton Henderson Herndon

Hill Holley Holloway Howard Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Webb Zipperer

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187

Voting in the negative was Senator Dean.

Those not voting were Senators:

Coggin (presiding) Duncan Fincher

Hudgins Jackson Skene

Wasden Young

On the passage of the bill, the ayes were 47, nays 1.

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

The Lieutenant Governor resumed the chair.

SB 222. By Senators Kidd of the 25th and Lester of the 23rd:
A bill to provide that the superintendent or chief administrative or medi cal officer of any mental institution located in this State shall be a duly licensed physician authorized to practice medicine in this State.

The Committee on Institutions and Mental Health offered the following amendment:
Amend SB 222 by inserting on Page 1, line 2, following the word "any", the following:
"State operated".
By inserting on Page 1, line 13, following the word "any", the following:
"State operated".

On the adoption of the amendment, the ayes were 44, nays 0, and the amendment was adopted.

Senator Webb of the llth offered the following amendment:
Amend SB 222 by striking from Page 1, lines 2, 12 and 18, the words "administrative or".

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On the adoption of the amendment, the ayes were 49, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Brown of 47th Coggin Cox Dean Doss Duncan Gillis Henderson Hill Holley

Hudgins Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Reynolds Salter Smith Starr Stephens Summers Sutton Tysinger Warren Webb Zipperer

Those voting in the negative were Senators :

Ballard Bell Broun of 46th Carter Coverdell Eldridge

Garrard Hamilton Herndon Holloway Howard Parker

Riley Rowan Smalley Thompson Ward Wasden

Those not voting were Senators:

Cleland Fincher

Jackson Skene

Young

On the passage of the bill, the ayes were 33, nays 18.

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

Senator London of the BOth moved that SB 222 be immediately transmitted to the House.

TUESDAY, JANUARY 22, 1974

189

On the motion, the ayes were 40, nays 0; the motion prevailed, and SB 222 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 102. By Senator Broun of the 46th:
A bill to repeal Code Chapter 23-9, relating to the county manager form of government; to provide that the General Assembly may create^ within certain counties the office of county manager.

The amendment of the House was as follows:
Amend SB 102 on Page 1, line 13, by striking the word "such".
On Page 1, line 14, add a period after the word "nature" and on lines 14, 15, 16, 17, 18 and 19, strike the words after the word "nature" as follows:
"as were formerly exercised by the chairman of the board of com missioners of such county or by the board of commissioners. The board of commissioners of any county of the State or the General Assembly may also vest in such office such additional powers, duties and responsibilities as it shall deem advisable."
On Page 1, line 20, add a "," after the word qualifications.
On Page 1, line 23, by striking the words "by the General Assembly or" and inserting in lieu thereof the word "by".

Senator Broun of the 46th moved that the Senate agree to the House amendment to SB 102.

On the motion, the ayes were 40, nays 1; the motion prevailed, and the House amendment to SB 102 was agreed to.

Senator Gillis of the 20th resumed the Chair.

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

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JOURNAL OF THE SENATE,

SB 373. By Senator Lester of the 23rd:
A bill to amend Code Title 88, known as the "Georgia Health Code", as amended, so as to delete all provisions relating to the present method of judicial hospitalization of patients to hospitals for the mentally ill, alcoholics, and drug dependent individuals.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Carter Coggin Coverdell Cox Duncan Eldridge Garrard

Hamilton Henderson Hill Holley Holloway Howard Kidd Langford Lester McDuffie

McGill Reynolds Riley Rowan Salter Stephens Summers Sutton Tysinger Wasden

Those voting in the negative were Senators:

Ballard Brown of 47th Dean Doss Herndon Hudgins Johnson

Kennedy London Moore Overby Parker Smalley Smith

Starr Thompson Ward Warren Webb Zipperer

Those not voting were Senators:

Cleland Fincher

Gillis (presiding) Jackson

Skene Young

On the passage of the bill, the ayes were 30, nays 20.

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

Senator Lester of the 23rd moved that SB 373 be immediately transmitted to the House.

TUESDAY, JANUARY 22, 1974

191

On the motion, the ayes were 38, nays 0; the motion prevailed, and SB 373 was immediately transmitted to the House.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has overridden the Governor's Veto No. 22 on the following bill of the House, to-wit:

HB 577. By Messrs. Alexander of the 39th, Larson of the 27th, Egan of the 25th, McKinney of the 35th and others:
A bill to provide that the homestead of each resident of the Independent School District of the City of Atlanta who is 62 years old or older and who has an income not exceeding $6,000 shall be granted an exemption from all ad valorem taxation for educational purposes.

Having received from the House the above message informing the Senate that the Georgia House of Representatives did, on this legislative day, override the Governor's veto of HB 577, the President Pro Tempore, Senator Gillis of the 20th, stated that the question before the Senate was whether the veto of the Governor on HB 577 was to be overridden or sustained.

After the bill and the Governor's veto letter were read by the Secretary, the President Pro Tempore, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Cox Dean Duncan Fincher Hamilton Henderson Hill Holley

Hudgins Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Salter Starr Stephens Thompson Tysinger Ward Warren Wasden Zipperer

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Barker Carter Doss Eldridge

Herndon Holloway Howard Langford

Rowan Summers Sutton Webb

Those not voting were Senators:

Cleland Coggin Coverdell Garrard

Gillis (presiding) Jackson Skene

Smalley Smith Young

On the question, the ayes were 34, nays 12; the question was lost, and the veto of the Governor of HB 577 was not overridden by the Senate at 1:20 o'clock P.M.

Senator Johnson of the 38th gave notice that, at the proper time, he would move that the Senate reconsider its action in not overriding Veto Number 22 of the Governor.

Senator Holley of the 22nd moved that the Senate do now stand adjourned until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

The President announced thf Senate adjourned until 9:30 o'clock A.M. tomor row.

WEDNESDAY, JANUARY 23, 1974

193

Senate Chamber, Atlanta, Georgia Wednesday, January 23, 1974

The Senate met pursuant to adjournment at 9:30 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 proceed ings had been read and found correct.

Senator Johnson of the 38th moved that the Senate reconsider its action of January 22, in failing to override Veto Number 22 on the following bill of the House:

HB 577. By Messrs. Alexander of the 39th, Larsen of the 27th, Egan of the 25th and others:
A bill to provide that the homestead of each resident of the Independent School District of the City of Atlanta who is 62 years old or older and who has an income not exceeding $6,000 shall be granted an exemption from all ad valorem taxation for educational purposes.

Senator Holloway of the 12th asked for a ruling on the motion.

The President ruled that the members of the Senate would vote on the motion to reconsider.

On the motion to reconsider, the ayes were 37, nays 4; the motion prevailed, and the motion to override Veto Number 22 on HB 577 was placed before the Senate.

On the motion to override Veto Number 22 on HB 577, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell
Broun of 46th Brown of 47th Coggin Coverdell Cox

Dean Doss Duncan Fincher Garrard Gillis Hamilton

Hill Holley Howard Hudgins Jackson Johnson Kennedy

194
Kidd Langford Lester London McDuffie McGill Moore

JOURNAL OF THE SENATE,

Overby Reynolds Riley Salter Skene Smith Stephens

Summers Thompson Ward Warren Wasden Zipperer

Those voting in the negative were Senators:

Barker Carter Eldridge Herndon

Holloway Parker Rowan Smalley

Sutton Tysinger Webb Young

Those not voting were Senators:

Cleland

Henderson

Starr

On the motion, the ayes were 41, nays 12; the motion prevailed, and Veto Number 22 on HB 577 was overridden by the Senate at 10:15 o'clock A.M.
Senator Holloway of the 12th filed the following statement with the Secretary of the Senate:
"On January 23, 1974, a motion was made to reconsider the action of the Senate in failing to override the Governor's veto of HB 577 on January 22, 1974. This bill related to homestead exemption for certain persons in the City of Atlanta. I voted "Nay" on this motion primarily for two reasons:
(1) After this bill passed at the 1973 session, the Attorney General issued an opinion holding it to be unconstitutional. That is the reason the Governor vetoed it last year.
(2) It is my opinion that the Constitution of Georgia and the Rules of the Senate do not authorize reconsideration of action by the Senate in failing to override a Governor's veto or in overriding the Governor's veto.
I believe that the action of the Senate in taking up the motion to reconsider was wrong and I had no desire to take part in an unconstitutional procedure involving an unconstitutional bill."
Senator Webb of the llth filed the following statement with the Secretary of the Senate:
"Mr. President:
I opposed the motion to override the Governor's veto No. 22 relating to HB 577 for the reasons:

WEDNESDAY, JANUARY 23, 1974

195

(1) In my judgment, the bill is unconstitutional, and,

(2) I cannot support legislation granting to one locality a special tax exemption for its citizens as against the same considera tion for all citizens.

I can and will support similar legislation which will be applicable throughout the State, and were it permitted under the Constitution to initiate such legislation in the Senate, I would do so."

Senator Johnson of the 38th introduced the Mayor of Atlanta, The Honorable Maynard Jackson, who addressed the Senate.

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

Senator Herndon of the 10th introduced Miss Georgia, Miss Gail Bullock, who addressed the Senate.

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

HB 1308. By Messrs. Brown, Coney, Evans of the 89th and others:
A bill to authorize the district attorneys of the superior courts in certain counties to appoint certain investigators; to provide for the compensation of such investigators; to define the duties and powers and authority of such investigators; to provide that one investigator shall be chief investigator and to define his powers and functions.

HB 1311. By Mr. Howell of the 118th:
A bill to amend an Act placing the sheriff of Early County upon an annual salary, approved Feb. 16, 1966 (Ga. Laws 1966, p. 2029), as amended, particularly by an Act approved Mar. 10, 1970 (Ga. Laws 1970, p. 2308), 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.

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JOURNAL OF THE SENATE,

HB 1312. By Mr. Howell of the 118th:
A bill to amend an Act creating the Board of Commissioners of Early County, approved Mar. 24, 1933 (Ga. Laws 1933, p. 515), as amended, so as to change certain provisions therein relating to contracts entered into in behalf of the county.

HB 1322. By Mr. Adams of the 84th:
A bill to amend an Act creating and incorporating the City of Shiloh, approved Feb. 14, 1961 (Ga. Laws 1961, p. 2045), so as to change the date of elections in said city; to create council posts and to provide for the election of councilmen therefrom; to provide for the manner in which such elections shall be conducted; to change the salary and compensation of the mayor and councilmen.

HB 1382, By Messrs. Reaves, Patten and Bennett of the 124th:
A bill to provide for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases in the courts of ordinary of certain counties; to provide an effective date.

HB 1385. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A bill to amend an Act creating a new charter for the City of Rochelle, Wilcox County, Ga., approved Mar. 3, 1962 (Ga. Laws 1962, p. 2791), as amended, so as to authorize said City to dispose of certain property located within said City; to provide procedures connected therewith.

HB 1393. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act establishing the State Court of Spalding County (formerly known as the City Court of Griffin), approved Dec. 14, 1897 (Ga. Laws 1897, p. 462), as amended, so as to change the compensation of the judge and solicitor of said Court; to provide for secretarial as sistance and the compensation for such assistance.

HB 1398. By Messrs. Pearce, Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to amend an Act establishing the State Court of Muscogee county, approved Dec. 20, 1884 (Ga. Laws 1884-85, p. 455), as amended, so as to provide for the appointment of a second Assistant Solicitor for said Court; to define the duties and fix the compensation of said additional Assistant Solicitor; to provide an effective date.

HB 1400. By Messrs. Edwards of the 95th, Bray of the 66th and Adams of the 84th: A bill to provide for the payment to the district attorney of the Chatta-

WEDNESDAY, JANUARY 23, 1974

197

hoochee Judicial Circuit from the funds of certain counties located within said circuit supplementary salaries to said district attorney; to provide the procedures connected therewith; to provide an effective date.

HB 1016. By Mr. Harris of the 51st:
A bill to provide an alternative method to the authorization for exercise of power of sale in deeds of trust, mortgages, and other instruments con tained in Code Section 37-607, as amended.

HB 1287. By Mr. Harris of the 51st:
A bill to provide authorization in certain instances for destruction of notes taken by court reporters; to provide for a petition to the trial court authorizing such destruction; to provide for the contents of a petition; to require notice to interested parties; to provide for court orders.

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

SR 270. By Senator Brown of the 47th: Expressing regret at the passing of Roy Thomas Lewis.
HR 504. By Mr. Alexander of the 38th: A resolution commending Dr. Waldo W. E. Blanchet.
HR 505. By Messrs. Moyer of the 99th, Ware of the 65th, Hays of the 1st and others: A resolution urging employers to execute and implement a statement of support for the National Guard and Reserve; requesting the Governor to issue a proclamation similarly urging such action by employers.
The House has disagreed to the Senate amendment to the following bill of the House to-wit:
HB 455. By Messrs. Bennett, Reaves and Patten of the 124th: A bill to provide for the licensing of transient merchants; to provide for the procedures therefor.
The House insists on its position in disagreeing to the 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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JOURNAL OF THE SENATE,

HB 246. By Messrs. Brown of the 89th and Adams of the 36th:
A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license.

The Speaker has appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. Brown of the 89th, Adams of the 36th and Smith of the 74th.

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

SB 513. By Senator Holloway of the 12th:
A bill to amend an Act relating to a health insurance plan for State employees, as amended, so as to provide for the investment of funds of the health insurance fund; to provide for all matters relative thereto.
Referred to Committee on Banking and Finance.

SB 514. By Senator Duncan of the 30th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to provide creditable service for certain members; to provide for other matters relative thereto; to provide an effective date.
Referred to Committee on Retirement.

SB 515. By Senator Duncan of the 30th:
A bill to amend an Act creating a Retirement System for Teachers, as amended, so as to provide additional circumstances under which members of the System may establish prior service credit.
Referred to Committee on Retirement.

SB 516. By Senator Coggin of the 35th:
A bill to amend an Act comprehensively and exhaustively revising, supersed ing and modernizing pretrial, trial and certain post trial procedures in civil cases, as amended, so as to provide that a motion to set aside shall lie to attack a judgment based upon a lack of jurisdiction over the person or subject matter, regardless of whether such lack of jurisdiction appears upon the face of the record or pleadings.
Referred to Committee on Special Judiciary.

WEDNESDAY, JANUARY 23, 1974

199

SB 517. By Senator Overby of the 49th:
A bill to amend Code Section 27-1402, relating to conditions of bail bonds and recognizances, as amended, so as to provide for proceedings to forfeit bonds or recognizances upon failure of the principal to appear.
Referred to Committee on Special Judiciary.

SB 518. By Senator Kennedy of the 4th:
A bill to amend an Act known as the "Trial Judges and Solicitors' Retire ment Fund Act", as amended, so as to change the provisions relating to death before retirement; to provide an effective date.
Referred to Committee on Retirement.

SB 519. By Senator Overby of the 49th:
A bill to amend Code Title 22, relating to corporations, as amended, so as to provide for the place of publication of notice of certain amendments, changes, restatements, dissolutions, mergers, and consolidations.
Referred to Committee on Special Judiciary.

SB 520. By Senator Coverdell of the 40th:
A bill to provide requirements relative to local retirement, pension and emeritus systems; to provide for definitions; to provide for certain reports to the State Auditor; to provide for the designation of actuaries and for certain administrative costs; to provide for financial reports and actuarial investigations; to provide for all matters relative to the foregoing.
Referred to Committee on Retirement.

SB 521. By Senator Coverdell of the 40th:
A bill to amend an Act relating to the introduction of bills relative to retirement, pension and emeritus systems and requiring fiscal notes therefor, as amended, so as to provide for actuarial studies under certain circumstances; to provide for all matters relative thereto; to provide an effective date.
Referred to Committee on Retirement.

SB 522. By Senators Kidd of the 25th, Zipperer of the 3rd and London of the 50th:
A bill to provide minimum salaries for ordinaries of the various counties within the State of Georgia, to be paid from county funds; to provide for longevity increases; to provide for additional minimum compensation for certain ordinaries; to provide that the provisions of local legislation

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JOURNAL OF THE SENATE,

affecting compensation for ordinaries of the various counties shall remain in full force and effect.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 523. By Senator London of the 50th:
A bill to amend Code Section 26-2502, relating to aiding escape, so as to provide that it is unlawful to aid another in escaping prior to conviction; to provide penalties.
Referred to Committee on Special Judiciary.

SB 524. By Senator Herndon of the 10th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to provide for service credit for certain services rendered by a member; to provide an effective date.
Referred to Committee on Retirement.

SB 525. By Senators Stephens of the 36th and Johnson of the 38th:
A bill to amend an Act providing that cities having a population of more than 150,000 according to the United States Census of 1920, or any subsequent census, shall furnish pensions to officers and employees of such cities, as amended, so as to provide that any present officer or employee may claim credit for service as a member of the Armed Forces during certain periods.
Referred to Committee on County and Urban Affairs.

SB 526. By Senators Stephens of the 36th and Johnson of the 38th:
A bill to amend an Act providing that cities having a population of more than 150,000 according to the United States Census of 1920, or any subsequent census, shall furnish pensions to officers and employees of such cities, as amended, so as to provide for a cost of living escalation of retirement benefits.
Referred to Committee on County and Urban Affairs.

SB 527. By Senator Reynolds of the 48th:
A bill to provide that applicants for examination or licensure by any state examining board or commission which now exists or which hereafter is created, need not be citizens of the United States nor have filed an intent to become a citizen of the United States as a prerequisite to such examination or licensure.
Referred to Committee on Special Judiciary.

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201

SB 528. By Senators Johnson of the 38th and Stephens of the 36th:
A bill to permit municipalities and counties which establish a planning department to establish a zoning review board under certain circumstances.
Referred to Committee on County and Urban Affairs.

SB 529. By Senators Stephens of the 36th, Johnson of the 38th, Ward of the 39th and others:
A bill to repeal an Act and all Acts amendatory thereof, which applied to certain municipalities the zoning and planning provisions of an Act approved on January 31, 1946, and for other purposes; to provide for an effective date.
Referred to Committee on County and Urban Affairs.

SB 530. By Senators Stephens of the 36th, Johnson of the 38th, Coggin of the 35th and others:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide that the minimum retirement allowance for members shall apply to public school teachers who retired pursuant to a county, municipal or local board of education retirement or pension system; to provide an effective date.
Referred to Committee on Retirement.

SB 531. By Senator Duncan of the 30th: A bill to amend Code Section 57-116, relating to interest on loans to be repaid in monthly, quarterly or yearly installments, as amended, so as to change the maximum rate of interest which may be charged on loans to be repaid in monthly, quarterly or yearly installments; to provide an effective date.
Referred to Committee on Banking and Finance.
SB 532. By Senator Duncan of the 30th:
A bill to amend Code Section 57-116, relating to interest on loans to be repaid in monthly, quarterly or yearly installments, as amended, so as to change the maximum rate of interest which may be charged on loans to be repaid in monthly, quarterly or yearly installments; to provide an effective date.
Referred to Committee on Banking and Finance.
SB 533. By Senators McGill of the 24th, Holloway of the 12th and Broun of the 46th:
A bill to provide for the procedure relative to the compensation, expenses, mileage and allowances for the Secretary of the Senate. Referred to Committee on Appropriations.

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SB 534. By Senator Stephens of the 36th:
A bill to amend an Act, and the several acts amendatory thereof, provid ing that certain cities shall furnish aid, relief and pensions to members of paid fire departments now in active service, and future members, as amended, so as to change certain provisions relating to the eligibility of persons to receive benefits under such Acts.
Referred to Committee on County and Urban Affairs.

SB 535. By Senators Gillis of the 20th and McDuffie of the 19th:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the amount of creditable service which a member must have to be eligible to retire; to provide for other matters relative thereto.
Referred to Committee on Retirement.

SB 536. By Senator Kennedy of the 4th:
A bill to amend an Act creating the Superior Court Judges Retirement Fund of Georgia, as amended, so as to change the provisions relating to death before retirement of members under certain circumstances; to pro vide an effective date.
Referred to Committee on Retirement.

SR 277. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to authorize certain nonprofit or veterans organizations to operate bingo games; to provide that nonprofit or veterans organizations desiring to operate bingo games shall register annually with the State Revenue Commissioner.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SR 280. By Senators Stephens of the 36th and Johnson of the 38th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to impose a tax on casualty insurers and allocate the proceeds derived therefrom to certain of the retirement funds of certain law enforcement officers; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking and Finance.

SR 281. By Senators Moore of the 56th and Thompson of the 32nd: A resolution proposing an amendment to the Constitution, so as to

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203

provide for the calling of a referendum of the voters of Cobb County for the purpose of repeal of that amendment to the Constitution which authorizes the General Assembly to provide by local law for the exercise of the planning and zoning powers within Cobb County.
Referred to Committee on County and Urban Affairs.

SR 282. By Senators Zipperer of the 3rd, Coggin of the 35th, Kennedy of the 4th and others:
A resolution creating the Criminal Acts Compensation Liability Study Committee.
Referred to Committee on Rules.

SR 283. By Senators Stephens of the 36th, Johnson of the 38th, Coggin of the 35th and others: A resolution proposing an amendment to the Constitution, 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 public school teachers who retired pursuant to a retirement or pension system of a county, municipality or local board of education.
Referred to Committee on Retirement.
The following bills and resolution of the House were read the first time and referred to committees:
HB 1308. By Messrs. Brown, Coney, Evans of the 89th and others: A bill to authorize the district attorneys of the superior courts in certain counties to appoint certain investigators; to provide for the compensation of such investigators; to define the duties and powers and authority of such investigators; to provide that one investigator shall be chief investi gator and to define his powers and functions.
Referred to Committee on County and Urban Affairs.
HB 1311. By Mr. Howell of the 118th: 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.
Referred to Committee on County and Urban Affairs.
HB 1312. By Mr. Howell of the 118th: A bill to amend an Act creating the Board of Commissioners of Early

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County, so as to change certain provisions therein relating to contracts entered into in behalf of the county.
Referred to Committee on County and Urban Affairs.

HB 1322. By Mr. Adams of the 84th:
A bill to amend an Act creating and incorporating the City of Shiloh, so as to change the date of elections in said city; to create council posts and to provide for the manner in which such elections shall be conducted.
Referred to Committee on County and Urban Affairs.

HB 1382. By Messrs. Reaves, Patten and Bennett of the 124th:
A bill to provide for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases in the courts of ordinary of certain counties.
Referred to Committee on Judiciary.

HB 1385. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A bill to amend an Act creating a new charter for the City of Rochelle, Wilcox County, so as to authorize said City to dispose of certain property located within said City.
Referred to Committee on County and Urban Affairs.

HB 1393. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act establishing the State Court of Spalding County (formerly known as the City Court of Griffin), so as to change the compensation of the judge and solicitor of said Court; to provide for secretarial assistance and the compensation for such assistance.
Referred to Committee on County and Urban Affairs.

HB 1398. By Messrs. Pearce of the 87th, Berry of the 86th, Buck of the 87th and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to provide for the appointment of a second Assistant Solicitor for said Court.
Referred to Committee on County and Urban Affairs.

HB 1400. By Messrs. Edwards of the 95th, Bray of the 66th and Adams of the 84th: A bill to provide for the payment to the district attorney of the Chatta-

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205

hoochee Judicial Circuit from the funds of certain counties located within said circuit supplementary salaries to said district attorney.
Referred to Committee on Special Judiciary.

HB 1287. By Mr. Harris of the 51st:
A bill to provide authorization in certain instances for destruction of notes taken by court reporters; to provide for a petition to the trial court authorizing such destruction; to provide for the contents of a petition.
Referred to Committee on Judiciary.

HB 1016. By Mr. Harris of the 51st:
A bill to provide an alternative method to the authorization for exercise of power of sale in deeds of trust, mortgages, and other instruments contained in Code Section 37-607, as amended.
Referred to Committee on Banking and Finance.

HR 505. By Messrs. Moyer of the 99th, Ware of the 65th and others:
A resolution urging employers to execute and implement a statement of support for the National Guard and Reserve; requesting the Governor to issue a proclamation similarly urging such action by employers.
Referred to Committee on Industry and Labor.

The following reports of standing committees were read by the Secretary:

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :
SB 487. Do pass. HB 743. Do pass. HB 1259. Do pass.

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HB 1278. Do pass.

,

HR 463. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Johnson of the 38th 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 458. Do not pass. SB 475. Do not pass. HB 644. Do pass.
Respectfully submitted, Johnson of 38th District, Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee Public Utilities and Transportation 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 439. Do pass as amended. SB 450. Do pass as amended.
Respectfully submitted, Brown of 47th District, Chairman.

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

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207

SB 437. By Senator Smalley of the 28th:
A bill to provide for substitution of certain notes and securities for amounts retained by the State, any political subdivision, or any municipality from partial payments made under the terms of a construction contract; to provide appropriate procedures; to authorize agreement for custodial care and servicing; to provide for disposition of accrued interest.

SB 494. By Senator Johnson of the 38th:
A bill to amend Code Section 26-2907 relating to exemptions from pro visions of Code Section 26-2901 relating to carrying a concealed weapon, Code Section 26-2902, relating to the carrying of deadly weapons at public gatherings, Code Section 26-2903, relating to carrying pistols without licenses, and Code Section 26-2906 relating to machine guns, so as to provide an additional exemption for the provisions of said Code Section for district attorneys.

SR 264. By Senators Henderson of the 33rd, Gillis of the 20th, London of the 50th and others:
A resolution pertaining to standard time.

HB 76. By Messrs. Brown, Dickey and Berlin of the 89th:
A bill to amend Code Section 27-2506, relating to how misdemeanors shall be punished, so as to provide for alternative and additional punishments for misdemeanors and city ordinances involving traffic offenses.

The following resolutions of the Senate were read and adopted:

SR 279. By Senators London of the 50th and Brown of the 47th:
A resolution urging the immediate completion of Georgia Highway 365 from Gainesville to the South Carolina state line.

SR 278. By Senators Langford of the 51st, Broun of the 46th, Doss of the 52nd and others:
A resolution expressing regrets at the passing of James Wallace "Wally" Butts.

The President ordered the morning roll call, and the following Senators answered to their names:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Cleland Coggin Coverdell

208
Cox Dean Doss Duncan Eldridge Pincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard

JOURNAL OF THE SENATE,

Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Reynolds Riley

Rowan Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Those not answering were Senators:

Moore Salter

Smith

Ward

Senator Lester of the 23rd introduced as Chaplain, The Reverend W. W. Byington, pastor, Stone Mountain United Methodist Church, Stone Mountain, Geor gia, who offered scripture reading and prayer.

Senator Holley of the 22nd moved that the Senate stand in recess from 11:30 o'clock A.M. until 1:00 o'clock P.M., for the purpose of the Joint Session, 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 a message by The Honorable Ben Fortson, Secretary of State, was called to order by the President of the Senate. HR 480 authorizing the Joint Session of the Senate and House was read by the Secretary of the Senate.

Pursuant to the previous motion of Senator Holley of the 22nd, the President called the Senate to order at 1:00 o'clock P.M.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has overridden the Governor's Veto, Veto No. 25, on the following bill of the House, to-wit:

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209

HB 1079. By Mr. Dollar of the 63rd & others:
A bill to provide that the homestead of each resident of any county having certain populations (not less than 28,275 and not more than 29,650) who is 62 years of age or over and who has an income not exceeding $6,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has overridden the Governor's Veto, Veto No. 27, on the following bill of the House, to-wit:

HB 1221. By Messrs. Pearce of the 87th, Berry of the 86th and Davis of the 85th and others:
A bill to provide that the homestead of each resident of Muscogee County School District who is 62 years of age or older and who has an income not exceeding $6,000 per annum shall be exempt from all ad valorem taxation for educational purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House, to-wit:

HB 78. By Messrs. Coney of the 89th, Levitas of the 50th, and Greer of the 43rd:
A bill to provide for no-fault motor vehicle insurance; to provide an effective date.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has overridden the Governor's Veto, Veto No. 26, on the following bill of the House, to-wit:

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HB 1082. By Messrs. Bohannon and Patterson of the 64th:
A bill to provide that the Homestead of each resident of certain counties (population not less than 45,000 and not more than 50,000) who is 62 years of age or over and who has an income not exceeding $6,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has overridden the Governor's Veto, Veto No. 23, on the following bill of the House, to-wit:

HB 1059. By Mr. Miles of the 79th and others:
A bill to provide that the homestead of each resident of the Richmond County School District who is 62 years of age or over and who has an income not exceeding $6,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has overridden the Governor's Veto, Veto No. 24, on the following bill of the House, to-wit:

HB 1071. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A bill to exempt from all ad valorem taxation for educational purposes levied by certain county school districts the homestead of any resident of any such county school district who is 62 years of age or older, and who has income from all sources, including income from all members of his family, not exceeding $6,000 per annum.

Having received from the House the above message informing the Senate that the Georgia House of Representatives did, on this legislative day, override the Governor's Veto Number 23 of the following bill of the House, the President stated that the question before the Senate was whether the veto of the Governor on this bill was to be overridden or sustained:

HB 1059. By Mr. Miles of the 79th and others: A bill to provide that the homestead of each resident of the Richmond

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211

County School District who is 62 years of age or over and who has an income not exceeding $6,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such school system.

After the bill and the Governor's veto letter were read by the Secretary, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell
Broun of 46th Brown of 47th Cleland Coverdell Cox Dean Doss Duncan Fincher Garrard
Gillis Hamilton Henderson

Hill Holley Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley S alter Skene Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Zipperer

Those voting in the negative were Senators:

Barker Carter Eldridge Herndon

Holloway Rowan Smalley

Smith Webb Young

Not voting were Senators Coggins and Langford.
On the question, the ayes were 44, nays 10 and Veto Number 23 of the Governor of HB 1059 was overridden at 1:10 o'clock P. M.

Having received from the House the above message informing the Senate that the Georgia House of Representatives did, on this legislative day, override the Governor's Veto Number 24 of the following bill of the House, the President stated that the question before the Senate was whether the veto of the Governor on this bill was to be overridden or sustained:
HB 1071. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A bill to exempt from all ad valorem taxation for educational purposes levied by certain county school districts (population not less than 90,000

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and not more than 140,000) the homestead of any resident of any such county school district who is 62 years of age or older, and who has income from all sources, including income from all sources of all members of his family, not exceeding $6,000 per annum.

After the bill and the Governor's veto letter were read by the Secretary, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Cleland Coverdell Dean Doss Duncan Fincher Garrard Gillis Hamilton Henderson Hill

Holley Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Salter Skene Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Zipperer

Those voting in the negative were Senators:

Barker Carter Eldridge Herndon

Holloway Rowan Smalley

Not voting were Senators:

Coggin

Cox

Smith Webb Young
Langford

On the question, the ayes were 43, nays 10, and Veto Number 24 of the Gov ernor of HB 1071 was overridden at 1:15 o'clock P.M.

Having received from the House the above message informing the Senate that the Georgia House of Representatives did, on this legislative day, override the Governor's Veto Number 25 of the following bill of the House, the President stated that the question before the Senate was whether the veto of the Governor on this bill was to be overridden or sustained:

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213

HB 1079. By Mr. Dollar of the 63rd:
A bill to provide that the homestead of each resident of any county having certain populations (not less than 28,275 and not more than 29,650) who is 62 years of age or over and who has an income not ex ceeding $6,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes.

After the bill and the Governor's veto letter were read by the Secretary, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Cleland Coverdell Cox Dean Doss Duncan Pincher Garrard Gillis Hamilton Henderson

Hill Holley Howard Hudgins Jackson
Johnson Kennedy Kidd Lester London McDuffie Me Gill Moore Overby Parker

Reynolds Riley Salter Skene Starr Stephens Summers Sutton Thompson
Tysinger Ward Warren Wasden Zipperer

Those voting in the negative were Senators:

Barker Carter Eldridge Herndon

Holloway Rowan Smalley

Smith Webb Young

Not voting were Senators Coggin and Langford.

On the question, the ayes were 44, nays 10, and the Veto Number 25 of the Governor of HB 1079 was overridden at 1:20 o'clock P.M.

Having received from the House the above message informing the Senate that the Georgia House of Representatives did, on this legislative day, override the Governor's Veto Number 26 of the following bill of the House, the President stated that the question before the Senate was whether the veto of the Governor of this bill was to be overridden or sustained:

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HB 1082. By Messrs. Bohannon and Patterson of the 64th:
A bill to provide that the homestead of each resident of certain counties (population not less than 45,000 and not more than 50,000) who is 62 years of age or over and who has an income not exceeding $6,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes.

After the bill and the Governor's veto letter were read by the Secretary, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Cleland Coverdell Cox Dean Doss Duncan Pincher Garrard
Gillis Hamilton Henderson

Hill Holley Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Salter Skene Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Zipperer

Those voting in the negative were Senators:

Barker Carter Eldridge Herndon

Holloway Rowan Smalley

Smith Webb Young

Not voting were Senators Coggin and Langford.

On the question, the ayes were 44, nays 10, and the Veto Number 26 of the Governor of HB 1082 was overridden at 1:25 o'clock P.M.

Having received from the House the above message informing the Senate that the Georgia House of Representatives did, on this legislative day, override the Governor's Veto Number 27 of the following bill of the House, the President stated that the question before the Senate was whether the veto of the Governor on this bill was to be overridden or sustained:

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215

HB 1221. By Messrs. Pearce of the 87th, Berry of the 86th, King of the 85th and others:
A bill to provide that the homestead of each resident of Muscogee County School District who is 62 years of age or older and who has an income not exceeding $6,000 per annum shall be exempt from all ad valorem taxation for educational purposes.

After the bill and the Governor's veto letter were read by the Secretary, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Cleland Coverdell Cox Dean Doss Duncan Fincher Garrard Gillis Hamilton

Henderson Hill Holley Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby

Those voting in the negative were Senators:

Carter Eldridge Herndon

Holloway Rowan Smalley

Parker Reynolds Riley Salter Skene Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Zipperer
Smith Webb Young

Not voting were Senators Coggin and Langford.
On the question, the ayes were 45, nays 9, and the Veto Number 27 of HB 1221 was overridden at 1:30 o'clock P.M:

The following bills of the House were taken up for the purpose of considering House action thereto:

HB 246. By Messrs. Brown of the 89th and Adams of the 36th: A bill to amend an Act establishing a violation point system for the

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assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license.

Senator Ballard of the 45th moved that the Senate adhere to the Senate sub stitute to HB 246 and that a Conference Committee be appointed.

On the motion, the ayes were 33, nays 0; the motion prevailed, and the Senate substitute to HB 246 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following: Senators Hudgins of the 15th, Ballard of the 45th and Reynolds of the 48th.

HB 455. By Messrs. Bennett, Reaves and Patten of the 124th:
A bill to provide for the licensing of transient merchants; to provide for the procedures therefor.

Senator Rowan of the 8th moved that the Senate insist upon its amendments to HB 455.

On the motion, the ayes were 40, nays 0; the motion prevailed, and the Senate amendments to HB 455 were insisted upon.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

HB 227. By Mr. Greer of the 43rd:
A bill to amend Code Title 34, relating to elections, so as to change the method of qualifying to allow a candidate to qualify for a primary by qualifying petition and to provide the necessary procedures for this method.

The Conference Committee Report was as follows:
The Conference Committee on H. B. 227 makes the following recommendations:
(1) That the House recede from its position and the Senate recede

WEDNESDAY, JANUARY 23, 1974

217

from its position on Senate Amendment No. 1, and that the following amendment be adopted:

"By striking on line 13 of page 2, the following:

'officer',

and inserting in lieu thereof the following:

'Secretary of State or ordinary, as the case may be,',

and by inserting on line 15 of page 2, after the word 'party', the following:

'and certify whether or not the proper number of signatures has been secured'".

(2) That the House recede from its position and the Senate recede from its position on Senate Amendment No. 2, and that the following amendment be adopted:

"By inserting between the word 'voters' and the word 'totaling' on line 20 of page 1, the following:

'qualified to vote for the election of such candidate' ".

(3) That the House recede from its position and the Senate recede from its position on Amendment No. 3, and that the following amend ment be adopted:

"By striking from line 32 of page 2, from line 18 of page 3, from line 22 of page 3, from line 34 of page 3 and from line 5 of page 4, the following:

'two percent',

and inserting in lieu thereof in each of such designated lines, the following:

'three percent' ".

(4) That the following amendment be adopted:
"By inserting between the word 'any' and the word 'judicial' on line 4 of page 2, the following:
'militia district',

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and by inserting between the word 'county' and the word 'office' on line 6 of page 2, the following:

'or militia district'".

Respectfully submitted,

FOR THE SENATE
1st Culver Kidd Senator, 25th District
Isl Maylon K. London Senator, 50th District
Isl E. M. "Pete" McDuffie Senator, 19th District

FOR THE HOUSE
Isl John W. Greer Representative, 43rd District
Isl W. Mobley Howell Representative, 118th District
Isl 3. Robin Harris Representative, 51st District

Senator Kidd of the 25th moved that the Conference Committee Report on HB 227 be adopted.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Moore.

Not voting was Senator Langford.

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219

On the adoption of the Conference Committee Report, the ayes were 54, nays 1, and the Conference Committee Report on HB 227 was adopted.

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 78. By Messrs. Coney of the 89th, Levitas of the 50th and Greer of the 43rd: A bill to provide for no-fault motor vehicle insurance; to provide an effective date.

Senator Broun of the 46th moved that the Senate insist upon its substitute to HB 78.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Fincher Garrard Gillis Hamilton Henderson Herndon

Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Cleland

Duncan

Eldridge

Not voting were Senators Langford and Smalley.

On the motion, the ayes were 51, nays 3; the motion prevailed, and the Senate substitute to HB 78 was insisted upon.

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JOURNAL OF THE SENATE,

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 184. By Senators Lester of the 23rd, Doss of the 52nd and Kidd of the 25th:
A bill to amend an Act providing for payment for the cost of care of persons admitted or committed to State institutions, as amended, so as to provide that parents of retarded children in the custody and care of State Institutions shall not be responsible for the cost after the child reaches 18 years old.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard
Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Plncher Garrard Gillis Hamilton

Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Reynolds

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators Langford and Parker.

On the passage of the bill, the ayes were 54, nays 0.

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

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221

SB 461. By Senator Dean of the 6th:
A bill to amend an Act known as the Georgia Food Act, approved Feb. 23, 1956 (Ga. Laws 1956, p. 195), as amended, so as to prohibit the labeling of a product as honey unless produced by bees; to prohibit the labeling of a product as imitation honey; to provide a penalty.

Senators Sutton of the 9th and Eldridge of the 7th offered the following substitute to SB 461:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Food Act", approved February 23, 1956 (Ga. Laws 1956, p. 195), as amended, so as to provide labeling restrictions relative to the use of the words "honey" and "imitation honey"; to provide for a penalty; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Georgia Food Act", approved February 23, 1956 (Ga. Laws 1956, p. 195), as amended, is hereby amended by adding, between Sections 11 and 12, a new Section to be designated Section 11A to read as follows:
"Section 11 A. (a) It shall be unlawful for any person to package any product and label the product as 'honey' or 'imitation honey', or to use the word 'honey' in any prominent location on the label of such product, or to sell or offer for sale any product which is labeled 'honey' or 'imitation honey', or which contains a label with the word 'honey' prominently displayed thereon, unless such product is pure honey manufactured by honeybees.
(b) 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 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 49, nays 2, and the substitute was adopted.

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

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On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell
Broun of 46th Brown of 47th Carter Cleland Coggin Cox Dean Doss Duncan Eldridge Pincher Garrard Gillis Hamilton

Henderson Herndon Hill Holley Holloway Howard Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Reynolds Riley

Rowan S alter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Coverdell.

Those not voting were Senators:

Hudgins Jackson

Langford Parker

Summers

On the passage of the bill, the ayes were 50, nays 1.

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

Senator Dean of the 6th moved that SB 461 be immediately transmitted to the House.

On the motion, the ayes were 30, nays 0; the motion prevailed, and SB 461 was immediately transmitted to the House.

SB 472. By Senators Kennedy of the 4th, Gillis of the 20th and McDuffie of the 19th:
A bill to amend Section 68-201 of the Code of Ga., as amended, and to amend an Act approved Dec. 24, 1937, as amended, and codified as

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223

Section 92-2902 of the Code of Ga., both of which relate to the registra tion and the licensing of motor vehicles, so as to provide that said Sections shall not apply to any trailer that has no springs and is being employed in hauling unprocessed farm products to their first market destination.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton

Henderson Herndon Hill Holley Howard Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Reynolds Riley Rowan

Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Holloway.

Those not voting were Senators:

Fincher Hudgins

Jackson Langford

Parker

On the passage of the bill, the ayes were 50, nays 1.

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

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SB 476. By Senator McGill of the 24th:
A bill to amend an Act known as the "Georgia Meat Inspection Act", approved April 30, 1969 (Ga. Laws 1969, p. 1028), as amended, so as to provide for other matters relative to the foregoing.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Hudgins

Langford

Zipperer

On the passage of the bill, the ayes were 52, nays 1.

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

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225

HB 314. By Messrs. Jones of the 109th, Chance of the 112th, Adams of the 14th and others:
A bill to amend Code Section 59-105, relating to the compensation of jury commissioners and their clerk, so as to increase said compensation.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Hill Holley Holloway Howard Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Dean.

Those not voting were Senators:

Hudgins Jackson

Langford

Rowan

On the passage of the bill, the ayes were 51, nays 1.

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

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.

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Senate Chamber, Atlanta, Georgia Thursday, January 24, 1974

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today, and was called to order by Senator Holley of the 22nd.

Senator Kennedy of the 4th reported that the journal of yesterday's proceed ings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
The 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 916. By Messrs. Patten, Bennett and Reaves of the 124th: A bill to create the Lowndes County Water and Sewerage Authority.

HB 1371. By Messrs. Alien of the 108th, Gignilliat of the 105th, Jones of the 109th and others:
A bill to create a new charter for the Town of Thunderbolt; to prescribe the corporate limits of said town; to provide for the government of said town.

HB 1404. By Messrs. Coleman, Jessup and Larsen of the 102nd:
A bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Dodge County on an annual salary in lieu of the fee system of compensation, so as to change the provisions relative to deputy sheriffs.

HB 1413. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th:
A bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, so as to change the compensation of the ordinary.

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227

HB 1374. By Mr. Harris of the 51st:
A bill to amend Code Chapter 26-25, relating to crimes involving ob struction of law enforcement, so as to provide that it shall be unlawful for any person to tamper with evidence or plant false evidence with intent to prevent the apprehension or obstruct the prosecution or defense of any person.

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

HR 451. By Messrs. Pearce and Buck of the 87th, Berry and Thompson of the 86th, and Adams of the 84th:
A resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of the Muscogee County School District who is 62 years of age or over and has a limited income shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system.

HR 452. By Messrs. Pearce and Buck of the 87th, Berry and Thompson of the 86th and Adams of the 84th:
A resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of the Muscogee County School District shall be granted a $2,000 homestead exemption from ad valorem taxation for school purposes.
SR 110. By Senator Holley of the 22nd:
A resolution proposing an amendment to the Constitution so as to change the voting requirements relative to the consolidation of municipal and county governments within Richmond County.

The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:

HB 227. By Mr. Greer of the 43rd:
A bill to amend Code Title 34, relating to elections, so as to change the method of qualifying to allow a candidate to qualify for a primary by a qualifying petition and to provide the necessary procedures for this method.

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

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SB 537. By Senators Gillis of the 20th, Kennedy of the 4th and Young of the 13th:
A bill to amend an Act superseding, with stated exceptions, all previous laws of this State relating to the organization, powers and duties of the Forestry Commission, as amended, so as to authorize the State Forestry Commission to manage, conserve and protect certain forest lands or forest properties belonging to or under the jurisdiction and control of any department, board, commission, bureau, agency or author ity of State government.
Referred to Committee on Natural Resources and Environmental Quality.

SB 538. By Senators Gillis of the 20th, Kennedy of the 4th and Young of the 13th:
A bill to amend an Act comprehensively revising the laws relating to the Georgia Forestry Commission, as amended, so as to authorize the Georgia Forestry Commission to acquire land without going through any other State agency, board, commission, or department; to provide that condemnation proceedings by the Georgia Forestry Commission be according to certain procedures.
Referred to Committee on Natural Resources and Environmental Quality.

SB 539. By Senators London of the 50th and Overby of the 49th:
A bill to amend an Act fixing the salaries of the judges of the superior courts, as amended, so as to provide Social Security coverage under the Federal Old Age and Survivors Insurance System to secretaries of superior court judges and district attorneys; to provide for the payment of employer contributions.
Referred to Committee on Special Judiciary.

SB 540. By Senators London of the 50th and Overby of the 49th:
A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuits, so as to provide Social Security coverage under the Federal Old Age and Survivors Insurance System to assistant district attorneys; to provide for the payment of employer contributions.
Referred to Committee on Special Judiciary.

SB 541. By Senator London of the 50th:
A bill to amend Code Title 47, relating to the General Assembly, as amended, so as to substantially revise, modernize and supersede Code Chapter 47-10, relating to lobbying, as amended; to provide for the regulation and disclosure of lobbying; to provide for a statement of policy; to provide for definitions; to provide for the registration of the lobbyists.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

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229

SB 542. By Senator Herndon of the 10th:
A bill to amend an Act creating a Small Claims Court in certain coun ties in this State, as amended, so as to change the cost provisions of said courts; to provide for an administrative fee under certain condi tions; to change the provisions relating to claim affidavits.
Referred to Committee on County and Urban Affairs.

SB 543. By Senator Herndon of the 10th:
A bill to amend Code Section 67-701, relating to the manner of fore closure of mortgages on personalty, so as to provide for the issuance of summons; to provide for hearings; to provide for appeals; to provide for the issuance of executions; to provide for offers of payments by de fendants; to provide for the practice and procedure in connection with the foregoing.
Referred to Committee on Special Judiciary.

SB 544. By Senator Carter of the 14th:
A bill to provide that it shall be illegal for any person to alter, modify or change in any manner whatsoever the serial number of any firearm, and to amend an Act to prohibit possession of certain types of firearms, dangerous weapons and silencers, as amended, so as to provide that it shall be illegal to possess any firearm wherein the serial number has been modified or altered or changed in any manner whatsoever.
Referred to Committee on Judiciary.

SB 545. By Senator Fincher of the 54th:
A bill to amend an Act known as the "Child Support Recovery Act", so as to redefine "court order" for child support; to provide that the pay ment of public assistance on behalf of a child creates a debt to the State in the amount necessary to meet the needs of the child and the person having custody of him as their needs are determined by the Department of Human Resources.
Referred to Committee on Health and Welfare.

SB 546. By Senator Moore of the 56th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to require the Board of Medical Examiners to refuse or revoke the license of a medical practitioner upon second conviction for a felony.
Referred to Committee on Health and Welfare.

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SB 547. By Senator Moore of the 56th:
A bill to amend Code Section 79A-808, relating to prescription, admin istration, and dispensation of narcotic drugs, so as to require an appro priate physical examination before a narcotic drug is prescribed for any person.
Referred to Committee on Health and Welfare.

SB 548. By Senators London of the 40th and Overby of the 49th:
A bill to provide an opportunity for each member municipality and each member county to review and comment on certain contracts entered into by Area Planning and Development Commissions; to prohibit Area Plan ning and Development Commissions from entering into certain contracts; to require each Area Planning and Development Commission to prepare a comprehensive annual budget, and forward a copy of same each year to member municipalities and member counties.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 549. By Senators Zipperer of the 3rd, Gillis of the 20th, McDuffie of the 19th and others:
A bill to amend Code Section 73-210, relating to qualifications of petro leum product dealers, as amended, so as to provide certain additional qualifications and requirements; to provide an effective date.
Referred to Committee on Public Utilities and Transportation.

SB 550. By Senators Zipperer of the 3rd, Gillis of the 20th, McDuffie of the 19th and others:
A bill to amend Code Chapter 73-2, relating to inspection and sale of petroleum products, as amended, so as to prohibit dealers, sellers, and service station operators from participating in certain gift programs and from inducing a customer to purchase more fuel than needed; to provide a penalty; to provide an effective date.
Referred to Committee on Public Utilities and Transportation.

SR 284. By Senators Reynolds of the 48th and Broun of the 46th:
A resolution designating United States Highway 441 as a Blue Star Memorial Highway; honoring Captain Leon Ellis, Jr.
Referred to Committee on Highways.

SR 285. By Senator London of the 50th: A resolution proposing an amendment to the Constitution, so as to pro-

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231

vide that the General Assembly shall provide by law for the regulation and disclosure of efforts to influence the executive and legislative branches of State government; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SR 286. By Senators Rowan of the 8th, Wasden of the 2nd, Coverdell of the 40th and others:
A resolution proposing an amendment to the Constitution, so as to add a student member to the Board of Regents of the University System of Georgia; to provide for the qualifications, appointment, and term of office of such student member; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on University System of Georgia.

SR 287. By Senators Hudgins of the 15th, Salter of the 17th, Barker of the 18th and others:
A resolution urging the Adjutant General of the State of Georgia to establish a course of instruction to teach members of the Georgia National Guard the art of conducting a military funeral.
Referred to Committee on Defense and Veterans Affairs.

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

HB 916. By Messrs. Patten, Bennett and Reaves of the 124th: A bill to create the Lowndes County Water and Sewerage Authority.
Referred to Committee on County and Urban Affairs.

HB 1371. By Messrs. Alien of the 108th, Gignilliat of the 104th, Jones of the 109th and others:
A bill to create a new charter for the Town of Thunderbolt; to prescribe the corporate limits of said town; to provide for the government of said town.
Referred to Committee on County and Urban Affairs.

HB 1404. By Messrs. Coleman, Jessup and Larsen of the 102nd:
A bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Dodge County on an annual salary in lieu of the fee system

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of compensation, so as to change the provisions relative to deputy sheriffs.
Referred to Committee on County and Urban Affairs.

HB 1413. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th:
A bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, so as to change the compensation of the ordinary.
Referred to Committee on County and Urban Affairs.

HR 451. By Messrs. Pearce of the 87th, Berry of the 86th, Davis of the 85th and others: A resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of the Muscogee County School District who is 62 years of age or over and has a limited income shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system.
Referred to Committee on County and Urban Affairs.
HR 452. By Messrs. Pearce of the 87th, Berry of the 86th, Adams of the 84th and others: A resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of the Muscogee County School District shall be granted a $2,000 homestead exemption from ad va lorem taxation for school purposes.
Referred to Committee on County and Urban Affairs.
HB 1374. By Mr. Harris of the 51st: A bill to amend Code Chapter 26-25, relating to crimes involving ob struction of law enforcement, so as to provide that it shall be lawful for any person to tamper with evidence or plant false evidence with intent to prevent the apprehension or obstruct the prosecution or defense of any person.
Referred to Committee on Judiciary.
Senator Kennedy of the 4th introduced as Doctor of the Day, Dr. Curtis Hanes.
The following reports of standing committees were read by the Secretary:

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233

Senator Pincher of the 54th District, Chairman of the Committee on Health and Welfare, submitted the following report:

Mr. President:

Your Committee on Health and Welfare has had under consideration the fol lowing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 449. Do pass.
HB 451. Do pass.
HB 951. Do pass.

Respectfully submitted, Fincher of 54th District, Chairman.

Senator Lester of the 23rd District, Chairman of the Committee on Institu tions and Mental Health, submitted the following report:
Mr. President:
Your Committee on Institutions and Mental Health has had under considera tion the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 370. Do pass.
Respectfully submitted, Lester of 23rd District, Chairman.

Senator London of the 50th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 441. Do pass.
Respectfully submitted, London of 50th District, Chairman.

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Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

Your Committee on Special Judiciary has had under consideration the fol lowing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 453. Do pass.
HB 26. Do not pass.

Respectfully submitted, Cox of 21st District, Chairman.

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

SB 487. By Senator Salter of the 17th:
A bill to amend an Act creating a new charter for the City of Flovilla, approved Mar. 30, 1970 (Ga. Laws 1970, p. 2735), so as to change certain of the provisions thereof pertaining to the prosecuting officer of the city court; to provide the procedures connected therewith.

HB 743. By Mr. Ritchie of the Hth:
A bill to amend an Act incorporating the City of Cornelia, so as to change the compensation of the mayor and the commissioners.

HB 1259. By Mr. Odom of the 114th and others:
A bill to amend an Act placing certain of the county officers of Dougherty upon an annual salary, so as to change the salary of the sheriff of Dougherty County.

HB 1278. By Mr. Patten of the 124th: A bill to amend an Act incorporating the City of Lakeland so as to change the provisions relating to the election of the mayor and alderman of the City of Lakeland.
HR 463. By Messrs. Mullinax, Knight and Ware of the 65th: A resolution proposing an amendment to the Constitution so as to pro-

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235

vide for the establishment of a Downtown LaGrange Development Authority.

SB 439. By Senator Brown of the 47th:
A bill to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety concerning the ability to sustain shock, approved April 1, 1971 (Ga. Laws 1971, p. 373), so as to change the definition of the term "private passenger auto mobile"; to provide an effective date.

SB 450. By Senator Kidd of the 25th:
A bill to require certain reflective materials upon certain bicycles; to provide penalties; to repeal certain specific provisions of conflicting laws.

HB 644. By Mr. Floyd of the 5th:
A bill to amend an Act creating the Claims Advisory Board, so as to change the provisions relating to the time when a resolution may be introduced and recommendations made thereon by the Board.

The following resolution of the Senate was read and adopted:

SR 292. By Senators London of the 50th and Overby of the 49th: A resolution urging extension of Georgia Highway 400.

Senator Holley of the 22nd, who was presiding, ordered the morning roll call, and the following Senators answered to their names:

Barker Broun of 46th Brown of 47th Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Herndon

Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie Moore Overby Parker

Reynolds Riley Skene Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

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Those not answering were Senators:

Ballard Bell Carter

Henderson McGill Rowan

Salter Smalley Young

Senator Dean of the 6th introduced as Chaplain, The Reverend Robert E.
Dougherty, pastor, Jesup Church of God, Jesup, Georgia, who offered scripture reading and prayer.

The President 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 330. By Senator Lester of the 23rd:
A bill comprehensively to govern the treatment of alcoholism and in toxication; to confer necessary powers in the Department of Human Resources to plan, establish, and maintain programs and facilities for treatment of alcoholism and intoxication; to repeal Code Section 58-608, which defines the crime of drunkenness in public places.

The Senate Committee on Institutions & Mental Health offered the following substitute to SB 330:
A BILL
To be entitled an Act comprehensively to govern the treatment of alcoholism and intoxication; to confer necessary powers in the Depart ment of Human Resources to plan, establish, and maintain programs and facilities for treatment of alcoholism and intoxication; to authorize the Department to establish standards for public and private alcoholism and intoxication treatment facilities; to establish voluntary and involun tary commitment procedures for alcoholics and intoxicated individuals; to provide for rights of persons voluntarily or involuntarily committed to treatment facilities; to provide for the establishment of emergency service patrols for alcoholics and intoxicated individuals; to provide that the Department may recover the cost of care to alcoholics and intoxi cated persons; to prohibit enforcement of certain local penal laws and ordinances in which drunkenness is the gravamen of the offense; to repeal Code Section 58-608, which defines the crime of drunkenness in public places, as amended; to provide for severability; to provide for other 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 GEORGIA:

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237

Section 1. Declaration of Policy. It is the policy of this State that alcoholics and intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcoholic beverages but rather should be afforded a continuum of treatment in order that they may lead normal lives as productive members of society.

Section 2. Definitions. For purposes of this Act and unless the use in context clearly requires otherwise:

(1) "alcoholic" means a person who habitually lacks self-con trol as to the use of alcoholic beverages, or uses alcoholic beverages to the extent that his health is substantially impaired or endangered or his social or economic function is substantially disrupted;

(2) "approved private treatment facility" means a private agency meeting the standards prescribed in Section 8 (a) and ap proved under Section 8 (c);

(3) "approved public treatment facility" means a treatment agency operating under the direction and control of the division or providing treatment under this Act through a contract with the division under Section 7 (g) and meeting the standards prescribed in Section 8 (a) and approved under Section 8 (c);

(4) "Commissioner" means the Commissioner of Human Re sources, or his delegate;

(5) "Department" means the Department of Human Resources;

(6) "emergency service patrol" means a patrol established un der Section 16;

(7) "incapacitated by alcohol" means that a person, as a result of the use of alcohol, is unconscious, exhibits life-threatening levels of intoxication, withdrawal, and acute medical problems, or has his judgment otherwise so impaired that he is incapable of realizing and making a rational decision with respect to his need for treat ment;
(8) "incompetent person" means a person who has been ad judged incompetent by the appropriate State court;

(9) "intoxicated person" means a person whose mental or phy sical functioning is substantially impaired as a result of the use of alcohol and this condition has continued over a long period of time and there is a high risk that the person is in danger of becoming an alcoholic;

(10) "treatment" means the broad range of emergency, out patient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and intoxicated persons;

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(11) "Board" means the Board of Human Resources;

(12) "Administrator", "Director", or "Superintendent" in charge of an approved treatment facility means the administrator, director, or superintendent or the acting administrator, acting direc tor, or acting superintendent of the approved treatment facility as prescribed by the standards of the Department for appointment to such office, or his delegate;

(13) "Discharge" means any proper separation of a patient from direct treatment responsibility of an approved public or private facility.

Section 3. Powers of Department. The Department may:

(1) plan, establish, and maintain treatment programs as neces sary or desirable;

(2) make contracts necessary or incidental to the performance of its duties and the execution of its powers, including contracts with public and private agencies, organizations, and individuals to pay them for services rendered or furnished to alcoholics or intox icated persons;

(3) solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the Federal government, the State, or any political subdivision thereof or any private source, and do all things neces sary to cooperate with the Federal government or any of its agencies in making an application for any grant;

(4) administer or supervise the administration of the provisions relating to alcoholics and intoxicated persons of any State plan sub mitted for Federal funding pursuant to Federal health, welfare, or treatment legislation;

(5) coordinate its activities and cooperate with alcoholism pro grams in this and other states, and make contracts and other joint or cooperative arrangements with State, local, or private agencies in this and other states for the treatment of alcoholics and intoxicated persons and for the common advancement of alcoholism programs;

(6) Keep records and engage in research and the gathering of relevant statistics;

(7) do other acts and things necessary or convenient to execute the authority expressly granted to it; and

(8) acquire, hold, or dispose of real property or any interest therein, and construct, lease, or otherwise provide treatment facilities for alcoholics and intoxicated persons.

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Section 4. Duties of Department. The Department shall:
(1) develop, encourage, and foster Statewide, regional, and local plans and programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes;
(2) coordinate the efforts and enlist the assistance of all public and private agencies, organizations, and individuals interested in prevention of alcoholism and treatment of alcoholics and intoxicated persons;
(3) cooperate with the Department of Offender Rehabilitation and the Board of Pardons and Paroles in establishing and conducting programs to provide treatment for alcoholics and intoxicated persons in or on parole from penal institutions;
(4) cooperate with the Department of Education, local boards of education, schools, police and law enforcement departments, courts, and other public and private agencies, organizations and individuals in establishing programs for the prevention of alcoholism and treat ment of alcoholics and intoxicated persons, and preparing curriculum materials thereon for use at all levels of school education;
(5) prepare, publish, evaluate, and disseminate educational ma terial dealing with the nature and effects of alcohol;

(6) develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of alcohol ics and intoxicated persons, which program shall include the dis semination of information concerning the nature and effects of alcohol;

(7) organize and foster training programs for all persons en gaged in treatment of alcoholics and intoxicated persons;

(8) sponsor and encourage research into the causes and nature of alcoholism and treatment of alcoholics and intoxicated persons, and serve as a clearing house for information relating to alcoholism;

(9) specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and duration of treatment;

(10) advise the Governor in the preparation and implementation of a comprehensive plan for treatment of alcoholics and intoxicated persons for inclusion in the State's comprehensive health plan;

(11) review all State health, welfare, and treatment plans to be submitted for Federal funding under Federal legislation, and advise

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the Governor on provisions to be included relating to alcoholism and intoxicated persons;

(12) assist in the development of, and cooperate with, alcohol education and treatment programs for employees of State and local governments and businesses and industries in the State;

(13) utilize the support and assistance of interested persons in the community, particularly recovered alcoholics, to encourage al coholics voluntarily to undergo treatment;
(14) cooperate with the Department of Public Safety in estab lishing and conducting programs designed to deal with the problem of persons operating motor vehicles while intoxicated;
(15) encourage general hospitals and other appropriate health facilities to change their medical staff bylaws to admit without dis crimination alcoholics and intoxicated persons and to provide them with adequate and appropriate treatment and facilities;
(16) encourage all health and disability insurance programs to include alcoholism as a covered illness; and
(17) submit to the Governor an annual report covering the ac tivities of the Department.
Section 5. (a) The Commissioner shall exercise coordinating func tions between the departments of State Government.
(b) In exercising its coordinating functions, the Commissioner shall assure that:
(1) the appropriate state agencies provide all necessary medical, social, treatment, and educational services for alcoholics and intoxi cated persons and for the prevention of alcoholism, without unneces sary duplication of services;
(2) the several State agencies cooperate in the use of facilities and in the treatment of alcoholics and intoxicated persons; and

(3) all State agencies adopt approaches to the prevention of al coholism and the treatment of alcoholics and intoxicated persons con sistent with the policy of this Act.

Section 6. Georgia Alcoholism Advisory Council.
(a) There is hereby created the Georgia Alcoholism Advisory Coun cil, to be composed of 15 members who shall be citizens of the State of Georgia. Members of the Georgia Alcoholism Advisory Council created by an executive order of the Governor dated February 15, 1972, shall serve as initial members of the Council created by this Act. All members shall serve at the pleasure of the Governor. Members shall have professional,

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research, or personal interest in alcoholism problems. The Council shall meet at least once every 3 months and report on its activities and make recommendations to the Commissioner at least once a year.

(b) The Council shall advise the Commissioner on broad policies, goals, and operation of the alcoholism program and on other matters the director refers to it, and shall encourage public understanding and sup port of the alcoholism program.

(c) Members of the Council shall serve without compensation but shall receive reimbursement for travel and other necessary expenses ac tually incurred in the performance of their duties.

Section 7. Comprehensive Program for Treatment; Regional Facil ities.

(a) The Department shall establish a comprehensive and coordinated program for the treatment of alcoholics and intoxicated persons.

(b) The program of the Department shall include:

(1) emergency treatment provided by a physician affiliated with or part of the medical service of a general hospital;

(2) inpatient treatment;

(3) intermediate treatment; and

(4) outpatient and followup treatment.

(c) The Department shall provide for adequate and appropriate treatment for alcoholics and intoxicated persons admitted under Sections 10 .to 13. Treatment may not be provided at a correctional institution except for inmates.

(d) The Department shall maintain, supervise, and control all facilities operated by it subject to policies of the Board. The administrator of each facility shall make an annual report of its activities to the Com missioner in the form and manner the Commissioner specifies.

(e) All appropriate public and private resources shall be coordinated with and utilized in the program if possible.

(f) The Commissioner shall prepare, publish, and distribute annually a list of all approved public and private treatment facilities.

(g) The Department may contract for the use of any facility as an approved treatment facility if the Commissioner, subject to the policies of the Board, considers this to be an effective and economical course to follow.

Section 8. Standards for Public and Private Treatment Facilities; Enforcement Procedures; Penalties.

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(a) The Department shall establish standards for approved treat ment facilities that must be met for a treatment facility to be approved as a public or private treatment facility, and fix the fees to be charged by the Department for the required inspections. The standards may concern only the health standards to be met and standards of treatment to be afforded patients.

(b) The Department shall include rules and regulations pertaining to treatment for alcoholism in existing licensing programs for health care institutions. Special inspections shall be made of treatment facilities that are not subject to existing licensing laws governing hospitals and nursing homes.

(c) The Department shall maintain a list or approved public and private treatment facilities.

(d) Each approved public and private treatment facility shall file with the Department on request, data, statistics, schedules, and informa tion the division reasonably requires. An approved public or private treat ment facility that without good cause fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent returns thereof, shall be removed from the list of approved treatment facilities.

(e) The Department, after holding a hearing, may suspend, revoke, limit, or restrict an approval, or refuse to grant an approval, for failure to meet its standards.

(f) The superior court may restrain any violation of this Section, review any denial, restriction, or revocation of approval, and .grant other relief required to enforce its provisions.

(g) Upon petition of the Department and after a hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the Department authorizing him to enter and inspect at reasonable times, and examine the books and accounts of, any approved public or private treatment facility refusing to consent to inspection or examination by the Department or which the Department has reasonable cause to believe is operating in violation of this Act.

Section 9. Acceptance for Treatment; Rules. The Commissioner shall adopt and may amend and repeal rules for acceptance of persons into the treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of alcoholics and intoxi cated persons. In establishing the rules the Commissioner shall be guided by the following standards:

(1) If possible, a patient shall be treated on a voluntary rather than an involuntary basis.

(2) A patient shall be initially assigned or transferred to out patient or intermediate treatment, unless he is found to require inpatient treatment.

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(3) A person shall not be denied treatment solely because he has withdrawn from treatment against medical advice on a prior occasion or because he has relapsed after earlier treatment.

(4) An individualized treatment plan shall be prepared and main tained on a current basis for each patient.

(5) Provision shall be made for a continuum of coordinated treat ment services, so that a person who leaves a facility or a form of treatment will have available and utilize other appropriate treatment.

Section 10. Voluntary Treatment of Alcoholics.
(a) An alcoholic may apply for voluntary treatment directly to an approved treatment program or facility. If the proposed patient is a minor or an incompetent person, he, a parent, a legal guardian, or other legal representative may make the application.

(b) Subject to rules adopted by the Commissioner, the administrator in charge of an approved treatment facility may determine who shall be admitted for treatment. If a person is refused admission to an approved treatment facility, the administrator, subject to rules adopted by the Commissioner, shall refer the person to another approved treatment facility for treatment if possible and appropriate.

(c) If a patient receiving inpatient care leaves an approved treat ment facility, he shall be encouraged to consent to appropriate outpatient or intermediate treatment. If it appears to the administrator in charge of the treatment facility that the patient is an alcoholic who requires help, the Department shall arrange for assistance in obtaining supportive services and residential facilities.

(d) If a patient leaves an approval treatment facility, with the advice of the administrator in charge of the facility, the Department shall make reasonable provisions for his transportation to another facility or to his home. If he is a minor or an incompetent person, the written request for discharge from an inpatient facility shall be made by a parent, legal guardian, or other legal representative or by the minor or incompetent if he was the original applicant.

Section 11. Treatment and Services for Intoxicated Persons and Persons Incapacitated by Alcohol.

(a) An intoxicated person may come voluntarily to an approval treatment facility for emergency treatment. A person who appears to be intoxicated in a public place and to be in need of help, if he consents to the proffered help, may be assisted to his home, an approved public treat ment facility, an approved private treatment facility, or other health fa cility by the police, other law enforcement officer or the emergency service patrol.
(b) A person who appears to be incapacitated by alcohol shall be taken into protective custody by the police, other law enforcement officer or the emergency service patrol and forthwith brought to an approved treatment facility for emergency treatment. If no approved treatment

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facility is readily available he shall be taken to an emergency medical serv ice customarily used for incapacitated persons. The policeman, other law enforcement officer, or the emergency service patrol, in detaining the person and in taking him to an approved treatment facility, is taking him into protective custody and shall make every reasonable effort to
protect his health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect himself. A taking into protective custody under this Section is not an arrest. No other criminal record shall be made to indicate that the person has been arrested or charged with a crime.

(c) A person who comes voluntarily or is brought to an approved treatment facility shall be examined by a licensed physician or trained alcohol services worker who is under direct medical supervision as soon as practical. He may then be admitted as a patient or referred to another health facility. The referring approved treatment facility may arrange for his transportation.

(d) A person who by medical examination is found to be incapacitated by alcohol as described in subsection (7) of Section 2 of this Act at the time of his admission or to have become incapacitated at any time after his admission, may not be detained at the facility (1) once he is no longer incapacitated by alcohol, or (2) if he remains incapacitated by alcohol for more than 5 days or 120 hours, excluding Saturdays, Sundays, and legal holidays, after admission as a patient, unless he is committed under Section 13. A person may consent to remain in the facility as long as the physician in charge believes appropriate.

(e) A person who is not admitted to an approved treatment facility, is not referred to another health facility, and has no funds, may be taken
to his home, if any. If he has no home, the approved treatment facility may assist him in obtaining shelter.

(f) If a patient is admitted to an approved treatment facility, his family or next of kin shall be notified as promptly as possible by mail.

(g) The policemen, other law enforcement officers or members of the emergency service patrol who act in compliance with this Section are acting in the course of their official duty and are not criminally or civilly liable therefor.

(h) If the attending physician or administrator in charge of the approved treatment facility determines it is for the patient's benefit, the patient shall be encouraged to agree to further diagnosis and appropriate voluntary treatment.

Section 12. Emergency Commitment.
(a) An intoxicated person who (1) has threatened, attempted, or in flicted physical harm to himself or others and is likely to inflict physical harm on another or himself unless committed, or (2) is incapacitated by alcohol, may be committed to an approved treatment facility for emergency treatment.

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(b) The certifying physician, spouse, guardian, or relative of the person to be committed, or any other responsible person, may make a
written application for commitment under this Section, directed to the administrator of the approved treatment facility. The application shall state facts to support the need for emergency treatment and be accompanied by a physician's certificate stating that he has examined the person sought to be committed within 2 days before the certificate's date and facts supporting the need for emergency treatment. A physician employed by
the admitting facility or the division is not eligible to be the certifying physician unless no other physician is available.

(c) Upon approval of the application by the administrator in charge of the approved treatment facility, the person shall be brought to the facility by a policeman, other law enforcement officer, health officer, emergency service patrol, the applicant for commitment, the patient's spouse, the patient's guardian, or any other interested person. The person shall be retained at the facility to which he was admitted, or transferred to another appropriate public or private treatment facility, until dis charged under subsection (e).

(d) The administrator in charge of an approved treatment facility shall refuse an application if in his opinion the application and certificate fail to sustain the grounds for commitment.

(e) When on the advice of the treatment staff the administrator determines that the grounds for commitment no longer exist, he shall dis charge a person committed under this Section. No person committed under this Section may be detained in any treatment facility for more than 5 days, Saturdays, Sundays, and legal holidays excluded. If a petition for in voluntary commitment under Section 13 has been filed within the 5 days and the administrator in charge of an approved treatment facility finds that grounds for emergency commitment still exist, he may detain the person until the petition has been heard and determined, but no longer than 10 days after filing the petition.

(f) A copy of the written application for commitment and a written explanation of the patron's right to counsel shall be given to the person on the day of admission or on the next regular institutional workday by the administrator, who shall provide a reasonable opportunity for the person to consult counsel.

Section 13. Involuntary Commitment of Alcoholics.

(a) A person may be committed to the custody of the Department by the court of ordinary upon the petition of his spouse or guardian, a rela tive, the certifying physician, or the administrator in charge of any ap proved treatment facility. The petition shall allege that the person is an alcoholic who habitually lacks self-control as to the use of alcoholic beverages and that he (1) has threatened, attempted, or inflicted phys ical harm on another or himself and that unless committed is likely to inflict physical harm to himself or others; or (2) is incapacitated by alcohol. The petition shall be accompanied by a certificate of a licensed physician who has examined the person within 2 days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal shall

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be alleged in the petition. The certificate shall set forth the physician's findings in support of the allegations of the petition. A physician employed by the admitting facility or the division is not eligible to be the certifying physician unless no other physician is available.

(b) Upon filing the petition, the court shall fix a date for a hearing no later than 10 days after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, shall be served by mail on the petitioner, the person whose com mitment is sought, his next of kin other than the petitioner, a parent or his legal guardian if he is a minor, the administrator in charge of the ap
proved treatment facility to which he has been committed for emergency care, and any other person the court believes advisable. A copy of the petition and certificate shall be delivered by mail to each person notified.

(c) At the hearing, the court shall hear all relevant testimony in person or by deposition, including, if possible, the testimony of at least one licensed physician who has examined the person whose commitment is sought. The person shall be present unless the court believes that his presence is likely to be injurious to him; in this event the court shall appoint a guardian ad litem to represent him throughout the proceeding. The court shall examine the person in open court, or if advisable, shall examine the person out of court. If the person has refused to be examined by a licensed physician, he shall be given an opportunity to be examined by a court-appointed licensed physician. If he refuses and there is suf ficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing him to the Department for a period of not more than 5 days for purposes of a diagnostic examination.

(d) If after hearing all relevant evidence, including the results of any diagnostic examination by the Department, the court finds that grounds for involuntary commitment have been established by clear and convincing proof, it shall make an order of commitment to the Depart ment. It may not order commitment of a person unless it determines that the Department is able to provide adequate and appropriate treatment for him.

(e) A person committed under this Section shall remain in the custody of the Department for treatment for a period of 90 days unless sooner discharged. At the end of the 90-day period, he shall be discharged automatically unless the Department before expiration of the period ob tains a court order for his recommitment upon the grounds set forth in subsection (a) for a further period of 90 days unless sooner discharged. If a person has been committed because he is an alcoholic likely to inflict physical harm on another or himself, the Department shall apply for re commitment if after examination it is determined that the likelihood still
exists.

(f) A person recommitted under subsection (e) who has not been discharged by the Department before the end of the 90-day period shall be discharged at the expiration of that period unless the Department, be fore expiration of the period, obtains a court order on the grounds set forth in subsection (a) for recommitment for a further period not to exceed 90' days. If a person has been committed because he is an alcoholic

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likely to inflict physical harm on himself or others, the Department shall apply for recommitment if after examination it is determined that the likelihood still exists.

(g) Upon the filing of a petition for recommitment under subsections (e) or (f), the court shall fix a date for hearing no later than 10 days after the date the petition was filed. A copy of the petition and of the notice of hearing, including the date fixed by the court, shall be served by mail on the petitioner, the person whose commitment is sought, his next of kin other than the petitioner, the original petitioner under subsection (a) if different from the petitioner for recommitment, one of his parents or his legal guardian if he is a minor, and any other person the court believes advisable. At the hearing, the court shall proceed as provided in subsection (c).

(h) The Department shall provide for adequate and appropriate treatment of a person committed to its custody. The Department may transfer any person committed to its custody from one approved treatment facility to another if transfer is medically or administratively advisable or is deemed to be in the best interest of the patient.

(i) A person committed to the custody of the Department for treat ment shall be discharged at any time before the end of the period for which he has been committed if either of the following conditions is met:

(1) in case of an alcoholic committed on the grounds of likelihood of infliction of physical harm upon himself or others, that he is no longer an alcoholic or the likelihood no longer exists; or

(2) in case of an alcoholic committed on the grounds of the need of treatment and incapacity, that the life-threatening level of intoxication, withdrawal or acute medical problem no longer exists, further treatment will not be likely to bring about significant im provement in the person's condition, or treatment is no longer ade quate or appropriate.

(j) The court shall inform the person whose commitment or recom mitment is sought of his right to contest the application, appeal to the superior court, be represented by counsel at every stage of any proceedings relating to his commitment and recommitment, and have counsel appointed by the court or provided by the court, if he wants the assistance of counsel and is unable to obtain counsel. If the court believes that the per son needs the assistance of counsel, the court shall require, by appoint ment if necessary, counsel for him regardless of his wishes. The person whose commitment or recommitment is sought shall be informed of his right to be examined by a licensed physician of his choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician.

(k) If a private treatment facility agrees with the request of a competent patient or his parent, sibling, adult child, or guardian to accept the patient for treatment, the administrator of the public treatment facility shall transfer him to the private treatment facility duly licensed under this Act.

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(1) At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition, as provided by law, a writ of habeas corpus to question the cause and legality of de tention and to request the court on its own initiative to issue a writ for release.
Section 14. Records of Alcoholics and Intoxicated Persons.

(a) The registration and other records of treatment facilities shall remain confidential and are privileged to the patient.
(b) Notwithstanding subsection (a), the Commissioner may make available information from patients' records for purposes of research into the causes and treatment or alcoholism to researchers or professionals who are treating the patient, but only with proper consent of the patient or of any person who can give consent to medical treatment of the patient under Code Chapter 88-29, the Georgia Medical Consent Law, as amended. In formation under this subsection shall not be published in a way that dis closes patients' names or other identifying information.
Section 15. Visitation and Communication of Patients.
(a) Subject to reasonable rules regarding hours of visitation which the Commissioner may adopt, patients in any approved treatment facility shall be granted opportunities for adequate consultation with counsel, and for continuing contact with family and friends consistent with an effective treatment program.
(b) A patient or his representatives may file a petition in the court of ordinary in the county where the patient is hospitalized, alleging that the patient is being unjustly denied a right or privilege granted by this Act or that a procedure authorized by this Act is being abused. Upon the filing of such a petition, the court shall have the authority to conduct a judicial inquiry and to issue any appropriate order to correct any abuse of the provisions of this Act.

Section 16. Emergency Service Patrol; Establishment; Rules.
(a) The Department and counties and municipalities may establish emergency service patrols. A patrol consists of persons trained to give as sistance in the streets and in other public places to persons who are in toxicated. Members of an emergency service patrol shall be capable of providing first aid in emergency situations and shall transport intoxicated persons to their homes and to and from public treatment facilities.
(b) The Commissioner shall adopt rules for the establishment, train ing, and conduct of emergency service patrols.
Section 17. Convalescent Status; Rehospitalization. The superinten dent of the treatment facility may place an improved patient on convales cent status when he believes that such action is in the best interest of the patient. Notice of the patient's placement on convalescent status shall be given to the patient and his representatives and, if the patient's hos-

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pitalization was authorized by order of a court of ordinary, to the court which entered such order. Placement on convalescent status shall include provisions for continuing responsibility to and by the facility, including a plan of treatment on an outpatient basis. The superintendent of the facility from which the patient is given convalescent status may, at any time during the continuance of such convalescent status, rehospitalize the patient when the condition of the patient requires. On application by the superintendent to the court of ordinary in the county where the patient is found, the court shall issue an order directing that the patient be transported to the treatment facility. The convalescent status shall auto matically expire at the end of the period during which the treatment facility was authorized to retain the patient under the provisions of this Act, unless the superintendent, upon determining that further hospitalization may be required if the convalescent status is not continued, shall apply for an order authorizing the continuance of the convalescent status for an additional period not to exceed 90 days. Such application for" continuance of convalescent status shall be filed in the manner provided for orders of recommitment in Section 13 (e) to determine whether or not the patient's condition requires the convalescent status to be continued.

Section 18. Payment for Treatment; Financial Ability of Patients.

(a) If treatment is provided by an approved public treatment facility and the patient has not paid the charge therefor, the Department is en titled to (1) any payment received by the patient or to which he may be entitled because of the services rendered, and (2) from any public or private source available to the Department because of the treatment pro vided to the patient.

(b) A patient in an approved treatment facility, or the estate of the patient, or a person obligated to provide for the cost of treatment and hav ing sufficient financial ability, is liable to the Department for cost of maintenance and treatment of the patient therein in accordance with rates established.

(c) The Commissioner shall adopt rules governing financial ability that take into consideration the income, savings and other personal and real property of the person required to pay, and any support being furnished by him to any person he is required by law to support.

(d) No person shall be denied treatment in a licensed facility be cause of inability to pay.

Section 19. Criminal Laws Limitations.

(a) No county, municipality, or other political subdivision may adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction.

(b) No county, municipality, or other political subdivision may inter pret or ally any law of general application to circumvent the provision of subsection (a).

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(c) Nothing in this Act affects any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol, or other similar offense involving the operation of a vehicle, aircraft, boat, machinery, or other equipment, or regarding the sale, purchase, dispensing, possessing, or use of alcoholic beverages at stated times and places or by a particular class of persons, or any other criminal act.

(d) Code Section 58-608, which defines the crime of drunkenness in public places, as amended, is hereby repealed in its entirety.

(e) Nothing herein shall be construed so as to repeal any of the provisions of Code Chapter 88-4, relating to the rehabilitation of alcoholics and drug dependent individuals, as now or hereafter amended.

Section 20. Application of Administrative Procedure Act. Except as otherwise provided in this Act, the Georgia Administrative Procedure Act, Ga. Laws 1964, p. 338, as amended, applies to and governs all ad ministrative action taken by the director.

Section 21. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or un constitutional, 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 uncon stitutional.

Section 22. Effective Date. This Act shall become effective on July 1, 1975.

Section 23. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Coggin of the 35th offered the following amendment:
Amend the committee substitute to SB 330 by deleting on Page one, line 23, the following words:
"and intoxicated persons".

On the adoption of the amendment, the ayes were 46, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the ayes were 49, nays 2, and the com mittee substitute was adopted as amended.

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251

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Carter Cleland Coggin Coverdell Cox Dean Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Lester McDuffie McGill Moore Parker

Those voting in the negative were Senators :

Ballard Brown of 47th Doss

Langford London Overby

Not voting was Senator Salter.

Reynolds Riley Rowan Smalley Starr Stephens Summers Sutton Tysinger Ward Warren Wasden Webb Young Zipperer
Skene Smith Thompson

On the passage of the bill, the ayes were 46, nays 9.

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

Senator Lester of the 23rd moved that SB 330 be immediately transmitted to the House.

On the motion, the ayes were 43, nays 2; the motion prevailed, and SB 330 was immediately transmitted to the House.

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

Mr. President:

The House has rejected the report of the Committee of Conference on the following bill of the House, to-wit:

HB 176. By Mr. Greer of the 43rd:
A bill to provide credit for prior service to general employee and teacher members of pension systems of cities of more than 200,000 population under certain circumstances.

The Speaker has appointed as a second Committee of Conference on the part of the House the following members:
Messrs. Greer of the 43rd, Hawes of the 43rd and Townsend of the 24th.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate amendments, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:

HB 455. By Messrs. Bennett, Reaves and Patten of the 124th:
A bill to provide for the licensing of transient merchants; to provide for the procedures therefor.

The Speaker has appointed on the part of the House the following members thereof:
Messrs. Groover of the 75th, Burton of the 47th and Walker of the 100th.

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House, to-wit:

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253

HB 1179. By Mr. Murphy of the 18th:
A bill to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the ordinary.

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

HB 176. By Mr. Greer of the 43rd:
A bill to provide credit for prior service to general employee and teacher members of pension systems of cities of more than 200,000 population under certain circumstances.

Senator Stephens of the 36th moved that a second Conference Committee be appointed on the part of the Senate.

On the motion, the ayes were 38, nays 0; the motion prevailed, and the President appointed as a second Conference Committee on the part of the Senate the following:
Senators Coggin of the 35th, Stephens of the 36th and Johnson of the 38th.
The President announced the Senate would stand in recess from 12:30 o'clock P.M. until 1:30 o'clock P.M.
The President called the Senate to order at 1:30 o'clock P.M.
The following bill of the House was taken up for the purpose of considering a House amendment thereto:
HB 1179. By Mr. Murphy of the 18th: A bill to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the ordinary.
The House amendment was as follows: Amend the Senate amendment to HB 1179 (1) By striking said
Senate amendment in its entirety.

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(2) By striking from the title the following:

"to authorize the Sheriff of Haralson County to appoint two additional employees as jailers or radio operators, or both",

and inserting in lieu thereof the following:

"to change the compensation of the present deputies of the sheriff; to authorize the sheriff to appoint two additional em ployees".

(3) By renumbering Sections 2, 3, 4 and 5 as Sections 3, 4, 5 and 6 respectively.

(4) By adding a new Section to be numbered Section 2 to read as follows:

"Section 2. 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. The sheriff shall have the authority to appoint two deputies, who shall each receive a salary of $8,000.00 per annum, payable in equal monthly installments from the funds of Haralson County. In addition, the sheriff shall have the authority to appoint one additional deputy and a jailer. Such additional deputy and jailer shall each receive compensation in an amount to be fixed by the Sheriff and the Commissioner of Haralson County. Such compen sation shall not exceed the compensation paid the other two deputies.'"

(5) By striking newly numbered Section 3 to said bill in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

"Section 3. Said Act is further amended by adding a new Section to be known as Section 5A to read as follows:

'Section 5A. The sheriff is hereby authorized to appoint two employees in addition to those employees otherwise authorized by the provisions of this Act. Such employees shall be employed as either jailers, or radio operators, or deputies, or any combination thereof. Each such employee shall receive a salary of $6,000.00 per annum payable in equal monthly installments from the funds of Haralson County. The compensation of either or both of such employees may be increased to not more than $8,000.00 per annum if agreed to by both the Sheriff and the Commissioner. The sheriff shall prescribe the duties of such additional employees.'".

Senator Parker of the 31st moved that the Senate agree to the House amend ment to the Senate amendment to HB 1179.

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255

On the motion, the ayes were 33, nays 0; the motion prevailed, and the House amendment to the Senate amendment to HB 1179 was agreed to.

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

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

SB 494. By Senator Johnson of the 38th:
A bill to amend Code Section 26-2907, relating to exemptions from pro visions of Code Section 26-2901 relating to carrying a concealed weapon, Code Section 26-2902, relating to the carrying of deadly weapons at public gatherings, Code Section 26-2903, relating to carrying pistols without licenses, and Code Section 26-2906 relating to machine guns, so as to provide an additional exemption for the provisions of said Code Section for district attorneys.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Hamilton
Henderson Herndon Hill
Holley

Holloway Howard Jackson Johnson Kennedy Kidd Lester London McDuffie McGill
Moore Overby Parker
Reynolds

Those voting in the negative were Senators:

Ballard

Pincher

Riley S alter Smith Starr Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer
Langford

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Those not voting were Senators:

Barker Bell
Cleland Eldridge

Garrard Gillis (presiding)
Hudgins Rowan

Skene Smalley
Stephens Ward

On the passage of the bill, the ayes were 41, nays 3.

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

Senator Bell of the 5th filed the following statement with the Secretary of the Senate:
"I supported SB 494 because it is obvious legislation of this type is needed."

SR 264. By Senators Henderson of the 33rd, Gillis of the 20th, London of the 50th and others:
A resolution pertaining to standard time.

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

On the adoption of the resolution, Senator Gillis of the 20th, who was pre siding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell
Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton Henderson Herndon

Hill Holley Jackson
Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Starr Stephens Summers Button Tysinger Ward
Warren Wasden Young Zipperer

THURSDAY, JANUARY 24, 1974

257

Those voting in the negative were Senators:

Holloway

Smith

Webb

Those not voting were Senators:

Ballard Barker Cleland

Gillis (presiding) Howard

Hudgins Thompson

On the adoption of the resolution, the ayes were 46, nays 3.

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

The President resumed the Chair.

SR 28. By Senator Hamilton of the 26th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that once the General Assembly has adopted ten proposed general amend ments to the Constitution, the Governor shall be authorized to call a special election at any time before the next general election for the purpose of submitting the amendments to the people; to provide for the submission of amendments which are not general; 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 XIII, Section I, Paragraph I of the Constitution is hereby amended by striking therefrom the following:
"Any proposed amendment which is general or a proposal for a new Constitution shall be submitted to the people of the entire State at the next general election which is held in the even-numbered years, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amend ment shall become a part of this Constitution or shall become the new Constitution, as the case may be. A proposed amendment which is not general shall be submitted at the next general election which is held in the even-numbered years, but shall only be sub mitted to the people of the political subdivision or subdivisions di rectly affected. The votes of the electors in each political subdivision

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affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be ratified by a ma jority of the electors qualified to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitution. The General Assembly, in the Resolution, shall state the language to be used in submitting the proposed amendment or proposal for a new Constitution. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, but this shall not apply to a proposal for a new Constitution.",

and inserting in lieu thereof the following:
"Any proposed amendment which is general or a proposal for a new Constitution shall be submitted to the people of the entire State at the next general election which is held in the even-num bered years, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution or shall become the new Constitution, as the case may be; provided, however, that once the General Assembly has adopted ten proposed general amendments to the Constitution, the Governor shall be authorized to call a special election at any time before the next general elec tion for the purpose of submitting the amendments to the people. A proposed amendment which is not general shall be submitted at the next general election which is held in the even numbered years, but shall only be submitted to the people of the political subdivision or subdivisions directly affected; provided, however, that if a special election is called for the submission of proposed general amendments to the people, such proposed amendments which are not general shall also be submitted at said special election to the people of the appropriate political subdivision. The votes of the electors in each political subdivision affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors quali fied to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitution. The General Assembly, in the resolution, shall state the language to be used in submitting the proposed amendment or proposal for a new Constitution. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, but this shall not apply to a proposal for a new 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 provide that once the General Assembly has adopted ten proposed

THURSDAY, JANUARY 24, 1974

259

general amendments to the Constitution, the Governor ( ) NO shall be authorized to call a special election at any time
before the next general election for the purpose of submitting the amendments to the people, and to pro vide for the submission of amendments which are not general?"

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 Senate Committee on Judiciary offered the following substitute to SR 28:

A RESOLUTION

$

Proposing an amendment to the Constitution so as to provide that any proposed amendment to this Constitution or a proposal for a new Constitution shall be submitted to the people for ratification or rejection at an election to be held on the first Tuesday following the first Monday in November in each odd-numbered year; to provide for the submission of amendments which are not general and other referenda; 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 XIII, Section I, Paragraph I of the Constitution is hereby amended by striking therefrom the following:

"Any proposed amendment which is general or a proposal for a new Constitution shall be submitted to the people of the entire State at the next general election which is held in the even-numbered years, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution or shall be come the new Constitution, as the case may be. A proposed amend ment which is not general shall be submitted at the next general election which is held in the even-numbered years, but shall only be submitted to the people of the political subdivision or subdivi sions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in each such political sub division before it shall become a part of this Constitution. The General Assembly, in the Resolution, shall state the language to be used in submitting the proposed amendment or proposal for a new Constitution. When more than one amendment is submitted at the

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JOURNAL OP THE SENATE,

same time, they shall be so submitted as to enable the electors to vote on each amendment separately, but this shall not apply to a proposal for a new Constitution.",

and inserting in lieu thereof the following:

"Any proposed amendment to this Constitution or a proposal for a new Constitution shall be submitted to the people of the entire State at an election to be held on the first Tuesday following the first Monday in November in each odd-numbered year, and if ratified by a majority of the qualified electors voting thereon, such amendment shall become a part of this Constitution or shall become the new Constitution, as the case may be. A proposed amendment which is not general and other referenda shall be submitted at the same election which is held in the odd-numbered numbered year, but shall only be submitted to the people of the political subdivision or subdivisions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in deter mining whether such proposed local constitutional amendment is ratified, and it must be ratified by a majority of the qualified elec tors voting thereon in each such political subdivision before it shall become a part of this Constitution. The General Assembly, in the resolution, shall state the language to be used in submitting the proposed amendment or proposal for a new Constitution. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, but this shall not apply to a proposal for a new Con stitution. No proposed amendment to this Constitution, whether general or local, or any proposal for a new Constitution shall be submitted to the people for ratification in any even-numbered year."

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 any proposed amendment to this Constitution or a proposal for a new Constitution shall be submitted to
( ) NO the people for ratification or rejection at an election to be held on the first Tuesday following the first Monday in November in each odd-numbered year, and to provide for the submission of amendments which are not general and referenda?"

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.

THURSDAY, JANUARY 24, 1974

261

Senator Hamilton of the 26th offered the following amendment:

Amend the committee substitute to SR 28 by striking on Page 2, line 24, after the word, "odd-numbered" and before the word "year", the word, "numbered".

On the adoption of the amendment, the ayes were 44, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the ayes were 40, nays 2, and the com mittee substitute was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Carter Dean Doss Duncan Eldridge Hamilton

Holloway Howard Jackson Johnson Kidd Langford Moore Parker

Rowan Salter Skene Summers Sutton Ward Wasden Young

Those voting in the negative were Senators:

Broun of 46th Brown of 47th Coggin Coverdell Cox Fincher Garrard Gillis Henderson Herndon

Hill Holley Kennedy Lester London McDuffie McGill Overby Reynolds Riley

Smalley Smith Starr Stephens Thompson Tysinger Warren Webb Zipperer

Those not voting were Senators Cleland and Hudgins.

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JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 25, nays 29.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

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

HB 455. By Messrs. Bennett, Reaves and Patten of the 124th:
A bill to provide for the licensing of transient merchants; to provide for the procedures therefor.

Senator Smith of the 34th moved that the Senate adhere to the amendments of the Senate to HB 455 and that a Conference Committee be appointed.

On the motion, the ayes were 42, nays 0; the motion prevailed, and the Senate amendments to HB 455 were adhered to.

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

Senators Smith of the 34th, Kidd of the 25th and Stephens of the 36th.

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.

FRIDAY, JANUARY 25, 1974

263

Senate Chamber, Atlanta, Georgia Friday, January 25, 1974

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today, and was called to order by Senator Gillis of the 20th, President Pro Tempore.

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.

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 1420. By Messrs. Phillips of the 103rd and Rush of the 104th:
A bill creating and establishing a Small Claims Court for Toombs County, to be known as the Small Claims Court of Toombs County; to prescribe the jurisdiction of said court.

HB 1438. By Messrs. Lee, Northcutt, Bailey, and Johnson of the 68th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner of Clayton County, so as to change the compensation of the Deputy Tax Commissioner.

HB 1439. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A bill to amend an Act creating the Board of Commissioners of Clayton County, so as to create Commissioner Districts and Commissioner Posts.

HB 1453. By Mr. Fraser of the 117th:
A bill to incorporate the City of Walthourville in the County of Liberty; to create a charter for said city.

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JOURNAL OF THE SENATE,

HB 1456. By Messrs. Rush of the 104th and Brantley of the 92nd:
A bill to create the Reidsville Airport Authority; to provide for the membership thereof.

HB 1468. By Mr. Brantley of the 92nd:
A bill to amend an Act creating the office of Tax Commissioner of Candler County, so as to place the compensation of the Tax Commissioner of Candler County on a salary basis in lieu of a fee basis.

HB 1469. By Mr. Brantley of the 92nd:
A bill to amend an Act placing the Sheriff of Candler County on a salary in lieu of fees, so as to change the salary of the sheriff; to change the provisions relating to deputies and automobiles.

HB 1343. By Mr. Harris of the 51st:
A bill to amend Code Title 59, relating to juries, so as to provide for investigative grand juries in certain counties (population of not less than 400,000 or more than 600,000).

HB 1401. By Mr. Atherton of the 19th:
A bill to amend Code Chapter 79A-4, relating to pharmacists, so as to authorize the Joint Secretary, State Examining Boards, to issue tempo rary licenses under certain conditions.

HB 1309. By Messrs. Johnson, Lee, Bailey and Northcutt of the 68th:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide that real estate salesmen shall furnish evidence of completion of thirty in-class hours in a course of study approved by the Commission or, in lieu thereof, a correspondence course approved by the Commission, or furnish a certificate that he has successfully com pleted at least 15 credit hours in subjects related to real estate at an accredited college.
HB 1241. By Messrs. Lane of the 40th and Adams of the 36th:
A bill to create a State Boxing Commission; to provide the jurisdiction, duties and authority of said Commission.

HB 1262. By Mr. Reaves of the 124th:
A bill to amend Code Title 62, relating to livestock, so as to substantially revise, modernize and supersede Code Chapter 62-1, relating to marks

FRIDAY, JANUARY 25, 1974

265

and brands; to establish within the Department of Agriculture a Division of Marks and Brands.

HB 1359. By Messrs. Dorminy of the 115th, Dixon of the 126th and others:
A bill to amend Code Chapter 26-13, pertaining to crimes involving bodily injury and related offenses, so as to provide that it shall be un lawful for a person to inflict a violent injury or attempt to commit a violent injury to the person of another while such person is riding upon any conveyance being operated by any public carrier or railroad.

HB 1306. By Mr. Wheeler of the 13th:
A bill to amend an Act prohibiting the distribution, sale or delivery of prescription eyeglasses or sunglasses unless said eyeglasses or sun glasses are fitted with heat-treated glass lenses, plastic lenses or lami nated lenses, so as to delete the provision prohibiting the distribution sale or delivery of prescription eyeglasses or sunglasses unless such eyeglasses or sunglasses are fitted with lenses which meet certain requirements.

HB 1100. By Mr. Davis of the 85th:
A bill to amend Section 92-3113 of the Code of Georgia of 1933, so as to provide for the clarification of the Three Factor Ratio so that the pay roll factor conforms to the Uniform Division of Income for Tax Purposes Act and the Multistate Tax Compact.
HB 1346. By Messrs. Alien of the 108th, Ellis of the 107th and many others:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, so as to change the provisions relative to additional license fees for commercial fishing boats of aliens and non-residents.

HB 1104. By Mr. Cole of the 6th: A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to require dealers found to be delinquent or otherwise in default under the Act to furnish a good and valid bond in a surety company.
HB 1356. By Mr. Hudson of the 115th:
A bill to amend an Act regulating the practice of professional sani tarians, so as to authorize an applicant for a license to take the exami nation prior to completion of the experience requirement.

266

JOURNAL OF THE SENATE,

HB 1303. By Mr. Levitas of the 50th:
A bill to amend an Act known as "The Municipal Home Rule Act of 1965", so as to change the provisions relative to fixing the compensa tion of members of the governing authorities of municipalities.

HB 1411. By Messrs. Levitas of the 50th and Atherton of the 19th: A bill to require certain counties and municipalities of this State to file certain reports with the State Office of Planning and Budget.
HB 1245. By Messrs. Lane of the 40th and Adams of the 36th: A bill to amend an Act known as the "Georgia Firearms and Weapons Act", so as to change the definition of the term "sawed-off shotgun".
The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:
HR 493. By Messrs. Gignilliat of the 105th, Jones of the 109th, Triplett of the lllth and others: A resolution proposing an amendment to the Constitution so as to authorize an increase in retirement benefits of persons retired under the retirement system of the Board of Public Education for the City of Savannah and the County of Chatham.
HR 501. By Mr. Brantley of the 92nd: A resolution proposing an amendment to the Constitution so as to change the membership of the Bryan County Industrial Development Au thority.
The House has adopted the following resolutions of the House and Senate, to-wit:
HR 527. By Messrs. Snow of the 1st, Murphy of the 18th, Hays of the 1st and others: A resolution extending congratulations on the birth of Anna Louise Abney.
HR 528. By Messrs. Patten and Bennett of the 124th, Greer of the 43rd and others: A resolution honoring the Reverend John W. Harrell, Sr.

FRIDAY, JANUARY 25, 1974

267

HR 530. By Mr. Adams of the 36th and others: A resolution honoring Charles H. Leftwich.

SR 273. By Senator Kidd of the 25th: A resolution expressing regret at the passing of Mary Florence Moore.

SR 278. By Senators Langford of the 51st, Broun of the 46th, Doss of the 52nd and others:
A resolution expressing regrets at the passing of James Wallace "Wally" Butts.

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

SB 551. By Senator Bell of the 5th:
A bill to amend an Act making it unlawful for any person to employ persons under 18 years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale, as amended, so as to authorize the employment of persons under 18 years of age in grocery stores where beer or wine, or both, are sold but not consumed on the premises.
Referred to Committee on Temperance.

SB 552. By Senator Johnson of the 38th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to authorize the sale of alcoholic beverages and liquors during certain hours on Sundays in all municipalities in this State having populations of not ness than 500,000.
Referred to Committee on Temperance.

SB 553. By Senator Smith of the 34th:
A bill to amend Code Title 34, relating to elections, as amended, so as to extend the period of time allowed for the registration of electors prior to a special election.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

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JOURNAL OF THE SENATE,

SB 554. By Senator Smith of the 34th:
A bill to amend Code Section 26-2001, relating to the crime of rape, so as to provide that when a person shall be convicted of rape and the punishment imposed shall not be death, such person shall also be sen tenced to the surgical removal of his testicles.
Referred to Committee on Special Judiciary.

SB 555. By Senators Reynolds of the 48th and Kennedy of the 4th:
A bill to amend Code Section 92-1403, relating to the taxation of motor fuel, as amended, particularly by an Act known as the "Motor Fuel Tax Law", as amended, so as to change the provisions relative to certain exemptions for motor fuel of a type other than gasoline used for non highway purposes; to provide for sanctions in connection therewith.
Referred to Committee on Highways.

SB 556. By Senators Stephens of the 36th, Hudgins of the 15th, Cleland of the 55th and Barker of the 18th:
A bill to amend an Act providing for additional points for certain ap plicants taking examinations given by any examining board or com mission whose records are maintained by the Joint Secretary, State Examining Boards as amended, so as to provide for additional classes of applicants.
Referred to Committee on Defense and Veterans Affairs.
SB 557. By Senators Rowan of the 8th, Broun of the 46th, Garrard of the 37th and others:
A bill to provide for the orderly development and wise use of "Vital Areas" of this State; to provide a short title; to provide a declaration of policy; to provide definitions, including definitions of the "Vital Areas" of this State; to provide for the creation of the Vital Areas Commission; to provide for the terms and offices of the Commission; to provide the powers and duties of the Commission.
Referred to Committee on Natural Resources and Environmental Quality.
SB 558. By Senator Starr of the 44th:
A bill to amend an Act known as the "Georgia Proprietary School Act", as amended, so as to change the provisions relative to a certain exemp tion; to delete certain provisions relative to the registration of repre sentatives and the issuance of permits in connection therewith; to provide for all matters relative thereto.
Referred to Committee on Elementary and Secondary Education.

FRIDAY, JANUARY 25, 1974

269

SB 559. By Senator Starr of the 44th:
A bill to amend an Act establishing a State Board of Education, as amended, so as to repeal that Section thereof relative to standards prescribed by the State Board of Education for universities, colleges, normal or professional schools conferring degrees or issuing diplomas in this State.
Referred to Committee on Elementary and Secondary Education.

SB 560. By Senators McGill of the 24th and Ballard of the 45th:
A bill to amend an Act regulating the sale, inspection, importation and distribution of fluid milk and milk products for human consumption, as amended, so as to provide for the filing of wholesale price lists of fluid milk and fluid milk products with the Commissioner of Agricul ture; to provide for the sale of fluid milk and fluid milk products in accord with such price lists.
Referred to Committee on Agriculture.
SB 561. By Senators Lester of the 23rd, Overby of the 49th and Webb of the llth:
A bill to require all warranty deeds recorded in this State to include a derivation clause; to provide the procedure connected therewith; to provide that the several clerks of the superior courts of this State shall not record any warranty deeds unless a derivation clause is included thereon; to provide for exceptions.
Referred to Committee on Special Judiciary.

SB 562, By Senators Lester of the 23rd and Doss of the 52nd:
A bill to amend Code Section 88-504.2, relating to admission of a mentally ill person to an emergency receiving facility, as amended, so as to provide for examinations; to provide for orders; to provide for records and reports; to provide for delivery of certain persons to emergency receiving facilities; to provide for other matters relative to the foregoing.
Referred to Committee on Institutions and Mental Health.

SB 563. By Senators Lester of the 23rd and Doss of the 52nd:
A bill to amend Code Section 88-404.7, relating to admission of certain persons to emergency receiving facilities, so as to provide for custody and examination of persons appearing to be an alcoholic or drug de pendent individual; to provide for delivery of persons found to be an alcoholic or drug dependent individual to designated emergency facilities.
Referred to Committee on Institutions and Mental Health.

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JOURNAL OF THE SENATE,

SB 564. By Senators Gillis of the 20th and Broun of the 46th:
A bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, so as to change the amount of such grant; to provide for the inclusion of graduate and pro fessional students.
Referred to Committee on University System of Georgia.

SB 565. By Senators Gillis of the 20th, Cox of the 21st and Holley of the 22nd: A bill to amend Code Section 39-1201, relating to the time, place and manner of holding public sales of property under execution, as amended, so as to provide for alternative days on which such public sales shall be conducted under certain circumstances; to amend an Act prescribing the time within which public sales shall be held, so as to change the provisions relating to the time within which such public sales shall be held.
Referred to Committee on Special Judiciary.
SR 288. By Senator Johnson of the 38th: A resolution authorizing the Senate Judiciary Committee to study a State Tort Claims Act for Georgia during the interim.
Referred to Committee on Rules.
SR 289. By Senator Johnson of the 38th: A resolution authorizing the Senate Judiciary Committee to function during the interim.
Referred to Committee on Rules.
SR 293. By Senator Jackson of the 16th: A resolution proposing an amendment to the Constitution, so as to exempt from all ad valorem taxation real property of a significant historical value which has been restored or reconstructed, which is open to the public and which is certified by the Department of Natural Re sources ; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking and Finance.
SR 295. By Senator Cleland of the 55th: A resolution relative to the repression and denial of basic human rights of citizens of the Soviet Union under international law.
Referred to Committee on Rules.

FRIDAY, JANUARY 25, 1974

271

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

HB 1343. By Mr. Harris of the 51st:
A bill to amend Code Title 59, relating to juries, so as to provide for investigative grand juries in certain counties (population of not less than 400,000 or more than 600,000).
Referred to Committee on County and Urban Affairs.

HB 1420. By Messrs. Phillips of the 103rd and Rush of the 104th: A bill creating and establishing a Small Claims Court for Toombs Coun ty, to be known as the Small Claims Court of Toombs County; to pre scribe the jurisdiction of said court.
Referred to Committee on County and Urban Affairs.
HB 1438. By Messrs. Lee, Northcutt, Bailey, and Johnson of the 68th: 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 of Clayton County, so as to change the compensation of the Deputy Tax Commissioner.
Referred to Committee on County and Urban Affairs.
HB 1439. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th: A bill to amend an Act creating the Board of Commissioners of Clayton County, so as to create Commissioner Districts and Commissioner Posts.
Referred to Committee on County and Urban Affairs.

HB 1453. By Mr. Fraser of the 117th:
A bill to incorporate the City of Walthourville in the County of Liberty; to create a charter for said city.
Referred to Committee on County and Urban Affairs.

HB 1456. By Messrs. Rush of the 104th and Brantley of the 92nd:
A bill to create the Reidsville Airport Authority; to provide for the membership thereof.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1468. By Mr. Brantley of the 92nd:
A bill to amend an Act creating the office of Tax Commissioner of Candler County, so as to place the compensation of the Tax Commis sioner of Candler County on a salary basis in lieu of a fee basis; to provide for clerical personnel.
Referred to Committee on County and Urban Affairs.

HB 1469. By Mr. Brantley of the 92nd:
A bill to amend an Act placing the Sheriff of Candler County on a salary in lieu of fees, so as to change the salary of the sheriff; to change the provisions relating to deputies and automobiles.
Referred to Committee on County and Urban Affairs.

HB 1100. By Mr. Davis of the 85th:
A bill to amend Section 92-3113 of the Code of Georgia of 1933, so as to provide for the clarification of the Three Factor Ratio so that the payroll factor conforms to the Uniform Division of Income for Tax Purposes Act and the Multistate Tax Compact.
Referred to Committee on Banking and Finance.

HB 1104. By Mr. Cole of the 6th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to require dealers found to be delinquent or otherwise in default under the Act to furnish a good and valid bond in a surety company.
Referred to Committee on Banking and Finance.

HB 1241. By Messrs. Lane of the 40th and Adams of the 36th:
A bill to create a State Boxing Commission; to provide the jurisdiction, duties and authority of said Commission.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1245. By Messrs. Lane of the 40th and Adams of the 36th:
A bill to amend an Act known as the "Georgia Firearms and Weapons Act", so as to change the definition of the term sawed-off shotgun.
Referred to Committee on Special Judiciary.

FRIDAY, JANUARY 25, 1974

273

HB 1262. By Mr. Reaves of the 124th:
A bill to amend Code Title 62, relating to livestock, so as to substantially revise, modernize and supersede Code Chapter 62-1, relating to marks and brands; to establish within the Department of Agriculture a Divi sion of Marks and Brands.
Referred to Committee on Agriculture.

HB 1303. By Mr. Levitas of the 50th:
A bill to amend an Act known as "The Municipal Home Rule Act of 1965", so as to change the provisions relative to fixing the compensation of members of the governing authorities of municipalities.
Referred to Committee on Banking and Finance.

HB 1306. By Mr. Wheeler of the 13th:
A bill to amend an Act prohibiting the distribution, sale or delivery of prescription eyeglasses or sunglasses under certain circumstances, so as to delete certain provisions.
Referred to Committee on Health and Welfare.

HB 1309. By Messrs. Johnson, Lee, Bailey and Northcutt of the 68th:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide that salesmen shall furnish evidence of completion of thirty hours in a course of study approved by the Com mission or, in lieu thereof a correspondence course, or furnish a certifi cate that he has completed at least 15 hours in subjects related to real estate.
Referred to Committee on Business, Trade and Commerce.

HB 1346. By Messrs. Alien of the 108th, Ellis of the 107th, Jones of the 109th and others:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws of this State relative to game and fish, so as to change the provisions relative to additional license fees for commercial fishing boats of aliens and nonresidents.
Referred to Committee on Natural Resources and Environmental Equality.

HB 1356. By Mr. Hudson of the 115th:
A bill to amend an Act regulating the practice of professional sani tarians, so as to authorize an applicant for a license to take the exami nation prior to completion of the experience requirement.
Referred to Committee on Health and Welfare.

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JOURNAL OF THE SENATE,

HB 1359. By Messrs. Dorminy of the 115th, Dixon of the 126th, Castleberry of the 96th and others:
A bill to amend Code Chapter 26-13, pertaining to crimes involving bodily injury and related offenses, so as to provide that it shall be un lawful for a person to inflict a violent injury or attempt to commit a violent injury to the person of another while such person is riding upon any conveyance being operated by any public carrier or railroad.
Referred to Committee on Special Judiciary.

HB 1401. By Mr. Atherton of the 19th:
A bill to amend Code Chapter 79A-4, relating to pharmacists, so as to authorize the Joint Secretary, State Examining Boards, to issue tempo rary licenses under certain conditions.
Referred to Committee on Health and Welfare.

HB 1411. By Messrs. Levitas of the 50th and Atherton of the 19th:
A bill to require certain counties and municipalities of this State to file certain reports with the State Office of Planning and Budget.
Referred to Committee on County and Urban Affairs.

HR 493. By Messrs. Gignilliat of the 105th, Jones of the 109th, Triplett of the lllth and others:
A resolution proposing an amendment to the Constitution so as to au thorize an increase in retirement benefits of persons retired under the retirement system of the Board of Public Education for the City of Savannah and the County of Chatham.
Referred to Committee on County and Urban Affairs.

HR 501. By Mr. Brantley of the 92nd:
A resolution proposing an amendment to the Constitution so as to change the membership of the Bryan County Industrial Development Au thority.
Referred to Committee on County and Urban Affairs.

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

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275

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 501. Do pass. SB 513. Do pass. SR 193. Do pass. SR 194. Do pass.

Respectfully submitted, Holley of 22nd District, Chairman.

Senator Jackson of the 16th District, Chairman of the Committee on Business, Trade and Commerce, submitted the following report:
Mr. President:
Your Committee on Business, Trade and Commerce has had under considera tion the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 479. Do pass. SB 502. Do pass.
Respectfully submitted, Jackson of 16th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
SB 507. Do pass. SB 529. Do pass. HB 583. Do pass. HB 1308. Do pass. HB 1311. Do pass. HB 1312. Do pass.

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HB 1322. Do pass. HB 1347. Do pass. HB 1348. Do pass. HB 1385. Do pass. HB 1393. Do pass. HB 1398. Do pass. SR 281. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Kidd of the 25th 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 116. Do pass as amended. SB 424. Do pass. SB 433. Do pass. SB 483. Do pass. SR 250. Do pass.
Respectfully submitted, Kidd of 25th District, Chairman.

Senator Starr of the 44th District, Chairman of the Committee on Elementary and Secondary Education, submitted the following report:
Mr. President:
Your Committee on Elementary and Secondary Education has had under

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277

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 504. Do pass. Respectfully submitted, Starr of 44th District, Chairman.

Senator Lester of the 23rd District, Chairman of the Committee on Institu tions and Mental Health, submitted the following report:
Mr. President:
Your Committee on Institutions and Mental Health has had under considera tion the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 495. Do pass as amended.
Respectfully submitted, Lester of 23rd District, Chairman.

Senator Johnson of the 38th District, Chairman of the Committee on Judici ary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 489. Do pass. SB 505. Do pass. SB 506. Do pass. HB 886. Do not pass.
Respectfully submitted, Johnson of 38th District, Chairman.

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

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SB 441. By Senator Holloway of the 12th:
A bill to require the recording of the Ayes and Nays upon each and every vote taken by each House of the General Assembly on any bill or resolution fixing the compensation of any official, except county and municipal officials.

SB 449. By Senator Kidd of the 25th:
A bill to amend Code Section 79A-9917, relating to penalties for violating certain criminal provisions of Title 79A of the Georgia Code, relating to pharmacists, pharmacy and drugs, as amended, so as to define the term "marijuana"; to provide an effective date.

SB 453. By Senators Howard of the 42nd and Ballard of the 45th: A bill to provide for service by a judge emeritus of the superior court as a State court judge in a county within his judicial circuit or an adjoining judicial circuit; to require a request by a judge of the State court for such service on the part of a judge emeritus of the superior court.
HB 370. By Messrs. Savage of the 30th, Brown of the 67th, Noble of the 48th and others: A bill to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, so as to prohibit the use of hypnotism, mesmerism and similar act or process except under certain circumstances.
HB 451. By Mr. Burton of the 47th: A bill to amend Code Title 88, known as the "Georgia Health Code", so as to provide for public health regulation of sources of emission of ambient noise detrimental to public health or to the enjoyment of life or property.
HB 951. By Messrs. Strickland and Harrison of the 116th: A bill to amend Code Chapter 84-9, relating to medical practitioners and Code Section 84-907.1, relating to the medical licensure of aliens, so as to provide that aliens who have resided within the U. S. for at least 1 year and who have filed an application for permanent residency status shall be eligible to stand examination for a license to practice medicine.
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:

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279

SB 487. By Senator Salter of the 17th:
A bill to amend an Act creating a new charter for the City of Flovilla, approved Mar. 30, 1970 (Ga. Laws 1970, p. 2735), so as to change certain of the provisions thereof pertaining to the prosecuting officer of the city court; to provide the procedures connected therewith.

The report 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 743. By Mr. Ritchie of the llth:
A bill to amend an Act incorporating the City of Cornelia, so as to change the compensation of the mayor and the commissioners.

The report 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 1259. By Mr. Odom of the 114th and others:
A bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, so as to change the salary of the sheriff of Dougherty County.

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

On the passage of the bill, the ayes were 45, nays 0.

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

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HB 1278, By Mr. Patten of the 124th:
A bill to amend an Act incorporating the City of Lakeland, so as to change the provisions relating to the election of the mayor and alderman of the City of Lakeland.

The report 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.

The following resolutions of the Senate and House were read and adopted:

SR 291. By Senator Johnson of the 38th:
A resolution expressing deepest sympathy at the tragic death of Patricia Anne Walker.

SR 294. By Senator Cleland of the 55th:
A resolution relative to the high professional standards, the conscientious programming and the continuing community service rendered by WRASFM of Atlanta.

SR 296. By Senators Henderson of the 33rd, Langford of the 51st, Doss of the 52nd and others:
A resolution requesting the Board of Regents of the University System of Georgia to elevate Kennesaw Junior College to the status of a fouryear college within the University System.

SR 297. By Senators Thompson of the 32nd and Henderson of the 33rd: A resolution commending Mr. William "Bill" Hambrick.

HR 504. By Mr. Alexander of the 38th: A resolution commending Dr. Waldo W. E. Blanchet.

HR 527. By Messrs. Snow and Hays of the 1st, Murphy of the 18th, and Lewis of the 77th:
A resolution extending congratulations on the birth of Anna Louise Abney.

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281

HR 528. By Messrs. Patten of the 124th, Greer of the 43rd and others: A resolution honoring The Reverend John W. Harrell, Sr.

HR 530. By Messrs. Adams of the 36th, Stephens of the 37th, Brantley of the 22nd and others:
A resolution honoring Charles H. Leftwich.

Senator Gillis of the 20th, who was presiding, ordered the morning roll call, and the following Senators answered to their names:

Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Dean Doss Duncan Eldridge Garrard Gillis Hamilton Henderson Herndon

Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Riley

Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not answering were Senators

Ballard Cleland Cox

Fincher Moore Parker

Reynolds Rowan

The following communications were read by the Secretary:
HOUSE OF REPRESENTATIVES ATLANTA, GEORGIA January 23,1974
Honorable Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia
RE: House Bill 1082
Dear Mr. Fortson: On April 18, 1973, Governor Carter vetoed House Bill 1082. On
January 23, 1974, the House by vote of 135 to 6 overrode the Governor's

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JOURNAL OP THE SENATE,

veto, and on January 23, 1974, by a vote of 44 to 10 the Senate overrode the Governor's veto.

It is my opinion that this bill by such House and Senate action has now become law and should be transmitted directly to you rather than being routed through the Governor's office. Accordingly the same is attached hereto for your further handling.

With kindest regards, I am

Cordially yours, /s/ Glenn W. Ellard
Glenn W. Ellard, Clerk House of Representatives
Enc. cc: Governor Jimmy Carter
Honorable Thomas B. Murphy, Speaker of House Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank Edwards, Legislative Counsel

Receipt of the above bill is hereby acknowledged this 24th day of January 1974.

/s/ Ben W. Fortson Jr. Secretary of State

HOUSE OF REPRESENTATIVES ATLANTA, GEORGIA

January 23, 1974

Honorable Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia
RE: House Bill 1221

Dear Mr. Fortson:
On April 18, 1973, Governor Carter vetoed House Bill 1221. On January 23, 1974, the House by vote of 127 to 13 overrode the Governor's veto, and on January 23, 1974, by a vote of 45 to 9 the Senate overrode the Governor's veto.
It is my opinion that this bill by such House and Senate action has now become law and should be transmitted directly to you rather than

FRIDAY, JANUARY 25, 1974

283

being routed through the Governor's office. Accordingly the same is attached hereto for your further handling.

With kindest regards, I am
Cordially yours, /a/ Glenn W. Ellard
Glenn W. Ellard, Clerk House of Representatives Enc.
cc: Governor Jimmy Carter Honorable Thomas B. Murphy, Speaker of House Honorable Hamilton McWhorter, Jr., Secretary of Senate
Honorable Frank Edwards, Legislative Counsel

Receipt of the above bill is hereby acknowledged this 24th day of January 1974.
/a/ Ben W. Fortson Jr.
Secretary of State

HOUSE OF REPRESENTATIVES Atlanta, Georgia

January 23, 1974
Honorable Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia
RE: House Bill 1079

Dear Mr. Fortson:

On April 18, 1973, Governor Carter vetoed House Bill 1079. On January 23, 1974, the House by vote of 130 to 16 overrode the Governor's veto, and on January 23, 1974, by a vote of 44 to 10 the Senate overrode the Governor's veto.

It is my opinion that this bill by such House and Senate action has now become law and should be transmitted directly to you rather than being routed through the Governor's office. Accordingly the same is attached hereto for your further handling.

With kindest regards, I am

Cordially yours,
/s/ Glenn W. Ellard Glenn W. Ellard, Clerk House of Representatives

284

JOURNAL OF THE SENATE,

Enc. cc: Governor Jimmy Carter
Honorable Thomas B. Murphy, Speaker of House Honorable Hamilton McWhorter, Jr. Secretary of Senate Honorable Frank Edwards, Legislative Counsel

Receipt of the above bill is hereby acknowledged this 24th day of January 1974.
I si Ben W. Fortson, Jr. Secretary of State

HOUSE OF REPRESENTATIVES Atlanta, Georgia

January 23,1974
Honorable Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia
RE: House Bill 1071

Dear Mr. Fortson:

On April 18, 1973, Governor Carter vetoed House Bill 1071. On January 23, 1974, the House by vote of 138 to 7 overrode the Governor's veto, and on January 23, 1974, by a vote of 43 to 10 the Senate overrode the Governor's veto.

It is my opinion that this bill by such House and Senate action has now become law and should be transmitted directly to you rather than being routed through the Governor's office. Accordingly the same is attached hereto for your further handling.

With kindest regards, I am

Cordially yours, /s/ Glenn W. Ellard
Glenn W. Ellard, Clerk House of Representatives
Enc. cc: Governor Jimmy Carter
Honorable Thomas B. Murphy, Speaker of House Honorable Hamilton McWhorter, Secretary of Senate Honorable Frank Edwards, Legislative Counsel

Receipt of the above bill is hereby acknowledged this 24th day of January 1974.
/s/ Ben W. Fortson, Jr. Secretary of State

FRIDAY, JANUARY 25, 1974

285

HOUSE OF REPRESENTATIVES Atlanta, Georgia
January 23, 1974
Honorable Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia
RE: House Bill 1059
Dear Mr. Fortson:
On April 18, 1973, Governor Carter vetoed House Bill 1059. On January 23, 1974, the House by vote of 139 to 6 overrode the Governor's veto, and on January 23, 1974, by a vote of 44 to 10 the Senate overrode the Governor's veto.
It is my opinion that this bill by such House and Senate action has now become law and should be transmitted directly to you rather than being routed through the Governor's office. Accordingly the same is attached hereto for your further handling.
With kindest regards, I am
Cordially yours,
lal Glenn W. Ellard Glenn W. Ellard, Clerk House of Representatives
Enc.
cc: Governor Jimmy Carter
Honorable Thomas B. Murphy, Speaker of House
Honorable Hamilton McWhorter, Jr., Secretary of Senate
Honorable Frank Edwards, Legislative Counsel
Receipt of the above bill is hereby acknowledged this 24th day of January 1974.
Is/ Ben W. Fortson, Jr. Secretary of State
HOUSE OF REPRESENTATIVES Atlanta, Georgia
January 23,1974
Honorable Ben W. Fortson, Jr. Secretary of State Atlanta, Georgia
RE: House Bill 577
Dear Mr. Fortson:
On April 18, 1973, Governor Carter vetoed House Bill 577. On

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JOURNAL OP THE SENATE,

January 22, 1974, the House by vote of 129 to 26 overrode the Governor's veto, and on January 23, 1974, by a vote of 41 to 12 the Senate overrode the Governor's veto.

It is my opinion that this bill by such House and Senate action has now become law and should be transmitted directly to you rather than being routed through the Governor's office. Accordingly the same is attached hereto for your further handling.

With kindest regards, I am

Cordially yours,
/s/ Glenn W. Ellard Glenn W. Ellard, Clerk House of Representatives

Enc. cc: Governor Jimmy Carter
Honorable Thomas B. Murphy, Speaker of House Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank Edwards, Legislative Counsel

Receipt of the above bill is hereby acknowledged this 24th day of January 1974.

/s/ Ben W. Portson, Jr. Secretary of State

Senator Duncan of the 30th introduced as Chaplain The Reverend Kenneth Shaw, pastor, Unity Baptist Church, Newnan, Georgia, who offered scripture reading and prayer.
Senator Holley of the 22nd assumed the Chair.
The following general bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 439. By Senator Brown of the 47th:
A bill to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety con cerning the ability to sustain shock, approved April 1, 1971 (Ga. Laws 1971, p. 373), so as to change the definition of the term "private pas senger automobile"; to provide an effective date.

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287

The Committee on Public Utilities and Transportation offered the following amendment:

Amend SB 439 by striking on Page 1, lines 16 through 24 in their entirety and inserting in lieu thereof the following:

"Section 1. For the purpose of this Act, the term 'private passenger automobile' shall mean a four-wheeled motor vehicle designed for carrying ten passengers or less not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping, except a multi-purpose passenger vehicle which is constructed either on a truck chassis or with special features for occasional off-road operation."

On the adoption of the amendment, the ayes were 0, nays 37, and the com mittee amendment was lost.

Senator Coggin of the 35th offered the following amendment:
Amend SB 439 by striking on Page 1, lines 16 through 24 in their entirety and inserting in lieu thereof the following:
"Section 1. For the purpose of this Act, the term 'private passenger automobile' shall mean a four-wheeled motor vehicle designed for carrying ten passengers or less not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping, except a multi-purpose vehicle, which is, for the purposes of this Act, defined as a motor vehicle with motive power, except a trailer, designed to carry ten passengers or less which is constructed either on a truck chassis or with special features for occasional off-road operation."

On the adoption of the amendment, the ayes were 42, nays 0, and the amend ment was adopted.

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

On the passage of the bill, Senator Holley of the 22nd, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th

Brown of 47th Carter Cleland

Coggin Coverdell Cox

288
Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holloway Howard Hudgins

JOURNAL OF THE SENATE,

Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Reynolds Riley Salter Skene

Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Ballard Holley (presiding)

Jackson Moore

Rowan Young

On the passage of the bill, the ayes were 50, nays 0.

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

Senator Coggin of the 35th moved that SB 439 be immediately transmitted to the House.

On the motion, the ayes were 38, nays 0; the motion prevailed, and SB 439 was immediately transmitted to the House.

SB 450. By Senator Kidd of the 25th:
A bill to require certain reflective materials upon certain bicycles; to provide penalties; to repeal certain specific provisions of conflicting laws.

The Committee on Public Utilities and Transportation offered the following amendment:
Amend SB 450 by striking on Page 1, lines 7 and 8, the following:
"sell, offer to sell or purchase at retail a bicycle for operation", and substituting in lieu thereof the following:
"operate a bicycle".

FRIDAY, JANUARY 25, 1974

289

And, by striking in its entirety Section 2, and by renumbering Sec tions 3 through 5 as Sections 2 through 4, respectively.

On the adoption of the amendment, the ayes were 2, nays 37, and the amend ment was lost.

Senator Webb of the llth offered the following amendment:
Amend SB 450 by striking from lines 7 and 8 of Page 1 the words "purchase at retail" and substituting therefor the word "operate".

On the adoption of the amendment, the ayes were 44, nays 0, and the amend ment was adopted.

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

On the passage of the bill, Senator Holley of the 22nd, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators :

Barker Bell Broun of 46th Brown of 47th Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holloway Howard Johnson Kennedy Kidd Langford Lester McDuffie McGill Overby Parker Reynolds Riley Rowan

Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators :

Ballard Carter Cleland

Holley (presiding) Hudgins Jackson

London Moore

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 as amended.

HB 644. By Mr. Floyd of the 5th:
A bill to amend an Act creating the Claims Advisory Board, so as to change the provisions relating to the time when a resolution may be introduced and recommendations made thereon by the Board.

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 who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Holloway Howard Johnson Kennedy Kidd Langford McDuffie McGill Overby Parker Reynolds Riley Rowan

S alter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Hill Holley (presiding)

Hudgins Jackson Lester

London Moore

On the passage of the bill, the ayes were 48, nays 0.

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

Senator Starr of the 44th moved that the following bill of the House be recommitted to the Committee on Elementary and Secondary Education:

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291

HB 367. By Mr. Farrar of the 52nd: A bill to create an educational research and development program.

On the motion, the ayes were 38, nays 0; the motion prevailed, and HB 367 was recommitted to the Committee on Elementary and Secondary Education.

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

HB 76. By Messrs. Brown, Dickey and Berlin of the 89th:
A bill to amend Code Section 27-2506, relating to how misdemeanors shall be punished, so as to provide for alternative and additional punish ments for misdemeanors and city ordinances involving traffic offenses.

The Committee on Judiciary offered the following amendment:
Amend HB 76 by deleting on Page 2, subsection (b) of Section 1 and by renumbering subsections (c), (d), (e) and (f) as (b), (c), (d) and (e).
On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted.

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

On the passage of the bill, Senator Holley of the 22nd, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin
Coverdell Cox Doss
Eldridge

Fincher
Garrard Gillis Hamilton Henderson Herndon Hill Holloway Howard
Johnson Kennedy

Kidd Lester London
McDuffie McGill Overby Parker Reynolds Riley

292
Rowan Salter Skene Smalley Smith Starr

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Stephens Summers Sutton Thompson Tysinger

Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Dean

Langford

Ward

Those not voting were Senators:

Ballard Duncan

Holley (presiding) Hudgins

Jackson Moore

On the passage of the bill, the ayes were 47, nays 3.

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

The following resolution of the Senate was read and adopted:

SR 301. By Senators Coggin of the 35th and Rowan of the 8th:
A resolution urging Congress to repeal the Professional Standard Re view Organization Law.

The following resolution of the Senate was read and put upon its adoption:

SR 298. By Senator London of the 50th: A resolution amending Senate Resolution 2.

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

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

Senator Gillis of the 20th moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, and the motion prevailed.

Senator Holley of the 22nd, who was presiding, announced the Senate adjourned until 10:00 o'clock A.M. Monday.

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293

Senate Chamber, Atlanta, Georgia Monday, January 28, 1974

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 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.
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 1467. By Mr. Brantley of the 92nd: A bill to abolish the present mode of compensating the Clerk of the Superior Court of Candler County, known as the fee system; to provide in lieu thereof an annual salary.
HB 1477. By Messrs. Jones of the 109th, Triplett of the lllth, Alien of the 108th and others: A bill to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the voters of Chatham County, so as to change the provisions relative to filling vacancies on said Board of Education.
HB 1484. By Messrs. Adams and Smith of the 74th: A bill to amend the Act entitled "An Act to place the Ordinary of Upson County upon an annual salary in lieu of the fee system of compensation", so as to increase the compensation to be paid from County funds to the Clerk and other personnel employed by said Ordinary in his office.
HB 1486. By Messrs. Adams and Smith of the 74th: A bill to amend the Act entitled "An Act to place the Sheriff of Upson

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County upon an annual salary in lieu of the fee system of compensation", so as to authorize the Sheriff of Upson County to appoint a Chief Deputy and to remove any limitations on the number of Deputies which said Sheriff may appoint.

HB 1488. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
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 compensation of the tax commissioner.

HB 1489. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court of Walker County, so as to change the compensation of the Clerk of the Superior Court of Walker County.

HB 1490. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
A bill to amend an Act placing the Ordinary of Walker County on a salary basis, so as to change the compensation of the Ordinary of Walker County.

HB 1491. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
A bill to amend an Act placing the Sheriff of Walker County upon an annual salary, so as to change the compensation of the Sheriff of Walker County.

HB 1492. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
A bill to amend an Act creating the office of Commissioner of Walker County, so as to change the compensation and traveling expenses of the commissioner.

HB 1511. By Messrs. Howell of the 118th, Irwin of the 113th, Hatcher, Busbee and Odom of the 114th :
A bill to amend an Act creating the Office of Tax Commissioner of Calhoun County, so as to change the provisions relative to the compen sation of the Tax Commissioner and his assistant.

HB 1513. By Messrs. Grantham and Wheeler of the 127th:
A bill to amend an Act creating the Charter for the City of Douglas, so as to change the date for electing the board of commissioners of said city.

MONDAY, JANUARY 28, 1974

295

HB 1391. By Mr. Burruss of the 21st:
A bill to amend an Act regulating employment of children, so as to provide that certain minors can work in wholesale and retail stores.

HB 1409. By Messrs. Murphy of the 18th, Collins of the 122nd, Lee of the 68th and others:
A bill to amend an Act known as the "Georgia Building Authority Act", so as to change the membership of the Authority; to change the provision relating to a quorum.

HB 1410. By Messrs. Murphy of the 18th, Collins of the 122nd, Lee of the 68th and others:
A bill to amend an Act creating the Legislative Services Committee, so as to grant control, authority and jurisdiction over the State Capitol Building to the Legislative Services Committee.

HB 1242. By Messrs. Lane of the 40th and Adams of the 36th:
A bill to amend an Act relating to licensing of dealers in pistols and short barreled firearms, so as to change the provisions relative to the length of short barreled firearms.

HB 1251. By Messrs. Walker of the 100th, Hawes of the 43rd and Russell of the 62nd:
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to provide for the removal from record of certain deeds to secure debt, financing statements, personalty mortgages or other instruments; to provide grounds for suspension or revocation of license in connection therewith.

HB 1291. By Mr. Carlisle of the 67th:
A bill to amend an Act known as the "Sedition and Subversive Activities Act of 1953", so as to change the provisions relating to the written questionnaire.

HB 1355. By Messrs. Mullinax of the 65th, Busbee of the 114th, Grantham of the 127th and others:
A bill to amend an Act approved March 29, 1937, known as the "Un employment Compensation Law", (now Employment Security Law), so as to increase maximum benefit amounts; to prevent a tax increase; to delete a requalifying provision applicable to pregnancy separations.

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HB 1108. By Mr. Cole of the 6th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that when any dealer shall fail to make any return where wilful intent to defraud the State exists shall pay a specific penalty of 50% of the tax bill.

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

HR 498. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the City of Forest Park who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $4,000 from all ad valorem taxation by said city.

HR 503. By Mr. Willis of the 119th:
A resolution authorizing the conveyance of certain real property lo cated in the City of Bainbridge in Decatur County, Georgia.

HR 473. By Messrs. Nessmith and Lane of the 76th, Collins of the 122nd and others:
A resolution relative to the allocation of natural gas to be used in the production of nitrogen.

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

SB 566. By Senator Salter of the 17th:
A bill to amend an Act creating a new charter for the City of Jackson, as amended, so as to provide for employment of elected officials in cer tain capacities; to provide for condemnation procedures and jurisdiction; to change the name of the Mayor's Court.
Referred to Committee on County and Urban Affairs.

SB 567. By Senators Johnson of the 3'8th, Stephens of the 36th, Garrard of the 37th and others:
A bill to permit certain municipalities which establish a planning depart-

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297

merit to establish a Zoning Review Board under certain circumstances; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 568. By Senator Hamilton of the 26th:
A bill to amend Code Chapter 88-31, relating to ambulance service, so as to change the length of the period for which provisional licenses may be issued; to provide for other matters relevant thereto; to provide an effective date.
Referred to Committee on Health and Welfare.

SB 569. By Senator Herndon of the 10th:
A bill to amend an Act known as the "Children and Youth Act", as amended, so as to change the penalty provisions relating to certain youthful offenders; to provide penalty provisions for the crime of at tempted rape with respect to certain youthful offenders to change the provisions relating to modification and change of final orders.
Referred to Committee on Judiciary.

SB 570. By Senator Herndon of the 10th: A bill to amend Code Chapter 30-2, relating to alimony, as amended, so as to provide for attorneys' fees in certain actions for enforcement or modification of judgments relating to divorce, alimony, support or custody of minor children; to provide an effective date.
Referred to Committee on Judiciary.
SB 571. By Senator Herndon of the 10th: A bill to amend Code Section 56-2431, relating to group insurance poli cies entered into by governmental units, so as to permit county boards of education to pay all or part of the premiums for such policies.
Referred to Committee on Elementary and Secondary Education.

SB 572. By Senator Lester 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 any guard, warden or deputy warden of any State prison or county correctional institution operated under the supervision of the State Board of Corrections shall have certain police and arrest powers, including the power to carry weapons.
Referred to Committee on Penal and Correctional Affairs.

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SB 573. By Senator Hill of the 29th:
A bill to regulate the practice of orthotics and prosthetics; to provide for a short title; to define certain terms; to provide for a Board of Orthotists and Prosthetists; to provide for the appointment of the mem bers of the board by the Governor; to provide for qualifications, terms, powers and duties of the members of the board; to provide for the educa tional training and qualifications of applicants.
Referrred to Committee on Health and Welfare.

SB 574. By Senators McGill of the 24th, Gillis of the 20th, Cox of the 21st and others:
A bill to authorize and empower the Georgia State Scholarship Commis sion to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to pursue a program of study in veterinary medicine; to provide for the intent of the Act; to define certain terms; to provide for loans and scholarships; to provide for the investigation of applicants and preference of applicants.
Referred to Committee on University System of Georgia.

SB 575. By Senator Holloway of the 12th: A bill to provide the granting of emergency powers of crisis management to the Governor; to provide for a title; to provide that the Governor is empowered to cooperate with the President and Federal agents of the United States concerning energy crisis and common defense matters; to provide that the Governor is empowered to use property, services and resources of the State for the purposes of this Act.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
SR 299. By Senator Hamilton of the 26th: A resolution creating the Ambulance Service Study Committee.
Referred to Committee on Rules.
SR 300. By Senators Lester of the 23rd and Doss of the 52nd: A resolution creating the Health Laws Study Committee.
Referred to Committee on Rules.

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

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299

HB 1467. By Mr. Brantley of the 92nd:
A bill to abolish the present mode of compenstaing the Clerk of the Superior Court of Candler County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on County and Urban Affairs.

HB 1477. By Messrs. Jones of the 109th, Triplett of the lllth, Gignilliat of the 105th and others:
A bill to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the voters of Chatham County, so as to change the provisions relative to filling vacancies on said Board of Education.
Referred to Committee on County and Urban Affairs.

HB 1484. By Messrs. Adams and Smith of the 74th:
A bill to amend the Act entitled "An Act to place the Ordinary of Upson County upon an annual salary in lieu of the fee system of compensa tion. . . .", so as to increase the compensation to be paid from County funds to the Clerk and other personnel employed by said Ordinary in his office.
Referred to Committee on County and Urban Affairs.

HB 1486. By Messrs. Adams and Smith of the 74th:
A bill to amend the Act entitled "An Act to place the Sheriff of Upson County upon an annual salary in lieu of the fee system of compensa tion. . .", so as to authorize the Sheriff of Upson County to appoint a Chief Deputy and to remove any limitations on the number of Deputies which said Sheriff may appoint.
Referred to Committee on County and Urban Affairs.

HB 1488. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
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 compensation of the tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 1489. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Walker County, so as to change the compensation of the clerk of the superior court of Walker County.
Referred to Committee on County and Urban Affairs.

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HB 1490. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
A bill to amend an Act placing the Ordinary of Walker County on a salary basis, so as to change the compensation of the ordinary of Walker County.
Referred to Committee on County and Urban Affairs.

HB 1491. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
A bill to amend an Act placing the Sheriff of Walker County upon an annual salary, so as to change the compensation of the Sheriff of Walker County.
Referred to Committee on County and Urban Affairs.

HB 1492. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
A bill to amend an Act creating the office of Commissioner of Walker County, so as to change the compensation and traveling expenses of the commissioner.
Referred to Committee on County and Urban Affairs.

HB 1511. By Messrs. Howell of the 118th, Irwin of the 113th, Hatcher of the 114th and others:
A bill to amend an Act creating the Office of Tax Commissioner of Calhoun County, so as to change the provisions relative to the compensation of the Tax Commissioner and his assistant.
Referred to Committee on County and Urban Affairs.

HB 1513. By Messrs. Grantham and Wheeler of the 127th:
A bill to amend an Act creating the Charter for the City of Douglas, so as to change the date for electing the board of commissioners of said city.
Referred to Committee on County and Urban Affairs.

HB 1108. By Mr. Cole of the 6th:
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to provide that when any dealer shall fail to make any return where wilful intent to defraud the State exists shall pay a specific penalty of 50% of the tax bill.
Referred to Committee on Banking and Finance.

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301

HB 1242. By Messrs. Lane of the 40th and Adams of the 36th:
A bill to amend an Act relating to licensing of dealers in pistols and short barreled firearms, so as to change the provisions relative to the length of short barreled firearms.
Referred to Committee on Business, Trade and Commerce.

HB 1251. By Messrs. Walker of the 100th, Hawes of the 43rd and Russell of the 62nd:
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to provide for the removal from record of certain deeds to secure debt, financing statements, personalty mortgages or other instruments; to provide grounds for suspension or revocation of license in connection therewith.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 1291. By Mr. Carlisle of the 67th:
A bill to amend an Act known as the "Sedition and Subversive Activities Act of 1953", so as to change the provisions relating to the written questionnaire.
Referred to Committee on Judiciary.

HB 1355. By Messrs. Mullinax of the 65th, Busbee of the 114th, Grantham of the 127th and others:
A bill to amend an Act approved March 29, 1937, known as the "Un employment Compensation Law", (now Employment Security Law), so as to increase maximum benefit amounts; to prevent a tax increase; to delete a requalifying provision applicable to pregnancy separations.
Referred to Committee on Industry and Labor.

HB 1391. By Mr. Burruss of the 21st:
A bill to amend an Act regulating employment of children, so as to provide that certain minors can work in wholesale and retail stores.
Referred to Committee on Temperance.

HB 1409. By Messrs. Murphy of the 18th, Collins of the 122nd, Groover of the 75th and others:
A bill to amend an Act known as the "Georgia Building Authority Act",

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so as to change the membership of the Authority; to change the provi sion relating to a quorum.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 1410. By Messrs. Murphy of the 18th, Collins of the 122nd, Groover of the 75th and others:
A bill to amend an Act creating the Legislative Services Committee, so as to grant control, authority and jurisdiction over the State Capitol Building to the Legislative Services Committee.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HR 473. By Messrs. Nessmith of the 76th, Collins of the 122nd, Carr of the 90th and others:
A resolution relative to the allocation of natural gas to be used in the production of nitrogen.
Referred to Committee on Agriculture.

HR 498. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A resolution proposing an amendment to the Constitution so as to provide that each resident of the City of Forest Park who is 65 years of age or over and who does not have an income from all sources ex ceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $4,000 from all ad valorem taxation by said city.
Referred to Committee on County and Urban Affairs.

HR 503. By Mr. Willis of the 119th:
A resolution authorizing the conveyance of certain real property located in the City of Bainbridge in Decatur County, Georgia.
Referred to Committee on Public Utilities and Transportation.

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

SB 116. By Senators London of the 50th, Hudgins of the 15th, Smith of the 34th and others:
A bill to amend an Act creating the Legislative Services Committee

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303

and the Office of Legislative Counsel, as amended, so as to authorize the Legislative Services Committee to designate which of the rooms, chambers, offices and other areas on the first floor of the Capitol shall be used by the Legislative Branch.

SB 424. By Senators Sutton of the 9th, Herndon of the 10th and Young of the 13th:
A bill to amend Code Section 47-102, relating to State Senatorial Dis tricts, as amended, so as to change the provisions relative to certain Senatorial Districts.

SB 433. By Senator Dean of the 6th:
A bill to prohibit the transfer or reproduction of certain recordings without consent of the owner; to prohibit any manufacture, distribution or wholesale of articles with the knowledge that the sounds are trans ferred without consent of the owner; to provide for exceptions; to pro vide for definitions; to prohibit the sale of certain recorded devices; to provide for penalties.

SB 479. By Senators Garrard of the 37th, Parker of the 31st and Lester of the 23rd:
A bill to amend Code Section 26-2101, relating to distributing obscene materials, as amended by an Act approved April 1, 1971 (Ga. Laws 1971, p. 344) so as to change the provisions relative to obscene ma terials; to provide that certain devices shall be obscene; to provide for certain affirmative defenses; to change the provisions relative to pen alties.

SB 483. By Senator Fincher of the 54th:
A bill to amend an Act creating a State Board of Registration for Used Car Dealers, approved February 20, 1958 (Ga. Laws 1958, p. 55), so as to provide for the bonding of persons licensed thereunder.

SB 489. By Senators Hamilton of the 26th, Lester of the 23rd, Dean of the 6th and others:
A bill to provide for the payment of an expense allowance to jurors in lieu of compensation in the nature of a salary; to amend Code Title 59, relating to juries, as amended, so as to provide for the fixing and pay ment of expense allowances to jurors in lieu of and in the same manner as compensation presently paid.

SB 495. By Senators Barker of the 18th, Thompson of the 32nd, Skene of the 27th and others:
A bill to completely supersede and repeal Chapter 79A-8, known as the Uniform Narcotic Drug Act and Chapter 79A-9, known as the Drug

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Abuse Control Act of Code Title 79A, relating to pharmacists, pharmacy, drugs and narcotics; to provide that Chapter 79A-9 is reserved; to pro vide a title; to provide for definitions; to provide that the State Board of Pharmacy shall administer this Chapter.

SB 501. By Senator Jackson of the 16th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved Feb. 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to exclude from the terms "retail sale" and "sale at retail" as used in said Act, sales of tangible personal property used in the restoration or reconstruction of certain historical sites.

SB 502. By Senator Jackson of the 16th:
A bill to amend an Act designating public and legal holidays in the State of Georgia, approved Feb. 16, 1943 (Ga. Laws 1943, p. 331), as amended, so as to designate the month of February of each year as "American History Month" in the State of Georgia.

SB 504. By Senator Rowan of the 8th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", approved Jan. 24, 1964 (Ga. Laws 1964, p. 3), as amended, so as to provide for instruction of pupils who are married, a parent, or pregnant, whether married or unmarried; to provide for other matters relevant thereto; to provide an effective date.

SB 505. By Senators Parker of the 31st and Duncan of the 30th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas; to provide for a judge of the superior court and a district attorney for said circuit; to provide for their election and compensation; to fix the terms of court; to provide for the transfer of proceedings to said circuit.

SB 506. By Senator Johnson of the 38th:
A bill to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to provide for the taking of an oath; to require qualifications for such interpreters; to provide for compensation.

SB 513. By Senator Holloway of the 12th:
A bill to amend an Act relating to a health insurance plan for State employees, approved Mar. 16, 1961 (Ga. Laws 1961, p. 147), as amended,

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305

so as to provide for the investment of funds of the health insurance fund; to provide for all matters relative thereto.

SR 193. By Senator Thompson of the 32nd:
A resolution to authorize the Department of Revenue to write off uncollected check balances covering motor vehicle license fees.

SR 194. By Senator Thompson of the 32nd:
A resolution to authorize the Department of Revenue to write off uncollected check balances covering motor fuel highway use permits and taxes.

SR 250. By Senator Dean of the 6th:
A resolution authorizing the conveyance of certain real property located in Wayne County, Georgia.

SB 507. By Senator Webb of the llth:
A bill to repeal an Act providing for a referendum to abolish the State Court of Miller County (formerly the City Court of Miller County); to provide an effective date.

SB 529. By Senators Stephens of the 36th, Johnson of the 38th, Ward of the 39th and others:
A bill to repeal an Act and all Acts amendatory thereof, which applied to certain municipalities the zoning and planning provisions of an Act approved on January 31, 1946, and for other purposes; to provide for an effective date.

HB 583. By Mr. Harris of the 51st:
A bill to provide for a supplement to the compensation, expenses and allowances of the judge of the superior court of the Stone Mountain Judicial Circuit.

HB 1308. By Messrs. Brown, Coney, Evans of the 89th and others:
A bill to authorize the district attorneys of the superior courts in certain counties to appoint certain investigators; to provide for the compensa tion of such investigators; to define the duties and powers and authority of such investigators; to provide that one investigator shall be chief investigator and to define his powers and functions.

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HB 1311. By Mr. Howell of the 118th:
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.

HB 1312. By Mr. Howell of the 118th:
A bill to amend an Act creating the Board of Commissioners of Early County, so as to change certain provisions therein relating to contracts entered into in behalf of the county.

HB 1322. By Mr. Adams of the 84th:
A bill to amend an Act creating and incorporating the City of Shiloh, so as to change the date of elections in said city; to create council posts and to provide for the manner in which such elections shall be conducted.

HB 1347. By Messrs. Pinkston, Evans, Berlin of the 89th and others:
A bill to amend an Act reenacting the charter of the City of Macon, so as to abolish the Board of Water Commissioners of the City of Macon.

HB 1348. By Messrs. Pinkston, Evans, Berlin of the 89th and others:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act", so as to grant the Authority the power to classify and differentiate water and sewer rates in any reasonable manner, including, but not limited to, consumers within the corporate limits of the City of Macon and consumers outside the corporate limits of the City of Macon.

HB 1385. By Messrs. Jessup, Coleman and Larsen of the 102nd: A bill to amend an Act creating a new charter for the City of Rochelle, Wilcox County, so as to authorize said City to dispose of certain proper ty located within said City.
HB 1393. By Messrs. Brown and Carlisle of the 67th: A bill to amend an Act establishing the State Court of Spalding County (formerly known as the City Court of Griffin), so as to change the compensation of the judge and solicitor of said Court; to provide for secretarial assistance and the compensation for such assistance.

MONDAY, JANUARY 28, 1974

307

HB 1398. By Messrs. Pearce of the 87th, Berry of the 86th, Buck of the 87th and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to provide for the appointment of a second Assistant Solicitor for said Court.

SR 281. By Senators Moore of the 56th and Thompson of the 32nd:
A resolution proposing an amendment to the Constitution, so as to provide for the calling of a referendum of the voters of Cobb County for the purpose of repeal of that amendment to the Constitution which authorizes the General Assembly to provide by local law for the exercise of the planning and zoning powers within Cobb County.

The following resolutions of the Senate were read and adopted:

SR 302. By Senator Broun of the 46th:
A resolution congratulating The University of Georgia upon the 189th anniversary of the signing of its charter.

SR 303. By Senator Broun of the 46th: A resolution expressing regret at the passing of Uly S. Gunn.

The following communication was read by the Secretary:
STATE OP GEORGIA
OFFICE OF SECRETARY OF STATE
I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the three pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 168 through 208), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1974 Session of the Georgia General Assembly as of Friday, January 25, 1974, in accordance with Act No. 1294, Georgia Laws 1970.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 28th day of January, in the year of our Lord One Thousand Nine Hundred and

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Seventy-four and of the Independence of the United States of America the One Hundred and Ninety-eighth.

(Seal).

Isl Ben W. Portson, Jr. Secretary of State.

168. P. P. Lindsey, Jr. Georgia Bankers Association 1420 William Oliver Building Atlanta, Georgia 30303
169. Julia Dyar Georgia Press Association 1075 Spring Street, N. W. Atlanta, Georgia 30309
170. Jan Berry League of Women Voters 5033 Theresa Court Tucker, Georgia 30084
171. John Langsfeld Association of County Commissioners of Georgia 1124 Carnegie Building Atlanta, Georgia 30303
172. Jim Whipkey Georgia Bankers Association 1420 William Oliver Building Atlanta, Georgia 30303
173. William T. Hughes, Jr. Registered Agent Bell & Stanton Interstate Paper Corp. 2016 Peachtree Center Bldg. Atlanta, Georgia 30303
174. John D. Milne Minnesota Mining & Mfg. Co. 5925 Peachtree Ind. Blvd. Chamblee, Georgia 30341
175. Stewart Huey Registered Agent Building Owners and Managers of Atlanta Georgia State Association of Life Underwriters Georgia Subcontractors, Inc. 2200 Park Lake Drive Atlanta, Georgia 30345

176. Jane Smith Burson Registered Agent Concerned Citizens of St. Simons Alcohol Abuse Self Mental Health 4220 Club Drive, N. E. Atlanta, Georgia 30319
177. Curtis S. Martin, Jr. Georgia Electric Membership Corp. 205 Berry Street Cornelia, Georgia 30531
178. Mary Lou Keener Georgia Nurses Association 2598 Addison Drive Doraville, Georgia 30340
179. William M. Bates Registered Agent Bell and Stanton . Interstate Paper Corp. 2016 Peachtree Center Building Atlanta, Georgia 30303
180. Diane L. Ragsdale Common Cause 2195 Brookview Drive, N. W. Atlanta, Georgia 30318
181. H. E. Reagan Automobile Dealers Retail Merchants 14-A-10 Atlanta Merchandise Mart Atlanta, Georgia 30303
182. James A. White, Jr. Registered Agent Home Builders Assn. of Ga. Ga. Industrial Loan Assn. Ga. Assn. of Mineral Producing Industries 2769 Church Street East Point, Georgia 30344

MONDAY, JANUARY 28, 1974

309

183. John B. Chapman Atlanta Board of Realtors 231 Healey Building Atlanta, Georgia 30303
184. Linda B. Markwell Fulton County Association of Educators 1323 Surrey Lane Marietta, Georgia 30060
185. Roy B. Culbreth Georgia Dairy Products Assn. 5980 New Peachtree Road Suite 110 Atlanta, Georgia 30340
186. Clyde E. Rauschenbach Photographers 3224 Peachtree Road, N. W. Atlanta, Georgia 30305
187. Thelma J. Turley League of Women Voters of Ga. 3974 Lithia Way Lithia Springs, Ga. 30057
188. L. Cecil Turner Registered Agent The People Political Subdivisions of Georgia 1779 Merton Road, N. E. Atlanta, Georgia 30306
189. W. T. McDaniel ITT Rayonier 436 Ivy Street Jesup, Georgia 31545
190. Charles L. Carnes Fulton County Governing Auth. 6370 Crestline Valley Circle, N.E. Atlanta, Georgia 30328
191. Murphy M. Holloway, Jr. Georgia Bankers Assn. Trust Affairs Section P.O. Drawer 4418 Atlanta, Georgia 30303
192. Marie McGlaun Georgia School Food Services Assoc. 2917 Edgewood Road Columbus, Georgia 31906

193. Ernest Vandiver Northeast Georgia Bank Lavonia, Georgia 30553
194. John Gill Northeast Georgia Bank Lavonia, Georgia 30553
195. Jason B. Gilliland Life Insurance Co. of Ga. Life of Georgia Tower Atlanta, Georgia 303'08
196. Dorothy W. Gibson Georgia Commission on the Status of Women 1646 Mt. Paran Rd., N. W. Atlanta, Georgia 30327
197. Jeanne Cahill Georgia Commission on the Status of Women 4141 Orchard Lake, N. W. Atlanta, Georgia 30339
198. Erica Bohm Common Cause 3060 Pharr Court, N. W. Atlanta, Georgia 30305
199. Jay Bowman Georgia Right to Life Comm. P. O. Box 49211 Atlanta, Georgia 30329
200. Mrs. Eva C. Galambos Georgia Municipal Assn. 10 Pryor Street Building Atlanta, Georgia 30303
201. Ben D. Harris Georgia Home Builders Assn. 3050 Acorn Road Augusta, Georgia 30906
202. Robert E. Lee Garner Derik Finnell % Commodity Masters, Inc. 4000 First National Bank Bldg. Atlanta, Georgia 30303
203. Glenn Anthony Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia

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204. Kent Lawrence Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30303
205. Tom Rhodes American Premium Group 4000 First National Bank Bldg. Atlanta, Georgia 30303
206. Thomas C. Gilliland Self 4000 First National Bank Bldg. Atlanta, Georgia 30303

207. Jack K. Callaway AARP, Peachtree-Piedmont Chapter 403 535 Old Ivy Road, N. E. Atlanta, Georgia 30342
208. A. R. Frank Georgia Tire Dealers and Retreaders Association 4116 Manson Avenue Smyrna, Georgia 30080

Senator McDuffie of the 19th introduced as Doctor of the Day, Dr. Richard Smith.

Senator Holley of the 22nd assumed the Chair.

Senator Holley of the 22nd, who was presiding, ordered the morning roll call, and the following Senators answered to their names:

Ballard Barker Bell Brown of 47th Carter Cleland Coverdell
Cox
Dean Doss
Duncan
Eldridge
Fincher
Garrard
Gillis
Hamilton

Henderson Herndon Hill Holloway Howard Hudgins Jackson
Kennedy
Langford London
McDuffie
McGill
Moore
Overby
Parker
Reynolds

Riley Rowan Salter Smalley Starr Stephens Summers
Sutton
Thompson Tysinger
Ward
Warren
Wasden
Webb
Young
Zipperer

Those not answering were Senators:

Broun of 46th Coggin Holley (presiding)

Johnson Kidd Lester

Skene Smith

MONDAY, JANUARY 28, 1974

311

Senator Brown of the 47th introduced as Chaplain The Reverend Marshall Smith, pastor, Bio Baptist Church, Hartwell, Georgia, who offered scripture reading and prayer.

Senator Tysinger of the 41st moved that the following bill of the House be withdrawn from the Committee on County and Urban Affairs and recommitted to the Committee on Judiciary:

HB 1343. By Mr. Harris of the 41st:
A bill to amend Code Title 59, relating to juries, so as to provide for investigative grand juries in certain counties (population of not less than 400,000 or more than 600,000).

On the motion, the ayes were 32, nays 0; the motion prevailed, and HB 1343 was withdrawn from the Committee on County and Urban Affairs and recom mitted to the Committee on Judiciary.

The President resumed the chair.

Senator Lester of the 23rd moved that the following bill of the House be recommitted to the Committee on Institutions and Mental Health:

HB 370. By Messrs. Savage of the 30th, Brown of the 67th, Noble of the 48th and others:
A bill to amend Code Chapter 26-29, relating to crimes involving dan gerous instrumentalities and practices so as to prohibit the use of hyp notism, mesmerism and similar act or process except under certain cir cumstances.

On the motion, the ayes were 30, nays 0; the motion prevailed, and HB 370 was recommitted to the Committee on Institutions and Mental Health.

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:
SB 441. By Senator Holloway of the 12th: A bill to require the recording of the Ayes and Nays upon each and every vote taken by each House of the General Assembly on any bill or resolution fixing the compensation of any official, except county and municipal officials.

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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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Fincher Garrard Gillis Hamilton

Herndon Hill Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Parker Reynolds

Riley Rowan Salter Smalley Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Eldridge Henderson

Johnson Overby

Skene Smith

On the passage of the bill, the ayes were 50, nays 0.

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

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

SB 453. By Senators Howard of the 42nd and Ballard of the 45th:
A bill to provide for service by a judge emeritus of the superior court as a State court judge in a county within his judicial circuit or an ad joining judicial circuit; to require a request by a judge of the State court for such service on the part of a judge emeritus of the superior court.

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313

Senator Holloway of the 12th offered the following amendment:

Amend SB 453 by inserting on Page 1, line 23, between the words "request" and "in" the following:

", for good cause."

On the adoption of the amendment, the ayes were 30, nays 5, and the amendment was adopted.

Senator Herndon of the 10th offered the following amendment:
A,mend SB 453 by deleting lines 30 and 31 on Page 2 and substi tuting in lieu thereof the following:
"state court judges making the request as to the number of days served and expenses and mileage for which such judge emeritus shall be reimbursed and provided that said compensation and re imbursement shall be approved for payment by the governing au thority of the county in which such service was rendered."

On the adoption of the amendment, Senator Herndon of the 10th called for the ayes and nays, and the call was sustained.

Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Coverdell Doss Eldridge

Herndon Rowan Smalley Smith

Sutton Tysinger Warren Young

Those voting in the negative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Cleland Coggin Cox Dean

Duncan Fincher Garrard Hamilton Henderson Hill Holley Holloway Howard

Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie Moore

314
Overby Parker Reynolds Riley Salter

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Starr Stephens Summers Thompson

Ward Wasden Webb Zipperer

Those not voting were Senators:

Gillis (presiding) Johnson

McGill

Skene

On the adoption of the amendment, the ayes were 12, nays 40, and the amendment was lost.

Senator Tysinger of the 41st offered the following amendment:
Amend SB 453 by adding on Page 1, line 26, following the word "court", the following:
"in the absence of"
so that this sentence in Section 2 shall read:
"A judge of a State court of any county may request in writing any judge emeritus of the superior court of the judicial circuit within which the county is located or of any adjoining judicial circuit to serve and preside in the State court in the absence of the judge making the request."

On the adoption of the amendment, the ayes were 6, nays 37, 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, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th

Brown of 47h Carter Cleland

Coggin Coverdell Cox

Dean Duncan Eldridge Fincher Garrard Hamilton Henderson Hill Holley Holloway Howard Hudgins

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315

Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riiley Rowan Salter Smalley Starr Stephens Thompson Tysinger Ward Wasden Webb Zipperer

Those voting in the negative were Senators:

Bell Doss Herndon

Smith Summers Sutton

Warren Young

Those not voting were Senators:

Gillis (presiding)

Johnson

Skene

On the passage of the bill, the ayes were 45, nays 8.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 437. By Senator Smalley of the 28th: A bill to provide for substitution of certain notes and securities for amounts retained by the State, any political subdivision, or any munici pality from partial payments made under the terms of a construction contract; to provide appropriate procedures; to authorize agreement for custodial care and servicing; to provide for disposition of accrued interest.
The Committee on Industry and Labor offered the following amendment:
Amend SB 437 by deleting on Page 3, Section 4, the last sentence in this Section which reads:
"As used in this Act, contractor includes the subcontractor."

On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted.

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Senator Webb of the llth offered the following amendment:

Amend SB 437 by striking at the beginning of line 1 on Page 2 the word "a" and substituting therefor the words:

"an irrevocable".

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

Senator Johnson of the 38th offered the following amendment:
Amend SB 437 by striking from the title the words "provide for", on line one of Page 1, and by inserting in lieu thereof the word "au thorize".
By inserting after the word "may" on line 13 of Page 1, the follow ing:
"if both parties to the construction contract shall agree".

On the adoption of the amendment, the ayes were 10, nays 35, and the amendment was lost.

Senator Holloway of the 12th offered the following amendment:
Amend SB 437 by renumbering Section 5 thereof as Section 6, and by inserting a new Section 5 to read as follows:
"Section 5. An application to withdraw any part, or the whole, of the amount which has been retained from partial payments to the contractor pursuant to the terms of the contract shall not be permitted under this Act unless the contractor is on schedule at the time application for the withdrawal of such funds is made. Should the contractor at any time fall behind on his contract schedule or breaches the terms of his agreement in any way, the State of Georgia, or other public body designated as "owner" in the contract documents, may elect to negotiate the securities deposited under this Act and retain the proceeds therefrom in the same manner and according to the terms under which they may have been retained except for the withdrawal of retained funds under the provisions hereof."

On the adoption of the amendment, the ayes were 39, nays 0, and the amendment was adopted.

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317

Senator Smalley of the 28th offered the following amendment:

Amend SB 437 by adding a new Section 6 to read as follows:

"Such securities filed in lieu of retainage shall nevertheless be deemed and construed as retainage and as 'contract money' for all purposes involving said contract."

and by renumbering Section 6 as Section 7.

On the adoption of the amendment, the ayes were 45, nays 0, and the amendment was adopted.
Senator Smalley of the 28th offered the following amendment:
Amend SB 437 by striking on Page 1, line 26, the word "principle" and inserting in lieu thereof the word "principal";
and by striking on Page 2, the word "principle" and inserting in lieu thereof the word "principal".
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 as amended.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coggin Cox Dean Doss Duncan Eldridge Hamilton Henderson Herndon Hill

Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie Moore Overby Parker Reynolds

Riley Rowan S alter Smalley Smith
Starr Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

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Those voting in the negative were Senators:

Cleland Coverdell Fincher

Garrard McGill

Stephens Ward

Those not voting were Senators:

Ballard Gillis( presiding)

Johnson

Skene

On the passage of the bill, the ayes were 45, nays 7.

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

Senator Gillis of the 20th introduced former Governor Marvin Griffin who addressed the Senate.

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 449. By Senator Kidd of the 25th:
A bill to amend Code Section 79A-9917, relating to penalties for violat ing certain criminal provisions of Title 79A of the Georgia Code, relating to pharmacists, pharmacy and drugs, as amended, so as to define the term "marijuana"; to provide an effective date.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Carter Coggin

Coverdell Cox Dean Doss Duncan

Eldridge Fincher Garrard Hamilton Herndon

Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester London McDuffie

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319

McGill Moore Overby Parker Riley Rowan Smalley Starr Stephens

Summers Sutton Thompson Tysinger Ward Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Ballard Brown of 47th

Reynolds

Warren

Those not voting were Senators:

Cleland Gillis (presiding) Henderson

Hill Jackson Johnson

Salter Skene Smith

On the passage of the bill, the ayes were 43, nays 4.

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

HB 451. By Mr. Burton of the 47th:
A bill to amend Code Title 88, known as the "Georgia Health Code", so as to provide for public health regulation of sources of emission of ambient noise detrimental to public health or to the enjoyment of life or property.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Carter Cleland

Coggin Coverdell Cox

320
Dean Doss Duncan Fincher Garrard Hamilton Henderson Herndon Holley Holloway Howard Kennedy Kidd

JOURNAL OF THE SENATE,

Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Smalley

Starr Stephens Summers Sutton Thompson Ty singer Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Brown of 47th Eldridge

Hudgins Jackson

Smith

Those not voting were Senators:

Gillis (presiding) Hill

Johnson Salter

Skene

On the passage of the bill, the ayes were 46, nays 5.

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

HB 951. By Messrs. Strickland and Harrison of the 116th:
A bill to amend Code Chapter 84-9, relating to medical practitioners and Code Section 84-907.1, relating to the medical licensure of aliens, so as to provide that aliens who have resided within the U.S. for at least 1 year and who have filed an application for permanent residency status shall be eligible to stand examination for a license to practice medicine.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

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321

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Henderson Herndon Holley Holloway Howard Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Smalley Smith
Starr Stephens
Summers Sutton Thompson Tysinger
Ward Warren Wasden
Webb Young Zipperer

Voting in the negative was Senator Hudgins. Hudgins

Those not voting were Senators:

Gillis (presiding) Hill

Jackson Johnson

Salter Skene

On the passage of the bill, the ayes were 49, nays 1.

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

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 presiding officer, Senator Gillis of the 20th, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, January 29, 1974

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today, and was called to order by Senator Holley of the 22nd.

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.

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 1098. By Mr. Davis of the 85th: A bill to amend Section 92-3102 of the Code of Georgia of 1933, as amended, so as to provide for the clarification of nondeductibility of certain taxes paid by corporations.

HB 1462. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A bill to provide expenses for the members of the Board of Education of Clayton County.

HB 1538. By Messrs. Grantham and Wheeler of the 127th:
A bill to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs and emoluments.

HB 1539. By Messrs. Wheeler and Grantham of the 127th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner

TUESDAY, JANUARY 29, 1974

323

of Bacon County, approved April 10, 1968 (Ga. Laws 1968, p. 3542) as amended, so as to change the compensation provisions relating to the tax commissioner.

HB 1548. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to amend the charter of Columbus, Georgia, so as to provide that a councilman or mayor resigning his position as such councilman or mayor prior to qualifying for election to an elective office may be eligible to serve in such new elective office.

HB 1549. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to amend an Act creating the Medical Center Board of Commis sioners, approved Apr. 4, 1963 (Ga. Laws 1963, p. 2916), as amended, so as to increase the board membership of the Medical Center to fifteen persons; to delete the requirement that members must be freeholders; to establish the time of appointment of such members and their terms of office.

HB 1550. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to amend the Charter of Columbus, Georgia, so as to provide that contractual claims must be presented within 12 months after they

HB 1551. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others: A bill to amend the charter of Columbus, Georgia so as to establish the date of the organizational meeting of the council following an election and the term of office of the mayor pro tern.
HB 1552. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others: A bill to amend the charter of Columbus, Georgia, so as to make ordinances, the violation of which are criminal in nature, effective 10 days after they have been signed by the mayor and returned by the clerk; to provide for the effective date of certain ordinances.
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:
HR 516. By Messrs. Knight, Mullinax and Ware of the 65th: A resolution proposing an amendment to the Constitution so as to designate the Board of Water, Sewerage and Light Commissioners of the City

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of Newnan as the sole operational governing authority for the utility systems of the City of Newnan.

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

HB 924. By Mr. Berlin of the 89th:
A bill to amend Code Section 27-2506, relating to the punishment of misdemeanor offenses, so as to provide that a judge in his discretion may allow sentences of six months or less to be served on weekends.

HB 1266. By Messrs. Rogers and Harden of the 128th:
A bill to amend Code Chapter 34-8, relating to dates of primaries and elections and to special elections, so as to limit the number of polls that must be open on certain special elections.

HB 1350. By Messrs. Wheeler of the 127th, Matthews of the 122nd, Carr of the 90th and others:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt farm trailers with two or more wheels, and which do not weigh over 4,000 pounds when empty, from being equipped with an independent braking system.

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

SB 576. By Senator Webb of the llth:
A bill to amend an Act creating the State Court of Miller County (formerly the City Court of Miller County), as amended, so as to change the salary of the judge of said court; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 577. By Senator Herndon of the 10th:
A bill to amend Code Section 114-101, relating to the definition of em ployer and employee for purposes of the Workmen's Compensation Law, as amended, so as to provide that employees of county boards of education in counties having a population of less than 300,000 are not included within the meaning of the term "employee" unless the county board of education has adopted an appropriate resolution.
Referred to Committee on Elementary and Secondary Education.

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325

SB 578. By Senator Herndon of the 10th:
A bill to amend an Act comprehensively and exhaustively to revise, supersede, and modernized procedure for a review of assessments made by county boards of tax assessors, as amended, so as to clarify qualifications of members and alternate members of county boards of equalization.
Referred to Committee on Banking and Finance.

SB 579. By Senator Thompson of the 32nd:
A bill to amend Code Section 32-942, relating to the keeping of school funds separate from other funds, as amended, so as to provide that said funds may be used for certain extracurricular athletic and interscholastic activities.
Referred to Committee on Elementary and Secondary Education.

SB 580. By Senator Thompson of the 32nd:
A bill to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, as amended, so as to provide that inmates serving life sentences shall become eligible for consideration for parole by the Board upon completion of the service of fifteen years; to provide for applicability.
Referred to Committee on Special Judiciary.

SB 581. By Senator Zipperer of the 3rd:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", as amended, so as to au thorize the sale of distilled spirits and alcoholic beverages for consumption on the premises in certain counties and municipalities.
Referred to Committee on Temperance.

SB 582. By Senators Wasden of the 2nd, Zipperer of the 3rd and Riley of the 1st:
A bill to amend an Act providing for a board of elections in certain coun ties, so as to change the jurisdiction of the board of elections; to change the qualifications of members of the board of elections; to change the provisions relating to certification of the election of members of the election board.
Referred to Committee on County and Urban Affairs.

SB 583. By Senators Coggin of the 35th, Holloway of the 12th, Riley of the 1st and others:
A bill to provide State assistance for planned growth and development in the State; to provide a short title; to amend an Act known as the "Ex-

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ecutive Reorganization Act of 1972", as amended, so as to prescribe the function of the Office of Planning and Budget in relation to planned growth and development; to provide the powers and duties of the Office of Planning and Budget in carrying out such function.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SR 304. By Senator McGill of the 24th: A resolution designating the Broad Road.
Referred to Committee on Highways.

SR 305. By Senator Hudgins of the 15th:
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 a homestead exemption for the unremarried widow or minor children of certain disabled veterans; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking and Finance.

SR 306. By Senators London of the 50th and Duncan of the 30th:
A resolution creating the Bank Holding Company Study Committee.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SR 307. By Senator Moore of the 56th:
A resolution proposing an amendment to the Constitution, so as to provide that a person sentenced to imprisonment for the violation of a law of this State relating to pharmacists, pharmacy*: or drugs shall not be, eligible for reprieve, pardon or parole, commutation of penalty or remittal of any part of a sentence; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Special Judiciary.

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

HB 1462. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A bill to provide expenses for the members of the Board of Education of Clayton County.
Referred to Committee on County and Urban Affairs.

TUESDAY, JANUARY 29, 1974

327

HB 1538. By Messrs. Grantham and Wheeler of the 127th:
A bill to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on County and Urban Affairs.

HB 1539. By Messrs. Wheeler and Grantham of the 127th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner of Bacon County, so as to change the compensation provisions relating to the tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 1548. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, and others: A bill to amend the charter of Columbus, Georgia, so as to provide that a councilman or mayor resigning his position as such councilman or mayor prior to qualifying for elective office may be eligible to serve in such new elective office.
Referred to Committee on County and Urban Affairs.
HB 1549. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and: others: A bill to amend an Act creating the Medical Center Board of Commission ers, so as to increase the board membership of the Medical Center Board of Commissioners to 15 persons.
Referred to Committee on County and Urban Affairs.
HB 1550. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others: A bill to amend the Charter of Columbus, Georgia, so as to provide that contractual claims against Columbus must be presented within 12 months after they accrue.
Referred to Committee on County and Urban Affairs.
HB 1551. By Messrs. Buck of the 87th, Berry and Thompson of the 86th, and others: A bill to amend the charter of Columbus, Georgia, so as to establish the date of the council following an election and the term of office of the mayor pro tern.
Referred to Committee on County and Urban Affairs.

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HB 1552. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to amend the charter of Columbus, Georgia, so as to make ordinances, the violation of which are criminal in nature, effective 10 days after they have been signed by the mayor and returned by the clerk.
Referred to Committee on County and Urban Affairs.

HB 924. By Mr. Berlin of the 89th: A bill to amend Code Section 27-2506, relating to the punishment of misdemeanor offenses, so as to provide that a judge in his discretion may allow sentences of six months or less to be served on weekends.
Referred to Committee on Judiciary.
HB 1098. By Mr. Davis of the 85th: A bill to amend Section 92-3102 of the Code of Georgia of 1933, so as to provide for the clarification of the non-deductibility of certain taxes paid by corporations.
Referred to Committee on Banking and Finance.

HB 1266. By Messrs. Rogers and Harden of the 128th:
A bill to amend Code Chapter 34-8, relating to dates of primaries and elections and to special elections, so as to limit the number of polls that must be open in certain special elections.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HB 1350. By Messrs. Wheeler of the 127th, Matthews of the 122nd, Collins of the 122nd and others:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt farm trailers with two or more wheels, and which do not weigh over 4,000 pounds when empty, from being equipped with an independent braking system.
Referred to Committee on Highways.

HR 516. By Messrs. Knight, Mullinax and Ware of the 65th:
A resolution proposing an amendment to the Constitution so as to designate the Board of Water, Sewerage and Light Commissioners of the City of Newnan as the sole operational governing authority for the utility systems of the City of Newnan.
Referred to Committee on County and Urban Affairs.

TUESDAY, JANUARY 29, 1974

329

The following reports of standing committees were read by the Secretary:

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

Mr. President:

Your Committee on Agriculture 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 560. Do pass.

SR 267. Do pass.

Respectfully submitted,

McGill of 24th District,

Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1413. Do pass by substitute.
Respectfully submitted, Overby of 49th District, Chairman.
Senator Kidd of the 25th 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 522. Do pass as amended. SB 548. Do pas as amended.

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SB 553. Do pass. HB 360. Do not pass.

Respectfully submitted, Kidd of 25th District, Chairman.

Senator Starr of 44th District, Chairman of the Committee on Elementary and Secondary Education, submitted the following report:
Mr. President:
Your Committee on Elementary and Secondary Education 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 499. Do pass by substitute.
Respectfully submitted, Starr of 44th District, Chairman.

Senator Reynolds of the 48th District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 555. Do pass. SR 284. Do pass. HB 384. Do not pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

Senator Kennedy of the 4th 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

TUESDAY, JANUARY 29, 1974

331

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 482. Do pass. Respectfully submitted, Kennedy of 4th District, Chairman.

Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special 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 215. Do pass. SB 216. Do pass. SB 217. Do pass. SB 435. Do pass. SB 488. Do pass. SB 497. Do pass. HB 33. Do not pass.
Respectfully submitted, Cox of 21st District, Chairman.

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 507. By Senator Webb of the llth:
A bill to repeal an Act providing for a referendum to abolish the State Court of Miller County (formerly the City Court of Miller County) ; to provide an effective date.

The report 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.

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JOURNAL OF THE SENATE,

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

SB 529. By Senators Stephens of the 36th, Johnson of the 38th, Ward of the 39th and others:
A bill to repeal an Act and all Acts amendatory thereof, which applied to certain municipalities the zoning and planning provisions of an Act ap proved on January 31, 1946, and for other purposes; to provide for an effective date.

The report 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 583. By Mr. Harris of the 51st:
A bill to provide for a supplement to the compensation, expenses and allowances of the judge of the superior court of the Stone Mountain Ju dicial Circuit.

The report 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 1308. By Messrs. Brown, Coney and Evans of the 89th and others: A bill to authorize the district attorneys of the superior courts in certain counties to appoint certain investigators; to provide for the compensation of such investigators; to define the duties and powers and authority of such investigators; to provide that one investigator shall be chief investi gator and to define his powers and functions.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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333

On the passage of the bill, the ayes were 42, nays 0.

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

HB 1311. By Mr. Howell of the 118th:
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.
The report 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 1312. By Mr. Howell of the 118th: A bill to amend an Act creating the Board of Commissioners of Early County, so as to change certain provisions therein relating to contracts entered into in behalf of the county.
The report 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 1322. By Mr. Adams of the 84th: A bill to amend an Act creating and incorporating the City of Shiloh, so as to change the date of elections in said city; to create council posts and to provide for the manner in which such elections shall be conducted.
The report 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.

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

HB 1347. By Messrs. Pinkston, Evans and Berlin of the 89th and others:
A bill to amend an Act reenacting the charter of the City of Macon, so as to abolish the Board of Water Commissioners of the City of Macon.

The report 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 1348. By Messrs. Pinkston, Evans and Berlin of the 89th and others:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act", so as to grant the Authority the power to classify and differentiate water and sewer rates in any reasonable manner, including, but not limited to, consumers within the corporate limits of the City of Macon and consumers outside the corporate limits of the City of Macon.

The report 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 1385. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A bill to amend an Act creating a new charter for the City of Rochelle, Wilcox County, so as to authorize said City to dispose of certain property located within said City.

The report 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.

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336

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

HB 1393. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act establishing the State Court of Spalding County (formerly known as the City Court of Griffin), so as to change the compensation of the judge and solicitor of said Court; to provide for secre tarial assistance and the compensation for such assistance.

The report 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 1398. By Messrs. Pearce of the 87th, Berry of the 86th, Buck of the 87th and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to provide for the appointment of a second Assistant Solicitor for said Court.

The report 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 resolution of the Senate was read and adopted:

SR 308. By Senator Eldridge of the 7th: A resolution commending Mr. John Harris,

Senator Holley of the 22nd asked unanimous consent that the morning roll call be dispensed with, and the consent was granted.

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Senator Kennedy of the 4th introduced as Chaplain The Reverend Larry Meadows, pastor, First Baptist Church, Claxton, Georgia, who offered scripture reading and prayer.

Senator Gillis of the 20th assumed the Chair.

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

SB 489. By Senators Hamilton of the 26th, Lester of the 23rd, Dean of the 6th and others:
A bill to provide for the payment of an expense allowance to jurors in lieu of compensation in the nature of a salary; to amend Code Title 59, relating to juries, as amended, so as to provide for the fixing and pay ment of expense allowances to jurors in lieu of and in the same manner as compensation presently paid.

Senator Hamilton of the 26th offered the following amendment:
Amend SB 489 by striking the word "city" from lines 15, 23, 25 on Page 2 and line 22 on Page 4 and substituting therefor the word "state".

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th
Brown of 47th Carter Coggin Coverdell Cox Doss

Duncan Fincher Garrard Hamilton Herndon Hill Holley Holloway Howard Hudgins

Kennedy Kidd Langford Lester London McDuffie McGill Overby

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337

Parker Reynolds Riley Salter Skene Smalley

Starr Stephens Summers Sutton Thompson Tysinger

Ward Warren Wasden Webb Young Zipperer

Not voting were Senators:

Cleland Dean Eldridge Gillis (presiding)

Henderson Jackson Johnson

Moore Rowan Smith

On the passage of the bill, the ayes were 46, nays 0.

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

SB 505. By Senators Parker of the 31st and Duncan of the 30th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas; to provide for a judge of the superior court and a district attorney for said circuit; to provide for their election and compensation; to fix the terms of court; to provide for the transfer of proceedings to said circuit.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean

Doss Duncan Fincher Garrard Hamilton Henderson Herndon Hill Holley Holloway

Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie

338
McGill Moore Overby Parker Reynolds Riley Salter

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Skene Smalley Starr Stephens Summers Button Thompson

Tysinger Ward Warren Wasden Webb Young

Not voting were Senators:

Cleland Eldridge

Gillis (presiding) Rowan

Smith Zipperer

On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Hudgins of the 15th and Jackson of the 16th introduced as Doctor of the Day, Dr. R. A. Dodelin.
The following general bill and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 495. By Senators Barker of the 18th, Thompson of the 32nd, Skene of the 27th and others: A bill to completely supersede and repeal Chapter 79A-8, known as the Uniform Narcotic Drug Act and Chapter 79A-9, known as the Drug Abuse Control Act of Code Title 79A, relating to pharmacists, pharmacy, drugs and narcotics; to provide that Chapter 79A-9 is reserved; to pro vide a title; to provide for definitions; to provide that the State Board of Pharmacy shall administer this Chapter.
Senator Skene of the 27th moved that SB 495 be postponed until Wednesday, January 30.
On the motion, the ayes were 39, nays 0; the motion prevailed, and SB 495 was postponed until Wednesday, January 30.

The President assumed the Chair.

SR 250. By Senator Dean of the 6th:
A resolution authorizing the conveyance of certain real property located in Wayne County, Georgia.

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339

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

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Reynolds

Riley Rowan Salter Skene Smalley Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators:

Hill Holloway

Moore Parker

Smith Summers

On the adoption of the resolution, the ayes were 50, nays 0.

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

Senator Dean of the 6th moved that SR 250 be immediately transmitted to the House.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SR 250 was immediately transmitted to the House.

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

Mr. President:

The House has insisted on its position in disagreeing to the Senate substitute to the following bill of the House, to-wit:

HB 78. By Messrs. Coney of the 89th, Levitas of the 50th and Greer of the 43rd:
A bill to provide for no-fault motor vehicle insurance; to provide an effective date.

The Speaker has appointed as a committee of conference on the part of the House to confer with a like committee on the part of the Senate, the following members of the House, to-wit:
Messrs. Greer of the 43rd, McCracken of the 77th and Wilson of the 94th.
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:

HB 455. By Messrs. Bennett, Reaves and Patten of the 124th:
A bill to provide for the licensing of transient merchants; to,provide for the procedures therefor.

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 78. By Messrs. Coney of the 89th, Levitas of the 50th and Greer of the 43rd: A bill to provide for no-fault motor vehicle insurance; to provide an effective date.

Senator Broun of the 46th moved that the Senate adhere to its substitute to HB 78 and that a Conference Committee be appointed.

On the motion, the ayes were 33, nays 0; the motion prevailed, and the Senate substitute to HB 78 was adhered to.

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

TUESDAY, JANUARY 29, 1974

341

Senators Broun of the 46th, Zipperer of the 3rd and Skene of the 27th.

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

SB 513. By Senator Holloway of the 12th:
A bill to amend an Act relating to a health insurance plan for State employees, approved Mar. 16, 1961 (Ga. Laws 1961, p. 147), as amended, so as to provide for the investment of funds of the health insurance fund; to provide for all matters relative thereto.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Pincher Garrard Gillis

Henderson Herndon Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Riley

Rowan Salter Skene Smalley Starr Stephens Summers Button Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators:

Hamilton Hill

London Parker

Reynolds Smith

On the passage of the bill, the ayes were 50, nays 0.

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JOURNAL OF THE SENATE,

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

Senator Starr of the 44th assumed the Chair.

SB 424. By Senators Sutton of the 9th, Herndon of the 10th and Young of the 13th:
A bill to amend Code Section 47-102, relating to State Senatorial Districts, as amended, so as to change the provisions relative to certain Senatorial Districts.

Senators Sutton of the 9th, Young of the 13th, Kidd of the 25th and Herndon of the 10th offered the following substitute to SB 424:
A BILL
To be entitled an Act to amend Code Section 47-102, relating to State Senatorial Districts, as amended, particularly by an Act approved Oc tober 14, 1971 (Ga. Laws 1971, Sept.-Oct. Ex. Sess., p. 69) and by an Act approved March 16, 1972 (Ga. Laws 1972, p. 237), so as to change the provisions relative to certain Senatorial Districts; 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. Code Section 47-102, relating to State Senatorial Dis tricts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Sept.-Oct. Ex. Sess., p. 69) and by an Act approved March 16, 1972 (Ga. Laws 1972, p. 237), is hereby amended by striking the language relating to Senatorial Districts 9, 10 and 13 and inserting in lieu thereof the following:
"District No. 9.
Brooks, Colquitt, Mitchell and Tift.
District No. 10.
Baker, Decatur, Grady and Thomas.
District No. 13.
Ben Hill, Crisp, Dooly, Irwin, Turner and Worth".
Section 2. The first members elected pursuant to the apportion ment set forth by Section 1 of this Act shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 1977. Until that time, the members of the Senate elected under existing apportionment provisions shall continue to serve and shall represent

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343

the Districts from which elected, and until that time the composition of the Districts from which such members were elected shall remain the same. The apportionment provisions set forth by Section 1 of this Act shall be effective, however, for the primaries and elections of 1976 for the purpose of electing the members in 1976 who are to take office in 1977. Successors to those members and future successors shall likewise be elected under the apportionment provisions set forth by Section 1 of this Act.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 36, nays 0, and the 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, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Carter Cleland Coggin Cover dell
Cox
Dean Doss Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford McDuffie McGill Moore Overby Reynolds

Riley Rowan Salter Skene Smalley Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators:

Brown of 47th Duncan Hill

Lester London Parker

Smith Starr (presiding)

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 by substitute.

Senator Rowan of the 8th moved that SB 424 be immediately transmitted to the House.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SB 424 was immediately transmitted to the House.

SB 504. By Senator Rowan of the 8th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", approved Jan. 24, 1964 (Ga. Laws 1964, p. 3), as amended, so as to provide for instruction of pupils who are married, a parent, or pregnant, whether married or unmarried; to provide for other matters relevant thereto; to provide an effective date.

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

On the passage of the bill, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard
Gillis

Hamilton Henderson Holley Holloway Howard Jackson Johnson Kennedy Kidd Lester McDuffie McGill Moore Overby Reynolds

Riley Rowan Salter Skene Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Herndon

Smalley

Smith

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345

Not voting were Senators:

Duncan Hill Hudgins

Langford London

Parker Starr (presiding)

On the passage of the bill, the ayes were 46, nays 3.

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

The following bill of the House was taken up for the purpose of considering a Conference Committee report thereto:

HB 455. By Messrs. Bennett, Reaves and Patten of the 124th: A bill to provide for the licensing of transient merchants.

The Conference Committee report was as follows:
Mr. President? Mr. Speaker:
Your Committee on Conference has had under consideration HB 455 and submit the following report:
1. That the Senate recede from its position on Senate Amendment No. 1.
2. That the House recede from its position on Senate Amendment No. 2.
3. That the House recede from its position on Senate Amendment No. 3.
4. That the following amendment be adopted:
"By striking from Section 7 on Line 14, page 3:
"Fund of the county where said license is issued.",
and inserting in lieu thereof the following:

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"Funds of the State who will make adequate expense reimburse ment to the local governing authority."

Respectfully submitted,

FOR THE SENATE
/s/ Culver Kidd Senator, 25th District
/s/ W. Armstrong Smith Senator, 34th District
/s/ Jack L. Stephens Senator, 36th District

FOR THE HOUSE
/s/ Denmark Groover, Jr. Representative, 75th District
/s/ Larry Walker Representative, 100th District
/s/ Joe Burton Representative, 47th District

Senator Kidd of the 25th moved that the Senate adopt the Conference Com mittee report on HB 455.

On the motion, the ayes were 41, nays 0; the motion prevailed, and the Con ference Committee report on HB 455 was adopted.

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

SB 502. By Senator Jackson of the 16th:
A bill to amend an Act designating public and legal holidays in the State of Georgia, approved Feb. 16, 1943 (Ga. Laws 1943, p. 331), as amended, so as to designate the month of February of each year as "American His tory Month" in the State of Georgia.

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

On the passage of the bill, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th

Carter Coggin Coverdell Cox Dean

Doss Eldridge Fincher Garrard Gillis

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347

Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford

London McDuffie Moore Overby Reynolds Riley Rowan Salter Skene Smalley Smith

Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators:

Cleland Duncan Johnson

Lester McGill

Parker Starr (presiding)

On the passage of the bill, the ayes were 49, nays 0.

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

SB 479. By Senators Garrard of the 37th, Parker of the 31st and Lester of the 23rd:
A bill to amend Code Section 26-2101, relating to distributing obscene materials, as amended by an Act approved April 1, 1971 (Ga. Laws 1971, p. 344), so as to change the provisions relative to obscene materials; to provide that certain devices shall be obscene; to provide for certain af firmative defenses; to change the provisions relative to penalties.

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

On the passage of the bill, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th

Carter Coggin Coverdell Cox Dean

Doss Eldridge Fincher Garrard Gillis

348
Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd

JOURNAL OF THE SENATE,

Lester London McDuffie McGill
Moore Overby Reynolds Riley Rowan Salter Skene Smalley

Smith Stephens Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Not voting were Senators:

Cleland Duncan

Langford Parker

Starr (pre Ward

On the passage of the bill, the ayes were 50, nays 0.

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

Senator Garrard of the 37th moved that SB 479 be immediately transmitted to the House.

On the motion, the ayes were 31, nays 0; the motion prevailed, and SB 479 was immediately transmitted to the House.

SR 193. By Senator Thompson of the 32nd:
A resolution to authorize the Department of Revenue to write off uncollected check balances covering motor vehicle license fees.

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

On the adoption of the resolution, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox

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349

Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Hollo way Howard

Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Reynolds Riley Rowan

Salter Skene Smith Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators:

Cleland Langford

Parker Smalley

Starr (presiding)

On the adoption of the resolution, the ayes were 51, nays 0.

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

SB 483. By Senator Fincher of the 54th:
A bill to amend an Act creating a State Board of Registration for Used Car Dealers, approved February 20, 1958 (Ga. Laws 1958, p. 55), so as to- provide for the bonding of persons licensed thereunder.

Senator Coggin of the 35th offered the following amendment: Amend SB 483 by striking the word on Page 2, line 14, which reads as
follows: "shall"
and by inserting in lieu thereof the following phrase: "may in its discretion".

On the adoption of the amendment, the ayes were 34, 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, was agreed to as amended.

On the passage of the bill, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell
Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Hill Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford London McDuffie McGill Moore Overby

Reynolds Riley Rowan Salter Skene Smalley Smith Stephens Summers Sutton Thompson Tysinger Ward Wasden Webb Young Zipperer

Voting in the negative was Senator Warren.

Not voting were Senators:

Holloway Lester

Parker

Starr (presiding)

On the passage of the bill, the ayes were 51, nays 1.

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

The President resumed the Chair.

SR 194. By Senator Thompson of the 32nd:
A resolution to authorize the Department of Revenue to write off uncollected check balances covering motor fuel highway use permits and taxes.

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351

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

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton

Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby

Reynolds Riley Rowan Salter Skene Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those .voting in the negative were Senators Smalley and Smith.

Not voting were Senators:

Fincher

Langford

Parker

On the adoption of the resolution, the ayes were 51, nays 2.

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

The following resolution of the Senate was introduced, read the first time and referred to a committee:

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JOURNAL OF THE SENATE,

SR 309. By Senators London of the 50th and Holley of the 22nd: A resolution amending the Rules of the Senate.
Referred to the Committee on Rules.

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. tomor row.

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353

Senate Chamber, Atlanta, Georgia Wednesday, January 30, 1974

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 proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

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 1561. By Messrs. McCracken and Lewis of the 77th:
A bill to amend an Act establishing a new charter for the City of Louis ville, so as to change the method of election of councilmen to a post sys tem and to require a majority vote to decide all elections to any office.

HB 1570. By Mr. Ritchie of the llth:
A bill to amend an Act creating a board of commissioners for Habersham County, so as to change the provisions relative to the compensation of the members of said board.

HB 1574. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act placing the Ordinary of Carroll County upon an annual salary so as to change the compensation of the Ordinary.

HB 1575. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act creating the Office of Tax Commissioner of Carroll County, so as to change the compensation of the Tax Commissioner.

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JOURNAL OP THE SENATE,

HB 1576. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act entitled "An Act to amend an Act establishing a new charter for the City of Carrollton", by changing the term of office of the Mayor and four councilmen to four years; the creation of four separate posts for the office of Councilmen and the requirement that each person offering for election as Councilman of the City of Carrollton shall designate the post that he or she seeks to fill.

HB 1577. By Messrs. Bohannon and Patterson of the 64th:
A bill to extend the corporate city limits of the City of Carrollton so as to include the property encompassed by the Industrial Park of Carrollton Payroll Development Authority situated in Land Lots 189 and 190 of the 10th District of Carroll County, which said Industrial Park is more particularly shown on a plat which appears in Plat Book 8, page 18, of Carroll County, Public Records.

IIB 1578. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act placing the Sheriff of Carroll County upon an annual salary, so as to change the compensation of the Sheriff.

HB 1579. By Messrs. Bohannon and Patterson of the 64th:
A bill to provide for a board of elections in certain counties (population not less than 45,000 and not more than 50,000).

HB 1580. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act placing the Clerk of the Superior Court of Carroll County upon an annual salary, so as to change the compensation of the Clerk of the Superior Court.

HB 1581. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge of said court.

HB 1582. By Messrs. Bohannon and Patterson of the 64th: A bill to amend an Act creating the Office of Commissioner of Carroll County, so as to change the compensation and allowances to the Commis sioner.
HB 1418. By Mr. Greer of the 43rd: A bill to amend Code Section 88-1816, relating to the payment of general

WEDNESDAY, JANUARY 30, 1974

355

obligations of hospital authorities, so as to authorize hospital authorities to issue obligations, other than revenue obligation certificates, having a term in excess of one year.

HB 1419. By Mr. Ritchie of the llth:
A bill to amend Code Section 88-1802, relating to definitions used in the law regarding hospital authorities, as amended, so as to clarify the meaning of the term "project".

HB 1372. By Mr. Oxford of the 101st:
A bill to amend Code Title 92, relating to public revenue, so as to provide for refunds of taxes and license fees which have been erroneously or il legally assessed and collected by counties and municipalities or overpaid by taxpayers, whether paid voluntarily or involuntarily.

HB 1395. By Messrs. Larsen of the 27th, Chance of the 112th, Irvin of the 23rd and others:
A bill to create an Environmental Education Advisory Council and to enable and direct the Department of Natural Resources, in conjunction with the council, to develop a proposed Environmental Education Plan.

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

HR 237. By Mr. Savage of the 30th:
A resolution proposing an amendment to the Constitution so as to repeal the provision declaring lobbying to be a crime and requiring the General Assembly to enforce said provision by suitable penalties.

HR 445. By Mr. Walker of the 100th:
A resolution proposing an amendment to the Constitution so as to change the name and designation of the office of Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate court, respectively.

The House has agreed to the Senate amendment to the following bill of the House, to-wit:

HB 76. By Messrs. Brown, Dickey and Berlin of the 89th: A bill to amend Code Section 27-2506, relating to how misdemeanors

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JOURNAL OF THE SENATE,

shall be punished, so as to provide for alternative and additional punish ments for misdemeanors and city ordinances involving traffic offenses.

The House has agreed to the Senate substitute to the following bill of the House, to-wit:

HB 70. By Messrs. Brown, Dickey, Berlin and Evans of the 89th:
A bill to amend Code Title 24, relating to courts, so as to change certain provisions requiring ordinaries, clerks of the superior courts and sheriffs of each county to procure and preserve certain newspapers in which advertisements appear.

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

HR 549. By Messrs. Wilson and Atherton of the 19th and many others:
A resolution requesting the Board of Regents of the University System of Georgia to elevate Kennesaw Junior College to the status of a four-year college within the University System.

HR 552. By Messrs. Logan and Matthews of the 62nd and others:
A resolution recognizing the anniversary of the granting of the Charter for the University of Georgia.

HR 553. By Messrs. Longan, Matthews and Russell of the 62nd:
A resolution congratulating the University of Georgia upon the 189th anniversary of the signing of its charter.

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

SR 302. By Senator Broun of the 46th:
Congratulating the University of Georgia upon the 189th anniversary of the signing of its charter.

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

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SB 584. By Senator McGill of the 24th:
A bill to provide for the appointment of the County School Superintendent of Wilkes County by the Board of Education of Wilkes County; to provide for the time of the initial appointment; to provide for any other matters relative to the foregoing; to provide for a referendum.
Referred to Committee on County and Urban Affairs.

SB 585. By Senator McGill of the 24th:
A bill to amend an Act creating the Oglethorpe Development Authority, so as to change the composition of such Authority; to change the pro visions relating to the appointment and terms of office of the members; to change the provisions relating to the chairman; to provide for a vicechairman; to provide certain restrictions on membership.
Referred to Committee on County and Urban Affairs.

SB 586. By Senator Smith of the 34th:
A bill to provide for the reading of certain admonishments in each public school classroom.
Referred to Committee on Elementary and Secondary Education.

SB 587. By Senator Carter of the 14th:
A bill to amend an Act creating the Department of Public Safety, as amended, so as to provide that the rank and pay of the Commanding Officer of the Uniform Division of the Department of Public Safety shall be established by the Board of Public Safety; to provide an effective date.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 588. By Senators Warren of the 43rd, Doss of the 52nd, London of the 50th and others:
A bill to amend Code Section 92-6911, relating to the duties of the board of tax assessors, as amended, so as to require that the notice of changes made by the board of tax assessors which are made on property under construction shall contain certain additional information; to provide for an effective date.
Referred to Committee on Banking and Finance.

SB 589. By Senator Duncan of the 30th:
A bill to amend Code Title 57, relating to interest and usury, as amended, so as to change the maximum rate of interest on certain loans; to change

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the maximum rate of interest on real estate loans; to provide an effective date.
Referred to Committee on Banking and Finance.

SB 590. By Senator Duncan of the 30th:
A bill to amend Code Title 57, relating to interest and usury, as amended, so as to change the maximum rate of interest chargeable by supervised lenders; to define the term "supervised lender"; to provide an effective date.
Referred to Committee on Banking and Finance.

SB 591. By Senator Warren of the 43rd:
A bill to provide for a Board of Registrations and Elections in certain counties; to provide for the powers and duties of the board; to provide for a method for appointment, resignation and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairman, clerical assistance and other employees.
Referred to Committee on County and Urban Affairs.

SB 592. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Georgia Barber Act", so as to change the requirements for the issuance of licensees to practice barbering.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 593. By Senator Kidd of the 25th:
A bill to exempt from all ad valorem taxation for educational purposes, levied by any county or independent school district, the homestead of any resident of such county or independent school district who is 62 years of age or older, and who has income from all sources, including income from all sources of all members of his family, not exceeding $6,000.00 per annum.
Referred to Committee on Banking and Finance.

SB 594. By Senators Brown of the 47th and Zipperer of the 3rd:
A bill to amend Code Section 95A-961, relating to the issuance of permits allowing motor vehicles to exceed the weight, width, length or height limitations imposed by law, so as to provide that such permits may be issued for motor vehicles which are transporting loads which can be dismantled.
Referred to Committee on Public Utilities and Transportation.

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SB 595. By Senators Brown of the 47th and Zipperer of the 3rd:
A bill to provide that the Governor of Georgia may by Executive Order from time to time increase the maximum weight, load, axle load, wheel load, width, length or height or combination thereof, of motor vehicles or combinations of motor vehicles operating in Georgia until the ad journment of the Session of the General Assembly which convenes next after the effective date of such Executive Order.
Referred to Committee on Public Utilities and Transportation.

SB 596. By Senators Coverdell of the 40th and Herndon of the 10th:
A bill to amend Code Section 92-6402, relating to taxes payable to counties in which returns are made, so as to provide that a penalty of five (5%) percent of the tax shall accrue on taxes not paid on or before December 20 of each year and interest shall accrue on unpaid taxes and penalties at a rate of eight (8%) percent per annum plus a surcharge as determined for the applicable tax year by the State Revenue Commissioner.
Referred to Committee on Banking and Finance.

SB 597. By Senator McGill of the 24th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Oglethorpe County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs and emoluments; to provide for periodic statements.
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 1561. By Messrs. McCracken and Lewis of the 77th: A bill to amend an Act establishing a new charter for the City of Louisville, so as to change the method of election of councilmen to a post system and to require a majority vote to decide all elections to any office.
Referred to Committee on County and Urban Affairs.
HB 1570. By Mr. Ritchie of the llth: A bill to amend an Act creating a board of commissioners for Habersham County, so as to change the provisions relative to the compensation of the members of said board.
Referred to Committee on County and Urban Affairs.

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HB 1574. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act placing the Ordinary of Carroll County upon an annual salary so as to change the compensation of the Ordinary.
Referred to Committee on County and Urban Affairs.

HB 1575. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act creating the Office of Tax Commissioner of Carroll County, so as to change the compensation of the Tax Commissioner.
Referred to Committee on County and Urban Affairs.

HB 1576. By Messss. Bohannon and Patterson of the 64th:
A bill to amend an Act entitled "An Act to amend an Act establishing a new charter for the City of Carrollton . . .", by changing the term of office of the Mayor and four councilmen to four years; the creation of four separate posts for the office of Councilmen and the requirement that each person offering for election as Councilman of the City of Carrollton shall designate the post that he or she seeks to fill.
Referred to Committee on County and Urban Affairs.

HB 1577. By Messrs. Bohannon and Patterson of the 64th:
A bill to extend the corporate city limits of the City of Carrollton so as to include the property encompassed by the Industrial Park of Carrollton Payroll Development Authority situated in Land Lots 189 and 190 of the 10th District of Carroll County, which said Industrial Park is more particularly shown on a plat which appears in Plat Book 8, page 18, of Carroll County, Public Records.
Referred to Committee on County and Urban Affairs.

HB 1578. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act placing the Sheriff of Carroll County upon an annual salary, so as to change the compensation of the Sheriff.
Referred to Committee on County and Urban Affairs.

HB 1579. By Messrs. Bohannon and Patterson of the 64th:
A bill to provide for a board of elections in certain counties (population not less than 45,000 and not more than 50,000.
Referred to Committee on County and Urban Affairs.

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HB 1580. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act placing the Clerk of the Superior Court of Carroll County upon an annual salary, so as to change the compensation of the Clerk of the Superior Court.
Referred to Committee on County and Urban Affairs.

HB 1581. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge of said court.
Referred to Committee on County and Urban Affairs.

HB 1582. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act creating the Office of Commissioner of Carroll County, so as to change the compensation and allowances to the Com missioner.
Referred to Committee on County and Urban Affairs.

HB 1372. By Mr. Oxford of the 101st:
A bill to amend Code Title 92, relating to public revenue, so as to provide for refunds of taxes and license fees which have been erroneously or illegally assessed and collected by counties and municipalities or over paid by taxpayers, whether paid voluntarily or involuntarily.
Referred to Committee on Banking and Finance.

HB 1395. By Messrs. Larsen of the 27th, Chance of the 112th, Irvin of the 23rd, and others:
A bill to create an Environmental Education Advisory Council and to enable and direct the Department of Natural Resources, in conjunction with the Council, to develop a proposed Environmental Education Plan.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1418. By Mr. Greer of the 43rd:
A bill to amend Code Section 88-1816, relating to the payment of general obligations of hospital authorities, so as to authorize hospital authorities to issue obligations, other than revenue obligation certificates, having a term in excess of one year.
Referred to Committee on Health and Welfare.

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HB 1419. By Mr. Ritchie of the llth:
A bill to amend Code Section 88-1802, relating to definitions used in the law regarding hospital authorities, as amended, so as to clarify the mean ing of the term "project".
Referred to Committee on Health and Welfare.

HR 237. By Mr. Savage of the 30th:
A resolution proposing an amendment to the Constitution so as to repeal the provision declaring lobbying to be a crime and requiring the General Assembly to enforce said provision by suitable penalties.
Referred to Committee on Rules.

HR 445. By Mr. Walker of the 100th:
A resolution proposing an amendment to the Constitution so as to change the name and designation of the office of Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively.
Referred to Committee on Judiciary.

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 follow ing 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 106. Do pass. SR 293. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.

Senator Hudgins of the 15th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:
Mr. President:
Your Committee on Defense & Veterans Affairs has had under consideration

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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 556. Do pass.
SR 261. Do pass.
SR 287. Do pass.

Respectfully submitted, Hudgins of 15th District, Chairman.

Senator London of the 50th District, 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 Chairman, to report the same back to the Senate with the following recommendation:
SR 309. Do pass.
Respectfully submitted, London of 50th District, Chairman.

Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the follow ing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 280. Do pass by substitute. SB 340. Do pass as amended. HB 1112. Do pass as amended. HB 1359. Do pass as amended.
Respectfully submitted, Cox of 21st District, Chairman.

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

SB 215. By Senators Garrard of the 37th and Kidd of the 25th:
A bill to amend Code Section 79A-905 relating to the seizure of items used in violation of the Georgia Drug Abuse Control Act, as amended, so as to change the time limit provisions relative to condemnation of certain merchandise.

SB 216. By Senators Garrard of the 37th and Kidd of the 25th:
A bill to amend an Act to declare as contraband and subject to confiscation all vehicles in the transportation of narcotic drugs, so as to strike the provisions providing for the payment of a portion of the proceeds from the said vehicle to the officer making the seizure or furnishing the proof.

SB 217. By Senators Garrard of the 37th and Kidd of the 25th:
A bill to amend Code Section 58-207, relating to condemnation of vehicles used in conveying, removing, concealing or storing contraband liquors or beverages, as amended, so as to strike the provisions for the payment of a portion of the proceeds of sale to the officer making the seizure and furnishing the proof.

SB 435'. By Senator Dean of the 6th:
A bill to amend Code Section 74-9902, relating to abandonment of minor children, as amended, so as to change the penalty for abandonment of minor children.

SB 482. By Senator Starr of the 44th:
A bill to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners, approved Feb. 20, 1956, as amended, so as to require the Commissioner of Offender Rehabilitation to transfer within a certain number of days any person convicted and sentenced to serve time in any State penal institution when no appeal or motion for a new trial is filed.

SB 488. By Senators Reynolds of the 48th and Broun of the 46th:
A bill to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings: to provide for interrogation and the taking of statements from persons who are deaf; to provide for the taking of an oath; to require qualifications for such interpreters; to provide for compensation and expenses; to provide for other matters rela tive thereto.

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365

SB 497. By Senator Reynolds of the 48th:
A bill to provide for the confiscation and sale of certain articles of tangible personal property used in the commission of a felony; to provide for proceedings in the superior court; to provide for disposition of proceeds from a sale; to provide for other matters relevant thereto; to provide an effective date.

SB 499. By Senator Sutton of the 9th:
A bill to prohibit the reorganization or consolidation of public schools without approval at a referendum election; to require approval by a majority of the votes cast in each school attendance area affected; to prohibit the reorganization or consolidation of a public school if such reorganization or consolidation would cause any pupil to spend more than a certain number of hours in school, including the time spent traveling to and from school.

SB 522. By Senators Kidd of the 25th, Zipperer of the 3rd and London of the 50th:
A bill to provide minimum salaries for ordinaries of the various counties within the State of Georgia, to be paid from county funds; to provide for longevity increases; to provide for additional minimum compensation for certain ordinaries; to provide that the provisions of local legislation af fecting compensation for ordinaries of the various counties shall remain in full force and effect.

SB 548. By Senators London of the 50th and Overby of the 49th:
A bill to provide an opportunity for each member municipality and each member county to review and comment on certain contracts entered into by APDC's; to prohibit APDC's from entering into certain con tracts; to require each APDC to prepare a comprehensive annual budget, and forward a copy of same each year to member municipalities and member counties.

SB 553. By Senator Smith of the 34th:
A bill to amend Code Title 34, relating to elections, as amended, so as to extend the period of time allowed for the registration of electors prior to a special election.

SB 555. By Senators Reynolds of the 48th and Kennedy of the 4th:
A bill to amend Code Section 92-1403, relating to the taxation of motor fuel, as amended, particularly by an Act known as the "Motor Fuel Tax Law", approved Mar. 18, 1937, as amended, so as to change the pro visions relative to certain exemptions for motor fuel of a type other than gasoline used for non-highway purposes; to provide for sanctions in con nection therewith.

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SB 560. By Senators McGill of the 24th and Ballard of the 45th:
A bill to amend an Act regulating the sale, inspection, importation and distribution of fluid milk and milk products for human consumption, approved April 5, 1961 (Ga. Laws 1961, p. 501), as amended, so as to provide for the filing of wholesale price lists of fluid milk and fluid milk products with the Commissioner of Agriculture; to provide for the sale of fluid milk and fluid milk products in accord with such price lists.

SR 267. By Senator Dean of the 6th:
A resolution relative to the proposed plan by the United States Secretary of Agriculture to increase tobacco production.

SR 284, By Senators Reynolds of the 48th and Broun of the 46th:
A resolution designating U. S. Highway 441 as a Blue Star Memorial Highway honoring Captain Leon Ellis, Jr.

HB 1413. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th:
A bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, so as to change the compensation of the ordinary.

The following resolutions of the Senate and House were read and adopted:

SR 312. By Senators Broun of the 46th and Gillis of the 20th: A resolution expressing appreciation to the Atlanta Symphony Orchestra.

SR 310. By Senators Kennedy of the 4th, Cox of the 21st, McDuffie of the 19th and others:
A resolution congratulating Coach Ron Polk of the Eagles Baseball Team of Georgia Southern College on being NCAA Coach of the Year.

SR 311. By Senators Kennedy of the 4th, Cox of the 21st, McDuffie of the 19th and others:
A resolution congratulating the Georgia Southern College Baseball Team.

HR 552. By Messrs. Logan and Matthews of the 62nd and others:
A resolution recognizing the anniversary of the granting of the Charter for the University of Georgia.

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367

HR 553. By Messrs. Logan, Matthews and Russell of the 62nd:
A resolution congratulating The University of Georgia upon the 189th anniversary of the signing of its charter.

HR 549. By Messrs. Wilson and Atherton of the 19th and many others:
A resolution requesting the Board of Regents of the University System of Georgia to elevate Kennesaw Junior College to the status of a four-year college within the University System.

Senator Hill of the 19th introduced as Chaplain, The Reverend Woodrow W. Wall from Greenville, Georgia, who offered scripture reading and prayer.

The President ordered the morning roll call, and the following Senators answered to their names:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Herndon Hill Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Reynolds Riley Rowan

Salter Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Not answering were Senators:

Cleland Coggin Gillis Henderson

Holley Holloway Howard Hudgins

Jackson Moore Smith Ward

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

The following general bill of the Senate, having been read the third time on January 29 and postponed to Wednesday, January 30, was put upon its passage:

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SB 495. By Senators Barker of the 18th, Skene of the 27th, Holloway of the 12th and others:
A bill to completely supersede and repeal Chapter 79A-8, known as the Uniform Narcotic Drug Act and Chapter 79A-9, known as the Drug Abuse Control Act of Code Title 79A, relating to pharmacists, pharmacy, drugs and narcotics; to provide that Chapter 79A-9 is reserved; to provide a title; to provide for definitions; to provide that the State Board of Pharmacy shall administer this Chapter.

The Committee on Institutions and Mental Health offered the following amendment:
Amend SB 495 by deleting on Page 1, line 9 the words "deleting or",
And by deleting on Page 1, line 22 the word "schedules" and inserting in lieu thereof the word "substances",
And by deleting on Page 9, line 24 the word "may" and inserting in lieu thereof the word "shall",
And by deleting on Page 9, line 24 the words "delete or",
And by adding on Page 16, line 3 the words ", (whether optical, posi tion or geometric)," after the word "isomers" and before the word "and",
And by adding on Page 17, line 12 the words "or salt thereof," after the word "substances," and before the word "except",
And by adding on Page 33, line 28 the symbol for a comma "," after the word "hand" and before the word "received",
And by deleting on Page 34, line 10 the comma after the word "pharmacy" and before the word "to" and inserting in lieu thereof the words "or pharamacist,",
And by deleting on Page 34, line 30 the comma after the word "pharmacy" and before the word "to" and inserting in lieu thereof the words "or pharmacist,",
And by deleting on Page 47, line 7 the word "to" and inserting in lieu thereof the words "and such Sheriff or Police Chief shall";
And by adding on Page 56 after Section 5 a new Section 6 to read as follows:
"Section 6. Nothing in this Act shall be construed to amend, modify, supersede or repeal Code Chapter 79A-11, relating to exemp tions from Code Title 79A.",
And by renumbering on Page 56 Sections 6 and 7, 7 and 8 respectively.

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On the adoption of the amendment, the ayes were 44, nays 0, and the amend ment was adopted.

Senator Lester of the 23rd moved that SB 495 be postponed until Thursday, January 31, 1974.

On the motion, the ayes were 41, nays 1; the motion prevailed, and SB 495 was postponed to Thursday, January 31, 1974.

Senator Parker of the 31st introduced as Doctor of the Day, Dr. Ivan Elder.

The President resumed 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 501. By Senator Jackson of the 16th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved Feb. 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to exclude from the terms "retail sale" and "sale at retail" as used in said Act, sales of tangible personal property used in the restoration or reconstruction of certain historical sites.

Senators Rowan of the 8th and Wasden of the 2nd offered the following amendment:
Amend SB 501 by adding a new Section 2 to read as follows:
"Section 2. Any drugs, prescribed by a licensed physician shall be exempt from the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved Feb. 20, 1951 (Ga. Laws 1951, p. 360), as amended."
and by renumbering Section 2 as Secretary 3.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Brown of 47th

Dean Garrard Howard

Johnson Langford Moore

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Sutton Ward

Wasden Young

Those voting in the negative were Senators:

Carter Cleland Coverdell Cox Doss Duncan Fincher Gillis Hamilton Henderson Herndon

Hill Holloway Hudgins Jackson Kennedy Kidd Lester London McDuffie McGill Parker

Salter Skene Smalley Starr Stephens Summers Thompson Tysinger Warren Webb Zipperer

Those not voting were Senators:

Barker Broun of 46th Coggin

Eldridge Holley

Riley Smith

On the adoption of the amendment, the ayes were 16, nays 33, and the amend ment was lost.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Broun of 46th Brown of 47th Carter Coggin Cox Dean Duncan Fincher Garrard Gillis Hamilton Henderson Hill

Holley Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Parker

Riley Salter Skene Starr Stephens Summers Thompson Tysinger Ward Warren Wasden Young Zipperer

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371

Those voting in the negative were Senators:

Ballard Bell Cleland Coverdell Doss

Eldridge Herndon Holloway Langford Overby

Rowan Smalley Sutton Webb

Not voting was Senator Smith.

On the passage of the bill, the ayes were 41, nays 14.

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

Senator Cleland of the 55th filed the following statement with the Secretary:

"I opposed SB 501 and the amendments because they are unconstitutional. Tax bills cannot be introduced in the Senate."

The following resolution of the Senate was read and adopted:

SR 319. By Senators Johnson of the 38th and Rowan of the 8th: A resolution inviting the Honorable Hank Aaron to attend a session of the Senate.
Senator Johnson of the 38th introduced Mr. and Mrs. Henry Aaron to the Senate, and Mr. Aaron addressed the Senate.
Senator London of the 50th moved that the following resolution of the Senate be withdrawn from the Committee on Economy, Reorganization and Efficiency in Government and recommitted to the Committee on Rules:

SR 306. By Senators London of the 50th and Duncan of the 30th: A resolution creating the Bank Holding Company Study Committee.

On the motion, the ayes were 30, nays 0; the motion prevailed, and SR 306 was withdrawn from the Committee on Economy, Reorganization and Efficiency in Government and recommitted to the Committee on Rules.

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

SB 179. By Senator Herndon of the 10th:
A bill to amend an Act known as the "Georgia Administrative Procedure Act", so as to delete certain exceptions from the definition of "agency".

Senator Herndon of the 10th offered the following substitute to SB 179:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", approved March 10, 1964 (Ga. L. 1964, p. 338), as amended by an Act approved March 26, 1965 (Ga. L. 1965, p. 283), so as to delete certain exceptions from the definition of "agency"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Georgia Administrative Procedure Act", approved March 10, 1964 (Ga. L. 1964, p. 338), as amended by an Act approved March 26, 1965 (Ga. L. 1965, p. 283), is hereby amended by deleting from subsection (a) of Section 2 the following words:
"the Board of Corrections and its penal institutions,- the State Board of Workmen's Compensation, the Public Service Commission, all Public Authorities, the State Personnel Board (Merit System), the State Supervisor of Purchases (Purchasing Department)",
so that the amended section will read:
"(a) 'Agency' means each state board, bureau, commission, de partment, activity or officer authorized by law expressly to make rules and regulations or to determine contested cases except the General Assembly, the judiciary, the Governor, the Board of Pardons and Paroles, the State Board of Probation, the Board of Bar Examiners, the regulation of liquor and alcoholic beverages, or any elementary, secondary or vocational school, any hospital or other such educational, eleemosynary or charitable institution, or any agency when its action is concerned with the military or naval affairs of this State."
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.

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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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holloway Howard Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators Eldridge and Hudgins.

Those not voting were Senators:

Barker Duncan

Holley Johnson

Smith Ward

On the passage of the bill, the ayes were 48, nays 2.

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

Senator Herndon of the 10th moved that SB 179 be immediately transmitted to the House.

On the motion, the ayes were 35, nays 0; the motion prevailed, and SB 179 was immediately transmitted to the House.

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

Mr. President:

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

HB 1455. By Messrs. Rush of the 104th, Colwell of the 4th, Irvin of the 10th and others:
A bill to amend an Act known as the "Georgia Industries Act", approved March 17, 1960 (Ga. Laws 1960, p. 880), as amended, so as to change the composition of the Georgia Correctional Industries Administration; to provide for all matters relative thereto.

The following resolution of the Senate, favorably reported by the commit tee, was read and put upon its adoption:

SR 309. By Senators London of the 50th and Holley of the 22nd: A resolution amending the Rules 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 local, uncontested resolutions of the Senate and House, fa vorably reported by the committee, were read the third time and put upon their adoption:
281. By Senators Moore of the 56th and Thompson of the 32nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the calling of a referendum of the voters of Cobb County for the purpose of repeal of that amendment to the Constitution which authorizes the Gen eral Assembly to provide by local law for the exercise of the planning

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375

and zoning powers within Cobb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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

"If the amendment to this Paragraph authorizing the General Assembly to provide by local law for the exercise of planning and zoning powers within the territorial limits of Cobb County, proposed by House Resolution 263-1012 (Ga. Laws 1973, p. 1527), is ratified by the voters of Cobb County at the general election held in Novem ber, 1974, the entire amendment shall be repealed based upon the outcome of a referendum election as follows: Not later than August 15, 1976, the members of the Cobb County delegation in the General Assembly shall meet and determine, by vote of a simple majority of their number, whether the residents of Cobb County have had sufficient exposure to and experience with the work and decisions of the new planning and zoning body to be reasonably prepared to vote on the question of continuing the existence of the body and of repeal of the Constitutional amendment authorizing creation of the body. If the determination of the members of the delegation is in favor of such a vote, a referendum election shall be held at the general election held in November, 1976, for the purpose of taking such a vote. If the determination of the members of the delegation is not in favor of taking the vote at the general election held in November, 1976, a referendum election shall be held at the general election held in November, 1978, for the purpose of taking such a
vote.

Whenever the referendum election occurs for the purpose of permitting the voters of Cobb County to vote on the question of continuing the existence of the new planning and zoning body and of repeal of the Constitutional amendment authorizing creation of the body, the question shall be published and submitted as provided for local Constitutional amendments in Article XIII, Section I, Para graph I of the Constitution. The ballot submitting the question shall have written or printed thereon the following:

'( ) Yes Shall the Constitution be amended so as to repeal that amendment to Article XV, Section II, Para-
( ) NO graph III, which authorizes the General Assembly to provide by local law for the exercise of planning and zoning powers within the territorial limits of Cobb County?'

All persons desiring to vote in favor of repealing the amendment shall vote 'Yes'. All persons desiring to vote against repealing the amendment shall vote 'No'. If a majority of those voting on the question vote 'Yes', the amendment proposed by House Resolution 263-1012 (Ga. Laws 1973, p. 1527) is repealed in its entirety. If a

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majority of those voting on the question vote 'No', said amendment shall continue in full force and effect and is not repealed."

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 calling of a referendum of the voters of
( ) NO Cobb County for the purpose of repealing the Con stitutional amendment authorizing creation of the new planning and zoning body?"

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Cleland Coggin Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon

Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Reynolds

Riley Rowan Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

WEDNESDAY, JANUARY 30, 1974

377

Those not voting were Senators:

Barker Coverdell

Duncan Parker

Salter

On the adoption of the resolution, the ayes were 51, nays 0.

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

HR 463. By Messrs. Mullinax, Knight and Ware of the 65th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown LaGrange 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 Constitution is amended by adding at the end thereof the following:
"The General Assembly shall be authorized to create in and for the City of LaGrange, the Downtown LaGrange Development Au thority for the purpose of redevelopment of the downtown LaGrange area. Said Authority shall have the power to employ engineers and planners, to contract for the construction, remodeling and altering of buildings, and to contract with the City of LaGrange 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 LaGrange, and to levy and collect taxes within said districts based on values of real property fixed by the Tax Digest of the City of LaGrange, to defray the costs of the foregoing. The Au thority shall have the power to issue bonds and/or revenue certifi cates, 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 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 carry ing 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

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City of LaGrange 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, 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 LaGrange
( ) NO Development Authority and to provide for the powers, duties, and responsibilities of said author ity?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this 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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Cleland Coggin Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson
Herndon

Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Reynolds

Riley Rowan Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

WEDNESDAY, JANUARY 30, 1974

379

Those not voting were Senators:

Barker Coverdell

Parker

Salter

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

SB 506. By Senator Johnson of the 38th: A bill to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to provide for the taking of an oath; to require qualifications for such interpreters; to provide for com pensation.
Senator Johnson of the 38th moved that SB 506 be postponed until Thursday, January 31, 1974.

On the motion, the ayes were 39, nays 0; the motion prevailed, and SB 506 was postponed until Thursday, January 31, 1974.

The following bill of the House was read the first time and referred to a committee:

HB 1455. By Mr. Rush of the 104th and others:
A bill to amend an Act known as the "Georgia Correctional Industries Act", so as to change the composition of the Georgia Correctional Indus tries Administration.
Referred to Committee on Penal and Correctional Affairs.

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.

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Senate Chamber, Atlanta, Georgia Thursday, January 31, 1974

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 pro- , ceedings had been read and found correct.

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

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 1304. By Messrs. Buck of the 87th, Berry of the 86th and others: A bill to amend an Act providing a supplement to the salary of the District Attorney of the Chattahoochee Judicial Circuit, so as to delete therefrom the limitations upon the amount of the supplement specified.
HB 1562. By Messrs. Hill of the 110th, Ellis of the 107th, Blackshear of the 106th and others: A bill to amend Code Section 24A-201, relating to the creation of juvenile courts in certain counties, so as to provide for the creation of a juvenile court in Chatham County.
HB 1612. By Mr. Bray of the 66th: A bill to amend an Act incorporating the City of Manchester, so as to remove certain territory from the corporate limits of the said city.
HB 1617. By Messrs. Lewis and McCracken of the 77th, Lane and Nessmith of the 76th: A bill to abolish the present mode of compensating the Clerk of the Superior Court of Burke County, known as the fee system; to provide in lieu thereof an annual salary.

THURSDAY, JANUARY 31, 1974

381

HB 1431. By Messrs. Shanahan of the 7th, Colwell of the 4th, Ross of the 72nd and others:
A bill to amend an Act known as the "Georgia Electrical Contractors Act", so as to change the provisions relative to the issuance of licenses without examination.

HB 1402. By Mr. Grahl of the 88th:
A bill to require all pecan processors and wholesalers in the State of Georgia to secure a license from the Department of Agriculture.

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

HR 491. By Mr. Dean of the 60th:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption of $2,000 from all ad valorem taxes levied by the City of Norcross for persons 62 years of age or over.

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

SB 598. By Senator Rowan of the 8th:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to change the provisions relating to punishment for persons driving under the influence of intoxicating liquor or drugs; to prohibit certain persons from entering pleas of nolo contendere for certain violations.
Referred to Committee on Special Judiciary.

SB 599. By Senator Rowan of the 8th:
A bill to require the Department of Public Safety to provide forms for the gift of all or part of a person's body conditioned upon the death of the donor whenever a person applies for the issuance, reissuance, or re newal of any driver's license; to require a notation on the face or re verse of a driver's license as to whether the licensee has executed a gift of all or part of his body conditioned upon the death of the donor.
Referred to Committee on Health and Welfare.

SB 600. By Senator Coggin of the 35th:
A bill to amend Code Section 109-502, relating to the unauthorized use of the terms "trust" or "trust company", so as to provide that a corpora-

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JOURNAL OF THE SENATE,

tion lawfully owning the majority of the voting stock of any corporation duly authorized under the laws of this State to do a trust business in this State shall not be subject to any of the prohibitions, or restrictions, on the use of the word "trust" or the use of the phrase "trust company".
Referred to Committee on Banking and Finance.

SB 601. By Senator Lester of the 23rd:
A bill to amend an Act providing for the payment of the cost of care of persons admitted or committed to State institutions which come un der the management and control of the Georgia Department of Human Resources, as amended, so as to change the definition of certain terms; to provide that any person voluntarily admitted or committed to a State institution shall pay his cost of care.
Referred to Committee on Institutions and Mental Health.

SB 602. By Senator London of the 50th:
A bill to amend Code Title 114, relating to Workmen's Compensation, as amended, so as to exclude fellow employees as third party tortfeasors; to change the minimum number of employees for coverage; to delete certain provisions exempting employees of public charities from cover age; to increase the maximum limit of compensation relative to total incapacity.
Referred to Committee on Industry and Labor.

SB 603. By Senator Smith of the 34th:
A bill to amend Code Chapter 53-1, relating to marriage, as amended, so as to require a sterilization procedure to be performed on certain irreversibly and incurably mentally incompetent persons before such persons shall be permitted to enter into marriage; to provide procedures whereby it can be determined whether certain persons should have a sterilization procedure performed.
Referred to Committee on Institutions and Mental Health.

SR 313. By Senator Rowan of the 8th:
A resolution proposing an amendment to the Constitution, so as to pro vide that each person who is sixty-five (65) years of age or over is granted an exemption from all State and county ad valorem taxes in the amount of $30,000.00 on a homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Banking and Finance.

THURSDAY, JANUARY 31, 1974

383

SR. 316. By Senator Coggin of the 35th:
A resolution proposing an amendment to the Constitution, so as to authorize the pre-filing of bills by members of the General Assembly; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Rules.

SR 317. By Senator Coggin of the 35th:
A resolution proposing an amendment to the Constitution, so as to pro vide for sessions of the General Assembly; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Rules.

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

HB 1304. By Messrs. Buck of the 87th, Berry of the 86th, Pearce of the 87th and Thompson of the 86th:
A bill to amend an Act providing a supplement to the salary of the Dis trict Attorney of the Chattahoochee Judicial Circuit, so as to delete therefrom the limitations upon the amount of the supplement specified.
Referred to Committee on Judiciary.

HB 1562. By Messrs. Hill of the 110th, Ellis of the 107th, Blackshear of the 106th, Gignilliat of the 105th and others:
A bill to amend Code Section 23A-201, relating to the creation of juvenile courts in certain counties, so as to provide for the creation of a juvenile court in Chatham County.
Referred to Committee on County and Urban Affairs.

HB 1612. By Mr. Bray of the 66th:
A bill to amend an Act incorporating the City of Manchester, so as to remove certain territory from the corporate limits of the said city.
Referred to Committee on County and Urban Affairs.

HB 1617. By Messrs. Lewis and McCracken of the 77th, Lane and Nessmith of the 76th:
A bill to abolish the present mode of compensating the Clerk of the

384

JOURNAL OF THE SENATE,

Superior Court of Burke County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on County and Urban Affairs.

HB 1402. By Mr. Grahl of the 88th:
A bill to require all pecan processors and wholesalers in the State of Georgia to secure a license from the Department of Agriculture.
Referred to Committee on Agriculture.

HB 1431. By Messrs. Shanahan of the 7th, Colwell of the 4th, Ross of the 72nd, and others:
A bill to amend an Act known as the "Georgia Electrical Contractors Act", so as to change the provisions relative to the issuance of licenses without examination.
Referred to Committee on Industry and Labor.

HR 491. By Mr. Dean of the 60th:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption of $2,000 from all ad valorem taxes levied by the City of Norcross for persons 62 years of age or over.
Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:

Senator Coggin of the 35th District, Chairman of the Committee on Appro priations 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 533. Do pass by substitute. HB 138. Do pass. HB 734. Do pass.
Respectfully submitted, Coggin of 35th District, Chairman.

THURSDAY, JANUARY 31, 1974

385

Senator Jackson of the 16th District, Chairman of the Committee on Business, Trade and Commerce, submitted the following report:

Mr. President:

Your Committee on Business, Trade and Commerce has had under considera tion the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1309. Do pass as amended.

Respectfully submitted, Jackson of 16th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 440. Do pass by substitute.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
SB 542. Do pass. SB 566. Do pass. SB 567. Do pass. HB 916. Do pass. HB 1371. Do pass.

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JOURNAL OF THE SENATE,

HB 1404. Do pass. HB 1420. Do pass. HB 1453. Do pass. HB 1456. Do pass. HB 1467. Do pass. HB 1468. Do pass. HB 1469. Do pass. HB 1511. Do pass. HB 1513. Do pass. HR 451. Do pass. HR 452. Do pass. HR 469. Do pass as amended. HR 493. Do pass. HR 501. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Starr of the 44th District, Chairman of the Committee on Elementary and Secondary Education, submitted the following report:
Mr. President:
Your Committee on Elementary and Secondary Education has had under con sideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 451. Do pass as amended. SB 558. Do pass. SB 571. Do pass. SB 577. Do pass.
Respectfully submitted, Starr of 44th District, Chairman.

THURSDAY, JANUARY 31, 1974

387

Senator Johnson of the 38th District, Chairman of the Committee on Judici ary, submitted the following report:

Mr. President:

Your Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 443. Do pass. SB 544. Do pass. HB 569. Do pass. HB 924. Do pass. HB 1287. Do pass. HB 1291. Do pass as amended. HB 1374. Do pass.
Respectfully submitted, Johnson of 38th District Chairman.

Senator Cox of the 21st, District, Chairman of the Committee on Special Ju diciary, submitted the following report:

Mr. President:

Your Committee on Special Judiciary has had under consideration the follow ing bills of the Senate 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 496. Do pass by substitute.

SB 516. Do pass as amended.

SB 565. Do pass as amended.

\

Respectfully submitted,

Cox of 21st, District,

Chairman.

Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the fol-

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JOURNAL OP THE SENATE,

lowing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 207. Do not pass. SB 519. Do pass. SB 539. Do pass. SB 540. Do pass. SB 554. Do pass. HB 1400. Do pass.

Respectfully submitted, Cox of 21st, District, Chairman.

Senator Zipperer of the 3rd 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 consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SB 498. Do pass. SB 574. Do pass. HR 363. Do pass.
Respectfully submitted, Zipperer of 3rd District, Chairman.
The following bills and resolutions of the Senate and House were read the second time:

SB 106. By Senators Hudgins of the 15th and Jackson of the 16th:
A bill to amend Code Section 92-3107, relating to taxable net income, as amended, so as to exempt armed forces retirement income from State income taxes.

THURSDAY, JANUARY 31, 1974

389

SB 280. By Senator Lester of the 23rd:
A bill authorizing the Ordinary to appoint a guardian to represent an incompetent heir, the executor, or the administrator to act in a repre sentative capacity for the incompetent heir, or the deceased heir, and to agree in writing to a distribution of the decedent's property.

SB 340. By Senator Barker of the 18th:
A bill to amend an Act creating the Department of Public Safety for Georgia, so as to require the court to suspend, revoke or cancel the driver's license of a person who is convicted, pleads guilty or nolo contendere or forfeits bonds for certain offenses.

SB 556. By Senators Stephens of the 36th, Hudgins of the 15th, Cleland of the 55th and Barker of the 18th:
A bill to amend an Act providing for additional points for certain appli cants taking examinations given by any examining board or commission whose records are maintained by the Joint-Secretary, State Examining Boards, approved Mar. 24, 1960 (Ga. Laws 1960, p. 1172), as amended, so as to provide for additional classes of applicants.

SR 261. By Senators Hudgins of the 15th, Salter of the 17th and Barker of the 18th:
A resolution urging the State Superintendent of Schools to request city and county school superintendents to cooperate with authorized agents of the Georgia National Guard in their efforts to recruit eligible students.

SR 287. By Senators Hudgins of the 15th, Salter of the 17th, Barker of the 18th and others:
A resolution urging the Adjutant General of the State of Georgia to establish a course of instruction to teach members of the Georgia Na tional Guard the art of conducting a military funeral.

SR 293. By Senator Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to exempt from all ad valorem taxation real property of a significant historical value which has been restored or reconstructed, which is open to the public and which is certified by the Department of Natural Resources; to provide for the submission of this amendment for ratification or rejection.

HB 1112. By Mr. Marcus of the 26th:
A bill to amend Code Section 59-202, relating to the number of grand jurors, so as to provide for two alternate grand jurors.

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JOURNAL OP THE SENATE,

HB 1359. By Mr. Dorminy of the 115th and others:
A bill to amend Code Chapter 26-13, pertaining to crimes involving bodily injury and related offenses, so as to provide that it shall be un lawful for a person to inflict a violent injury or attempt to commit a violent injury to the person of another while such person is riding upon any conveyance being operated by any public carrier or railroad.

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

HB 1413. By Mr. Odom of the 114th and others:
A bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, so as to change the compensation of the ordinary.

The Committee on County and Urban Affairs offered the following substitute:
A BILL
To be entitled an Act to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. Laws 1955, p. 2874), as amended, particularly by an Act approved March 26, 1969 (Ga. Laws 1969, p. 2293), so as to change the compensation of the sheriff; to change the compensation of the ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act placing certain of the county officers of Dough erty County upon an annual salary, approved March 7, 1955 (Ga. Laws 1955, p. 2874), as amended, particularly by an Act approved March 26, 1969 (Ga. Laws 1969, p. 2293), is hereby amended by striking in its entirety Section 2 and substituting in lieu thereof a new Section 2, to read as follows:
"Section 2. (a) The salary of the sheriff of Dougherty County shall be $20,000.00 per annum.
(b) The salary of the ordinary of Dougherty County shall be $12,500.00 per annum.
(c) The salary of the clerk of the superior court of Dougherty County, where such clerk of the superior court likewise serves as clerk of the City Court of Albany, shall be $15,000.00 per annum.
(d) Each of said officials shall be paid monthly from the general funds in the county treasury."

THURSDAY, JANUARY 31, 1974

391

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 45, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Holloway of the 12th moved that HB 1413 be immediately transmitted to the House.

On the motion, the ayes were 30, nays 0; the motion prevailed, and HB 1413 was immediately transmitted to the House.
The following resolutions of the Senate were read and adopted:

SR 314. By Senator Coggin of the 35th:
A resolution designating a certain portion of State Route 400 as the "Turner McDonald Parkway".

SR 315. By Senator Wasden of the 2nd: A resolution commending Savannah State College.

SR 318. By Senator Kidd of the 25th: A resolution commending Dr. Bob Rogers.

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The President ordered the morning call of the roll, and the following Senators answered to their names:

Barker Broun of 46th Brown of 47th
Carter Coverdell Cox
Doss Duncan Pincher
Gillis Hamilton Herndon Hill Holloway

Howard Hudgins Jackson
Kennedy Kidd Langford
Lester London McDuffie
McGill Moore Overby Parker Riley

Rowan Salter Skene
Smalley Stephens Summers
Sutton Thompson Tysinger
Warren Webb Young Zipperer

Not answering were Senators:

Ballard Bell Cleland Coggin Dean

Eldridge Garrard Henderson Holley Johnson

Reynolds Smith Starr Ward Wasden

Sentor Wasden of the 2nd asked unanimous consent that the following state ment be included in the journal, and the consent was granted:
"Mr. President,
Due to a doctor's appointment, I missed the roll call for the morning of Jan uary 31, 1974."

Senator Moore of the 56th introduced as Chaplain, Dr. Dwight Nysewander, pastor, First United Methodist Church, Roswell, Georgia, who offered scripture reading and prayer.

The following bill of the Senate, having been read the third time January 29, and postponed to January 30, and on January 30 having been postponed until January 31, was put upon its passage:

SB 495. By Senators Barker of the 18th, Thompson of the 32nd, Skene of the 27th, Holloway of the 12th and others:
A bill to completely supersede and repeal Chapter 79A-8, known as the Uniform Narcotic Drug Act and Chapter 79A-9, known as the Drug Abuse Control Act of Code Title 79A, relating to pharmacists, pharmacy,

THURSDAY, JANUARY 31, 1974

393

drugs and narcotics; to provide that Chapter 79A-9 is reserved; to pro vide a title; to provide for definitions; to provide that the State Board of Pharmacy shall administer this Chapter.

The following Institutions and Mental Health Committee amendment to SB 495 was adopted by the Senate on January 30, 1974:
Amend SB 495 by deleting on Page 1, line 9 the words "deleting or",
And by deleting on Page 1, line 22 the word "schedules" and in serting in lieu thereof the word "substances",
And by deleting on Page 9, line 24 the word "may" and inserting in lieu thereof the word "shall" ,
And by deleting on Page 9, line 24 the words "delete or",
And by adding on Page 16, line 3 the words ", (whether optical, position or geometric)," after the words "isomers" and before the word "and",
And by adding on Page 17, line 12 the words "or salt thereof," after the word "substances," and before the word "except",
And by adding on Page 33, line 28 the symbol for a comma "," after the word "hand" and before the word "received",
And by deleting on Page 34, line 10 the comma after the word "pharmacy" and before the word "to" and inserting in lieu thereof the words "or pharmacist,",
And by deleting on Page 34, line 30 the comma after the word "pharmacy" and before the word "to" and inserting in lieu thereof the words "or pharmacist,",
And by deleting on Page 47, line 7 the word "to" and inserting in lieu thereof the words "and such Sheriff or Police Chief shall";
And by adding on Page 56 after Section 5 a new Section 6 to read as follows:
"Section 6. Nothing in this Act shall be construed to amend, modify, supersede or repeal Code Chapter 79A-11, relating to ex emptions from Code Title 79A.",
And by renumbering on Page 56, Sections 6 and 7, 7 and 8 re spectively.

The Committee on Institutions and Mental Health offered the following amendment:

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JOURNAL OF THE SENATE,

Amend SB 495 by striking on Page 26, line 13 subsection (e) of Section 79A-811 in its entirety and substituting in lieu thereof the fol lowing:

"(e) Any person who violates Section 79A-811(a) with respect to a controlled substance in schedule II shall be guilty of a felony and shall be punished by imprisonment for not less than two (2) years nor more than fifteen (15) years. Upon conviction of a second or subsequent offense he shall be imprisoned for not less than two (2) years nor more than thirty (30) years.",

And by adding on Page 26 a new subsection (f) to Section 79A-811 to read as follows:

"(f) Any person who violates Section 79A-811(b) with respect to a controlled substance in Schedule II shall be guilty of a felony and shall be punished by imprisonment for not less than five (5) years nor more than (30) years.",

And by redesignating on Page 26 subsections (f), (g) and (h) of Section 79A-811 to read (g), (h) and (i) respectively,

And by adding on Page 44, line 3 the words ", other than medical treatment records," after the words "records" and before the word "of",

And by deleting on Page 56, line 6 the words and symbols "Sections 79A-911" and substituting in lieu thereof the words and symbols "Sec tions 79A-9911".

On the adoption of the amendment, the ayes were 0, nays 38, and the amend ment was lost.

Senators Thompson of the 32nd, Warren of the 43rd, Skene of the 27th, Reynolds of the 48th, Gillis of the 20th, Barker of the 18th, Starr of the 44th and Holloway of the 12th offered the following amendment:
Amend SB 495 by striking Section 79A-811, beginning on line 23 of Page 25, in its entirety and substituting in lieu thereof a new Section 79A-811 to read as follows:
"Section 79A-811. (Prohibited Acts.)
(a) Except as authorized by this Chapter, it is unlawful for any person to possess or have under his control any controlled substance.
(b) Except as authorized by this Chapter, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell or possess with intent to distribute any controlled substance.

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(c) Any person who violates Section 79A-811(a) with respect to a controlled substance in Schedule I or narcotic drugs in Schedule II shall be guilty of a felony and shall be punished by imprisonment for not less than two (2) years nor more than fifteen (15) years. Upon conviction of a second or subsequent offense he shall be im prisoned for not less than five (5) years nor more than thirty (30) years.

(d) Any person who violates Section 79A-811(b) with respect to a controlled substance in Schedule I or narcotic drugs in Schedule II shall be guilty of a felony and shall be punished by imprisonment for not less than five (5) years nor more than thirty (30) years. Upon conviction of a second of subsequent offense he shall be im prisoned for life.

(e) Any person who violates Section 79A-811(a) with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and shall be punished by imprisonment for not less than two (2) years nor more than fifteen (15) years. Upon conviction of a second or subsequent offense he shall be guilty of a felony and shall be punished by imprisonment for not less than five (5) years nor more than thirty (30) years.

(f) Any person who violates Section 79A-811(b) with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and shall be punished by imprisonment for not less than five (5) years nor more than thirty (30) years.

(g) Any person who violates Section 79A-811(a) with respect to a controlled substance in Schedule III, IV or Schedule V shall be guilty of a felony and shall be punished by imprisonment for not less than one (1) year nor more than five (5) years. Upon convic tion of a second or subsequent offense he shall be imprisoned for not less than one (1) year nor more than ten (10) years.

(h) Any person who violates Section 79A-811(b) with respect to a controlled substance in Schedule III, IV or Schedule V shall be guilty of a felony and shall be punished by imprisonment for not less than one (1) year nor more than ten (10) years.

(i) Except as authorized by this Chapter, it is unlawful for any person to possess, have under his control, manufacture, deliver, dis tribute, dispense, administer, sell or possess with intent to distribute a counterfeit substance. Any person who violates this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one (1) year nor more than ten (10) years.

(j) Possession or sale of marijuana. It is unlawful for any per son to possess, have under his control, manufacture, deliver, distrib ute, dispense, administer, sell, or possess with intent to distribute marijuana. Except as provided in Section 79A-9917, any person who violates this subsection shall be guilty of a felony and shall be pun ished by imprisonment for not less than one (1) year nor more than ten (10) years.",

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And by adding on Page 44, line 4 the words ", other than medical treatment records," after the word "records" and before the word "of",

And by deleting on Page 56, line 6 the words and symbols "Sections 79A-911" and substituting in lieu thereof the words and symbols "Sec tions 79A-9911".

On the adoption of the amendment, the ayes were 40, nays 1, and the amend ment was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Doss Eldridge Gillis Hamilton Herndon Holloway

Howard Hudgins Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Those not voting were Senators :

Cleland Dean Duncan Pincher

Garrard Henderson Hill Holley

Jackson Summers Ward

On the passage of the bill, the ayes were 45, nays 0.

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

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397

Senator Skene of the 27th moved that SB 495 be immediately transmitted to the House.

On the motion, the ayes were 42, nays 0; and the motion prevailed, and SB 495 was immediately transmitted to the House.

Senator Reynolds of the 48th moved that the following bill of the Senate be withdrawn from consideration by the Senate:

SB 488. By Senators Reynolds of the 48th and Broun of the 46th:
A bill to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to provide for interrogation and the taking of statements from persons who are deaf; to provide for the taking of an oath; to require qualifications for such interpreters; to provide for compensation and expenses; to provide for other matters relative thereto.

On the motion, the ayes were 33, nays 0; the motion prevailed, and SB 488 was withdrawn from consideration by the Senate.

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

SB 560. By Senators McGill of the 24th and Ballard of the 45th:
A bill to amend an Act regulating the sale, inspection, importation and distribution of fluid milk and milk products for human consumption, approved April 5, 1961 (Ga. Laws 1961, p. 501), as amended, so as to provide for the filing of wholesale price lists of fluid milk and fluid milk products with the Commissioner of Agriculture; to provide for the sale of fluid milk and fluid milk products in accord with such price lists.

Senator Parker of the 31st moved that the Senate postpone action on SB 560 until Tuesday, February 5, 1974.

On the motion, the ayes were 4, nays 36; the motion was lost, and SB 560 was not postponed.

Senators Skene of the 27th and Howard of the 42nd offered the following amendment:

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Amend SB 560 by adding to line 6 of Page 2, Section 1 (b) after the word "processors" the word "handlers".

On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment was adopted.

Senator Reynolds of the 48th offered the following amendment:
Amend SB 560 by inserting on Page 2, line 11, after the word "list" the following:
"together with a list showing rebates, volume discounts, rentals, and equipment furnished".

On the adoption of the amendment, the ayes were 43, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton Henderson Herndon

Hill Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Bell.

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399

Those not voting were Senators:

Fincher

Holley

Johnson

On the passage of the bill, the ayes were 52, nays 1.

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

Senator Zipperer of the 3rd moved that SB 560 be immediately transmitted to the House.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SB 560 was immediately transmitted to the House.

Senator Dean of the 6th moved that the following bill of the Senate be re committed to the Committee on Economy, Reorganization and Efficiency in Gov ernment:
SB 433. By Senator Dean of the 6th: A bill to prohibit the transfer or reproduction of certain recordings without consent of the owner; to prohibit any manufacture, distribution or wholesale of articles with the knowledge that the sounds are trans ferred without consent of the owner; to provide for exceptions; to pro vide for definitions; to prohibit the sale of certain recorded devices; to provide for penalties.
On the motion, the ayes were 37, nays 0; the motion prevailed, and SB 433 was recommitted to the Committee on Economy, Reorganization and Efficiency in Government.
Senator Gillis of the 20th, President Pro Tempore, assumed the Chair.
The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:
SB 435. By Senator Dean of the 6th: A bill to amend Code Section 74-9902, relating to abandonment of minor children, as amended, so as to change the penalty for abandonment of minor children.

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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, Senator Gillis of the 20th, who was presiding ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators.

Barker Bell
Carter Coggin Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Henderson Herndon Hill Holloway Hudgins Jackson Kennedy Kidd McDuffie Moore Parker Riley

Rowan Smith
Starr Stephens Summers Button Thompson Warren Wasden Webb Young Zipperer

Voting in the negative were Senators:

Broun of 46th Brown of 47th Coverdell Howard Johnson

Langford Lester London Overby

Reynolds Smalley Tysinger Ward

Not voting were Senators:

Ballard Cleland Gillis (presiding)

Holley McGill

Salter Skene

On the passage of the bill, the ayes were 36, nays 13.

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

Senator Dean of the 6th moved that SB 435 be immediately transmitted to the House.

On the motion, the ayes were 33, nays 0; the motion prevailed, and SB 435 was immediately transmitted to the House.

THURSDAY, JANUARY 31, 1974

401

The President resumed the Chair.

SB 522. By Senators Kidd of the 25th, Zipperer of the 3rd and London of the 50th:
A bill to provide minimum salaries for ordinaries of the various counties within the State of Georgia, to be paid from county funds; to provide for longevity increases; to provide for additional minimum compensation for certain ordinaries; to provide that the provisions of local legislation affecting compensation for ordinaries of the various counties shall remain in full force and effect.

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SB 522 by adding at the end of Section 2, Page 2, line 16, the following:
"The amount of the minimum salary provided in Section 1 for the Ordinary of any county presently on a salary who is responsible for traffic cases under the provisions of any general or local law of this State shall also be increased by $100 per month."

On the adoption of the amendment, the ayes were 33, nays 3, and the amend ment was adopted.

Senators Ballard of the 45th and Tysinger of the 41st offered the following amendment:
Amend SB 522 by striking from the title, beginning on line 9, the following language:
"to provide that the provisions of this Act shall not be con strued to place any ordinary on an annual salary in lieu of the fee system of compensation, until local legislation is enacted by the General Assembly of Georgia placing any such ordinary on an annual salary",
and inserting in lieu thereof the following:
"to provide that any ordinary on the fee system of compensa tion shall be placed on an annual salary after the effective date of this Act, such salary to be as provided in this Act unless changed by local legislation in accordance with the provisions of this Act; to provide exceptions".
By striking Section 5 on Page 3 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

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"Section 5. (a) Any ordinary who is compensated under the fee system of compensation on the effective date of this Act shall thereafter be placed on an annual salary, such salary to be as provided in this Act unless changed by local legislation to an amount greater than the minimum annual salary provided for in this Act.

(b) The ordinaries hereby placed on a salary shall diligently and faithfully undertake to collect all fees, fines, forfeitures, com missions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in their offices, and shall receive and hold the same in trust for said counties as public monies and shall pay the same into the county treasuries on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasuries, the ordinaries shall furnish the county commissioners a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officers and paid into the county treasuries. The statement shall show the respective amounts of money collected and the sources thereof.

(c) The necessary operating expenses of each ordinary's of fice shall be paid from any funds of the county. All supplies, ma terials, furnishings, furniture, utilities, and equipment, and the repair, replacement and maintenance thereof, as may be reason ably required in discharging the official duties of such office, shall be furnished by the county and shall be paid from funds of the county. The determination of such requirements shall be sub ject to approval of the governing authority of the county.

(d) Notwithstanding any other provisions of this Section, the provisions of this law shall not be applicable to ordinaries of coun ties in which the ordinary is the county commissioner or governing authority of the county."

On the adoption of the amendment, Senator Tysinger of the 41st called for the ayes and nays, and the call was sustained. The President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th

Howard Lester Smalley

Starr Tysinger Warren

Those voting in the negative were Senators:

Barker Brown of 47th Carter

Cleland Coggin Coverdell

Cox Dean Doss

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403

Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holloway Jackson Johnson

Kennedy Kidd Langford London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan

Salter Skene Smith Stephens Summers Sutton Thompson Ward Wasden Webb Young Zipperer

Not voting were Senators: Holley and Hudgins.

On the amendment, the ayes were 9, nays 45, 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter . Cleland Coggin Cox Dean Doss Duncan Fincher Garrard Gillis

Hamilton Henderson Herndon Hill Holloway Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Skene Smith Stephens Summers Thompson Ward Wasden Webb Young Zipperer

Those voting in the negative were Messrs.:

Coverdell Eldridge Howard Langford

Salter Smalley Starr

Sutton Tysinger Warren

Not voting were Senators: Holley and Hudgins.

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JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 44, nays 10.

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

Senator London of the 50th moved that SB 522 be immediately transmitted to the House.

On the motion, the ayes were 35, nays 0; the motion prevailed, and SB 522 was immediately transmitted to the House.

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 166. By Messrs. Pinkston and Evans of the 89th:
A bill to provide that the board of trustees or directors of any two or more retirement systems, by mutual consent, may pool their trust funds for investment purposes; to provide for the accounting of such funds; to provide the procedures connected therewith.

Senator Coggin of the 35th assumed the Chair.

The following general bill of the Senate, having been read the third time January 30 and postponed until January 31, was put upon its passage:
SB 506. By Senator Johnson of the 38th: A bill to provide for the use of deaf sign language interpreters in cer tain administrative and judicial proceedings; to provide for the tak ing of an oath; to require qualifications for such interpreters; to pro vide for compensation.
Senator Holloway of the 12th offered the following amendment:
Amend SB 506 by striking the first sentence in Section 3 and in serting in lieu thereof the following:

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405

"Section 3. Interpreters; compensation. An interpreter ap pointed under the provisions of Section 1 of this Act shall be en titled to a reasonable fee for his services, such fee not to exceed $50.00 per day of service."

On the adoption of the amendment, the ayes were 44, nays 0, and the amend ment was adopted.

Senator Johnson of the 38th offered the following amendment:
Amend SB 506 by adding in Section 1 a new subsection (c) to read as follows: "In the event a person who is deaf is arrested for any alleged violation of a criminal law of this State, the arresting officer may interrogate or take a statement from such person provided that such interrogation and answers thereto shall be in writing and shall be preserved and turned over to the court in the event such person is tried for the alleged offense."
and by renumbering subsection (c) as (d).

On the adoption of the amendment, the ayes were 46, nays 0, and the amend ment was adopted.

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

On the passage of the bill, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Dean Doss Duncan Eldridge Garrard

Gillis Hamilton Henderson Herndon Hill Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London

McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens

406
Sutton Thompson Tysinger

JOURNAL OF THE SENATE,

Ward Warren Wasden

Webb Young Zipperer

Those not voting were Senators:

Coggin (presiding) Fincher

Holley Hudgins

Summers

On the passage of the bill, the ayes were 51, nays 0.

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

The President announced that the Senate would stand in recess from 12:25 o'clock P.M. until 1:30 o'clock P.M.

The President called the Senate to order at 1:30 o'clock P.M.

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

SB 215. By Senators Garrard of the 37th and Kidd of the 25th:
A bill to amend Code Section 79A-905, relating to the seizure of items used in violation of the Georgia Drug Abuse Control Act, as amended, so as to change the time limit provisions relative to condemnation of certain merchandise.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th

Carter Dean Doss Eldridge

Fincher Garrard Gillis Hamilton

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407

Howard Johnson Kennedy McDuffie McGill Overby Parker

Reynolds Riley Salter Skene Smalley Starr Sutton

Thompson Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Cleland Coggin Coverdell Cox Duncan Henderson Herndon Hill

Holley Holloway Hudgins Jackson Kidd Langford Lester London

Moore Rowan Smith Stephens Summers Tysinger Ward

On the passage of the bill, the ayes were 32, nays 1.

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

Senator Gillis of the 20th assumed the Chair.

SB 216. By Senators Garrard of the 37th and Kidd of the 25th:
A bill to amend an Act to declare as contraband and subject to confis cation all vehicles in the transportation of narcotic drugs, so as to strike the provisions providing for the payment of a portion of the proceeds from the said vehicle to the officer making the seizure or furnishing the proof.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th

Brown of 47th Carter Coverdell Dean

Doss Eldridge Fincher Garrard

408
Hamilton Herndon Holloway Howard Johnson Kennedy McDuffie McGill Overby

JOURNAL OF THE SENATE,

Parker Reynolds Riley Rowan Salter Skene Smalley Starr

Summers Sutton Thompson Tysinger Warren Webb Young Zipperer

Those not voting were Senators:

Cleland Coggin Cox Duncan Gillis (presiding) Henderson Hill

Holley Hudgins Jackson Kidd Langford Lester

London Moore Smith Stephens Ward Wasden

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

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

SB 217. By Senators Garrard of the 37th and Kidd of the 25th:
A bill to amend Code Section 58-207, relating to condemnation of vehicles used in conveying, removing, concealing or storing contraband liquors or beverages, as amended, so as to strike the provisions for the payment of a portion of the proceeds of sale to the officer making the seizure and furnishing the proof.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th

Carter Coggin Coverdell Dean Doss

Eldridge Fincher Garrard Hamilton Herndon

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409

Holloway Howard Jackson Johnson Kennedy Kidd McDuffie McGill Overby

Parker Reynolds Riley Rowan Salter Skene Smalley Starr Summers

Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Cox Duncan Gillis (presiding) Henderson

Hill Holley Hudgins Langford Lester

London Moore Smith Stephens Ward

On the passage of the bill, the ayes were 41, nays 0.

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

SB 497. By Senator Reynolds of the 48th:
A bill to provide for the confiscation and sale of certain articles of tangible personal property used in the commission of a felony; to pro vide for proceedings in the superior court; to provide for disposition of proceeds from a sale; to provide for other matters relevant thereto; to provide an effective date.

Senator Overby of the 49th moved that SB 497 be recommitted to the Com mittee on Special Judiciary.

On the motion, the ayes were 38, nays 0; the motion prevailed, and SB 497 was recommitted to the Committee on Special Judiciary.
Senator Coggin of the 35th resumed the Chair.

The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SR 284. By Senators Reynolds of the 48th and Broun of the 46th: A resolution designating U. S. Highway 441 as a Blue Star Memorial Highway; honoring Captain Leon Ellis, Jr.

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JOURNAL OP THE SENATE,

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

On the adoption of the resolution, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cover dell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton Henderson Herndon

Hill Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Coggin (presiding) Gillis

Holley Hudgins

Salter Warren

On the adoption of the resolution, the ayes were 49, nays 0.

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

The President resumed the Chair.

SB 553. By Senator Smith of the 34th:
A bill to amend Code Title 34, relating to elections, as amended, so as to extend the period of time allowed for the registration of electors prior to a special election.

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411

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Cox Dean Doss Eldridge Garrard Hamilton Henderson Herndon Hill

Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Coverdell Duncan Pincher

Gillis Holley

Hudgins Salter

On the passage of the bill, the ayes were 49, nays 0.

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

SR 267. By Senator Dean of the 6th:
A resolution relative to the proposed plan by the United States Secretary of Agriculture to increase tobacco production.

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

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Sentors:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Garrard Gillis Hamilton Henderson

Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Smalley Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young

Voting in the negative was Senator Smith.

Those not voting were Senators:

Duncan Pincher

Holley Salter

Skene Zipperer

On the adoption of the resolution, the ayes were 49, nays 1.

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

Senator Zipperer of the 3rd filed the following statement with the Secretary of the Senate:
"Mr. President:
I was necessarily absent from the Senate Chamber after 2:15 o'clock P.M. in order to serve as a conferee on the Conference Committee on HB 78, which started its deliberations at this time."

SB 555. By Senators Reynolds of the 48th and Kennedy of the 4th:
A bill to amend Code Section 92-1403, relating to the taxation of motor fuel, as amended, particularly by an Act known as the "Motor Fuel Tax Law", approved Mar. 18, 1937, as amended, so as to change the pro visions relative to certain exemptions for motor fuel of a type other than

THURSDAY, JANUARY 31, 1974

413

gasoline used for non-highway purposes; to provide for sanctions in con nection therewith.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore

Those voting in the negative were Senators:

Rowan

Sutton

Those not voting were Senators:

Broun of 46th Holley

Langford Salter

Overby Parker Reynolds Riley Smalley Smith Starr Stephens Summers Thompson Tysinger Ward Warren Wasden Webb Young
Skene Zipperer

On the passage of the bill, the ayes were 48, nays 2.

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

SB 548. By Senators London of the 50th and Overby of the 49th:
A bill to provide an opportunity for each member municipality and each member county to review and comment on certain contracts entered into

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by APDC's; to prohibit APDC's from entering into certain contracts; to require each APDC to prepare a comprehensive annual budget, and for ward a copy of same each year to member municipalities and member counties.

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SB 548 by striking on Page 1, line 13, the word, symbols and figure "thirty (30)", and inserting in lieu thereof the word, symbols and figure "ten (10)".
By striking on Page 2, line 8, the word, symbols and figure "thirty (30)", and inserting in lieu thereof the word, symbols and figure "ten (10)".
By striking on Page 2, line 27, the word, symbols and figure "thirty (30)", and inserting in lieu thereof the word, symbols and figure "ten (10)".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton

Henderson Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford London McDuffie McGill Moore

Those voting in the negative were Senators:

Ballard Fincher

Lester

Overby Parker Reynolds Riley Rowan Smith Starr Stephens Sutton Thompson Tysinger Wasden Webb Young
Summers

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415

Those not voting were Senators:

Broun of 46th Holley Salter

Skene Smalley Ward

Warren Zipperer

On the adoption of the amendment, the ayes were 44, nays 4, and the amend ment was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Brown of 47th Coggin Cox Dean Doss Duncan Garrard Gillis

Henderson Hudgins Johnson Kennedy Kidd London McDuffie Moore Overby

Parker Reynolds Smith Starr Stephens Summers Thompson Tysinger

Those voting in the negative were Senators:

Ballard Barker Carter Cleland Coverdell Eldridge Fincher Hamilton

Herndon Hill Holloway Howard Jackson Langford Lester

McGill
Riley Rowan Sutton Ward Wasden Webb

Those not voting were Senators:

Broun of 46th Holley Salter

Skene Smalley Warren

Young Zipperer

On the passage of the bill, the ayes were 26, nays 22.

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The bill, having failed to receive the requisite constitutional majority, was lost.

Senator London of the 50th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 548.

Senator Gillis of the 20th 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.

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417

Senate Chamber, Atlanta, Georgia Friday, February 1, 1974

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today, and was called to order by the President Pro Tempore, Senator Gillis of the 20th.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

Senator London of the 50th moved that the Senate reconsider its action of yesterday in defeating the following bill of the Senate:

SB 548. By Senators London of the 50th and Overby of the 49th:
A bill to provide an opportunity for each member municipality and each member county to review and comment on certain contracts en tered into by APDC's; to prohibit APDC's from entering into certain contracts; to require each APDC to prepare a comprehensive annual budget, and forward a copy of same each year to member municipalities and member counties.

On the motion to reconsider, the ayes were 35, nays 0; the motion prevailed, and SB 548 was placed on the Senate Calendar.

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

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 1482. By Messrs. Adams and Smith of the 74th:
A bill to amend Code Section 24-1801 relating to Clerks of County Ordinaries so as to authorize the Ordinary in counties whose popula tion is not less than 23,450 nor more than 23,550 to appoint a Clerk whose salary shall be paid from County funds which salary shall not exceed the sum of $5,000 per annum.

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HB 1483. By Messrs. Adams and Smith of the 74th:
A bill to amend an Act entitled "An Act to amend the Act approved August 6, 1920, changing the terms of office of the Commissioners of Roads and Revenues of Upson County", so as to provide for the election of a Chairman of the Board of Commissioners of Roads and Revenues of Upson County by the members of said Board.

HB 1485. By Messrs. Adams and Smith of the 74th:
A bill to amend the Act entitled "An Act to consolidate the offices of Tax Receiver and Tax Collector of Upson County into the office of Tax Commissioner of Upson County", so as to increase the compensa tion of said Tax Commissioner.

HB 1635. By Mr. Shanahan of the 7th:
A bill to amend an Act providing a new charter for the City of Calhoun, so as to define the corporate limits of said City; to delete cer tain provisions relative to the annexation of territory.

HB 1644. By Messrs. Buck of the 87th, Davis of the 85th and Adams of the 84th:
A bill to amend an Act providing for alternative times for making tax returns in all counties of this State having a population of not less than 170,000 nor more than 200,000 which are authorized by law or constitutional amendment to operate a joint tax receiving or tax assessing program with any other political subdivision, so as to change the population figures and the census contained therein.

HB 1646. By Messrs. Hudson, Dorminy and Rainey of the 115th:
A bill to amend an Act incorporating the City of Ocilla, so as to pro vide that aldermen must resign from office prior to qualifying as candidates for the office of mayor of the City of Ocilla under certain conditions.

HB 1648. By Messrs. Alien of the 108th, Gignilliat of the 105th, Ellis of the 107th and others:
A bill to amend an Act incorporating the City of Savannah Beach, Tybee Island, in the County of Chatham and State of Georgia, so as to change the corporate limits of said city; to regulate taxation in areas added to the corporate limits; to provide for a referendum.

HB 1649. By Messrs. Rush of the 104th and Brantley of the 92nd: A bill to amend an Act establishing the State Court of Tattnall County

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419

(formerly the City Court of Reidsville), so as to change the salary of the judge of said court.

HB 1650. By Messrs. Rush of the 104th and Brantley of the 92nd: A bill to amend an Act establishing the State Court of Tattnall County (formerly the City Court of Reidsville), so as to change the title and compensation of the solicitor of said court.
HB 1654. By Messrs. Bennett, Patten and Reaves of the 124th: A bill to amend an Act incorporating the Town of Dasher, so as to provide powers for the Town Council relative to levy and collection of ad valorem taxes; to require the use of the Lowndes County Tax Assessor's property valuation for levying taxes.
HB 1655. By Mr. Groover of the 75th: A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, so as to change the name of the police court of said city; to provide for a recorder of said court.
HB 1662. By Mr. Willis of the 119th: 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 provisions relative to the sheriff's duties and other em ployees.
HB 1310. By Messrs. Howell of the 118th, Bohannon of the 64th, Bray of the 66th and others: A bill to amend Code Chapter 34-14, relating to absentee voting, so as to revise and change certain of the procedures relating to the process of voting by absentee ballots.
HB 1313. By Messrs. Howell of the 118th, Bray of the 66th, King of the 85th and others: A bill to amend Code Title 34A, relating to municipal elections, so as to make certain technical and clarifying amendments thereto; to con form certain of the procedures relating to the elective process to the provisions of the Georgia Election Code.
HB 1315. By Messrs. Bostick of the 123rd, Keyton of the 121st, Sweat of the 125th and others: A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to change the provisions relative

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to retirement benefits for superior court clerks who are retired or may retire under the provisions of the Superior Court Clerks' Retire ment Fund of Georgia.

HB 1326. By Mr. Adams of the 14th:
A bill to amend an Act creating the Department of Public Safety, so as to prescribe categories and salaries for driver's license examiners; to provide for furnishing of uniforms; to provide for promotion.

HB 1335. By Messrs. Howell of the 118th, Bray of the 66th, Harris of the 51st and others:
A bill to amend Code Chapter 34-6, relating to the registration of elec tors, so as to change the residence requirements for electors; to change the requirement for purging the electors list; to change the oath of the elector.

HB 1336. By Messrs. Howell of the 118th, Bray of the 66th, Lambert of the 97th and others:
A bill to amend Code Title 34A, relating to municipal elections, so as to change certain of the provisions thereof relative to voter eligibility.

HB 1339. By Mrs. Hamilton of the 31st:
A bill to amend Code Chapter 34A-16, relating to penalties for viola tions of the Georgia Municipal Election Code, so as to make it a mis demeanor to knowingly make any false statement in connection with filing a notice of candidacy.

HB 91. By Mr. Levitas of the 50th:
A bill to provide that no bank, lending company, financial institution, retail installment seller, or person extending credit may discriminate or provide requirements which discriminate in the extending of credit or the making of loans on the basis of sex, race, religion or marital status.

SB 445. By Senator Salter of the 17th:
A bill to provide for the election of members of the Board of Education of Upson County; to provide that the Board of Education shall consist of seven members; to provide for education districts.

The House has adopted by the requisite constitutional majority the follow ing resolution of the House, to-wit:

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421

HR 207. By Messrs. Russell of the 53rd, Farrar of the 52nd, Wall of the 61st and others:
A resolution proposing an amendment to the Constitution so as to provide the General Assembly shall provide by law the powers of the State Board of Pardons and Paroles shall have to grant reprieves, pardons and paroles to commute penalties, to remove disabilities im posed by law and to remit parts of sentences.

The House has agreed to the Senate substitute to the following bill of the House, to-wit:

HB 1413. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th:
A bill to amend an Act placing certain of the county officers of Dougherty County upon an annual salary, so as to change the com pensation of the ordinary.

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

HR 578. By Mr. Marcus of the 26th:
A resolution recommending and urging that school patrol members and street crossing guards wear reflective clothing or strips of reflective material on their clothing while on duty.

HR 579. By Messrs. Jones of the 109th, Triplett of the lllth, Jordan of the 58th and many, many others:
A resolution relative to the reading of the Bible by the astronauts.

HR 583. By Messrs. McDaniell, Nix and Duke of the 20th and others: A resolution pertaining to standard time.

SR 294. By Senator Cleland of the 55th: A resolution relative to the high professional standards, the conscien tious programming and the continuing community service rendered by WRAS-FM of Atlanta.
SR 296. By Senators Henderson of the 33rd, Langford of the 51st, Doss of the 52nd and others: A resolution requesting the Board of Regents of the University of

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Georgia to elevate Kennesaw Junior College to the status of a four-year college within the University System.

SR 301. By Senators Coggin of the 35th and Rowan of the 8th:
A resolution urging Congress to repeal the Professional Standard Review Organization Law.

SR 308. By Senator Eldridge of the 7th: A resolution commending Mr. John Harris.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 604. By Senator Webb of the llth: A bill to amend Code Title 9, relating to attorneys at law, as amended, so as to require all persons seeking admission to the bar to take an examination; to repeal provisions relating to admission by comity; to provide an effective date.
Referred to Committee on Judiciary.
SB 605. By Senator Reynolds of the 48th: A bill to amend the Georgia Code of Public Transportation, Title 95A, as amended, so as to make certain technical clarifications therein; to make certain grammatical and spelling corrections; to correct typo graphical errors; to provide for mass transportation grants; to provide financial support for clearing harbors; to provide compensation for the Board; to provide for limitations on outdoor advertising; to provide for appeals of liquidated damages to roads.
Referred to Committee on Highways.

SB 606. By Senators London of the 50th and Overby of the 49th:
A bill to create the Area Planning and Development Commission Over view Committee; to provide for the members of the committee and their appointment, powers, duties, authority, compensation, expenses, allowances and officers; to provide that the State Auditor, the Attorney General, the Director of the Office of Planning and Budget and cer tain other officers, officials, employees, departments, boards, agencies and commissions shall assist the committee in the performance of its duties.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

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423

SB 607. By Senator Cleland of the 55th:
A bill to amend an Act, as amended, relating to the creation and operation of a factory for blind persons, so as to change the name of the Georgia Factory for the Blind to Georgia Industries for the Blind; to repeal Section 5 thereof relating to the board of managers of said factory.
Referred to Committee on Institutions and Mental Health.

SB 608. By Senator Hudgins of the 15th:
A bill to amend an Act creating the Department of Public Safety, as amended, so as to provide for incentive pay increases for certain mem bers of the Department of Public Safety; to provide the procedure con nected therewith.
Referred to Committee on Appropriations.

SB 609. By Senator Bell of the 5th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to change the mem bership of the Board of Directors of the Authority; to provide for terms of office; to provide for non-voting members.
Referred to Committee on County and Urban Affairs.

SR 320. By Senators Warren of the 43rd, Riley of the 1st and Doss of the 52nd:
A resolution proposing an amendment to the Constitution, so as to change the maximum number of members of the Senate; to provide for a maxi mum number of members of the House of Representatives; to provide for apportionment of House and Senate districts; to provide for four year terms of office for members of the Senate; to change the pro visions relating to meetings and time limitations on meetings of the General Assembly.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SR 321. By Senators Hudgins of the 15th, Kidd of the 25th, Jackson of the 16th and others:
A resolution directing the Department of Natural Resources to assume control of Lake Tobesofkee as a State park.
Referred to Committee on Natural Resources and Environmental Quality.

SR 322. By Senators Overby of the 49th, Garrard of the 37th, Ward of the 39th and others:
A resolution to amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the membership

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of the Metropolitan Atlanta Rapid Transit Overview Committee; to direct the State Department of Transportation to assist the Committee.
Referred to Committee on County and Urban Affairs.

SR 323. 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 and to provide for the payment of additional taxes on real property when it is sold and the sales price is higher than the assessed value.
Referred to Committee on Banking and Finance.

SR 324. By Senators Coggin of the 35th, Coverdell of the 40th, Riley of the 1st and others:
A resolution proposing an amendment to the Constitution so as to authorize and direct the General Assembly to provide by law for a constitutional convention; to provide for the submission of this amend ment for ratification or rejection.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SR 325. By Senator Overby of the 49th: A resolution designating the Road Atlanta Highway.
Referred to Committee on Highways.

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

HB 1482. By Messrs. Adams and Smith of the 74th: A bill to amend Code Section 24-1801 relating to Clerks of County Ordinaries so as to authorize the Ordinary in counties whose popula tion is not less than 23,450 nor more than 23,550 to appoint a Clerk whose salary shall be paid from County funds which salary shall not exceed the sum of $5,000 per annum.
Referred to Committee on County and Urban Affairs.
HB 1483. By Messrs. Adams and Smith of the 74th: A bill to amend an Act entitled "An Act to amend the Act approved

FRIDAY, FEBRUARY 1, 1974

425

August 6, 1920, changing the terms of office of the Commissioners of Roads and Revenues of Upson County", so as to provide for the elec tion of a Chairman of the Board of Commissioners of Roads and Reve nues of Upson County by the members of said Board.
Referred to Committee on County and Urban Affairs.

HB 1485. By Messrs. Adams and Smith of the 74th:
A bill to amend the Act entitled "An Act to consolidate the offices of Tax Receiver and Tax Collector of Upson County into the office of Tax Commissioner of Upson County", so as to increase the compensa tion of said Tax Commissioner.
Referred to Committee on County and Urban Affairs.

HB 1635. By Mr. Shanahan of the 7th:
A bill to amend an Act providing a new charter for the City of Calhoun, so as to define the corporate limits of said City; to delete cer tain provisions relative to the annexation of territory.
Referred to Committee on County and Urban Affairs.

HB 1644. By Messrs. Buck of the 87th, Davis of the 85th, Adams of the 84th and others:
A bill to amend an Act providing for alternative times for making tax returns in all counties of this State having a population of not less than 170,000 nor more than 200,000, which are authorized by law or constitutional amendment to operate a joint tax receiving or tax assessing program with any other political subdivision, so as to change the population figures and the census contained therein.
Referred to Committee on County and Urban Affairs.

HB 1646. By Messrs. Hudson, Dorminy and Rainey of the 115th:
A bill to amend an Act incorporating the City of Ocilla, so as to pro vide that aldermen must resign from office prior to qualifying as candidates for the office of mayor of the City of Ocilla under certain conditions.
Referred to Committee on County and Urban Affairs.

HB 1648. By Messrs. Alien of the 108th, Gignilliat of the 105th, Ellis of the 107th and others:
A bill to amend an Act incorporating the City of Savannah Beach, Tybee Island, in the County of Chatham and State of Georgia, so as

426

JOURNAL OF THE SENATE,

to change the corporate limits of said city; to regulate taxation in areas added to the corporate limits; to provide for a referendum.
Referred to Committee on County and Urban Affairs.

HB 1649. By Messrs. Rush of the 104th and Brantley of the 92nd:
A bill to amend an Act establishing the State Court of Tattnall County (formerly the City Court of Reidsville), so as to change the salary of the judge of said court.
Referred to Committee on County and Urban Affairs.

HB 1650. By Messrs. Rush of the 104th and Brantley of the 92nd:
A bill to amend an Act establishing the State Court of Tattnall County (formerly the City Court of Reidsville), so as to change the title and compensation of the solicitor of said court.
Referred to Committee on County and Urban Affairs.

HB 1654. By Messrs. Bennett, Patten and Reaves of the 124th: A bill to amend an Act incorporating the Town of Dasher, so as to provide powers for the Town Council relative to levy and collection of ad valorem taxes; to require the use of the Lowndes County Tax Assessor's property valuation for levying taxes.
Referred to Committee on County and Urban Affairs.
HB 1655. By Mr. Groover of the 75th: A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, so as to change the name of the police court of said city; to provide for a recorder of said court.
Referred to Committee on County and Urban Affairs.
HB 1662. By Mr. Willis of the 119th: 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 provisions relative to the sheriff's duties and other em ployees.
Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 1, 1974

427

HB 91. By Mr. Levitas of the 50th:
A bill to provide that no bank, lending company, financial institution, retail installment seller, or person extending credit may discriminate or provide requirements which discriminate in the extending of credit or the making of loans on the basis of sex, race, religious or marital status.
Referred to Committee on Banking and Finance.

HB 1310. By Messrs. Howell of the 118th, Bohannon of the 64th, Bray of the 66th and others:
A bill to amend Code Chapter 34-14, relating to absentee voting, so as to revise and change certain of the procedures relating to the process of voting by absentee ballots.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1313. By Messrs. Howell of the 118th, Bray of the 66th, Bohannon of the 64th and others: A bill to amend Code Title 34A, relating to municipal elections, so as to make certain technical and clarifying amendments thereto; to con form certain of the procedures relating to the elective process to the provisions of the Georgia Election Code.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 1315. By Messrs. Bostick of the 123rd, Keyton of the 121st, Sweat of the 125th and others: A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to change the provisions relative to retirement benefits for superior court clerks who are retired or may retire under the provisions of the Superior Court Clerks' Re tirement Fund of Georgia.
Referred to Committee on Retirement.
HB 1326. By Mr. Adams of the 14th: A bill to amend an Act creating the Department of Public Safety, so as to prescribe categories and salaries for driver's license examiners; to provide for furnishing of uniforms; to provide for promotion.
Referred to Committee on Highways.

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HB 1335. By Messrs. Howell of the 118th, Bray of the 66th, Bohannon of the 64th and others:
A bill to amend Code Chapter 34-6, relating to the registration of electors, so as to change the residence requirements for electors; to change the requirement for purging the electors list; to change the oath of the elector.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1336. By Messrs. Howell of the 118th, Bray of the 66th, Bohannon of the 64th and others:
A bill to amend Code Title 34A, relating to municipal elections, so as to change certain of the provisions thereof relative to voter eligi bility.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1339. By Mrs. Hamilton of the 31st:
A bill to amend Code Chapter 34A-16, relating to penalties for viola tions of the Georgia Municipal Election Code, so as to make it a mis demeanor to knowingly make any false statement in connection with filing a notice of candidacy.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HR 207. By Messrs. Russell of the 53rd, Farrar of the 52nd, Lambert of the 97th and others:
A resolution proposing an amendment to the Constitution so as to pro vide the General Assembly shall provide by law the powers the State Board of Pardons and Paroles shall have to grant reprieves, pardons and paroles to commute penalties, to remove disabilities imposed by law and to remit parts of sentences.
Referred to Committee on Special Judiciary.

HR 583. By Messrs. McDaniell, Nix and Duke of the 20th and others: A resolution pertaining to standard time.
Referred to Committee on Business, Trade and Commerce.

The following reports of the standing committees were read by the Sec retary :

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429

Senator McGill of the 24th District, Chairman of the Committee on Agri culture, submitted the following report:

Mr. President:

Your Committee on Agriculture 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 1262. Do pass.
HB 1321. Do pass.
HB 1402. Do pass.
HR 473. Do pass.

Respectfully submitted, McGill of 24th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 576. Do pass. SB 582. Do pass as amended. SB 584. Do pass. SB 585. Do pass. SB 597. Do pass. HB 1237. Do pass. HB 1477. Do pass by substitute. HB 1538. Do pass. HB 1539. Do pass. HB 1548. Do pass. HB 1549. Do pass. HB 1550. Do pass.

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HB 1551. Do pass. HB 1552. Do pass. HB 1570. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Kidd of the 25th 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 468. Do pass. SB 471. Do pass. SB 481. Do not pass. SB 587. Do pass. SB 592. Do pass. SR 272. Do not pass. SR 277. Do pass as amended. SR 285. Do pass. HB 59. Do pass. HB 226. Do pass. HB 1241. Do pass.
Respectfully submitted, Kidd of 25th District, Chairman.

Senator Starr of the 44th District, Chairman of the Committee on Elementary and Secondary Education, submitted the following report:
Mr. President:
Your Committee on Elementary and Secondary Education has had under consideration the following bills of the Senate and House and has instructed

FRIDAY, FEBRUARY 1, 1974

431

me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 579. Do pass by substitute.
HB 368. Do pass by substitute.

Respectfully submitted, Starr of 44th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 192. Do pass by substitute. SB 545. Do pass. HB 504. Do not pass. HB 1401. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.

Senator Lester of the 23rd District, Chairman of the Committee on Institu tions and Mental Health, submitted the following report:
Mr. President:
Your Committee on Institutions and Mental Health has had under considera tion the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 562. Do pass. SB 563. Do pass.
Respectfully submitted, Lester of 23rd District, Chairman.

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JOURNAL OF THE SENATE,

Senator Johnson of the 38th District, Chairman of the Committee on Ju diciary, submitted the following report:

Mr. President:

Your Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 569. Do pass.
SB 570. Do pass.

Respectfully submitted, Johnson of 38th District, Chairman.

Senator Coverdell of the 40th 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 117. Do pass by substitute.
Respectfully submitted, Coverdell of 40th District, Chairman.

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

SB 542. By Senator Herndon of the 10th:
A bill to amend an Act creating a Small Claims Court in certain coun ties in this State, as amended, so as to change the cost provisions of said courts; to provide for an administrative fee under certain condi tions; to change the provisions relating to claim affidavits.

SB 566. By Senator Salter of the 17th:
A bill to amend an Act creating a new charter for the City of Jackson, as amended, so as to provide for employment of elected officials in

FRIDAY, FEBRUARY 1, 1974

433

certain capacities; to provide for condemnation procedures and juris diction; to change the name of the Mayor's Court.

SB 567. By Senators Johnson of the 38th, Stephens of the 36th, Garrard of the 37th and others:
A bill to permit certain municipalities which establish a planning department to establish a Zoning Review Board under certain circum stances; to provide an effective date.

HB 916. By Messrs. Patten, Bennett and Reaves of the 124th: A bill to create the Lowndes County Water and Sewerage Authority.

HB 1371. By Messrs. Alien of the 108th, Gignilliat of the 105th, Jones of the 109th and others:
A bill to create a new charter for the Town of Thunderbolt; to pre scribe the corporate limits of said town; to provide for the government of said town.

HB 1404. By Messrs. Coleman, Jessup and Larsen of the 102nd:
A bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Dodge County on an annual salary in lieu of the fee system of compensation, so as to change the provisions relative to deputy sheriffs.

HB 1420. By Messrs. Phillips of the 103rd and Rush of the 104th:
A bill creating and establishing a Small Claims Court for Toombs County, to be known as the Small Claims Court of Toombs County; to prescribe the jurisdiction of said court.

HB 1453. By Mr. Fraser of the 117th:
A bill to incorporate the City of Walthourville in the County of Liberty; to create a charter for said city.

HB 1456. By Messrs. Rush of the 104th and Brantley of the 92nd:
A bill to create the Reidsville Airport Authority; to provide for the membership thereof.

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HB 1467. By Mr. Brantley of the 92nd:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Candler County, known as the fee system; to pro vide in lieu thereof an annual salary.

HB 1468. By Mr. Brantley of the 92nd:
A bill to amend an Act creating the office of Tax Commissioner of Candler County, so as to place the compensation of the Tax Commis sioner of Candler County on a salary basis in lieu of a fee basis; to provide for clerical personnel.

HB 1469. By Mr. Brantley of the 92nd:
A bill to amend an Act placing the Sheriff of Candler County on a salary in lieu of fees, so as to change the salary of the sheriff; to change the provisions relating to deputies and automobiles.

HB 1511. By Messrs. Howell of the 118th, Irwin of the 113th, Hatcher of the 114th and others:
A bill to amend an Act creating the Office of Tax Commissioner of Calhoun County, so as to change the provisions relative to the com pensation of the Tax Commissioner and his assistant.

HB 1513. By Messrs. Grantham and Wheeler of the 127th:
A bill to amend an Act creating the Charter for the City of Douglas, so as to change the date for electing the board of commissioners of said city.

HE 451. By Messrs. Pearce of the 87th, Berry of the 86th, Davis of the 85th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of the Muscogee County School District who is 62 years of age or over and has a limited income shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system.

HE 452. By Messrs. Pearce of the 87th, Berry of the 86th, Adams of the 84th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of the Muscogee County School District shall be granted a $2,000 homestead exemption from ad valorem taxation for school purposes.

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435

HR 469. By Mr. Walker of the 100th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Macon County to impose a county registration fee on each motor vehicle registered in said County and to use the proceeds of such fee for the payment of obligations incurred in connection with the construction of a countywide general hospital and related facilities.

HR 493. By Messrs. Gignilliat of the 105th, Jones of the 109th, Triplett of the lllth and others:
A resolution proposing an amendment to the Constitution so as to authorize an increase in retirement benefits of persons retired under the retirement system of the Board of Public Education for the City of Savannah and the County of Chatham.

HR 501. By Mr. Brantley of the 92nd:
A resolution proposing an amendment to the Constitution so as to change the membership of the Brantley County Industrial Development Authority.

SB 440. By Senator Bell of the 5th:
A bill to prohibit municipal or county governments from requiring employees to be residents of the municipality or county.

SB 451. By Senator Kidd of the 25th:
A bill to amend an Act providing for sick leave for teachers in the public schools in this State, as amended, so as to allow additional accumulative sick leave; to place a limitation upon the amount which may be paid to substitute teachers; to place limitations upon the amount of compensation which may be deducted from absent teachers; compensation; to provide procedures connected therewith.

SB 443. By Senator Johnson of the 38th:
A bill to amend an Act comprehensively revising appellate and other post trial procedure, as amended, so as to provide for interlocutory appeals upon petition to the Supreme Court or Court of Appeals; to prescribe the procedure for such appeals; to amend an Act comprehen sively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post trial procedure in civil cases, known as the "Georgia Civil Practice Act", as amended.

436

JOURNAL OF THE SENATE,

SB 467. By Senator London of the 50th:
A bill to amend Code Chapter 59-1, relating to selection of jurors, as amended, so as to provide for election of a chairman of boards of jury commissioners; to provide for notices; to define a quorum for the purposes of boards of jury commissioners; to further define the duties of clerks of superior courts; to provide for other matters relevant thereto.

SB 496. By Senator Coggin of the 35th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", as amended, so as to create the Georgia Bureau of Investi gation; to provide for the transfer of the State Crime Laboratory and its functions to the Georgia Bureau of Investigation; to provide for the transfer of the functions of the Division of Investigation to the Georgia Bureau of Investigation.

SB 498. By Senators Gillis of the 20th, Holley of the 22nd and Zipperer of the 3rd:
A bill to amend Code Section 84-722, relating to dental college clinics, as amended, so as to provide that nothing in Code Chapter 84-7 shall prohibit regularly chartered dental colleges or dental departments of reputable colleges and universities from maintaining college clinics under the supervision of registered demonstrators.

SB 516. By Senator Coggin of the 35th:
A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post trial pro cedures in civil cases, as amended, so as to provide that a motion to set aside shall lie to attack a judgment based upon a lack of jurisdic tion over the person or subject matter, regardless of whether such lack of jurisdiction appears upon the face of the record or pleadings.

SB 519. By Senator Overby of the 49th:
A bill to amend Code Title 22, relating to corporations, as amended, so as to provide for the place of publication of notice of certain amend ments, changes, restatements, dissolutions, mergers, and consolidations.

SB 533. By Senators McGill of the 24th Holloway of the 12th and Broun of the 46th:
A bill to provide for the procedure relative to the compensation, ex penses, mileage and allowances for the Secretary of the Senate.

FRIDAY, FEBRUARY 1, 1974

437

SB 539. By Senators London of the 50th and Overby of the 49th:
A bill to amend an Act fixing the salaries of the judges of the supe rior courts, as amended, so as to provide Social Security coverage under the Federal Old Age and Survivors Insurance System to secre taries of superior court judges and district attorneys; to provide for the payment of employer contributions.

SB 540. By Senators London of the 50th and Overby of the 49th:
A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuts, so as to provide Social Security coverage under the Federal Old Age and Survivors Insurance System to assistant district attorneys; to provide for the payment of employer contributions.

SB 544. By Senator Carter of the 14th:
A bill to provide that it shall be illegal for any person to alter, modify or change in any manner whatsoever the serial number of any firearm, and to amend an Act to prohibit possession of certain types of fire arms, dangerous weapons and silencers, approved April 8, 1968 (Ga. Laws 1968, p. 983) as amended; so as to provide that it shall be illegal to possess any firearm wherein the serial number has been modified or altered or changed in any manner whatsoever.

SB 554. By Senator Smith of the 34th:
A bill to amend Code Section 26-2001, relating to the crime of rape, so as to provide that when a person shall be convicted of rape and the punishment imposed shall not be death, such person shall also be sentenced to the surgical removal of his testicles.

SB 558. By Senator Starr of the 44th:
A bill to amend an Act known as the "Georgia Proprietary School Act", as amended, so as to change the provisions relative to a certain exemption; to delete certain provisions relative to the registration of representatives and the issuance of permits in connection therewith; to provide for all matters relative thereto.

SB 565. By Senators Gillis of the 20th, Cox of the 21st and Holley of the 22nd:
A bill to amend Code Section 39-1201, relating to the time, place and manner of holding public sales of property under execution, as amended, so as to provide for alternative days on which such public sales shall be conducted under certain circumstances; to amend an Act prescribing the time within which public sales shall be held, so as to change the provisions relating to the time within which such public sales shall be held.

438

JOURNAL OF THE SENATE,

SB 571. By Senator Herndon of the 10th:
A bill to amend Code Section 56-2431, relating to group insurance poli cies entered into by governmental units, so as to permit county boards of education to pay all or part of the premiums for such policies.

SB 574. By Senators McGill of the 24th, Gillis of the 20th, Cox of the 21st and others:
A bill to authorize and empower the Georgia State Scholarship Com mission to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to pursue a program of study in veterinary medicine; to provide for the intent of the Act; to define certain terms; to provide for loans and scholarships; to pro vide for the investigation of applicants and preference of applicants.

SB 577. By Senator Herndon of the 10th:
A bill to amend Code Section 114-101, relating to the definition of em ployer and employee for purposes of the Workmen's Compensation Law, as amended, so as to provide that employees of county boards of education in counties having a population of less than 300,000 are not included within the meaning of the term "employee" unless the county board of education has adopted an appropriate resolution.

HR 363. By Mr. Greer of the 43rd:
A resolution relative to the National Direct (Defense) Student Loan Program.

HB 569. By Messrs. Dean of the 60th, Bennett of the 124th and Buck of the 87th:
A bill to amend an Act making Georgia a party of the Interstate Agree ment on Detainers, so as to change the word "unlawful" to the word "lawful" in Section 5 of said Act so as to clarify the meaning of the Section.

HB 924. By Mr. Berlin of the 89th:
A bill to amend Code Section 27-2506, relating to the punishment of mis demeanor offenses, so as to provide that a judge in his discretion may allow sentences of six months or less to be served on weekends.

HB 1287. By Mr. Harris of the 51st:
A bill to provide authorization in certain instances for destruction of notes taken by court reporters; to provide for a petition to the trial court authorizing such destruction; to provide for the contents of a petition.

FRIDAY, FEBRUARY 1, 1974

439

HB 1291. By Mr. Carlisle of the 67th:
A bill to amend an Act known as the "Sedition and Subversive Activities Act of 1953", so as to change the provisions relating to the written questionnaire.

HB 1374. By Mr. Harris of the 51st:
A bill to amend Code Chapter 26-25, relating to crimes involving ob struction of law enforcement, so as to provide that it shall be unlawful for any person to tamper with evidence or plant false evidence with intent to prevent the apprehension or obstruct the prosecution or defense of any person.

HB 1400. By Messrs. Edwards of the 95th, Bray of the 66th and Adams of the 84th:
A bill to provide for the payment to the district attorney of the Chattahoochee Judicial Circuit from the funds of certain counties located within said circuit supplementary salaries to said district attorney.

HB 1309. By Messrs. Johnson, Lee, Bailey and Northcutt of the 68th:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide that real estate salesmen shall furnish evi dence of completion of thirty in-class hours in a course of study approved by the Commission, or in lieu thereof a correspondence course approved by the Commission, or furnish a certificate that he has successfully completed at least 15 credit hours in subjects related to real estate at an accredited college.

The President assumed the Chair.

The following resolutions of the House were read and adopted:

HR 578. By Mr. Marcus of the 26th:
A resolution recommending and urging that school patrol members and street crossing guards wear reflective clothing or strips of reflective material on their clothing while on duty.

HR 579. By Messrs. Murphy of the 18th, Jones of the 109th, Triplett of the lllth and others:
A resolution relative to the reading of the Bible by the astronauts.

440

JOURNAL OP THE SENATE,

The President ordered the morning call of the roll, and the following Senators answered to their names:

Ballard Barker Bell Broun of 46th Brown of 47th
Carter Coverdell Cox Dean Doss Duncan Eldridge Fincher
Garrard Gillis Hamilton

Herndon Hill Holley Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester London McGill Overby Parker Reynolds

Riley Salter Skene Smalley
Starr Stephens Summers
Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not answering were Senators:

Cleland Coggin Henderson

Jackson McDuffie Moore

Rowan Smith

The President introduced as Chaplain, Dr. James P. Wesberry of Atlanta, Georgia, who offered scripture reading and prayer.

Senator Johnson of the 38th moved that the following bill of the House, having been withdrawn from the Committee on County and Urban Affairs and recommitted to the Committee on Judiciary on January 28, 1974, be withdrawn from the Committee on Judiciary and recommitted to the Committee on County and Urban Affairs:

HB 1343. By Mr. Harris of the 51st:
A bill to amend Code Title 59, relating to juries, so as to provide for in vestigative grand juries in certain counties (population of not less than 400,000 or more than 600,000).

On the motion, the ayes were 31, nays 0; the motion prevailed, and HB 1343 was withdrawn from the Committee on Judiciary and recommitted to the Com mittee on County and Urban Affairs.

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

FRIDAY, FEBRUARY 1, 1974

441

SB 106. By Senators Hudgins of the 15th and Jackson of the 16th:
A bill to amend Code Section 92-3107, relating to taxable net income, as amended, so as to exempt armed forces retirement income from State income taxes.

Senator McGill of the 24th offered the following amendment:
Amend SB 106 by striking on Page 1, line 15, the figures "1972" and inserting in lieu thereof the figures "1974".

On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Brown of 47th Carter Cleland Coggin Coverdell
Cox Dean Doss Duncan Fincher Gillis Hamilton

Hill Holley Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester London McGill Overby Parker

Those voting in the negative were Senators:

Barker Broun of 46th Eldridge

Herndon Smalley Smith

Those not voting were Senators:

Garrard Henderson

Jackson McDuffie

Reynolds Riley Rowan Salter Skene Starr Stephens Summers Ward Wasden Webb Young Zipperer
Sutton Tysinger Warren
Moore Thompson

442

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 41, nays 9.

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

Senator Gillis of the 20th assumed the Chair.

SB 280. By Senator Lester of the 23rd:
A bill authorizing the Ordinary to appoint a guardian to represent an incompetent heir, the executor, or the administrator to act in a repre sentative capacity for the incompetent heir, or the deceased heir, and to agree in writing to a distribution of the decedent's property.

The Senate Committee on Special Judiciary offered the following substitute to SB 280:
A BILL
To be entitled an Act to amend an Act authorizing the Ordinary to dispense with the administration of a simple estate of a decedent when no debts are owed, approved March 25, 1958 (Ga. Laws, 1958, p. 355), so as to provide that if any heir is a minor or incompetent, the Ordinary may appoint a guardian ad litem to represent the incompetent or minor heir to act in a representative capacity for the incompetent or minor heir, and to agree in writing to a distribution of the decedent's property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act authorizing the Ordinary to dispense with the administration of a simple estate of a decedent when no debts are owed, approved March 25, 1958 (Ga. Laws 1958, p. 355), is hereby amended by adding a new Section immediately following Section 1, to be designated Section 1A, to read as follows:
"Section 1A. If any heir is a minor or incompetent, the Ordi nary may appoint a guardian ad litem to represent the incompetent or minor heir, to act in a representative capacity for the incompetent or minor heir, and to agree in writing to a distribution of the decedent's property."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Senators Webb of the llth and Coggin of the 35th offered the follow ing amendment:

FRIDAY, FEBRUARY 1, 1974

443

Amend the committee substitute to SB 280 by adding after the word "property" on line 23, Page 1, the following:

"showing to the satisfaction of the Ordinary that such distribu tion is in the best interest of the minor or incompetent,".

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, Senator Gillis of the 20th, who was pre siding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Doss Duncan Eldridge Fincher Garrard Hamilton

Henderson Herndon Holley Holloway Hudgins Johnson Kennedy Kidd Langford Lester McDuffie McGill Overby Parker Reynolds

Riley Salter Skene Smalley Smith Stephens Summers Sutton Thompson Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Dean Gillis (presiding) Hill Howard

Jackson London Moore

Rowan Starr Tysinger

On the adoption of the substitute, the ayes were 46, 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.

444

JOURNAL OF THE SENATE,

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Doss Eldridge Garrard Hamilton Henderson

Herndon Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Stephens Sutton Thompson Tysinger Ward Warren Webb Young Zipperer

Those not voting were Senators:

Dean Duncan Fincher Gillis (presiding)

Hill Jackson Johnson London

Starr Summers Wasden

On the passage of the bill, the ayes were 45, nays 0.

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

SB 340. By Senator Barker of the 18th:
A bill to amend an Act creating the Department of Public Safety for Georgia, so as to require the court to suspend, revoke or cancel the driver's license of a person who is convicted, pleads guilty or nolo contendere or forfeits bonds for certain offenses.

The Committee on Special Judiciary offered the following amendment:
Amend SB 340 by striking on Page 1, lines 6, 22, and 23, the words, "or nolo contendere".

FRIDAY, FEBRUARY 1, 1974

445

On the adoption of the amendment, Senator Warren of the 43rd called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Brown of 47th Carter Cleland Coggin Cox Eldridge Hamilton Henderson Holloway Howard

Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Stephens Sutton Ward Wasden Young Zipperer

Those voting in the negative were Senators:

Ballard Bell Broun of 46th Coverdell Doss

Fincher Garrard Herndon Smith Starr

Summers Thompson Tysinger Warren Webb

Those not .voting were Senators:

Dean Duncan Gillis (presiding)

Hill Holley Hudgins

Jackson London

On the adoption of the amendment, the ayes were 33, nays 15, and the amend ment was adopted.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

446

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland
Coggin Coverdell Cox Dean Doss Eldridge Garrard Hamilton

Henderson Herndon Holloway Howard Hudgins Kidd
Langford Lester McGill Overby Parker Reynolds Riley Rowan

Salter Skene Smalley Smith
Starr Stephens Summers
Sutton Thompson Tysinger Warren Wasden Webb Young

Those voting in the negative were Senators:

Johnson Kennedy

McDuffie Ward

Zipperer

Those not voting were Senators :

Duncan Fincher Gillis (presiding)

Hill Holley Jackson

London Moore

On the passage of the bill, the ayes were 43, nays 5.

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

Senator Barker of the 18th moved that SB 340 be immediately transmitted to the House.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SB 340 was immediately transmitted to the House.

The President resumed the Chair.

The following resolution of the Senate was read and adopted:

FRIDAY, FEBRUARY 1, 1974

447

SR 327. By Senator Kidd of the 25th: A resolution recognizing and commending Dr. David Wade.

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

HB 166. By Messrs. Pinkston and Evans of the 89th:
A bill to provide that the board of trustees or directors of any two or more retirement systems, by mutual consent, may pool their trust funds for investment purposes; to provide for the accounting of such funds; to provide the procedures connected therewith.

Senator Coverdell of the 40th moved that the Senate insist upon its substitute to HB 166.

On the motion, the ayes were 40, nays 0; the motion prevailed, and the Senate substitute to HB 166 was insisted upon.

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 556. By Senators Stephens of the 36th, Hudgins of the 15th, Cleland of the 55th and others:
A bill to amend an Act providing for additional points for certain appli cants taking examinations given by any examining board or commission whose records are maintained by the Joint-Secretary, State Examining Boards, approved Mar. 24, 1960 (Ga. Laws 1960, p. 1172), as amended, so as to provide for additional classes of applicants.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Cleland

Coggin Coverdell Cox

448
Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Holley Holloway Hudgins Johnson

JOURNAL OP THE SENATE,

Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Reynolds Riley Rowan Skene Smalley

Smith Starr Stephens Summers Sutton Thompson Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Howard

Tysinger

Those not voting were Senators:

Carter Duncan Hill

Jackson London

Parker Salter

On the passage of the bill, the ayes were 47, nays 2.

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

Senator Gillis of the 20th assumed the Chair.

SR 261. By Senators Hudgins of the 15th, Salter of the 17th and Barker of the 18th:
A resolution urging the State Superintendent of Schools to request city and county school superintendents to cooperate with authorized agents of the Georgia National Guard in their efforts to recruit eligible students.

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

On the adoption of the resolution, Senator Gillis of the 20th, who was pre siding, ordered a roll call, and the vote was as follows:

FRIDAY, FEBRUARY 1, 1974

449

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Garrard Hamilton Henderson Herndon

Hill Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Duncan Fincher

Gillis (presiding) Holley Jackson

London Salter

On the adoption of the resolution, the ayes were 48, nays 0.

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

SR 287. By Senators Hudgins of the 15th, Salter of the 17th, Barker of the 18th and others:
A resolution urging the Adjutant General of the State of Georgia to establish a course of instruction to teach members of the Georgia Na tional Guard the art of conducting a military funeral.

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

On the adoption of the resolution, Senator Gillis of the 20th, who was pre siding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Brown of 47th Carter Cleland

Coggin Coverdell Cox

450
Dean Doss Eldridge Fincher Garrard Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins Johnson

JOURNAL OF THE SENATE,

Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Skene

Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Not voting were Senators:

Broun of 46th Duncan

Gillis (presiding) Jackson

Salter Young

On the adoption of the resolution, the ayes were 50, nays 0.

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

HB 734. By Mr. Dollar of the 63rd:
A bill to provide for the enforcement of foreign judgments; to provide for a short title; to provide for definitions; to provide for the filing of foreign judgments and the notice thereof; to provide for the stay of enforcement of such judgments.

Senator Smalley of the 28th offered the following amendment:
Amend HB 734 by striking on Page 2, lines 20, 21 and 22, the words "Lack of mailing notice of filing by the clerk shall not affect the en forcement proceedings if proof of mailing by the judgment creditor has been filed.";
and by striking on Page 2, line 25, the words "judgment is filed" and inserting in lieu thereof the words "notice is mailed by certified mail".

On the adoption of the amendment, the ayes were 34, nays 3, and the amend ment was adopted.

FRIDAY, FEBRUARY 1, 1974

451

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 Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Coggin Riley

Smalley

Those voting in the negative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Dean Doss Eldridge Garrard Hamilton Henderson Herndon

Hill Holley Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Stephens
Parker Reynolds Rowan Skene Smith Starr Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Duncan Fincher

Gillis (presiding) Jackson

Salter Summers

On the passage of the bill, the ayes were 4, nays 46.

The bill, having failed to receive the requisite constitutional majority, was lost.

The President resumed the Chair.

HB 1112. By Mr. Marcus of the 26th:
A bill to amend Code Section 59-202, relating to the number of grand jurors, so as to provide for two alternate grand jurors.

452

JOURNAL OF THE SENATE,

The Committee on Special Judiicary offered the following amendment:'

Amend HB 1112 by striking on Page 1, line 27, the words, "more than twenty-three" and substituting in lieu thereof the words "more than twenty-five".

On the adoption of the amendment, the ayes were 29, nays 2, and the amend ment was adopted.

Senators Skene of the 27th and Langford of the 51st offered the following amendment:
Amend HB 1112 by striking all of the portion that begins on Page 1, line 27, with the word "two" and ends on line 14, Page 2, with the words "grand juror".

On the adoption of the amendment, the ayes were 42, nays 0, and the amend ment was adopted.

Senator Skene of the 27th moved that HB 1112 be recommitted to the Com mittee on Special Judiciary.

On the motion, the ayes were 31, nays 4; the motion prevailed, and HB 1112 was recommitted to the Committee on Special Judiciary.

HB 1359. By Mr. Dorminy of the 115th and others:
A bill to amend Code Chapter 26-13, pertaining to crimes involving bodily injury and related offenses, so as to provide that it shall be unlawful for a person to inflict a violent injury or attempt to commit a violent injury to the person of another while such person is riding upon any conveyance being operated by any public carrier or railroad.

The Committee on Special Judiciary offered the following amendment:
Amend HB 1359 by adding in Section one, on line 12, after the period, the following:
"When not in the commission of a lawful act."

Senator Cox of the 21st offered the following amendment:

FRIDAY, FEBRUARY 1, 1974

453

Amend the committee amendment to HB 1359 by adding on Page 1, line 11, after the word "when" and before the word "he" the following:

", while not in the commission of a lawful act,".

On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment to the committee amendment was adopted.

On the adoption of the committee amendment, the ayes were 43, nays 0, and the committee amendment was adopted as amended.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Carter Coggin Cox Dean Doss Eldridge Garrard Gillis Hamilton Henderson Herndon Hill

Holley Holloway Hudgins Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Riley

Rowan Salter Skene Smith Starr Stephens Summers Sutton ~ Tysinger Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Brown of 47th Coverdell Howard

Johnson Reynolds

Those not voting were Senators:

Barker Broun of 46th Cleland

Duncan Fincher

Smalley Ward
Jackson Thompson

454

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 42, nays 7.

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

Senator McDuffie of the 19th, 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 same back to the Senate as correct and ready for transmission to the Governor: the following bill of the Senate, and has instructed me, as Chairman, to report the
SB 445.
Respectfully submitted, McDuffie of 19th District, Chairman.

Senator Holley of the 22nd 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.

MONDAY, FEBRUARY 4, 1974

455

Senate Chamber, Atlanta, Georgia Monday, February 4, 1974

The Senate met pursuant to adjournment at 10:00 o'clock A. M., today, and was called to order by Senator Gillis of the 20th, President Pro Tempore.

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.

The following message has been received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:

HB 166. By Messrs. Pinkston and Evans of the 89th:
A bill to provide that the board of trustees or directors of any two or more retirement systems, by mutual consent, may pool their trust funds for investment purposes.

The Speaker has appointed on the part of the House the following members thereof:
Messrs. Pinkston and Evans of the 89th and Howard of the 19th.

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

HB 1663. By Messrs. Bohannon and Patterson of the 64th:
A bill to provide the method of filling vacancies in the membership of the Carroll City-County Hospital Authority.

456

JOURNAL OF THE SENATE,

HB 1673. By Mr. Castleberry of the 96th:
A bill to amend an Act placing the Sheriff of Webster County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to personnel employed by the sheriff.

HB 1674. By Mr. Castleberry of the 96th:
A bill to amend an Act creating the office of Commissioner of Stewart County, so as to change the provisions relating to the clerk of the com missioner and the compensation of the clerk.

HB 1679. By Mr. Fraser of the 117th:
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.

HB 1680. By Messrs. Carlisle and Brown of the 67th:
A bill to amend an Act incorporating the City of Sunny Side so as to change the provisions relative to the governing body of said City.

HB 1682. By Messrs. Snow of the 1st, Peters of the 2nd, Hays of the 1st and others:
A bill to amend an Act incorporating the Town of Ft. Oglethorpe, so as to change the provisions relating to the election of the mayor and aldermen.

HB 1683. By Messrs. Strickland and Harrison of the 116th: A bill to amend an Act to create a small claims court in certain counties of the State having a population of not less than 8,905 and not more than 8,920, so as to change the population category within which said court is created.
HB 1686. By Messrs. Patterson and Bohannon of the 64th, Mullinax, Ware and Knight of the 65th: A bill to reincorporate the Town of Centralhatchee in the County of Heard and State of Georgia; to create a new charter for the town.
HB 244. By Messrs. Brown, Dickey and Berlin of the 89th and Adams of the 36th: A bill to revise, classify, consolidate and modernize present laws relating

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457

to the rules of the road for traffic and to establish new laws relating thereto; to codify such laws as Title 68-A of the Code of Georgia of 1933, as amended.

HB 346. By Mr. Wheeler of the 13th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that accumulated days of forfeited annual and sick leave shall constitute creditable service in addition to all other creditable service.

HB 1328. By Messrs. Wamble of the 120th and Collins of the 122nd:
A bill to amend Code Section 22-1801, relating to the penalties upon foreign and domestic corporations, so as to require notice from the Secre tary of State before a penalty is imposed for the failure to file certain reports.

HB 1369. By Mr. Bray of the 66th:
A bill to amend an Act establishing the Employees' Retirement System, so as to allow employees of the State of Georgia who were formerly employees of the Georgia Warm Springs Foundation to purchase credit for previous employment service credited under the Employees' Retire ment System of Georgia.

HB 1376. By Messrs. Murphy of the 18th, Busbee of the 114th:
A bill to provide supplementary appropriations for. the remainder of the fiscal year ending June 30, 1974, in addition to any other appropri ations heretofore or hereafter made for the operation of the depart ments and agencies of the State provided for herein and the purposes provided for herein.
HB 1408. By Messrs. Ware of the 65th, Larsen of the 102nd, Bray of the 66th and others:
A bill to amend an Act creating the office of Solicitor General (now District Attorney) emeritus and creating a retirement fund, so as to provide for eligibility for appointment and for retirement benefits, and for payments into the fund.

HB 1452. By Messrs. Wheeler of the 13th, Collins of the 122nd, Carr of the 90th and others:
A bill to amend Code Chapter 88-10, relating to food service establish ments, so as to require all food service establishments to display on

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menus, or by other means, information concerning meats which contain additives or extenders.

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

SB 439. By Senator Brown of the 47th:
A bill to amend an Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety concerning the ability to sustain shock, so as to change the definition of the term "private passenger automobile"; to provide an effective date.

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

HR 563. By Messrs. Strickland and Harrison of the 116th:
A resolution proposing an amendment to the Constitution, so as to au thorize taxation and the expenditure of public funds by the governing authority of Appling County for the development of trade, commerce, industry, and employment opportunities within Appling County.

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

SB 610. By Senator Herndon of the 10th:
A bill to provide that a specific devise of realty shall pass subject to any security deed or lien existing against the said property at the date of death of the testator, without right of exoneration, regardless of a general directive in the will to pay debts, unless the will expressly directs the payment or satisfaction of any such security deed or lien or unless the will expressly provides that any such specific devise shall pass free of any encumbrance or indebtedness thereon.
Referred to Committee on Judiciary.

SB 611. By Senator Herndon of the 10th:
A bill to amend Code Section 88-508.2 of the Georgia Health Code, re lating to payment of members of the examining committee and the at torney appointed to represent the patient, as amended; to provide an effective date.
Referred to Committee on Institutions and Mental Health.

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459

SB 612. By Senator Pincher of the 54th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to provide for all matters relative to the composition, qualifications for membership, filling of vacancies, and duties and powers of the Composite State Board of Medical Examiners; to provide for all matters relative to the employment, duties and powers of such personnel as may be necessary to assist the Composite State Board of Medical Examiners.
Referred to Committee on Health and Welfare.

SB 613. By Senator Fincher of the 54th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, as amended, so as to change certain definitions; to change the provisions relating to information required on prescriptions and labels on containers.
Referred to Committee on Health and Welfare.

SB 614. By Senator Warren of the 43rd:
A bill to provide for the number of standing committees of the Senate; to provide for the membership thereof and for the appointment, number and qualifications of chairmen and members of such committees; to provide that the President of the Senate shall vote only on certain questions; to provide for other matters relative to the foregoing.
Referred to Committee on Rules.

SB 615. By Senator Kidd of the 25th:
A bill to provide for a requirement of American citizenship for appoint ment to any governmental position that participates directly in the formulation, execution or review of public policy.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 616. By Senators Lester of the 23rd, Rowan of the 8th and Kidd of the 25th:
A bill to amend Code Chapter 88-6, relating to mental health, so as to provide for a statement of purpose; to provide for definitions; to provide for the powers and duties of the Department of Human Resources; to provide for Community Boards; to provide for the powers and duties of Community Boards; to provide for the power of the Department to implement delivery of mental health services.
Referred to Committee on Institutions and Mental Health.

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SB 617. By Senators Barker of the 18th and Kidd of the 25th:
A bill to amend Code Chapter 88-4 of the Georgia Code Annotated, re lated to rehabilitation of alcoholics and drug dependent individuals; to provide options for the diversion of selected drug offenders to treat ment; to provide certain definitions.
Referred to Committee on Institutions and Mental Health.

SB 618. By Senators Wasden of the 2nd and Riley of the 1st: A bill to provide that in all counties of this State having a population of not less than 168,000 and not more than 196,000 according to the United States Decennial Census of 1970 or any future such census, and in all municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours.
Referred to Committee on Temperance.
SB 619. By Senator Coggin of the 35th: A bill to amend Code Section 92-1403, relating to the levy of the motor fuel tax and exemptions therefrom, as amended, so as to provide that the motor fuel tax shall not apply to the sale of motor fuels to any school system; to provide the procedures connected therewith.
Referred to Committee on Appropriations.
SR 328. By Senators Hudgins of the 15th, Coggin of the 35th and Riley of the 1st: A resolution relative to veteran's drivers' licenses.
Referred to Committee on Defense and Veterans Affairs.
SR 329. By Senators Lester of the 23rd and Holley of the 22nd: A resolution authorizing the conveyance of certain State-owned real property located in Richmond County, Georgia, to the City of Augusta and the acceptance of certain property owned by the City of Augusta, located in Richmond and Columbia Counties, Georgia, in consideration therefor.
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:

MONDAY, FEBRUARY 4, 1974

461

HB 1663. By Messrs. Bohannon and Patterson of the 64th:
A bill to provide the method of filling vacancies in the membership of the Carroll City-County Hospital Authority.
Referred to Committee on County and Urban Affairs.

HB 1673. By Mr. Castleberry of the 96th:
A bill to amend an Act placing the sheriff of Webster County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to personnel employed by the sheriff.
Referred to Committee on County and Urban Affairs.

HB 1674. By Mr. dastleberry of the 96th:
A bill to amend an Act creating the office of Commissioner of Stewart County, so as to change the provisions relating to the clerk of the com missioner, and the compensation of the clerk.
Referred to Committee on County and Urban Affairs.

HB 1679. By Mr. Fraser of the 117th:
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.
Referred to Committee on County and Urban Affairs.

HB 1680. By Messrs. Carlisle and Brown of the 67th:
A bill to amend an Act incorporating the City of Sunny Side, so as to change the provisions relative to the governing body of said City.
Referred to Committee on County and Urban Affairs.

HB 1682. By Messrs. Snow of the 1st, Peters of the 2nd, Hays of the 1st, Cole and Foster of the 6th:
A bill to amend an Act incorporating the Town of Ft. Oglethorpe, so as to change the provisions relating to the election of the mayor and alder men.
Referred to Committee on County and Urban Affairs.

HB 1683. By Messrs. Strickland and Harrison of the 116th: A bill to amend an Act to create a small claims court in certain counties

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of the State having a population of not less than 8,905 and not more than 8,920, so as to change the population category within which said court is created.
Referred to Committee on County and Urban Affairs.

HB 1686. By Messrs. Patterson and Bohannon of the 64th, Mullinax, Ware and Knight of the 65th:
A bill to reincorporate the Town of Centralhatchee in the County of Heard and State of Georgia; to create a new charter for the town.
Referred to Committee on County and Urban Affairs.

HB 244. By Messrs. Brown of the 89th, Adams of the 36th, Dickey and Berlin of the 89th:
A bill to revise, classify, consolidate, and modernize present laws relating to the rules of the road for traffic and to establish new laws relating thereto; to codify such laws as Title 68A of the Code of Georgia of 1933, as amended.
Referred to Committee on Highways.

HB 346. By Mr. Wheeler of the 13th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that accumulated days of forfeited annual and sick leave shall constitute creditable service in addition to all other creditable service.
Referred to Committee on Retirement.

HB 1328. By Messrs. Wamble of the 120th and Collins of the 122nd:
A bill to amend Code Section 22-1801, relating to the penalties upon foreign and domestic corporations, so as to require notice from the Secre tary of State before a penalty is imposed for the failure to file certain reports.
Referred to Committee on Interstate Cooperation.

HB 1369. By Mr. Bray of the 66th:
A bill to amend an Act establishing the Employees' Retirement System, so as to allow employees of the State of Georgia who were formerly employees of the Georgia Warm Springs Foundation to purchase credit for previous employment service credited under the Employees' Retire ment System of Georgia.
Referred to Committee on Retirement.

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463

HB 1376. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1974, in addition to any other appropriations heretofore or hereafter made for the operation of the departments and agencies of the State provided for herein and the purposes provided for herein.
Referred to Committee on Appropriations.

HB 1408. By Messrs. Ware of the 65th, Larsen of the 102nd, of the 66th and others:
A bill to amend an Act creating the office of Solicitor General (now District Attorney) emeritus and creating a retirement fund, so as to provide for eligibility for appointment and for retirement benefits, and for payments into the fund.
Referred to Committee on Retirement.

HB 1452. By Messrs. Wheeler of the 13th, Collins of the 122nd, Carr of the 90th and others:
A bill to amend Code Chapter 88-10, relating to food service establish ments, so as to require all food service establishments to display on menus, or by other means, information concerning meats which contain additives or extenders.
Referred to Committee on Health and Welfare.

HR 563. By Messrs. Strickland and Harrison of the 116th:
A resolution proposing an amendment to the Constitution, so as to authorize taxation and the expenditure of public funds by the governing authority of Appling County for the development of trade, commerce, industry, and employment opportunities within Appling County.
Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:
Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report: Mr. President:
Your Committee on County and Urban Affairs has had under consideration

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the following bills and resolution of the House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
HB 1561. Do pass. HB 1562. Do pass. HB 1574. Do pass. HB 1575. Do pass. HB 1576. Do pass. 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 1612. Do pass. HR 491. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Starr of the 44th District, Chairman of the Committee on Elementary and Secondary Education, submitted the following report:
Mr. President:
Your Committee on Elementary and Secondary Education has had under considertation 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 586. Do pass by substitute.
Respectfully submitted, Starr of 44th District, Chairman.

Senator London of the 50th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu-

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465

tion of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 477. Do pass.

Respectfully submitted, London of 50th District, Chairman.

Senator Zipperer of the 3rd District, Chairman of the Committee on Uni versity System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System of Georgia has had under considera tion the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 480. Do pass by substitute.
Respectfully submitted, Zipperer of 3rd District, Chairman.
The following bills and resolutions of the Senate and House were read the second time:

SB 117. By Senators London of the 50th and Kidd of the 25th:
A bill to amend an Act creating the office of District Attorney Emeritus and creating the District Attorneys Retirement Fund, as amended, so as to change the amount of the payment.

SB 192. By Senator Fincher of the 54th:
A bill to provide protective and supportive services for adults; to provide a short title; to state the purpose of the Act.

SB 468. By Senator London of the 50th:
A bill to create the Joint Legislative Committee on Performance Evalu ation and Expenditure Review; to define certain terms; to provide for the composition of the committee and the terms of its members; to pro vide for powers and duties of the committee; to authorize and empower the committee to make performance evaluations and expenditure reviews of all state agencies.

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SB 471. By Senator Coverdell of the 40th:
A bill to require the Governor to make an annual report to the General Assembly on his administration's policies and goals on certain subjects; to provide for all matters relative thereto.

SB 545. By Senator Fincher of the 54th:
A bill to amend an Act known as the "Child Support Recovery Act", approved Mar. 28, 1973 (Ga. Laws 1973, p. 192), so as to redefine "court order" for child support; to provide that the payment of public assistance on behalf of a child creates a debt to the State in the amount necessary to meet the needs of the child and the person having custody of him as their needs are determined by the Department of Human Resources.

SB 562. By Senators Lester of the 23rd and Doss of the 52nd:
A bill to amend Code Section 88-504.2, relating to admission of a mental ly ill person to an emergency receiving facility, as amended, so as to provide for examinations; to provide for orders; to provide for records and reports; to provide for delivery of certain persons to emergency receiving facilities; to provide for other matters relative to the fore going.

SB 480. By Senators Gillis of the 20th, McGill of the 24th, Zipperer of the 3rd and Kennedy of the 4th:
A bill to create the Board of Admissions of the College of Veterinary Medicine; to provide for definitions; to provide for the membership of said Board; to provide for the powers and duties of said Board; to pro vide for funding; to provide for all matters relative to the foregoing.

SR 285. By Senator London of the 50th:
A resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall provide by law for the regulation and disclosure of efforts to influence the executive and legislative branches of State government; to provide for the submission of this amendment for ratification or rejection.
HB 59. By Mr. Greer of the 43rd:
A bill to amend Code Section 34-1005, relating to qualifications of candi dates, time for opening and closing qualifications, posting list of candi dates and certification of political party candidates, so as to prohibit persons from qualifying for party nomination for public office with more than one political party.

MONDAY, FEBRUARY 4, 1974

467

HB 1241. By Messrs. Lane of the 40th and Adams of the 36th:
A bill to create a State Boxing Commission; to provide the jurisdiction, duties and authority of said Commission.

HB 1262. By Mr. Reaves of the 124th:
A bill to amend Code Title 62, relating to livestock, so as to substantially revise, modernize and supersede Code Chapter 62-1, relating to marks and brands; to establish within the Department of Agriculture a Division of Marks and Brands.

HB 1321. By Mr. Collins of the 122nd:
A bill to amend an Act relating to the sale of flue-cured leaf tobacco in this State, so as to further define the intent and purpose of said law; to provide additional conditions upon which licenses may be granted, sus pended, or revoked; to provide for the orderly marketing of leaf tobacco by allocation of sales opportunity.

HB 1401. By Mr. Atherton of the 19th:
A bill to amend Code Chapter 79A-4, relating to pharmacists, so as to authorize the Joint Secretary, State Examining Boards, to issue tempo rary licenses under certain conditions.

HB 1402. By Mr. Grahl of the 88th: A bill to require all pecan processors and wholesalers in the State of Georgia to secure a license from the Department of Agriculture.
HR 473. By Mr. Nessmith of the 76th and others: A resolution relative to the allocation of natural gas to be used in the production of nitrogen.
SB 563. By Senators Lester of the 23rd and Doss of the 52nd: A bill to amend Code Section 88-404.7, relating to admission of certain persons to emergency receiving facilities, so as to provide for custody and examination of persons appearing to be an alcoholic or drug de pendent individual; to provide for delivery of persons found to be an alcoholic or drug dependent individual to designated emergency facilities.
SB 569. By Senator Herndon of the 10th: A bill to amend an Act known as the "Children and Youth Act", approved Mar. 14, 1963 (Ga. Laws 1963, p. 81), as amended, so as to change the

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penalty provisions relating to certain youthful offenders; to provide penalty provisions for the crime of attempted rape with respect to cer tain youthful offenders; to change the provisions relating to modification and change of final orders.

SB 570. By Senator Herndon of the 10th:
A bill to amend Code Chapter 30-2, relating to alimony, as amended, so as to provide for attorneys' fees in certain actions for enforcement or modification of judgments relating to divorce, alimony, support or cus tody of minor children; to provide an effective date.

SB 579. By Senator Thompson of the 32nd:
A bill to amend Code Section 32-942, relating to the keeping of school funds separate from other funds, as amended by an Act approved Apr. 25, 1969 (Ga. Laws 1969, p. 721), so as to provide that said funds may be used for certain extracurricular athletic and interscholastic activities.

SB 587. By Senator Carter of the 14th:
A bill to amend an Act creating the Department of Public Safety, ap proved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to provide that the rank and pay of the Commanding Officer of the Uni form Division of the Department of Public Safety shall be established by the Board of Public Safety; to provide an effective date.

SB 592. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Georgia Barber Act", approved April 19, 1973 (Ga. Laws 1973, p. 1457), so as to change the require ments for the issuance of licenses to practice barbering.

SR 277. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to au thorize certain nonprofit or veterans organizations to operate bingo games; to provide that nonprofit or veterans organizations desiring to operate bingo games shall register annually with the State Revenue Commissioner.

SB 586. By Senator Smith of the 34th:
A bill to provide for the reading of certain admonishments in each public school classroom.

MONDAY, FEBRUARY 4, 1974

469

SB 576. By Senator Webb of the llth:
A bill to amend an Act creating the State Court of Miller County (for merly the City Court of Miller County), as amended, so as to change the salary of the judge of said court.

SB 582. By Senators Wasden of the 2nd, Zipperer of the 3rd and Riley of the 1st:
A bill to amend an Act providing for a board of elections in certain counties, so as to change the jurisdiction of the board of elections; to change the qualifications of members of the board of elections; to change the provisions relating to certification of the election of members of the election board.

SB 584. By Senator McGill of the 24th:
A bill to provide for the appointment of the County School Superin tendent of Wilkes County by the Board of Education of Wilkes County; to provide for the time of the initial appointment; to provide for any other matters relative to the foregoing.

SB 585. By Senator McGill of the 24th:
A bill to amend an Act creating the Oglethorpe Development Authority, so as to change the composition of such Authority, so as to change the provisions relating to the appointment and terms of office of the mem bers; to change the provisions relating to the chairman; to provide for a vice-chairman; to provide certain restrictions on membership.

SB 597. By Senator McGill of the 24th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Oglethorpe County, known as the fee system; to pro vide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the coun ty; to provide for the collection of all such fees, costs and emoluments; to provide for periodic statements.

HB 1237. By Messrs. Dean of the 60th and Mason of the 59th: A bill to amend an Act creating a new charter and municipal govern ment for the City of Buford, as amended, so as to change the provisions relating to the eligibility and election of members of the commission.
HB 1477. By Mr. Jones of the 109th and others: A bill to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the

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voters of Chatham County, so as to change the provisions relative to filling vacancies on said Board of Education.

HB 1538. By Messrs. Grantham and Wheeler of the 127th:
A bill to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1539. By Messrs. Wheeler and Grantham of the 127th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner of Bacon County, so as to change the compensation provisions relating to the tax commissioner.

HB 1548. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to amend the charter of Columbus, Georgia, so as to provide that a councilman or mayor resigning his position as such councilman or mayor prior to qualifying for elective office may be eligible to serve in such new elective office.

HB 1549. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to amend an Act creating the Medical Center Board of Commis sioners, so as to increase the board membership of the Medical Center Board of Commissioners to 15 persons.

HB 1550. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to amend the Charter of Columbus, Georgia, so as to provide that contractual claims against Columbus must be presented within 12 months after they accrue.

HB 1551. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to amend the charter of Columbus, Georgia, so as to establish the date of the council following an election and the term of office of the mayor pro tern.

HB 1552. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to amend the charter of Columbus, Georgia, so as to make ordi nances, the violation of which are criminal in nature, effective 10 days after they have been signed by the mayor and returned by the clerk.

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471

HB 1570. By Mr. Ritchie of the llth:
A bill to amend an Act creating a board of commissioners for Habersham County, so as to change the provisions relative to the compensation of the members of said board.

HB 1561. By Messrs. McCracken and Lewis of the 77th:
A bill to amend an Act establishing a new charter for the City of Louis ville, so as to change the method of election of councilmen to a post system and to require a majority vote to decide all elections to any office.

HB 1562. By Messrs. Hill of the 110th, Ellis of the 107th, Blackshear of the 106th, and others:
A bill to amend Code Section 24A-201, relating to the creation of juvenile courts in certain counties, so as to provide for the creation of a juvenile court in Chatham County.

HB 1574. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act placing the Ordinary of Carroll County upon an annual salary so as to change the compensation of the Ordinary.

HB 1575. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act creating the Office of Tax Commissioner of Carroll County, so as to change the compensation of the Tax Commis sioner.

HB 1576. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act entitled "An Act to amend an Act establishing a new charter for the City of Carrollton", by changing the term of office of the Mayor and four councilmen to four years; the creation of four separate posts for the office of Councilmen and the requirement that each person offering for election as Councilman of the City of Carrollton shall designate the post that he or she seeks to fill.

HB 1577. By Messrs. Bohannon and Patterson of the 64th:
A bill to extend the corporate city limits of the City of Carrollton so as to include the property encompassed by the Industrial Park of Carrollton Payroll Development Authority situated in Land Lots 189 and 190 of the 10th District of Carroll County, which said Industrial Park is more particularly shown on a plat which appears in Plat Book 8, page 18, of Carroll County, Public Records.

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HB 1578. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act placing the Sheriff of Carroll County upon an annual salary, so as to change the compensation of the Sheriff.

HB 1579. By Messrs. Bohannon and Patterson of the 64th:
A bill to provide for a board of elections in certain counties (population not less than 45,000 and not more than 50,000).

HB 1580. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act placing the Clerk of the Superior Court of Carroll County upon an annual salary, so as to change the compensation of the Clerk of the Superior Court.

HB 1581. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judge of said court.

HB 1582. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act creating the Office of Commissioner of Carroll County, so as to change the compensation and allowances to the Com missioner.

HB 1612. By Mr. Bray of the 66th:
A bill to amend an Act incorporating the City of Manchester, so as to remove certain territory from the corporate limits of the said city.

HR 491. By Mr. Dean of the 60th:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption of $2,000 from all ad valorem taxes levied by the City of Norcross for persons 62 years of age or over.

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 542. By Senator Herndon of the 10th:
A bill to amend an Act creating a Small Claims Court in certain counties in this State, as amended, so as to change the cost provisions of said

MONDAY, FEBRUARY 4, 1974

473

courts; to provide for an administrative fee under certain conditions; to change the provisions relating to claim affidavits.

The report 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 566. By Senator Salter of the 17th:
A bill to amend an Act creating a new charter for the City of Jackson, as amended, so as to provide for employment of elected officials in certain capacities; to provide for condemnation procedures and jurisdic tion; to change the name of the Mayor's Court.

The report 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 567. By Senators Johnson of the 38th, Stephens of the 36th, Garrard of the 37th and others:
A bill to permit certain municipalities which establish a planning de partment to establish a Zoning Review Board under certain circum stances; to provide an effective date.

The report 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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HB 1371. By Messrs. Alien of the 108th, Gignilliat of the 105th, Jones of the 109th and others:
A bill to create a new charter for the Town of Thunderbolt; to prescribe the corporate limits of said town; to provide for the government of said town.

The report 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 1404. By Messrs. Coleman, Jessup and Larsen of the 102nd:
A bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Dodge County on an annual salary in lieu of the fee system of compensation, so as to change the provisions relative to deputy sheriffs.

The report 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 1456. By Messrs. Rush of the 104th and Brantley of the 92nd:
A bill to create the Reidsville Airport Authority; to provide for the membership thereof.

The report 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.

MONDAY, FEBRUARY 4, 1974

475

HB 916. By Messrs. Patten, Bennett and Reaves of the 124th: A bill to create the Lowndes County Water and Sewerage Authority.

The report 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 1420. By Messrs. Phillips of the 103rd and Rush of the 104th: A bill creating and establishing a Small Claims Court for Toombs Coun ty, to be known as the Small Claims Court of Toombs County; to pre scribe the jurisdiction of said court.
The report 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 1453. By Mr. Fraser of the 117th: A bill to incorporate the City of Walthourville in the County of Liberty; to create a charter for said city.
The report 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 Mr. Brantley of the 92nd: A bill to abolish the present mode of compensating the Clerk of the Superior Court of Candler County, known as the fee system; to provide in lieu thereof an annual salary.

476

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 42, nays 0.

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

HB 1468. By Mr. Brantley of the 92nd:
A bill to amend an Act creating the office of Tax Commissioner of Candler County, so as to place the compensation of the Tax Commissioner of Candler County on a salary basis in lieu of a fee basis; to provide for clerical personnel.

The report 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 1469. By Mr. Brantley of the 92nd:
A bill to amend an Act placing the Sheriff of Candler County on a salary in lieu of fees, so as to change the salary of the sheriff; to change the provisions relating to deputies and automobiles.

The report 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. Howell of the 118th, Irwin of the 113th, Hatcher, Busbee, Hutchinson and Odom of the 114th: A bill to amend an Act creating the Office of Tax Commissioner of Calhoun County, so as to change the provisions relative to the compen sation of the Tax Commissioner and his assistant.

MONDAY, FEBRUARY 4, 1974

477

The report 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. Grantham and Wheeler of the 127th:
A bill to amend an Act creating the Charter for the City of Douglas, so as to change the date for electing the board of commissioners of said city.

The report 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 resolutions of the Senate and House were read and adopted:

SR 330. By Senator Doss of the 52nd: A resolution commending Mrs. Norma Lattimore.

SR 326. By Senators Hudgins of the 15th, Stephens of the 36th and Smith of the 34th:
A resolution authorizing Commander Ainslee Ferdie, the National Com mander of the Jewish War Veterans of the United States of America, and those accompanying him the privilege of entering upon the floor of the Senate.

HR 477. By Messrs. Lowrey of the 15th, Toles of the 16th and many others:
A resolution calling upon Congress to repeal the Emergency Daylight Saving Time Energy Conservation Act of 1973.

478

JOURNAL OF THE SENATE,

Senator Gillis of the 20th, who was presiding, ordered the morning roll call, and the following Senators answered to their names:

Ballard
Barker Broun of 46th Brown of 47th
Coggin Coverdell Doss
Duncan Eldridge Fincher
Garrard Hamilton Hill Holley Howard

Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie Moore Overby Parker Reynolds Riley

Salter Skene Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not answering were Senators:

Bell Carter Cleland Cox Dean

Gillis (presiding) Henderson Herndon Holloway

McGill Rowan Smalley Smith

Senator Howard of the 42nd introduced as Chaplain, The Reverend William W. Lancaster, pastor, First Baptist Church, Decatur, Georgia, who offered scrip ture reading and prayer.

The following is the Senate Rules Calendar for today: SB 443. Interlocutory Appeals--Supreme Court or Court of Appeals SB 467. Chairman of Board of Jury Commissioners--election (AM) SB 482. Transfer of Convicted Prisoner-within certain number of days SB 496. Georgia Bureau of Investigation--create and functions (SUB) SB 498. Dental College and University--maintain clinic SB 516. Pretrial, Trial and Post Trial Procedures--relating to (AM) SB 533. Secretary of the Senate--expenses and allowances (SUB) SB 539. Superior Court Judge and District Attorney's Secretaries-- social security coverage

MONDAY, FEBRUARY 4, 1974

479

SB 540. Assistant District Attorney--social security coverage

SB 544. Possession of Firearm with Altered Serial Number--illegal

SB 548. Area Planning and Development Commission--city-county review contracts (AM)

SB 565. Public Sales of Property Under Execution--time to be held (AM)

SB 574. Veterinary Medicine--scholarships

SR 293. Historical Property--exempt from ad valorem tax

HB 138. Superior Court Employees--Merit System

HB 368. Local School System Professional Personnel--provide eval uation and tenure (SUB)

HB 1309. Real Estate Salesmen--course of study (AM)

HB 1374. Evidence--unlawful to tamper with or plant

HB 1400. Chattachoochee Judicial Circuit District Attorney-- supplementary salaries

HR 363. National Direct Student Loan Program--relative to

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 443. By Senator Johnson of the 38th:
A bill to amend an Act comprehensively revising appellate and other post trial procedure, approved Feb. 9, 1965, as amended, so as to provide for interlocutory appeals upon petition to the Supreme Court or Court of Appeals; to prescribe the procedure for such appeals; to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post trial procedure in civil cases, known as the "Ga. Civil Practice Act", as amended.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

480

JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

Barker Broun of 46th Brown of 47th Carter Cleland
Coggin Coverdell Cox Doss Duncan Eldridge Fincher Garrard Hamilton Henderson

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Salter Skene Smalley Smith Stephens Summers Sutton Thompson
Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Ballard Bell Dean Gillis (presiding)

Herndon Hill Kidd Riley

Rowan Starr Young

On the passage of the bill, the ayes were 45, nays 0.

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

SB 467. By Senator London of the 50th: A bill to amend Code Chapter 59-1, relating to selection of jurors, as amended, so as to provide for election of a chairman of boards of jury commissioners; to provide for notices; to define a quorum for the pur poses of boards of jury commissioners; to further define the duties of clerks of superior courts; to provide for other matters relevant thereto.
The Committee on Special Judiciary offered the following amendment:
Amend SB 467 by adding on Page 1, line 18 after the word "meet ing" the words "no less than ten (10) nor more than thirty (30) days";
And by striking on Page 2, lines 1 and 2 the words "upon ascer taining that all members of the board are present", and substituting in lieu thereof the following, "Upon ascertaining that a quorum of mem bers of the board is present";
And by striking Section (d) of Section 1 in its entirety.

MONDAY, FEBRUARY 4, 1974

481

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 pasage of the bill as amended, was agreed to.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Barker Broun of 46th Brown of 47th Cleland Coggin Coverdell Cox Doss Duncan Eldridge Fincher Garrard Hamilton Henderson

Holley Holloway Howard Johnson Kennedy Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Bell Carter Dean Gillis (presiding)

Herndon Hill Hudgins Jackson

Kidd Rowan Young

On the passage of the bill, the ayes were 45, nays 0.

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

Senator Bell of the 5th filed the following statement with the Secretary:
"Mr. President:
I supported SB 443 and SB 467 and would have voted for them but was tied up in a meeting with Legislative Counsel on drawing a bill."

482

JOURNAL OF THE SENATE,

The following communication from His Excellency, Governor Jimmy Carter, was read by the Secretary:

STATE OF GEORGIA Executive Department
Atlanta 30334

February 1, 1974

Honorable Lester G. Maddox Lieutenant Governor and President of the Senate and Members of the Senate State Capitol Atlanta, Georgia 30334

Gentlemen:

The following appointments are submitted herewith for confirma tion by the State Senate as provided by law:

Honorable Sam DuBose of Ware County as a member of the State Board of Accountancy for a term beginning May 1, 1973, and ending June 30, 1976.

Honorable James E. Bates of Hall County as a member of the State Board of Accountancy for a term beginning September 17, 1973, and ending June 30, 1977.

Honorable Thomas H. Brookbank of Muscogee County as a member of the State Board for Examination, Qualification and Registration of Architects for a term beginning May 11, 1973, and ending March 5, 1978.

Honorable J. T. Hyde of Fannin County as a member of the Area Planning and Development Advisory Committee for a term beginning July 23, 1973, and serving at the pleasure of the Gov ernor.
Honorable J. Smiley Wolfe of Clarke County as a member of the Area Planning and Development Advisory Committee for a term beginning July 24, 1973, and serving at the pleasure of the Governor.

Honorable C. W. Smith of Toombs County as a member of the Area Planning and Development Advisory Committee for a term beginning August 22, 1973, and serving at the pleasure of the Gov ernor.
Honorable Ralph Jackson, Jr. of Johnson County as a member of the Area Planning and Development Advisory Committee for a term beginning August 22, 1973, and serving at the pleasure of the Governor.

MONDAY, FEBRUARY 4, 1974

483

Honorable Harvey D. Burnette, Jr. of Lamar County as a mem ber of the Area Planning and Development Advisory Committee for a term beginning October 24, 1973, 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 June 20, 1973, and serving at the pleasure of the Governor.

Honorable Canute M. Richardson of Richmond County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning June 20, 1973, and serving at the pleasure of the Governor.

Honorable Frank C. Underwood, Jr. of Chatham County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning June 20, 1973, and serving at the pleasure of the Governor.

Honorable Charles Yeargin of Elbert County as a member of the State Building Administrative Board for a term beginning Sep tember 20, 1973, and ending September 20, 1977.

Honorable Robert Balk of Richmond County as a member of the State Building Administrative Board for a term beginning September 20, 1973, and ending September 20, 1977.

Honorable John R. Street, Jr. of Cobb County as a member of the State Building Administrative Board for a term beginning September 20, 1973, and ending September 20, 1977.

Honorable T. Z. Chastain of DeKalb County as a member of the State Building Adminstrative Board for a term beginning Sep tember 20, 1973, and ending September 20, 1977.

Honorable John B. Manley, Jr. of Fulton County as a member of the State Building Administrative Board for a term beginning September 20, 1973, and ending September 20, 1977.

Honorable T. T. Flagler, Jr. of Fulton County as a member of the State Building Administrative Board for a term beginning September 20, 1973, and endnig September 20, 1977.

Dr. Gerald W. Holloway of Brooks County as a member of the Georgia Board of Chiropractic Examiners for a term beginning October 31, 1973, and ending August 20, 1976.

Dr. Donald N. Parkerson of Dodge County as a member of the Georgia Board of Chiropractic Examiners for a term beginning October 31, 1973, and ending August 20, 1976.

484

JOURNAL OF THE SENATE,

Honorable Billy G. Fallin of Colquitt County as a member of the Board of Community Development for a term beginning July 17, 1973, and ending April 1, 1978.

Honorable Nick Mamalakis of Chatham County as a member of the Board of Community Development for a term beginning November 26, 1973, and ending April 1, 1978.

Honorable R. L. "Bob" Blalock of Meriwether County as a member of the State Board of Corrections for a term beginning December 21, 1973, and ending November 27, 1978.

Mrs. Bessie Bledsoe Moore of Colquitt County as a member of the Georgia State Board of Cosmetology for a term beginning May 11, 1973, and ending May 1, 1976.

Honorable Ronald E. Harrell of Seminole County as a member of the Board of Dental Examiners of Georgia for a term beginning August 30, 1973, and ending August 1, 1978.

Honorable H. C. Hearn, Jr. of Evans County as a member of the Georgia Development Authority for a term beginning July 24, 1973, and ending July 1, 1981 .

Mrs. R. M. Hair of Marion County as a member of the Board of Directors of the Georgia Higher Education Assistance Corpora tion for a term beginning September 17, 1973, and ending March 15, 1978.

Honorable Walter F. Farr, Sr. of Fayette County as a member of the Board of Directors of the Georgia Higher Education As sistance Corporation for a term beginning September 17, 1973, and ending March 15, 1977.

Honorable Walter McCrary, Jr. of Randolph County as a mem ber of the Board of Directors of the Georgia Higher Education Assistance Corporation for a term beginning September 17, 1973, and ending March 15, 1979.

Honorable Carey T. Vinzant of Monroe County as a member of the Board of Directors of the Georgia Higher Education As sistance Corporation for a term beginning September 17, 1973, and ending March 15, 1976.

Honorable Brice Bishop of Clarke County as a member of the Georgia State Board of Electrical Contractors for a term begin ning July 1, 1973, and ending July 1, 1974.

Honorable William P. McCuen of Chatham County as a member of the Georgia State Board of Electrical Contractors for a term beginning July 1, 1973, and ending July 1, 1974,

MONDAY, FEBRUARY 4, 1974

485

Honorable Bill E. Grice of Cobb County as a member of the Georgia State Board of Electrical Contractors for a term beginning July 1, 1973, and ending July 1, 1975.

Honorable Charles Harry McLendon of Rockdale County as a member of the Georgia State Board of Electrical Contractors for a term beginning July 1, 1973, and ending July 1, 1975.

Honorable Joe N. Guy of Fulton County as a member of the Georgia State Board of Electrical Contractors for a term beginning July 1, 1973, and ending July 1, 1976.

Honorable Paul C. Rosser of Fulton County as a member of the Georgia State Board of Electrical Contractors for a term be ginning July 1, 1973, and ending July 1, 1976.

Honorable P. J. Wise of Sumter County as a member of the Georgia State Board of Electrical Contractors for a term beginning July 1, 1973, and ending July 1, 1976.

Honorable Preston E. Newman of Fulton County as a member of the Board of Registration for Professional Engineers and Land Surveyors for a term beginning June 25, 1973, and ending June 1, 1978.

Honorable James L. Jackson of Johnson County as a member of the Georgia Forest Research Council for a term beginning August 30, 1973, and ending January 1, 1981.

Honorable John S. Sisley of Floyd County as a member of the State Board of Registration for Foresters for a term beginning June 26, 1973, and ending March 19, 1978.

Honorable Hugh Dixon of Toombs County as a member of the State Forestry Commission for a term beginning June 25, 1973, and ending January 1, 1980.

Honorable Idus Robertson, III of Meriwether County as a member of the Georgia State Board of Funeral Service for a term beginning June 18, 1973, and ending February 13, 1979.

Honorable John C. Bess of DeKalb County as a member of the Georgia State Board of Hearing Aid Dealers and Dispensers for a term beginning July 11, 1973, and ending July 1, 1976.

Dr. J. A. Carter of Fulton County as a member of the Geor gia State Board of Hearing Aid Dealers and Dispensers for a term beginning July 11, 1973, and ending July 1, 1976.

Honorable George Vollhaber of DeKalb County as a member of the Georgia State Board of Hearing Aid Dealers and Dispensers for a term beginning July 11, 1973, and ending July 1, 1976.

486

JOURNAL OF THE SENATE,

Honorable John E. "Jack" Ellington of Treutlen County as a member of the Charles H. Herty Foundation for a term beginning October 4, 1973, and ending February 19, 1977.

Dr. M. Donald Pittard of Stephens County as a member of the Board of Human Resources for a term beginning May 11, 1973, and ending April 6, 1978.

Honorable Hugh Gaston of Dougherty County as a member of the Board of Human Resources for a term beginning May 11, 1973, and ending April 6, 1978.

Honorable Dean Fowler of Macon County as a member of the Board of Human Resources for a term beginning May 11, 1973, and ending April 6, 1978.

Judge J. Bowie Gray of Tift County as a member of the Ju dicial Council of the State of Georgia for a term beginning May 1, 1973, and ending May 1, 1975.

Justice William B. Gunter of Hall County as a member of the Judicial Council of the State of Georgia for a term beginning May 1, 1973, and ending May 1, 1975.

Judge James B. O'Connor of Telfair County as a member of the Judicial Council of the State of Georgia for a term beginning May 1, 1973, and ending May 1, 1975.

Judge Hal Bell of Bibb County as a member of the Judicial Council of the State of Georgia for a term beginning May 1, 1973, and ending May 1, 1976.

Judge Kenneth B. Followill of Muscogee County as a member of the Judicial Council of the State of Georgia for a term begin ning May 1, 1973, and ending May 1, 1976.

Judge Walter C. McMillan, Jr. of Washington County as a member of the Judicial Council of the State of Georgia for a term beginning May 1, 1973, and ending May 1, 1976.

Judge Robert H. Hall of DeKalb County as a member of the Judicial Council of the State of Georgia for a term beginning May 1, 1973, and ending May 1, 1977.

Judge William K. Stanley, Jr. of Bibb County as a member of the Judicial Council of the State of Georgia for a term beginning May 1, 1973, and ending May 1, 1977.

Judge G. Ernest Tidwell of Fulton County as a member of the Judicial Council of the State of Georgia for a term beginning May 1, 1973, and ending May 1, 1977.

MONDAY, FEBRUARY 4, 1974

487

Mrs. Amilee Graves of Habersham County as a member of the Judicial Qualifications Commission for a term beginning June 18, 1973, and ending December 31, 1976.

Honorable Howard Ector of Cobb County as a member of the Judicial Qualifications Commission for a term beginning June 18, 1973, and ending December 31, 1974.

Honorable David A. Rankin of Hall County as a member of the Lake Lanier Islands Development Authority for a term beginning June 25, 1973, and ending May 15, 1977.

Dr. Calvin Jackson of Meriwether County as a member of the State Medical Education Board for a term beginning June 1, 1973, and ending April 1, 1977.

Dr. J. C. Serrato of Muscogee County as a member of the State Medical Education Board for a term beginning June 1, 1973, and ending April 1, 1977.

Dr. William J. Morton of Grady County as a member of the Composite State Board of Medical Examiners for a term beginning October 31, 1973, and ending September 1, 1977.

Honorable Wade Coleman of Lowndes County as a member of the Board of Natural Resources for a term beginning March 17, 1973, and ending March 16, 1974.

Honorable A. Calhoun Todd, Jr. of Bibb County as a member of the Board of Natural Resources for a term beginning June 1, 1973, and ending March 16, 1976.

Honorable Donald J. Carter of Hall County as a member of the Board of Natural Resources for a term beginning July 18, 1973, and ending March 16, 1980.

Honorable Leonard Foote of Cobb County as a member of the Board of Natural Resources for a term beginning December 31, 1973. and ending March 16, 1980.

Honorable Donald J. Carter of Hall County as a member of the Board of Natural Resources for a term beginning January 1, 1974. and ending January 1, 1981.

Mrs. Mary Izard of Fulton County as a member of the Board of Natural Resources for a term beginning January 1, 1974, and ending January 1, 1981.

Sister M. Antonette of Clarke County as a member of the Board of Examiners of Registered Nurses for Georgia for a term beginning April 27, 1973, and ending September 23, 1975.

488

JOURNAL OF THE SENATE,

Mrs. Rosella Deriso of Sumter County as a member of the Board of Examiners of Registered Nurses for Georgia for a term beginning April 27, 1973, and ending September 23, 1975.

Dr. Harvey Mitchell of Ware County as a member of the Georgia State Board of Nursing Home Administrators for a term beginning September 20, 1973, and ending June 4, 1975.

Honorable Bernard L. Brown, Jr. of Cobb County as a member of the Georgia State Board of Nursing Home Administrators for a term beginning September 20, 1973, and ending December 29, 1973.

Mrs. Mary Lou Marshall of Coweta County as a member of the Georgia State Board of Nursing Home Administrators for a term beginning September 20, 1973, and ending June 4, 1975.

Honorable James Spurlin of Floyd County as a member of the Georgia State Board of Nursing Home Administrators for a term beginning September 20, 1973, and ending June 4, 1975.

Honorable Jimmy Murphy of Emanuel County as a member of the Board of Offender Rehabilitation for a term beginning April 27, 1973, and ending April 6, 1976.

Honorable Joe T. Andrews of Baldwin County as a member of the Board of Offender Rehabilitation for a term beginning May 1. 1973, and ending April 6, 1977.

Dr. B. E. Popham of Polk County as a member of the Georgia State Board of Examiners in Optometry for a term beginning Sep tember 7, 1973, and ending September 6, 1976.

Dr. Walter R. Wilson, Jr. of Coffee County as a member of the Georgia State Board of Examiners in Optometry for a term beginning October 31, 1973, and ending September 6, 1976.

Honorable Zell Bryan Miller of Towns County as a member of the State Board of Pardons and Paroles for a term beginning April 2. 1973, and ending April 2, 1980.

Mrs. Mamie Bynes Reese of Dougherty County as a member of the State Board of Pardons and Paroles for a term beginning May 11, 1973, and ending May 11, 1980.

Honorable Millard S. Kennedy of Webster County as a mem ber of the Georgia Peace Officer Standards and Training Council for a term beginning May 1, 1973, and ending July 1, 1974.

Honorable Jimmy E. Bloodworth of Bibb County as a member of the Georgia Peace Officer Standards and Training Council for a term beginning July 1, 1973, and ending July 1, 1977.

MONDAY, FEBRUARY 4, 1974

489

Honorable Jack Crane of Laurens County as a member of the Georgia Peace Officer Standards and Training Council for a term beginning September 20, 1973, and ending July 1, 1977.

Honorable William A. Atkins of Cobb County as a member of the Georgia State Board of Pharmacy for a term beginning No vember 2, 1973, and ending November 1, 1978.

Ms. Jackie Maiden of Chatham County as a member of the Board of Physical Therapy for a term beginning September 20, 1973, and ending August 30, 1976.

Mrs. Pat Swain Costen of Richmond County as a member of the Board of Physical Therapy for a term beginning September 20, 1973, and ending August 30, 1976.

Dr. Glenn Dowling of Dougherty County as a member of the State Board of Podiatry Examiners for a term beginning May 11, 1973, and ending May 5, 1976.

Dr. E. Dalton McGlamry of DeKalb County as a member of the State Board of Podiatry Examiners for a term beginning May 11, 1973, and ending May 5, 1975.

Honorable Terrell D. Craven of Clarke County as a member of the Board of Polygraph Examiners for a term beginning July 23, 1973, and ending July 15, 1979.

Honorable Lee R. Grogan of Muscogee County as a member of the Georgia Ports Authority for a term beginning June 30, 1973, and ending June 30, 1977.

Honorable Earl Nichols of Decatur County as a member of the Georgia Ports Authority for a term beginning June 30, 1973, and ending June 30, 1977.

Honorable P. E. (Pete) Clifton of Chatham County as a mem ber of the Georgia Ports Authority for a term beginning July 24, 1973, and ending June 30, 1974.

Honorable Steven Van Cleave of Fulton County as a member of the Georgia Board of Private Detective and Private Security Agencies for a term beginning June 11, 1973, and ending June 11, 1976.

Honorable Emmett L. Coleman of Lamar County as a member of the Georgia Board of Private Detective and Private Security Agencies for a term beginning June 11, 1973, and ending June 11, 1977.

Honorable John B. F. Dillon, Jr. of DeKalb County as a member of the Georgia Board of Private Detective and Private Security

490

JOURNAL OP THE SENATE,

Agencies for a term beginning June 11, 1973', and ending June 11, 1976.

Honorable L. Chandler Eavenson of DeKalb County as a mem ber of the Georgia Board of Private Detective and Private Security Agencies for a term beginning June 11, 1973, and ending June 11, 1976.

Honorable Bob Hightower of Cobb County as a member of the Georgia Board of Private Detective and Private Security Agencies for a term beginning June 11, 1973, and ending June 11, 1976.

Honorable J. Ransome "Chief" Holland of Chatham County as a member of the Georgia Board of Private Detective and Private Security Agencies for a term beginning June 11, 1973, and ending June 11, 1976.

Honorable Harry F. Russell, Jr. of DeKalb County as a mem ber of the Georgia Board of Private Detective and Private Security Agencies for a term beginning June 11, 1973, and ending June 11, 1976.

Honorable Jimmy Miller of Cobb County as a member of the Board of Recreation Examiners of the State of Georgia for a term beginning January 10, 1974, and ending April 22, 1976.

Dr. H. Douglas Leavitt of Bulloch County as a member of the Board of Recreation Examiners of the State of Georgia for a term beginning January 10, 1974, and ending April 22, 1976.

Honorable Herbert C. Hawkins of Fulton County as a member of the State Soil and Water Conservation Committee for a term beginning May 11, 1973, and ending January 1, 1977.

Honorable Amon Corn of Forsyth County as a member of the State Soil and Water Conservation Committee for a term be ginning May 11, 1973, and ending January 1, 1977.

Honorable J. Frank Murrah of Stewart County as a member of the State Soil and Water Conservation Committee for a term beginning May 11, 1973, and ending January 1, 1977.

Honorable P. Austin Rheney of Jefferson County as a mem ber of the State Soil and Water Conservation Committee for a term beginning May 11, 1973, and ending January 1, 1977.

Honorable George L. Simpson, Jr. of Fulton County as a mem ber of the Board of Control for Southern Regional Education for a term beginning July 6, 1973, and ending June 30, 1977.
Mrs. Susan Anthony of Gwinnett County as a member of the

MONDAY, FEBRUARY 4, 1974

491

Stone Mountain Memorial Association for a term beginning Sep tember 17, 1973, and ending February 24, 1976.

Honorable Milton Jones of Muscogee County as a member of the Board of Regents of the University System of Georgia for a term beginning December 21, 1973, and ending January 1, 1981.

Honorable Jesse Hill, Jr. of Fulton County as a member of the Board of Regents of the University System of Georgia for a term beginning January 16, 1974, and ending January 1, 1978.

Honorable David Brackett .of Floyd County as a member of the State Board of Registration for Used Car Dealers for a term beginning August 30, 1973 and ending May 20, 1977.

Honorable Robert J. Eubanks of Spalding County as a mem ber of the State Board of Registration for Used Car Dealers for a term beginning August 30, 1973, and ending May 20, 1978.

Honorable Jim Pethel of Hall County as a member of the State Board of Registration for Used Car Dealers for a term beginning August 30, 1973, and ending May 20, 1978.

Honorable George T. Brown of Muscogee County as a member of the State Board of Registration for Dealers in Used Motor Ve hicle Parts for a term beginning June 29, 1973, and ending Janu ary 1, 1977.

Dr. E. D. Davis of Carroll County as a member of the Board of Veterinary Medicine for a term beginning May 1, 1973, and ending September 16, 1977.

Dr. Mary Wilder of Bibb County as a member of the Com mission on the Status of Women for a term beginning July 9, 1973. and serving at the pleasure of the Governor.

Honorable E. Earl Mallard of Walton County as a member of the State Board of Workmen's Compensation for a term beginning July 1, 1973, and ending May 1, 1977.

Honorable Albert D. Crenshaw of Fulton County as a member of the State Board of Workmen's Compensation for a term begin ning July 1, 1973, and ending May 1, 1977.

Honorable Arch Gary of Clayton County as a member of the Executive Board of the Georgia World Congress Center for a term beginning August 2, 1973, and ending May 16, 1974.

Honorable Roy A. Hendricks of Candler County as a member of the State Board of Education for a term beginning January 4, 1974. and ending January 1, 1981.

492

JOURNAL OF THE SENATE,

Honorable W. Asbury Stembridge of Bibb County as a mem ber of the State Board of Education for a term beginning January 4, 1974, and ending January 1, 1981.

Honorable Robert S. Stubbs II of DeKalb County as a mem ber of the Criminal Law Study Committee for a term beginning January 17, 1974, and ending as provided by law.

Honorable J. O. Partain, Jr. of Cobb County as a member of the State Board of Pardons and Paroles for a term beginning January 16, 1974, and ending January 16, 1981.

Honorable Y. A. Henderson, Jr. of Gordon County as a mem ber of the Board of Directors of the Industrial City of Gordon, Murray and Whitfield Counties for a term beginning April 2, 1973, and ending December 31, 1978.

Honorable Reid Merritt of Gwinnett County as a member of the Georgia Crime Information Center for the term of office begin ning January 24, 1973, and ending as provided by law.

Honorable Ben J. Miller of Upson County as a member of the Georgia Crime Information Center for the term of office beginning January 24, 1973, and ending as provided by law.

Honorable W. Marcene Ellis of Schley County as a member of the Georgia Crime Information Center for the term of office begin ning January 24, 1973, and ending as provided by law.

Honorable Ed Johnson of Fulton County as a member of the Georgia Crime Information Center for the term of office beginning January 24, 1973, and ending as provided by law.

Honorable John C. Swearingen, Jr. of Muscogee County as a member of the Georgia Crime Information Center for the term of office beginning January 24, 1973, and ending as provided by law.

Honorable Phil Jones, Sr. of Sumter County as a member of the Georgia Crime Information Center for the term of office be ginning January 24, 1973, and ending as provided by law.

Honorable George Ward of Elbert County as a member of the Georgia Crime Information Center for the term of office beginning January 24, 1973, and ending as provided by law.

Honorable James Beck of Lowndes County as a member of the Georgia Crime Information Center for the term of office beginning January 24, 1973, and ending as provided by law.

Ms. Phyllis Farrell of Chatham County as a member of the Georgia Crime Information Center for the term of office beginning January 24, 1973, and ending as provided by law.

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493

Honorable Jim E. Higdon of Cobb County as a member of the Georgia Crime Information Center for the term of office beginning January 24, 1973, and ending as provided by law.

Mrs. Barbara Blum of Fulton County as a member of the Vital Areas Council for the term of office beginning June 21, 1973, and ending as provided by law.

Honorable James T. Mclntyre, Jr., Director of the Office of Planning and Budget as a member of the Vital Areas Council for the term of office beginning June 21, 1973, and ending as provided by law.

Honorable Joe D. Tanner of DeKalb County as a member of the Vital Areas Council for a term beginning June 21, 1973, and ending as provided by law.

Honorable James A. Mankin of Spalding County as a member of the Board of Natural Resources for a term beginning January 18, 1974, and ending January 1, 1978.

Dr. Herman Westmoreland of Bibb County as a member of the Board of Veterinary Medicine for a term beginning January 10, 1974, and ending September 16, 1978.

Honorable James D. Cone of DeKalb County as a member of the Board of Natural Resources for a term beginning June 1, 1973, and ending March 16, 1978.

Honorable Hugh P. Thompson of Baldwin County as Judge of the County Court of Baldwin County for a term beginning September 19, 1973, and ending September 3, 1977.

Honorable H. Arthur McLane of Lowndes County as Judge of the State Court of Lowndes County for a term beginning January 1, 1974, and ending January 1, 1977.

Honorable Walter W. Hays of Miller County as Judge of the State Court of Miller County for a term beginning January 3, 1974, and ending January 1, 1977.

Honorable John R. Thompson of Emanuel County as Solicitor of the State Court of Emanuel County for a term beginning Janu ary 21, 1974, and ending January 1, 1977.

Honorable Edward S. "Red" Burruss of Cobb County as a member of the Board of Public Safety for a term beginning Janu ary 20, 1974, and ending January 20, 1977.

Honorable Charles Hill of Union County as a member of the Board of Offender Rehabilitation for a term beginning January 25, 1974, and ending April 6, 1974.

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Honorable Albert K. Mclnnis, Jr. of Glynn County as a member of the State Building Administrative Board for a term beginning September 20, 1973, and ending September 20, 1977.

Dr. Carlton Hicks of Glynn County as a member of the Board of Directors of the Georgia Higher Education Assistance Corpora tion for a term beginning May 11, 1973, and ending March 15, 1978.

Honorable Reid Merritt of Gwinnett County as a member of the Advisory Council for the Georgia Crime Information Center for a term beginning January 24, 1974, and ending as provided by law.

Honorable Ben J. Miller of Upson County as a member of the Advisory Council for the Georgia Crime Information Center for a term beginning January 24, 1974, and ending as provided by law.

Honorable W. Marcene Ellis of Schley County as a member of the Advisory Council for the Georgia Crime Information Center for a term beginning January 24, 1974, and ending as provided by law.

Honorable Ed Johnson of Fulton County as a member of the Advisory Council for the Georgia Crime Information Center for a term beginning January 24, 1974, and ending as provided by law.

Honorable John C. Swearingen, Jr. of Muscogee County as a member of the Advisory Council for the Georgia Crime Informa tion Center for a term beginning January 24, 1974, and ending as provided by law.

Honorable Phil Jones, Sr. of Sumter County as a member of the Advisory Council for the Georgia Crime Information Center for a term beginning January 24, 1974, and ending as provided by law.

Honorable George Ward of Elbert County as a member of the Advisory Council for the Georgia Crime Information Center for a term beginning January 24, 1974, and ending as provided by law.

Honorable James Beck of Lowndes County as a member of the Advisory Council for the Georgia Crime Information Center for a term beginning January 24, 1974, and ending as provided by law.

Ms. Phyllis Farrell of Chatham County as a member of the Advisory Council for the Georgia Crime Information Center for a term beginning January 24, 1974, and ending as provided by law.

Honorable Jim E. Higdon of Cobb County as a member of the Advisory Council for the Georgia Crime Information Center for a term beginning January 24, 1974, and ending as provided by law.

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495

Mrs. Barbara Blum of Fulton County as a member of the Vital Areas Council for the term of office beginning June 21, 1973, and ending as provided by law.

Honorable James T. Mclntyre, Jr., of Fulton County as a mem ber of the Vital Areas Council for the term of office beginning June 21, 1973, and ending as provided by law.

Honorable Henry E. Williams of Camden County as a member of the State Forestry Commission for a term beginning January 24, 1974, and ending January 1, 1981.

Honorable James C. Durden of Glynn County as a member of the Georgia State Board of Funeral Service for a term beginning May 11, 1973, and ending February 13, 1976.

Honorable Henry E. Williams of Camden County as a member of the Charles H. Herty Foundation for a term beginning October 31, 1973, and ending February 19, 1978.

Dr. Robert A. Pumpelly of Wayne County as a member of the Composite State Board of Medical Examiners for a term beginning October 23, 1973, and ending September 1, 1977.

Honorable Carey E. Jones of Wayne County as a member of the Georgia State Board of Pharmacy for a term beginning October 4, 1973, and ending November 1, 1974.

Honorable James A. Bishop of Glynn County as a member of the Board of Regents of the University System of Georgia for a term beginning January 4, 1974, and ending January 1, 1981.

Mrs. Drucilla A. Crawford of Muscogee County as a member of the Georgia State Board of Cosmetology for a term beginning January 31, 1974, and ending May 1, 1976.

JC:whc

Sincerely, /s/ Jimmy Carter

The President resumed the Chair.

The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:
SB 516. By Senator Coggin of the 35th: A bill to amend an Act comprehensively and exhaustively revising,

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superseding and modernizing pretrial, trial and certain post trial pro cedures in civil cases, approved March 18, 1966, as amended, so as to provide that a motion to set aside shall lie to attack a judgment based upon a lack of jurisdiction over the person or subject matter, regardless of whether such lack of jurisdiction appears upon the face of the record or pleadings.

The Committee on Special Judiciary offered the following amendment:
Amend SB 516 by striking Section "d" and substituting in lieu thereof a new subsection "d" to read as follows:
"(d) Motion to set aside. A motion to set aside must be predi cated upon some nonamendable defect which does appear upon the fall of the record or pleadings, or a motion to set aside shall also lie to attack a judgment based upon lack of jurisdiction over the person or subject matter, regardless of whether such lack of juris diction appears upon the face of the record of pleadings. To be sub ject to motion to set aside, it is not sufficient that the complaint or other pleading fail to state a claim upon which relief can be granted, but the pleadings must affirmatively show that no claim in fact existed."

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

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Broun of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan

Eldridge Fincher Garrard Gillis Henderson Herndon Hill Holley Holloway Howard Hudgins Johnson Kennedy

Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Salter Skene

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497

Smalley Smith Starr Stephens Summers

Sutton Thompson Tysinger Ward Warren

Wasden W<;bb Young Zipperer

Those not voting were Senators:

Hamilton

Jackson

Rowan

On the passage of the bill, the ayes were 53, nays 0.

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

Senator Hill of the 29th introduced as Doctor of the Day, Dr. Kathryn Hoffman.

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

SB 498. By Senators Gillis of the 20th, Holley of the 22nd and Zipperer of ' the 3rd:
A bill to amend Code Section 84-722, relating to dental college clinics, as amended by an Act approved Feb. 25, 1949 (Ga. Laws 1949, p. 1367), so as to provide that nothing in Code Chapter 84-7 shall pro hibit regularly chartered dental colleges or dental departments of reputable colleges and universities from maintaining college clinics under the supervision of registered demonstrators.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th

Brown of 47th Carter Cleland

Coggin Coverdell Cox

498
Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Holley Holloway Howard Jackson Johnson

JOURNAL OF THE SENATE,

Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter Skene

Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Hudgins.

Those not voting were Senators Barker and Hill.

On the passage of the bill, the ayes were 53, nays 1.

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

SB 544. By Senator Carter of the 14th:
A bill to provide that it shall be illegal for any person to alter, modify or change in any manner whatsoever the serial number of any fire arm, and to amend an Act to prohibit possession of certain types of firearms, dangerous weapons and silencers, approved Apr. 8, 1968 (Ga. Laws 1968, p. 983), as amended, so as to provide that it shall be illegal to possess any firearm wherein the serial number has been modified or altered or changed in any manner whatsoever.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Cleland Coggin Coverdell

MONDAY, FEBRUARY 4, 1974

499

Cox Dean Doss Duncan Eldridge Fincher Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson

Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter

Skene Smalley Smith Starr Stephens Button Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Garrard

Gillis

Summers

On the passage of the bill, the ayes were 53, nays 0.

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

Senator Coggin of the 35th assumed the Chair.

SB 565. By Senators Gillis of the 20th, Cox of the 21st and Holley of the 22nd:
A bill to amend Code Section 39-1201, relating to the time, place and manner of holding public sales of property under execution, as amended, so as to provide for alternative days on which such public sales shall be conducted under certain circumstances; to amend an Act prescrib ing the time within which public sales shall be held, approved April 9, 1963, so as to change the provisions relating to the time within which such public sales shall be held.

The Committee on Special Judiciary offered the following amendment:
Amend SB 565 by striking on Page 1, line 22, and on Page 2, line 7, the word, "Wednesday" and substituting in lieu thereof the words, "the first day not a legal holiday".

On the adoption of the amendment, the ayes were 37, 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, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard
Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Howard Hudgins Jackson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Coggins (presiding) Holloway

Johnson

London

On the passage of the bill, the ayes were 52, nays 0.

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

SB 482. By Senator Starr of the 44th:
A bill to amend an Act which comprehensively and exhaustively re vises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners, approved Feb. 20, 1956, as amended, so as to require the Commissioner of Offender Rehabilitation to transfer within a certain number of days any person convicted and sentenced to serve time in any State penal institution when no appeal or motion for a new trial is filed.

MONDAY, FEBRUARY 4, 1974

501

Senator Starr of the 44th offered the following amendment: Amend SB 482 by

(1) deleting on Page 2, line 18, the word "shall" and inserting in lieu thereof the word "may";

(2) inserting on Page 2, line 19, between the words "of" and "thirty", the words "no longer than";

(3) deleting on Page 1, beginning on line 10 and ending on line 14, the following "to provide that the Department of Offender Rehabilitation shall reimburse the county for the cost of incar cerating any person convicted and sentenced to serve time in any State penal institution";

(4) deleting on Page 2, beginning on line 22 and ending on line 27 the following sentence: "While the prisoner is incarcerated in the county jail, as provided herein, the Department of Offender Rehabilitation shall reimburse the county for the cost of such in carceration upon such terms and conditions as may be agreed upon by the Department and the county."

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, was agreed to as amended.

On the passage of the bill, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Dean Doss Duncan Eldridge Pincher Garrard Gillis
Hamilton

Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Kennedy Kidd Lester London McDuffie McGill Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

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Those voting in the negative were Senators:

Johnson Langford

Moore Overby

Parker Ward

Not voting was Senator Coggin of the 35th, who was presiding.

On the passage of the bill, the ayes were 49, nays 6.

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

Senator Johnson of the 38th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 482.

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 1277. By Mr. Toles of the 16th:
A bill.to provide for the use of deaf sign language interpreters in cer tain administrative and judicial proceedings; to provide for the taking of an oath.

HB 954. By Messrs. Berlin of the 89th and Noble of the 48th:
A bill to amend the "Georgia Post Mortem Examination Act", as amended, so as to provide witness fees for peace officers appearing at coroner's inquests; to repeal conflicting laws.

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

SB 539. By Senators London of the 50th and Overby of the 49th:
A bill to amend an Act fixing the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. Laws 1957, p. 273), as amended,

MONDAY, FEBRUARY 4, 1974

503

so as to provide Social Security coverage under the Federal Old Age and Survivors Insurance System to secretaries of superior court judges and district attorneys; to provide for the payment of employer con tributions.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Cox Dean Doss Duncan Eldridge Fincher Garrard
Gillis Hamilton

Henderson Herndon Hill Holley Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Ward Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Coverdell Holloway

Howard Tysinger

Warren

Not voting was Senator Hudgins of the 15th. On the passage of the bill, the ayes were 50, nays 5. The bill, having received the requisite constitutional majority, was passed. SB 540. By Senators London of the 50th and Overby of the 49th:
A bill to amend an Act providing for certain assistant district attorneys

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in certain judicial circuits, approved March 24, 1970 (Ga. Laws 1970, p. 716), so as to provide Social Security coverage under the Federal Old Age and Survivors Insurance System to assistant district attorneys; to provide for the payment of employer contributions.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Starr Stephens Summers Sutton Thompson Ward Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Coverdell Holloway

Smith Tysinger

Warren

Not voting was Senator Hill of the 29th.

On the passage of the bill, the ayes were 50, nays 5.

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

The following bill of the Senate, having been defeated on January 31 and re considered on February 1, was put upon its passage.

MONDAY, FEBRUARY 4, 1974

505

SB 548. By Senators London of the 50th and Overby of the 49th:
A bill to provide an opportunity for each member municipality and each member county to review and comment on certain contracts entered into by APDC's; to prohibit APDC's from entering into certain contracts; to require each APDC to prepare a comprehensive annual budget, and forward a copy of same each year to member municipalities and member counties.

The following Committee on Economy, Reorganization and Efficiency in Government amendment was adopted by the Senate on January 31:
Amend SB 548 by striking on Page 1, line 13, the word, symbols and figure "thirty (30)", and inserting in lieu thereof the word, symbols and figure "ten (10)".
By striking on Page 2, line 8, the word, symbols and figure "thirty (30)", and inserting in lieu thereof the word, symbols and figure "ten (10)".
By striking on Page 2, line 27, the word, symbols and figure "thirty (30)", and inserting in lieu thereof the word, symbols and figure "ten (10)".

Senator Holloway of the 12th offered the following amendment:
Amend SB 548 by striking everything on lines 5 through 8 on Page one and substituting in lieu thereof the following:
"so as to prohibit Area Planning and Development".
By striking everything on lines 2 through 10 on Page two and substituting in lieu thereof the following:
"its duties and functions; provided that an Area Planning and Development Commission".

On the adoption of the amendment, the ayes were 44, 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 President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton Henderson

Herndon Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Smith
Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Fincher Hill

Langford

Lester

All Senators were voting.

On the passage of the bill, the ayes were 52, nays 4.
The bill, having received the requisite constitutional majority, was passed as amended.

The following uncontested, local constitutional amendments, favorably re ported by the committee, were read the third time and put upon their adoption:

HR 30. By Messrs. Lane of the 40th, Adams of the 36th, Savage of the 30th and Stephens of the 37th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $10,000.00 from all Fulton County and Fulton County school ad valorem taxes for residents of Fulton County who are 65 years of age or over or disabled and who have a net income not ex ceeding $8,000.00 for the immediately preceding taxable year; to provide

MONDAY, FEBRUARY 4, 1974

507

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 para graph:

"Any other provisions of this Constitution to the contrary not withstanding, each resident of Fulton County who is sixty-five (65) years of age or over or who is disabled is hereby granted an exemp tion from all Fulton County and Fulton County school ad valorem taxes in the amount of $10,000.00 on a homestead owned and occu pied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such home stead, as net income is defined by Georgia law, from all sources, including benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, but not including any federal old-age, survivor or disability insurance benefits, does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemp tion provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Geor gia, as now or hereafter amended, certifying that in the opinion of such physician, or physicians, such person is mentally or phys ically incapacitated to the extent that such person in unable to be gainfully employed and that such incapacity is likely to be perma nent. Any such owner shall not receive the benefits of such home stead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of Fulton County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional informa tion relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Com missioner shall provide affidavit forms for this purpose. Such ap plications shall be processed in the same manner as other applica tions for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate there after for any year and the same exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, how ever, to notify the Tax Commissioner in the event he becomes in eligible for any reason for the exemption provided in this para-

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graph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974."

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 a homestead exemption of $10,000.00 from all Fulton
( ) NO County school ad valorem taxes for residents of Fulton County who are 65 years of age or older or disabled and who have a net income not exceeding $8,000.00 for the immediately preceding taxable year?"

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 reso lution, was agreed to.

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox
Dean Doss Duncan Eldridge

Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard
Hudgins Jackson Johnson Kennedy

Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds
Riley Rowan Salter Skene

MONDAY, FEBRUARY 4, 1974

509

Smalley Smith Starr Stephens Summers

Sutton Thompson Tysinger Ward Warren

Wasden Webb Young Zipperer

All Senators were voting.

On the adoption of the resolution, the ayes were 56, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 451. By Messrs. Pearce of the 87th, Berry of the 86th, Davis of the 85th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Muscogee County School District who is 62 years of age or over and has a limited income shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school 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 I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The homestead of each resident of the Muscogee County School District who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $6,000 per annum, is hereby exempt from all ad valorem taxation for educa tional purposes levied for and in behalf of such school system, in cluding taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the tax commissioner of the consolidated government of the City of Columbus and Muscogee County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such additional information relative to receiving the benefits of the exemption granted by this Act as will enable the tax commissioner to make a determination as to whether such owner is entitled to said exemp tion. The tax commissioner shall provide affidavit forms for this

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purpose. The exemption 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 of such owners as a residence, and one or more such title holders possess the qualifications provided for in this paragraph. In such instances, 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 ex emptions 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 possess the qualifications provided for herein and shall claim the exemp tions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years begin ning after December 31, 1974."

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 the homestead of each resident of the Muscogee
( ) NO County School District who is 62 years of age or over and has a limited income shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The 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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Cleland Coggin Coverdell

MONDAY, FEBRUARY 4, 1974

511

Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins

Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter

Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

All Senators were voting.

On the adoption of the resolution, the ayes were 56, nays 0.

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

HR 452. By Messrs. Pearce of the 87th, Berry of the 86th, Adams of the 84th and others:
A RESOLUTION
. Proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Muscogee County School District shall be granted a $2,000 homestead exemption from ad valorem taxation for school 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 VIII, Section VII of the Constitution, as amended, particularly by an amendment to said Section, proposed by a Resolution, approved March 28, 1947 (Ga. Laws 1947, p. 1768), and rati fied in the General Election of 1948, is hereby amended by striking from Paragraph II the following:
"Property taxed for support of said school system shall not be subject to the privileges of the homestead exemption provided by Article VII, Section I, Paragraph IV, of this Constitution",
and inserting in lieu thereof the following:

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"The $2,000 homestead exemption granted by the provisions of Article VII, Section I, Paragraph IV of this Constitution shall ex tend to the homestead of each resident of the Muscogee County School District."

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 the homestead of each resident of the Muscogee
( ) NO County School District shall be granted a $2,000 homestead exemption from ad valorem taxation for school purposes?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher

Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford

Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter Skene Smalley Smith Starr

MONDAY, FEBRUARY 4, 1974

513

Stephens Summers Sutton Thompson

Tysinger Ward Warren Wasden

Webb Young Zipperer

All Senators were voting.

On the adoption of the resolution, the ayes were 56, nays 0.

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

HR 469. By Mr. Walker of the 100th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Macon County to impose a county registration fee on each motor vehicle registered in said County and to use the pro ceeds of such fee for the payment of obligations incurred in connection with the construction of a countywide general hospital and related fa cilities; 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:
"The governing authority of Macon County is hereby authorized to adopt an appropriate resolution or ordinance providing for the levy and collection of an annual county registration fee on each vehicle registration in said County, but said annual County registra tion fee shall not exceed $12.00. Said resolution or ordinance adopted pursuant to the authority herein granted shall further provide that the proceeds of such annual registration fee, or any portion thereof, shall be used for the payment of obligations of any type incurred in connection with the construction and/or operation of a countywide general hospital and related facilities in such manner and pursuant to such terms and conditions as said resolution or ordinance shall provide."
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.

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

"( ) YES Shall the Constitution be amended so as to authorize governing authority of Macon County to impose a
( ) NO county registration fee on each vehicle registration in said County and to use the proceeds of such fee for the payment of obligations incurred in connection with the construction and/or operation of a countywide gen eral hospital and related facilities?"

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 amend ment:
Amend HR 469 by inserting in the title, in line 6 on Page 1, between the word "construction" and the word "of" the following:
"and/or operation".

On the adoption of the amendment, the ayes were 56, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin

Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard

Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard

Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore

MONDAY, FEBRUARY 4, 1974

515

Overby Parker Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens

Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

All Senators were voting.

On the adoption of the resolution, the ayes were 56, nays 0.

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

HR 493. By Messrs. Gignilliat of the 105th, Jones of the 109th, Triplett of the lllth and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize an increase in retirement benefits of persons retired under the retirement system of the Board of Public Education for the City of Savannah and the County of Chatham; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, the Board of Public Education for the City of Savan nah and the County of Chatham is hereby authorized to provide from time to time for an increase in retirement benefits of those persons who have retired under the provisions of the retirement system of said Board of Public Education, as well as those employees covered by said system who may retire in the future. Any funds available to said Board of Public Education may be utilized 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, Para-

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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 an increase in retirement benefits of persons retired under
( ) NO the retirement system of the Board of Public Education for the City of Savannah and the County of Chat ham?"

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

All Senators were voting.

MONDAY, FEBRUARY 4, 1974

517

On the adoption of the resolution, the ayes were 56, nays 0.

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

HR 501. By Mr. Brantley of the 92nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the membership of the Bryan County Industrial 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 V of the Constitu tion, as amended by an amendment creating the Bryan County Industrial Development Authority, ratified at the general election in 1968 and found in Georgia Laws 1968, page 1680, is hereby amended by striking from the aforesaid 1968 amendment the following:
"B. The Authority shall be composed of seven members, one of whom shall be the member of the House of Representatives of Georgia whose Representative District includes Bryan County, and six of whom shall be residents of Bryan County appointed by the governing authority of Bryan County and said member of the House of Representatives of Georgia. The first members of the Authority shall take office on January 1, 1969. The members of the Authority shall serve for terms of office concurrent with the terms of office of the members of the governing authority of Bryan County, except the member of the House of Representatives who is a member of said Authority shall serve for a term concurrent with his term in the House of Representatives and shall serve from term to term as long as he remains a member of the House of Representatives. In the event vacancy occurs in the membership of the Authority by death, resignation or otherwise, the appointing authority shall fill the same, but in the event the vacancy occurs in the member's office who is a member of the House of Representatives, then his suc cessor in office shall fill such vacancy. Before assuming their duties of office, each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Authority.",
and inserting in lieu thereof the following:
"B. The Authority shall be composed of seven members, all of whom shall be residents of Bryan County, to be appointed by the governing authority of Bryan County. The first members of the

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Authority shall take office on January 1, 1969, and shall serve for terms of office concurrent with the terms of office of the members of the governing authority of Bryan County. The one member to be appointed by the governing authority under this 1974 amendment shall be appointed and shall take office January 1, 1975. In the event a vacancy occurs in the membership of the Authority, the governing authority shall appoint a person to serve the unexpired term. Prior to taking office each member shall take an oath before an officer duly authorized to administer oaths that he will truly and faithfully perform the duties of a member 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 change the ( ) NO membership of the Bryan County Industrial Develop ment Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against 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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard

Barker

Bell

,

Broun of 46th

Brown of 47th

Carter

Cleland

Coggin

Coverdell

Cox

Dean

Doss

Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard

Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

MONDAY, FEBRUARY 4, 1974

519

Parker Reynolds Riley Rowan S alter Skene Smalley

Smith Starr Stephens Summers Sutton Thompson Tysinger

Ward Warren Wasden Webb Young Zipperer

All Senators were voting. On the adoption of the resolution, the ayes were 56, nays 0.

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

The following general bill and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

SB 533. By Senators McGill of the 24th, Holloway of the 12th, Broun of the 46th and others:
A bill to provide for the procedure relative to the compensation, ex penses, mileage and allowances for the Secretary of the Senate.

The Committee on Appropriations offered the following substitute to SB 533:
A BILL
To be entitled an Act to provide for the procedure relative to the compensation, expenses, mileage and allowances for the Secretary of the Senate and the Clerk of the House of Representatives; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Any other provisions of law to the contrary notwith standing, the Secretary of the Senate shall receive such compensation, expenses, mileage and allowances as shall be provided by resolution of the Senate, and the Clerk of the House of Representatives shall receive such compensation, expenses, mileage and allowances as shall be provided by resolution of the House of Representatives.
Section 2. This Act shall become effective January 13, 1975.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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On the adoption of the substitute, the ayes were 46, nays 0, and the committee substitute was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

Riley Rowan Salter Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Dean Doss

Langford Reynolds

Skene

On the passage of the bill, the ayes were 51, nays 0.

The bill, having received the requisite constitutional majority was passed by substitute.
HR 363. By Mr. Greer of the 43rd: A resolution relative to the National Direct (Defense) Student Loan Program.

MONDAY, FEBRUARY 4, 1974

521

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

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Doss Langford

Skene

Young

On the adoption of the resolution, the ayes were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
The President announced the Senate would stand in recess from 12:10 o'colck P.M. until 1:30 o'clock P.M.
The President called the Senate to order at 1:30 o'clock P.M.

The following general bills of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:

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HB 1309. By Messrs. Johnson, Lee, Bailey and Northcutt of the 68th:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen.

The Committee on Business, Trade and Commerce offered the following amendment:
Amend HB 1309 by striking on Page 1, line 4, the word "thirty", and substituting in lieu thereof the word "twenty-four".
By striking on Page 2, line 10, the word "thirty", and substituting in lieu thereof the word "twenty-four".
On the adoption of the amendment, the ayes were 3'8, nays 2, and the amend ment was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th
Carter Coggin Coverdell Cox Doss Duncan Garrard Gillis Hamilton Henderson Holloway

Howard Hudgins Jackson Kennedy Kidd Langford London McDuffie McGill Moore Overby Parker Riley Salter

Skene Smalley Smith Starr Stephens Summer Thompson Tysinger Warren Webb Young Zipperer

Those voting in the negative were Senators:

Ballard Brown of 47th
Dean Eldridge

Herndon Johnson Reynolds Roman

Sutton Ward Wasden

MONDAY, FEBRUARY 4, 1974

523

Those not voting were Senators:

Cleland Fincher

Hill Holley

Lester

On the passage of the bill, the ayes were 40, nays 11.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Gillis of the 20th resumed the Chair.

SB 496. By Senator Coggin of the 35th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", approved Apr. 6, 1972 (Ga. Laws 1972, p. 1015), as amended, so as to create the Georgia Bureau of Investigation; to provide for the transfer of the State Crime Laboratory and its functions to the Georgia Bureau of Investigation; to provide for the transfer of the functions of the Division of Investigation to the Georgia Bureau of Investigation.

The Committee on Special Judiciary offered the following substitute to SB 496:
A BILL
To be entitled an Act to amend an Act known as the "Executive Re organization Act of 1972", approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, so as to create the Georgia Bureau of Investigation as a separate department and agency of State Government; to provide for the transfer of the State Crime Laboratory and its functions to the Georgia Bureau of Investigation; to provide for the transfer of the func tions of the Division of Investigation to the Georgia Bureau of Investi gation; to provide for merit system coverage; to provide for retirement benefits and the continuation of retirement benefits; 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 GEORGIA:
Section 1. An Act known as the "Executive Reorganization Act of 1972", approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, is hereby amended by striking Sections 1608, 1608.1 and 1608.2 of Chapter 16 in their entirety.
Section 2. Said Act is further amended by renumbering Chapter 25 and Sections 2501 and 2502 as Chapter 26 and Sections 2601 and 2602, respectively, and by inserting a new Chapter 25, to read as follows:

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"Chapter 25. Georgia Bureau of Investigation.

Section 2501. Georgia Bureau of Investigation--created. There is hereby created a Georgia Bureau of Investigation, which shall be a separate department and agency of State Government.

Section 2502. Commissioner of Investigation--created. There is hereby created the position of Commissioner of Investigation. The Commissioner shall be the chief administrative officer and shall be both appointed and removed by the Board with the approval of the Governor. Except as otherwise provided by this Act, and subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer and execute the functions vested in the Bureau by this Act.

Section 2503. Compensation of the Commissioner. The Com missioner of Investigation shall be in the unclassified service, and his compensation shall be fixed by the Board of Public Safety.

Section 2504. Authorization to enter into agreements with the Department of Public Safety. The Commissioner of Investigation and the Commissioner of Public Safety are hereby authorized to enter into agreements, subject to approval of the Board of Public Safety, for the provision of such services, material, or combination thereof as may be useful in the performance of the official duties of the Bureau or the Department.

Section 2505. Bureau of Investigation--functions transferred. All of the functions of the Bureau of Investigation, provided for in an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, pp. 322, 340), except the policy-making functions transferred to the Board of Public Safety by Section 1609 of the Executive Reorganization Act of 1972, are hereby transferred to the Georgia Bureau of Investigation created by this Act. All of the functions of the Division of Investigation provided for in the Executive Reorganization Act of 1972 in which the Division of In vestigation was created, except the policy-making functions trans ferred to the Board of Public Safety by Section 1609 of the Execu tive Reorganization Act of 1972, are transferred to the Georgia Bureau of Investigation created in this Act. Unless inconsistent with this Act, any reference in Georgia laws to the Bureau of Investiga tion or the Division of Investigation means the Georgia Bureau of Investigation created in this Act.

Section 2506. Additional functions transferred to Bureau. The functions assigned to the State Crime Laboratory by an Act known as the 'Georgia Post Mortem Examination Act", approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 602), as amended, except the policy-making functions transferred to the Board of Public Safety by Section 1609 of the Executive Reorganization Act of 1972, are transferred to the Georgia Bureau of Investigation. The functions assigned to the Georgia Crime Information Center by an Act providing for the establishment of the Georgia Crime Informa tion Center, approved April 19, 1973 (Ga. Laws 1973, p. 1301), ex-

MONDAY, FEBRUARY 4, 1974

525

cept the policy-making functions transferred to the Board of Public Safety by Section 1609 of the Executive Reorganization Act of 1972, are transferred to the Georgia Bureau of Investigation. Unless in consistent with this Act, any reference in Georgia laws to the State Crime Laboratory or the Georgia Crime Information Center means the Georgia Bureau of Investigation created by this Act.

Section 2507. Agents under merit system. All agents of the Georgia Bureau of Investigation shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure and other employment standards as may now or hereafter be estab lished under such merit system controls as may be authorized by an Act completely and exhaustively revising, superseding and con solidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 10, 1971 (Ga. Laws 1971, p. 45). No agent shall be compensated at a lesser initial salary than the salary the agent was earning on the date of this Section becomes law. The provisions of this Section shall not apply to special contract investigators provided for in an Act establishing the qualifications for agents of the Division of Investigation, approved February 25, 1949 (Ga. Laws 1949, p. 1177), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 544). The Georgia Bureau of Investigation shall pay a pro rata share of the administrative costs of operating the State Merit System of Personnel Administration in the manner prescribed by law.

Section 2508. Function transferred to Board. All policy-making functions relating to the Georgia Bureau of Investigation which have not already been transferred to the Board of Public Safety, are hereby transferred to said Board.

Section 2509. Retirement benefits. All personnel and the Com missioner of the Georgia Bureau of Investigation are hereby autho rized to be members of the Employees' Retirement System of Georgia, as established by an Act approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended. All rights, credits and funds in said retirement system which are possessed by any personnel of the Georgia Bureau of Investigation, including the Commissioner, at the time of employment in said Bureau are hereby continued, and it is the intention of the General Assembly that any such personnel and the Commissioner shall not lose any rights, credits or funds to which they were entitled prior to being employed with the Georgia Bureau of Investigation. The provisions of this Section shall not apply to special contract investigators provided for in an Act estab
lishing the qualifications for agents of the Division of Investigation,
approved February 25, 1949 (Ga. Laws 1949, p. 1177), as amended,
particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p.
544)."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Holloway of the 12th offered the following amendment: Amend the committee substitute to SB 496 by striking the word "Commissioner"
wherever it appears on lines 3, 5, 10, 13 and 14 of Page 2, on line 30 of Page 4, and on lines 4 and 7 of Page 5, and by inserting in lieu thereof the word
"Director"; and by striking on line 19 of Page 2 the words
"Commissioner of Investigation" and inserting in lieu thereof the words
"Director of Investigation".

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the ayes were 42, 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, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox Dean Doss Duncan

Fincher Garrard Hamilton Henderson Herndon Holloway

Howard Hudgins Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore

MONDAY, FEBRUARY 4, 1974

527

Overby Parker Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens

Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Eldridge.

Those not voting were Senators:

Cleland Gillis (presiding)

Hill Holley

Jackson

On the passage of the bill, the ayes were 50, nays 1.

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

The following general bill of the House, favorably reported by the committee, and recommitted on January 14, 1974, was favorably reported by the committee, read the third time and put upon its passage.

HB 138. By Mr. Murphy of the 18th:
A bill to amend an Act to fix the salaries of the judges of the superior courts, so as to provide that all State-paid employees of the judges and district attorneys of the superior courts of this State shall be subject to a merit system of employment.

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JOURNAL OP THE SENATE,

The following fiscal letter, as required by law, was read by the Secretary:

STATE OF GEORGIA Department of Audits
115 State Capitol Atlanta, Georgia 30334
January 22, 1973

MEMORANDUM

TO:

The Honorable Thomas Buck, III

Chairman, House Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note--House Bill 138

This Bill amends the Employees' Retirement System to allow all State paid employees of the Judges and District Attorneys of the Su perior Courts to become members of the State Employees' Retirement System. This law further provides that the State contributions shall be paid from the funds appropriated for the operations of the Superior Courts.

It is my understanding that there are approximately 120 secretaries involved at an annual salary of approximately $6,000 and currently 38 Assistant District Attorneys at an annual salary of approximtely $12,500 each. This amounts to a total payroll of approximately $1,200,000 and the employer State Retirement System contribution would amount to $90,000 per year which is 7%% of the payroll and the Social Security contributions would amount to approximately $67,000 per year based on the current rate of 5.85% on the first $10,800. This is a total State con tribution of about $157,000 per year and of course this figure would in crease each year as salaries are increased, and as employer, Social Security contributions are increased.

The payroll of these employees also includes the Judges and Districts Attorneys and same are reportable on the Trial Judge Retirement Fund which has an employee contribution of 10% and an employer contribution of 10%. The Employees' Retirement System has a contribution of 3'%% on the first #350 monthly salary and 5%% on the excess and the em ployer contributions amounts to 7%%. From this you can also readily see that there would be some administrative problem as far as reporting to the Retirement System by the fiscal agency.
Is/ Ernest B. Davis State Auditor
/s/ James T. Mclntyre, State Planning & Budget

Senator London of the 50th moved that HB 138 be committed to the Commit tee on Retirement.

MONDAY, FEBRUARY 4, 1974

529

On the motion, the ayes were 36, nays 5; the motion prevailed, and HB 138 was committed to the Committee on Retirement.

The following general bills of the House, favorably reported by the commit tee, were read the third time and put upon their passage:

HB 1400. By Messrs. Edwards of the 95th, Bray of the 66th and Adams of the 84th:
A bill to provide for the payment to the district attorney of the Chattahoochee Judicial Circuit from the funds of certain counties located with in said circuit supplementary salaries to said district attorney.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Cover dell Cox Dean Doss Duncan Eldridge Pincher Garrard Gillis Hamilton Henderson

Herndon Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Hill

Rowan

Salter

On the passage of the bill, the ayes were 52, nays 0.

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

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JOURNAL OF THE SENATE,

HB 1374. By Mr. Harris of the 51st:
A bill to amend Code Chapter 26-25, relating to crimes involving obstruc tion of law enforcement so as to provide that it shall be unlawful for any person to tamper with evidence or plant false evidence with intent to prevent the apprehension or obstruct the prosecution or defense of any person.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox
Dean
Doss
Duncan
Eldridge
Garrard
Gillis
Hamilton
Henderson

Herndon Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd
Langford
Lester
London
McDuffie
McGill
Moore
Overby
Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens
Sutton
Thompson
Tysinger
Ward
Warren
Wasden
Young
Zipperer

Those not voting were Senators:

Cleland Fincher

Hill Summers

Webb

On the passage of the bill, the ayes were 51, nays 0.

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

MONDAY, FEBRUARY 4, 1974

531

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

HB 954. By Mr. Berlin of the 89th:
A bill to amend the "Georgia Post Mortem Examination Act", so as to provide witness fees for peace officers appearing at coroner's inquests.
Referred to Committee on Judiciary.

HB 1277. By Mr. Toles of the 16th:
A bill to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to provide for the taking of an oath.
Referred to Committee on Judiciary.

The following resolutions of the Senate were read and adopted:

SR 331. By Senator Kennedy of the 4th:
A resolution inviting Coach Ron Polk and the Eagles Baseball Team of Georgia Southern College to attend a session of the Senate.

SR 332. By Senator Wasden of the 2nd: A resolution commending the Forest City Gun Club and its members.

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.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Tuesday, February 5, 1974

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 pro ceedings had been read and found correct.

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

The 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 1238. By Mr. Harris of the 51st:
A bill to amend an Act known as the "Apartment Ownership Act", so as to change the provision relating to the contents of deeds or subleases conveying apartments.

HB 1286. By Mr. Harris of the 51st:
A bill to amend an Act approved March 29, 1973, known as the "Unem ployment Compensation Law", so as to provide certain penalties for non payment of contributions due.

HB 1463. By Mr. Groover of the 75th:
A bill to amend Code Section 92-2902, relating to annual fees for oper ating motor vehicles, so as to provide for license fees for certain tempo rarily leased trucks.

HB 1591. By Messrs. Connell of the 80th and Floyd of the 5th:
A bill to amend an Act known as the "Georgia State Financing and In vestment Commission Act", so as to provide for reimbursement to the

TUESDAY, FEBRUARY 5, 1974

533

Commission for certain services; to authorize the use of investment income for the payment of operating expenses of the Commission.

HB 1658. By Messrs. Murphy of the 18th, Floyd of the 5th and Levitas of the 50th:
A bill to provide State assistance for planned growth and development in the State; to provide a short title; to amend an Act known as the "Executive Reorganization Act of 1972", so as to prescribe the function of the Office of Planning and Budget in relation to planned growth and development; to provide the powers and duties of the Office of Planning and Budget in carrying out such functions.

HB 1599. By Messrs. Russell of the 53rd, Ware of the 65th, Bostick of the 123rd and others:
A bill to authorize qualified attorneys who are on active military duty in this State and who are not otherwise eligible to practice before the courts of the State under certain conditions.

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

HR 136. By Mr. Smith of the 42nd:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption from taxation to the resident homeowners in the City of Palmetto; to provide that residents of said city who are 65 years of age and who have an income not exceeding $4,000 shall be granted an exemption of $4,000 on their homestead from all ad valorem taxation.

HR 259. By Messrs. Connell of the 80th, Carr of the 90th, Wilson of the 94th and others:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide for the payment of $250,000 to the first person, firm or corporation which establishes a plant for the commercial production of aluminum ore from kaolin and produces a minimum of 300,000 tons annually.

HR 460. By Messrs. Bostick and Patten of the 123rd:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption from all ad valorem taxation in the amount of $2,000 to resident homeowners in the City of Tifton.

534

JOURNAL OF THE SENATE,

HR 461. By Mr. Wamble of the 120th:
A resolution authorizing the conveyance of certain real property located in Cairo, Grady County, Georgia.

HR 465. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73rd: A resolution proposing an amendment to the Constitution so as to permit the governing authority of McDuffie County to levy and collect an ad valorem tax to be paid to the Development Authority of McDuffie County; to provide for discontinuance of said levy.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:

HB 1359. By Messrs. Dorminy of the 115th, Dixon of the 126th, Rainey of the 115th and others:
A bill to amend Code Chapter 26-13, pertaining to crimes involving bodily injury and related offenses, so as to provide that it shall be unlawful for a person to inflict a violent injury or attempt to commit a violent injury to the person of another while such person is riding upon any conveyance being operated by any public carrier or railroad.

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

SB 620. By Senator Webb of the llth:
A bill to create the Prosecuting Attorneys' Council of the State of Georgia; to provide for the membership of the Council, their qualifica tions, appointment, election, compensation, expenses, terms of office, suc cession, duties, powers, authority, and responsibilities; to provide for a method of filling vacancies; to provide for meetings of the Council.
Referred to Committee on Judiciary.

SB 621. By Senator Doss of the 52nd:
A bill to amend Code Title 13, known as the "Banking Law" of Georgia, as amended, so as to prohibit financial institutions and their holding companies, subsidiaries and affiliates from engaging in the travel agency business either directly or indirectly; to define certain terms; to au thorize and direct the Commissioner of the Department of Banking and Finance to issue regulations.
Referred to Committee on Banking and Finance.

TUESDAY, FEBRUARY 5, 1974

535

SB 622. By Senator Doss of the 52nd:
A bill to amend Code Title 13, known as the "Banking Law" of Georgia, as amended, so as to prohibit financial institutions and their holding companies, subsidiaries and affiliates from engaging in the business of preparing income tax returns for the general public either directly or indirectly; to define certain terms; to authorize and direct the Commis sioner of the Department of Banking and Finance to issue regulations.
Referred to Committee on Banking and Finance.

SB 623. By Senator Parker of the 31st:
A bill to amend an Act establishing the State Court of Polk County, as amended, so as to change the compensation of the judge of said court; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 624. By Senator Parker of the 31st:
A bill to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the sheriff and his deputies; to provide for a chief deputy sheriff; to provide for secretarial assistance for the ordinary.
Referred to Committee on County and Urban Affairs.

SB 625. By Senator Riley of the 1st:
A bill to amend an Act known as the "Georgia State Financing and In vestment Commission Act"; to declare the Georgia State Financing and Investment Commission to be an agency and instrumentality of the State of Georgia; to provide that appropriations for general obligation debt will not immediately lapse if only a portion of the debt authorized by the General Assembly is issued by the Georgia State Financing and Investment Commission.
Referred to Committee on Banking and Finance.

SB 626. By Senator Wasden of the 2nd:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for investigative grand juries; to provide for the supervision and termination of investigative grand juries; to provide for all pro cedures, requirements and other matters relative to the foregoing.
Referred to Committee on Judiciary.

536

JOURNAL OF THE SENATE,

SB 627. By Senators Lester of the 23rd and Holley of the 22nd:
A bill to amend an Act known as the "Georgia Ports Authority Act", as amended, so as to authorize the Governor on behalf of the State, to convey certain property to the Georgia Ports Authority.
Referred to Committee on Public Utilities and Transportation.

SB 628. By Senators Lester of the 23rd and Holley of the 22nd:
A bill to require all persons, firms and corporations owning industrial property in this State to file tax returns directly with the State Revenue Commissioner; to require the State Revenue Commissioner to assess and equalize taxable values upon all industrial property located in this State; to provide for the time and manner of filing tax returns on industrial property.
Referred to Committee on Banking and Finance.

SB 629. By Senator Ward of the 39th:
A bill to create the Georgia Human Relations Commission; to provide for a short title; to provide for a declaration of purpose; to provide for definitions; to provide for the membership of the Commission; to provide for terms of office, meetings and quorum; to provide for an executive director; to provide for a chairman; to provide for the powers of the Commission.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SB 630. By Senator Bell of the 5th:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, as amended, so as to change the provisions relative to school board dis tricts; to change the provisions relative to the election of members of said Board of Education.
Referred to Committee on County and Urban Affairs.

SR 333. By Senator Wasden of the 2nd:
A resolution requesting the Secretary of Transportation of the United States to establish an AMTRAK rail passenger route between Savannah and Atlanta.
Referred to Committee on Public Utilities and Transportation.

TUESDAY, FEBRUARY 5, 1974

537

SR 334. By Senators Tysinger of the 41st, Holley of the 22nd, Brown of the 47th and others:
A resolution proposing an amendment to the Constitution, so as to provide for joint introduction of bills and resolutions by Senators and Representatives; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Rules.

SR 335. By Senators Lester of the 23rd and Holley of the 22nd:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes of all real property located in this State and used or zoned for industrial purposes, but not at a greater basis of value or at a higher rate of taxation than other properties.
Referred to Committee on Banking and Finance.

SR 336. By Senator McDuffie of the 19th:
A resolution proposing an amendment to the Constitution, so as to pro vide that any proceedings relative to the removal of the 20 mill limita tion on school taxation in Telfair County previously taken under the provisions of Article VIII, Section XII, Paragraph II of the Constitution are hereby rescinded, and the provisions of Article VIII, Section XII, Paragraph I shall control.
Referred to Committee on County and Urban Affairs.

SR 337. By Senator Jackson of the 16th:
A resolution proposing an amendment to the Constitution, so as to create the Department of Local Government Affairs and to provide for a Board of Commissioners for said Department.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1238. By Mr. Harris of the 51st:
A bill to amend an Act known as the "Apartment Ownership Act", as amended, so as to change the provision relating to the contents of deeds or subleases conveying apartments; to change the provision relating to copies of floor plans to be filed; to provide for the acquisition or con veyance of additional common area.
Referred to Committee on Business, Trade and Commerce.

538

JOURNAL OF THE SENATE,

HB 1286. By Mr. Harris of the 51st:
A bill to amend an Act approved March 29, 1973, known as the "Un employment Compensation Law", so as to provide certain penalties for nonpayment of contributions due.
Referred to Committee on Industry and Labor.

HB 1463. By Mr. Groover of the 75th:
A bill to amend Code Section 92-2902, relating to annual fees for oper ating motor vehicles, so as to provide for license fees for certain tem porarily leased trucks.
Referred to Committee on Public Utilities and Transportation.

HB 1591. By Messrs. Connell of the 80th and Ployd of the 5th:
A bill to amend an Act known as the "Georgia State Financing and In vestment Commission Act", so as to provide for reimbursement to the Commission for certain services; to authorize the use of investment income for the payment of operating expenses of the Commission.
Referred to Committee on Banking and Finance.

HB 1599. By Messrs. Russell of the 53rd, Ware of the 65th, Bostick of the 123rd and Snow of the 1st:
A bill to authorize qualified attorneys who are on active military duty in this State and who are not otherwise eligible to practice before the courts of the State under certain conditions.
Referred to Committee on Special Judiciary.

HB 1658. By Messrs. Murphy of the 18th, Floyd of the 5th and Levitas of the 50th:
A bill to provide State assistance for planned growth and development in the State; to provide a short title; to amend an Act known as the "Executive Reorganization Act of 1972", so as to prescribe the function of the Office of Planning and Budget in relation to planned growth and development; to provide the powers and duties of the Office of Planning and Budget in carrying out such functions.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HR 136. By Mr. Smith of the 42nd:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption from taxation to resident homeowners in

TUESDAY, FEBRUARY 5, 1974

539

the City of Palmetto; to provide that residents of said city who are 65 years of age and who have an income not exceeding $4,000 shall be granted an exemption of $4,000 on their homestead from all ad valorem taxation.
Referred to Committee on County and Urban Affairs.

HR 259. By Messrs. Connell of the 80th, Carr of the 90th, Wilson of the 94th, and others:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide for the payment of $250,000 to the first person, firm or corporation which establishes a plant for the commercial production of aluminum ore from kaolin and produces a mini mum of 300,000 tons annually.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HR 460. By Messrs. Bostick and Patten of the 123rd:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption from all ad valorem taxation in the amount of $2,000 to resident homeowners in the City of Tifton.
Referred to Committee on County and Urban Affairs.

HR 461. By Mr. Wamble of the 120th:
A resolution authorizing the conveyance of certain real property located in Cairo, Grady County, Georgia.
Referred to Committee on Public Utilities and Transportation.

HR 465. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73rd:
A resolution proposing an amendment to the Constitution so as to permit the governing authority of McDuffie County to levy and collect an ad valorem tax to be paid to the Development Authority of McDuffie County; to provide for discontinuance of said levy.
Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:

540

JOURNAL OF THE SENATE,

Senator Reynolds of the 48th District, Chairman of the Committee on High ways, submitted the following report:

Mr. President:

Your Committee on Highways has had under consideration the following bill and resolution of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1350. Do pass.
SR 304. Do pass.
Respectfully submitted,
Reynolds of 48th District,
Chairman.

Senator Smith of the 3'4th District, Chairman of the Committee on Industry & Labor, submitted the following report:

Mr. President:

Your Committee on Industry & Labor has had under consideration the fol lowing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 188. Do pass.

SB 602. Do pass.

HB 1355. Do pass.

Respectfully submitted, Smith of 34th District, Chairman.

Senator Dean of the 6th District, Chairman of the Committee on Natural Resources and Environmental Quality, submitted the following report:
Mr. President:
Your Committee on Natural Resources and Environmental Quality 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 recommenda tions :
SB 464. Do pass as amended.
SB 484. Do pass as amended.

TUESDAY, FEBRUARY 5, 1974

541

SB 537. Do pass. SB 538. Do pass by substitute.

Respectfully submitted, Dean of 6th District, Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:

Mr. President:

Your Committee on Public Utilities and Transportation has had under con sideration the following bills and resolutions of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the fol lowing recommendations:

SB 500. Do pass.

SB 594. Do pass, by substitute.

HR 503. Do pass.

Respectfully submitted,

Brown of 47th District,

Chairman.

Senator London of the 50th District, 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 Chairman, to report the same back to the Senate with the following recommendation:

SR 316. Do pass.

Respectfully submitted,

London of 50th District,

Chairman.

The following bills and resolutions of the Senate and House were read the second time:
SB 188. By Senator McGill of the 24th:
A bill to amend Code Chapter 114-6, relating to workmen's compensation insurance, as amended, so as to require the premium charged by an in surance company for workmen's compensation coverage of a sawmill be based on the payroll of the employer.

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JOURNAL OF THE SENATE,

SB 464. By Senator Dean of the 6th:
A bill to provide for the acquisition, construction and maintenance of bicycle trails; to authorize the Department of Natural Resources to enter into agreements with counties and municipalities; to provide for funding.

SB 484. By Senator Dean of the 6th:
A bill to amend an Act known as the "Georgia Scenic Trails Act", ap proved Mar. 8, 1972 (Ga. Laws 1972, p. 142), as amended, so as to pro vide for the construction and maintenance of bicycle lanes on public highways; to authorize the Department of Transportation to enter into agreements with counties and municipalities; to provide for funding.

SB 537. By Senators Gillis of the 20th, Kennedy of the 4th and Young of the 13th:
A bill to amend an Act superseding, with stated exceptions, all previous laws of this State relating to the organization, powers and duties of the Forestry Commission, as amended, so as to authorize the State Forestry Commission to manage, conserve and protect certain forest lands or forest properties belonging to or under the jurisdiction and control of any department, board, commission, bureau, agency or authority of State government.

SB 500. By Senator London of the 50th:
A bill to amend an Act known as the "Electric Membership Corporations Act", approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended, so as to provide that directors of Electric Membership Corporations may be compensated for their services rendered on behalf of such corpora tions; to provide an effective date.

SB 538. By Senators Gillis of the 20th, Kennedy of the 4th and Young of the 13th:
A bill to amend an Act comprehensively revising the laws relating to the Georgia Forestry Commission, approved Mar. 3, 1955 (Ga. Laws 1955, p. 309), as amended, so as to authorize the Georgia Forestry Com mission to acquire land without going through any other State agency, board, commission, or department; to provide that condemnation pro ceedings by the Georgia Forestry Commission be according to certain procedures.
SB 594. By Senators Brown of the 47th and Zipperer of the 3rd:
A bill to amend Code Section 95A-961, relating to the issuance of per mits allowing motor vehicles, to exceed the weight, width, length or height limitations imposed by law, so as to provide that such permits may be issued for motor vehicles which are transporting loads which can be dismantled.

TUESDAY, FEBRUARY 5, 1974

543

SB 602. By Senator London of the 50th:
A bill to amend Code Title 114, relating to Workmen's Compensation, as amended, so as to exclude fellow employees as third party torfeasors; to change the minimum number of employees for coverage; to delete certain provisions exempting employees of public charities from cover age; to increase the maximum limit of compensation relative to total incapacity.

SR 304. By Senator McGill of the 24th: A resolution designating the Broad Road.

SR 316. By Senator Coggin of the 35th:
A resolution proposing an amendment to the Constitution so as to au thorize the pre-filing of bills by members of the General Assembly; to provide for the submission of this amendment for ratification or rejec tion.

HB 1355. By Mr. Mullinax of the 65th and others:
A bill to amend an Act approved March 29, 1937, known as the "Un employment Compensation Law", (now Employment Security Law), so as to increase maximum benefit amounts; to prevent a tax increase; to delete a requalifying provision applicable to pregnancy separations.

HB 1350. By Mr. Wheeler of the 127th and others: A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt farm trailers with two or more wheels, and which do not weigh over 4,000 pounds when empty, from being equipped with an independent braking system.
HR 503. By Mr. Willis of the 119th: A resolution authorizing the conveyance of certain real property located in the City of Bainbridge in Decatur County, Georgia.
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 576. By Senator Webb of the llth:
A bill to amend an Act creating the State Court of Miller County (formerly the City Court of Miller County), as amended, so as to change the salary of the judge of said court.

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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 46, nays 0.

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

SB 584. By Senator McGill of the 24th:
A bill to provide for the appointment of the County School Superin tendent of Wilkes County by the Board of Education of Wilkes County; to provide for the time of the initial appointment; to provide for any other matters relative to the foregoing.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

SB 585. By Senator McGill of the 24th:
A bill to amend an Act creating the Oglethorpe Development Authority, so as to change the composition of such Authority, so as to change the provisions relating to the appointment and terms of office of the mem bers; to change the provisions relating to the chairman; to provide for a vice-chairman; to provide certain restrictions on membership.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

SB 582. By Senators Wasden of the 2nd, Zipperer of the 3rd and Riley of the 1st:
A bill to amend an Act providing for a board of elections in certain counties, so as to change the jurisdiction of the board of elections; to

TUESDAY, FEBRUARY 5, 1974

545

change the qualifications of members of the board of elections; to change the provisions relating- to certification of the election of members of the election board.

The Committee on County and Urban Affairs offered the following amend ment to SB 582:
Amend SB 582 by striking on Page 2, line 9, "of the ordinary and/or the superintendent",
and inserting in lieu thereof the following:
"granted to and incumbent upon the ordinary and/or the superintendent pursuant to Code Title 34, as now or hereafter amended."

On the adoption of the amendment, the ayes were 46, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 1477. By Mr. Jones of the 109th and others: A bill to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the voters of Chatham County, so as to change the provisions relative to filling vacancies on said Board of Education.

The Committee on County and Urban Affairs offered the following substitute for HB 1477:
A BILL
To be entitled an Act to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the voters of Chatham County, approved March 21, 1968 (Ga. Laws 1968, p. 2636), as amended by an Act approved February

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JOURNAL OF THE SENATE,

20, 1970 (Ga. Laws 1970, p. 2076), and by an Act approved March 27, 1972 (Ga. Laws 1972, p. 3098), so as to change the provisions relative to filling vacancies on said Board of Education; to provide for a special election to fill a vacancy under certain circumstances; to provide for a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the voters of Chatham County, approved March 21, 1968 (Ga. Laws 1968, p. 2636), as amended by an Act approved February 20, 1970 (Ga. Laws 1970, p. 2076), and by an Act approved March 27, 1972 (Ga. Laws 1972, p. 3098), is hereby amended by adding a new paragraph at the end of Section 2, to read as follows:

"For the purpose of filling vacancies as provided by this Sec tion, the President of the Board shall not be a voting member thereof, except to break a tie, and a majority of the remaining members may fill any such vacancy. Whenever a vacancy occurs on the Board, it shall be the duty of the President of the Board to present the question of filling such vacancy at the first regular meeting of the Board held after the occurrence of such vacancy, but any member of the Board, at any meeting thereof, shall be en titled to present the question of filling any vacancy that might exist. in the membership of the Board and to make motions relative to filling any such vacancy. Any other provisions of this Section to the contrary notwithstanding, if for any reason a vacancy is not filled, as hereinabove provided, within 60 days after the occurrence of said vacancy, and a general election will not be held within 180 days after the occurrence of said vacancy, then it shall be the duty of the Board of Elections of Chatham County, within 65 days after the occurrence of said vacancy, to issue the call for a special election for the purpose of filling such vacancy. The provisions of this Sec tion providing for the eligible electors to elect members of said Board of Education shall apply to special elections to fill vacancies as provided herein. Such special elections shall be held and con ducted in accordance with the applicable provisions of Code Title 34, known as the 'Georgia Election Code', as now or hereafter amended."

Section 2. In the event a vacancy exists on the Board of Public Education for the City of Savannah and Chatham County on the date the referendum election provided by Section 3 of this Act is held, and if such vacancy had existed for at least 90 days prior to such date, and if such vacancy continues to exist at the time of the issuance of the call for such referendum election, then, at such time, the Board of Elections of Chatham County shall also issue the call for a special election, to be held at the same time as said referendum election, for the purpose of filling such vacancy. At said special election, only those qualified voters residing within the Education District wherein the vacancy exists shall be eligible to vote, and said special election shall be held and conducted in accordance with the applicable provisions of Code Title 34, known as the "Georgia Election Code", as now or hereafter amended.

TUESDAY, FEBRUARY 5, 1974

547

Section 3. Not less than five nor more than ten days after the ap proval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Board of Elections of Chatham County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The Board of Elec tions shall set the date of such election for a day not less than 30 nor more than 40 days after the date of the issuance of the call. The Board of Elections 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 Chatham County. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act providing methods for filling vacancies on the Board of Public Education
( ) NO for the City of Savannah and Chatham Coun ty be approved?"

All persons desiring to vote in favor of the Act shall vote "Yes", and those persons desiring to vote for rejection of the Act shall vote "No". 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 Chatham County. It shall be the duty of the Board of Elections to hold and conduct such election. Said Board of Elections 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 said Board of Elections to canvass the returns and declare and certify the result of the election. It shall be the further duty of said Board of Elections to certify the result thereof to the Secretary of State.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 46, 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 46, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 597. By Senator McGill of the 24th: A bill to abolish the present mode of compensating the Clerk of the Superior Court of Oglethorpe County, known as the fee system; to pro-

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JOURNAL OF THE SENATE,

vide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the coun ty; to provide for the collection of all such fees, costs and emoluments; to provide for periodic statements.

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

On the passage of the bill, the ayes were 46, nays 0.

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

HB 1237. By Messrs. Dean of the 60th and Mason of the 59th:
A bill to amend an Act creating a new charter and municipal government for the City of Buford, as amended, so as to change the provisions re lating to the eligibility and election of members of the commission.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

HB 1550. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others: A bill to amend the Charter of Columbus, Georgia, so as to provide that contractual claims against Columbus must be presented within 12 months after they accrue.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

TUESDAY, FEBRUARY 5, 1974

549

HB 1538. By Messrs. Grantham and Wheeler of the 127th:
A bill to abolish the present mode of compensating the Ordinary of Bacon County, known as the fee system; to provide in lieu thereof an annual salarv.

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

On the passage of the bill, the ayes were 46, nays 0.

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

HB 1539. By Messrs. Wheeler and Grantham of the 127th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner of Bacon County, so as to change the compensation provisions relating to the tax commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

HB 1548. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to amend the charter of Columbus, Georgia, so as to provide that a councilman or mayor resigning his position as such councilman or mayor prior to qualifying for elective office may be eligible to serve in such new elective office.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

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JOURNAL OP THE SENATE,

HB 1549. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to amend an Act creating the Medical Center Board of Commis sioners, so as to increase the board membership of the Medical Center Board of Commissioners to 15 persons.

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

On the passage of the bill, the ayes were 46, nays 0.

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

HB 1551. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to amend the charter of Columbus, Georgia, so as to establish the date of the council following an election and the term of office of the mayor pro tern.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

HB 1552. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to amend the charter of Columbus, Georgia, so as to make ordi nances, the violation of which are criminal in nature, effective 10 days after they have been signed by the mayor and returned by the clerk.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

TUESDAY, FEBRUARY 5, 1974

551

HB 1570. By Mr. Ritchie of the llth:
A bill to amend an Act creating a board of commissioners for Habersham County, so as to change the provisions relative to the compensation of the members of said board.

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

On the passage of the bill, the ayes were 46, nays 0.

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

HB 1561. By Messrs. McCracken and Lewis of the 77th:
A bill to amend an Act establishing a new charter for the City of Louis ville, so as to change the method of election of councilmen to a post system and to require a majority vote to decide all elections to any office.

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

On the passage of the bill, the ayes were 46, nays 0.

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

HB 1562. By Messrs. Hill of the 110th, Ellis of the 107th, Blackshear of the 106th and others:
A bill to amend Code Section 24A-201, relating to the creation of juvenile courts in certain counties, so as to provide for the creation of a juvenile court in Chatham County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

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JOURNAL OF THE SENATE,

HB 1574. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act placing the Ordinary of Carroll County upon an annual salary so as to change the compensation of the Ordinary.

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

On the passage of the bill, the ayes were 46, nays 0.

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

HB 1575. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act creating the Office of Tax Commissioner of Carroll County, so as to change the compensation of the Tax Commis sioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

HB 1576. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act entitled "an Act to amend an Act establishing a new charter for the City of Carrollton . . .", by changing the term of office of the Mayor and four councilmen to four years; the creation of four separate posts for the office of Councilmen and the requirement that each person offering for election as Councilman of the City of Carrollton shall designate the post that he or she seeks to fill.

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

On the passage of the bill, the ayes were 46, nays 0.

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

TUESDAY, FEBRUARY 5, 1974

553

HB 1577. By Messrs. Bohannon and Patterson of the 64th:
A bill to extend the corporate city limits of the City of Carrollton so as to include the property encompassed by the Industrial Park of Carrollton Payroll Development Authority situated in Land Lots 189 and 190 of the 10th District of Carroll County, which said Industrial Park is more particularly shown on a plat which appears in Plat Book 8, page 18, of Carroll County, Public Records.

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

On the passage of the bill, the ayes were 46, nays 0.

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

HB 1578. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act placing the Sheriff of Carroll County upon an annual salary, so as to change the compensation of the Sheriff.

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

On the passage of the bill, the ayes were 46, nays 0.

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

HB 1579. By Messrs. Bohannon and Patterson of the 64th:
A bill to provide for a board of elections in certain counties, population not less than 45,000 and not more than 50,000.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

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JOURNAL OF THE SENATE,

HB 1580. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend an Act placing the Clerk of the Superior Court of Carroll County upon an annual salary, so as to change the compensation of the Clerk of the Superior Court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

HB 1581. By Messrs. Bohannon and Patterson of the 64th: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the judg-e of said court.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

HB 1582. By Messrs. Bohannon and Patterson of the 64th: A bill to amend an Act creating the Office of Commissioner of Carroll County, so as to change the compensation and allowances of the Com missioner.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

TUESDAY, FEBRUARY 5, 1974

555

HB 1612. By Mr. Bray of the 66th:
A bill to amend an Act incorporating the City of Manchester, so as to remove certain territory from the corporate limits of the said city.

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

On the passage of the bill, the ayes were 46, nays 0.

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

The following- resolutions of the Senate were read and adopted:

SR 339. By Senator Hudgins of the 15th: A resolution commending the Georgia Department of Veterans Service.

SR 340. By Senators Hudgins of the 15th, Kidd of the 25th, Barker of the 18th and Stephens of the 36th:
A resolution urging the Department of Community Development and the Department of Transportation to coordinate their respective pro g-rams for the enhancement of tourism in West Georgia.

The President ordered the morning call of the roll, and the following Senators answered to their names:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Hill Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McGill Moore Overby

Parker Reynolds Riley Rowan Salter Skene Smalley Stephens Summers Sutton Thompson Tysinger Warren Young Zipperer

556

JOURNAL OF THE SENATE,

Those not answering were Senators:

Cleland Cox Holloway

McDuffie Smith Starr

Ward Wasden Webb

Senator Kidd of the 25th introduced as Chaplain, The Reverend John Mc Duffie, of Gray, Georgia, who offered scripture reading- and prayer.

Senator Holley of the 22nd assumed the Chair.

Senator Kidd of the 25th introduced as Doctor of the Day, Dr. George Green.

The following is the Senate Rules Calendar for today: SB 440. City, County Employees--no residency requirements (SUB)
SB 451. Public School Teachers--sick leave (AM) SB 468. Joint Legislative Committee on Performance Evaluation--
create SB 471. Governor's Policies--annual report SB 480. Board of Admissions of College of Veterinary Medicine--
create (SUB) SB 558. Georgia Proprietary School Act--change provisions SB 562. Mentally 111--admission to emergency receiving facilities SB 563. Alcoholic or Drugged Person--admission to emergency
facility SB 569. Children and Youth Act--change penalty provisions SB 570. Divorce Alimony Support--attorney's fee SB 574. Veterinary Medicine--scholarships
SB 579. School Funds--athletic and interscholastic activities (SUB) SB 587. Commanding Officer Public Safety Department--rank and
pay SB 592. Barbering Licenses--change requirements

TUESDAY, FEBRUARY 5, 1974

557

SR 277. Bingo Games--non-profit organizations operate (AM)

HB 368. Local School System Professional Personnel--provide evalua tion and tenure (SUB)

HB 1241. State Boxing Commission--create

HB 1202. Livestock--relating to marks and brands

HB 1321. Flue-Cured Tobacco--license and marketing

HB 1401. Pharmacists--issuance of temporary licenses

HB 1402. Pecan Processors and Wholesalers--license from Agriculture Department

HR 473. Natural Gas Used in Production of Nitrogen--allocation

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

SB 440. By Senator Bell of the 5th:
A bill to prohibit municipal or county governments from requiring employees to be residents of the municipality or county.

The Committee on County and Urban Affairs offered the following substitute:
A BILL
To be entitled an Act to prohibit municipal or county governments from requiring applicants for employment or employees to be residents of the municipality or county; to prohibit the application of certain points, credits or other benefits on behalf of residents to give residents an advantage over nonresidents and to provide for the construction of this Act in connection therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. A municipal or county government in this State shall not require as a condition of employment by such government that appli cants for employment or employees reside within the boundaries of the municipality or county.
Section 2. A municipal or county government of this State, in using ,,a.n..y. merit system examination or other type of examination or evaluation of personnel in connection with application for employment, discharge

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JOURNAL OF THE SENATE,

of employees or promotion of employees, shall not apply additional points, credits or other benefits to residents of the municipality or county to give such residents an advantage for the purpose of employ ment or promotion, or disadvantage for the purpose of discharge, over the nonresidents solely on the basis of residency, but this Act shall not be construed to prohibit the choice of a resident over a nonresident when both applicants for employment, or both employees, are equally qualified for the position sought by them or when both employees are equally at fault or ineffective when they are being considered for discharge from employment.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Warren of the 43rd offered the following amendment:
Amend the committee substitute to SB 440 by striking on Page 1, line 12, the words "or employees" and substituting in lieu thereof the following phrase:
"as officers or employees, or such officers or employees present ly employed must".

Senator Johnson of the 38th moved that SB 440 be recommitted to the Com mittee on County and Urban Affairs.

Senator Duncan of the 30th moved the previous question.

Senator Johnson of the 38th moved that SB 440 be tabled.

On the motion to table, 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:

Barker Broun of 46th Brown of 47th Coggin Coverdell Cox Gillis

Hamilton Hudgins Jackson Johnson Kennedy Kidd Lester

London McDuffie McGill Reynolds Riley Salter Starr

TUESDAY, FEBRUARY 5, 1974

55&

Stephens Ward

Wasden

Zipperer

Those voting' in the negative were Senators:

Bell Carter Doss Duncan Eldridge Fincher Garrard Henderson Herndon

Hill Holloway Howard Langford Moore Overby Parker Rowan Skene

Smalley Summers Sutton Thompson Tysinger Warren Young

Those not voting were Senators:

Ballard Cleland

Dean Holley (presiding)

Smith Webb

On the motion, the ayes were 25, nays 25; Senator Holley, who was presiding, voted "aye", breaking the tie; the vote became ayes 26, nays 25; the motion pre vailed, and SB 440 was tabled.

The President resumed the Chair.

Senator Bell of the 5th moved that SB 440 be removed from the table.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Carter Doss Eldridge Fincher Garrard Henderson

Herndon Holloway Howard Langford Moore Overby Parker Rowan Skene Smalley

Starr Summers Sutton Thompson Tysinger Warren Wasden Young

560

JOURNAL OP THE SENATE,

Those voting in the negative were Senators:

Brown of 47th Coggin Coverdell Cox Gillis Hamilton Holley

Hudgins Jackson Johnson Kennedy Kidd Lester London

McDuffie McGill Reynolds Riley Stephens Ward Zipperer

Those not voting were Senators:

Cleland Dean Duncan

Hill Salter

Smith Webb

On the motion, the ayes were 28, nays 21; the motion prevailed and SB 440 was removed from the table.

On the adoption of the amendment by Senator Warren to the committee sub stitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th
Brown of 47th Carter Cleland Coggin Coverdell Cox Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley
Smith Starr Stephens Summer Sutton Thompson Tysinger Ward Warren Wasden Young Zipperer

Voting in the negative was Senator Lester.

Those not voting were Senators:

Dean

Webb

TUESDAY, FEBRUARY 5, 1974

561

On the adoption of the amendment, the ayes were 53, nays 1, and the amend ment offered by Senator Warren of the 43rd to the committee substitute was adopted.

On the adoption of the committee substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Carter Cleland Coggin Coverdell Doss Duncan Eldridge Fincher Garrard Gillis

Henderson Herndon Hill Holloway Howard Kennedy Langford McGill Moore Overby Parker Reynolds Rowan

Smalley Smith Starr Summers Sutton Thompson Tysinger Warren Wasden Young Zipperer

Those voting in the negative were Senators:

Barker Brown of 47th Cox Hamilton Holley Hudgins

Jackson Johnson Kidd Lester London McDuffie

Riley Salter Skene Stephens Ward

Not voting were Senators Dean and Webb.

On the adoption of the substitute, the ayes were 37, nays 17, and the commit tee 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 President ordered a roll call, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Carter Cleland Coverdell Doss Duncan Eldridge Fincher Garrard Gillis

Henderson Herndon Hill Holloway Howard Kennedy Langford McGill Moore Overby Parker Reynolds

Rowan Smalley Smith Starr Summers Sutton Thompson Tysinger Warren Wasden Young Zipperer

Those voting in the negative were Senators:

Barker Brown of 47th Coggin Cox Hamilton Holley

Hudgins Jackson Johnson Kidd Lester London

McDuffie Riley Salter Skene Stephens Ward

Not voting were Senators Dean and Webb.

On the passage of the bill, the ayes were 36, nays 18.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Johnson of the 38th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 440.

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

HB 1276. By Messrs. Savage of the 30th, Floyd of the 56th, Hays of the 1st and others:
A bill to provide certain standards for the construction of curbs on each

TUESDAY, FEBRUARY 5, 1974

563

side of city streets; to require curb ramps for handicapped persons; to provide exceptions; to provide an effective date; to repeal conflicting laws.

HB 1305. By Mr. Wheeler of the 13th:
A bill to amend Code Section 95A-959, relating to weights of vehicles and loads, so as to change certain exception provisions; to change the gross weight provisions; to provide an exception for the hauling of granite from the quarry to the processing plant.
Senator Gillis of the 20th 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 451. By Senator Kidd of the 25th:
A bill to amend an Act providing for sick leave for teachers in the public schools in this State, approved Dec. 10, 1953, as amended, so as to allow additional accumulative sick leave; to place a limitation upon the amount which may be paid to substitute teachers; to place limitations upon the amount of compensation which may be deducted from absent teachers' compensation to provide the procedures connected therewith.

The Committee on Elementary and Secondary Education offered the following amendment:
Amend SB 451 by striking on Page 1, line 22, the figure "60", and substituting in lieu thereof the figure "45".
By striking on Page 2, line 5, the figure "60", and substituting in lieu thereof the figure "45".
By striking on Page 2, line 26, the figure "$20.00", and substituting in lieu thereof the figure "$25.00".
Senator Hamilton of the 26th offered the following amendment:
Amend the committee amendment to SB 451 by striking the third paragraph which reads as follows:
"By striking on Page 2, line 26, the figure '$20.00', and sub stituting in lieu thereof the figure '$25.00'."

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JOURNAL OF THE SENATE,

On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment to the committee amendment was adopted.

On the adoption of the committee amendment, the ayes were 36, nays 1, and the committee amendment was adopted as amended.

Senator Hamilton of the 26th offered the following' amendment:
Amend SB 451 by deleting the sentence beginning- in line 24, Page 2, which reads as follows:
"The maximum permissible compensation to be paid to a sub stitute teacher shall not exceed 20".

On the adoption of the amendment, the ayes were 36, nays 2, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell
Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Hamilton Henderson

Hill Holley Holloway Howard Jackson
Kennedv Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Summers Button Thompson Tvsinger Ward Warren Wasden Young Zipperer

TUESDAY, FEBRUARY 5, 1974

565

Voting- in the negative was Senator Herndon.

Those not voting were Senators:

Duncan Gillis (presiding-)

Hudgins Johnson

Webb

On the passage of the bill, the ayes were 50, nays 1.

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

HB 1402. By Mr. Grahl of the 88th:
A bill to require all pecan processors and wholesalers in the State of Georgia to secure a license from the Department of Agriculture.

Senator Holloway of the 12th offered the following amendment:
Amend HB 1402 by adding between the words "wholesale" and the word "within" on line 24 the following:
", other than those grown by him.".

On the adoption of the amendment, the ayes were '52. nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill. Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 40th Brown of 47th Carter Cleland

Coggin Coverdell Cox Dean Doss Fincher

Garrard Hamilton Herndon Hill Holloway Howard

566
Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill

JOURNAL OF THE SENATE,

Moore Overby Parker Reynolds Rowan Salter Skene Smalley Smith Starr

Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Young Zipperer

Voting in the negative was Senator Eldridge.

Those not voting were Senators:

Barker Duncan Gillis (presiding)

Henderson Holley Riley

Webb

On the passage of the bill, the ayes were 48, nays 1.

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

SB 558. By Senator Starr of the 44th:
A bill to amend an Act known as the "Georgia Proprietary School Act", approved Mar. 9, 1972 (Ga. Laws 1972, p. 156), as amended, so as to change the provisions relative to a certain exemption; to delete certain provisions relative to the registration of representatives and the issuance of permits in connection therewith; to provide for all matters relative thereto.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th

Brown of 47th Carter Cleland

Coggin Coverdell Cox

TUESDAY, FEBRUARY 5, 1974

567

Dean Doss Eldridge Fincher Garrard Hamilton Henderson Herndon Hill Holloway Howard Johnson Kennedy

Kidd Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter Skene

Smalley Smith Starr Stephens Summers Button Thompson Tysing-er Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Ballard Duncan Gillis (presiding)

Holley Hudgins Jackson

Langford Webb

On the passage of the bill, the ayes were 48, nays 0.

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

SB 574. By Senators McGill of the 24th, Gillis of the 20th, Cox of the 21st and others:
A bill to authorize and empower the Georgia State Scholarship Commis sion to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to pursue a program of study in veterinary medicine; to provide for the intent of the Act; to define certain terms; to provide for loans and scholarships; to provide for the investigation of applicants and preference of applicants.
Senator McGill of the 24th offered the following substitute:
A RILL
To be entitled an Act to amend an Act creating the State Scholar ship Commission, approved March 12, 1965 (Ga. Laws 1965, p. 210), as amended, so as to provide that the field of doctor of veterinary medicine shall be deemed an appropriate professional field within which the Com mission shall be empowered to grant scholarships; to provide for grant ing scholarships to students pursuing a program of study leading to the degree of doctor of veterinary medicine; to provide for intent of the Act; to provide for repayment of scholarships in cash or through services rendered; to provide an effective date; to repeal conflicting laws; and for other purposes.

568

JOURNAL OF THE SENATE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. An Act creating the State Scholarship Commission, ap proved March 12, 1965 (Ga. Laws 1965, p. 210), as amended, is hereby amended by adding a new Section immediately following Section 8, to be designated Section 8A, to read as follows:

"Section 8A. (a) In order to bring about an adequate supply of doctors of veterinary medicine in the more sparsely populated areas of Georgia, to increase the number of Georgia students en rolled in schools of veterinary medicine, and to induce such students upon graduation and licensing to practice their profession in areas of Georgia in need of their services, the field of doctor of veterinary medicine, including veterinary surgery; obstetrics, dentistry and all other branches or specialties of veterinary medicine, shall be deemed to be an approved professional field of study within the meaning of Section 1 of this Act.

(b) Residents of Georgia accepted for enrollment in a veteri nary college or in a veterinary division of a university or college accredited by the American Veterinary Medicine Association who otherwise meet the requirements of this Act and are pursuing a program of study leading to the degree of doctor of veterinary medicine or its equivalent shall be eligible to apply for a scholarship hereunder to the extent that funds are available for providing scholarship assistance to such students. In selecting recipients for such scholarship assistance, the Commission is authorized but not required to consider among other criteria the need for veterinarians in the field of specialization which is of interest to the student, the home area of the student, and the desire or likelihood if determinable that the student will practice his profession in an area of the State which might entitle the student to repay assistance received through services rendered in lieu of repayment of such assistance in cash as provided for herein.

(c) Recipients of scholarship assistance under provisions of this Section who have attained a doctorate degree in veterinary medicine and are licensed to practice veterinary medicine in this State shall repay scholarship assistance received in cash or through services rendered in Georgia as provided for in Section 2 of this Act; provided, however, that repayment of such assistance received through services rendered in Georgia shall not be approved by the Commission unless the recipient practices his profession in a rural or sparsely populated area of Georgia, or in a community of 10,000 population or less according to the United States Decennial Census of 1970 or any future such census, as the case may be, which is in need of the services of a licensed veterinarian substantially for pur poses of meeting the needs of owners or producers of farm animals
used for or in connection with production of commercial food prod
ucts."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

TUESDAY, FEBRUARY 5, 1974

569

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 34, nays 0, and the 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, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Doss Eldridge Fincher Garrard Hamilton Henderson Herndon Hill

Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford tester London McDuffie McGill Moore Parker Reynolds Riley Rowan

Salter Skene Smalley Smith Starr Stephens Summers Button Thompson Tvsinger Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Coggin Dean Duncan

Gillis (presiding) Hudgins Overby

Webb

On the passage of the bill, the ayes wore 49, nays 0.

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

570

JOURNAL OF THE SENATE,

SB 587. By Senator Carter of the 14th:
A bill to amend an Act creating the Department of Public Safety, ap proved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to provide that the rank and pay of the Commanding Officer of the Uni form Division of the Department of Public Safety shall be established by the Board of Public Safety; to provide an effective date.

Senator Carter of the 14th offered the following amendment:
Amend SB 587 by adding to line 17 on Page 2 the following sentence:
"The compensation established for the Commanding Officer by the Board of Public Safety shall not exceed twenty thousand dollars ($20,000.00)."

On the adoption of the amendment, the ayes were 37, 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, Senator Gillis of the 20th, who was presiding, ordered a roll call and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Covcrdell Cox Dean Doss Eldridge Fincher Garrard Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford London McDuffie McGill Moore Overby Parker Reynolds

Riley Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Young Zipperer

TUESDAY, FEBRUARY 5, 1974

571

Those not voting were Senators:

Duncan Gillis (presiding) Johnson

Lester Rowan Ward

Webb

On the passage of the bill, the ayes were 49. nays 0.

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

SB 579. By Senator Thompson of the 32nd:
A bill to amend Code Section 32-942, relating to the keeping of school funds separate from other funds, as amended by an Act approved Apr. 25, 1969 (Ga. Laws 1969, p. 72]), so as to provide that said funds may be used for certain extracurricular athletic and interscholastic activities.

The Committee on Elementary and Secondary Education offered the following substitute to SB 579:
A BILL
To be entitled an Act to amend Code Section 32-942, relating to the keeping of school funds separate from other funds, as amended by an Act approved April 25, 1969 (Ga. Laws 1969, p. 721), so as to provide that said funds may be used for certain extracurricular athletic and in terscholastic activities; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-942, relating to the keeping of school funds separate from other funds, as amended by n Act approved April 25, 1969 (Ga. Laws 1969, p. 721). is hereby amended by striking the following:
"and none other",
and inserting in lieu thereof the following:
"and may be used to pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, including literary events, music and athletic programs within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of education as an in tegral part of the total school program, and for other purposes,",

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so that, when so amended, said Code Section shall read as follows:

"32-942. When said common school fund shall be received and receipted for, it shall be the duty of the officers authorized by law to receive such fund and keep the same separate and distinct from other funds; and said funds may be used for educational purposes and may be used to pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extra curricular and interscholastic activities, including- literary events, music and athletic programs within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of education as an integral part of the total school program, and for other purposes, and when taxes are paid into the Treasury of the State the Comptroller Gen eral shall in no case receipt a tax collector for the same until that part of the tax so paid in, which was raised for school purposes, is separated in amount from the gross amount paid in. It shall be lawful to invest school funds in securities of the states, United States, municipalities of this State, or certificates of deposit."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Starr of the 44th offered the following amendment:
Amend the committee substitute to SB 579 by adding on Page 2, line 12 between the words "for" and "other" the word "no".

On the adoption of the amendment, the ayes were 38, nays 1, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the ayes were 40, 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, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 4Gth Brown of 47th Carter

Cleland Coggin Coverdell

TUESDAY, FEBRUARY 5, 1974

573

Cox Doss Eldridge Fincher Garrard Hamilton Henderson Herndon Holley Howard Hudg'ins Jackson Johnson Kennedy

Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter Skene

Smith Starr Stephens Summers Sutton Thompson Tvsinger Ward Warren Wasden Young; Zipperer

Those voting in the negative were Senators Holloway and Smalley.

Those not voting were Senators:

Dean Duncan

Gillis (presiding-) Hill

Webb

On the passage of the bill, the ayes were 49, nays 2.

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

SB 592. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Georgia Barber Act", approved April 19, 1973 (Ga. Laws 1973, p. 1457), so as to change the requirements for the issuance of licenses to practice harboring.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox

574
Duncan Eldridge Garrard Hamilton Herndon Holley Holloway Howard Hudgins Jackson Johnson Kennedy

JOURNAL OP THE SENATE,

Kidd Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter

Skene Smalley Starr Stephens Sutton Ward Warren Wasden Young Zipperer

Those voting in the negative were Senators:

Cleland Doss Henderson

Langford Summers Thompson

Tysinger

Those not voting- were Senators:

Dean Fincher

Gillis (presiding) Hill

Smith Webb

On the passage of the bill, the ayes were 43, nays 7.

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

The following bills of the House were read the first time and referred to committees:
HB 1276. By Mr. Savage of the 30th and others: A bill to provide certain standards for the construction of curbs on each side of city streets; to require curb ramps for handicapped persons.
Referred to Committee on Highways.

HB 1305. By Mr. Wheeler of the 13th:
A bill to amend Code Section 95A-959, relating to weights of vehicles and loads, so as to change certain exception provisions; to change the gross weight provisions; to provide an exception for the hauling of granite from the quarry to the processing plant.
Referred to Committee on Public Utilities and Transportation.

TUESDAY, FEBRUARY 5, 1974

575

Senator Gillis of the 20th announced the Senate would stand in recess from 12:15 o'clock P. M. until 2:00 o'clock P. M.

Senator Gillis of the 20th called the Senate to order at 2:00 o'clock P. M.

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 562. By Senators Lester of the 23rd and Doss of the 52nd:
A bill to amend Code Section 88-504.2, relating' to admission of a men tally ill person to an emergency receiving facility, as amended, so as to provide for examinations; to provide for orders; to provide for records and reports; to provide for delivery of certain persons to emergency receiving facilities; to provide for other matters relative to the fore going.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Barker Bell Brown of 47th Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Hamilton

Henderson Herndon Hill Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Those not voting were Senators:

Broun of 46th Carter Cleland Fincher Gillis (presiding) Holley

Holloway Howard Hudgins Johnson Reynolds Salter

Parker Riley Rowan Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden
Skene Ward Webb Young Zipperer

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JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 39, nays 0.

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

SB 563. By Senators Lester of the 23rd and Doss of the 52nd: A bill to amend Code Section 88-404.7, relating to admission of certain persons to emergency receiving facilities, so as to provide for custody and examination of persons appearing to be an alcoholic or drug de pendent individual; to provide for delivery of persons found to be an alcoholic or drug dependent individual to designated emergency facilities.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th
Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Henderson Herndon Hill Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Warren Wasden Young Zipperer

Those not voting were Senators:

Cleland Gillis (presiding) Holley Holloway

Howard Johnson Salter Summers

Ward Webb

On the passage of the bill, the ayes were 46, nays 0.

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

TUESDAY, FEBRUARY 5, 1974

577

SB 471. By Senator Coverdell of the 40th:
A bill to require the Governor to make an annual report to the General Assembly on his adminstration's policies and goals on certain subjects; to provide for all matters relative thereto.

Senator Coverdell of the 40th offered the following substitute:
A BILL
To be entitled an Act to require the Governor to make an annual report to the General Assembly on his administration's policies and goals on certain subjects; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) Beginning on July 1, 1975, and on such date each year thereafter, it shall be the duty of the Governor to furnish a written report to each member of the General Assembly stating his administra tion's policies and goals on the following subjects:
(1) Intellectual Development
(2) Human Development
(3) Transportation and Communications
(4) Economic Development
(5) Protection of Persons and Property
(6) Natural Environment
(7) General Government.
(b) The reports required of the Governor by subsection (a) of this Section may include any subjects in addition to those required by said subsection. Such reports may be in such form as the Governor shall de termine, and the Governor, at his discretion, may elect not to issue the report provided for herein during the last year of his term of office.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 31, nays 0, and the substitute was adopted.

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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 by substitute.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton Henderson

Herndon Hill Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Young

Those not voting were Senators:

Barker Broun of 46th Cleland Gillis (presiding) Holley

Holloway Howard Johnson Salter Skene

Ward Webb Zipperer

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Coverdell of the 40th moved that SB 471 be immediately transmitted to the House.
On the motion, the ayes were 32, nays 0; the motion prevailed, and SB 471 was immediately transmitted to the House.

TUESDAY, FEBRUARY 5, 1974

579

SB 569. By Senator Herndon of the 10th:
A bill to amend an Act known as the "Children and Youth Act", ap proved Mar. 14, 1963 (Ga. Laws 1963, p. 81), as amended, so as to change the penalty provisions relating to certain youthful offenders; to provide penalty provisions for the crime of attempted rape with respect to certain youthful offenders; to change the provisions relating to modi fication and change of final orders.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coverdell Cox Dean Doss Eldridge Fincher Garrard Hamilton Herndon

Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Young

Voting in the negative was Senator Johnson.

Those not voting were Senators:

Cleland Coggin Duncan Gillis (presiding)

Henderson Hill London Skene

Ward Webb Zipperer

On the passage of the bill, the ayes were 44, nays 1.

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

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JOURNAL OF THE SENATE,

At 2:30 o'clock P.M., the conferees on HB 78, Senators Broun of .the 46th, Zipperer of the 3rd and Skene of the 27th, had to leave the Senate floor to attend a meeting of the Conference Committee for deliberations on HB 78.

The following general bill and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 570. By Senator Herndon of the 10th:
A bill to amend Code Chapter 30-2, relating to alimony, as amended, so as to provide for attorneys' fees in certain actions for enforcement or modification of judgments relating to divorce, alimony, support or custoday of minor children; to provide an effective date.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland Coverdell Cox Dean Eldridge Fincher Garrard Hamilton Henderson Herndon

Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Young

Voting in the negative was Senator Doss.

TUESDAY, FEBRUARY 5, 1974

581

Those not voting were Senators :\

Broun of 46th Coggin Duncan Gillis (presiding)

Hill Johnson London Skene

Ward Webb Zipperer

On the passage of the bill, the ayes were 44, nays 1.

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

SR 277. By Senator Kidd of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize certain nonprofit or veterans organizations to operate bingo games; to provide that nonprofit or veterans organizations desiring to operate bingo games shall register annually with the State Revenue Commis sioner; 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 I, Section II, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, any nonprofit or veterans organization which has been in existence for a period of three years or more shall be authorized to operate bingo games. Any nonprofit or veterans organization desiring to operate bingo games shall register annually with the State Revenue Commissioner. The annual registration fee shall be twenty-five dollars ($25.00). The State Revenue Commissioner shall supply registration forms which shall contain as a minimum the following information:
(a) the name and address of the organization;
(b) the names and addresses of the current officers of the organization; and
(c) the days of the week and time when bingo games are operated and the maximum prize or jackpot offered on such days.
The operator of any bingo games must be a resident of the com munity where the organization is located and a bona fide member of the organization sponsoring such games and shall not be com-

682

JOURNAL OF THE SENATE,

pensated in any way for operating bingo games. No nonprofit or veterans organization shall be authorized to operate bingo games on Sunday. Counties and municipalities shall also be authorized to further license and regulate bingo games, and nothing contained herein shall be construed so as to limit such authority."

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 autho rize certain nonprofit or veterans organizations
( ) NO to operate bingo games and to provide that non profit or veterans organizations desiring to oper ate bingo games shall register annually with the State Revenue Commissioner?"

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 Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SR 277 by adding on Page 2, line 10, following the word "authority" the following:
"The State Revenue Commissioner is directed and authorized to promulgate such reasonable rules and regulations as may be appro priate to assure that such bingo games are conducted lawfully and in accordance with all provisions of Georgia law."
On the adoption of the amendment, the ayes were 41, nays 0, and the com mittee amendment was adopted.
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SR 277 by adding on line 19, Page 1, following the words "twenty-five dollars ($25.00)", the following:

TUESDAY, FEBRUARY 5, 1974

583

"and shall post annually with the State Revenue Commissioner a surety in a company authorized to do business in Georgia in an amount not less than $5,000, conditioned upon the payment of the State of Georgia of all taxes, charges, and fees required by law and upon compliance by such nonprofit or veterans organization, its offi cers, directors, agents, and employees with all other laws of the State of Georgia and all duly adopted regulations of administrative agencies of this State."

On the adoption of the amendment, the ayes were 40, nays 0, and the com mittee amendment was adopted.

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SR 277 by adding at the end of Page 1, following the word "days" the following:
"d. The certification of the president of such organization that no fee, charge, or other consideration will be made for the privilege of participating in such bingo games. As used herein, the word "consideration" shall be construed to include any payment of dues to such organizations which are paid or are payable more frequently than once per calendar year."

On the adoption of the amendment, the ayes were 14, nays 27, and the amend ment was lost.

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SR 277 by adding on line 5, Page 2, following the word "games" the following:
"No organization shall be granted registration by the State Revenue Commissioner of a bingo game, if any officer, director, stockholder, agent or employee thereof shall have been sentenced as for the commission of a felony, whether upon conviction or upon a plea of guilty or nolo contendere by any court of this State or of the United States or of any other State within ten years next pre ceding the application for registration."

On the adoption of the amendment, the ayes were 45, nays 0, and the amend ment was adopted.
Senator Rowan of the 8th offered the following amendment:

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JOURNAL OF THE SENATE,

Amend SR 277 by adding after the period on line 7 of Page 2 the following:

"No officer, member or employee of any organization operating a bingo game or any other person shall receive any salary, wages, reimbursement of expenses, remuneration, or compensation paid in whole or in part from the proceeds of any bingo game. No organiza tion operating a bingo game shall expend any portion of the pro ceeds of a bingo game for capital improvement on any property owned or used by such organization."

On the adoption of the amendment, Senator Rowan of the 8th called for the ayes and nays, the call was sustained, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Carter Cleland Coverdell Doss Eldridge Fincher Garrard

Hamilton Herndon Holloway Howard Hudgins Jackson Langford Moore Parker

Rowan Skene Smalley Smith Sutton Tysinger Warren Young

Those voting in the negative were Senators:

Broun of 46th Brown of 47th Coggin Cox Dean Duncan Henderson Holley

Johnson Kennedy Kidd Lester McDuffie
McGill Overby Reynolds

Riley Salter Starr Stephens Thompson Ward Wasden Zipperer

Those not voting were Senators:

Ballard Gillis (presiding)

Hill London

Summers Webb

On the adoption of the amendment, the ayes were 26, nays 24, and the amend ment offered by Senator Rowan of the 8th was adopted.

TUESDAY, FEBRUARY 5, 1974

585

Senator Coverdell of the 40th offered the following amendment:

Amend SR 277 by adding on Page 2, line 2 after the word "com munity" and before the word "where" the following:

"for one year".

On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment by Senator Coverdell of the 40th 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:

Broun of 46th Coggin Coverdell Cox Dean Duncan Fincher Garrard Hamilton Henderson Holley

Howard Hudgins Johnson Kennedy Kidd Lester McDuffie McGill Overby Parker Reynolds

Riley Salter Skene Smalley Starr Stephens Summers Tysinger Ward Wasden Zipperer

Those voting in the negative were Senators:

Barker Bell Brown of 47th Carter Cleland Doss

Eldridge Herndon Holloway Jackson Langford Moore

Rowan Smith Sutton Thompson Warren Young

Those not voting were Senators:

Ballard Gillis (presiding)

Hill London

Webb

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

586

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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 in defeating SR 277.

The following bill of the House was taken up for the purpose of considering the report of the Second Conference Committee thereto:

HB 176. By Mr. Greer of the 43rd:
A bill to provide credit for prior service to general employee and teacher members of pension systems of cities of more than 200,000 population under certain circumstances.

The report of the Second Conference Committee was as follows:

The Conference Committee on HB 176 makes the following recom mendation:

That the Senate recede from its position on the amendment creating a new Section and providing for full pension benefits for certain em ployees whose positions are abolished and accept HB 176 as passed by the House.

Respectfully submitted,

FOR THE SENATE
/s/ Jack L. Stephens Senator, 36th District
/s/ Leroy Johnson Senator, 38th District
/s/ Frank E. Coggin Senator, 35th District

FOR THE HOUSE
Is/ Peyton S. Hawes, Jr. Representative, 43rd District
/s/ John W. Greer Representative, 43rd District
/s/ Kil Townsend Representative, 24th District

Senator Stephens of the 36th moved that the report of the Conference Com mittee be adopted.
On the motion, the ayes were 36, nays 0; the motion prevailed, and the report of the Second Conference Commiteee on HB 176 was adopted.

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.

WEDNESDAY, FEBRUARY 6, 1974

587

Senate Chamber, Atlanta, Georgia Wednesday, February 6, 1974

The Senate met pursuant to adjournment at 9:30 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 pro ceedings had been read and found correct.

Senator Johnson of the 38th moved that the Senate reconsider its action of February 5 in passing the following bill of the Senate:

SB 440. By Senator Bell of the 5th:
A bill to prohibit municipal or county governments from requiring em ployees to be residents of the municipality or county.

On the motion, 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:

Barker Broun of 46th Brown of 47th Carter Dean Doss Fincher Gillis Hamilton Holley

Holloway Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill

Riley Salter Skene Stephens Summers Ward Webb Zipperer

Those voting in the negative were Senators:

Bell Coggin Coverdell Duncan Eldridge Garrard

Henderson Herndon Howard Moore Overby Parker

Reynolds Rowan Starr Sutton Thompson Tysinger

588

JOURNAL OP THE SENATE,

Those not voting were Senators:

Ballard Cleland Cox Hill

Hudgins Smalley Smith Warren

Wasden Young

On the motion to reconsider, the ayes were 28, nays 18; the motion prevailed, and SB 440 was placed on the Senate Calendar.

Senator Kidd of the 25th moved that the Senate reconsider its action of February 5 in defeating the following resolution of the Senate:

SR 277. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to au thorize certain nonprofit or veterans organizations to operate bingo games; to provide that nonprofit or veterans organizations desiring to operate bingo games shall register annually with the State Revenue Commissioner.

On the motion to reconsider, Senator Henderson of the 33rd called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Brown of 47th Coggin Coverdell Cox Dean Doss Duncan Fincher Gillis Hamilton

Henderson Holley Jackson Johnson Kennedy Kidd Langford London McDuffie McGill Moore

Overby Parker Reynolds Riley Salter Skene Starr Stephens Summers Ward Zipperer

Those voting in the negative were Senators:

Bell Carter

Eldridge Garrard

Herndon Holloway

WEDNESDAY, FEBRUARY 6, 1974

589

Howard Rowan Sutton

Thompson Tysinger Warren

Webb

Those not voting were Messrs.:

Ballard Broun of 46th Cleland Hill

Hudgins Lester Smalley Smith

Wasden Young

On the motion, the ayes were 33, nays 13; the motion prevailed, and SR 277 was placed on the Senate calendar.

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

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 1690. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th:
A bill to amend an Act placing the Sheriff of Pierce County on an annual salary; so as to change the compensation provisions relating to the Sheriff.

HB 1691. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th:

A bill to abolish the present mode of compensating the Tax Collector of

Pierce County, known as the fee system; to provide in lieu thereof an

annual salary.

,

HB 1692. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th:
A bill to abolish the present mode of compensating the Tax Receiver of Pierce County, known as the fee system; to provide in lieu thereof an annual salary.

590

JOURNAL OF THE SENATE,

HB 1693. By Messrs. Wheeler and Grantham of the 127th and Harrison of the 116th:
A bill to amend an Act creating a Board of Commissioners of Pierce County, so as to change the compensation of the Chairman and the mem bers of the Board of Commissioners of Pierce County.

HB 1699. By Messrs. Rush of the 104th and Eraser of the 117th:
A bill to amend an Act establishing the Commissioners of Roads and Reve nues for Long County, so as to change the compensation of the commis sioners.

HB 1709. By Mr. Carr of the 90th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Glascock County, so as to change the compensation of the Tax Commissioner.

HB 1710. By Mr. Carr of the 90th:
A bill to provide for a supplement to the compensation of the Ordinary of Glascock County to be paid out of the funds of Glascock County.

HB 1721. By Messrs. Adams and Smith of the 74th:
A bill to amend an Act creating a Small Claims Court in certain counties (population not less than 23,500 and not more than 24,100), so as to change the population figures and census contained therein; to change the jurisdiction of said courts.

HB 1724. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act placing the Tax Commissioner of Glynn County on an annual salary, so as to change the provisions for an increase in com pensation of the tax commissioner based on length of service; to permit the tax commissioner to continue to receive certain fees and commissions after the effective date of this Act.

HB 1316. By Messrs. Jordan of the 58th and Farrar of the 52nd:
A bill to amend an Act entitled "The Act Creating the Public School Em ployees' Retirement System", so as to require local units of administration to submit in advance the names of members who will retire or be eligible for retirement.

WEDNESDAY, FEBRUARY 6, 1974

591

HB 1379. By Messrs. Snow of the 1st, Levitas of the 50th, Hawes of the 43rd and others:
A bill to amend an Act comprehensively and exhaustively revising, super seding and modernizing pretrial, trial and certain post trial procedures in civil cases, known as the "Georgia Civil Practice Act", so as to strike the provision which repeals Code Section 81-214; to amend Code Chapter 81-2, relating to process and service thereof, as amended.

HB 1380. By Messrs. Snow of the 1st, Morgan of the 70th and Tucker of the 69th:
A bill to amend Code Title 27, relating to criminal procedure, so as to pro vide for discovery and inspection in criminal cases; to provide for orders; to provide for the inspection, copying and photographing of relevant re sults of reports of physical or mental examinations and of scientific tests or experiments made in connection with the case, or copies thereof, within the possession, custody or control of the State's prosecution attorney.

HB 1448. By Messrs. Walker of the 100th, Snow of the 1st, Groover of the 75th and others:
A bill to authorize each municipal corporation of this State, in its discre tion, to purchase liability insurance or contracts of indemnity for members of governing bodies of such municipal corporations, municipal officers and employees; to authorize such municipal corporations to defend civil and criminal actions in certain instances and to pay costs therewith.

HB 1457. By Messrs. Murphy of the 18th, Floyd of the 5th, Howard of the 19th, and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer".

HB 1458. By Messrs. Murphy of the 18th, Floyd of the 5th, Buck of the 87th and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide that in the event a member, with a wife then living, is unable to choose an option payment and complete an application be cause of death, mental incompetency or other providential cause, option two shall become effective.

HB 1506. By Messrs. Irvin of the 23rd, Smith of the 42nd and Snow of the 1st:
A bill to amend an Act known as the "Uniform Reciprocal Enforcement of Support Act", so as to provide for reciprocal enforcement of support with any province or territory of the Dominion of Canada.

592

JOURNAL OF THE SENATE,

HB 1514. By Mr. McDonald of the 12th:
A bill to amend an Act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to redefine the term "volunteer firemen"; to change the powers of the Board of Trustees of said Fund.

HB 205. By Mr. Alexander of the 38th:
A hill to authorize service outside the corporate limits of any city by certain city employees of certain city process, summons and other departmental documents.
HB 473. By Mr. McKinney of the 35th and Mrs. Clark of the 55th: A bill to amend the Criminal Code of Georgia to make the crime of carrying a pistol or revolver without a license a felony and to increase the punish ment upon conviction of such crime.

SB 507. By Senator Webb of the llth:
A bill to repeal an Act providing for a referendum to abolish the State Court of Miller County (formerly the City Court of Miller County) ; to provide an effective date.

HB 1344. By Messrs. Oxford of the 101st, Bostick of the 123rd, Carr of the 90th and others:
A bill to amend an Act creating the Board of Trustees of the Joint Mu nicipal Employees' Retirement System and providing for the establishment of a Joint Municipal Retirement System, so as to authorize coverage of employees of municipal authorities as defined herein.

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

HR 483. By Messrs. Walker of the 100th and Grahl of the 88th:
A resolution authorizing the conveyance of certain real estate located in the City of Montezuma in Macon County.

HR 568. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty County.

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593

HR 569. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th:
A resolution proposing an amendment to the Constitution so as to abolish the office of tax commissioner of the County of Dougherty.

The House has agreed to the Senate amendment to the following bill of the House, to-wit:

HB 1309. By Messrs. Johnson, Lee, Bailey and Northcutt of the 68th:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide that real estate salesmen shall furnish evidence of completion of thirty in-class hours in a course of study approved by the Commission or, in lieu thereof, a correspondence course approved by the Commission, or furnish a certificate that he has successfully completed at least 15 credit hours in subjects related to real estate at an accredited college.

The House has agreed to the Senate substitute to the following resolution of the House, to-wit:
HR 147. By Messrs. Hill of the 41st and Smith of the 42nd: A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of College Park who are under the age of 65 in the amount of $2,000.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit.

SB 448. By Senators Reynolds of the 48th and Holloway of the 12th: A bill to amend the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that the maximum speed limit upon any street or highway in this State shall not exceed 55 miles per hours; to provide an effective date.
The House has adopted the following resolution of the Senate, to-wit:

SR 314. By Senator Coggin of the 35th:
A resolution designating a certain portion of State Route 400 as the "Turner McDonald Parkway".

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JOURNAL OP THE SENATE,

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

HR 603. By Mr. Irvin of the 23rd: A resolution expressing sympathy to the parents of Master Chuck Gantt.

HR 613. By Messrs. Connell of the 80th, Miles of the 79th, Dent of the 78th and others:
A resolution relative to the State Patrol policing the State and Federal highways located within Richmond County.

HR 614. By Messrs. Peters of the 2nd and Hays of the 1st: A resolution commending the Reverend Bob Sessum.

HR 15. By Messrs. Peters of the 2nd and Hays of the 1st: A resolution commending the Post Volunteer Fire Department of Rossville.
HR 616. By Messrs. Peters of the 2nd and Hays of the 1st: A resolution commending Mr. George Hackler.

HR 617. By Messrs. Peters of the 2nd and Hays of the 1st: A resolution commending the Rebel Restaurant, Fort Oglethorpe.

HR 618. By Messrs. Peters of the 2nd and Hays of the 1st: A resolution commending Mr. Jimmy Sampley.

HR 619. By Messrs. Peters of the 2nd and Hays of the 1st: A resolution commending the Jorges Carpet Mills, Inc.

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

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595

SB 631. By Senator Starr of the 44th:
A bill to amend an Act known as the "Cooperative Educational Service Agencies Act", so as to change the provisions relative to financing Cooper ative Educational Service Agencies.
Referred to Committee on Elementary and Secondary Education.

SB 632. By Senator Kennedy of the 4th:
A bill to amend an Act authorizing Evans County to pay the ordinary of said County a monthly allowance in addition to fees, as amended, so as to change the amount of said monthly allowance.
Referred to Committee on County and Urban Affairs.

SB 633. By Senator London of the 50th:
A bill to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, so as to change the provisions relating to membership of area planning and development commissions; to provide for minimum representation on area planning and development commissions; to provide for terms of office of certain members of area planning and development commissions.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 634. By Senators London of the 50th and Kidd of the 25th:
A bill to amend Code Chapter 114-4, relating to the amount, computation and payment of compensation under the Workmen's Compensation Act, as amended, so as to provide for additional benefits to dependents of fire men, members of a rescue squad and law enforcement officers killed in the line of duty; to define certain terms; to provide for payments and the determination as to whom paid; to provide for the conclusiveness of the award.
Referred to Committee on Industry and Labor.

SB 635. By Senators Starr of the 44th, Sutton of the 9th and Young of the 13th:
A bill to amend Code Section 24-822, relating to constables' powers to ar rest, so as to provide that constables shall not have, nor shall they exer cise, any power of arrest, with or without a warrant, for offenses against the criminal laws of this State unless they have met all requirements and have been certified under the provisions of the "Georgia Peace Officer Standards and Training Act", as the same may now or hereafter be amended.
Referred to Committee on Special Judiciary.

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JOURNAL OF THE SENATE,

SB 636. By Senators Starr of the 44th, Sutton of the 9th and Young of the 13th:
A bill to amend Code Chapter 27-1, relating to proceedings prior to arrest, the making of affidavits and the issuing of warrants, as amended, so as to change the provisions relating to the information which a warrant for arrest must contain; to provide for other matters relative thereto.
Referred to Committee on Special Judiciary.

SB 637. By Senators Starr of the 44th, Sutton of the 9th and Young of the 13th:
A bill to amend the "Georgia Peace Officer Standards and Training Act", as amended, so as to authorize the Georgia Peace Officer Standards and Training Council to certify constables as peace officers and as hav ing met the requirements for employment as peace officers.
Referred to Committee on Special Judiciary.

SB 638. By Senators Starr of the 44th, Sutton of the 9th and Young of the 13th:
A bill to amend Code Chapter 24-8, relating to constables, as amended, so as to change the provisions relating to fees of constables of the militia districts; to repeal the provisions relating to fees for delivering prisoners to jailers; to provide for other matters relative to the foregoing.
Referred to Committee on Special Judiciary.

SB 639. By Senators Starr of the 44th, Sutton of the 9th and Young of the 13th:
A bill to amend Code Chapter 24-16, relating to fees for justices of the peace, as amended, so as to change the fees of justices of the peace.
Referred to Committee on Special Judiciary.

SB 640. By Senators Starr of the 44th, Sutton of the 9th and Young of the 13th:
A bill to amend Code Chapter 27-1, relating to proceedings prior to arrest, as amended, so as to provide for the issuance of a criminal affidavit and summons by justices of the peace in lieu of the issuance of warrants for arrest; to provide for notices and summons; to provide for service; to provide for hearings; to provide for the assessment of costs; to provide for forms.
Referred to Committee on Special Judiciary.
SB 641. By Senator Lester of the 23rd:
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value", as amended, so as to provide that the tax assessors shall consider certain criteria in determining fair market value of real prop erty.
Referred to Committee on Banking and Finance.

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597

SB 642. By Senator Smith of the 34th:
A bill to amend Title 34A, relating to municipal elections, as amended, so as to change the time within which registrars shall cease taking applica tions for registrations; to provide for the publication of notices of spe cial elections; to provide the procedures connected therewith.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 643. By Senators Stephens of the 36th, Garrard of the 37th and Langford of the 51st:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to provide that certain fraudulent attempts to obtain or the actual fraudulent obtaining of refunds are unlawful; to provide a penalty.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 644. By Senator McDuffie of the 19th:
A bill to amend an Act to implement the requirements of the Federal Intergovernmental Cooperation Act of 1968, so as to restrict the locations of headquarters facilities established by Area Planning and Development Commissions. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
SR 338. By Senators Salter of the 17th, Hamilton of the 26th, Johnson of the 38th and others. A resolution opposing the construction of the Spewrell Bluff Dam Project authorized by Public Law 88-233, approved December 30, 1963.
Referred to Committe on Natural Resources and Environmental Quality.

SR 341. By Senator Hudgins of the 15th: A resolution creating the Tourism Study Committee.
Referred to Committee on Rules.

SR 342. By Senator Bell of the 5th:
A resolution creating the Reserve Officer Training Corps Study Com mittee.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE,

SR 344. By Senators McDuffie of the 19th and Barker of the 18th:
A resolution authorizing the conveyance of certain State-owned real prop erty located in Pulaski County, Georgia.
Referred to Committee on Public Utilities and Transportation.

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

HB 1690. By Messrs. Wheeler and Grantham of the 127th and Harrison of the 116th:
A bill to amend an Act placing the Sheriff of Pierce County on an annual salary, so as to change the compensation provisions relating to the sheriff.
Referred to Committee on County and Urban Affairs.

HB 1691. By Messrs. Wheeler and Grantham of the 127th and Harrison of the 116th:
A bill to abolish the present mode of compensating the Tax Collector of Pierce County, known as the fee system; to provide in lieu thereof an an nual salary.
Referred to Committee on County and Urban Affairs.

HB 1692. By Messrs. Wheeler and Grantham of the 127th and Harrison of the 116th:
A bill to abolish the present mode of compensating the Tax Receiver of Pierce County, known as the fee system; to provide in lieu thereof an an nual salary.
Referred to Committee on County and Urban Affairs.

HB 1693. By Messrs. Wheeler and Grantham of the 127th and Harrison of the 116th:
A bill to amend an Act creating a Board of Commissioners of Pierce County, so as to change the compensation of the Chairman and the mem bers of the Board of Commissioners of Pierce County.
Referred to Committee on County and Urban Affairs.

HB 1699. By Messrs. Rush of the 104th and Fraser of the 117th:
A bill to amend an Act establishing the Commissioners of Roads and Reve nues for Long County, so as to change the compensation of the commission ers.
Referred to Committee on County and Urban Affairs.

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599

HB 1709. By Mr. Carr of the 90th:
A bill to amend an Act consolidating the office of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commissioner of Glascock County, so as to change the compensation of the Tax Com missioner.
Referred to Committee on County and Urban Affairs.

HB 1710. By Mr. Carr of the 90th:
A bill to provide for a supplement to the compensation of the Ordinary of Glascock County to be paid out of the funds of Glascock County.
Referred to Committee on County and Urban Affairs.

HB 1721. By Messrs. Adams and Smith of the 74th:
A bill to amend an Act creating a Small Claims Court in certain counties (population not less than 23,500 and not more than 24,100), so as to change the population figures and census contained therein; to change the juris diction of said courts.
Referred to Committee on County and Urban Affairs.

HB 1724. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act placing the Tax Commissioner of Glynn County on an annual salary, so as to change the provisions for an increase in compen sation of the tax commissioner based on length of service; to permit the tax commissioner to continue to receive certain fees and commissions after the effective date of this Act.
Referred to Committee on County and Urban Affairs.

HB 205. By Mr. Alexander of the 38th:
A bill to authorize service outside the corporate limits of any city by certain city employees of certain city process, summons and other depart mental documents.
Referred to Committee on County and Urban Affairs.

HB 473. By Mr. McKinney of the 35th and Mrs. Clark of the 55th:
A bill to amend the Criminal Code of Georgia to make the crime of car rying a pistol or revolver without a license a felony and to increase the punishment upon conviction of such crime.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

HB 1316. By Messrs. Jordan of the 58th and Farrar of the 52nd:
A bill to amend an Act entitled "The Act Creating the Public School Employees' Retirement System", so as to require local units of admin istration to submit in advance the names of members who will retire or be eligible for retirement.
Referred to Committee on Retirement.

HB 1344. By Messrs. Oxford of the 101st, Bostick of the 123rd, Wood of the 9th and others:
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 authorize cover age of employees of municipal authorities as defined herein.
Referred to Committee on Retirement.

HB 1379. By Messrs. Snow of the 1st, Levitas of the 50th, Hawes of the 43rd,
A bill to amend an Act comprehensively and exhaustively revising, super seding and modernizing pretrial, trial and certain post trial procedures in civil cases, known as the "Georgia Civil Practice Act", so as to strike the provision which repeals Code Section 81-214; to amend Code Chapter 81-2, relating to process and service thereof, as amended.
Referred to Committee on Judiciary.
HB 1380. By Messrs. Snow of the 1st, Morgan of the 70th, Groover of the 75th and Tucker of the 69th:
A bill to amend Code Title 27, relating to criminal procedure, so as to provide for discovery and inspection in criminal cases; to provide for or ders; to provide for the inspection, copying and photographing of relevant results of reports of physical or mental examinations and of scientific tests or experiments made in connection with the case, or copies thereof, within the possession, custody or control of the State's prosecution attorney.
Referred to Committee on Judiciary.
HB 1448. By Messrs. Walker of the 100th, Snow of the 1st, Groover of the 75th, and others:
A bill to authorize each municipal corporation of this State, in its discre tion, to purchase liability insurance or contracts of indemnity for mem bers of governing bodies of such municipal corporations, municipal offi cers and employees; to authorize such municipal corporations to defend civil and criminal actions in certain instances and to pay costs therewith.
Referred to Committee on Banking and Finance.

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601

HB 1457. By Messrs. Murphy of the 18th, Ployd of the 5th, Howard of the 19th and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer".
Referred to Committee on Retirement.

HB 1458. By Messrs. Murphy of the 18th, Floyd of the 5th, Howard of the 19th, and others:
A hill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide that in the event a member, with a wife then living, is unable to choose an option payment and complete an application because of death, mental incompetency or other providential cause, option two shall become effective.
Referred to Committee on Retirement.

HB 1506. By Messrs. Irvin of the 23rd, Smith of the 42nd and Snow of the 1st:
A bill to amend an Act known as the "Uniform Reciprocal Enforcement of Support Act", so as to provide for reciprocal enforcement of support with any province or territory of the Dominion of Canada.
Referred to Committee on Judiciary.

HB 1514. By Mr. McDonald of the 12th:
A bill to amend an Act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to re define the term "volunteer firemen"; to change the powers of the Board of Trustees of said Fund.
Referred to Committee on Retirement.

HR 483. By Messrs. Walker of the 100th and Grahl of the 88th:
A resolution authorizing the conveyance of certain real estate located in the City of Montezuma in Maeon County.
Referred to Committee on Public Utilities and Transportation.

HR 568. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty County.
Referred to Committee on County and Urban Affairs.

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JOURNAL OP THE SENATE,

HR 569. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th:
A resolution proposing an amendment to the Constitution so as to abolish the office of tax commissioner of the County of Dougherty.
Referred to Committee on County and Urban Affairs.

HR 613. By Messrs. Connell of the 80th, Miles of the 79th and others: A resolution relative to the State Patrol policing the State and Federal highways located within Richmond County.
Referred to Committee on Highways.
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 fol lowing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 588. Do pass.

SB 589. Do pass.

SB 593. Do pass.

SB 600. Do pass.

SB 625. Do pass.

HB 91. Do pass.

HB 1100. Do pass.

HB 1108. Do pass.

HB 1303. Do pass.

Respectfully submitted,

Holley of 22nd District,

Chairman,

Senator Jackson of the 16th District, Chairman of the Committee on Business, Trade and Commerce, submitted the following report:
Mr. President:
Your Committee on Business, Trade and Commerce has had under consideration the following resolution of the House and has instructed me, as Chairman, to report

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603

the same back to the Senate with the following recommendation:

HR 583. Do pass.

Respectfully, submitted,

Jackson of 16th District,

Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

HB 1343. Do pass.

HB 1488. Do pass.

HB 1489. Do pass.

HB 1490. Do pass.

HB 1491. Do pass.

HB 1492. Do pass.

HB 1635. Do pass.

HB 1644. Do pass.

HB 1646. Do pass.

HB 1648. Do pass.

HB 1649. Do pass.

HB 1650. Do pass.

HB 1654. Do pass.

HB 1655. Do pass.

HB 1662. Do pass.

HB 1663. Do pass.

HB 1673. Do pass.

HB 1674. Do pass.

HB 1679. HB 1683. HB 1686. HR 563.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

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JOURNAL OF THE SENATE,

Senator Hudgins of the 15th 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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:

SR 328. Do pass.

Respectfully submitted,

Hudgins of 15th District,

Chairman.

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:

Mr. President:

Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following resolutions of the Senate and has in structed me, as Chairman, to report the same back to the Senate with the fol lowing recommendations:

SR 320. Do not pass.

SR 324. Do pass.

Respectfully submitted,

Kidd of 25th District,

Chairman.

Senator Lester of the 23rd District, Chairman of the Committee on Institu tions and Mental Health, submitted the following report:

Mr. President:

Your Committee on Institutions and Mental Health has had under considera tion the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 601. Do pass.

SB 607. Do pass.

SB 611. Do pass.

SB 617. Do pass.

Respectfully submitted,

Lester of 23rd District,

Chairman.

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605

Senator Johnson of the 38th District, Chairman of the Committee on Judici ary, submitted the following report:

Mr. President:

Your Committee on Judiciary has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1304. Do pass.
Respectfully submitted,
Johnson of 38th District,
Chairman.

Senator Johnson of the 38th District, Chairman of the Committee on Judici ary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 604. Do pass by substitute.
Respectfully submitted, Johnson of 38th District, Chairman.

Senator Kennedy of the 4th District, Chairman of the Committee on Penal and Correctional Affairs, submitted the following report:
Mr. President:
Your Committee on Penal and Correctional Affairs has had under considera tion the following bills of the Senate and House and has instructed me, as Chair man, to report.the same back to the Senate with the following recommendations:
SB 572. Do pass.
HB 1455. Do pass. Respectfully submitted, Kennedy of 4th District, Chairman.

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JOURNAL OF THE SENATE,

Senator Coverdell of the 40th District, Chairman of the Committee on Re tirement, 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 446. Do pass.
SB 485. Do pass as amended. SR 283. Do pass. HB 58. Do pass by substitute.
Respectfully submitted, Coverdell of 40th District, Chairman.

Senator Stephens of the 36th District, Chairman of the Committee on Tem perance, submitted the following report:
Mr. President:
Your Committee on Temperance has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 581. Do pass SB 551. Do pass by substitute. SB 618. Do pass. HB 1391. Do pass.
Respectfully submitted, Stephens of 36th District, Chairman.

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

HB 1343. By Mr. Harris of the 51st:
A bill to amend Code Title 59, relating to juries, so as to provide for investigative grand juries, so as to provide for investigative grand juries in certain counties (population of not less than 400,000 or more than 600,000).

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607

HB.1488. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
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 compensation of the tax commissioner.

HB 1489. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Walker County, so as to change the compensation of the clerk of the superior court of Walker County.

HB 1490. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
A bill to amend an Act placing the Ordinary of Walker County on a salary basis, so as to change the compensation of the ordinary of Walker County.

HB 1491. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
A bill to amend an Act placing the sheriff of Walker County upon an annual salary, so as to change the compensation of the Sheriff of Walker County.

HB 1492. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
A bill to amend an Act creating the office of Commissioner of Walker County, so as to change the compensation and traveling expenses of the commissioner.

HB 1635. By Mr. Shanahan of the 7th:
A bill to amend an Act providing a new charter for the City of Calhoun, so as to define the corporate limits of said City; to delete certain pro visions relative to the annexation of territory.

HB 1644. By Messrs. Buck of the 87th, Davis of the 85th, Adams of the 84th, and others:
A bill to amend an Act providing for alternative times for making tax returns in all counties of this State having a population of not less than 170,000 nor more than 200,000, which are authorized by law or consti tutional amendment to operate a joint tax receiving or tax assessing program with any other political subdivisions, so as to change the popu lation figures and the census contained therein.

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JOURNAL OF THE SENATE,

HB 1646. By Messrs. Hudson, Dorminy and Rainey of the 115th:
A bill to amend an Act incorporating the City of Ocilla, so as to provide that aldermen must resign from office prior to qualifying as candidates for the office of mayor of the City of Ocilla under certain conditions.

HB 1648. By Messrs. Alien of the 108th, Gignilliat of the 105th, Ellis of the 107th and others:
A bill to amend an Act incorporating the City of Savannah Beach, Tybee Island, in the County of Chatham and State of Georgia, so as to change the corporate limits of said city; to regulate taxation in areas added to the corporate limits; to provide for a referendum.

HB 1649. By Messrs. Rush of the 104th and Brantley of the 92nd:
A bill to amend an Act establishing the State Court of Tattnall County (formerly the City Court of Reidsville), so as to change the salary of the judge of said court.

HB 1650. By Messrs. Rush of the 104th and Brantley of the 92nd:
A bill to amend an Act establishing the State Court of Tattnall County (formerly the City Court of Reidsville), so as to change the title and compensation of the solicitor of said court.

HB 1654. By Messrs. Bennett, Patten and Reaves of the 124th:
A bill to amend an Act incorporating the Town of Dasher, so as to pro vide powers for the Town Council relative to levy and collection of ad valorem taxes; to require the use of the Lowndes County Tax Assessor's property valuation for levying taxes.

HB 1655. By Mr. Groover of the 75th:
A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, so as to change the name of the police court of said city; to provide for a re corder of said court.

HB 1662. By Mr. Willis of the 119th:
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 provisions relative to the sheriff's duties and other employees.

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609

HB 1663. By Messrs. Bohannon and Patterson of the 64th:
A bill to provide the method of filling vacancies in the membership of the Carroll City-County Hospital Authority.

HB 1673. By Mr. Castleberry of the 96th:
A bill to amend an Act placing the sheriff of Webster County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to personnel employed by the sheriff.

HB 1674. By Mr. Castleberry of the 96th:
A bill to amend an Act creating the office of Commissioner of Stewart County, so as to change the provisions relating to the clerk of the com missioner, and the compensation of the clerk.

HB 1679. By Mr. Fraser of the 117th:
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.

HB 1683. By Messrs. Strickland and Harrison of the 116th:
A bill to amend an Act to create a small claims court in certain counties of the State having a population of not less than 8,905 and not more than 8,920, so as to change the population category within which said court is created.

HB 1686. By Messrs. Patterson and Bohannon of the 64th, Mullinax of the 65th and others:
A bill to reincorporate the Town of Centralhatchee in the County of Heard and State of Georgia; to create a new charter for the town.

HR 563. By Messrs. Strickland and Harrison of the 116th:
A resolution proposing an amendment to the Constitution, so as to authorize taxation and the expenditure of public funds by the governing authority of Appling County for the development of trade, commerce, industry, and employment opportunities within Appling County.

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JOURNAL OP THE SENATE,

SB 551. By Senator Bell of the 5th:
A bill to amend an Act making it unlawful for any person to employ persons under 18 years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale, approved Mar. 25, 1958 (Ga. Laws 1958, p. 640), as amended, so as to authorize the employment of persons under 18 years of age in grocery stores where beer or wine, or both, are sold but not consumed on the premises.

SB 581. By Senator Zipperer of the 3rd:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", approved Feb. 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to authorize the sale of distilled spirits and alcoholic beverages for consumption on the premises in certain counties and municipalities.

SB 618. By Senators Wasden of the 2nd and Riley of the 1st:
A bill to provide that in all counties of this State having a population of not less than 168,000 and not more than 196,000 according to the U. S. Decennial Census of 1970 or any future such census, and in all municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully autho rized, such sales for consumption on the premises shall be authorized during certain hours.

SR 328. By Senators Hudgins of the 15th, Coggin of the 35th and Riley of the 1st:
A resolution relative to veteran's drivers' licenses.

HB 1391. By Mr. Burruss of the 21st:
A bill to amend an Act regulating employment of children, so as to provide that certain minors can work in wholesale and retail stores.

HR 583. By Messrs. McDaniell, Nix and Duke of the 20th and others: A resolution pertaining to standard time.

SB 572. By Senator Lester 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, approved Feb. 20, 1956, as amended, so as to provide that any guard, warden or deputy warden of any State prison or county correctional institution

WEDNESDAY, FEBRUARY 6, 1974

611

operated under the supervision of the State Board of Corrections shall have certain police and arrest powers, including the power to carry weapons.

HB 1455. By Mr. Rush of the 104th and others:
A bill to amend an Act known as the "Georgia Correctional Industries Act", so as to change the composition of the Georgia Correctional In dustries Administration.

SB 446. By Senator Duncan of the 30th:
A bill to amend an Act creating a Retirement System for Teachers, approved Mar. 19, 1943 (Ga. Laws 1943, p. 640), as amended, particu larly by an Act approved Apr. 12, 1968 (Ga. Laws 1968, p. 1405), so as to provide additional circumstances under which members of the System may establish prior service credit.

SB 485. By Senators Fincher of the 54th, McGill of the 24th, Young of the 13th and others:
A bill to amend an Act creating the Public School Employees Retirement System, approved Apr. 30, 1969 (Ga. Laws 1969, p. 998), as amended, so as to authorize certain persons to be employed as public school em ployees, to become members and to establish prior service credits under the Retirement System; to provide for a procedure for establishing such prior service credits.

SB 601. By Senator Lester of the 23rd:
A bill to amend an Act providing for the payment of the cost of care of persons admitted or committed to State institutions which come under the management and control of the Georgia Department of Human Resources, approved Mar. 23, 1960 (Ga. Laws 1960, p. 1138), as amended, so as to change the definition of certain terms; to provide that any person voluntarily admitted or committed to a State institution shall pay his cost of care.

SB 607. By Senator Cleland of the 55th:
A bill to amend an Act approved Mar. 30, 1937 (Ga. Laws 1937, p. 579), as amended, relating to the creation and operation of a factory for blind persons, so as to change the name of the Ga. Factory for the Blind to Ga. Industries for the Blind; to repeal Section 5 thereof relating to the board of managers of said factory.

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JOURNAL OF THE SENATE,

SB 611. By Senator Herndon of the 10th:
A bill to amend Code Section 88-508.2 of the Georgia Health Code, re lating to payment of members of the examining committee and the at torney appointed to represent the patient, as amended, particularly by an Act approved April 21, 1969 (Ga. Laws 1969, p. 505); to provide an effective date.

SB 617. By Senators Barker of the 18th and Kidd of the 25th:
A bill to amend Code Chapter 88-4 of the Georgia Code Annotated re lated to rehabilitation of alcoholics and drug dependent individuals (Ga. Laws 1971, p. 273 et. seq.) to provide options for the diversion of selected drug offenders to treatment; to provide certain definitions.

SR 283. By Senators Stephens of the 36th, Johnson of the 38th, Coggin of the 35th and others:
A resolution proposing an amendment to the Constitution so as to autho rize the General Assembly to provide by law, from time to time, for the increase of retirement or pension benefits of retired public school teach ers who retired pursuant to a retirement or pension system of a county, municipality or local board of education.

HB 58. By Messrs. Harrington of the 93rd, Roach of the 8th, Farrar of the 52nd and Phillips of the 73rd:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to remove the provision relative to age in connection with retirement with 35 years' service.

SB 588. By Senators Warren of the 43rd, Doss of the 52nd, London of the 50th and Coggin of the 35th:
A bill to amend Code Section 92-6911, relating to the duties of the board of tax assessors, as amended, particularly by an Act approved Mar. 3, 1971 (Ga. Laws 1971, p. 33) so as to require that the notice of changes made by the board of tax assessors which are made on property under construction shall contain certain additional information; to provide for an effective date.

SB 589. By Senator Duncan of the 30th:
A bill to amend Code Title 57, relating to interest and usury, as amended, so as to change the maximum rate of interest on certain loans; to change the maximum rate of interest on real estate loans; to provide an effective date.

WEDNESDAY, FEBRUARY 6, 1974

613

SB 593. By Senator Kidd of the 25th:
A bill to exempt from all ad valorem taxation for educational purposes, levied by any county or independent school district, the homestead of any resident of such county or independent school district who is 62 years of age or older, and who has income from all sources, including income from all sources of all members of his family, not exceeding $6,000.00 per annum.

SB 600. By Senator Coggin of the 35th:
A bill to amend Code Section 109-502, relating to the unauthorized use of the terms "trust" or "trust company", so as to provide that a corpo ration lawfully owning the majority of the voting stock of any corpora tion duly authorized under the laws of this State to do a trust business in this State shall not be subject to any of the prohibitions, or re strictions, on the use of the word "trust" or the use of the phrase "trust company".

SB 625. By Senator Riley of the 1st:
A bill to amend an Act approved Apr. 13, 1973 (Ga. Laws 1973, p. 750), and known as the "Georgia State Financing and Investment Commission Act"; to declare the Ga. State Financing and Investment Commission to be an agency and instrumentality of the State of Georgia; to provide that appropriations for general obligation debt will not immediately lapse if only a portion of the debt authorized by the General Assembly is issued by the Ga. State Financing and Investment Commission.

HB 91. By Mr. Levitas of the 50th:
A bill to provide that no bank, lending company, financial institution, retail installment seller, or person extending credit may discriminate or provide requirements which discriminate in the extending of credit or the making of loans on the basis of sex, race, religion or marital status.

HB 1100. By Mr. Davis of the 85th:
A bill to amend Section 92-3113 of the Code of Georgia of 1933, so as to provide for the clarification of the Three Factor Ratio so that the payroll factor conforms to the Uniform Division of Income for Tax Purposes Act and the Multistate Tax Compact.

HB 1108. By Mr. Cole of the 6th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that when any dealer shall fail to make any return where wilful intent to defraud the State exists shall pay a specific penalty of 50% of the tax bill.

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JOURNAL OP THE SENATE,

HB 1303. By Mr. Levitas of the 50th:
A bill to amend an Act known as "The Municipal Home Rule Act of 1965", so as to change the provisions relative to fixing the compensation of members of the governing authorities of municipalities.

SR 324. By Senators Coggin of the 35th, Coverdell of the 40th, Riley of the 1st and others:
A resolution proposing an amendment to the Constitution so as to authorize and direct the General Assembly to provide by law for a con stitutional convention; to provide for the submission of this amendment for ratification or rejection.

HB 1304. By Messrs. Buck of the 87th, Berry of the 86th, Pearce of the 87th and Thompson of the 86th:
A bill to amend an Act providing a supplement to the salary of the Dis trict Attorney of the Chattahoochee Judicial Circuit, so as to delete therefrom the limitations upon the amount of the supplement specified.

The following resolutions of the Senate and House were read and adopted:

SR 343. By Senators Stephens of the 36th, Garrard of the 37th, Langford of the 51st and others:
A resolution relative to the documentary film on the bail bond system in Georgia.

SR 346. By Senator Brown of the 47th: A resolution commending the Elbert County Chamber of Commerce.

SR 345. By Senator Duncan of the 30th: A resolution commending the West Georgia College basketball team.

SR 347. By Senator Kidd of the 25th:
A resolution urging the citizens of Georgia to support the "Stop Drugs at the Source" program.

HR 614. By Messrs. Peters of the 2nd and Hays of the 1st: A resolution commending the Reverend Bob Sessum.

WEDNESDAY, FEBRUARY 6, 1974

615

HR 615. By Messrs. Peters of the 2nd and Hays of the 1st:
A resolution commending the Post Volunteer Fire Department of Rossville.

HR 616. By Messrs. Peters of the 2nd and Hays of the 1st: A resolution commending Mr. George Hackler.

HR 619. By Messrs. Peters of the 2nd and Hays of the 1st: A resolution commending the Jorges Carpet Mills, Inc.

HR 603. By Mr. Irvin of the 23rd: A resolution expressing sympathy to the parents of Master Chuck Gantti

HR 617. By Messrs. Peters of the 2nd and Hays of the 1st: A resolution commending the Rebel Restaurant, Fort Oglethorpe.

HR 618. By Messrs. Peters of the 2nd and Hays of the 1st: A resolution commending Mr. Jimmy Sampley.

The President ordered the morning roll call, and the following Senators answered to their names:

Those answering to their names were Senators:

Ballard Barker Bell Brown of 47th Carter Coverdell Cox Dean Doss Duncan Eldridge Fincher Gillis Hamilton Herndon Hill

Holley Holloway Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

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JOURNAL OF THE SENATE,

Those not answering to their names were Senators:

Broun of 46th Cleland Coggin

Garrard Henderson Howard

Moore Smith Young

Senator Webb of the llth filed the following statement with the Secretary:
THE STATE SENATE Atlanta, Georgia
-- MEMORANDUM --
TO: Lt. Gov. Lester Maddox, President of the Senate
FROM: Julian Webb
DATE: February 6, 1974
On yesterday, February 5, it was absolutely necessary that I be absent from the Senate because of urgent business requiring my presence in Donalsonville. It is for that reason that I did not vote on any of the bills presented to the Senate on that date, including the so-called Bingo Bill, Senate Resolution 277. Had I been present, I would have voted "no".

Senator Lester of the 23rd introduced as Chaplain, The Reverend Wayne Riley, pastor, Calvary Baptist Church, of Augusta, Georgia, who offered scripture reading and prayer.

The following is the Senate Rules Calendar for today:
SB 117. District Attorney's Retirement Fund--change amount of payment (SUB)
SB 464. Bicycle Trails--maintenance (AM)
SB 468. Joint Legislative Committee on Performance Evaluation--create
SB 480. Board of Admissions of College of Veterinary Medicine--create (SUB)
SB 484. Bicycle Lanes--construction and maintenance (AM)
SB 499. Public School Consolidation--approval at referendum election (SUB)
SB 500. Electric Membership Corporation Director--compensation for services

WEDNESDAY, FEBRUARY 6, 1974

617

SB 519. Corporations--place of publication of notice of changes

SB 537. Forestry Commission--manage all State forest land

SB 538. Forestry Commission--acquiring of land (SUB)

SB 554. Rape Conviction--conditions for castration

SB 571. Group Insurance--County Boards of Education pay

SB 586. Admonishments--read in public classrooms (SUB) SB 602. Workmen's Compensation--third party tortfeasors

SR 285. Efforts to Influence Executive and Legislative Branches-- disclosure
SR 293. Historical Property--exempt from ad valorem tax

SR 304. Broad Road--designating

SR 316. General Assembly--pre-filing of bills

HB 368. Local School System Professional Personnel--provide evaluation and tenure (SUB)
HB 1241. State Boxing Commission--create

HB 1262. Livestock--relating to marks and brands

HB 1321. Flue-Cured Tobacco--license and marketing

HB 1355. Employment Security Law--increase maximum benefits

HB 1401. Pharmacists--issuance of temporary licenses

HR 473. Natural Gas Used in Production of Nitrogen--allocation

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 464. By Senator Dean of the 6th:
A bill to provide for the acquisition, construction, and maintenance of bicycle trails; to authorize the Department of Natural Resources to enter into agreements with counties and municipalities; to provide for funding.

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JOURNAL OF THE SENATE,

The Committee on Natural Resources and Environmental Quality offered the following amendment:

Amend SB 464 by adding a new sentence at the end of Section 1, to read as follows:

"Bicycle trails constructed under the provisions of this Act shall be constructed only upon public property, and the power of eminent domain shall not be exercised for the acquisition or construction of such trails."

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coverdell Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Parker

Reynolds Riley Salter Skene Smalley Smith Stephens Summers Sutton Thompson Tysinger Ward Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Coggin Cox

Hudgins Overby Rowan

Starr Warren

On the passage of the bill, the ayes were 48, nays 0.

WEDNESDAY, FEBRUARY 6, 1974

619

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

Senator Dean of the 6th moved that SB 464 be immediately transmitted to the House.

On the motion, the ayes were 32, nays 0, and SB 464 was immediately trans mitted to the House.

SB 484. By Senator Dean of the 6th:
A bill to amend an Act known as the "Georgia Scenic Trails Act", ap proved Mar. 8, 1972 (Ga. Laws 1972, p. 142), as amended, so as to pro vide for the construction and maintenance of bicycle lanes on public highways; to authorize the Department of Transportation to enter into agreements with counties and municipalities; to provide for funding.

The Committee on Natural Resources and Environmental Quality offered the following amendment:
Amend SB 484 by adding a new sentence at the end of subsection (b) of quoted Section 5A of Section 1, to read as follows:
"Bicycle trails constructed under the provisions of this subsec tion shall be constructed only upon public property."

On the adoption of the amendment, the ayes were 43, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox Dean Doss Duncan

Eldridge Garrard Gillis Hamilton Henderson Herndon

320
Holley Hill Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester McDuffie

JOURNAL OF THE SENATE,

McGill Moore Overby Parker Reynolds Riley Rowan Salter Skene Smalley Smith

Sutton Summers Thompson Tysinger Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Starr.

Those not voting were Senators:

Cleland Fincher

Hudgins London

Stephens Ward

On the passage of the bill, the ayes were 49, nays 1.

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

Senator Dean of the 6th moved that SB 484 be immediately transmitted to the House.

On the motion, the ayes were 32, nays 0, the motion prevailed, and SB 484 was immediately transmitted to the House.

SB 117. By Senators London of the 50th and Kidd of the 25th:
A bill to amend an Act creating the office of District Attorney Emeritus and creating the District Attorneys Retirement Fund, as amended, so as to change the amount of the payment.

WEDNESDAY, FEBRUARY 6, 1974

621

The following fiscal notice, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT:

Fiscal Note--Senate Bill 117 (Substitute)

This Bill amends the District Attorney Emeritus Retirement Fund and there are currently 21 members of this fund and the majority would be eligible for retirement within the next several years.

Section 1. of this amendment changes the law from 19 full years service to 18 years and one day. This would allow the members to retire 364 days earlier which would cost $13,961 per member times the 21 total membership for a total cost of $293,000 to the State.

Section 2. of this bill amends the benefit payments from $6,000 per member under the current law to $14,000 per member under this amend ment. The total cost of this amendment would amount to approximately $3,000,000, however, this would be paid out over a number of years and below is listed the maximum increase cost per year.

21 members x $14,000 = $294,000 per year cost under this amend. 21 members X $ 6,000 = $126,000 per year cost under present plan
$168,000 per year cost increase

Sections 3. and 4. increases the members contributions from $450 per year to $1,400 per year. This leaves a net increase of $950 per member, which multiplied by 21 members equals to $19,950 increase employee con tributions per year. Assuming that all 21 members retired within five years you would have received approximately $100,000 to cover the cost of this amendment.
This amendment also allows additional military service credits to be extended for those members who have not taken advantage of same in prior years, and the cost for each year's service claimed by the member ship would be $12,600 per year of creditable service allowable).

The Emeritus Funds with the State are not actuarily sound retire ment systems and it is not possible to give the effect of the actuarial soundness of an Emeritus Fund.
/s/ E. B. Davis Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, Jr. James T. Mclntyre, State Planning & Budget Officer

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JOURNAL OF THE SENATE,

The Committee on Retirement offered the following substitute:

A BILL

To be entitled an Act to amend an Act creating the office of Solicitor General (now District Attorney) emeritus and creating a retirement fund, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, so as to provide for eligibility for appointment and for retirement bene fits, and for payments into the fund; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act creating the office of Solicitor General (now District Attorney) emeritus and creating a retirement fund, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu there of a new Section 2 to read as follows:

"Section 2. Any district attorney of this State who shall be in at least his nineteenth year of service as district attorney of the State or as a solicitor of a city court from which appeals can be taken directly to the Court of Appeals and as district attorney; or who during a portion of said qualifying period and immediately prior to his appointment or election as district attorney has served as assistant district attorney or solicitor general, or as an assistant to the district attorney or solicitor general and performed the duties of the district attorney or the solicitor general in the prosecution of cases in both the superior court and the city court, shall be eligi ble for appointment to the office of district attorney emeritus."

Section 2. 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. A district attorney emeritus shall receive from the State of Georgia an annual salary to be paid in monthly installments equal to one-half of the State salary of such district attorney for the calendar year immediately prior to his retirement as an active district attorney and immediately prior to his resignation from said office. In the event that any district attorney shall become eligible for appointment or shall have actually been appointed district at torney emeritus and while so eligible for appointment or holding such an appointment shall be elected or appointed to and shall quali fy for an office of profit or trust under the Constitution of the United States or of the Constitution of Georgia his right to ap pointment as district attorney emeritus or to continue to hold such an appointment and to draw the salary fixed therefor under said Act shall be suspended during the period of time that he shall hold such office, provided that upon ceasing to hold such office, he shall then be entitled to appointment as district attorney emeritus under this Act or to reappointment to said office with all the obligations, rights and duties herein prescribed, his compensation as district at torney emeritus in such event to be the same amount received by him as district attorney emeritus at the time of his election or

WEDNESDAY, FEBRUARY 6, 1974

623

appointment and qualification to the office under the Constitution of the United States or of the State of Georgia, or, if not holding an appointment as district attorney emeritus then, one-half of the amount of State compensation received by him as district attorney for the calendar year immediately prior to his election or appoint ment to and qualification for said office under the Constitution of the United States or the State of Georgia, the purpose of this pro vision being to permit any district attorney who may have been appointed district attorney emeritus under this Act or who may be eligible for appointment as district attorney emeritus to accept some other office of profit or trust under the Constitution of the United States or of the State of Georgia without affecting his then existing rights under this Act except to suspend the right to hold said office and receive the salary provided therefor while holding such other office. During the time that such district attorney is holding another office under the Constitution of the United States or of the State of Georgia as herein provided he shall not be re quired to make any payments in and to the District Attorneys Re tirement Fund of Georgia.

Section 3. Said Act is further amended by striking the first, second and fourth paragraphs of Section 9 in their entirety and inserting in lieu thereof new first, second and fourth paragraphs of Section 9 to read as follows:

"All district attorneys who qualify under this Act, shall pay into said fund the amount of five percent of their State salary for each year and any district attorney who makes payment to this fund shall be eligible to retire from the office and be eligible to the appointment of district attorney emeritus, at a salary of onehalf of what he has previously received as compensation as State salary for the final calendar year of his service as active district attorney of his circuit. All district attorneys now in office and eli gible to participate in the benefits provided by this Act shall make their payments to the retirement fund created by this Act until their retirement. Provided, further, that any district attorney who is eligible under the provisions of this Act as amended, but has not yet taken advantage hereof may do so by payment into the retire ment fund not later than July 1, 1961, with interest at the rate of 5 percent per annum on all sums due since the adoption of this Act, February 17, 1949, to the date of payment to the Treasurer of the State, provided, further, any district attorney not in office at the time of the passage of this Act on February 17, 1949, who has previously served as a district attorney of the State, may qualify and be eligible to participate in the benefits provided by this Act by paying 5 percent of the existing salary or annual fees of such district attorney plus interest at 5 percent per annum from Febru ary 17, 1949, to the date of payment to the Treasurer of the State, as though he had been in office since said date, which payment shall be made into said retirement fund within six months after reentering upon the duties of district attorney, and he shall continue to pay into said fund the amount of five percent of his salary or fees for each year thereafter until he is in at least his nineteenth year of service including service prior to and subsequent to the original passage of this Act on February 17, 1949.

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JOURNAL OF THE SENATE,

District attorneys who qualify under this Act must make pay ments to the said retirement fund, as herein provided, for the entire qualifying period and until retirement and must remain in office and render service as an active district attorney for the entire quali fying period or shall have rendered a part of said service as solicitor general of a city court from which direct appeals may be taken to the Court of Appeals of Georgia, or otherwise as is provided and set forth in Section 2 of this Act, as amended.
Provided, further, that in computing years of service as a dis trict attorney, credit shall be given for service in the armed forces of the United States occasioned by only one of the national emergen cies of either of the following: World War I, or World War II, or Korean conflict, upon payment into the retirement fund of the maximum payments provided hereinabove for each year or fraction of year of such service in the armed forces together with an amount of money equivalent to six percent (6%) simple interest on said sum of money for each year from the beginning of his service as a dis trict attorney until the date of paying the contributions into the fund, whereupon the district attorney shall receive a credit of one year for each year or fraction of year of such service for which contributon into the fund has been made. Such payment shall be made by not later January 1, 1975."
Section 4. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. The payments to the retirement fund created by this Act shall be made to the Department of Administrative Serv ices of the State of Georgia for each calendar year, quarterly or semiannually during the year, or in one lump sum to be paid not later than February 15 of the succeeding year, on a basis of five percent of the State salary of the district attorney during the calen dar year for which such payments are made. Should the payments not be made by February 15 of the succeeding year, the sum due shall incur a penalty of six percent interest per annum computed on the principal amount from February 15 until actually paid. Be ginning with the payments to be made covering the calendar year 1964, and for each calendar year thereafter, should the sum due not be paid by February 15 of the succeeding year, such sum due shall be increased by ten percent thereof plus six percent interest per annum, computed on the sum due plus the ten percent thereof, from February 15 until the date of actual payment of the entire amount. All payments shall be accompanied by an affidavit from the district attorney as to the correctness of the amount of State salary re ceived by him during the period covered by such payments.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Tysinger of the 41st offered the following amendment:
Amend the committee substitute to SB 117 by omitting Section 2 of

WEDNESDAY, FEBRUARY 6, 1974

625

the committee substitute in its entirety and inserting in lieu thereof a new Section 4 to read as follows:

"Section 4. A district attorney emeritus shall receive from the state of Georgia an annual salary of $10,000 to be paid in monthly installments."

On the adoption of the amendment, Senator Jackson of the 16th called for the ayes and nays, and the call was sustained.

The President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Broun of 46th Coverdell Doss Eldridge

Fincher Garrard Holley Howard Lester

Smith Summers Tysinger Warren Wasden

Those voting in the negative were Senators:

Ballard Barker Broun of 47th Carter Cleland Coggin Cox Dean Hamilton

Henderson Hudgins Jackson Johnson Kennedy Kidd London McDuffie McGill

Overby Parker Riley Skene Smalley Starr Thompson Young Zipperer

Those not voting were Senators:

Duncan Gillis Herndon Hill Holloway

Langford Moore Reynolds Rowan Salter

Stephens Sutton Ward Webb

On the adoption of the amendment, the ayes were 15, nays 27, and the amend ment offered by Senator Tysinger of the 41st to the committee substitute was lost.

Senator Rowan of the 8th moved that the Senate reconsider its action in defeating the amendment to the committee substitute offered by Senator Tysinger of the 41st.

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JOURNAL OF THE SENATE,

On the motion to reconsider, the ayes were 45, nays 0, and the amendment to the committee substitute to SB 117 offered by Senator Tysinger of the 41st was reconsidered.

On the reconsideration of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Coverdell Doss Eldridge

Fincher Garrard Holloway Langford Smith Summers

Sutton Tysinger Warren Wasden

Those voting in the negative were Senators:

Barker Brown of 47th
Carter Cleland Coggin Cox Dean Duncan Gillis Hamilton Henderson Herndon Holley

Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker Riley

Rowan Salter Skene Smalley Starr Stephens Thompson Ward Webb Young Zipperer

Those not voting were Senators:

Hill

Howard

Reynolds

On the adoption of the amendment, the ayes were 16, nays 37, and the amend ment to the committee substitute offered by Senator Tysinger of the 41st was lost.

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker

Brown of 47th Carter

Cleland Coggin

WEDNESDAY, FEBRUARY 6, 1974

627

Coverdell Cox Duncan Fincher Garrard Gillis Hamilton Herndon Holley Holloway Howard Hudgins Jackson

Johnson Kennedy Kidd Lester London McDuffie
McGill Moore Overby Parker Riley Rowan Salter

Skene Smalley Starr Stephens Summers Sutton Thompson Ward Warren Webb Young Zipperer

Those voting in the negative were Senators:

Bell Broun of 46th Dean Doss

Eldridge Henderson Langford

Smith Tysinger Wasden

Those not voting were Senators Hill and Reynolds.

On the adoption of the substitute, the ayes were 44, nays 10, and the commit tee 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Brown of 47th Carter Coggin Coverdell Cox Duncan Fincher
Garrard Gillis Hamilton Herndon

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Lester London McDuffie McGill Moore

Overby Parker Reynolds Riley Rowan Salter Skene Smalley Starr Stephens Summers Sutton

628
Thompson Ward

JOURNAL OF THE SENATE,

Webb Young

Zipperer

Those voting in the negative were Senators:

Ballard Bell Broun of 46th Cleland Dean

Doss Eldridge Henderson Langford

Smith Ty singer Warren Wasden

Not voting were Senators Hill and Kidd.

On the passage of the bill, the ayes were 41, nays 13.

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

Senator Jackson of the 16th moved that SB 117 be immediately transmitted to the House.

On the motion, the ayes were 33, nays 0, and SB 117 was immediately transmitted to the House.

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 164. By Messrs. Lambert of the 97th and Wood of the 9th:
A bill to amend the Georgia Insurance Code, as amended, so as to add a new Code Section 56-322 prohibiting lending institutions and public utilities, and their holding companies from engaging in selling insurance in places exceeding 5,000 population, except for credit life, accident and sickness insurance.
The House has disagreed to the Senate substitute to the following bill of the House, to-wit:

WEDNESDAY, FEBRUARY 6, 1974

629

HB 1477. By Mr. Jones of the 109th and others:
A bill to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the voters of Chatham County, so as to change the provisions relative to filling vacancies on said Board of Education.

Senator Coggin of the 35th 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 480. By Senators Gillis of the 20th, McGill of the 24th, Zipperer of the 3rd and Kennedy of the 4th: A bill to create the Board of Admissions of the College of Veterinary Medicine; to provide for definitions; to provide for the membership of said Board; to provide for the powers and duties of said Board; to pro vide for funding; to provide for all matters relative to the foregoing.
The Committee on the University System of Georgia offered the following substitute:
A BILL
To be entitled an Act to create the Advisory Board to the Board of Admissions of the College of Veterinary Medicine; to provide for defini tions; to provide for the membership of said Board; to provide for the powers and duties of said Board; to provide for funding; 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 GEORGIA:
Section 1. Definitions. As used in this Act, unless the context clear ly requires otherwise, the following words or phrases shall have the meanings indicated below:
(a) "Advisory Board" means an Advisory Board to the Board of Admissions of the College of Veterinary Medicine created by Section 2 of this Act.
(b) "College" means the College of Veterinary Medicine of the University of Georgia at Athens, Georgia.
Section 2. Creation of Board; Membership, (a) There is hereby created an Advisory Board to the Board of Admissions of the College of Veterinary Medicine which shall consist of five members as follows:

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the President of the Georgia Cattleman's Association, the President of the Georgia Swine Breeder's Association, the President of the Georgia Poultry Association, the President of the Georgia Veterinary Medical Association and the Dean of the College of Veterinary Medicine of the University of Georgia. All members shall serve ex officio as members of the Board.

(b) The Advisory Board shall elect a Chairman and Vice Chairman from its own membership and may elect, from its own membership, such other officers as it deems necessary or appropriate. The Chairman, or in his absence, the Vice Chairman, shall preside at meetings of the Board. Three members of the Board shall constitute a quorum for the trans action of business.

(c) The Advisory Board shall meet on the call of the Chairman or on the petition in writing, to the Chairman of at least three members. The Advisory Board shall meet at the College but may hold meetings at other locations in the State in the discretion of the Advisory Board.

(d) Each member of the Advisory Board, except the Dean of the College, shall be entitled to receive the sum of $25.00 for each meeting of the Board attended by him, not to exceed twenty meetings during any one calendar year, and shall be reimbursed for travel expenses incurred in attending meetings of the Board at the rate of 10<* per mile. The Dean of the College shall be reimbursed for actual and necessary expenses incurred by him as a member of the Board in the same manner as he is reimbursed for expenses incurred by him in carrying out his official duties as Dean of the College.

Section 3. Powers and Duties, (a) The Advisory Board shall serve in an advisory capacity to the Admissions Board in the Admissions Board's capacity of establishing policies governing the admission of students to the College.

(b) In its advisory capacity, the Advisory Board may consider such factors as the Advisory Board deems appropriate, but shall con sider the following factors:

(1) The motivation or desire of prospective students to become veterinarians.

(2) The geographical areas of the State needing veterinarians in relation to the home area of the prospective student and the pro spective student's desire to return to his home area to practice.

(3) The need for veterinarians in the field of specialization of interest to the prospective student.

(4) The scholastic ability of prospective students.

Section 4. Funding. The funds necessary to carry out the provisions of this Act shall come from funds appropriated or otherwise available to the Board of Regents of the University System of Georgia. The Board

WEDNESDAY, FEBRUARY 6, 1974

631

of Regents shall budget funds for such purposes as a part of the cost of operating the College of Veterinary Medicine of the University of Georgia.

Section 5. Construction. Nothing in this Act is to be construed as limiting the powers of the Board of Admissions of the College of Veter inary Medicine.

Section 6. Repealer. 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 33, and the committee substiute to SB 480 was lost.

Senator Henderson of the 33rd offered the following substitute to SB 480:
A BILL
To be entitled an Act to create an Advisory Board of the College of Veterinary Medicine of the University of Georgia; to provide for the membership of the Board; to provide for its responsibilities; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. There is hereby created the Advisory Board of the College of Veterinary Medicine of the University of Georgia, which shall consist of five members as follows: the President of the Georgia Cattlemen's Association, the President of the Georgia Swine Breeder's Association, the President of the Georgia Poultry Association, the President and the immediate past President of the Georgia Veterinary Medical Association. All members shall serve ex officio members of the Board.
The Board shall elect a Chairman and Vice Chairman from its own membership and may elect, from its own membership, such other officers as it deems necessary or appropriate. The Chairman, or in his absence, the Vice Chairman, shall preside at meetings of the Board. Three mem bers of the Board shall constitute a quorum for the transaction of business.
The Board shall meet on the call of the Chairman or on the petition, in writing, to the Chairman of at least three members. The Board shall meet at the College but may hold meetings at other locations in the State in the discretion of the Board. The Board shall meet at least twice each year.
Each member of the Board shall be entitled to receive the sum of $25.00 for each meeting of the board attended by him, not to exceed ten

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meetings during any one calendar year, and shall be reimbursed for travel expenses incurred in attending meetings of the Board at the rate of 10$ per mile.

Section 2. The Board shall act in an advisory capacity to the Admis sions Board of the College of Veterinary Medicine, and to the Dean and department heads of said College relative to the curriculum, courses of instruction and other policies of the College relative to the supply of an adequate number of practitioners of veterinary medicine in the State of Georgia. The Dean of the College of Veterinary Medicine and the various department heads, instructors and other personnel of the College shall cooperate with the Board and lend whatever assistance shall be necessary to carry out the provisions of this Act

Section 3. From time to time, the Advisory Board shall report its findings and recommendations to the General Assembly through the Standing Committees of the House and Senate on the University System.

Section 4. The funds necessary to carry out the provisions of this Act shall come from funds appropriated or otherwise available to the Board of Regents of the University System of Georgia. The Board of Regents shall budget funds for such purposes as a part of the cost of operating the College of Veterinary Medicine of the University of Georgia.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 38, nays 0, and the substitute offered by Senator Henderson of the 33rd 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, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell
Broun of 46th Brown of 47th Carter Cleland
Coverdell Cox

Dean Doss Duncan
Eldridge Fincher Garrard Gillis
Hamilton Henderson

Herndon Hill Howard
Hudgins Jackson Johnson Kennedy
Kidd Langford

WEDNESDAY, FEBRUARY 6, 1974

633

London McDuffie McGill Overby Parker Reynolds Riley Rowan

Salter Skene Smalley Smith Starr Stephens Summers Sutton

Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Coggin (presiding) Holley

Holloway Lester

Moore

On the passage of the bill, the ayes were 51, nays 0.

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

Senator Gillis of the 20th moved that SB 480 be immediately transmitted to the House.

On the motion, the ayes were 32, nays 0; the motion prevailed, and SB 480 was immediately transmitted to the House.

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

SB 448. By Senators Reynolds of the 48th and Holloway of the 12th:
A bill to amend the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec., p. 556), as amended, so as to provide that the maximum speed limit upon any street or highway in this State shall not exceed 55 miles per hour; to provide an effective date.

The amendments of the House were as follows:

Amendment Number One:
Amend SB 448 by striking on Page 3, beginning on line 3, the words "upon its approval by the Governor or upon its becoming law without

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his approval." and substituting in lieu thereof the words "on March 1, 1974."

Amendment Number Two:
Amend SB 448 by striking on Page 2, line 9, the words "This para graph shall not apply to busses:",
And by striking on Page 2, line 25, the words "This paragraph shall not apply to busses".

Amendment Number Three: Amend SB 448 by striking the second paragraph which reads as
follows:
"And by striking on Page 2, line 9, the words 'This paragraph shall not apply to busses:' ", in its entirety.
Senator Reynolds of the 48th moved that the Senate agree to amendments numbers two and three and disagree to amendment number one.
On the motion, the ayes were 37, nays 0; the motion prevailed, and amend ments numbers two and three of the House to SB 448 were agreed to and amend ment number one of the House to SB 448 was disagreed to.
The following resolution of the Senate was read and adopted:

SR 348. By Senator Gillis of the 20th:
A resolution inviting the Honorable Roric Harrison to attend a session of the Senate.

The President resumed the Chair.

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

WEDNESDAY, FEBRUARY 6, 1974

635

HB 368. By Mr. Farrar of the 52nd:
A bill to provide evaluation and tenure for classroom teachers and all other professional personnel of local school systems except the superin tendent.

The Senate Committee on Elementary & Secondary Education offered the fol lowing substitute to HB 368:
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, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 907), so as to provide procedures and require ments relative to the termination or suspension of teachers, principals and other employees having a contract for a definite term; to provide for certain notices in connection with discharge or suspension; to pro vide for right to counsel and compulsory process; to provide for hear ings; to provide for decision and appeals; to provide certain require ments relative to the nonrenewal of contracts; to provide certain require ments relative to nonrenewal of contracts after three years' service; to amend Code Section 32-912, relating to the organization, powers and duties of county boards of education and to the suspension of the county superintendent of schools, as amended, so as to delete provisions relative to the suspension of teachers; to repeal Code Section 32-1010, relating to the examination and suspension of teachers, as amended; 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 GEORGIA:
Section 1. An Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 907), is hereby amended by striking Section 7A in its entirety and substituting in lieu thereof a new Section 7A to read as follows:
"Section 7A. (a) Grounds for Termination or Suspension. The contract of employment of a teacher, principal or other employee having a contract for a definite term may be terminated or sus pended for any of the following reasons:
(1) Nonperformance of duty;
(2) Incompetency;
(3) Immorality;
(4) Inefficiency;
(5) Conviction of any crime involving moral turpitude;
(6) Failure or refusal to comply with all reasonable orders,

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requests or directions of the superintendent or other superior offi cial;
(7) Violation of any rule or regulation of the local unit of administration;
X
(8) Persistent failure or refusal to maintain orderly discipline of students;
(9) Inciting, encouraging or counseling students to violate any valid State law, municipal ordinance, or policy or rule of the local unit of administration;
(10) Revocation by competent State authority of the certificate of the teacher or other certificated personnel;
(11) Violation of any contract provision.
(b) Notice. Before the discharge or suspension of a teacher, principal or other employee having a contract of employment for a definite term, written notice of the charges shall be given at least ten days before the date set for hearing, and shall state:
(1) The cause or causes for his discharge or suspension in sufficient detail to enable him fairly to show any error that may exist therein;
(2) The names and nature of the testimony of the witnesses against him;
(3) The time and place where the hearing thereon will be held;
(4) Notification that the charged teacher or other person, upon request, shall be furnished with compulsory process or subpoena legally requiring the attendance of witnesses and the production of documents and other papers as provided by law.

(c) Counsel; Testimony. Any teacher, principal or other person against whom such charges listed in subsection (a) of this Section have been brought shall be entitled to be represented by counsel, and upon request, shall be entitled to have subpoenas or other com pulsory process issued for attendance of witnesses and the produc tion of documents and other evidence.

Such subpoenas and compulsory process shall be issued in the name of the local unit of administration, and shall be signed by the president or vice-president of the local unit of administration. In all other respects, such subpoenas and other complusory process shall be subject to the provisions of the Act revising comprehensive ly the laws relating to subpoenas and other like processes, approved March 15, 1966 (Ga. Laws 1966, p. 502), as now or hereafter amended.

WEDNESDAY, FEBRUARY 6, 1974

637

(d) Hearing. The hearing shall be conducted before the local unit of adminstration of said local unit may designate a tribunal to consist of not less than three nor more than five impartial persons possessing academic expertise to conduct the hearing and submit its findings and recommendations to the local unit of administration for its decision thereon. The hearing shall be reported at the expense of the local unit of administration. If the matter is heard by a tribunal, the transcript shall be prepared at the expense of the local unit of administration and an original and two copies shall be filed in the office of the superintendent. If the hearing is before the local unit of administration, the transcript need not be typed unless an appeal is taken to the State Board of Education, in which event typing of the transcript shall be paid for by the appellant. In the event of an appeal to the State Board of Education, the original shall be transmitted to said State Board as required by its rules.

Oath or affirmation shall be administered to all witnesses by the president, any member of the local unit of administration, or by the attorney of said local unit. Such oath shall be as follows:

'You do solemnly swear (or affirm) that the evidence you shall give here on the issue pending shall be the truth, the whole truth and nothing but the truth. So help you God.'

All questions relating to admissibility of evidence or other legal matters shall be decided by the president or presiding officer, sub ject to the right of either party to appeal to the full local unit of administration or hearing tribunal, as the case may be; provided, however, the parties by agreement may stipulate that some dis interested member of the State Bar of Georgia shall decide all ques tions of evidence and other legal issues arising before the local unit of administration or tribunal. In all hearings, the burden of proof shall be on the school system, and it shall have the right to open and conclude. Except as otherwise provided herein, the same rules governing nonjury trials in the superior court shall prevail.

(e) Decision; Appeals. The local unit of administration shall render its decision at the hearing, or within five days thereafter. Where the hearing is before a tribunal, the tribunal shall file its findings and recommendations with the local unit of administration within five days of the conclusion of the hearing, and the local unit of administration shall render its decision thereon within ten days after the receipt of the transcript. Appeals may be taken to the State Board of Education in accordance with Georgia Code Section 32-910, as now or hereafter amended, and the rules and regulations of the State Board of Education governing appeals.

(f) Nonrenewal. When a local school superintendent or local unit of administration proposes not to renew the contract of any teacher or other school employee employed under a contract for a definite term, written notification of such intention shall be given to the teacher or other employee by not later than April 15 prior to the ensuing school year. When such notice is not given, the em ployment of such teacher or other employee shall be continued for

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the ensuing school year, unless such teacher or other employee has been removed or suspended in the manner previously provided here in, or unless the teacher or other employee elects not to accept such employment by notifying the local unit of administration or super intendent in writing not later than May 1 thereafter. When the local unit of administration proposes not to renew the contract of a teacher or other employee employed under a contract for a definite term for reasons which would impinge upon the liberty of such teacher or employee, thereby entitling the teacher or other employee to procedural due process under the Constitution as interpreted by the United States Supreme Court, the local unit of administration shall give notice of such intention not later than April 15 as pro vided in this subsection, and such notice shall also state the reasons for such proposed action in the same manner as provided in sub section (b) hereof, and thereafter a hearing shall be conducted in the same manner as specified in subsections (c), (d) and (e) hereof, which subsections shall be equally applicable thereto.

(g) Nonrenewal After Three Years' Service. After a teacher or other school employee who is employed under a contract for a definite term has been employed for three successive school years by the same local unit of administration, then the nonrenewal of the contract of such teacher or other employee shall be as provided by this subsection. When the local school superintendent or local unit of administration has decided not to renew the contract of any such teacher or employee, written notification of such decision shall be given to such teacher or employee by not later than April 15 prior to the ensuing school year, and any such teacher or employee so notified shall have the right to request the local school super intendent or local unit of administration, in writing, by not later than May 1, thereafter, to furnish such teacher or employee a writ ten statement of the reasons on which the nonrenewal of the con tract was based. Upon receiving such request from any such teach er or employee, the requirements of subsections (a) through (e) of this Section shall be applicable in such cases. The provisions of this subsection shall be applicable to teachers and other school em ployees employed under a contract for a definite term who had com pleted three successive school years as an employee of the same local unit of administration as of July 1, 1974, as well as to such teachers or employees employed on and after that date who subse quently complete three successive school years as an employee of the same local unit of administration. Only service rendered as an employee of the same local unit of administration may be counted as service for the purpose of completing three successive school years within the meaning of this subsection."
Section 2. Code Section 32-912, relating to the organization, powers and duties of county boards of education and to the suspension of the county superintendent of schools, as amended, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 32-912 to read as follows:
"32-912. Organization; powers and duties.--The county super intendent of schools and county board of education shall make rules to govern the county schools of their respective counties. Upon being

WEDNESDAY, FEBRUARY 6, 1974

639

called together by some one of their number, after their election, they shall organize by selecting a chairman. The county superin tendent of schools shall act as secretary of the board, and keep the minutes of their meetings and make a permanent record of the same, and do any other clerical work that they may direct him to do. Said board may suspend the county superintendent of schools for incompetency, wilfull neglect of duty, misconduct, immorality or the com mission of crime involving moral turpitude, and for other good and sufficient cause. Provided, however, the county superintendent shall be given (1) a hearing on the charge or charges preferred against him, (2) ten days' written notice of the time and place of said hear ing--such notice will contain a brief general statement and enumera tion of the charge or charges, (3) an opportunity to present his defense, and (4) upon request be furnished with compulsory process issued by said board requiring the attendance of witnesses and the production of documents and other papers as provided by law. Upon failure of any person to respond to such subpoena or other process issued by said board, the latter shall certify the matter to the superior court as other cases of contempt made and provided by law. In each case an appeal may be taken to the State Board of Education by the filing with the said State Board of Education, within thirty days after rendition of the decision of the county board, a notice of appeal, together with a copy of the record or transcript adduced upon the hearing and certified by the president of the said county board. The provisions of this Code Section shall not apply to school systems created prior to the adoption of the Constitution of 1877."

Section 3. Code Section 32-1010, relating to the examination and suspension of teachers by the superintendent, as amended, which reads as follows:

"32-1010. Examination and suspension of teachers.--The county superintendent of schools shall superintend examinations of all teachers of his county as provided by law. He shall suspend any teacher under his supervision for nonperformance of duty, incompetency, immorality or inefficiency, and for other good and sufficient causes. From his decision the teacher may appeal to the county board of education, and either the superintendent or the teacher, being dissatisfied with the decision of the board, may appeal to the State Board of Education, the decision of which shall be final: Provided, that this section shall not apply to any public school system estab lished prior to the adoption of the Constitution of 1877.",

is hereby repealed in its entirety.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Webb of the llth offered the following amendment:
Amend the committee substitute to HB 368 by adding at the end of Section 1, subparagraph (g) the following sentence:

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JOURNAL OF THE SENATE,

"In no event shall this be construed to grant or imply teacher tenure."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Cleland Coverdell Garrard

Herndon Hill Howard Langford Smith

Sutton Tysinger Warren Webb

Those voting in the negative were Senators:

Ballard Broun of 46th Brown of 47th Carter Coggin Cox Dean Doss Duncan Eldridge Fincher Gillis Hamilton Henderson

Holley Holloway Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

All Senators were voting.

Reynolds Riley Rowan Salter Skene Smalley Starr Stephens Summers Thompson Ward Wasden Young Zipperer

On the adoption of the amendment, the ayes were 14, nays 42, and the amend ment to the committee substitute was lost.

Senator Starr of the 44th offered the following amendment:
Amend the committee substitute to HB 368 by striking the words, "unit of administration" wherever the same appear and inserting in lieu thereof the words, "board of education", and
by striking the word "unit" in line 31 on Page 3 and inserting in lieu thereof the word "board", and
by striking the words, "the reasons" from line 28 on Page 6 and inserting in lieu thereof the words, "good and sufficient cause", and

WEDNESDAY, FEBRUARY 6, 1974

641

by striking from line 31 on Page 6 the following: "(a)" and insert ing in lieu thereof the following: "(b)".

On the adoption of the amendment, the President was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Wasden Webb Young Zipperer

Not voting was Senator Warren.

On the adoption of the amendment, the ayes were 55, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin

Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard

Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard

642
Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby

JOURNAL OF THE SENATE,

Parker Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers

Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting was Senator Moore.

On the adoption of the substitute, the ayes were 55, 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard
Barker Bell Broun of 46th Brown of 47th
Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

All Senators were voting.

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers
Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

WEDNESDAY, FEBRUARY 6, 1974

643

On the passage of the bill, the ayes were 56, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Starr of the 44th moved that HB 368 be immediately transmitted to the House.
On the motion, the ayes were 41, nays 0; the motion prevailed, and HB 368 was immediately transmitted to the House.
The President announced the Senate would stand in recess from 12:35 o'clock P. M. until 1:45 o'clock P. M.

Senator Gillis of the 20th, President Pro Tempore, called the Senate to order at 1:45 o'clock P. M.
The following resolution of the Senate was read and put upon its adoption:

SR 304. By Senator McGill of the 24th: A resolution designating the Broad Road.

On the adoption of the resolution, Senator Gillis of the 20th, who was pre siding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 47th Carter Coverdell Cox Dean Doss Eldridge Fincher Hamilton Henderson

Holloway

Howard

Johnson

Langford

McGill

Moore

"

Overby

Parker

Reynolds

Riley

Rowan

Salter Skene Smalley Stephens Summers Sutton Thompson Warren Wasden Webb Young

Those not voting were Senators:

Ballard Barker Bell

Cleland Coggin Duncan

Garrard Gillis (pre Herndon

644
Hill Holley Hudgins Jackson Kennedy

JOURNAL OP THE SENATE,

Kidd Lester London McDuffie Smith

Starr Tysinger Ward Zipperer

On the adoption of the resolution, the ayes were 33, nays 0.

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

Senator Barker of the 18th filed the following statement with the Secretary of the Senate:
"Mr. President: I supported SR 304 because legislation is needed; how ever, I was unable to vote because I was in conference with the Gov ernor."

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

HB 1477. By Mr. Jones of the 109th and others:
A bill to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the voters of Chatham County, so as to change the provisions relative to filling vacancies on said Board of Education.

Senator Riley of the 1st moved that the Senate insist upon its substitute to HB 1477.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the Senate substitute to HB 1477 was insisted upon.

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 499. By Senator Button of the 9th:
A bill to prohibit the reorganization or consolidation of public schools without approval at a referendum election; to require approval by a majority of the votes cast in each school attendance area affected; to

WEDNESDAY, FEBRUARY 6, 1974

645

prohibit the reorganization or consolidation of a public school if such reorganization or consolidation would cause any pupil to spend more than a certain number of hours in school including the time spent travel ing to and from school.

The Committee on Elementary and Secondary Education offered the following substitute:
A BILL
To be entitled an Act to prohibit after a certain date the reorganiza tion or consolidation of a public school if such reorganization or con solidation would cause any pupil to spend more than a certain number of hours in school including the time spent traveling to and from school; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. After July 1, 1974, a public school shall not be reorga nized or consolidated if the reorganization or consolidation would result in any pupil affected having to spend more than ten hours a day in re quired school instruction and in traveling to and from school when the ordinary and customary means of travel are employed.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator London of the 50th offered the following amendment:
Amend the committee substitute to SB 499 by striking Section 1 beginning on line 8 of Page 1, in its entirety and substituting in lieu thereof a new Section 1, to read as follows:
"Section 1. After July 1, 1974, a public school shall not be reorganized or consolidated if the reorganization or consolidation would result in any elementary school student affected having to spend more than nine hours a day in required school instruction and in traveling to and from school when the ordinary and customary means of travel are employed or in any high school student having to spend more than ten hours a day in required school instruction and in traveling to and from school when the ordinary and cus tomary means of travel are employed."

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

On the adoption of the substitute, the ayes were 34, nays 0, and the com mittee substitute was adopted as amended.

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JOURNAL OF 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, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Henderson Herndon Holley Holloway Howard Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers
Sutton Thompson Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Gillis (presiding) Hill

Hudgins Jackson

Tysinger

On the passage of the bill, the ayes were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Sutton of the 9th moved that SB 499 be immediately transmitted to the House.
On the motion, the ayes were 35, nays 0; the motion prevailed, and SB 499 was immediately transmitted to the House.

SB 519. By Senator Overby of the 49th:
A bill to amend Code Title 22, relating to corporations, as amended, so as to provide for the place of publication of notice of certain amend-

WEDNESDAY, FEBRUARY 6, 1974

647

ments, changes, restatements, dissolutions, mergers, and consolidations.

Senators Johnson of the 38th and Stephens of the 36th offered the following amendment:
Amend SB 519 by adding a new Section 4 to read as follows:
"Section 4. Nothing in this Act shall apply to counties with a population of 500,000 or more."
and by renumbering Section 4 as Section 5.

On the adoption of the amendment, the ayes were 43, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Dean Doss Eldridge Fincher Garrard Hamilton Henderson Herndon

Holley Holloway Howard Kennedy Kidd Langford Lester London McDuffie Moore Overby Parker Reynolds Riley Rowan Salter

Voting in the negative was Senator Cox.

Those not voting were Senators:

Coverdell Duncan Gillis (presiding)

Hill Hudgins Jackson

Skene Smalley Smith Starr Stephens Summers Sutton Thompson Ward Warren Wasden Webb Young Zipperer
Johnson McGill Tysinger

648

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 46, nays 1.

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

SR 285. By Senator London of the 50th:
A RESOLUTION
Proposing an Amendment to the Constitution so as to provide that the General Assembly shall provide by law for the regulation and dis closure of efforts to influence the executive and legislative branches of State government; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article I, Section II of the Constitution is hereby amended by striking Paragraph V, which read as follows:
"Paragraph V. Lobbying; Penalties. Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties." ,
and inserting in lieu thereof a new Paragraph V, to read as follows:
"Paragraph V. Lobbying; Regulation and Disclosure. The Gen eral Assembly shall provide by law for the regulation and disclosure of efforts to influence the executive and legislative branches of State government."
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 the General Assembly shall provide by law for
( ) NO the regulation and disclosure of efforts to influence the executive and legislative branches of State gov ernment?"
All persons desiring to vote in favor of ratifying the proposed amendement shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

WEDNESDAY, FEBRUARY 6, 1974

649

If 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 by Senator Gillis of the 20th, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Henderson Herndon Holley Holloway Howard Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith
Starr Summers Sutton Thompson Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Carter Gillis (presiding) Hill

Hudgins Jackson Moore

Stephens Tysinger

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.
Senator London of the 50th moved that SR 285 be immediately transmitted to the House.

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JOURNAL OF THE SENATE,

On the motion, the ayes were 35, nays 0; the motion prevailed, and SR 285 was immediately transmitted to the House.

The President resumed the Chair.

SR 316. By Senator Coggin of the 35th:
A RESOLUTION
Proposing an ^mendment to the Constitution so as to authorize the pre-filing of bills by members of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article III of the Constitution is hereby amended by adding at the end thereof a new Section to be known as Section XII to read as follows:
"Section XII.
Paragraph I. Pre-filing of Bills. Members of the General As sembly are hereby authorized to pre-file bills prior to the convening of a regular session with the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be. Beginning with the first day of December, a bill may be pre-filed for the next suc ceeding regular session. When a bill is pre-filed it shall be given a number in the same manner as if such bill were introduced during a session, and it shall not be necessary that such bill be reintroduced when such session convenes. No bill may be pre-filed by any person who will not be a member of the General Assembly at the next regu lar session. Any person who is elected as a member of the General Assembly at the general election in the even-numbered years may pre-file a bill for the next succeeding regular session in the same manner as if he had already been sworn in as a member of the General Assembly. The presiding officer of the branch in which any such bill is pre-filed shall refer such bill to a committee on the first day of the next succeeding regular session. Beginning in De cember the Secretary of the Senate and the Clerk of the House of Representatives shall make copies of bills that are pre-filed and each week shall mail a copy to each member of his respective body."
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:

WEDNESDAY, FEBRUARY 6, 1974

651

"( ) YES Shall the Constitution be amended so as to authorize ( ) NO the pre-filing of bills by members of the General As sembly?"

All persons desiring to vote in favor of ratifying the proposed

amendment shall vote "Yes". All persons desiring to vote against 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 reso lution, was agreed to.

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th
Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Holley Holloway Howard Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith
Starr Stephens Summers Sutton Thompson Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Duncan Hill

Hudgins Jackson

Tysinger

On the adoption of the resolution, the ayes were 51, nays 0.

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

652

JOURNAL OF THE SENATE,

HB 1355. By Mr. Mullinax of the 65th and others:
A bill to amend an Act approved March 29, 1937, known as the "Un employment Compensation Law", (now Employment Security Law), so as to increase maximum benefit amounts; to prevent a tax increase; to delete a requalifying provision applicable to pregnancy separations.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson
Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Hill

Hudgins

Tysinger

On the passage of the bill, the ayes were 53, nays 0.

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

SB 537. By Senators Gillis of the 20th, Kennedy of the 4th and Young of the 13th:
A bill to amend an Act superseding, with stated exceptions, all previous laws of this State relating to the organization, powers and duties of the

WEDNESDAY, FEBRUARY 6, 1974

653

Forestry Commission, as amended, so as to authorize the State Forestry Commission to manage, conserve and protect certain forest lands or forest properties belonging to or under the jurisdiction and control of any department, board, commission, bureau, agency or authority of State government.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Parker Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Duncan Hudgins

Overby

Tysinger

On the passage of the bill, the ayes were 52, nays 0.

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

SB 538. By Senators Gillis of the 20th, Kennedy of the 4th and Young of the 13th:
A bill to amend an Act comprehensively revising the laws relating to the

654

JOURNAL OF THE SENATE,

Georgia Forestry Commission, approved Mar. 3, 1955 (Ga. Laws 1955, p. 309), as amended, so as to authorize the Georgia Forestry Commission to acquire land without going through any other State agency, board, commission, or department; to provide that condemnation proceedings by the Georgia Forestry Commission be according to certain procedures.

The Senate Committee on Natural Resources and Environmental Quality offered the following substitute to SB 538:
A BILL
To be entitled an Act to amend an Act comprehensively revising the laws relating to the Georgia Forestry Commission, approved March 3, 1955 (Ga. Laws 1955, p. 309), as amended, particularly by an Act ap proved February 28, 1956 (Ga. Laws 1956, p. 377), and by an Act ap proved April 12, 1963 (Ga. Laws 1963, p. 615), so as to authorize the Director of the Georgia Forestry Commission to acquire by gift small tracts of land for tower sites without going through any other State agency, board, commission or department; 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 comprehensively revising the laws relating to the Georgia Forestry Commission, approved March 3, 1955 (Ga. Laws 1955, p. 309), as amended, particularly by an Act approved February 28, 1956 (Ga. Laws 1956, p. 377), and by an Act approved April 12, 1963 (Ga. Laws 1963, p. 615), is hereby amended by adding to subsection (b) of Section 18 the following language:
"Notwithstanding the provisions of any other law,",
and
"without going through any other State agency, board, commis sion or department,",
so that when so amended subsection (b) of Section 18 shall read as fol lows:
"(b) Notwithstanding the provisions of any other law, the Di rector is hereby authorized to acquire in the name of the State, with out going through any other State agency, board, commission or department, small tracts of land not in excess of five acres, by deeds containing reversionary clauses, to be used as forest fire look-out tower sites, where the grantor makes a gift thereof to the State. Upon abandonment by the Commission of such site after same is no longer of any use to it, the Director is hereby authorized to reconvey title by quit-claim deed to the grantor, his successors or as signs, and said Director is hereby authorized to reconvey all tower sites subject to reversionary clauses acquired by the Commission as gifts prior to the enactment of this Section, but in case of any

WEDNESDAY, FEBRUARY 6, 1974

655

abandonment or reconveyance under any provision of this paragraph, the Commission shall have the unqualified right to remove any improvements or fixtures, either temporary or permanent, placed on such property, without regard to whether same would have, un der general principles of law, become part of the realty, which right may be exercised at any time before, or a reasonable time after, abandonment."

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 offered the following amendment:
Amend the committee substitute to SB 538 by adding at the end of line 21, Page 2, the following:
"provided, however, if any capital improvements are left on the returned property, the State Properties Commission shall determine its value and the State shall receive compensation before the deed is granted.".

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 substitute, the ayes were 41, nays 0, and the committee substitute was adopted as amended.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland

Coggin Coverdell Cox Dean Doss Eldridge Fincher

Garrard Gillis Hamilton Henderson Herndon Hill Holley

656
Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill

JOURNAL OF THE SENATE,

Moore Overby Parker Reynolds Riley Rowan Salter Skene Smalley Smith Starr

Stephens Summers Sutton Thompson Ward Warren Webb Young Zipperer

Those not voting were Senators:

Duncan Hudgins

Tysinger

Wasden

On the passage of the bill, the ayes were 52, nays 0.

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

SB 571. By Senator Herndon of the 10th:
A bill to amend Code Section 56-2431, relating to group insurance policies entered into by governmental units, so as to permit county boards of education to pay all or part of the premiums for such policies.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox

Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon

Hill Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester

WEDNESDAY, FEBRUARY 6, 1974

657

London McDuffie McGill Moore Overby Parker Riley Rowan

Salter Skene Smalley Smith Starr Stephens Summers Button

Thompson Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Duncan

Holley Hudgins

Reynolds Tysinger

On the passage of the bill, the ayes were 50, nays 0.

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

Senator Gillis of the 20th resumed the Chair.

SB 586. By Senator Smith of the 34th:
A bill to provide for the reading of certain admonishments in each public school classroom.

The Senate Committee on Elementary and Secondary Education offered the following substitute to SB 586:
A BILL
To be entitled an Act to permit the reading of certain admonish ments in each public school classroom; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It shall be permissible to read as the first order of busi ness each school day in each public school classroom the following ad monishments:
"Thou shalt have no other gods before Me. Thou shalt not make unto thee any graven image. Remember the Sabbath Day to keep it holy. Thou shalt not take the name of the Lord thy God in vain.

658

JOURNAL OF THE SENATE,

Honor thy father and thy mother that thy days may be long upon the land which the Lord thy God giveth thee.
Thou shalt not kill. Thou shalt not commit adultery. Thou shalt not steal. Thou shalt not bear false witness against thy neighbor. Thou shalt not covet."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 31, nays 0, and the committee substitute, was adopted.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coggin Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton Henderson Herndon

Hill Holley Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan

Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Coverdell

Howard

Tysinger

Those not voting were Senators:

Broun of 46th Cleland Gillis (presiding)

Holloway Hudgins

Langford Ward

WEDNESDAY, FEBRUARY 6, 1974

659

On the passage of the bill, the ayes were 46, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 602. By Senator London of the 50th:
A bill to amend Code Title 114, relating to Workmen's Compensation, as amended, so as to exclude fellow employees as third party tortfeasors; to change the minimum number of employees for coverage; to delete certain provisions exempting employees of public charities from cover age; to increase the maximum limit of compensation relative to total incapacity.

Senator Herndon of the 10th offered the following amendment:
Amend SB 602 by adding after the comma on line 22 of Page 2 the words "public charities"
and
by adding after the semicolon on line 2 of Page 3 the following:
"nor to employees of institutions maintained and operated as public charities;"
and
by striking from line 6 on Page 3 the word "three" and substituting in lieu therefor the word "five."

On the adoption of the amendment, Senator Herndon of the 10th called for the ayes and nays, and the call was sustain-ed.

Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Coverdell Fincher Garrard Herndon

Hill Howard Langford Lester McGill Moore Smalley

Sutton Tysinger Warren Wasden Webb Young

660

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Broun of 46th Brown of 47th Carter Coggin Cox Dean Doss Duncan Eldridge Hamilton Holley

Holloway Jackson Johnson Kennedy Kidd London McDuffie Overby Parker Reynolds Riley

Rowan Salter Skene Smith Starr Stephens Summers Thompson Ward Zipperer

Those not voting were Senators:

Cleland Gillis (presiding)

Henderson

Hudgins

On the adoption of the amendment, the ayes were 20, nays 32, and the amend ment was lost.
Senator Parker of the 31st offered the following amendment:
Amend SB 602 by substituting on Page 2, line 15, a period in lieu of the comma after the word "tortfeasor", and by striking from said line the words "except employees of the same employer."

On the adoption of the amendment, Senator Parker of the 31st called for the ayes and nays, and the call was sustained.

Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Coggin
Coverdell Cox Fincher Garrard Herndon

Hill Holley
Howard Langford Lester Moore Parker

Smalley Tysinger
Ward Webb Young

WEDNESDAY, FEBRUARY 6, 1974

661

Those voting in the negative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Dean Doss Duncan Eldridge
Hamilton Henderson

Holloway Jackson Johnson
Kennedy Kidd London McDuffie McGill Overby Reynolds Rilev

Rowan Salter Skene Smith Starr Stephens Sutton Thompson Warren Wasden Zipperer

Those not voting were Senators:

Cleland Gillis (Presiding)

Hudgins

Summers

On the adoption of the amendment, the ayes were 19, nays 33, 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, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell
Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton Henderson

Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

662

JOURNAL OP THE SENATE,

Those voting in the negative were Senators:

Herndon

Hill

Those not voting were Senators:

Cleland

Gillis (presiding)

Hudgins

On the passage of the bill, the ayes were 51, nays 2.

The bill, having received the requisite constitutional majority, was passed. Senator Coggin of the 35th resumed the Chair.

SR 293. By Senator Jackson of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt from all ad valorem taxation real property of a significant historical value which has been restored or reconstructed, which is open to the public and which is certified by the Department of Natural Resources; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"There shall be exempt from all ad valorem taxation real prop erty of a significant historical value which has been restored or re constructed, which is open to the public and which is certified by the Department of Natural Resources as a significant historical site, the maintenance of which will enrich the history of the State."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to exempt from all ad valorem taxation real property of a sig-

WEDNESDAY, FEBRUARY 6, 1974

663

( ) NO

nificant historical value which has been restored or re constructed, which is open to the public, and which is certified by the Department of Natural Resources as a significant historical site, the maintenance of which will enrich the history of the State?"

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 Johnson of the 38th offered the following amendment:
Amend SR 293 by adding on Page 1, line 4 between the words "pub lic" and "and" the following:
"and is operated by an income tax exempt, non-profit entity" and by adding on line 15, Page 1 between the words "public" and "and" the following:
"and is operated by an income tax exempt, non-profit entity".

On the adoption of the amendment, the ayes were 43. nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the adoption of the reso lution, was agreed to as amended.

The resolution, proposing an amendment to the Constitution, a roll call was ordered by Senator Cog-gin of the 35th, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Coverdell Cox Duncan Fincher

Gillis Hamilton Holley Howard Jackson Johnson Kennedy Kidd Lcster

London McDuffie McGill Parker Reynolds Riley Starr Stephens Summers

664
Tysinger Ward

JOURNAL OF THE SENATE,

Warren Wasden

Young Zipperer

Those voting in the negative were Senators:

Bell Cleland Dean Doss Eldridge Garrard Henderson

Herndon Hill Holloway Langford Overby Rowan Skene

Smalley Smith Sutton Thompson Webb

Those not voting were Senators:

Coggin (presiding) Hudgins

Moore

Salter

On the adoption of the resolution, the ayes were 33, nays 19.

The resolution, having failed to receive two-thirds constitutional majority, was lost.
Senator Jackson of the 16th gave notice that, at the present time, he would move that the Senate reconsider its action in defeating SR 293.

The President resumed the Chair.

HB 1241. By Messrs. Lane of the 40th and Adams of the 36th:
A bill to create a State Boxing Commission; to provide the jurisdiction, duties and authority of said Commission.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the President ordered a roll call, and the vote was as follows:

WEDNESDAY, FEBRUARY 6, 1974

665

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Gillis Hamilton Henderson

Herndon Hill Holley Holloway Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smith
Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Carter

Smalley

Those not voting were Senators:

Garrard

Howard

Hudgins

On the passage of the bill, the ayes were 51, nays 2.

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 166. By Messrs. Pinkston and Evans of the 89th: A bill to provide that the board of trustees or directors of any two or more retirement systems, by mutual consent, may pool their trust funds for investment purposes.

Senator Coverdell of the 40th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.

666

JOURNAL OF THE SENATE,

On the motion, the ayes were 39, nays 0; the motion prevailed, and the Senate substitute to HB 166 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Starr of the 44th, Tysinger of the 41st and Overby of the 49th.

Senator Holley of the 22nd moved that the following bill of the House be with drawn from the Committee on Banking and Finance and recommitted to the Com mittee on Special Judiciary:

HB 1016. By Mr. Harris of the 51st:
A bill to provide an alternative method to the authorization for exercise of power of sale in deeds of trust, mortgages, and other instruments contained in Code Section 37-607, as amended.

On the motion, the ayes were 41, nays 0; the motion prevailed, and HB 1016 was withdrawn from the Committee on Banking and Finance and recommitted to the Committee on Special Judiciary.

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

HB 1262. By Mr. Reaves of the 124th:
A bill to amend Code Title 62, relating to livestock, so as to substantially revise, modernize and supersede Code Chapter 62-1, relating to marks and brands; to establish within the Department of Agriculture, a Divi sion of Marks and Brands.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell

Broun of 46th Carter

Cleland Coggin

WEDNESDAY, FEBRUARY 6, 1974

667

Coverdell Cox Dean Doss Eldridge Fincher Gillis Hamilton Henderson Herndon Holloway Howard Jackson Johnson

Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Riley Rowan Salter
Skene

Smalley Smith Starr Stephens Summers
Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Barker Brown of 47th Duncan

Garrard Hill Hollev

Hudgins Reynolds Ward

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1401. By Mr. Atherton of the 19th:
A bill to amend Code Chapter 79A-4, relating to pharmacists, so as to authorize the Joint Secretary, State Examining Boards, to issue tempo rary licenses under certain conditions.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th
Carter

Cleland Coggin Coverdell Cox Dean Doss

Duncan Eldridge Fincher Gillis Hamilton
Henderson

668
Herndon Hill Holloway Howard Jackson Kennedy Kidd Langford Lester London McDuffie

JOURNAL OF THE SENATE,

McGill Moore Overby Parker Reynolds Riley Rowan Salter Skene Smalley Smith '

Starr Stephens Summers Button Thompson Tysinger Ward Warren Webb Young

Voting in the negative was Senator Johnson

Those not voting were Senators:

Garrard Holley

Hudgins Wasden

Zipperer

On the passage of the bill, the ayes were 50, nays 1.

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

HB 1321. By Mr. Collins of the 122nd:
A bill to amend an Act relating to the sale of flue-cured leaf tobacco in this State, so as to further define the intent and purpose of said law; to provide additional conditions upon which licenses may be granted, suspended, or revoked; to provide for the orderly marketing of leaf tobacco by allocation of sales opportunity.
Senator Dean of the 6th offered the following substitute to HB 1321:
A BILL
To be entitled an Act to amend an Act relating to the sale of fluecured leaf tobacco in this State, approved March 7, 1960 (Ga. Laws 1960, p. 214), as amended, so as to further define the intent and purpose of said law; to provide additional conditions upon which licenses may be granted, suspended, or revoked; to provide for the orderly marketing of leaf tobacco by allocation of sales opportunity; to provide that per sons, firms and corporations purchasing tobacco at auction at any fluecured leaf tobacco auction sales establishment licensed hereunder shall be deemed to be a tobacco dealer; to provide for licenses for tobacco dealers; to provide for reports and records; to provide for rules and regulations; to provide for refusal, suspension and revocation of licenses; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 6, 1974

669

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. An Act relating to the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. Laws 1960, p. 214), as amended, is hereby amended by adding at the end of Section 1 the fol lowing :

"It is further found that external disruptive forces and influ ences upon buyers and sales opportunity have operated to effect dis crimination and disadvantage upon flue-cured leaf tobacco producers in this State in the free entry and sale of their tobacco in interstate commerce. It is the intent and purpose of this Act to eliminate dis crimination in the entry and sale of tobacco in commerce by pro viding for equitable allocation of sales opportunity and by providing for licensing of flue-cured leaf tobacco auction sales which will op timize the movement and sale in commerce of tobacco produced in this State, and eliminate discrimination against such movement and sale."

Section 2. Said Act is further amended by adding, between Sections 2A and 3, a new Section, to be designated as Section 2B, to read as follows:

"Section 2B. In addition to other authority granted him by this Act, the Commissioner shall be authorized to deny issuance of, or to suspend or revoke, any license provided herein for any violation of this Act, or upon a finding that the applicant or licensee has engaged in conduct contrary to the expressed intent and purpose of this Act with respect to discrimination in the sale of tobacco. In the determination of discrimination in the sale of tobacco the Commissioner is authorized to consider, among other factors, the solicitation of tobacco for auction by an applicant or licensee in such manner as to unreasonably deplete sales opportunity required for the equitable movement and sale of tobacco produced in this State."

Section 3. Said Act is further amended by adding, between Sections 4 and 5, a new Section, to be designated as Section 4A, to read as follows:
"Section 4A. In the event sales opportunity shall be designated or allocated to this State by any regulatory group or committee, the Commissioner shall be authorized to allocate such sales op portunity among the warehouses operating under license issued hereunder in such manner as to effectuate the expressed intent and purpose of this Act. The Commissioner may consider, among other factors, the history factor used by the regulatory group or com mittee for assigning sales opportunity for cross-belt tobacco, the previous five year sales history of such licensees, and the previous five year sales history of such licensees of selling Georgia grown tobacco, in order to effectuate an allocation which will eliminate or reduce discrimination against producers in this State in the entry and sale of their tobacco in commerce. In recognition of the unique characteristics of the marketing of tobacco by auction, and

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JOURNAL OF THE SENATE,

the necessity of immediate response to marketing conditions, such allocation of sales time need not be effected by the promulgation of regulations, but may be issued and published in such manner as the Commissioner deems necessary and expedient, provided that no such allocation shall be effective upon less than 24 hours actual notice to the affected licensee."

Section 4. Said Act is further amended by adding, between Sec tions 18 and 19, a new Section, to be designated Section ISA, to read as follows:

"Section ISA. Any person, firm or corporation, purchasing to bacco at auction at any flue-cured leaf tobacco auction sales estab lishment licensed hereunder shall be deemed to be a tobacco dealer. It shall be unlawful for any person, firm or corporation to engage in the business of a tobacco dealer without first having secured a license therefor from the Commissioner. There shall be no charge for such license, which shall be issued on an annual basis. Employees of a licensed tobacco dealer need not be individually licensed. The Commissioner is hereby authorized to provide by rule or regulation for the filing of reports and records by licensed tobacco dealers con taining such information as the Commissioner shall deem necessary for the proper enforcement of this Act. The Commissioner may refuse, suspend or revoke any such license upon a showing of vio lation of any provision of this Act or any rule or regulation prom ulgated and adopted pursuant to this Act."

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 38, nays 2, 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th

Brown of 47th Carter Cleland Coggin

Coverdell Cox Dean Doss

WEDNESDAY, FEBRUARY 6, 1974

671

Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holloway Howard Jackson Johnson Kennedy

Kidd Langford Lester London McDuffie McGill Moore Overby Reynolds Riley Rowan Salter Skene Smalley

Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Holley

Hudgins

Parker

On the passage of the bill, the ayes were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Rowan of the 8th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1321.

HR 473. By Mr. Nessmith of the 76th and others: A resolution relative to the allocation of natural gas to be used in the production of nitrogen.
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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Cleland Coggin Coverdell

672
Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holloway

JOURNAL OF THE SENATE,

Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Reynolds

Riley Rowan Salter Skene Smalley Starr Stephens Sutton Thompson Tysinger Warren Wasden Zipperer

Those not voting were Senators:

Holley Hudgins Parker

Smith Summers Ward

Webb Young

On the adoption of the resolution, the ayes were 48, nays 0.

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

Senator McDuffie of the 19th, Chairman of the Committee on Senate Ad ministrative Affairs, submitted the following report:

Mr. President:

Your Committee on Senate Administrative Affairs has read and examined the following bill of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Gov ernor :

SB 439.

Respectfully submitted,

McDuffie of 19th District,

Chairman.

The following bill of the House was read the first time and referred to committee:

HB 164. By Messrs. Lambert of the 97th and Wood of the 9th: A bill to amend the Georgia Insurance Code, so as to add a new Code

WEDNESDAY, FEBRUARY 6, 1974

673

Section 59-322 prohibiting lending institutions and public utilities, and their holding companies from engaging in selling insurance in places exceedng 5,000 population, except for credit life, accident, and sickness insurance.

Referred to Committee on Banking and Finance.

Senator Coggin of the 35th 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.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Thursday, February 7, 1974

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today, and was called to order by the President Pro Tempore, Senator Gillis of the 20th.

Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.

Senator Hudgins of the 16th moved that the Senate reconsider its action in defeating the following resolution of the Senate:

SR 293. By Senator Jackson of the 16th:
A resolution proposing an amendment to the Constitution so as to exempt from all ad valorem taxation real property of a significant historical value which has been restored or reconstructed, which is open to the public and which is certified by the Department of Natural Resources; to provide for the submission of this amendment for ratification or re jection.

On the motion, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Dean Doss Duncan Fincher Garrard Hamilton Henderson Holley
Howard

Hudgins Johnson Kennedy Kidd McGill Overby Parker Reynolds Riley
Salter

Skene Stephens Summers Thompson Tysinger Warren Wasden Young Zipperer

Those voting in the negative were Senators:

Eldridge Herndon Langford

Rowan Smalley Sutton

Webb

THURSDAY, FEBRUARY 7, 1974

675

Those not voting were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland Coggin

Coverdell Cox Gillis (presiding) Hill Holloway Jackson Lester

London McDuffie Moore Smith Starr Ward

On the motion to reconsider the ayes were 29, nays 7; the motion prevailed, and SR 293 was placed on the Senate Calendar.

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

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 235. By Messrs. Groover of the 75th, Tucker of the 69th and others:
A bill to amend an Act entitled "An Act to provide for the creation of the office of district attorney emeritus"; to prescribe eligibility for incumbents.

HB 1464. By Mr. Groover of the 75th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exclude from the terms "retail sale" and "sale at retail" as used in said Act, charges for transportation to certain private elementary and secondary schools in this State.

HB 1474. By Messrs. Nix of the 20th, Horton of the 56th and others:
A bill to amend an Act providing for the confiscation and condemnation of certain vehicles and conveyances used in illegal trafficking of certain drugs, so as to provide that certain additional vehicles and conveyances are contraband.

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HB 214. By Messrs. Burruss of the 21st, Kreeger of the 21st and others:
A bill to exempt from all ad valorem taxation for educational purposes levied by any county or independent school district the homestead of any resident of such county or independent school district who is 62 years of age or older and has an income not exceeding $6,000 per annum.

HB 1260. By Messrs. Morgan of the 70th, Smith of the 74th and others:
A bill to amend an Act making it unlawful to alter the suspension system of any private passenger motor vehicle, so as to provide that it shall be unlawful to operate any private passenger motor vehicle upon which the suspension system has been altered more than two inches above or below the factory recommendation for any such vehicle.

HB 1573. By Messrs. Morgan of the 70th, Snow of the 1st and others:
A bill to amend Code Section 26-1302, relating to the crime of aggra vated assault, so as to provide a penalty for the commission of the crime with the intent to commit certain other crimes.

HB 1560. By Mr. Marcus of the 26th:
A bill to require the Department of Public Safety to provide forms for the gift of all or part of a person's body conditioned upon the death of the donor whenever a person applies for the issuance, reissuance, or re newal of any driver's license; to require a notation on the face or reverse of a driver's license as to whether the licensee has executed a gift of all of part of his body conditioned upon the death of the donor.

HB 1333. By Mr. Alexander of the 38th:
A bill to amend an Act regulating charges and interests on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, so as to provide that certain persons shall not be within the regulatory authority of the Act.

HB 1423. By Mr. Northcutt of the 68th:
A bill to provide for an annual inspection of penal facilities in this State; to provide for the Comptroller General to make such inspections; to provide for public reports on the findings of such inspection.

HB 1437. By Messrs. Buck of the 87th and Farrar of the 52nd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change the provisions relating to military service credit.

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677

HB 1594. By Mr. Farrar of the 52nd:
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 change certain definitions relative to the school year and school month under certain emergency conditions..

HB 1595. By Mr. Farrar of the 52nd:
A bill to amend Code Section 32-1005, relating to bonds of county school superintendents, so as to make said Code Section applicable to both county and independent school superintendents.

HB 1365. By Messrs. Buck of the 87th and Farrar of the 52nd:
A bill to amend an Act establishing the Teachers' Retirement System, so as to make a technical correction relative to reference to a section; to change the provisions relative to time for filing service retirement applications.

HB 1657. By Mr. Greer of the 43rd:
A bill to provide that confidential or privileged medical matter which constitutes a record, or part thereof, kept by a health care facility or physician, does not lose its confidential or privileged character when dis closed in certain circumstances.

HB 1558. By Messrs. Dixon of the 126th, Dorminy of the 115th and others:
A bill to add one additional judge of the superior courts for the Waycross Judicial Circuit of Georgia; to provide for the appointment of the first additional judge by the Governor; to provide for the election of said addi tional judge and for the election of successors; to prescribe the powers of said judge.

HB 744. By Messrs. Dixon of the 126th and Odom of the 114th:
A bill to amend Code Chapter 40-19, relating to the Supervisor of Pur chases, so as to authorize the Commissioner to procure fidelity bonds covering State employees except such bonds of elected State Officers or other officers required to give a special bond.

The House has adopted the report of the second Committee of Conference on the following bill of the House, to-wit:

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JOURNAL OP THE SENATE,

HB 176. By Mr. Greer of the 43rd:
A bill to provide credit for prior service to general employee and teacher members of pensions systems of cities of more than 200,000 population under certain circumstances.

The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 1402. By Mr. Grahl of the 88th: A bill to require all pecan processors and wholesalers in the State of Georgia to secure a license from the Department of Agriculture.

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

HB 1261. By Mr. Busbee of the 114th:
A bill to provide procedures for public disclosure of contributions and expenditures made in connection with campaigns for the offices of Gov ernor and Lieutenant Governor.

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

HR 439. By Messrs. Lane of the 40th and Adams of the 36th:
A resolution proposing an amendment to the Constitution so as to ex clude retirement, pension or disability benefits, up to a certain maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.

The following bills of the Senate were introduced, read the first time and referred to committees:
SB 645. By Senator Rowan of the 8th:
A bill to amend an Act creating a Small Claims Court in each county in this State having a population of not less than 11,775 and not more than 12,100 according to the United States Decennial Census of 1960 or any future such census, as amended, so as to change the population category within which such courts are created; to increase the range of such courts' jurisdiction.
Referred to Committee on County and Urban Affairs.

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679

SB 646. By Senator Tysinger of the 41st:
A bill to amend Code Chapter 84-3, relating to architects, as amended, so as to change the provision defining the practice of architecture.
Referred to Committee on Business, Trade and Commerce.

SB 647. By Senators Riley of the 1st and Dean of the 6th:
A bill to amend Code Section 93-307.1, relating to procedures for utility rate changes, so as to change the provisions relating to the suspension of the operation of schedules for certain periods of time; to change the bond provisions.
Referred to Committee on Public Utilities and Transportation.

SB 648. By Senator Rowan of the 8th:
A bill to amend an Act providing a new charter for the Town of Enigma, as amended, so as to change the method of electing the mayor and councilmen; to provide for the practices and procedures in connection with municipal elections; to provide for the appointment of boards, commissions and committees; to provide for other matters relative to the foregoing.
Referred to Committee on County and Urban Affairs.

SB 649. By Senator Rowan of the 8th:
A bill to amend an Act to create the Council on Maternal Health, so as to change the name of said Council; to change the membership of said Council.
Referred to Committee on Institutions and Mental Health.

SB 650. By Senators Rowan of the 8th and Kidd of the 25th:
A bill to be known as the "Georgia Ambulance Services Act"; to provide for a short title; to provide for definitions; to create the Georgia State Board of Ambulance Service; to provide for terms of office; to provide for appointment of members of the Board and their duties, powers, au thority, compensation, officers, agents, employees, qualifications and manner of filling vacancies.
Referred to Committee on Health and Welfare.

SB 651. By Senator Johnson of the 38th:
A bill to provide that on or after April 1, 1974, no person shall be elected as a justice of the peace, nor shall any person be appointed as a notary public ex officio justice of the peace in certain counties of this State; to

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abolish the offices of justice of the peace, notary public ex officio justice of the peace and constable in such counties.
Referred to Committee on Judiciary.

SB 652. By Senator Johnson of the 38th:
A bill to amend Code Chapter 26-29, relating to crimes involving dan gerous instrumentalities and practices, so as to change certain provisions relating to the issuance of a license to carry a pistol or revolver; to provide for additional identification information relative to such licensure; to provide that forms relative to such licensure shall be pre scribed by the Secretary of State.
Referred to Committee on Judiciary.

SB 653. By Senator Howard of the 42nd:
A bill to establish an Executive Center Fine Arts Committee; to provide for the appointment, qualifications, terms of office of members; to pro vide for professional advisors and compensation thereof; to prescribe certain powers and duties of the Committee; to require departments, commissions, boards, agencies, officers and institutions of the State or political subdivisions thereof to cooperate with the Committee in certain respects.
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 214. By Messrs. Burruss of the 21st, McDaniell of the 20th, Kreeger of the 21st and others:
A bill to exempt from all ad valorem taxation for educational purposes levied by any county or independent school district the homestead of any resident of such county or independent school district who is 62 years of age or older and has an income not exceeding $6,000 per annum.
Referred to Committee on Banking and Finance.

HB 235. By Messrs. Groover of the 75th, Tucker of the 69th, Adams and Smith of the 74th:
A bill to amend an Act entitled "An Act to provide for the creation of the office of district attorney emeritus"; to prescribe eligibility for incumbents.
Referred to Committee on Retirement.

THURSDAY, FEBRUARY 7, 1974

681

HB 744. By Messrs. Dixon of the 126th and Odom of the 114th:
A bill to amend Code Chapter 40-19, relating to the Supervisor of Pur chases, so as to authorize the Commissioner to procure fidelity bonds covering State employees except such bonds of elected State Officers or other officers required to give a special bond.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1260. By Messrs. Morgan of the 70th, Smith of the 74th and Adams of the 36th:
A bill to amend an Act making it unlawful to alter the suspension system of any private passenger motor vehicle, so as to provide that it shall be unlawful to operate any private passenger motor vehicle upon which the suspension system has been altered more than two inches above or below the factory recommendation for any such vehicle.
Referred to Committee on Highways.

HB 1261. By Mr. Busbee of the 114th:
A bill to provide procedures for public disclosure of contributions and expenditures made in connection with campaigns for the offices of Governor and Lieutenant Governor.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1333. By Mr. Alexander of the 38th:
A bill to amend an Act regulating charges and interests on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, so as to provide that certain persons shall not be within the regulatory authority of the Act.
Referred to Committee on Banking and Finance.

HB 1365. By Messrs. Buck of the 87th and Farrar of the 52nd:
A bill to amend an Act establishing the Teachers' Retirement System, so as to make a technical correction relative to reference to a section; to change the provisions relative to time for filing service retirement applications.
Referred to Committee on Retirement.

HB 1423. By Mr. Northcutt of the 68th: A bill to amend an Act establishing the State Employees' Retirement

682

JOURNAL OF THE SENATE,

System, so as to change the time of retirement of certain persons in the Uniform Division of the Department of Public Safety.
Referred to Committee on Retirement.

HB 1437. By Messrs. Buck of the 87th and Farrar of the 52nd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change the provisions relating to military service credit.
Referred to Committee on Retirement.

HB 1464. By Mr. Groover of the 75th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exclude from the terms "retail sale" and "sale at retail" as used in said Act, charges for transportation to certain private elementary and secondary schools in this State.
Referred to Committee on Banking and Finance.

HB 1474. By Messrs. Nix of the 20th, Horton of the 56th, McKinney of the 35th and others:
A bill to amend an Act providing for the confiscation and condemnation of certain vehicles and conveyances used in illegal trafficking of certain drugs, so as to provide that certain additional vehicles and conveyances are contraband.
Referred to Committee on Special Judiciary.

HB 1558. By Messrs. Dixon of the 126th, Hudson of the 115th, Wheeler and Grantham of the 127th and others:
A bill to add one additional judge of the superior courts for the Waycross Judicial Circuit of Georgia; to provide for the appointment of the first additional judge by the Governor; to provide for the election of said additional judge and for the election of successors; to prescribe the powers of said judge.
Referred to Committee on Judiciary.

HB 1560. By Mr. Marcus of the 26th:
A bill to require the Department of Public Safety to provide forms for the gift of all or part of a person's body conditioned upon the death of the donor whenever a person applies for the issuance, reissuance, or renewal of any driver's license; to require a notation on the face or reverse of a driver's license as to whether the licensee has executed a gift of all or part of his body conditioned upon the death of the donor.
Referred to Committee on Highways.

THURSDAY, FEBRUARY 7, 1974

683

HB 1573. By Messrs. Morgan of the 70th, Snow of the 1st, Bennett of the 124th and others:
A bill to amend Code Section 26-1302, relating to the crime of aggravated assault, so as to provide a penalty for the commission of the crime with the intent to commit certain other crimes.
Referred to Committee on Special Judiciary.

HB 1594. By Mr. Farrar of the 52nd:
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 change certain definitions relative to the school year and school month under certain emergency conditions.
Referred to Committee on Elementary and Secondary Education.

HB 1595. By Mr. Farrar of the 52nd:
A bill to amend Code Section 32-1005, relating to bonds of county school superintendents, so as to make said Code Section applicable to both county and independent school superintendents.
Referred to Committee on Elementary and Secondary Education.

HB 1657. By Mr. Greer of the 43rd:
A bill to provide that confidential or privileged medical matter which constitutes a record, or part thereof, kept by a health care facility or physician, does not lose its confidential or privileged character when disclosed in certain circumstances.
Referred to Committee on Health and Welfare.

HR 439. By Messrs. Lane of the 40th and Adams of the 36th: A resolution proposing an amendment to the Constitution so as to ex clude retirement, pension or disability benefits, up to a certain maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.
Referred to Committee on Rules.
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

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JOURNAL OP 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 1098. Do pass as amended. HB 1372. Do pass as amended.
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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 596. Do pass by substitute.
Respectfully submitted, Holley of 22nd District, Chairman.

Senator Kidd of the 25th 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 294. Do pass by substitute. SB 418. Do not pass. SB 426. Do not pass. SB 454. Do pass by substitute. SB 474. Do not pass. SB 575. Do pass by substitute. SB 615. Do pass. SB 642. Do pass.

THURSDAY, FEBRUARY 7, 1974

685

HB 1410. Do pass. HR 259. Do pass.

Respectfully submitted, Kidd of 25th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Health

and Welfare, submitted the following report:

*

Mr. President:

Your Committee on Health and Welfare has had under consideration the fol lowing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 493. Do not pass. SB 573. Do pass. SB 599. Do pass. HB 1418. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.

Senator Fincher of the 54th 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 428. Do pass by substitute. SB 613. Do pass. SB 547. Do pass as amended. SB 612. Do pass by substitute.
Respectfully submitted, Fincher of 54th District, Chairman.

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JOURNAL OF THE SENATE,

Senator Reynolds of the 48th District, Chairman of the Committee on High ways, submitted the following report:

Mr. President:

Your Committee on Highways has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 503. Do pass by substitute.
SB 605. Do pass as amended. HB 1276. Do pass. HB 1326. Do pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

Senator Lester of the 23rd District, Chairman of the Committee on Institu tions and Mental Health, submitted the following report:
Mr. President:
Your Committee on Institutions and Mental Health has had under considera tion the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 603. Do pass. Respectfully submitted, Lester of 23rd District Chairman.

Senator Johnson of the 38th District, Chairman of the Committee on Judici ary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 37. Do pass by substitute. Respectfully submitted, Johnson of 38th District, Chairman.

THURSDAY, FEBRUARY 7, 1974

687

Senator Dean of the 6th District, Chairman of the Committee on Natural Resources and Environmental Quality, submitted the following report:

Mr. President:

Your Committee on Natural Resources and Environmental Quality 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 423. Do pass by substitute.
HB 1346. Do pass.
HB 1395. Do pass.
HR 284. Do pass.
Respectfully submitted,
Dean of 6th District
Chairman.

Senator London of the 50th District, 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 Chairman, to report the same back to the Senate with the following recommendation:
SR 334. Do pass.
Respectfully submitted, London of 50th District, Chairman.

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

SR 334. By Senators Tysinger of the 41st, Holley of the 22nd, Brown of the 47th and others:
A resolution proposing an amendment to the Constitution so as to provide for joint introduction of bills and resolutions by Senators and Repre sentatives; to provide for the submission of this amendment for ratifica tion or rejection.

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JOURNAL OF THE SENATE,

HB 1098. By Mr. Davis of the 85th:
A bill to amend Section 92-3102 of the Code of Georgia of 1933, so as to provide for the clarification of the non-deductibility of certain taxes paid by corporations.

HB 1372. By Mr. Oxford of the 101th:
A bill to amend Code Title 92, relating to public revenue, so as to provide for refunds of taxes and license fees which have been erroneously or illegally assessed and collected by counties and municipalities or over paid by taxpayers, whether paid voluntarily or involuntarily.

SB 596. By Senators Coverdell of the 40th and Herndon of the 10th:
A bill to amend Code Section 92-6402, relating to taxes payable to coun ties in which returns are made, so as to provide that a penalty of five (5%) percent of the tax shall accrue on taxes not paid on or before December 20 of each year and interest shall accrue on unpaid taxes and penalties at a rate of eight (8 r/r) percent per annum plus a surcharge as determined for the applicable tax year by the State Revenue Com missioner.

SB 428. By Senator Thompson of the 32nd:
A bill to amend Code Title 79A, as amended, so as to provide that it shall be unlawful for any person to possess a hypodermic syringe or needle or any other instrument adapted for the use of administering habit-forming drugs unless such possession has been obtained upon a valid written prescription.

SB 503. By Senators Lester of the 23rd, Thompson of the 32nd and Cox of the 21st:
A bill to amend an Act known as the "Litter Control Law", approved March 20, 1970 (Ga. Laws 1970, p. 494), so as to change the penalty for littering.

SB 547. By Senator Moore of the 56th:
A bill to amend Code Section 79A-808, relating to prescription, admin istration, and dispensation of narcotic drugs, so as to require an appro priate physical examination before a narcotic drug is prescribed for any person.

SB 573. By Senator Hill of the 29th:
A bill to regulate the practice of orthotics and prosthetics; to provide for a short title; to define certain terms; to provide for a Board of

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689

Orthotists and Prosthetists; to provide for appointment of the members of the board by the Governor; to provide for qualifications, terms, powers and duties of the members of the board; to provide for the educational training and qualifications of applicants.

SB 599. By Senator Rowan of the 8th:
A bill to require the Department of Public Safety to provide forms for the gift of all or part of a person's body conditioned upon the death of the donor whenever a person applies for the issuance, reissuance, or renewal of any driver's license; to require a notation on the face or re verse of a driver's license as to whether the licensee has executed a gift of all or part of his body conditioned upon the death of the donor.

SB 605. By Senator Reynolds of the 48th:
A bill to amend the Ga. Code of Public Transportation, Title 95A, ap proved April 18, 1973 (Ga. Laws 1973, p. 947), as amended, so as to make certain technical clarifications therein; to make certain grammatical and spelling corrections; to correct typographical errors; to provide for mass transportation grants; to provide financial support for clearing harbors; to provide compensation for the Board; to provide for limita tions on outdoor advertising; to provide for appeals of liquidated damages to roads.

SB 612. By Senator Fincher of the 54th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to provide for all matters relative to the composition, qualifications for membership, filling of vacancies, and duties and powers of the Composite State Board of Medical Examiners; to provide for all matters relative to the employment, duties and powers of such personnel as may be necessary to assist the Composite State Board of Medical Examiners.

SB 613. By Senator Fincher of the 54th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, as amended, so as to change certain definitions; to change the provisions relating to information required on prescriptions and labels on containers.

HE 1276. By Mr. Savage of the 30th and others:
A bill to provide certain standards for the construction of curbs on each side of city streets; to require curb ramps for handicapped persons.

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HB 1326. By Mr. Adams of the 14th:
A bill to amend an Act creating the Department of Public Safety, so as to prescribe categories and salaries for driver's license examiners; to provide for furnishing of uniforms; to provide for promotion.

HB 1418. By Mr. Greer of the 43rd:
A bill to amend Code Section 88-1816, relating to the payment of general obligations of hospital authorities, so as to authorize hospital authorities to issue obligations, other than revenue obligation certificates, having a term in excess of one year.

SB 603. By Senator Smith of the 34th:
A bill to amend Code Chapter 53-1, relating to marriage, as amended, so as to require a sterilization procedure to be performed on certain ir reversibly and incurably mentally incompetent persons before such per sons shall be permitted to enter into marriage; to provide procedures whereby it can be determined whether certain persons should have a sterilization procedure performed.

SB 423. By Senator Wasden of the 2nd:
A bill to provide for the protection and wise use of certain beach and highland areas of this State and the vegetation thereon.

SB 454. By Senators Holloway of the 12th and Webb of the llth: A bill to be known as the "1974 Public Disclosure Act".

SB 575. By Senator Holloway of the 12th:
A bill to provide the granting of emergency powers of crisis management to the Governor; to provide for a title; to provide that the Governor is empowered to cooperate with the President and Federal agents of the United States concerning energy crisis and common defense matters; to provide that the Governor is empowered to use property, services and resources of the State for the purposes of this Act.

SB 615. By Senator Kidd of the 25th:
A bill to provide for a requirement of American citizenship for appoint ment to any governmental position that participates directly in the formulation, execution or review of public policy.

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691

SB 642. By Senator Smith of the 34th:
A bill to amend Title 34A, relating to municipal elections, as amended, so as to change the time within which registrars shall cease taking applications for registrations; to provide for the publication of notices of special elections; to provide the procedures connected therewith.

HB 1346. By Mr. Alien of the 108th and others:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, so as to change the provisions relative to additional license fees for com mercial fishing boats of aliens and nonresidents.

HB 1395. By Mr. Larsen of the 27th and others:
A bill to create an Environmental Education Advisory Council and to enable and direct the Department of Natural Resources, in conjunction with the Council, to develop a proposed Environmental Education Plan.

HB 1410. By Mr. Murphy of the 18th:
A bill to amend an Act creating the Legislative Services Committee, so as to grant control, authority and jurisdiction over the State Capitol Building to the Legislative Services Committee.

HR 259. By Mr. Connell of the 80th and others: A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide for the payment of $250,000 to the first person, firm or corporation which establishes a plant for the commercial production of aluminum ore from kaolin and produces a mini mum of 300,000 tons annually.
The following local, uncontested bills and resolutions of the House, favorably reported by the committee, were read the third time and put upon their passage:
HB 1343. By Mr. Harris of the 51st: A bill to amend Code Title 59, relating to juries, so as to provide for investigative grand juries in certain counties (population of not less than 400,000 or more than 600,000).
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 39, nays 0.

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

HB 1488. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
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 compensation of the tax commis sioner.

The report 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 1489. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Walker County, so as to change the compensation of the clerk of the superior court of Walker County.

The report 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 1490. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th: A bill to amend an Act placing the Ordinary of Walker County on a salary basis, so as to change the compensation of the ordinary of Walker County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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693

On the passage of the bill, the ayes were 39, nays 0.

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

HB 1491. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th: A bill to amend an Act placing the Sheriff of Walker County upon an annual salary, so as to change the compensation of the Sheriff of Walker County.
The report 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 1492. By Messrs. Snow and Hays of the 1st, Foster and Cole of the 6th:
A bill to amend an Act creating the office of Commissioner of Walker County, so as to change the compensation and traveling expenses of the commissioner.

The report 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 1635. By Mr. Shanahan of the 7th:
A bill to amend an Act providing a new charter for the City of Calhoun, so as to define the corporate limits of said City; to delete certain pro visions relative to the annexation of territory.

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

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On the passage of the bill, the ayes were 39, nays 0.

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

HB 1644. By Messrs. Buck of the 87th, Davis of the 85th, Adams of the 84th and others:
A bill to amend an Act providing for alternative times for making tax returns in all counties of this State having a population of not less than 170,000 nor more than 200,000, which are authorized by law or consti tutional amendment to operate a joint tax receiving or tax assessing program with any other political subdivision, so as to change the popu lation figures and the census contained therein.

The report 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 1646. By Messrs. Hudson, Dorminy and Rainey of the 115th: A bill to amend an Act incorporating the City of Ocilla, so as to provide that aldermen must resign from office prior to qualifying as candidates for the office of mayor of the City of Ocilla under certain conditions.

The report 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 1648. By Messrs. Alien of the 108th, Gignilliat of the 105th, Ellis of the 107th and others:
A bill to amend an Act incorporating the City of Savannah Beach, Tybee Island, in the County of Chatham and State of Georgia, so as to change the corporate limits of said city; to regulate taxation in areas added to the corporate limits; to provide for a referendum.

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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 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1649. By Messrs. Rush of the 104th and Brantley of the 82nd: A bill to amend an Act establishing the State Court of Tattnall County (formerly the City Court of Reidsville), so as to change the salary of the judge of said court.
The report 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 1650. By Messrs. Rush of the 104th and Brantley of the 92nd:
A bill to amend an Act establishing the State Court of Tattnall County (formerly the City Court of Reidsville), so as to change the title and compensation of the solicitor of said court.

The report 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 1654. By Messrs. Bennett, Patten and Reaves of the 124th:
A bill to amend an Act incorporating the Town of Dasher, so as to pro vide powers for the Town Council relative to levy and collection of ad valorem taxes; to require the use of the Lowndes County Tax Assessor's property valuation for levying taxes.

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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 39, nays 0.

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

HB 1655. By Mr. Groover of the 75th:
A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, so as to change the name of the police court of said city; to provide for a recorder of said court.

The report 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 1662. By Mr. Willis of the 119th:
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 provisions relative to the sheriff's duties and other employees.

The report 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 1663. By Messrs. Bohannon and Patterson of the 64th:
A bill to provide the method of filling vacancies in the membership of the Carroll City-County Hospital Authority.

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697

The report 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 1673. By Mr. Castleberry of the 96th: A bill to amend an Act placing the sheriff of Webster County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to personnel employed by the sheriff.
The report 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 1674. By Mr. Castleberry of the 96th:
A bill to amend an Act creating- the office of Commissioner of Stewart County, so as to change the provisions relating to the clerk of the com missioner, and the compensation of the clerk.

The report 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 1679. By Mr. Fraser of the 117th:
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.

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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 39, nays 0.

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

HB 1683. By Messrs. Strickland and Harrison of the 116th:
A bill to amend an Act to create a small claims court in certain counties of the State having a population of not less than 8,905 and not more than 8,920, so as to change the population category within which said court is created.

The report 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 1686. By Messrs. Patterson and Bohannon of the 64th, Mullinax of the 65th and others:
A bill to reincorporate the Town of Centralhatchee in the County of Heard and State of Georgia; to create a new charter for the town.

The report 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.

HR 491. By Mr. Dean of the 60th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption of $2,000.00 from all ad valorem taxes levied by

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699

the City of Norcross for persons 62 years of age or over; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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

"The City of Norcross is authorized to grant to each person who is sixty-two (62) 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."

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 a homestead exemption of $2,000.00 from all ad valorem
( ) NO taxes levied by the City of Norcross for persons 62 years of age or over?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against 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 by Senator Gillis of the 20th, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th

Brown of 47th Carter Coggin Coverdell

Dean Doss Duncan Eldridge

700
Fincher Garrard Hamilton Herndon Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd

JOURNAL OF THE SENATE,

Langford Lester London McDuffie McGill Overby Parker Riley Rowan Salter Skene Smalley

Stephens Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Cox Gillis (presiding) Henderson

Hill Moore Reynolds Smith

Starr Ward

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 563. By Messrs. Strickland and Harrison of the 116th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize tax ation and the expenditure of public funds by the governing authority of Appling County for the development of trade, commerce, industry, and employment opportunities within Appling County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provision of this Constitution to the contrary not withstanding, the governing authority of Appling County is hereby authorized to tax and expend the public funds of Appling County for the development of trade, commerce, industry, and employment opportunities within Appling County. The governing authority shall not levy a tax or expend the funds of Appling County in an amount

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701

exceeding $100,000.00 per annum. The governing authority of Appling County is hereby authorized to use such funds for the pur chase of land and site preparation and may resell such land for development upon such terms and conditions as the governing authority shall impose. The use of funds and the exercise of the power of taxation for the purposes provided for in this paragraph are hereby declared to be for a public purpose."

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 taxation and the expenditure of public funds by the
( ) NO governing authority of Appling County for the de velopment of trade, commerce, industry, and employ ment opportunities within Appling County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

The resolution, proposing an amendment to the Constitution, a roll call was ordered by Senator Gillis of the 20th, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Dean Doss Duncan

Eldridge Fincher Garrard Hamilton Herndon Holley Holloway Howard Hudgins Jackson Johnson

Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Riley Rowan

702
Salter Skene Smalley Stephens Summers

JOURNAL OF THE SENATE,

Sutton Thompson Tysinger Warren Wasden

Webb Young Zipperer

Those not voting were Senators:

Cleland Cox Gillis (presiding) Henderson

Hill Moore Reynolds Smith

Starr Ward

On the adoption of the resolution, the ayes were 46, nays 0.

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

Senator Gillis of the 20th, who was presiding, ordered the morning call of the roll, and the following Senators answered to their names:

Ballard Barker Bell Brown of 47th Carter Coggin Coverdell Dean Doss Duncan Eldridge Pincher Garrard Hamilton Herndon Holley

Holloway Howard Hudgins
Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not answering to their names were Senators:

Broun of 46th Cleland
Cox

Gillis (presiding) Henderson Hill

Moore Smith Starr

Senator Johnson of the 38th introduced as Chaplain, The Reverend Martin Luther King, Sr., who offered scripture reading and prayer.

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703

The following is the Senate Rules Calendar for today:

SB 485. Public School Employees Retirement System--certain employees become members (AM)

SB 500. Electric Membership Corporation Director--compensation for services

SB 551. Alcoholic Beverage Sale in Grocery Store--age limitation (SUB)

SB 572. Prison Guards and Wardens--have arrest powers

SB 581. Bryan County--mixed drinks

SB 589. Interest and Usury--change maximum rate

SB 600. Corporations--use of "trust" and "trust company"

SB 607. Georgia Factory for the Blind--change name

SB 617. Selected Drug Offenders--treatment

SB 618. Chatham County--mixed drinks

SR 283. Retired Teachers--increase benefits

SR 324. Constitutional Convention--provide by law

HB 58. Employees' Retirement System--remove age provisions (SUB)

HB 924. Misdemeanor Sentences--may be served on weekends

HB 1100. Corporate Income Allocation and Apportionment--relating to

HB 1108. Sales Tax--dealer failing to make returns

HB 1350. Farm Trailers--exempt from braking system

HB 1455. Correctional Industries Administration--composition

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 485. By Senators Fincher of the 54th, McGill of the 24th, Young of the 13th and others: A bill to amend an Act creating the Public School Employees Retirement System, approved Apr. 30, 1969 (Ga. Laws 1969, p. 998), as amended, so

704

JOURNAL OP THE SENATE,

as to authorize certain persons to be employed as public school em ployees, to become members and to establish prior service credits under the Retirement System; to provide for a procedure for establishing such prior service credits.

The following fiscal notes, as required by law, were read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334 February 4, 1974

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note--Senate Bill 485 (Amended)

This bill amends the Public School Employees' Retirement System law to allow person to establish prior service credits should they become employed from July 1, 1974 to December 31, 1974 provided they were at least age 65 on June 30, 1970 and had a minimum of ten years service.

It is estimated that there would be approximately 110 employees eligible to work one month and establish credit and retire. It is also esti mated that these employees would have an average of 15 years each. It is therefore estimated that the total cost of this bill would amount to approximately $1,700,000 and in order to fund same an annual appro priation of $100,000 per year would be needed.

This bill would have an effect on the actuarial soundness of the system unless sufficient monies were budgeted to take care of the addi tional liabilities.

Is/ E. B. Davis Ernest B. Davis, State Auditor

Is/ James T. Mclntyre, State Planning & Budget Officer

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705

Department of Audits 115 State Capitol
Atlanta, Georgia 30334
January 24, 1974

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note--Senate Bill 485

This Bill amends the Public School Employees' Retirement System law to allow persons to establish prior service credits should they be come employed from July 1, 1974 to December 31, 1974.

It is estimated that there would be approximately 700 employees eligible to work one month and establish credits and either retire or freeze their credits until reaching 60 and then retiring. Based on this assumption, it is estimated that the total cost of the bill would be ap proximately $6,000,000 and in order to fund same an annual appropri ation of $300,000 per year would be needed.

This bill would have an effect on the actuarial soundness of the system unless sufficient monies were budgeted to take care of the addi tional liabilities.
/s/ E. B. Davis Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, State Planning & Budget Officer

The Committee on Retirement offered the following amendment: Amend SB 485 by striking on Page 1, line 23, the words, "regardless of age",
and inserting in lieu thereof the following: "who was at least 65 years of age on June 30, 1970, and", and by inserting on Page 1, line 24, between the word "establish"
and the word "prior" the following: "a minimum of 10 years'".

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JOURNAL OF THE SENATE,

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

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton Henderson

Herndon Hill Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Gillis (presiding) Holley

Johnson

Smith

On the passage of the bill, the ayes were 52, nays 0.

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

-B 551. By Senator Bell of the 5th:
A bill to amend an Act making it unlawful for any person to employ persons under 18 years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are -^M or oil tied for sale, approved Mar. 25, 1958, (Ga. Laws 1958, p. 6iO, ;,s :->.iv.pmk-d, so as to authorize

THURSDAY, FEBRUARY 7, 1974

707

the employment of persons under 18 years of age in grocery stores where beer or wine, or both, are sold but not consumed on the premises.

The Committee on Temperance offered the following substitute to SB 551:
A BILL
To be entitled an Act to amend an Act relating to the employment of persons under 18 years of age in any place where liquor, beer, wine, or alcoholic beverages are sold, approved March 25, 1958 (Ga. Laws 1958, p. 640), so as to provide certain exceptions for the employment of such persons in general merchandise stores or in certain counties where the place of employment is a stadium; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. An Act relating to the employment of persons under 18 years of age in any place where liquor, beer, wine, or alcoholic beverages are sold, approved March 25, 1958 (Ga. Laws 1958, p. 640), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. It shall be unlawful for any person to employ in any capacity a person under eighteen years of age in any place where liquor, beer, wine, or alcoholic beverages of any kind are sold or offered for sale. Provided nothing herein shall apply to the em ployment of such persons in establishments selling or offering for sale general merchandise where beer or wine is sold but not con sumed on the premises including, but not limited to, supermarkets and drug stores; and provided, further, that nothing herein shall apply in counties of this State where:
(a) the place of employment is in a stadium where beer is the only alcoholic beverage offered for sale to the public generally, and
(b) no person under eighteen years of age is allowed or re quired, whether directly or indirectly, to dispense, serve, sell, deliver or take orders for any alcoholic beverage or in any manner to aid or assist in dispensing, serving, selling, delivering, or taking orders for such beverages. The provisions of this Section shall in no way affect the authority of the Commissioner of Labor under the Act regulating the employment of children, approved January 30, 1946 (Ga. Laws 1946, p. 67), as amended."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 37, nays 0, and the committee substitute was adopted.

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JOURNAL OF THE SENATE,

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell
Cox
Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Henderson Herndon Holley Holloway Howard Johnson Kennedy Kidd
Langford Lester London McDuffie McGill Moore Overby Parker Rowan

Salter Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Gillis (presiding) Hill Hudgins

Jackson Reynolds Riley

Smith

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 589. By Senator Duncan of the 30th: A bill to amend Code Title 57, relating to interest and usury, as amended, so as to change the maximum rate of interest on certain loans; to change the maximum rate of interest on real estate loans; to provide an effective date.

Senator Garrard of the 37th offered the following amendment:

THURSDAY, FEBRUARY 7, 1974

709

"not"A. mend SB 589 by striking on Page 2, lines 18 and 19 the word

Senator Henderson of the 33rd moved that SB 589 be tabled.

On the motion, the ayes were 27, nays 18; the motion prevailed, and SB 589 was placed on the table.

The President assumed the Chair.

SB 500. By Senator London of the 50th:
A bill to amend an Act known as the "Electric Membership Corporations Act", approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended, so as to provide that directors of Electric Membership Corporations may be compensated for their services rendered on behalf of such corpora tions; to provide an effective date.

Senator Holloway of the 12th offered the following amendment:
Amend SB 500 by adding between the words "services" and "in" on line 24, Page 1, the following:
"Not to exceed $50.00 per meeting or $200.00 per month"
and by adding the same verbage on line 19, Page 2, between the words "services" and "in".

On the adoption of the amendment, Senator London of the 50th called for the ayes and nays, and the call was sustained.

The President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Carter Cleland Coverdell Dean Eldridge Fincher

Hamilton Henderson Herndon Hill Holloway Howard Jackson Langford

Moore Rowan Skene Smalley Sutton Thompson Tysinger Warren

710

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Barker Broun of 46th Brown of 47th Coggin Cox Doss Duncan Garrard Gillis Holley Hudgins

Johnson Kennedy Kidd Lester London McDuffie McGill Overby Parker Reynolds Riley

Salter Starr Stephens Summers Ward Wasden Webb
Young Zipperer

Not voting was Senator Smith.

On the adoption of the amendment, the ayes were 24, nays 31, and the amend ment was lost.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th
Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Hill Holley Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill
Moore Overby

Parker Reynolds Riley Rowan Salter Starr Stephens Summers Sutton Thompson Tysinger Ward Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Cleland Holloway

Langford Skene

Smalley Warren

THURSDAY, FEBRUARY 7, 1974

711

Those not voting were Senators:

Bell

Smith

On the passage of the bill, the ayes were 48, nays 6.

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

Senator Bell of the 5th filed the following statement with the Secretary of the Senate:
"Mr. President:
I support SB 500. I was called from the floor after voting for the amendment. I intended to vote for the bill, but missed the roll call."

The following resolution of the Senate was read and adopted:

SR 349. By Senator Brown of the 47th: A resolution commending Mr. Donald Jackson.

The following general bill of the Senate, favorably reported by the commit tee, was read the third time and put upon its passage:
SB 600. By Senator Coggin of the 35th: A bill to amend Code Section 109-502, relating to the unauthorized use of the terms "trust" or "trust company", so as to provide that a corpora tion lawfully owning the majority of the voting stock of any corpora tion duly authorized under the laws of this State to do a trust business in this State shall not be subject to any of the prohibitions, or restric tions, on the use of the word "trust" or the use of the phrase "trust company".
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the President ordered a roll call, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Skene Smalley Starr Stephens Summers Button Thompson Tysinger Ward Warren Webb Young

Those not voting were Senators:

Ballard Henderson

Smith Wasden

Zipperer

On the passage of the bill, the ayes were 51, nays 0.

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

Senator Herndon of the 10th moved that the following bill of the House be withdrawn from the Committee on Judiciary and recommitted to the Committee on County and Urban Affairs:

HB 1382. By Messrs. Reaves, Patten and Bennett of the 124th:
A bill to provide for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases in the courts of ordinary of certain counties.

On the motion, the ayes were 30, nays 0; the motion prevailed, and HB 1382 was withdrawn from the Committee on Judiciary and recommitted to the Commit tee on County and Urban Affairs.

THURSDAY, FEBRUARY 7, 1974

713

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

SR 324. By Senators Coggin of the 35th, Coverdell of the 40th and Riley of the 1st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and direct the General Assembly to provide by law for a constitutional convention; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XIII, Section I, Paragraph II of the Constitu tion is hereby amended by adding at the end thereof a new paragraph to read as follows:
"Any other provision of this Paragraph to the contrary not withstanding, the General Assembly is hereby authorized and di rected to provide by law for a constitutional convention which shall convene by not later than April 1, 1976. Such constitutional convention shall consist of not less than 40 nor more than 100 mem bers, and the representation thereon shall be based on population as near as practicable in such manner as the General Assembly shall provide by law. Such constitutional convention shall prepare such amendments to or revision of this Constitution as such con vention may deem necessary or desirable. No proposed revision of this Constitution or any amendments thereto prepared by such con stitutional convention shall be effective until such revision or amendment or amendments, as the case may be, shall be submitted to and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General Assembly. The laws adopted by the General Assembly pursuant to the au thority and requirements of this Paragraph may provide for all matters necessary or convenient for the establishment and opera tion of said constitutional convention, and such law shall be passed as other laws are passed under Article III, Section VII, Paragraph XIV of this Constitution."
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 ( ) NO and direct the General Assembly to provide by law for a constitutional convention?"

714

JOURNAL OP 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.

Senator Moore of the 56th offered the following amendment:
Amend SR 324 by striking the comma on line 16 of Page 1, as same appears after the word "members", and inserting in lieu thereof the following phrase:
"to be appointed by joint resolution of the General Assembly,".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Carter . Cleland Coggin Coverdell Cox Dean Doss Eldridge Gillis Hamilton Henderson Herndon

Hill Holloway Howard Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Riley Rowan

Salter Skene Smalley Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Fincher

Summers

Those not voting were Senators:

Brown of 47th Duncan Garrard

Holley Hudgins Johnson

Reynolds Smith

THURSDAY, FEBRUARY 7, 1974

715

On the adoption of the amendment, the ayes were 46, nays 2, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Bell
Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Dean Doss Hamilton Henderson Hill

Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London Moore Overby Reynolds Riley Rowan

Salter Skene Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Cox Eldridge Fincher

Gillis Herndon McDuffie

McGill Parker Smallev

Those not voting were Senators:

Duncan Garrard

Holley Hudgins

Smith

On the adoption of the resolution, the ayes were 42, nays 9.

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

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JOURNAL OF THE SENATE,

SB 607. By Senator Cleland of the 55th:
A bill to amend an Act aproved Mar. 30, 1937 (Ga. Laws 1937, p. 579), as amended, relating to the creation and operation of a factory for blind persons, so as to change the name of the Georgia Factory for the Blind to Georgia Industries for the Blind; to repeal Section 5 thereof relating to the board of managers of said factory.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Henderson

Herndon Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Smalley Starr Stephens Summers
Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Duncan Hamilton Hill

Holloway Salter Skene

Smith

On the passage of the bill, the ayes were 49, nays 0.

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

Senator Coggin of the 35th assumed the Chair.

THURSDAY, FEBRUARY 7, 1974

717

SR 283. By Senators Stephens of the 36th, Johnson of the 38th, and Coggin of the 35th:

A RESOLUTION
Proposing an amendment to the Constitution 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 public schoolteachers who retired pursuant to a retirement or pension system of a county, munici pality or local board of education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"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 public schoolteachers who retired pursuant to a retirement or pension system of a county, municipality or local board of education. The General Assembly shall be authorized to expend State funds for such purposes in such manner and pursuant to such terms and conditions as the General Assembly may provide by law."
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, from time
( ) NO to time, for the increase of retirement or pension benefits of retired public schoolteachers who retired pursuant to a retirement or pension system of a coun ty or local board of education?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

718

JOURNAL OF THE SENATE,

The following fiscal notes, as required by law, were read by the Secretary:

MEMORANDUM

Department of Audits 115 State Capitol
Atlanta, Georgia 30334 January 30, 1974

TO: FROM:

The Honorable Paul Coverdell, Chairman Senate Retirement Committee
Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note--Senate Resolution 283
This proposed amendment to the Constitution would authorize the General Assembly to provide by law for increases of retirement, or pension benefits of retired public school teachers from any county, mu nicipal or local board of education system and expend State funds for any proposed increases.
It is not known as to how many retirement bills would be introduced and passed should this proposal be adopted and, therefore, an estimate of the cost cannot be made. One example would be House Bill 1498, which has been introduced this Session, which would make the retired teachers with the City of Atlanta, Chatham County, Fulton County and the City of Rome eligible for a $9 per month per year of service floor. A study would be needed to estimate the cost of House Bill 1498, however, the Georgia Retired Teachers' Association has estimated same at $890,140 per year cost. Of course the above mentioned bill is an example and as mentioned before it is not possible to estimate a cost.
/s/ E. B. Davis Ernest B. Davis, State Auditor
Is/ James T. Mclntyre, Jr. James T. Mclntyre, State Planning & Budget Officer

TEACHERS RETIREMENT SYSTEM State of Georgia
254 Washington Street, S.W., Phone 656-2954 Atlanta, Georgia 30334 January 31, 1974

MEMORANDUM

TO:

Honorable Paul D. Coverdell, Chairman

Senate Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia

SUBJECT: Senate Resolution 283

This resolution proposes an amendment to the State Constitution to authorize the General Assembly to provide by the enactment of a law for the increase of the retirement benefits of public school teachers who retired with a county, municipality or local pension system.

THURSDAY, FEBRUARY 7, 1974

719

This resolution would not directly affect the actuarial soundness of the Teachers Retirement System; however, the enabling legislation en acted as a result of this resolution certainly would require an appro priation to cover the cost of the increases to the retired teachers of the four local pension funds which would be affected. According to the Georgia Retired Teachers Association, the cost of extending the $9.00 Minimum Floor Payments payable to retired members of the Teachers Retirement System to the retired teachers of the four local retirement funds would be $890,140 per year.

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 by Senator Coggin of the 35th, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Carter Cleland Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overbv

Parker Reynolds Riley Rowan Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Smalley.

Those not voting were Senators:

Brown of 47th Coggin (presiding) Duncan

Hill Salter Skene

Smith

On the adoption of the resolution, the ayes were 48, nays 1.

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JOURNAL OF THE SENATE,

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

The President resumed the Chair.

SB 572. By Senator Lester 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, approved Feb. 20, 1956, as amended, so as to provide that any guard, warden or deputy warden of any state prison or county correctional institution operated under the supervision of the State Board of Corrections shall have certain police and arrest powers, including the power to carry weapons.

Senator Bell of the 5th offered the following amendment:
Amend SB 572 by striking on Page 2, line 2, the period after the word "weapons" and by adding the following:
"in the performance of their duty.",

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox

Dean Doss Duncan Eldridge Garrard Gillis Hamilton Henderson Herndon Holley

Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie

THURSDAY, FEBRUARY 7, 1974

721

McGill Moore Overby Parker Reynolds Riley

Rowan Starr Stephens Summers Sutton Thompson

Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Hudgins Skene

Smalley

Tysinger

Those not voting were Senators:

Fincher Hill

Salter Smith

Ward

On the passage of the bill, the ayes were 47, nays 4.

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

The President announced the Senate would stand in recess from 12:30 o'clock P.M. until 1:45 o'clock P.M.

The President Pro Tempore, Senator Gillis of the 20th, called the Senate to order at 1:45 o'clock P.M.

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 618. By Senators Wasden of the 2nd and Riley of the 1st:
A bill to provide that in all counties of this State having a population of not less than 168,000 and not more than 196,000 according to the U. S. Decennial Census of 1970 or any future such census, and in all municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully autho rized, such sales for consumption on the premises shall be authorized during certain hours.

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

722

JOURNAL OP THE SENATE,

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Carter Coggin Coverdell Cox Dean Doss Eldridge Hamilton

Holley Holloway Howard Kennedy Kidd London Overby Reynolds Rilev

Rowan Salter Stephens Sutton Tysinger Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Ballard Brown of 47th

Starr Thompson

Warren

Those not voting were Senators:

Bell Broun of 46th Cleland Duncan Fincher Garrard Gillis (presiding)
Henderson

Herndon Hill Hudgins Jackson Johnson Langford Lester McDuffie

McGill Moore Parker Skene Smalley Smith Summers
Ward

On the passage of the bill, the ayes were 27, nays 5.

The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Wasden of the 2nd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 618.

HB 1350. By Mr. Wheeler of the 127th and others:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to exempt farm trailers with two or more wheels, and which do not weigh over 4,000 pounds when empty, from beingequipped with an independent braking system.

THURSDAY, FEBRUARY 7, 1974

723

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Carter Coverdell Cox Dean Doss Duncan Eldridge
Garrard Hamilton Henderson Hill

Holley Holloway Howard Johnson Kennedy Kidd London McDuffie Overby Reynolds Riley Rowan Salter

Skene Smalley Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Bell Broun of 46th Brown of 47th Cleland Coggin Fincher

Gillis (presiding) Herndon
Jackson Langford Lester McGill

Moore Parker Smith Summers

On the passage of the bill, the ayes were 39, nays 1.

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

SB 581. By Senator Zipperer of the 3rd:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", approved Feb. 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to authorize the sale of distilled spirits and alcoholic beverages for consumption on the premises in certain counties and municipalities.

724

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 Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Carter Coverdell Cox Doss Duncan Eldridge Hamilton Henderson Hill Holley

Holloway Howard Hudgins Johnson Kennedy Kidd
Lester London McDuffie Overby Reynolds Riley

Rowan Salter Skene
Starr Stephens Summers Sutton Ward Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Brown of 47th Dean

Smalley Thompson

Warren

Those not voting were Senators:

Barker Broun of 46th Cleland Coggin Fincher

Garrard Gillis (presiding) Herndon Jackson Langford

McGill Moore Parker Smith Tysinger

On the passage of the bill, the ayes were 36, nays 5.

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

HB 58. By Messrs. Harrington of the 93rd, Roach of the 8th, Farrar of the 52nd and Phillips of the 73rd:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to remove the provision relative to age in connection with retirement with 35 years' service.

THURSDAY, FEBRUARY 7, 1974

725

The following fiscal note, as required by law, was read by the Secretary:

Department of Audits 115 State Capitol
Atlanta, Georgia 30334 February 5, 1974

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note--House Bill 58 (Proposed Committee Substitute)

The effect of this proposed substitute is to allow the Board of Trustees to increase the employees' contributions by an additional % of 1% after the next actuarial evaluation of the system so that the actual cost of this benefit can be determined. Mr. Bless' earlier pro jections were based on the assumption that all eligible persons would immediately take advantage of the benefit. We know this is not likely to occur, since not all persons eligible for the benefit now available at 35 years of service and 60 years of age have taken advantage of their eligibility for retirement.
It is most difficult to project cost on the basis of an unknown por tion of eligible persons who would exercise a benefit.

Is/ E. B. Davis Ernest B. Davis, State Auditor

1st James T. Mclntyre, State Planning & Budget Officer

The Committee on Retirement offered the following substitute to HB 58:
A BILL
To be entitled an Act to amend an Act establishing the Employees Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved December 17, 1953 (Ga. Laws 1953 Nov.-Dec. Sess., p. 160), so as to remove the provision relative to age in connection with retirement with 35 years' service; to authorize change in the contribution rate; to repeal con flicting laws; and for other purposes.

726

JOURNAL OF THE SENATE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing the Employees Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 160), is hereby amended by striking from sub section (11) of Section 5 the words:

"and not less than sixty years of age",

so that when so amended said subsection (11) of Section 5 shall read as follows:
"Anything in this Act to the contrary notwithstanding, any member with thirty-five years service shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of sixty-five had he continued in service without further change in compensation. Provided, fur ther, that the limitations as to age and length of service provided in Section 5, Subsection (l)(a) of this Act shall not apply to the provisions of Subsections (3) and (4) of Section 5 of this Act."

Section 2. The Board of Trustees of the Employees Retirement System of Georgia may increase the required rate of contribution by the employer not to exceed 8.5'/< after the next actuarial valuation of the System, in the event the Board deems an increase is necessary to fund the provisions of Section 1 of this Act.

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 committee substitute was adopted.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Brown of 47th Carter Cog'gin Coverdell Cox

Dean Doss Eldridge Fincher Garrard Hamilton

Henderson Hill Holley Howard Hudgins Jackson

THURSDAY, FEBRUARY 7, 1974

727

Johnson Kennedy Kidd Lester London McDuffie McGill Overby

Parker Reynolds Riley Rowan Skene Smalley Starr Stephens

Summers Sutton Thompson Ward Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Bell

Tysinger

Warren

Those not voting were Senators:

Barker Broun of 46th Cleland Duncan

Gillis (presiding) Herndon Holloway Langford

Moore Salter Smith

On the passage of the bill, the ayes were 42, nays 3.

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

HR 70. By Mr. Alexander of the 38th:
A resolution proposing an amendment to the Constitution of the State of Georgia, so as to authorize the City of Atlanta under certain circum stances to levy ad valorem taxes for the purpose of paying the principal of and the interest on certain revenue obligations issued by said City.

The following bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

728

JOURNAL OF THE SENATE,

HB 1100. By Mr. Davis of the 85th:
A bill to amend Section 92-3113 of the Code of Georgia of 1933, so as to provide for the clarification of the Three Factor Ratio so that the payroll factor conforms to the Uniform Division of Income for Tax Purposes Act and the Multistate Tax Compact.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter Coggin Coverdell Dean Doss Duncan Eldridge Fincher Garrard Hamilton Henderson

Hill Holley Holloway Howard Jackson Johnson Kennedy London McDuffie Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Starr Stephens Summers Sutton Tysinger Ward Warren Webb Young Zipperer

Those voting in the negative were Senators:

Cox Kidd

McGill

Those not voting were Senators:

Ballard Broun of the 46th Cleland Gillis (presiding)

Herndon Hudgins Langford Lester

Thompson
Smith Wasden

On the passage of the bill, the ayes were 42, nays 4.

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

The President resumed the Chair.

THURSDAY, FEBRUARY 7, 1974

729

HB 1455. By Mr. Rush of the 104th and others:
A bill to amend an Act known as the "Georgia Correctional Industries Act", so as to change the composition of the Georgia Correctional In dustries Administration.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Coggin Coverdell
Cox
Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon

Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby
Parker Reynolds Riley

Rowan Salter Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Carter:

Those not voting were Senators:

Broun of 46th Cleland

Hudgins Langford

Smith

On the passage of the bill, the ayes were 50, nays 1.

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

730

JOURNAL OF THE SENATE,

The following resolution of the House was read the first time and referred to the committee:

HR 70. By Mr. Alexander of the 38th:
A resolution proposing an amendment to the Constitution of the State of Georgia, so as to authorize the City of Atlanta under certain circum stances to levy ad valorem taxes for the purpose of paying the principal of and the interest on certain revenue obligations issued by said City.
Referred to Committee on County and Urban Affairs.

Senator Coggin of the 35th resumed the Chair.

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

HB 924. By Mr. Berlin of the 89th:
A bill to amend Code Section 27-2506, relating to the punishment of misdemeanor offenses, so as to provide that a judge in his discretion may allow sentences of six months or less to be served on week-ends.

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

On the passage of the bill, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young

THURSDAY, FEBRUARY 7, 1974

731

Those not voting were Senators:

Broun of 46th Cleland Coggin (presiding)

Hudgins Langford Smalley

Smith Zipperer

On the passage of the bill, the ayes were 48, nays 0.

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

Senator Holloway of the 12th moved that the following bill of the House be postponed until February 8:

HB 1108. By Mr. Cole of the 6th:
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to provide that when any dealer shall fail to make and return where wilful intent to defraud the State exists shall pay a specific penalty of 50 f/f of the tax bill.

On the motion, the ayes were 32, nays 0; the motion prevailed, and HB 1108 was postponed until February 8.

The following resolutions of the Senate were read and adopted:

SR 351. By Senator Kidd of the 25th: A resolution commending Mr. Lewis Cenker.

SR 352. By Senators Ballard of the 45th and Reynolds of the 48th:
A resolution expressing regret at the passing of Mr. James Melvin Alien, Jr.

Senator Gillis of the 20th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

Senator Coggin, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

732

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Friday, February 8, 1974

The Senate met pursuant to adjournment at 9:30 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 proceed ings had been read and found correct.
Senator Wasden of the 2nd moved that the Senate reconsider its action of yesterday in defeating the following bill of the Senate:

SB 618. By Senators Wasden of the 2nd and Riley of the 1st:
A bill to provide that in all counties of this State having a population of not less than 168,000 and not more than 196,000 according to the U. S. Decennial Census of 1970 or any future such census, and in all municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully autho rized, such sales for consumption on the premises shall be authorized during certain hours.

On the motion, the ayes were 43, nays 0; the motion prevailed, and SB 618 was placed on the Senate Calendar.

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

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 937. By Mr. Triplett of the lllth:
A bill to fix the compensation of a certain official in certain counties (population of not less than 185,000 nor more than 190,000).

FRIDAY, FEBRUARY 8, 1974

733

HB 936. By Mr. Triplett of the lllth:
A bill to fix the compensation of a certain official in certain counties (population of not less than 185,000 nor more than 190,000).

HB 1381. By Mr. Adams of the 36th:
A bill to amend an Act entitled "An Act to incorporate the City of Hapeville", so as to provide authority for the election of a Councilmanat-large to be elected from any section of the city.

HB 1500. By Mr. Adams of the 36th:
A bill to repeal an Act authorizing the creation of emeritus offices in certain counties; to provide that the repeal of said Act shall not affect the offices or the compensation of any person who shall have been appointed to such an emeritus office.

HB 1519. By Mr. Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to provide for preservation of certain pension benefits by postponing1 the date for commencement of such benefits.
HB 1520. By Mr. Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to change the formula for reduction of the amount of dependent benefits in certain cases.

HB 1521. By Mr. Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to clarify the public school; college or university service which is entitled to be considered as a "prior service" and to include in the definition of "prior service" service rendered as a teacher in American Dependents' Schools.

HB 1719. By Mr. Keyton of the 121st:
A bill to amend an Act creating a new charter for the City of Pavo (formerly the Town of Pavo), in the Counties of Thomas and Brooks, so as to change the day for holding the regular elections for the City of Pavo from the third Monday in December of each year to the fourth Monday in November of each year.

734

JOURNAL OP THE SENATE,

HB 1738. By Mr. Vaughn of the 57th:
A bill to amend an Act placing the Sheriff of Rockdale County upon an annual salary so as to change the compensation of the sheriff's deputies; to change the number of deputies.

HB 1743. By Mr. Shanahan of the 7th: A bill to provide that the Judge of the Superior Court of Gordon County shall make certain special charges to the Grand Juries of Gordon Coun ty.
HB 1747. By Mr. Phillips of the 73rd: A bill to amend an Act creating the board of commissioners of Columbia County, so as to provide for the election of a chairman of the board of county commissioners in the event of a vacancy.
HB 1748. By Mr. Phillips of the 73rd: A bill to provide for a board of elections in certain counties (population of not less than 22,312 and not more than 22,825).

HB 1750. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Court and the ordinary of Glynn County and placing said officers on an annual salary, so as to change the compen sation of the clerk of the superior court.

HB 1757. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act amending the charter of the City of Brunswick, so as to define the corporate limits of said city.

HB 1760. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act placing the ordinary of Screven County upon an annual salary, so as to change the compensation of the ordinary.

HB 1758. By Messrs. Castleberry of the 96th and Edwards of the 95th:
A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to change the compensation of the chairman and members of the Board of Commissioners.

FRIDAY, FEBRUARY 8, 1974

735

HB 1768. By Messrs. Bennett, Reaves and Patten of the 124th:
A bill to amend an Act placing the Sheriff of Lowndes County on a salary basis in lieu of a fee basis, so as to change the budget require ments of said office from a calendar year to a fiscal year.

HB 1769. By Messrs. Bennett, Reaves and Patten of the 124th:
A bill to amend the Act placing the Tax Commissioner of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar vear to a fiscal year.

HB 1770. By Messrs. Bennett, Reaves and Patten of the 124th:
A bill to amend an Act placing the Clerk of the Superior Court of Lowndes County upon an annual salary in lieu of the fee system of com pensation, so as to change the budget requirements of said office from a calendar year to a fiscal year.

HB 1773. By Messrs. Rush of the 104th and Fraser of the 117th:
A bill to provide for the compensation of the members of the Board of Education of Long County.

HB 1775. By Mr. Adams of the 84th: A bill to amend an Act placing the Sheriff of Harris County upon an annual salary, so as to authorize the governing authority of Harris County to fix the salary of each of the sheriff's deputies in an amount not less than a certain minimum salary.
HB 1776. By Mr. Floyd of the 5th: A bill to amend an Act placing the Sheriff of Chattooga County upon an annual salary, so as to provide for the appointment of additional personnel within the Sheriff's office.
HB 1777. By Mr. Floyd of the 5th: A bill to provide that it shall be unlawful for any county officer of Chattooga County to wilfully fail or refuse to account for any county funds or to pay over to the proper fiscal authority any county funds in their charge as required by law.
HB 1779. By Mr. Brantley of the 92nd: A bill to abolish the present mode of compensating the Ordinary of

736

JOURNAL OF THE SENATE,

Candler County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1781. By Mr. Kreeger of the 21st and others:
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.

HB 1782. By Mr. Wilson of the 19th and others:
A bill to amend an Act creating the State Court of Cobb County, for merly known as the Civil and Criminal Court of Cobb County, so as to provide for an additional judge of the State Court of Cobb County.

HB 1783. By Mr. Howard of the 19th and others:
A bill to amend an Act creating a new charter for the City of Dallas, so as to change the composition of the wards of said City.

HB 1784. By Mr. Lewis of the 77th:
A bill to reincorporate the City of Wadley in the County of Jefferson; to create a new charter for said city.

HB 1785. By Messrs. Lewis of the 77th, Nessmith and Lane of the 76th:
A bill to amend an Act creating the State Court of Burke County, so as to change the compensation of the judge and solicitor of said court.

HB 1786. By Mr. Oxford of the 101st:
A bill to amend an Act entitled "An Act to amend, revise, and consolidate the several Acts granting corporate authority of the City of Americus, to convey additional power upon the Mayor and City Council of Ameri cus, to extend the corporate limits of said city", so as to authorize the Mayor and Council of the City of Americus to provide off-street parking facilities for motor vehicles and to impose reasonable charges for the use of such facilities.

HB 1787. By Mr. Oxford of the 101st:
A bill to amend an Act establishing the fee system of compensating the clerk of the superior court and the city court clerk in the County of Sumter, so as to change the compensation of the employees of the clerk of the courts.

FRIDAY, FEBRUARY 8, 1974

737

HB 1790. By Messrs. Bennett, Patten and Reaves of the 124th:
A bill to amend an Act placing the Ordinary of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal vear.

SB 487. By Senator Salter of the 17th:
A bill to amend an Act creating a new charter for the City of Flovilla, so as to change certain of the provisions thereof pertaining to the prosecuting officer of the city court; to provide the procedures connected therewith; to repeal conflicting laws.

HB 995. By Mr. Brown of the 67th:
A bill to amend Code Title 56, the Georgia Insurance Code, so as to provide that accident and sickness insurance policies delivered after a certain date in this state shall provide coverage for newborn children from the moment of birth.

HB 974. By Messrs. Duke of the 20th, Howard of the 19th and Nix of the 20th:
A bill to declare and give effect to a public interest in setting apart one day of the week as a common day of rest and for other activities bene ficial to the public welfare.

HB 709. By Messrs. Levitas of the 50th, Horton of the 43rd and others:
A bill to create the Georgia Department Authority for Housing Finances.

HB 1070. By Messrs. Dorminy of the 115th and Larsen of the 27th:
A bill to provide for a comprehensive soil erosion and sediment control program.

HB 1263. By Mr. Reaves of the 124th:
A bill to amend Code Chapter 26-18, relating to theft, so as to provide for the crime of livestock theft.

HB 1292. By Messrs. Carlisle and Brown of the 67th and others:
A bill to amend Code Section 68-201 relating to registration and license of motor vehicles and chauffeurs, so as to exempt certain motorized carts from the provisions of said Code Section.

738

JOURNAL OF THE SENATE,

HB 1351. By Mr. Irvin of the 10th and others:
A bill to amend an Act authorizing a self-insurance program for all of the State's insurable property, so as to authorize the expenditure of moneys in the State Insurance and Hazard Reserve Fund to improve and protect State properties and to protect the lives of inhabitants there of by contracting for the installation of automatic sprinkler systems and other fire protection systems.

HB 1449. By Mr. McDonald of the 12th:
A bill to amend Title 68 of the Code of Georgia, relating to motor ve hicles, so as to delete therefrom certain provisions pertaining to the drivers and equipment of motor contract carriers and motor common carriers which conflict with the rules and regulations of the Georgia Public Service Commission pertaining to motor carrier safety.

HB 1450. By Mr. McDonald of the 12th:
A bill to amend the Executive Reorganization Act of 1972, so as to authorize the Department of Public Safety to exercise jurisdiction over the drivers of motor vehicles operating as motor contract carriers or motor common carriers.

HB 1504. By Mr. Dean of the 17th and others:
A bill to amend an Act providing that school boards of any school dis tricts that maintain a recognized public school shall establish and main tain special education facilities, so as to change the definition of an "exceptional child".

HB 1554. By Mr. Collins of the 122nd:
A bill to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide that marketing orders issued pursuant to said Act may provide for the establishment and management of a stabilization fund to compensate producers of peanuts which fail to qualify for marketing or sale in regular marketing channels.

HB 1584. By Messrs. Ware of the 65th, Dean of the 17th and others:
A bill to amend an Act creating the Georgia Higher Education As sistance Authority, so as to authorize the Authority to establish and administer a program of student incentive scholarships; to provide for veterans priority in the incentive scholarship program.

HB 1597. By Mr. Busbee of the 114th:
A bill to amend the Natural Resources Act of 1973, so as to authorize the State of Georgia to make grants, as funds are available; to authorize

FRIDAY, FEBRUARY 8, 1974

739

the State of Georgia to enter into leases of real and personal property under certain circumstances.

HB 1602. By Messrs. Gignilliat of the 105th, Colwell of the 4th and others:
A bill to amend an Act known as the "Georgia Ports Authority Act", so as to remove the maximum rate of 5 r/r per annum interest on the issuance of revenue bonds.

HB 1607. By Mr. Bray of the 66th and others:
A bill to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to change the time within which a hearing shall be con ducted in the event a child is not in detention.

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

HR 522. By Messrs. Roach, Harris and Thomason of the 8th:
A resolution designating a certain portion of Georgia Highway 140 as "Reinhardt Parkwav".

HR 540. By Messrs. Brown of the 89th and Bostick of the 123rd:
A resolution proposing' an amendment to the Constitution so as to au thorize the General Assembly to provide for the exemption from ad valorem taxation certain harvested agricultural products.

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

HR 573. By Messrs. Carr of the 90th, Murphy of the 18th, Larsen of the 27th and others:
A resolution designating an official series of Georgia Historical Plates.

The House has agreed to the Senate amendment to the following resolution of the House, to-wit:

HR 469. By Mr. Walker of the 100th:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Macon County to impose a county

740

JOURNAL OF THE SENATE,

registration fee on each motor vehicle registered in said County and to use the proceeds of such fee for the payment of obligations incurred in connection with the construction of a countywide general hospital and related facilities.

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

HR 441. By Mr. Lane of the 40th:
A resolution proposing an amendment to the Constitution so as to pro vide that residents of the City of East Point who are 65 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 exceeding $5,000 per annum, shall be granted a homestead exemption of $5,000 from ad valorem taxation by said City.

HR 486. By Mr. Adams of the 36th:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption from taxation to resident homeowners in the City of Hapeville, in an amount not to exceed $2,500 and that the present homestead exemption of $4,000 to resident homeowners age 65 years or over and resident homeowners who are totally disabled be increased to $6,500.

HR 596. By Mr. Triplett of the lllth and others:
A resolution proposing an amendment to the Constitution so as to create the General Hospital Authority of West Chatham County and to provide for all matters relative thereto.

HR 539. By Mr. Bostick of the 123rd: A resolution compensating Mr. John C. Edmonson, Jr.

HR 558. By Mr. Logan of the 62nd: A resolution compensating Mr. Aaron Franklin Whitehead.

HR 565. By Mr. Gignilliat of the 105th: A resolution compensating James Minter.

FRIDAY, FEBRUARY 8, 1974

741

HR 566. By Mr. Gignilliat of the 105th: A resolution compensating Joseph A. Bryan.

HR 556. By Mr. Logan of the 62nd: A resolution compensating Mr. Craig Loehle.

HR 564. By Mr. Gignilliat of the 105th: A resolution compensating Brock Corbin.

HR 454. By Messrs. Rogers and Harden of the 128th: A resolution compensating Mr. Joseph P. Barone.

HR 462. By Mr. Burruss of the 21st: A resolution compensating Mr. and Mrs. Robert Kelt.
HR 470. By Mr. Lane of the 40th: A resolution compensating Mrs. Charlotte H. Bruce.
HR 490. By Mr. Shanahan of the 7th: A resolution compensating Mrs. Dave Sexton.
HR 53. By Messrs. Bennett, Patten and Reaves of the 124th: A resolution compensating Mrs. Era S. Davis.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 654. By Senator London of the 50th: A bill to revise the Charter of and to reincorporate the City of Hiawassee in the County of Towns; to create a charter for said City; to prescribe the corporate limits of said City; to provide for the govern ment of said City; to enumerate the corporate powers of the city; to provide for ordinances, bylaws, rules and regulations; to provide for the officials of said City and their selection, oath, compensation, powers, duties and terms of office.
Referred to Committee on County and Urban Affairs.

742

JOURNAL OF THE SENATE,

SB 655. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to provide that in certain cities and counties the annual license to be charged shall be $2,000; to provide that in certain cities and counties the excise tax shall be $.60 per wine gallon on spirituous liquors.
Referred to Committee on County and Urban Affairs.

SB 656. By Senator Stephens of the 36th:
A bill to amend an Act governing membership in labor organizations, as amended, so as to provide that employers and labor organizations may enter into collective bargaining agreements authorizing the estab lishment and collection of a service or representation charge to em ployees covered by such agreements.
Referred to Committee on Industry and Labor.

SB 657. By Senator Starr of the 44th:
A bill to amend Code Title 56, relating to insurance, as amended, so as to qualify certain requirements relative to documents accompanying applications for certificates of authority; to clarify provisions relating to brokers' quarterly reports; to qualify certain provisions regarding taxes on surplus line brokers.
Referred to Committee on Banking and Finance.

SB 658. By Senator Coggin of the 35th:
A bill to amend an Act known as "The Uniform Standards Code for Mobile Homes Act", so as to change the provisions relating to reciproc ity.
Referred to Committee on Highways.

SB 659. By Senator Coggin of the 35th:
A bill to amend an Act entitled "An Act to incorporate the City of Hapeville, Georgia; and for other purposes", so as to provide increased benefits for employees and widows of employees who retired prior to January 1, 1971.
Referred to Committee on County and Urban Affairs.

SB 660. By Senator Johnson of the 38th:
A bill to amend Code Chapter 79A-99, relating to punishment for certain drug offenses, as amended, so as to increase the maximum punishment

FRIDAY, FEBRUARY 8, 1974

743

for certain offenses; to repeal fines for certain offenses; to set minimum penalties for certain offenses.
Referred to Committee on Judiciary.

SB 661. By Senator Johnson of the 38th:
A bill to provide that in all counties of this State having a population of 500,000 or more according to the United States Decennial Census of 1970 or any future such census, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, and in all municipalities wholly or partly in such counties, such sales for consumption on the premises shall be authorized during certain hours.
Referred to Committee on Temperance.

SB 662. By Senators Zipperer of the 3rd and Wasden of the 2nd:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, as amended, so as to change the count of shrimp per pound required to open or close the season for the commercial taking of shrimp; to provide for a closed season for certain taking of crabs; to specify what sounds may be opened.
Referred to Committee on Natural Resources and Environmental Quality.

SB 663. By Senator Zipperer of the 3rd:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, as amended, so as to provide for certain surety bonds; to provide for the forfeiture of certain surety bonds; to provide for other matters rela tive thereto; to provide for certain criminal offenses and the punishment therefor.
Referred to Committee on Natural Resources and Environmental Quality.
SB 664. By Senators Moore of the 56th, Zipperer of the 3rd and Wasden of the 2nd:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, as amended, so as to provide for the taking of crabs in certain waters of the State under certain conditions; to provide an effective date.
Referred to Committee on Natural Resources and Environmental Quality.
SB 665. By Senator Starr of the 44th:
A bill to amend an Act known as the ''Minimum Foundation Program

744

JOURNAL OP THE SENATE,

of Education Act", as amended, so as to change the provisions relative to county and regional public libraries; to provide for distribution of funds directly to such county and regional public libraries; to provide for all matters relative to the foregoing.
Referred to Committee on Elementary and Secondary Education.

SB 666. By Senator Kidd of the 25th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as ameijded, so as to exempt from the taxes imposed by said Act sales of tangible personal property to any person, firm or corpora tion which will be incorporated within any project covered by any con tract with any county for the construction, repair, extension or improve ment of any public roadway.
Referred to Committee on Public Utilities and Transportation.

SB 667. By Senators Holley of the 22nd and Lester of the 23rd: A bill to amend an Act known as the "Augusta-Richmond County Coli seum Authority Act", so as to redefine the word "Project"; to further define the purpose of the Authority.
Referred to Committee on County and Urban Affairs.
SB 668. By Senator McGill of the 24th: A bill to provide for the sale or disposal of abandoned animals; to pro vide for definitions; to provide for notices; to provide for liens; to pro vide for sales and the disposition of proceeds of such sales; to provide for practice and procedure; to exempt certain persons from certain liabilities connected with the disposal of abandoned animals.
Referred to Committee on Agriculture.

SB 669. By Senator McGill of the 24th:
A bill to amend Code Chapter 84-15, known as the "Georgia Veterinary Practice Act", as amended, so as to change the compensation of mem bers of the Board of Veterinary Medicine; to define the powers of the Board of Veterinary Medicine; to provide that conviction of a felony or crime involving moral turpitude shall constitute grounds for discipli nary sanction; to provide for definitions.
Referred to Committee on Agriculture.

SB 670. By Senator Rowan of the 8th: A bill to provide for inclusion of metric weights, measures and distances

FRIDAY, FEBRUARY 8, 1974

745

in certain representations by public agencies; to provide certain excep tions.
Referred to Committee on Business, Trade and Commerce.

SR 350. By Senator Tysinger of the 41st:
A resolution proposing an amendment to the Constitution, so as to authorize the governing authority of DeKalb County to issue bonds for funds for capital expenditures in special districts of the county created pursuant to Article IX, Section III, Paragraph I; to require the assent of a majority of the voters of such special district or districts which will be served by such capital expenditure.
Referred to Committee on Countv and Urban Affairs.

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

HB 709. By Messrs. Levitas of the 50th, Brown of the 34th, Patten of the 123rd and others:
A bill to create the Georgia Development Authority for Housing Finances.
Referred to Committee on Banking and Finance.

HB 974. By Messrs. Duke of the 20th, Howard of the 19th and Nix of the 20th:
A bill to declare and give effect to a public interest in setting apart one day of the week as a common day of rest and for other activities bene ficial to the public welfare.
Referred to Committee on Business, Trade and Commerce.

HB 995. By Mr. Brown of the 67th:
A bill to amend Code Title 56, the Georgia Insurance Code, so as to pro vide that accident and sickness insurance policies delivered after a certain date in this State shall provide coverage for newborn children from the moment of birth.
Referred to Committee on Banking and Finance.

HB 1070. By Messrs. Dorminy of the 115th and Larsen of the 27th:
A bill to provide for a comprehensive soil erosion and sediment control program.
Referred to Committee on Natural Resources and Environmental Quality.

746

JOURNAL OF THE SENATE,

HB 1263. By Mr. Reaves of the 124th:
A bill to amend Code Chapter 26-18, relating to theft, so as to provide for the crime of livestock theft.
Referred to Committee on Special Judiciary.

HB 1292. By Messrs. Carlisle and Brown of the 67th, Northcutt, Bailey and Johnson of the 68th:
A bill to amend Code Section 68-201 relating to registration and license of motor vehicles ^and chauffeurs, so as to exempt certain motorized carts from the provisions of said Code Section.
Referred to Committee on Highways.

HB 1351. By Messrs. Irvin of the 10th, Burruss of the 21st, McDonald of the 12th, and others:
A bill to amend an Act authorizing a self-insurance program for all of the State's insurable property, so as to authorize the expenditure of moneys in the State Insurance and Hazard Reserve Fund to improve and protect State properties and to protect the lives of inhabitants thereof by contracting for the installation of automatic sprinkler sys tems and other fire protection systems.
Referred to Committee on Banking and Finance.

HB 1449. By Mr. McDonald of the 12th:
A bill to amend Title 68 of the Code of Georgia, relating to motor vehicles, so as to delete therefrom certain provisions pertaining to the drivers and equipment of motor contract carriers and motor common carriers which conflict with the rules and regulations of the Georgia Public Service Commission pertaining to motor carrier safety.
Referred to Committee on Public Utilities and Transportation.

HB 1450. By Mr. McDonald of the 12th:
A bill to amend the Executive Reorganization Act of 1972, so as to authorize the Department of Public Safety to exercise jurisdiction over the drivers of motor vehicles operating as motor contract carriers or motor common carriers.
Referred to Committee on Public Utilities and Transportation.
HB 1504. By Messrs. Burton of the 47th, Noble of the 48th, Harrison of the 116th, and others:
A bill to amend an Act providing that school boards of any school dis tricts that maintain a recognized public school shall establish and main-

FRIDAY, FEBRUARY 8, 1974

747

tain special education facilities, so as to change the definition of an "exceptional child".
Referred to Committee on Elementary and Secondary Education.

HB 1554. By Mr. Collins of the 122nd:
A hill to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide that marketing orders issued pursuant to said Act may provide for the establishment and management of a stabilization fund to compensate producers of peanuts which fail to qualify for marketing or sale in regular marketing channels.
Referred to Committee on Agriculture.

HB 1584. By Messrs. Ware of the 65th, Gignilliat of the 105th, Wall of the 61st and others:
A bill to amend an Act creating the Georgia Higher Education As sistance Authority, so as to authorize the Authority to establish and administer a program of student incentive scholarships; to provide for veterans priority in the incentive scholarship program.
Referred to Committee on University System.

HB 1597. By Mr. Busbee of the 114th:
A bill to amend the Natural Resources Act of 1973, so as to authorize the State of Georgia to make grants, as funds are available; to authorize the State of Georgia to enter into leases of real and personal property under certain circumstances.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1G02. By Messrs. Gignilliat of the 105th, Triplett of the lllth, Sweat of the 25th and others:
A bill to amend an Act known as the "Georgia Ports Authority Act", so as to remove the maximum rate of 5 f/c per annum interest on the issuance of revenue bonds.
Referred to Committee on Public Utilities and Transportation.

HB 1607. By Messrs. Johnson of the 68th, Bray of the 66th, Morgan of the 70th and others:
A bill to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to change the time within which a hearing shall be conducted in the event a child is not in detention.
Referred to Committee on Special Judiciary.

748

JOURNAL OP THE SENATE,

HB 936. By Mr. Triplett of the lllth:
A bill to fix the compensation of a certain official in certain counties (population of not less than 185,000 nor more than 190,000).
Referred to Committee on County and Urban Affairs.

HB 937. By Mr. Triplett of the lllth:
A bill to fix the compensation of a certain official in certain counties (population of not less than 185,000 nor more than 190,000).
Referred to Committee on County and Urban Affairs.

HB 1381. By Mr. Adams of the 36th:
A bill to amend an Act entitled "An Act to incorporate the City of Hapeville, so as to provide authority for the election of a Councilmanat-large to be elected from any section of the city.
Referred to Committee on County and Urban Affairs.

HB 1500. By Mr. Adams of the 36th:
A bill to repeal an Act authorizing the creation of emeritus offices in certain counties; to provide that the repeal of said Act shall not affect the offices or the compensation of any person who shall have been appointed to such an emeritus office.
Referred to Committee on Countv and Urban Affairs.

HB 1519. By Mr. Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to provide for preserva tion of certain pension benefits by postponing the date for commence ment of such benefits.
Referred to Committee on Countv and Urban Affairs.

HB 1520. By Mr. Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to change the formula for reduction of the amount of dependent benefits in certain cases.
Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 8, 1974

749

HB 1521. By Mr. Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to clarify the public school, college or university service which is entitled to be considered as "prior service" and to include in the definition of "prior service" service ren dered as a teacher in American Schools.
Referred to Committee on Countv and Urban Affairs.

HB 1719. By Mr. Keyton of the 121st:
A bill to amend an Act creating a new charter for the City of Pavo (formerly the Town of Pavo), in the Counties of Thomas and Brooks, so as to change the day for holding the regular elections for the City of Pavo from the third Monday in December of each year to the fourth Monday in November of each year.
Referred to Committee on County and Urban Affairs.

HB 1738. By Mr. Vaughn of the 57th:
A bill to amend an Act placing the Sheriff of Rockdale County upon an annual salary so as to change the compensation of the sheriff's deputies; to change the number of deputies.
Referred to Committee on County and Urban Affairs.

HB 1743. By Mr. Shanahan of the 7th:
A bill to provide that the Judge of the Superior Court of Gordon County shall make certain special charges to the Grand Juries of Gordon County.
Referred to Committee on Countv and Urban Affairs.

HB 1747. By Mr. Phillips of the 73rd:
A bill to amend an Act creating the board of commissioners of Columbia County, so as to provide for the election of a chairman of the board of county commissioners in the event of a vacancy.
Referred to Committee on County and Urban Affairs.

HB 1748. By Mr. Phillips of the 73rd:
A bill to provide for a board of elections in certain counties (population of not less than 22,312 and not more than 22,825).
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1750. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Court and the Ordinary of Glynn County and placing said officers on an annual salary, so as to change the com pensation of the clerk of the superior court.
Referred to Committee on County and Urban Affairs.

HB 1757. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act amending the charter of the City of Brunswick, so as to define the corporate limits of said city.
Referred to Committee on County and Urban Affairs.

HB 1758. By Messrs. Castleberry of the 96th and Edwards of the 95th:
A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to change the compensation of the chairman and members of the Board of Commissioners.
Referred to Committee on County and Urban Affairs.

HB 1760. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act placing the ordinary of Screven County upon an annual salary, so as to change the compensation of the ordinary.
Referred to Committee on County and Urban Affairs.

HB 1768. By Messrs. Bennett, Reaves and Patten of the 124th:
A bill to amend an Act placing the Sheriff of Lowndes County on a salary basis in lieu of a fee basis, so as to change the budget require ments of said office from a calendar year to a fiscal year.
Referred to Committee on County and Urban Affairs.

HB 1769. By Messrs. Bennett, Reaves and Patten of the 124th:
A bill to amend the Act placing the Tax Commissioner of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year.
Referred to Committee on County and Urban Affairs.

HB 1770. By Messrs. Bennett, Reaves and Patten of the 124th: A bill to amend an Act placing the Clerk of the Superior Court of

FRIDAY, FEBRUARY 8, 1974

751

Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year.
Referred to Committee on County and Urban Affairs.

HB 1773. By Messrs. Rush of the 104th and Fraser of the 117th:
A bill to provide for the compensation of the members of the Board of Education of Long County.
Referred to Committee on County and Urban Affairs.

HB 1775. By Mr. Adams of the 84th:
A bill to amend an Act placing the Sheriff of Harris County upon an annual salary, so as to authorize the governing authority of Harris County to fix the salary of each of the sheriff's deputies in an amount not less than a certain minimum salary.
Referred to Committee on County and Urban Affairs.

HB 1776. By Mr. Floyd of the 5th:
A bill to amend an Act placing the Sheriff of Chattooga County upon an annual salary, so as to provide for the appointment of additional personnel within the Sheriff's office.
Referred to Committee on County and Urban Affairs.

HB 1777. By Mr. Floyd of the 5th: A bill to provide that it shall be unlawful for any county officer of Chattooga County to wilfully fail or refuse to account for any county funds or to pay over to the proper authority any county funds in their charge as required by law.
Referred to Committee on Countv and Urban Affairs.
HB 1779. By Mr. Brantley of the 92nd: A bill to abolish the present mode of compensating the Ordinary of Candler County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on Countv and Urban Affairs.
HB 1781. By Messrs. Kreeger of the 21st, Wilson and Howard of the 19th and others: A bill to amend an Act amending, revising, consolidating and superseding

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JOURNAL OP THE SENATE,

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.
Referred to Committee on County and Urban Affairs.

HB 1782. By Messrs. Kreeger of the 21st, Wilson and Howard of the 19th and others:
A bill to amend an Act creating the State Court of Cobb County, for merly known as the Civil and Criminal Court of Cobb County, so as to provide for an additional judge of the State Court of Cobb County.
Referred to Committee on County and Urban Affairs.

HB 1783. By Messrs. Kreeger of the 21st, Wilson, Howard and Atherton of the 19th and Burruss of the 21st:
A bill to amend an Act creating a new charter for the City of Dallas, so as to change the composition of the wards of said City.
Referred to Committee on County and Urban Affairs.

HB 1784. By Mr. Lewis of the 77th:
A bill to reincorporate the City of Wadley in the County of Jefferson; to create a new charter for said city.
Referred to Committee on County and Urban Affairs.

HB 1785. By Messrs. Lewis of the 77th, Nessmith and Lane of the 76th: A bill to amend an Act creating the State Court of Burke County, so as to change the compensation of the judge and solicitor of said court.
Referred to Committee on County and Urban Affairs.
HB 1786. By Mr. Oxford of the 101st: A bill to amend an Act entitled "An Act to amend, revise, and consol idate the several Acts granting corporate authority of the City of Americus, to convey additional power upon the Mayor and City Council of Americus, to extend the corporate limits of said city", so as to autho rize the Mayor and Council of the City of Americus to provide off-street parking facilities for motor vehicles and to impose reasonable charges for the use of such facilities.
Referred to Committee on County and Urban Affairs.
HB 1787. By Mr. Oxford of the 101st: A bill to amend an Act establishing the fee system of compensating the

FRIDAY, FEBRUARY 8, 1974

753

clerk of the superior court and the city court clerk in the County of Sumter, so as to change the compensation of the employees of the clerk of the courts.
Referred to Committee on County and Urban Affairs.

HB 1790. By Messrs. Bennett, Patten and Reaves of the 124th:
A bill to amend an Act placing the Ordinary of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year.
Referred to Committee on County and Urban Affairs.

HR 441. By Mr. Lane of the 40th:
A resolution proposing an amendment to the Constitution so as to pro vide that residents of the City of East Point who are 65 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 exceeding $5,000 per annum, shall be granted a homestead exemption of $5,000 from ad valorem taxation by said City.
Referred to Committee on County and Urban Affairs.

HR 486. By Mr. Adams of the 36th:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption from taxation to resident homeowners in the City of Hapeville, in an amount not to exceed $2,500 and that the present homestead exemption of $4,000 to resident homeowners age 65 years or over and resident homeowners who are totally disabled be increased to $6,500.
Referred to Committee on County and Urban Affairs.

HR 522. By Messrs. Roach, Harris and Thomason of the 8th:
A resolution designating a certain portion of Ceorgia Highway 140 as "Reinhardt Parkway".
Referred to Committee on Highways.

HR 540. By Messrs. Brown of the 98th and Bostick of the 123rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from ad valorem taxation certain harvested agricultural products.
Referred to Committee on Agriculture.

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JOURNAL OF THE SENATE,

HR 596. By Messrs. Triplett of the lllth, Jones of the 109th, Chance of the 112th and others:
A resolution proposing an amendment to the Constitution so as to create the General Hospital Authority of West Chatham County and to provide for all matters relative thereto.
Referred to Committee on County and Urban Affairs.

HR 53. By Messrs. Bennett, Patten and Reaves of the 124th: A resolution compensating Mrs. Era S. Davis.
Referred to Committee on Appropriations.

HR 454. By Messrs. Rogers and Harden of the 128th: A resolution compensating Mr. Joseph P. Barone.
Referred to Committee on Appropriations.

HR 462. By Mr. Burruss of the 21st: A resolution compensating Mr. & Mrs. Robert Helt.
Referred to Committee on Appropriations.

HR 470. By Mr. Lane of the 40th: A resolution compensating Mrs. Charlotte H. Bruce.
Referred to Committee on Appropriations.

HR 490. By Mr. Shanahan of the 7th: A resolution compensating Mrs. Dave Sexton.
Referred to Committee on Appropriations.
HR 539. By Mr. Bostick of the 123rd: A resolution compensating Mr. John C. Edmonson, Jr.
Referred to Committee on Appropriations.

HR 556. By Mr. Logan of the 62nd: A resolution compensating Mr. Craig Loehle.
Referred to Committee on Appropriations.

FRIDAY, FEBRUARY 8, 1974

755

HR 558. By Mr. Logan of the 62nd: A resolution compensating Mr. Aaron Franklin Whitehead.
Referred to Committee on Appropriations.

HR 564. By Mr. Gignilliat of the 105th: A resolution compensating Brock Corbin.
Referred to Committee on Appropriations.

HR 565. By Mr. Gignilliat of the 105th: A resolution compensating James Minter.
Referred to Committee on Appropriations.
HR 566. By Mr. Gignilliat of the 105th: A resolution compensating Joseph A. Bryan.
Referred to Committee on Appropriations.

HR 573. By Messrs. Murphy of the 18th, Carr of the 90th and others: A resolution designating an official series of Georgia Historical plates.
Referred to Committee on Business, Trade and Commerce.

The following reports of standing committees were read by the Secretary:

Senator Coggin of the 35th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President:
Your Committee on Appropriations 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 608. Do pass as amended. SB 619. Do pass.
Respectfully submitted, Coggin of 35th District, Chairman.

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Senator Jackson of the 16th District, Chairman of the Committee on Business, Trade and Commerce, submitted the following report:

Mr. President:

Your committee on Business, Trade and Commerce has had under considera tion the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 646. Do pass.

Respectfully submitted, Jackson of 16th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SB 623. Do pas. SB 624. Do pass. SB 632. Do pass. HB 293. Do pass. HB 295. Do pass. HB 1482. Do pass. HB 1617. Do pass. HB 1682. Do pass. HB 1690. Do pass. HB 1691. Do pass. HB 1692. Do pass. HB 1693. Do pass. HB 1709. Do pass. HB 1710. Do pass. HB 1721. Do pass. SR 336. Do pass. HR 465. Do pass.

FRIDAY, FEBRUARY 8, 1974

757

HR 568. Do pass. HR 569. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following- report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bill and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following' recommendations:
SB 438. Do pass. SR 322. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.
Senator Starr of the 44th District, Chairman of the Committee on Elementary and Secondary Education, submitted the following report:
Mr. President:
Your Committee on Elementary and Secondary Education has had under con sideration the following- bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 631. Do pass.
Respectfully submitted, Starr of 44th District, Chairman.

Senator Johnson of the 38th District, Chairman of the Committee on Judici ary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills

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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 604. Do pass.
SB 610. Do pass.

Respectfully submitted, Johnson of 38th District, Chairman.

Senator Johnson of the 38th District, Chairman of the Committee on Judici ary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 580. Do pass by substitute.
Respectfully submitted, Johnson of 38th District, Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bills and resolutions of the House and Senate and has in structed me, as Chairman, to report the same back to the Senate with the follow ing recommendations:
SB 549. Do pass by substitute. SB 550. Do not pass. SB 627. Do pass. SR 329. Do pass. SR 333. Do pass. SR 344. Do pass. HB 1305. Do pass. HB 1463. Do pass.

FRIDAY, FEBRUARY 8, 1974

759

HR 461. Do pass. HR 483. Do pass.

Respectfully submitted, Brown of 47th District, Chairman.

Senator Coverdell of the 40th 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 512. Do pass by substitute. SB 520. Do pass by substitute. SB 521. Do pass by substitute. SB 535. Do pass by substitute. HB 1369. Do pass.
Respectfully submitted, Coverdell of 40th District, Chairman.

Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the follow ing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 174. Do not pass. SB 517. Do pass. HB 69. Do pass. HB 1016. Do pass.
Respectfully submitted, Cox of 21st District, Chairman.

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Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

Your Committee on Special Judiciary has had under consideration the follow ing 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 291. Do pass by substitute.
SB 292. Do pass by substitute.
SR 307. Do pass by substitute.

Respectfully submitted, Cox of 21st District, Chairman.

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

SB 549. By Senators Zipperer of the 3rd, Gillis of the 20th, McDuffie of the 19th and Cox of the 21st:
A bill to amend Code Section 73-210, relating to qualifications of petro leum product dealers, as amended, so as to provide certain additional qualifications and requirements; to provide an effective date.

SB 438. By Senator Smalley of the 28th:
A bill to amend an Act providing home rule for municipalities, approved Mar. 26, 1965 (Ga. Laws 1965, p. 298), as amended, so as to require publication of notice of change of salary of members of municipal legis lative bodies; to delete any requirement of such notice upon change of salary of municipal employees other than members of municipal legisla tive bodies.

SB 517. By Senator Overby of the 49th:
A bill to amend Code Section 27-1402, relating to conditions of bail bonds and recognizances, as amended, so as to provide for proceedings to for feit bonds or recognizances upon failure of the principal to appear.

SB 604. By Senator Webb of the llth:
A bill to amend Code Title 9, relating to attorneys at law, as amended, so as to require all persons seeking admission to the bar to take an

FRIDAY, FEBRUARY 8, 1974

761

examination; to repeal provisions relating to admission by comity; to provide an effective date.

SB 608. By Senator Hudgins of the 15th:
A bill to amend an Act creating the Department of Public Safety ap proved Mar. 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to pro vide for incentive pay increases for certain members of the Department of Public Safety; to provide the procedure connected therewith.

SB 610. By Senator Herndon of the 10th:
A bill to provide that a specific devise of realty shall pass subject to any security deed or lien existing against the said property at the date of death of the testator, without right of exoneration, regardless of a general directive in the will to pay debts, unless the will expressly di rects the payment or satisfaction of any such security deed or lien or unless the will expressly provides that any such specific device shall pass free of anv encumbrance or indebtedness thereon.

SB 619. By Senator Coggin of the 35th:
A bill to amend Code Section 92-1403, relating to the levy of the motor fuel tax and exemptions therefrom, as amended, so as to provide that the motor fuel tax shall not apply to the sale of motor fuels to any school system: to provide the procedures connected therewith.

SB 512. By Senators Rowan of the 8th, Eldridge of the 7th and Kennedy of the 4th:
A bill to amend an Act entitled "An Act to provide for the creation of the office of district attorney emeritus"; to prescribe eligibility for in cumbents; to provide the terms, duties and compensation to incumbents; to create the District Attorneys' Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund.

SB 521. By Senator Coverdell of the 40th:
A bill to amend an Act relating to the introduction of bills relative to retirement, pension and emeritus systems and requiring fiscal notes therefor, approved Mar. 16, 1966 (Ga. Laws 1966, p. 573), as amended, so as to provide for actuarial studies under certain circumstances; to provide for all matters relative thereto.

SB 520. By Senator Coverdell of the 40th: A bill to provide requirements relative to local retirement, pension and

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emeritus systems; to provide for definitions; to provide for certain reports to the State Auditor; to provide for the designation of actuaries and for certain administrative costs; to provide for financial reports and actuarial investigations; to provide for all matters relative to the foregoing.

SB 535. By Senators Gillis of the 20th, McDuffie of the 19th, Summers of the 53rd and others:
A bill to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to change the amount of creditable service which a member must have to be eligible to retire; to provide for other matters relative thereto.

HB 1369. By Mr. Bray of the 66th:
A bill to amend an Act establishing the Employees' Retirement System, so as to allow employees of the State of Georgia who were formerly employees of the Georgia Warm Springs Foundation to purchase credit for previous employment service credited under the Employees' Retire ment System of Georgia.

SB 646. By Senator Tysinger of the 41st:
A bill to amend Code Chapter 84-3, relating to architects, as amended, so as to change the provision defining the practice of architecture.

SB 627. By Senators Lester of the 23rd and Holley of the 22nd:
A bill to amend an Act known as the "Georgia Ports Authority Act", approved March 9, 1945 (Ga. Laws 1945, p. 464), as amended, so as to authorize the Governor on behalf of the State, to convey certain prop erty to the Georgia Ports Authority.
SB 631. By Senator Starr of the 44th:
A bill to amend an Act known as the "Cooperative Educational Services Agencies Act", approved Mar. 27, 1972 (Ga. Laws 1972, p. 550), so as to change the provisions relative to financing Cooperative Educational Service Agencies.
SR 322. By Senators Overby of the 49th, Garrard of the 37th, Ward of the 39th and others:
A resolution to amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. Laws 1973, p. 70), so as to change the membership of the Metropolitan Atlanta Rapid Transit Overview Committee; to direct the State Department of Transportation to assist the Committee.

FRIDAY, FEBRUARY 8, 1974

763

SR 329. By Senators Lester of the 23rd and Holley of the 22nd:
A resolution authorizing the conveyance of certain State-owned real property located in Richmond County, Georgia, to the City of Augusta and the acceptance of certain property owned by the City of Augusta, located in Richmond and Columbia Counties, Georgia, in consideration therefor.

SR 333. By Senator Wasden of the 2nd:
A resolution requesting the Secretary of Transportation of the United States to establish an AMTRAK rail passenger route between Savannah and Atlanta.

SR 344. By Senators McDuffie of the 19th and Barker of the 18th:
A resolution authorizing the conveyance of certain State-owned real property located in Pulaski County, Georgia.

HB 69. By Messrs. Brown, Dickey, Berlin and Evans of the 89th:
A bill to amend Code Chapter 24-21, relating to ordinaries' courts and proceedings therein, so as to provide for the use of photostatic and photographic equipment by ordinaries.

HB 1016. By Mr. Harris of the 51st: A bill to provide an alternative method to the authorization for exercise of power of sale in deeds of trust, mortgages, and other instruments contained in Code Section 37-007, as amended.
HB 1305. By Mr. Wheeler of the 13th: A bill to amend Code Section 95A-959, relating to weights of vehicles and loads, so as to change certain exception provisions; to change the gross weight provisions; to provide an exception for the hauling of granite from the quarry to the processing plant.
HB 1463. By Mr. Groover of the 75th: A bill to amend Code Section 92-2902, relating to annual fees for oper ating motor vehicles, so as to provide for license fees for certain temporarily leased trucks.
HR 461. By Mr. Wamble of the 120th: A resolution authorizing the conveyance of certain real property located in Cairo, Grady County, Georgia.

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JOURNAL OF THE SENATE,

HR 483. By Messrs. Walker of the 100th and Grahl of the 88th:
A resolution authorizing the conveyance of certain real estate located in the City of Montezuma in Macon County.

SB 291. By Senators Holley of the 22nd and Lester of the 23rd:
A bill to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", as amended, so as to provide for concurrent jurisdiction in the juvenile court and superior court over certain delinquent acts.

SB 292. By Senators Holley of the 22nd and Lester of the 23rd:
A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, as amended, so as to provide that felons over the age of 13 may be sen tenced into the custody of the Department of Offender Rehabilitation.

SR 307. By Senator Moore of the 56th:
A resolution proposing an amendment to the Constitution so as to pro vide that a person sentenced to imprisonment for the violation of a law of this State relating to pharmacists, pharmacy or drugs shall not be eligible for reprieve, pardon or parole, commutation of penalty or remittal of any part of a sentence; to provide for the submission of this amendment for ratification or rejection.

HB 1709. By Mr. Carr of the 90th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commissioner of Glascock County, so as to change the compensation of the Tax Com missioner.

HB 1710. By Mr. Carr of the 90th: A bill to provide for a supplement to the compensation of the Ordinary of Glascock County to be paid out of the funds of Glascock County.
HB 1721. By Messrs. Adams and Smith of the 74th: A bill to amend an Act creating a Small Claims Court in certain coun ties (population not less than 23,500 and not more than 24,100), so as to change the population figures and census contained therein; to change the jurisdiction of said courts.

FRIDAY, FEBRUARY 8, 1974

765

SR 336. By Senator McDuffie of the 19th:
A resolution proposing an amendment to the Constitution, so as to provide that any proceedings relative to the removal of the 20 mill limitation on school taxation in Telfair County previously taken under the provisions of Article VIII, Section XII, Paragraph II of the Consti tution are hereby rescinded, and the provisions of Article VIII, Section XII, Paragraph I shall control.

HR 465. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73rd:
A resolution proposing an amendment to the Constitution so as to per mit the governing authority of McDuffie County to levy and collect an ad valorem tax to be paid to the Development Authority of McDuffie County; to provide for discontinuance of said levy.

HB 1617. By Messrs. Lewis and McCracken of the 77th, Lane and Nessmith of the 76th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Burke County, known as the fee system; to provide in lieu thereof an annual salarv.

HB 1682. By Messrs. Snow of the 1st. Peters of the 2nd, Hays of the 1st, Cole and Foster of the 6th:
A bill to amend an Act incorporating the Town of Ft. Oglethorpe, so as to change the provisions relating to the election of the mayor and aldermen.

HB 1690. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th:
A bill to amend an Act placing the Sheriff of Pierce County on an annual salary, so as to change the compensation provisions relating to the sheriff.

HB 1691. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th:
A bill to abolish the present mode of compensating the Tax Collector of Pierce County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1692. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th:
A bill to abolish the present mode of compensating the Tax Receiver of

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Pierce County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1693. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th:
A bill to amend an Act creating a Board of Commissioners of Pierce County, so as to change the compensation of the Chairman and the members of the Board of Commissioners of Pierce County.

SB 623. By Senator Parker of the 31st: A bill to amend an Act establishing the State Court of Polk County, as amended, so as to change the compensation of the judge of said court; to provide an effective date.
SB 624. By Senator Parker of the 31st: A bill to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the sheriff and his deputies.
SB 632. By Senator Kennedy of the 4th: A bill to amend an Act authorizing Evans County to pay the ordinary of said County a monthly allowance in addition to fees, as amended, so as to change the amount of said monthly allowance.

HB 293. By Messrs. Morgan of the 70th and Carrell of the 71st:
A bill to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds of Walton County.

HB 295. By Messrs. Morgan of the 70th and Carrell of the 71st:
A bill to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds of Newton County.

HB 1482. By Messrs. Adams and Smith of the 74th:
A bill to amend Code Section 24-1801 relating to Clerks of County Ordi naries so as to authorize the Ordinary in counties whose population is not less than 23,450 nor more than 23,550 to appoint a Clerk whose salary shall be paid from County funds which salary shall not exceed the sum of $5,000 per annum.

FRIDAY, FEBRUARY 8, 1974

767

HR 568. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty County.

HR 569. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th:
A resolution proposing an amendment to the Constitution so as to abol ish the office of tax commissioner of the County of Dougherty.

The President ordered the morning roll call, and the following Senators answered to their names:

Barker Bell Broun of 46th Brown of 47th Carter Coverdell Dean Doss Duncan Eldridge Fincher Garrard Hamilton Holley Holloway Howard

Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan

Salter Skene Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not answering to their names were Senators:

Ballard Cleland Coggin

Cox Gillis Hcnderson

Herndon Hill Smalley

Senator Garrard of the 37th introduced as Chaplain, Dr. Robert Ozment, pastor, First Methodist Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following is the Senate Rules Calendar for today: HB 1108. Sales Tax--dealer failing to make returns SB 294. Board of Examiners of Power Engineers--create (SUB) SB 428. Hypodermic Syringe--possession unlawful certain persons (SUB)

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SB 454. 1974 Public Disclosure Act (SUB)

SB 503. Littering--change penalty (SUB)

SB 547. Narcotic Drug Prescription--physical exam required (AM)

SB 573. Board of Orthotists and Prosthetists--create

SB 575. Governor--grant emergency powers during crisis (SUB)

SB 593. Homestead Exemption--62 year olds

SB 599. Gift of Body or Part of Body--permission on driver's license

SB 612. Board of Medical Examiners--membership, duties and powers (SUB)

SB 613. Pharmacists, pharmacy and Drugs--information on prescriptions

SB 615. Governmental Positon Dealing with Public Policy--citizenship

SB 617. Selected Drug Offenders--treatment

SR 334. Joint Introduction of Bills and Resolutions--provide

HB 37. Indigent Criminals--representation (SUB)

HB 1304. Chattahoochee Judicial Circuit District Attorney--salary

HB 1326. Driver's License Examiners--salaries

HB 1372. Illegally Assessed Taxes and License Fees--refund (AM)

HB 1418. Hospital Authorities--issue obligations other than revenue

HR 259. Aluminum Ore from Kaolin--bonus for first plant.

Senator Coggin of the 35th assumed the Chair.

The following general bill of the Senate, having been defeated on March 5, 1973, and reconsidered March 6, 1973 and recommitted to the Committee on Economy, Reorganization and Efficiency in Government was favorably reported by the committee and put upon its passage:
SB 294. By Senator Stephens of the 36th:
A bill to create the State Board of Examiners of Power Engineers; to provide for a short title.

FRIDAY, FEBRUARY 8, 1974

769

Senator Langford of the 51st moved to recommit SB 294 to the Committee on Economy, Reorganization and Efficiency in Government.

On the motion, the ayes were 16, nays 18; the motion was defeated, and SB 294 was not recommitted to the Committee on Economy, Reorganization and Efficiency in Government.

The Senate Committee on Economy, Reorganization & Efficiency in Govern ment offered the following substitute to SB 294:
A BILL
To be entitled an Act to create the State Board of Examiners of Power Engineers; to provide for a short title; to define certain terms; to provide for the appointment of members of the Board and their terms, qualifications, compensation and removal; to provide for meetings and quorums; to provide for a Joint-Secretary of said Board; to define the powers and duties of the Board; to provide for the classification of all plants and equipment; to provide for examinations and the issuance of licenses to qualified applicants for such licenses; to provide for provi sional licenses; to provide for revocation of licenses; to empower the Board to adopt rules and regulations necessary to administer this Act; to provide for enforcement of this Act; to provide an implementation date; 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 GEOR GIA:
Section 1. Short Title. This Act may be known and may be cited as "The Licensing of Power Engineers Act".
Section 2. Definitions. The following words and phrases as used in this Act shall, unless different meaning is required by the context, have the following meaning:
(a) "Board" shall mean the State Board of Examiners of Power Engineers,
(b) "License" shall mean a document issued by the Board stating that the operator has met the requirements for the specified classifica tion of the licensing program;
(c) "Compression plant" shall mean for the purpose of these regu lations, any plant where the compression of air or other gases coming within the meaning of this Act is performed for any purpose including a refrigeration process;
(d) "Power Engineer" shall mean any person who has responsibility for the operation, maintenance and/or management of a plant comprised

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of engines, boilers, pressure vessels, piping, electrical systems, compres sion plants, etc., (sometimes referred to as a stationary engineer);

(e) "Horsepower of a refrigeration plant" means one and one-half (1%) times its capacity in tons of refrigeration;

(f) "Horsepower of a boiler" means the total capacity in horse power as calculated below:

(1) Ten square feet of heating surface shall equal one boiler horsepower. In cases where electric power is used as a heat source, the boiler horsepower rating shall be the maximum kilowatt capacity of the heating element divided by ten.

(2) In cases where vessels have irregular shaped heating surfaces as a cast iron sectional boiler, then one square foot of grate area shall equal one and one-half boiler horsepower.

(3) In cases where none of the above is applicable, a heat transfer of 33,500 British thermal units per hour shall equal one boiler horse power.

(g) "Examining engineer" means a member of the examining board appointed by the Governor of Georgia for the purpose of examining power engineers, and performing other duties as directed by the Gov ernor for the purpose of protecting health, life and property;

(h) "Boiler" means any vessel in which gas or vapor may be gen erated or liquids may be put under pressure by the application of heat and includes any pipe or fitting, prime mover, machinery or other equipment attached thereto or used therewith;

(i) "Engine" for the purpose of this Act used to mean heat engine or Webster's definition--"any machine by which physical power is ap plied to produce a physical effect, as one converting heat into a more desirable usable form, as torque on a crankshaft". Internal combustion engines, turbines, compressors, pumps, etc. are all classed as engines along with an engine in this Act;

(j) "Pressure vessel" means any vessel in which any gas, vapor or liquid is stored or processed under a pressure which is unfired.

(k) "Plant" means a facility consisting of engines, boilers, pressure vessels, piping, electrical systems, compression plants, etc.

Section 3. Board of Engineers, (a) There is hereby created a Board to be known as the State Board of Examiners of Power Engineers, hereafter referred to as the Board. Said Board shall be composed of ten or more members to be appointed by the Governor. There shall be an executive staff consisting of four examining engineers and the re maining examining engineers will be assigned to districts for the pur pose of holding examinations within the areas of the State and reduce the traveling time of either the candidate or the examining engineer. The

FRIDAY, FEBRUARY 8, 1974

771

four examining engineers of the executive staff shall be a chief ex amining enginer who shall perform as the Chairman of the Board, an assistant chief examining enginer who shall serve as vice chairman, a secretary and an inspecting engineer.

The foregoing four appointed members shall serve for four-year terms except that of the initial appointments; one shall be for one year, one for two years, one for three years and one for four years. The Gov ernor may fill any vacancy in the appointed membership of the Board and may remove any appointed member for cause.

The original district examining engineers will be appointed in dis tricts. The headquarters of each district will be the area vocational technical school. The foregoing appointed members shall serve for fouryear terms and the Governor may fill any vacancy in the appointed membership of the Board and may remove any appointed member for cause.

No appointee shall be eligible as a member of such Board who has not had twelve years experience in power engineering and such member must be the holder of a commission as an examining engineer issued by the National Institute for the Uniform Licensing of Power Engineers.

(b) The members of the Board shall receive no compensation for their services, but shall be reimbursed for expenses incurred in the per formance of their duties. The Board of Examiners shall be provided with all stationery and supplies for their official duties and stenographic and administrative services for use in the conduct of their duties.

(c) The district examining engineers shall meet at least once each month for the examination of applicants, provided, however, that such meeting shall not be held unless there are ten or more applications on file. The Joint-Secretary and the chief examining engineer shall have the power to call special meetings of the Board when deemed necessary. A majority of the Board shall constitute a quorum for the transaction of business, and the secretary of the Board shall be required to keep minutes of all meetings.

Section 4. Joint-Secretary. The Joint-Secretary of the State ex amining boards shall act as the administrative agent for the Board. The same jurisdiction, duties, powers and authority which the Joint-Secretary has with reference to other examining boards is hereby conferred upon him with respect to the State Board of Examiners of Power Engineers.

Section 5. Classification. The Board shall classify all plants and equipment with due regard to the size, type, character and other condi tions affecting such plants and equipment. This classification of plants and equipment shall be made according to the skill, knowledge and ex perience that the power engineer in charge must have to successfully operate the plant and/or equipment so as to protect health, life and prop erty and prevent air pollution. The Board shall be guided by those rules and regulations published by the Occupational Safety and Health Act. The National Institute for the Uniform Licensing of Power Engineers,

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local, State and federal health regulations pertaining to air pollution, etc.*

Section 6. Licenses. The Board shall license persons as to their qualifications to supervise successfully the operation of such plants and equipment.

(a) Any person desiring to be licensed as a licensed power engineer shall make application to the Board, which application shall be accom panied by the required fee.

(b) The license granted under the Act shall be valid from January 1 until the following December 31. Each license shall be renewed annual ly on or before January 1. Application for renewal of certification shall be accompanied by a renewal fee of $5.00.
Section T. Examinations. The Board shall obtain examinations from the National Institute for the Uniform Licensing of Power Engineers to be used in determining the knowledge, ability and judgment of appli cants for licensing. In certain cases, the Board may require practical and oral examinations in addition to the written examination.
The cost for these examinations shall be borne by a fee established by the Board. Any individual who takes the exam has the right of appeal to the full Board in case of an adverse decision by the district examiner.

Section 8. Issuance of Licenses. Any person who presently holds a current, valid license issued by Fulton County, Georgia, shall be issued, upon proper application, the appropriate license as per the following arrangement:
A State license of fourth class engineer will be issued for a Fulton County fireman or fourth class engineer; State third class engineer for a Fulton County third class engineer; a State second class for a Fulton County second class and a State first class for a Fulton County first class. A State chief engineer's license can only be issued to the holder of a Fulton County first class engineer's license after the passing of the chief engineer's examination.
Any person who presently holds a current, valid license attained by examination under the voluntary license program administered by the Georgia Association of Power Engineers, shall be issued, upon proper application, a license of equal classification.

The Board, upon application, may issue a license, without examina tion, in a comparable classification to any person who holds a current, valid license with a licensing agency that has beeen accredited by the National Institute fur the Uniform Licensing of Power Engineers: Provided, that the requirements for licensing power engineers under which the person's license was issued do not conflict with the provisions of this Act and are of a standard not lower than that specified by regu lations adopted under this Act. Provided further, that such license meets the requirements set forth by the National Institute for the Uniform

FRIDAY, FEBRUARY 8, 1974

773

Licensing of Power Engineers and provided further that reciprocal privi leges are granted to license holders of this State.

Licenses of proper classification will be issued upon proper applica tion, without examination to the person or persons certified by the gov erning body or owner to have been in responsible charge of the plant on the effective date of this Act. A license so issued will be valid only for that plant.

Section 9. Provisional Licenses. The Board of Examiners of Power Engineers may issue provisional licenses under the following provisions:

A provisional license may be issued for not more than 90 days if a properly graded engineer is not available.

A person who possesses a license of current issue by an agency, county, municipal or State may be granted a provisional license up to and including the equivalent grade for 90 days.

A person may be issued a provisional license one grade higher than his current Georgia State license, not to exceed 90 days.

The 90-day provisional license is granted to allow time for preparing for and taking the examination. The charge for each 90-day provisional license is $10.00.

At the discretion of the examining board, provisional licenses may be renewed.

Section 10. Revocation of Licenses. The Board may revoke the li cense of an engineer following a hearing before the Board of its desig nated representative, when it is found that the person has practiced fraud or deception; that reasonable care, judgment, or the application of his knowledge or ability was not used in the performance of his duties, or that the operator is incompetent or unable to perform his duties.

Any person aggrieved by any order of the Board denying, suspend ing or revoking any certificate as provided for herein shall have a right of appeal to the superior court of the county in which the office of the Joint-Secretary is maintained, and service upon such Joint-Secretary shall be service upon the Board.

Section 11. Adoption of Regulations. The Board shall have the authority to adopt such rules and regulations as may be necessary to administer this Act and effectuate the purposes expressed therein. The rules and regulations shall include, but are not limited to, provisions establishing the basis for the classification of plants and provisions establishing qualifications of applicants and procedures for examination of candidates. All rules and regulations shall be promulgated jointly by the State Board of Workmen's Compensation (Occupational Health and Safety Standards) and the Department of Human Resources (Air Quality Control).

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Section 12. Plant, Classification and Power Engineer Qualifications --Plants and Personnel Requirements shall be classified according to the criteria set forth in the following table:
FOURTH CLASS ENGINEER
Minimum age--18. Education required--High school graduate or equivalent, two years
approved apprenticeship or approved OJT. Experience required--Two years. Examination required--Oral, written, practical. Minimum time in previous grade--Two years. Maximum Engine (Prime Mover) Horsepower requiring licensed
power engineer. (Unsupervised)--500 HP. Maximum Boiler Horsepower requiring licensed stationary engineer
(Unsupervised)--LP-Unlimited, HB. 100 BHP. Refrigeration License (Unsupervised)--100 tons. Fees--Examination $10.00 Reneweal $5.00.

THIRD CLASS ENGINEER
Minimum age--20. Education required--One year engineering technology or equivalent. Three years apprenticeship or approved OJT. Experience required--Three years. Examination required--Oral, written practical. Minimum time in previous grade--One year. Maximum Engine (Prime Mover Horsepower requiring licensed
power engineer (Unsupervised)--100 HP. Maximum Boiler Horsepower requiring licensed stationary
engineer (Unsupervised)--200 BHP. Refrigeration (Unsupervised) 500 tons. Fees--Examination--$15.00 Renewal $5.00

SECOND CLASS ENGINEER

Minimum age--21. Education required--Two years engineering technology,
Four years approved apprenticeship, or approved OJT. Examination required--Oral, written, practical. Minimum time in previous grade--One year. Maximum Engine (Prime Mover) requiring licensed power
engineer. (Unsupervised)--2500 HP. Maximum Boiler Horsepower requiring licensed stationary
engineer (Unsupervised) 500 BHP, Refrigeration (Unsupervised)--1000 tons. Fees--Examination $18.50 Renewal $5.00.

FIRST CLASS ENGINEER

Education required--Three years engineering or equivalent, Job experience.
Experience required--Oral, written, practical.

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775

Minimum time in previous grade--two years.
Maximum Engine (Prime Mover) Horsepower requiring licensed power engineer (Unsupervised)--7500 HP.
Maximum Boiler Horsepower requiring licensed stationary engineer (Unsupervised)--1500 BHP--Refrigeration (Unsupervised) 5000 tons.
Fees--Examination $20.00 Renewal $5.00.

CHIEF ENGINEER
Education required--A college degree or equivalent, Plant and Management Experience.
Experience required--Ten years. Examination required--Oral, written, practical. Minimum time in previous grade--Four years. Maximum Engine (Prime Mover) Horsepower requiring licensed
power engineer (Unsupervised) Unlimited. Maximum Boiler Horsepower requiring licensed stationary engineer
(Unsupervised) Unlimited, Refrigeration license (Unsuper vised) Unlimited. Fees--Examination $25.00 Renewal $5.00.
Section 13. Implementation Date. On or after January 1, 1975, any government agency, firm or corporation operating an engine, pressure vessel steam boiler or compression plant shall comply with the provisions of this Act.
Section 14. Enforcement. The State Board of Workmen's Compen sation (Occupational Health and Safety Standards) shall enforce pro visions of the Act relating to safety. The Department of Human Re sources (Air Quality Control) shall enforce provisions relating to air pollution with enforcement provisions provided respectively. Any person who shall be convicted of a violation of any of the provisions of these Articles shall, in the discretion of the court, be subject to a penalty of not less than $25.00, nor more than $500.00, or be imprisoned for a term not exceeding ninety days, or both, for each and every offense. Each day on which such violation shall occur shall be deemed to constitute a separate and distinct offense.
Section 15. Severability. In the event any part of this Act should be adjudged invalid or unconstitutional, such adjudication shall not af fect any other part of this Act. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part was invalid.
Section 16. Effective Date. This Act shall become effective Jan uary 1, 1975.
Section 17. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Webb of the llth offered the following amendment:

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Amend the Committee substitute to SB 294 by adding a new section to be designated as section 15A to read as follows:

"Anything to the contrary notwithstanding, this Act shall apply only to industrial enterprises."

On the adoption of the amendment, the ayes were 40, nays 0, and the amend ment to the committee substitute was adopted.

Senator London of the 50th offered the following amendment: Amend the Committee substitute to SB 294 by striking on Page 2,
line 11 the words: "pressure vessels"
and by striking on Page 2, lines 16, 17 and 18 in their entirety.
On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment to the committee substitute was adopted.
On the adoption of the substitute, the ayes were 33, nays 1, and the commit tee substitute was adopted and 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 Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Cox Dean Fincher Gillis Hamilton Henderson Hill Holley Howard

Hudgins Jackson Kidd Lester London McDuffie Moore Riley

Salter Skene Starr Stephens Thompson Tysinger Wasden Zipperer

FRIDAY, FEBRUARY 8, 1974

777

Those voting in the negative were Senators:

Barker Bell Broun of 46th
Brown of 47th Carter Cleland Coverdell Doss Eldridge

Garrard Herndon Holloway
Kennedy McGill Overby Parker Reynolds

Rowan Smalley Smith
Summers Button Warren Webb Young

Those not voting were Senators:

Ballard Coggin (presiding)

Duncan Johnson

Langford Ward

On the passage of the bill, the ayes were 25, nays 25.
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 in defeating- SB 294.
The President resumed the Chair.
The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:
SB 428. By Senator Thompson of the 32nd: A bill to amend Code Title 79A, as amended, so as to provide that it shall be unlawful for any person to possess a hypodermic syringe or needle or any other instrument adapted for the use of administering' habit-forming drugs unless such possession has been obtained upon a valid written prescription.
The Senate Committee on Health and Welfare offered the following substitute to SB 428:
A BILL
To be entitled an Act to amend Code Chapter 79A-5, relating to pharmacies, so as 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,

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hospitals, clinics, other medical institutions and certain persons may pos sess hypodermic syringes, needles and other such devices; to prohibit the discarding of any such syringes, needles or devices unless destroyed so as to prevent further use as hypodermic instruments; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Chapter 79A-5, relating to pharmacies, is hereby amended by adding, between Code Sections 79A-519 and 79A-520, a new Code Section to be designated Code Section 79A-519.1 to read as fol lows :

"79A-519.1. Sale of hypodermic syringes, needles and other such devices; penalties.-- (a) Any person who shall be found guilty of possessing, selling, giving away, lending or providing a hypo dermic syringe, hypodermic needle or any other device which may be used for the purpose of injecting 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 drugs 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 li censed person, or a person acting on behalf of such licensed person, firm or institution, and provided that if any such syringes, 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 de vice.
(b) Firms or individuals licensed by this State as drug whole salers, 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 institu tions 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.

FRIDAY, FEBRUARY 8, 1974

779

(d) Any person may lawfully possess such hypodermic syringe, hypodermic needle or other such device, provided that such posses sion is for legitimate medical purposes.

(e) Provided, however, that nothing in this Section shall pro hibit the sale of such needles, syringes or devices by veterinarians, farm supply dealers or veterinary supply dealers of sizes over 5cc to be used by farmers or veterinarians or others for treatment or prevention of diseases in poultry or livestock."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Sutton of the 9th offered the following amendment:
Amend the committee substitute to SB 428 by: adding on Page 3, line 4, after the word "purposes" the following:
"in man or animal".

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the ayes were 31, nays 0, and the commit tee 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean

Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holley

Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie

780
McGill Moore Overby Parker Reynolds Riley Rowan Salter

JOURNAL OP THE SENATE,

Skene Smalley Starr Stephens Summers Button Thompson

Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting was Senator Smith.

On the passage of the bill, the ayes were 55, nays 0.

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

SB 612. By Senator Fincher of the 54th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to provide for all matters relative to the composition, qualifications for membership, filling of vacancies, and duties and powers of the Composite State Board of Medical Examiners; to provide for all matters relative to the employment, duties and powers of such personnel as may be necessary to assist the Composite State Board of Medical Examiners.
The Senate Committee on Health and Welfare offered the following substi tute to SB 612:
A BILL
To be entitled an Act to amend Code Chapter 84-9, relating to medi cal practitioners, as amended, so as to amend the definition of "licensed doctors of medicine"; to provide for all matters relative to the composi tion, qualifications for membership, filling of vacancies, and duties and powers of the Composite State Board of Medical Examiners; to provide for all matters relative to the employment, duties and powers of such personnel as may be necessary to assist the Composite State Board of Medical Examiners; to provide for the organization, operation and com pensation of the Composite State Board of Medical Examiners; to pro vide for the adoption of such rules and regulations as may be necessary to perform the duties imposed by Code Chapter 84-9; to provide that nothing in Code Chapter 84-10 shall be construed to permit the practice of medicine as defined in Code Chapter 84-9; to provide certain activities of licensed nurses shall not be construed to be an unlawful practice of medicine; to provide for certain powers in matters relating to the duties of the board; to provide for matters relative to the issuance and re newal of licenses; to provide the power to elicit information from li-

FRIDAY, FEBRUARY 8, 1974

781

centiates in renewal applications; to impose the duty to assist in crimi nal prosecution for violation of Code Chapter 84-9; to provide for all matters relating to the grounds upon which a licentiate may be dis ciplined, or upon which an applicant may be refused a license; to pro vide the powers and procedures necessary to enforce the disciplinary section of this Chapter; to provide that the State Board of Medical Examiners may require mental or physical examinations of licentiates or applicants in certain circumstances; to provide for procedures ap plicable to the reception of evidence relating to a licentiate's or appli cants' mental or physical condition; to provide for disciplinary or remedial powers; to provide for the restoration or reissuance of licenses; to provide for all matters relative to investigations by or in behalf of the Composite State Board of Medical Examiners, and the records of such investigations; to provide for the admissibility in evidence in a hearing under appropriate procedures of the records and testimony of patients of licentiates or applicants regardless of privi leges which such patients might otherwise be able to assert; to provide for privacy in certain deliberations of the Composite State Board of Medical Examiners and in certain communications to licentiates or ap plicants; to provide for matters relative to the procedures by which hearings shall be conducted; to provide for other matters relative to the issuance of provisional licenses; to repeal specific Code Sections; to pro vide 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 Chapter 84-9, relating to medical practitioners, as amended, is hereby amended by striking the following words from the final sentence of Section 84-901, relating to the definition of "licensed doctors of medicine":

"who have graduated from a medical college and hold the de gree of Doctor of Medicine and",

so that when so amended, said Code Section shall read as follows:

"84-901. The terms 'practice of medicine', 'to practice medi cine', 'practicing medicine', and 'practice medicine', as used in this Chapter, are hereby defined to mean holding one's self out to the public as being engaged in the diagnosis or treatment of disease, defects or injuries of human beings, or the suggestion, recommenda tion or prescribing of any physical, mental or functional ailment or defect of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift or compensation whatsoever, or the maintenance of an office for the reception, examination and treatment of persons suffering from disease, defect or injury of body or mind, or attaching the title 'M.D.', 'Oph.', 'D.', 'Dop.', 'Sur geon', 'Doctor', 'D.O.', 'Doctor of Osteopathy', either alone or in con nection with other words, or any other words or abbreviations to his name, indicating that such person is engaged in the treatment or diagnosis of disease, defects or injuries of human beings.

Provided, however, that the terms 'doctors of medicine', 'doctors

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of medicine licensed to practice in the State' and similar terms wherever used or appearing in this Chapter or elsewhere shall mean and include only those persons who are licensed to practice medi cine under the provisions of this Chapter."

Section 2. Said Code Chapter is further amended by striking in its entirety Code Section 84-902, relating to the creation of a Composite State Board of Medical Examiners, and inserting in lieu thereof a new Code Section 84-902 which shall read as follows:

"84-902. (a) A board is hereby established, to be known by the name and style of the Composite State Board of Medical Examiners, which board shall be composed of twelve (12) practicing physicians of integrity and ability, who shall be residents of, and have been duly licensed to practice in this State, ten (10) of whom shall be graduated from reputable medical schools conferring the M. D. de gree and two (2) of whom shall have graduated from a reputable osteopathic school conferring the D. O. degree, and all of whom shall have been engaged in the active practice of their profession within this State for a period of at least five (5) years. There shall be appointed, as vacancies occur in posts held by holders of the M. D. degree, a board member to represent each Congressional District in the State as hereinafter provided. Any vacancy occurring in a post held by a holder of the D. O. degree shall be filled by a D. O. from the State at large as hereinafter provided. Hereinafter, wherever in this Chapter reference is made to the 'State Board of Medical Examiners' or 'Board of Medical Examiners' or 'board', it shall mean the 'Composite State Board of Medical Examiners.'

(b) Said board shall perform such duties, and possess and ex ercise such powers, relative to the protection of the public health, and the control and regulation of the practice of medicine and osteopathy as this Chapter prescribes and confers upon it and shall have the power to carry out investigations, either through the Joint Secretary or independently.

(c) The board shall recommend to the Secretary of State the employment or appointment, and the Secretary of State shall ap point or employ such personnel, including but not limited to an executive director, a secretary or secretaries, and investigators, or may contract for the services thereof, as may be necessary to assist the board in exercising or performing any and all of the powers, duties and obligations set forth in this Chapter; provided, however, that the board and the Secretary of State must concur as to the individuals appointed unless the board waives its right to recommend named individuals. Personnel appointed or employed by the board shall be paid such salary or per diem as the board shall recommend and the Secretary of State shall approve, and all such personnel shall receive the necessary expenses incident to carrying out the duties imposed upon them by the board. Such personnel may, but need not be licensed physicians or members of the board; and in vestigators may be appointed or employed either permanently or temporarily. All such personnel shall be agents of the board and shall be authorized to perform any and all such powers, duties and

FRIDAY, FEBRUARY 8, 1974

783

obligations of the board as the board may direct. All personnel ap pointed or employed after the effective date of this Code Section shall be in the unclassified service as defined in an Act approved March 10, 1971 (Ga. Laws 1971, p. 45), relating to the State Merit System."

Section 3. Said Code Chapter is further amended by striking in its entirety Code Section 84-905, relating to the organization of the Com posite State Board of Medical Examiners, and inserting in lieu thereof a new Code Section 84-905 which shall read as follows:

"84-905. (a) Immediately after the appointment and qualifica tion of the members, said Board of Medical Examiners shall meet and organize and shall elect a president and vice-president. Said board shall operate under the terms of Chapter 84-1, providing for a Joint Secretary of the several State Examining Boards and said Secretary shall serve said board as provided by law. Each member shall receive, for services for each day's attendance upon meetings: the sum of $25.00 and all necessary expenses incident to holding meetings.

(b) The board shall hold two regular meetings each year, one in May or June and one in October. Call meetings may be held at the discretion of the President. The board shall adopt a seal, which must be affixed to all licenses issued by the board.

(c) The board shall, from time to time, adopt such rules and regulations as they may deem necessary for the performance of their duties and shall examine and pass upon the qualifications of the applicants for the practice of medicine, as herein provided."

Section 4. Said Code Chapter is further amended by adding to paragraph (8) of subsection (b) of Code Section 84-906, relating to ex ceptions to the prohibitions of Code Chapter 84-9, the following:

"provided, however, that nothing in Code Chapter 84-10 nor any amendment thereto shall be construed to permit the practice of medicine as defined in this Chapter;",

so that when so amended, Code Section 84-906(b) (8) shall read as fol lows:

"(8) the licensed practice of midwifery or nursing provided, however, that nothing in Code Chapter 84-10 nor any amendment thereof shall be construed to permit the practice of medicine as de fined in this Chapter;".

Section 5. Said Code Chapter is further amended by adding at the end of subsection (b) of Code Section 84-906, relating to exceptions to the prohibitions of Code Chapter 84-9, a new paragraph (11), to read as follows:

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"(11) The activities of licensed nurses in connection with hos pital or nursing home patient care programs, such as, but not limited to, coronary care units, intensive care units, nurse-midwifery, and emergency room service, where such activities are subject to ad ministrative control by a hospital or nursing home, as well as gen eral supervision and direction by one or more licensed physicians, and are:

(i) governed by standing or specific orders of one or more li censed physicians, or

(ii) have been established by a hospital or nursing home with the approval of the medical staff or authorized committee thereof."

Section 6. Said Code Chapter is further amended by repealing Code Section 84-909, relating to Confederate pensioners, in its entirety.

Section 7. Said Code Chapter is further amended by striking in its entirety Code Section 84-915, relating to issuance and renewal of li censes, and inserting in lieu thereof a new Code Section 84-915 which shall read as follows:
"84-915. (a) The Board of Medical Examiners shall have au thority to administer oaths, to summon witnesses, and to take testi mony in all matters relating to its duties.

(b) Said board shall issue licenses to practice medicine to all persons who shall furnish satisfactory evidence of attainments and qualifications under the provisions of this Chapter and the rules and regulations of the board. Such license shall be signed by the Presi dent of the State Board of Medical Examiners and attested by the Joint Secretary, State Examining Boards, under the board's adopted seal, and it shall give absolute authority to the person to whom it is issued to practice medicine in this State. It shall be the duty of the Joint Secretary under the direction of the board to aid in the en forcement of this Chapter and in the prosecution of all persons charged with violations of its provisions.

(c) The fee for renewal of all licenses issued under this Chapter shall be established by the board, such fees to be commensurate with the costs of fulfilling the statutory duties of the board as defined by this Chapter. On or before December 1, the Joint Secretary, State Examining Boards, shall mail to each person holding a current license to practice medicine an application for renewal of his license upon which application the licentiate may be required to furnish such information relative to the licentiate's qualifications to practice medicine as the board may deem necessary, and a statement of the fee. Upon his receipt of the application and renewal fee, the Joint Secretary, acting under the direction of the Composite State Board of Medical Examiners, shall be authorized to renew the license. Failure to apply for renewal of a license and to remit the renewal fee during the month of December shall not withdraw the right of renewal but the renewal fee, if submitted after December 31, shall be three times the regular renewal fee."

FRIDAY, FEBRUARY 8, 1974

785

Section 8. Said Code Chapter is further amended by striking in its entirety Code Section 84-916, relating to refusal or revocation of licenses, and inserting in lieu thereof a new Code Section 84-916 which shall read as follows:

"84-916. (a) The board shall have authority to refuse to grant a license to an applicant, or to discipline a physician licensed under this Chapter or any antecedent law upon a finding by the board that the licentiate or applicant has:

(1) Failed to demonstrate the qualifications or standards for a license contained in this Chapter or the rules and regulations of the board; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all requirements for the issuance of a license, and if the board is not satisfied as to the applicant's qualifications, it shall not issue a license; or

(2) Knowingly made misleading, deceptive, untrue, or fraudu lent representations in the practice of medicine or in any docu ment connected therewith; or practiced fraud or deceit or intention ally made any false statement in obtaining a license to practice medicine; or made a false or deceptive annual registration with the board; or

(3) Been convicted of a felony in the courts of this State or any other state, territory, or country. 'Conviction of a felony' as used in this Code Section 84-916(a) shall include a conviction of an offense which if committed in this State would be deemed a felony, without regard to its designation elsewhere. For the purposes of this Code Section 84-916(a), a 'conviction' shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon; or

(4) Committed a crime involving moral turpitude, without re gard to conviction; the conviction of a crime involving moral turpi tude shall be evidence of the commission of such crime. 'Conviction' as used herein shall have the meaning prescribed in Code Section 84-916(a) (3). For the purpose of this Chapter, a conviction or plea of guilty or of nolo contendere to a charge or indictment by either federal or state government for income tax evasion shall not be considered a crime involving moral turpitude; or

(5) Had his license to practice medicine revoked, suspended, or annulled by any lawful licensing authority; or had other disciplinary action taken against him by any lawful licensing authority; or was denied a license by any lawful licensing authority; or

(6) Advertised for or solicited patients; or obtained a fee or other thing of value on the representation that a manifestly in curable disease can be permanently cured; or made untruthful or improbable statements, or flamboyant or extravagant claims con cerning his professional excellence; or

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(7) Engaged in any unprofessional, unethical, deceptive or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing1 medical practice; or

(8) Performed, procured, or aided or abetted in performing or procuring a criminal abortion; or

(9) Knowingly maintained a professional connection or associ ation with any person who is in violation of this Chapter or the rules or regulations of the board; or knowingly aided, assisted, pro cured, or advised any person to practice medicine contrary to this Chapter or to the rules and regulations of the board; or knowingly performed any act which in any way, aids, assists, procures, ad vises or encourages any unlicensed person or entity to practice medi cine; or divided fees or agreed to divide fees received for profes sional services with any person, firm, association, corporation, or other entity for bringing- or referring a patient; or engaged in the practice of medicine as an officer or employee of any corporation other than one organized and existing pursuant to the Georgia Professional Association Act, approved April 6, 19G1 (Ga. Laws 1961, p. 404), as amended, or the Georgia Professional Corporation Act, approved March 11, 1970 (Ga. Laws 1970, p. 243), as amended, except as a licensed physician, or intern, or resident of a hospital or teaching institution licensed by this State; or

(10) 'Violated or attempted to violate a statute, or law, or any lawfully promulgated rules or regulation of this State, any other state, the board, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, or law, or rule or regulation relates to or in part regulates the practice of medicine, when the licentiate or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board, previously en tered by the board in a disciplinary hearing-; or

(11) Committed any act or omission which is indicative of bad moral character or untrustworthiness; or

(12) Been adjudged mentally incompetent by a court of com petent jurisdiction (within or without this State); any such adjudi cation shall automatically suspend the license of any such person, and shall prevent the reissuance or renewal of any license so sus pended for as long as the adjudication of incompetence is in effect, unless the board, upon a finding- that the licentiate is mentally competent, orders otherwise; any applicant who has been so ad judged to be mentally incompetent shall not receive a license unless the board, upon a finding that the applicant is mentally competent, orders otherwise; or

(13) Become unable to practice medicine with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs,

FRIDAY, FEBRUARY 8, 1974

787

narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition.

(i) In enforcing this Code Section 84-916(a) (13) the board may, upon reasonable grounds, require a licentiate or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privi lege under a contrary rule of law or statute, including, but not limited to, Georgia Code Section 38-418. Every person who shall accept the privilege of practicing medicine in this State, or who shall file an application for a license to practice medicine in this State, shall be deemed to have given his consent to submit to such mental or physical examination, and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communi cation. If a licentiate or applicant fails to submit to such an ex amination when properly directed to do so by the board, unless such failure was due to circumstances beyond his control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licentiate or applicant who is prohibited from practicing medicine under this subsection shall at reasonable inter vals be afforded an opportunity to demonstrate to the board that he can resume or begin the practice of medicine with reasonable skill and safety to patients.

(ii) For the purposes of this Code Section 84-916(a) (13), the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licentiate or appli cant, including psychiatric records, and such records shall be ad missible in any hearing before the board, notwithstanding any privi lege under a contrary rule of law or statute, including, but not limited to, Georgia Code Section 38-418. Every person who shall accept the privilege of practicing medicine in this State, or who shall file an application to practice medicine in this State, shall be deemed to have given his consent to the board's obtaining any such records, and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication.

(iii) If any licentiate or applicant could, in the absence of this Code Section 84-916 (a) (13), invoke a privilege to prevent the disclosure of the results of the above-mentioned examination, or the above-mentioned records relating to the mental or physical condition of such licentiate or applicant, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licentiate or applicant in any other type of proceeding.

(b) (1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code Section, the board may take any one or more of the following actions:

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(i) Refuse to grant a license to an applicant; or

(ii) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licentiate; or

(iii) Suspend any license for a definite period; or
(iv) Limit or restrict any license; or
(v) Revoke any license; or
(vi) Condition the penalty, or withhold formal disposition, upon the physician's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board.

(2) In addition to and in conjunction with the foregoing actions, the board may make a finding adverse to the licentiate or applicant, but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the physician on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.
(c) In its discretion, the board may restore and reissue a license to practice medicine issued under this Chapter or any antecedent law, and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this Chapter.
(d) The Joint Secretary, State Examining Boards, is hereby vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as he, or the board, or any district attorney may deem necessary or advisable in the enforcement of the provisions of this Chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material, except that as to which privilege has not been de nied or deemed waived by the provisions of this Chapter, which is deemed by the president of the board (or vice-president if the president is not available) to be related to the fitness of any licenti ate or applicant to practice medicine. The Joint Secretary or the president of the board (or vice-president if the president is not available) may issue subpoenas to compel such access. The results of all investigations whatsoever shall be reported only to the board, and the records of such investigations shall be kept by the board; no part of any such record shall be released for any purpose other than a hearing before the board, nor shall such records be subject to subpoena.
(e) In any hearing to determine a licentiate's or applicant's fitness to practice medicine, any record relating to any patient of the licentiate or applicant shall be admissible into evidence, regard-

FRIDAY, FEBRUARY 8, 1974

789

less of any statutory privilege which such patient might otherwise be able to invoke. In addition, no such patient may withhold testimony bearing upon a licentiate's or applicant's fitness to practice medicine on the ground of privilege between such licentiate or applicant and such patient. Any testimony or written evidence relating to a patient of a licentiate or applicant, or to the record of any such patient, shall be received by the board in camera, and shall not be disclosed to the public.

(f) In any hearing in which the fitness of a licentiate or applicant to practice medicine is in question, the board may exclude all persons from its deliberations of the appropriate action to be taken, and may, when in its discretion it deems it necessary, speak to a licentiate or applicant in private.

(g) The provisions of this Code Section arc enacted in the public welfare and shall be liberally construed."

Section 9. Said Code Chapter is further amended by striking in its entirety Code Section 84-917, relating to disciplinary proceedings, and inserting in lieu thereof a new Code Section 84-917 which shall read as follows:

"84-917. Proceedings before the board wherein a licentiate's right to practice medicine in this State is terminated, suspended, limited or a public reprimand administered shall require prior notice to the licentiate and an opportunity for hearing, and such proceedings shall be considered contested cases within the meaning of the Georgia Administrative Procedure Act, approved March 10, 19G4 (Ga. Laws 1904, p. 338), as amended. Neither refusal of a license nor a private reprimand shall be considered a contested case within the meaning of the Georgia Administrative Procedure Act and notice and hearing within the meaning of that Act shall not be required, but the applicant or physician shall be allowed to appear before the board if he so requests. The power to subpoena as set forth in said Act shall include the power to subpoena any hook, writing, paper or document. If any licentiate fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licentiate and take action as if such licentiate had been present."

Section 10. Said Code Chapter is further amended by repealing the following Code Sections in their entirety: Code Sections 84-918, relating to hearing procedures and powers; Code Section 84-919, relating to the failure of a licentiate or applicant to appear at a hearing; Code Section 84-920, relating to the appeal from a judgment of the Hoard of Medical Examiners; Code Section 84-921, relating to the payment of certain costs; and Code Section 84-923, relating to the restoration of a license after revocation.

Section 11. Said Code Chapter is further amended by adding a new Code Section, to be designated Code Section 84-927.1, which shall read as follows:

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"84-927.1. The board may, in its discretion, issue a provisional license to an applicant who demonstrates to the board that he pos sesses all the qualifications and meets all requirements necessary to become a licensed practitioner in this State except for having- passed any required examination. In such a case the board may waive the examination requirement and grant a provisional license which shall be valid only so long- as the applicant shall practice in the geo graphic locality specified upon such license. The practitioner so licensed shall renew his license as the board shall specify, but shall do so at least annually, and shall furnish such proof as the board may require that he is practicing in the geographic location speci fied upon such provisional license. The board shall not issue any such provisional license unless it determines in its discretion that there is an unfulfilled need for such medical services in the locality specified. The board shall have the power to promulgate such rules as may be necessary to implement the intent of this Code Section."

Section 12. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other 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 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.

On the adoption of the substitute, the ayes were 30, nays 1, and the com mittee 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmatve were Senators:

Ballard Barker Bell

Broun of 40th Brown of 47th Coggin

Cox Doss Duncan

Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Holley Holloway Johnson Kennedy Kidd

FRIDAY, FEBRUARY 8, 1974

791

Langford Lester London McDuffie McGill Moore Overby Reynolds Riley Salter Skene Smith

Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Carter Cleland Coverdell

Howard Hudgins

Jackson Parker

Those not voting were Senators:

Dean Hill

Rowan

Smalley

On the passage of the bill, the ayes were 45, nays 7.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Kidd of the 25th moved that SB 612 be immediately transmitted to the House.

On the motion, the ayes were 38, nays 0; the motion prevailed, and SB 612 was immediately transmitted to the House.

SB 454. By Senators Holloway of the 12th and Webb of the llth: A bill to be known as the "1974 Public Disclosure Act".

The Committee on Economy, Reorganization and Efficiency in Government offered the following substitute:
A BILL
To be entitled an Act to be known as the "1974 Public Campaign Contribution Disclosure Act"; to set forth a purpose; to define certain terms; to create a State Campaign Ethics Commission; to provide for a means by which members are to be appointed to the Commission; to

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provide compensation for said members; to provide for meetings of the Commission; to set forth the duties and powers of said Com mission; to provide for public disclosure of certain documents required to be filed with said Commission; to provide for the expenses of said Commission; to provide for the contents of said documents; to provide times for filing certain documents; to provide for a certificate of filing; to provide consequences for failure to file or for filing a false or incomplete document; to provide for amendment of documents; to impose responsibility upon candidates for reporting required matters to the Commission; to provide for the maintenance of certain records; to provide information to be contained in said Statement; to provide for reporting of large contributions; to provide for consequences for failure to file or for false or incomplete filing of a Statement of Campaign Contributions and Expenditures; to provide for amendments to said Statement; 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 GEOR GIA:

Section 1. Short Title. This Act shall be known and may be cited as the "1974 Public Campaign Contribution Disclosure Act".

Section 2. Purpose. The General Assembly, recognizing that our system of representative government is largely dependent upon the trust and confidence of the citizens, finds and declares that the people have a right to know that the campaign finances of candidates for pub lic office present no conflict with the public trust. It is the purpose of this Act to promote the continued trust and confidence of the citizens of Georgia in the integrity of their public officers.

Section 3. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or phrases shall have the meaning stated:
(a) "Candidate" means any person who seeks election to the Gen eral Assembly or any statewide constitutional office, whether by means of election, nomination in a primary, nomination petition, nomination convention, write-in campaign or otherwise. Such person shall become a candidate at the time he files notice of his candidacy, or at the time he qualifies as a write-in candidate, whichever event occurs first in time.

(b) "Commission" means the State Campaign Ethics Commission.

(c) "Contribution" shall mean and include gifts, donations, hono rariums, forgiveness of debt, and any money or other thing of value (in cluding, but not limited to, advertising, entertainment, fund raising events, printing, postage, speaking engagements and transportation) not considered as income, valued at $100.00 or more. Where separate contributions of less than $100.00 are received from members of the same family, they shall be aggregated annually for reporting purposes. Furnishing ordinary home hospitality and personal services and ex penses of volunteer campaign workers shall not be considered contribu
tions.

FRIDAY, FEBRUARY 8, 1974

793

(d) "Elective State office" means any elections involving General Assembly members or statewide constitutional officers.

Section 4. State Campaign Ethics Commission. There is hereby created the State Campaign Ethics Commission consisting of five mem bers. One member shall be appointed by the Governor, one shall be ap pointed by resolution of the Senate, and one shall be appointed by resolution of the House of Representatives. The three members thus appointed shall meet, and by majority vote, appoint two other members who shall not be members of the same political party, and one of the five members shall be elected by the commission members to serve as chairman. No person holding public office or employment, and no per son formerly holding public office or employment within the past two years, shall be a member of the Commission. All members must be con firmed by the Senate. Terms of members shall be five years, except that, of the initial members, the Governor's appointee shall have a term ending the third Monday in February, 1975; the first appointee selected by the three commission members shall have a term ending the third Monday in February, 1976; the second appointee selected by the three commission members shall have a term ending the third Monday in February, 1977; the appointee of the House of Representatives shall have a term ending the third Monday in February, 1978; and the ap pointee of the Senate shall have a term ending the third Monday in February, 1979. Each member shall hold office until his successor is ap pointed and qualified. A vacancy shall be filled in the same manner as the appointment for which the vacancy exists was made.

Section 5. Compensation. Members of the Commission shall receive the same compensation and benefits which are established by the Gen eral Assembly for the Boards and Commissions subject to recommenda tions of the State Commission on Compensation.

Section G. Meetings. The Commission shall meet at the call of the Chairman or upon the written request of any two of the members. Three members of the Commission constitute a quorum. No action shall be taken by the Commission without the concurrence of at least three of its members.

Section 7. Duties and Powers. The Commission shall have the fol lowing duties and powers:
(a) The Commission shall make rules as arc necessary to admin ister this Act and to carry out its duties under this Act.

(b) The Commission shall receive and review documents filled with it, and shall make such documents available for review by any interested citizen of this State.

(c) Upon request from the appropriate prosecutorial officers of any State court, the Commission shall make such documents available to the appropriate prosecutorial officers of any State court.
(d) The Commission annually shall make a report to the General

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JOURNAL OF THE SENATE,

Assembly covering its activities and recommending legislation to improve public confidence in government.

Section 8. Public Inspection, (a) All documents relating to cam paign receipts and expenditures required to be filed with the Commis sion under this Act and all reports of contributions filed pursuant to this Act shall be open to reasonable public inspection. The Commission shall provide by rule for the time, place and manner of inspection.

Section 9. Appropriations. The reasonable and necessary expenses of the Commission shall be made available from funds appropriated for the use of the General Assembly.

Section 10. Statement of Contributions Received. The Statement of Contributions Received after the effective date of this Act shall disclose the source and amount of all contributions which exceed the amounts of $500.00 in a General Assembly election and $2,000.00 in a statewide constitutional officer election.

Section 11. Certificate of Filing. The Commission shall forthwith issue a certificate of filing to the person filing the Statements.

Section 12. Amendment of Statements. The Commission may, for good cause shown, permit Statements to be amended so as to make such Statements true and complete, which amendment may be retroactive if the Commission determines that the circumstances justify retroactive application. The Commission may provide forms for the Statements re quired by this Art.

Section 13. Records. The financial records of the campaign shall be retained by the candidate until the end of the term of office the candi date was seeking.

Section 14. Reporting Times. Each candidate shall file a sworn Statement of Campaign Contributions and Expenditures with the Com mission 28 days before and 14 days after each primary and each elec tion (not including runoffs), and on January 5 and July 5 of the year following the election.

Section 15. Reporting Information. The Statement of Campaign Contributions and Expenditures shall cover the period of his candidacy, as set forth herein, shall be current to within 48 hours of the date of filing, shall be on forms prescribed by the Commission, and shall con tain the following:

(a) the total amount of contributions, gifts, donations and other things of value regardless of amount received during the period;

(b) a list of the names and addresses of all persons who contrib uted amounts in excess of those set forth in Section 10 above, and the amount contributed by each such person;

FRIDAY, FEBRUARY 8, 1974

795

(c) the amount and nature of assets and liabilities at the close of the period;

(d) the total expenditures;

(e) an itemized list of expenditures indicating for each expendi ture of $100.00 or more:

(1) the name and address of the recipient of the expenditure, and
(2) the nature of the expenditure.
Section 16. Reporting Large Contributions. Each candidate shall report to the Commission by telegram on the day of receipt or the fol lowing day, each contribution in excess of $2,000.00, or an accumulation of contributions from members of the same family in excess of $2,000.00, received within 30 days preceding or following any primary or election.
Section 17. False or Incomplete Filing. Any candidate who know ingly files a false or incomplete Statement of Campaign Contributions and Expenditures, or who knowingly fails to comply with the require ments of this Act, shall, upon conviction, be subject to removal from office; a fine of up to $10,000.00, and imprisonment for up to one year; or any combination or all of the foregoing.
Section 18. Amendments. The Commission may, for good cause shown, permit a Statement of Campaign Contributions and Expendi tures to be amended so as to make such statement true and complete, which amendment may be retroactive if the Commission determines that the circumstances justify retroactive application.
Section 19. Severability. In the event any section, subsection, sen tence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitu tional 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 he declared or adjudged invalid or unconstitutional.

Section 20. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval.

Section 21. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Sutton of the 9th moved that Senate action on SB 454 be postponed until Monday, February 11, 1974.

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JOURNAL OF THE SENATE,

Senator Garrard of the 37th moved that Senate action on SB 454 be postponed until 2:00 o'clock P. M. February 8, 1974.

The President stated that the motion offered by Senator Sutton takes precedence.

On the motion to postpone until Monday, February 11, 1974, 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:

Barker Carter Cleland Coverdell Eldridge Garrard

Hamilton Herndon Holloway Howard Jackson Rowan

Smalley Sutton Ward Wasden Webb Young

Those voting in the negative were Senators:

Ballard Bell Broun of 46th Brown of 47th Coggin Cox Dean Doss Duncan Fincher Gillis Henderson Hill

Holley Hudgins Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

All Senators were voting.

Reynolds Riley Salter Skene Smith Starr Stephens Summers Thompson Tysinger Warren Zipperer

On the motion, the ayes were 18, nays 38; the motion was lost, and SB 454 was not postponed until Monday, February 11, 1974.

On the motion offered by Senator Garrard of the 37th to postpone action on SB 454 until 2:00 o'clock P. M. February 8, Senator Gillis of the 20th called for the ayes and nays, and the call was sustained.

FRIDAY, FEBRUARY 8, 1974

797

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Cleland Coverdell Doss Eldridge Garrard

Hamilton Herndon Holloway
Howard Parker Rowan Smalley

Sutton Tysinger Ward Wasden Webb Young

Those voting in the negative were Senators:

Ballard
Broun of 46th Brown of 47th Carter Coggin Cox Dean Duncan Fincher Gillis Henderson Hill

Holley Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore

Overby Reynolds Riley Salter Skene Smith Starr Stephens Summers Thompson Warren Zipperer

All Senators were voting.

On the motion, the ayes were 20, nays 36; the motion was lost, and SB 454 was not postponed until 2:00 o'clock P.M. February 8, 1974.

Senator Herndon of the 10th offered the following amendment:
Amend the committee substitute to SB 454 by adding on line 2 of Page 3 before the word ''personal" the word "volunteer";
and
by adding on line 2 of Page 3 before the word "expenses" the word "inci dental";
and
by deleting on line 2 of Page 3 the word "of" and substituting in lieu thereof the words "paid by".

798

JOURNAL OF THE SENATE,

On the adoption of the amendment to the committee substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Carter Cleland Coverdell Doss

Eldridge Hamilton Herndon Holloway Howard Jackson Rowan

Smalley Button Tysinger Warren Wasden Webb Young

Those voting in the negative were Senators:

Broun of 46th Brown of 47th Coggin Cox Dean Duncan Fincher Gillis Henderson
Hill Holley Hudgins

Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Salter Skene Smith Starr Stephens Summers Thompson Ward Zipperer

Not voting was Senator Garrard.

On the adoption of the amendment to the committee substitute, the ayes were 21, nays 34, and the amendment offered by Senator Herndon of the 10th was lost.

Senators Warren of the 43rd and Reynolds of the 48th offered the followingamendment:
Amend the committee substitute to SB 454 by deleting on Page 5, line 11, "$500.00" and substituting therefor "$250.".
And by deleting on Page 5, line 12, "$2,000.00" and substituting therefor "$500.00".

On the adoption of the amendment to the committee substitute, the President ordered a roll call, and the vote was as follows:

FRIDAY, FEBRUARY 8, 1974

799

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Carter Cleland Coverdell Doss Eldridge Garrard

Hamilton Herndon Hill Holloway Howard Jackson Langford Moore Overby Parker

Reynolds Rowan Salter Smalley Sutton Tysinger Ward Warren Wasden Webb

Those voting in the negative were Senators:

Coggin Cox Dean Duncan Fincher Gillis Henderson Holley

Hudgins Johnson Kennedy Kidd Lester London McDuffie McGill

Riley Skene Smith Starr Stephens Summers Thompson Zipperer

Not voting were Senators Brown of the 47th and Young.

On the adoption of the amendment to the committee substitute, the ayes were 30, nays 24, and the amendment offered by Senators Warren of the 43rd and Reynolds of the 48th was adopted.

Senator Cleland of the 55th offered the following amendment:
Amend the committee substitute to SB 454 by striking in its entirety subsection (a) of Section 3, beginning on line 12 of Page 2, and insert ing-in lieu thereof a new subsection (a) to read as follows:
"(a) 'candidate' means an individual who has taken affirmative action to seek nomination or election to any of the following public offices: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commis sioner of Agriculture, Commissioner of Labor, Public Service Com missioner, member of the General Assembly, Justice of the Su preme Court, Judge of the Court of Appeals, Judge of the Superior Court and District Attorney."
By adding in subsection (c) on line 25, immediately preceding the symbols and word "contribution", the following "(1)", and adding at the end of subsection (c) the following new paragraphs:

800

JOURNAL OF THE SENATE,

"(2) 'Expend' and 'expenditure' means any advance, convey ance, deposit, distribution, transfer of funds, loan, payment, gift, pledge or subscription of money or anything of value, and any contract, agreement, promise or other obligation, whether or not le gally enforceable, to make an expenditure, in support of a candi date; but do not include services by speakers, writers, publishers or others for which no compensation is asked or given.

(3) 'Election' means:

(i) any primary election, including any primary runoff election and any convention or caucus of a political party held to nominate a candidate; or

(ii) any general election, including any general election runoff elections."

By adding between Sections 3 and 4, after line 6 on Page 3, a new Section to be designated Section 3A to read as follows:

"Section 3A. No candidate or person acting on his behalf shall make or authorize any expenditure that will cause the total amount expended in support of that candidate to exceed, with respect to a single election, the total compensation that would be payable during the entire term of the office that the candidate seeks."

On the adoption of the amendment to the committee substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Carter Cleland

Eldridge Herndon Howard Parker

Rowan Sutton Wasden Webb

Those voting in the negative were Senators:

Barker Broun of 46th Brown of 47th Coggin Coverdell Cox Dean Doss Duncan Fincher Garrard

Gillis Hamilton Henderson Hill Holley Hudgins Jackson Johnson Kennedy Kidd Langford

Lester London McDuffie McGill Moore Overby Riley Salter Skene Smalley Smith

Starr Stephens Summers

FRIDAY, FEBRUARY 8, 1974

801

Thompson Tysinger Ward

Warren Young Zipperer

Not voting were Senators Holloway and Reynolds.

On the adoption of the amendment to the committee substitute, the ayes were 12, nays 42, and the amendment offered by Senator Cleland of the 55th was lost.

Senator Smalley of the 28th offered the following amendment:
Amend the committee substitute to SB 454 by inserting in the title in line 19 on Page 1 between the word "contributions;" and the word "to" the following:
"to provide for statements of economic interests;".
By adding a new paragraph at the end of Section 2 to read as follows:
"The General Assembly recognizes further that the financial interests of public office holders and candidates will, as they should, be greatly diversified. The General Assembly further recognizes that the ingenuity, aided by hindsight, of a person bent on circum venting the laws, is greater than the foresight of this Assembly to forecast and prohibit such conduct. For these reasons, the State Ethics Commission, hereinafter created, has been granted flexible powers."
By inserting a new subsection at the end of Section 3 to be desig nated subsection (e) and to read as follows:
"(e) 'Key officers and employees' means all appointed State office holders and employees who (1) are subject to confirmation by the Senate or (2) serve on boards or commissions created by act of the General Assembly, or (3) receive $20,000 or more in salary from the State, or (4) exercise personal discretion in, or signifi cantly influence, decisions affecting the public or any person sub ject to their jurisdiction, when so determined by the Commission after notice and hearing."
By inserting in subsection (b) of Section 7, on line 18, Page 4, be tween the word "documents" and the word "available", the following:
", except statements of economic interests,".
By striking the period at the end of subsection (b) of Section 7, on line 20, Page 4, and inserting the following:

802

JOURNAL OF THE SENATE,

"; statements of economic interests, nevertheless, may be disclosed pursuant to lawful subpoena from a grand jury or other official body investigating misconduct."

By redesig-nating subsection (d) of Section 7 as subsection (e) thereof and by adding a new subsection (d) of Section 7 to read as follows:

"(d) Whenever the Commission deems necessary, it shall con fer with any person who files a statement of economic interest pur suant to Section 16 of this Act to investigate the relationship be tween the information provided by said statement of economic in terest and such person's public responsibility, and shall have the right to require such further disclosure as it shall deem appro priate."
By striking from lines 11 and 12 on Page 5 the following: "$500.00" and "$2,000.00" and inserting in lieu thereof the following: "$250.00" and "$500.00", respectively.
By renumbering Section 17 as Section 18 and by adding a new Section 17 to read as follows:
"Section 17. Statements of economic interests, (a) Each elec tive State officer and each key officer or employee shall file a statement of economic interests with the Commission on a form prescribed by the Commission. The statement of economic interests shall be filed within 30 days after taking office or within 30 days after the effective date of this Act as to those elective State officers or key officers or employees holding office or employed on the ef fective date of this Act. The person filing the statement of eco nomic interests shall supply the following information:
(1) The identity, by name, of all offices and directorships, held by him or a member of his household;.
(2) A caption description of all real estate in the State in which he or a member of his household has any interest, direct or indirect, including an option to buy;
(3) The name of each business in which he or a member of his household has a financial interest, and the nature and category of such interest;

(4) The source, by category, of any income, including capital gains, whether or not taxable, received by him or a member of his household during the preceding year;

(5) A list of businesses with which he is associated that do business with or are regulated by the State; and

(6) A list of all matters in which the State or any public of-

FRIDAY, FEBRUARY 8, 1974

803

ficial or executive agency is a party in which he represented a client, or customer, for a fee or other compensation of $1,000.00 or more, or for any other consideration having a value of $1,000.00 or more, the name of each such client, or customer, the amount of each fee, and a description of the matter involved.

(b) Each person who is required to file a statement of eco nomic interests under this Act shall file annually an updating statement at the office of the Commission and on a form pre scribed by the Commission within ninety (90) days frqm the first day of the calendar year following the year in which this Act be comes effective."

By inserting in line 2 on Page 7 between the word "candidate" and the word "who" the following:

", or person required to file a statement of economic interests pursuant to Section 17 of this Act,".

By inserting in line 3 on Page 7 between the word "Expenditures" and the word "or" the following words:

"or a statement of economic interests,".

By renumbering Sections 18 through 21 as Sections 19 through 22, respectively.

On the adoption of the amendment to the committee substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Carter Cleland Coverdell Dean Doss Eldridge

Garrard Hamilton Herndon Holloway Howard Langford Parker Rowan Smallev

Starr Sutton Thompson Tysinger Ward Warren Wasden Webb

Those voting in the negative were Senators:

Broun of 46th Brown of 47th Coggin Cox Duncan

Fincher Gillis Henderson Hill Hollev

Hudgins Jackson Johnson Kennedv Kidd

804
Lester London McDuffie McGill Moore

JOURNAL OF THE SENATE,

Overby Reynolds Riley Salter Skene

Smith Stephens Summers Young Zipperer

All Senators were voting.

On the adoption of the amendment, the ayes were 26, nays 30, and the amendment offered by Senator Smalley of the 28th was lost.

Senator Rowan of the 8th offered the following amendment:
Amend the committee substitute to SB 454 by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows:
"No candidate or prospective candidate shall accept any con tribution larger than $250.00 from individuals and no more than $500.00 from groups. The complete list of all contributors shall be made available upon request."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Carter Cleland Eldridge

Garrard Herndon Holloway Howard Rowan

Sutton Wasden Webb Young

Those voting in the negative were Senators:

Barker Broun of 46th Brown of 47th Coggin
Coverdell Cox Dean Doss Duncan Fincher

Gillis Hamilton Henderson Hill
Holley Hudgins Jackson Johnson Kennedy Kidd

Langford Lester London McDuffie
McGill Overby Parker Reynolds Riley Salter

Skene Smalley Smith Starr

FRIDAY, FEBRUARY 8, 1974

805

Stephens Summers Thompson Tysinger

Ward Warren Zipperer

Not voting was Senator Moore.

On the adoption of the amendment, the ayes were 14, nays 41, and the amend ment offered by Senator Rowan of the 8th was lost.

Senator Holloway of the 12th offered the following amendment:
Amend the committee substitute to SB 454 by adding on line 22 of Page 1 immediately preceding the words
"to provide for"
the words:
"to provide for the disposition of anonymous contributions;"
and by inserting a new section following Section 18 to be designated as Section 19, and by renumbering the subsequent sections accord ingly, the said new Section 19 to read as follows:
"Section 19. Anonymous Contributions. Anonymous contribu tions are prohibited when a person subject to the provisions of this Act receives contributions and is unable to report the name of the donor as required under the provisions of this Act, such contribu tions to be transmitted to the Director of the Fiscal Division of the Department of Administrative Services for deposit in the State Treasury, and the fact of such contribution and transmittal shall be reported to the Commission."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Carter Cleland Eldridge

Garrard Herndon Holloway Jackson Parker Rowan

Smalley Sutton Warren Wasden Webb

806

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Broun of 46th Brown of 47th Coggin Coverdell Cox Dean Doss Duncan Fincher Gillis Hamilton Henderson Hill

Holley Howard Hudgins Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Reynolds Riley Salter Skene Smith Starr Stephens Summers Thompson Tysinger Ward Young Zipperer

All Senators were voting.

On the adoption of the amendment, the ayes were 17, nays 39, and the amendment offered by Senator Holloway of the 12th was lost.

Senator Holloway of the 12th offered the following amendment:
Amend the committee substitute to SB 454 by adding on line 1 of Page 3 following the word
"purposes."
the following sentence:
"Where separate contributions of less than $100.00 are received from officers, members or employees of a corporation, partnership or other business entity, they shall be aggregated annually for report ing purposes."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Carter Cleland

Doss Eldridge Garrard Hamilton Herndon

Holloway Howard Jackson Langford Parker

FRIDAY, FEBRUARY 8, 1974

807

Rowan Smalley Sutton

Ward Warren Wasden

Webb Young

Those voting in the negative were Senators:

Broun of 46th Brown of 47th Coggin Coverdell Cox Dean Duncan Fincher Gillis Henderson Hill

Holley Hudgins Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby

Reynolds Riley Salter Skene Smith Starr Stephens Summers Thompson Tysinger Zipperer

All Senators were voting.

On the adoption of the amendment, the ayes were 23, nays 33, and the amendment offered by Senator Holloway of the 12th was lost.

Senator Holloway of the 12th offered the following amendment:
Amend the committee substitute to SB 454 by adding on line 22 of Page 1 immediately preceding the words
"to provide for"
the words:
"to prohibit certain business transactions by State officers and em ployees; to define conflict of interest in business transactions; to provide for rulings by the Commission;"
and by inserting a new section following Section 18 to be designated as Section 19, and by renumbering the subsequent sections accordingly, the said new Section 19 to read as follows:
"Section 19. Business Transactions Prohibited, (a) No State elective officer, appointed officer or employee shall, directly or indirectly, or through another person or business, conduct any busi ness transaction with the State unless and until such officer or employee shall apply to and satisfy the Commission, after hearing, that such transaction does not constitute a conflict of interest or misuse of public trust.

808

JOURNAL OF THE SENATE,

(b) No State elective officer, appointed officer or employee shall, directly or indirectly, or through another person or business, conduct any business transaction with any business regulated by or doing business with such officer or employee in his official capacity unless and until such officer or employee shall apply to and satisfy the Commission, after hearing, that such transaction does not con stitute a conflict of interest or misuse of public trust.

(c) For purposes of this Section, a conflict of interest in a busi ness transaction arises when that individual realizes or has the opportunity to realize, either directly or indirectly, a pecuniary profit from the transaction and that individual is in a position or has the opportunity to assume a position of control or influence over either the securing or the performance of the transaction. In determining whether a transaction constitutes a conflict of interest or misuse of public trust, the Commission shall examine the laws and court decisions of this State.

(d) If satisfied that no conflict of interest or misuse of public trust exists, the Commission shall issue a certificate authorizingthe business transaction. For good cause shown, the Commission may issue a retroactive certificate of authorization. No State offi cer or employee shall approve or pay for any transaction prohibited by this Section, except upon receipt of such authorizing certificate."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Carter Cleland Coverdell Doss Eldridge

Garrard Hamilton Herndon Holloway Howard Jackson Langford Parker

Rowan Smalley Sutton' Tysinger Ward Warren Wasden Webb

Those voting in the negative were Senators:

Broun of 46th Brown of 47th Coggin Cox Dean Duncan Fincher Gillis

Henderson Hill Holley Hudgins Johnson Kennedy Kidd Lester

London McDuffie McGill Moore Overby Reynolds Riley Salter

Skene Smith Starr

FRIDAY, FEBRUARY 8, 1974

809

Stephens Summers Thompson

Young Zipperer

All Senators were voting.

On the adoption of the amendment, the ayes were 24, nays 32, and the amendment offered by Senator Holloway of the 12th was lost.

Senator Holloway of the 12th offered the following amendment:
Amend the committee substitute to SB 454 by adding on line 22 of Page 1 immediately preceding the words
"to provide for"
the following words
"to provide for disclosure of gifts received by candidates, State officers and employees;"
and by inserting a new section following Section 18 to be designated as Section 19, and by renumbering the subsequent sections accordingly, the said new Section 19 to read as follows:
"Section 19. Disclosure of Gifts. All State elective officers, candidates, appointed State officials and employees who receive a salary in excess of $20,000.00 per annum, shall file a sworn state ment of gifts received with the Commission on forms provided by the Commission. The statement of gifts received shall disclose the source and amount of all gifts, gratuities and contributions which exceed the amount of $100.00. The statement of gifts received shall be filed annually between January 1st and February 1st of each year and shall disclose all such gifts received during the preceding twelve (12) months. Gifts to be reported shall include donations, honorariums, forgiveness of debt, and any money or other thing of value (including, but not limited to, advertising, entertainment, fund raising events, printing, postage, speaking engagements and trans portation) not considered as income, valued at $100.00 or more."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Carter

Cleland Coverdell Doss

Eldridge Garrard Hamilton

810
Herndon Holloway Howard Jackson Langford

JOURNAL OF THE SENATE,

Parker Rowan Smalley Sutton Tysinger

Ward Warren Wasden Webb Young

Those voting in the negative were Senators:

Barker Broun of 46th Brown of 47th Coggin Cox Dean Duncan Fincher Gillis Henderson Hill

Holley Hudgins Johnson Kennedy " Kidd Lcster London McDuffie McGill Moore Overby

Reynolds Riley Salter Skene Smith Starr Stephens Summers Thompson Zipperer

All Senators were voting.

On the adoption of the amendment, the ayes were 24, nays 32, and the amendment offered by Senator Holloway of the 12th was lost.
Senator Smalley of the 28th offered the following amendment:
Amend the committee substitute to SB 454 by inserting in the title in line 19 on Page 1 between the word "contributions;" and the word "to" the following:
"to provide for statements of economic interests;".
By adding a new paragraph at the end of Section 2 to read as follows:
"The General Assembly recognizes further that the financial in terests of public office holders and candidates will, as they should, be greatly diversified. The General Assembly further recognizes that the ingenuity, aided by hindsight, of a person bent on circum venting the law, is greater than the foresight of this Assembly to forecast and prohibit such conduct. For these reasons, the State Ethics Commission, hereinafter created, has been granted flexible powers."
By inserting a new subsection at the end of Section 3 to be desig nated subsection (e) and to read as follows:

FRIDAY, FEBRUARY 8, 1974

811

"(e) 'Key officers and employees' means all appointed State office holders and employees who (1) are subject to confirmation by the Senate, or (2) serve on boards or commissions created by act of the General Assembly, or (3) receive $20,000 or more in sal ary from the State."

By inserting in subsection (b) of Section 7, on line 18, Page 4, between the word "documents" and the word "available", the following:

", except statements of economic interests,".
By striking the period at the end of subsection (b) of Section 7, on line 20, Page 4, and inserting the following:
"; statements of economic interests, nevertheless, may be disclosed pursuant to lawful subpoena from a grand jury or other official body investigating misconduct, but shall otherwise be con fidential."
By redesignating subsection (d) of Section 7 as subsection (e) thereof and by adding a new subsection (d) of Section 7 to read as follows:
"(d) Whenever the Commission deems necessary, it shall confer with any person who files a statement of economic interest pursuant to Section 16 of this Act to investigate the relationship between the information provided by said statement of economic interest and such person's public responsibility, and shall have the right to require such further disclosure as it shall deem necessary to determine whether a conflict of interest exists."
By striking from lines 11 and 12 on Page 5 the following: "$500.00" and '$2,000.00" and inserting in lieu thereof the following: "$250.00" and "$500.00", respectively.
By renumbering Section 17 as Section 18 and by adding a new Section 17 to read as follows:

"Section 17. Statements of economic interests, (a) Each elective State officer and each key officer or employee shall file a statement of economic interests with the Commission on a form prescribed by the Commission. The statement of economic interests shall be filed within 30 days after taking office or within 30 days after the effective date of this Act as to those elective State officers or key officers or em ployees holding office or employed on the effective date of this Act. The person filing the statement of economic interests shall supply the following information:

(1) The identity, by name, of all offices and directorships, held by him or a member of his household;
(2) A caption description of all real estate in the State in

812

JOURNAL OP THE SENATE,

which he or a member of his household has any interest, direct or indirect, including an option to buy;

(3) The name of each business in which he or a member of his household living at home has a financial interest, and the nature and category of such interest;

(4) The source, by category, of any income, including- capital gains, whether or not taxable, received by him or a member of his household during the preceding year;

(5) A list of businesses with which he is associated that do business with or are regulated by the State; and

(6) A list of all matters in which the State or any public official or executive agency is a party in which he represented a client, or customer, for a fee or other compensation of $1,000.00 or more, or for any other consideration having a value of $1,000.00 or more, the name of each such client, or customer, the amount of each fee, and a description of the matter involved.

(b) Each person who is required to file a statement of economic interests under this Act shall file annually an updating statement at the office of the Commission and on a form prescribed by the Commission within ninety (90) days from the first day of the calendar year fol lowing the year in which this Act becomes effective."

By inserting in line 2 on Page 7 between the word "candidate" and the word "who" the following:

", or person required to file a statement of economic interests pursuant to Section 17 of this Act,".

By inserting in line 3 on Page 7 between the word "Expenditures" and the word "or" the following words:

"or a statement of economic interests,".

By renumbering Sections 18 through 21 as Sections 19 through 22, respectively.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Carter

Cleland Coverdell Doss

Eldridge Garrard Hamilton

FRIDAY, FEBRUARY 8, 1974

813

Herndon Holloway Howard Langford Parker

Rowan Smalley Starr Button Tysinger

Ward Warren Wasden Webb Young

Those voting in the negative were Senators:

Ballard Broun of 46th
Brown of 47th Coggin Cox Dean Duncan Fineher Gillis Henderson Hill

Holley Hudgins
Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore

Overby Reynolds Riley Salter Skene Smith Stephens Summers Thompson Zipperer

All Senators were voting.

On the adoption of the amendment, the ayes were 24, nays 32, and the amend ment offered by Senator Smalley of the 28th was lost.

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Brown of 47th Coggin Coverdell Cox Dean Doss Duncan Fineher Garrard Gillis Henderson Hill Holley Howard

Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Salter Skene Smalley Smith Starr Stephens Summers Thompson Tysinger Ward Warren Young Zipperer

814

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Ballard Bell Broun of 46th Carter Cleland

Eldridge Hamilton Herndon Holloway

Rowan Button Wasden Webb

All Senators were voting.

On the adoption of the substitute, the ayes were 43, nays 13, and the com mittee 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Pincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Starr Stephens
Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

All Senators were voting.

On the passage of the bill, the ayes were 56, nays 0.

FRIDAY, FEBRUARY 8, 1974

815

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

Senator Holley of the 22nd moved that SB 454 be immediately transmitted to the House.
On the motion, the ayes were 44, nays 4; the motion prevailed, and SB 454 was immediately transmitted to the House.

Senator Johnson of the 38th moved that the following bill of the House be withdrawn from the Committee on County and Urban Affairs and recommitted to the Committee on Judiciary:

HB 205. By Mr. Alexander of the 38th:
A bill to authorize service outside the corporate limits of any city by certain city employees of certain city process, summons and other de partmental documents.

On the motion, the ayes were 39, nays 0; the motion prevailed, and HB 205 was withdrawn from the Committee on County and Urban Affairs and recom mitted to the Committee on Judiciary.

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

HB 1304. By Mr. Buck of the 87th and others:
A bill to amend an Act providing a supplement to the salary of the Dis trict Attorney of the Chattahoochee Judicial Circuit, so as to delete therefrom the limitations upon the amount of the supplement specified.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox

816
Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard

JOURNAL OF THE SENATE,

Hudgins Jackson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds Riley Rowan

Salter Skene Smalley Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Johnson

London Smith

Summers

On the passage of the bill, the ayes were 51, nays 0.

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

SB 547. By Senator Moore of the 56th:
A bill to amend Code Section 79A-808, relating to prescription, admin istration, and dispensation of narcotic drugs, so as to require an appro priate physical examination before a narcotic drug is prescribed for any person.

The Committee on Health and Welfare offered the following amendment:
Amend SB 547 by inserting on Page 1, line 8, between the words "of" and "narcotic" the following:
"Class II".
By striking on Page 1, line 14, the word "conduct" and inserting in lieu thereof the following:
"have conducted in the previous five years".

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

FRIDAY, FEBRUARY 8, 1974

817

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Langford Lester McGill Moore Overby Parker Reynolds Rowan

Salter Skene Smalley Smith Starr Stephens Summers
Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Barker Cleland Garrard

Kidd London

McDuffie Riley

On the passage of the bill, the ayes were 48, nays 1.

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

Senator Coggin of the 35th resumed the Chair.

SB 573. By Senator Hill of the 29th:
A bill to regulate the practice of orthotics and prosthetics; to provide for a short title; to define certain terms; to provide for a Board of

818

JOURNAL OF THE SENATE,

Orthotists and Prosthetists; to provide for the appointment of the mem bers of the board by the Governor; to provide for qualifications, terms, powers and duties of the members of the board; to provide for the edu cational training and qualifications of applicants.

Senator Hill of the 29th offered the following1 amendment:

Amend SB 573 by striking Section 6 beginning1 on Page 5, line 25 and ending on Page 6, line 18 in its entirety.

On the adoption of the amendment, the ayes were 29, nay 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 Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton Henderson Herndon

Hill Holley Howard Hudgins Johnson Kennedy McGill Moore Overby Parker Reynolds Riley Rowan Salter

Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Broun of 46th Cleland Coggin (presiding) Fincher

Holloway Jackson Kidd Langford

Lester London McDuffie Ward

On the passage of the bill, the ayes were 43, nays 0.

FRIDAY, FEBRUARY 8, 1974

819

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

Senator Holley of the 22nd 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.

820

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Monday, February 11, 1974

The Senate met pursuant to adjournment at 10:00 o'clock A. M. today, and was called to order by the President Pro Tempore, Senator Gillis of the 20th.

Senator Young of the 13th reported that the journal of Friday's proceedings had been read and found correct.

Senator Stephens of the 36th moved that the Senate reconsider its action of Friday in defeating the following bill of the Senate:

SB 294. By Senator Stephens of the 36th:
A bill to create the State Board of Examiners of Power Engineers; to provide for a short title.

On the motion to reconsider, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Carter Coverdell Dean Doss Duncan Hamilton Henderson Hill

Holley Kennedy
Lester London Moore Overby Parker Riley Skene Smalley

Those voting in the negative were Senators:

Broun of 46th Brown of 47th Eldridge

Garrard Holloway Reynolds

Those not voting were Senators:

Barker Cleland Coggin

Cox Fincher Gillis (presiding)

Smith Starr Stephens Thompson Tysinger Ward Warren Wasden Young
Rowan Sutton
Herndon Howard Hudgins

MONDAY, FEBRUARY 11, 1974

821

Jackson Johnson Kidd Langford

McDuffie McGill Salter

Summers Webb Zipperer

On the motion, the ayes were 29, nays 8; the motion prevailed, and SB 294 was placed on the Senate Calendar.

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

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 1771. By Mr. Vaughn of the 57th:
A bill to provide for the payment of taxes in two equal installments in certain counties of this State and in all municipalities located in such counties.

HB 1789. By Messrs. Morgan of the 70th and Carrell of the 71st:
A bill to amend an Act creating the Alcovy Judicial Circuit, so as to change the provisions relating to grand juries.

HB 1791. By Mr. Irwin of the 113th:
A bill to amend an Act creating' a board of commissioners for Terrell County, so as to change the provisions relating to the location of the office of the board of commissioners.

HB 1792. By Mr. Irwin of the 113th:
A bill to abolish the present mode of compensating the Clerk of the Su perior Court of Terrell County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1793. By Mr. Irwin of the 113th:
A bill to provide a new charter for the Town of Sasser; to provide that this Act shall repeal and replace the charter provided by an Act ap proved December 29, 1890.

822

JOURNAL OF THE SENATE,

HB 1795. By Mr. Shanahan of the 7th:
A bill to amend an Act abolishing the fee system of compensating the tax commissioner of Gordon County and establishing in lieu thereof an annual salary, so as to change the provisions relative to the compen sation of said officer.

HB 1802. By Messrs. McCracken and Lewis of the 77th:
A bill to amend an Act establishing a new charter for the City of Louis ville, so as to extend the corporate limits of said city.

HB 1803. By Messrs. McCracken and Lewis of the 77th: A bill to repeal and replace the charter of the Town of Bartow, so as to create a new charter for said town.
HB 1814. By Messrs. Walker of the 100th and Grahl of the 88th: A bill to amend an Act creating a Board of Commissioners for Macon County, so as to change the compensation of the board of commissioners.
HB 1818. By Mr. Vaughn of the 57th: A bill to amend an Act providing that the governing authority of any municipality located wholly within certain counties may not rezone or otherwise change the zoning status of land which it has theretofore annexed for a period of 12 months from the date such annexation be came effective, so as to clarify the time within which an application for rezoning may be resubmitted for consideration.
HB 1325. By Messrs. Adams of the 36th and Smith of the 74th: A bill to amend an Act relating to the arrest of persons accused of violating any law or ordinance governing the operation, licensing, regis tration, maintenance and inspection of motor vehicles, so as to provide that a law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance, and inspection of motor vehicles by the issuance of a citation.
HB 1349. By Mr. Lane of the 40th: A bill to amend an Act relative to the taxation of cigars and cigarettes, so as to change the provisions relating to the seizure of property illegally held; to provide that the Commissioner of Revenue may retain certain confiscated conveyances Cor law enforcement use.

MONDAY, FEBRUARY 11, 1974

823

HB 1352. By Messrs. Smith and Adams of the 74th and others:
A bill to amend an Act providing for payment of costs of cases and ex penses of trials involving inmates of the State Prison System, so as to provide for payment by the State Board of Corrections of costs and expenses in certain escape cases and trials.

HB 1373. By Messrs. Carr of the 90th, Collins of the 122nd and others:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to provide that vehicles designed and utilized for spreading agricultural or fertilizer materials may exceed a total outside width of 96 inches when equipped with flotation tires, but not to exceed 112 inches.

HB 1389. By Mr. Sams of the 83rd and others:
A bill to amend Code Section 53-503, providing a wife is a feme sole as to her separate estates, so as to authorize a married woman to act as a surety on bail bonds in criminal cases.

HB 1476. By Mr. Wamble of the 120th:
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 meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1974.

HB 1495. By Mr. Oxford of the 101st:
A bill to amend Code Chapter 92-10, so as to provide for a uniform de termination of fair market value for county and municipal ad valorem property taxation purposes.

HB 1590. By Mr. Greer of the 43rd:
A bill to authorize the State or any county, municipality or other politi cal subdivision to defer an employee's compensation; to authorize the State or any county, municipality or other political subdivision, to use such deferred compensation plan for such employee.

HB 1603. By Messrs. Smith of the 74th, Smith of the 42nd and Adams of the 3Gth:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide that a replacement certificate of title, rather than a duplicate certificate of title, will be issued when the original has been lost, stolen, mutilated, or destroyed, or becomes illegible.

824

JOURNAL OF THE SENATE,

HB 1604. By Messrs. Smith of the 74th and Smith of the 42nd:
A bill to amend the "Motor Vehicle Certificate of Title Act", so as to eliminate the necessity of furnishing a non-neg'otiable copy of a certifi cate of title.

HB 1615. By Mr. Howell of the 118th:
A bill to amend Code Section 34-1002A relating to presidential prefer ence primary dates, so as to establish a procedure for the selection of that date upon which presidential primaries shall be held.

HB 1630. By Messrs. Jordan of the 58th, Davis of the 56th, Burton of the 47th and others:
A bill to amend Code Section 34-1218, relating to the installation, cus tody and number of vote recorders, so as to change the minimum number of vote recorders which shall be required in each polling place using vote recorders.

HB 1632. By Messrs. Edwards of the 95th, Carrell of the 71st and others:
A bill to prohibit certain deceptive advertising and sales practices or techniques in connection with the sale of beef, pork or lamb.

HB 1661. By Mr. Larsen of the 27th: A bill to amend Code Section 59-203, relating to the manner of drawing grand jurors and the number of names that may be drawn, so as to increase from 36 to 60 the maximum numbers of names that may be drawn.
HB 1675. By Messrs. Gignilliat of the 105th, Fraser of the 117th and Moyer of the 99th: A bill to amend an Act reestablishing the Georgia Commission for Na tional Bicentennial Celebration, so as to authorize said Commission to retain the proceeds arising from contracts and leases to be used for the purposes of the Commission.
HB 409. By Mr. Wamble of the 120th: A bill to require the collection and payment of certain taxes on tangible property, other than motor vehicles, in four installments annually.
HB 1109. By Mr. Cole of the 6th: A bill to amend an Act known as the "Georgia Retailers' and Con-

MONDAY, FEBRUARY 11, 1974

825

sinners' Sales and Use Tax Act", so as to increase the interest rate on delinquent taxes.

SB 246. By Senator Stephens of the 36th:
A bill to repeal an Act requiring county authorities in certain counties to specify in any tax levy the percentage number of mills or fractional part thereof levied for each separate purpose.

SB 429. By Senator Thompson of the 32nd:
A bill to amend Code Section 79A-9915, so as to change the penalty provisions relating to possession of marijuana.

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

HR 523. By Messrs. Bohannon and Patterson of the 64th:
A resolution proposing an amendment to the Constitution so as to pro vide that the homestead of residents of the City of Bowdon who are 65 years of age or over and have limited incomes shall be granted a homestead exemption of $6,000 from all ad valorem taxation by said city.

HR 560. By Mr. Beckham of the 82nd: A resolution designating certain highways within the State of Georgia as Blue Star Memorial Highways.
The House has adopted the following resolutions of the House, to-wit:

HR 638. By Messrs. Connell of the 80th. Dent of the 78th, Sams of the 83rd and others:
A resolution commending Honorable Roy V. Harris.

HR 639. By Messrs. Connell of the 80th, Sams of the 83rd and others: A resolution commending Honorable William S. Morris, III.

HR 648. By Messrs. Gignilliat of the 105th, Ellis of the 107th and others:
A resolution requesting the President and the Congress to participate in the fight against diseases of the eye.

826

JOURNAL OF THE SENATE,

The House has disagreed to the Senate amendments to the following bills of the House, to-wit:

HB 773. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
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 change the provisions relating to deputy sheriffs.

HB 883. By Messrs. Smith and Adams of the 74th:
A bill to amend "An Act to place the Ordinary of Upson County upon an annual salary in lieu of the fee system of compensation", so as to increase the compensation of said Ordinary.

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

SB 671. By Senator Howard of the 42nd:
A bill to amend Code Chapter 27-9, relating to bail, as amended, so as to provide for release prior to trial of persons charged with certain offenscs; to provide for conditions of release; to provide for appeal from conditions of release; to provide for release in cases involving certain major crimes and after conviction; to provide penalties for failure to appear.
Referred to Committee on Judiciary.

072. By Senators Starr of the 44th, Young of the 13th, Summers of the 53rd and others:
A bill to provide for an adequate program for education in Georgia; to provide for a short title and for the purpose of said Act; to provide for instructional services; to provide for supportive services; to provide for cooperative education service agencies; to provide for grants to local units of administration for the operation of educational programs.
Referred to Committee on Elementary and Secondary Kducation.

SB 673. By Senator Fincher of the 54th:
A hill to amend the "Georgia Anatomical Gift Act", so as to provide a definition of death.
Referred to Committee on Health and Welfare.

MONDAY, FEBRUARY 11, 1974

827

SB 074. By Senators Cog-gin of the 35th and Garrard of the 37th:
A bill to amend an Act creating the Board of Examiners of Practical Nurses, as amended, so as to provide that the Board of Examiners of Practical Nurses may set reasonable fees for examinations, licensure, and renewal of licenses; to increase the per diem payable to members of the Board of Examiners of Practical Nurses from fifteen dollars per day to twenty-five dollars per day.
Referred to Committee on Health and Welfare.

SB 675. By Senators Coggin of the 35th and Garrard of the 37th:
A bill to amend Code Chapter 84-10, relating to the practice of nursing, as amended, so as to define the practice of nursing; to provide an effec tive date.
Referred to Committee on Health and Welfare.

SB 676. By Senators Coggin of the 35th and Garrard of the 37th:
A bill to amend Code Chapter 84-10, relating to the practice of nursing, as amended, so as to provide that the Board of Examiners of Registered Nurses may establish reasonable fees for examinations, licenses, and renewals of licenses; to lower the minimum age for registration as a graduate nurse from twenty (20) to eighteen (18) years of age; to provide an effective date.
Referred to Committee on Health and Welfare.
SB 677. By Senator Garrard of the 37th:
A bill to regulate the practice of marriage and family counselling in the State of Georgia; to provide for a short title; to provide for declara tion of purpose; to define certain terms: to provide for a Georgia Mar riage and Family Counselor Licensing Board, the appointment of its members and its powers and duties; to authorize certain representations and activities.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SR 354. By Senator Hudgins of the 15th:
A resolution authorizing and directing the State Department of Trans portation to continue design and actual work studies on the West Georgia Tollway.
Referred to Committee on Highways.
SR 355. By Senators Hudgins of the 15th. Dean of the Oth, Carter of the llth and others:
A resolution to amend the Rules of the Senate.
Referred to Committee on Rules.

828

JOURNAL OF THE SENATE,

SR 356. By Senators Riley of the 1st, Cog-gin of the 35th, Fincher of the 54th and others:
A resolution creating the Public Service Commission Study Committee.
Referred to Committee on Rules.

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

HB 1771. By Mr. Vaughn of the 57th:
A bill to provide for the payment of taxes in two equal installments in certain counties of this State (population of not less than 18,100 and not more than 18,250) and in all municipalities located in such counties.
Referred to Committee on County and Urban Affairs.

HB 1789. By Messrs. Morgan of the 70th and Carrell of the 71st:
A bill to amend an Act creating the Alcovy Judicial Circuit, so as to change the provisions relating to grand juries.
Referred to Committee on Judiciary.

HB 1791. By Mr. Irwin of the 113th:
A bill to amend an Act creating a board of commissioners for Terrell County, so as to change the provisions relating to the location of the office of the board of commissioners.
Referi'ed to Committee on County and Urban Affairs.

HB 1792. By Mr. Irwin of the 113th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Terrell County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on Countv and Urban Affairs.

HB 1793. By Mr. Irwin of the 113th:
A bill to provide a new charter for the Town of Sasser; to provide that this Act shall repeal and replace the charter provided by an Act ap proved December 29, 1890.
Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 11, 1974

829

HB 1795. By Mr. Shanahan of the 7th:
A bill to amend an Act abolishing the fee system of compensating the tax commissioner of Gordon County and establishing in lieu thereof an annual salary, so as to change the provisions relative to the compensa tion of said officer.
Referred to Committee on Countv and Urban Affairs.

HB 1802. By Messrs. McCracken and Lewis of the 77th:
A bill to amend an Act establishing a new charter for the City of Louisville, so as to extend the corporate limits of said city.
Referred to Committee on County and Urban Affairs.

HB 1803. By Messrs. McCracken and Lewis of the 77th:
A bill to repeal and replace the charter of the Town of Bartow, so as to create a new charter for said town.
Referred to Committee on County and Urban Affairs.

HB 1814. By Messrs. Walker of the 100th and Grahl of the 88th:
A bill to amend an Act creating a Board of Commissioners for Macon County, so as to change the compensation of the board of commissioners.
Referred to Committee on County and Urban Affairs.

HB 1818. By Mr. Vaughn of the 57th:
A bill to amend an Act providing that the governing authority of any municipality located wholly within certain counties may not rezone or otherwise change the zoning status of land which it has theretofore annexed for a period of 12 months from the date such annexation be came effective, so as to clarify the time within which an application for rezoning may be resubmitted for consideration.
Referred to Committee on County and Urban Affairs.

HB 409. By Mr. Wamble of the 120th: A bill to require the collection and payment of certain taxes on tangible property, other than motor vehicles, in four installments annually.
Referred to Committee on Banking and Finance.
HB 1109. By Mr. Cole of the 6th: A bill to amend an Act known as the "Georgia Retailers' and Con-

830

JOURNAL OF THE SENATE,

sumers' Sales and Use Tax Act", so as to increase the interest rate on delinquent taxes.
Referred to Committee on Banking- and Finance.

HB 1325. By Messrs. Adams of the 36th and Smith of the 74th:
A bill to amend an Act relating1 to the arrest of persons accused of violating any law or ordinance governing- the operation, licensing, regis tration, maintenance and inspection of motor vehicles, so as to provide that a law enforcement officer may arrest persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance, and inspection of motor vehicles by the issuance of a citation.
Referred to Committee on Highways.

HB 1349. By Mr. Lane of the 40th:
A bill to amend an Act relating- to the taxation of cigars and cigarettes, so as to change the provisions relating- to the seizure of property illegal ly held; to provide that the Commissioner of Revenue may retain certain confiscated conveyances for law enforcement use.
Referred to Committee on Banking and Finance.

HB 1352. By Messrs. Smith and Adams of the 74th, Irvin of the 10th and others:
A bill to amend an Act providing for payment of costs of cases and expenses of trials involving inmates of the State Prison System, so as to provide for payment by the State Board of Corrections of costs and expenses in certain escape cases and trials.
Referred to Committee on Penal and Correctional Affairs.

HB 1373. By Messrs. Carr of the 90th, Collins of the 122nd, Nessmith of the 76th and others:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to provide that vehicles designed and utilized for spreading- agricultural or fertilizer materials may exceed a total outside width of 96 inches when equipped with flotation tires, but not to exceed 112 inches.
Referred to Committee on Public Utilities and Transportation.
HB 1389. By Messrs. Sams of the 83rd, Beckham of the 82nd and Snow of the 1st:
A bill to amend Code Section 53-503, providing a wife is a feme sole as to her separate estates, so as to authorize a married woman to act as a surety on bail bonds in criminal cases.
Referred to Committee on Judiciary.

MONDAY, FEBRUARY 11, 1974

831

HB 1476. By Mr. Wamble of the 120th:
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 meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1974.
Referred to Committee on Banking and Finance.

HB 1495. By Mr. Oxford of the 101st:
A bill to amend Code Chapter 92-40, so as to provide for a uniform de termination of fair market value for county and municipal ad valorem property taxation purposes.
Referred to Committee on Banking and Finance.

HB 1590. By Mr. Greer of the 43rd: A bill to authorize the State or any county, municipality or political subdivision to defer an employee's compensation; to provide a tax de ferred compensation plan for such employee.
Referred to Committee on Countv and Urban Affairs.
HB 1603. By Messrs. Smith of the 74th, Smith of the 42nd and Adams of the 36th: A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act'% so as to provide that a replacement certificate of title, rather than a duplicate certificate of title, will be issued when the original has been lost, stolen, mutilated, or destroyed, or becomes illegible.
Referred to Committee on Highways.
HB 1604. By Messrs. Smith of the Tith. Smith of the 42nd and Adams of the 36th: A bill to amend the "Motor Vehicle Certificate of Title Act", so as to eliminate the necessity of furnishing a non-negotiable copy of a certifi cate of title.
Referred to Committee on Highways.

HB 1015. ByMr. HowcllofthellSth:
A bill to amend Code Section 34-1002A relating to presidential prefer ence primary dates, so as to establish a procedure for the selection of that date upon which presidential preference primaries shall be held.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

832

JOURNAL OP THE SENATE,

HB 1630. By Messrs. Davis of the 56th, Burton of the 47th, Jordan of the 58th and others:
A bill to amend Code Section 34-1218, relating- to the installation, cus tody and number of vote recorders, so as to change the minimum number of vote recorders which shall be required in each polling- place using vote recorders.
Referred to Committee on Economy. Reorganization and Efficiency in Government.

HB 1632. By Messrs. Edwards of the 95th, Carrel! of the 71st, Adams of the 14th and Roach of the 8th:
A bill to prohibit certain deceptive advertising and sales practices or techniques in connection with the sale of beef, pork or lamb.
Referred to Committee on Agriculture.

HB 1661. By Mr. Larsen of the 27th:
A bill to amend Code Section 59-203, relating to the manner of drawing grand jurors and the number of names that may be drawn, so as to in crease from 36 to 60 the maximum number of names that may be drawn.
Referred to Committee on Judiciary.

HB 1675. By Messrs. Gignilliat of the 105th, Fraser of the 117th and Moyer of the 99th:
A bill to amend an Act reestablishing the Georgia Commission for Na tional Bicentennial Celebration, so as to authorize said Commission to retain the proceeds arising from contracts and leases to be used for the purposes of the Commission.
Referred to Committee on Appropriations.

HR 523. By Messrs. Bohannon and Patterson of the 64th:
A resolution proposing an amendment to the Constitution so as to pro vide that the homestead of residents of the City of Bowdon who are 65 years of age or over and have limited incomes shall be granted a home stead exemption of $6,000 from all ad valorem taxation by said city.
Referred to Committee on County and Urban Affairs.

HR 560. By Mr. Beckham of the 82nd:
A resolution designating certain highways within the State of Georgia as Blue Star Memorial Highways.
Referred to Committee on Highways.

MONDAY, FEBRUARY 11, 1974

833

The following: reports of standing- committees were read by the Secretary:

Senator Johnson of the 38th District, Chairman of the Committee on Judici ary, submitted the following- report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 444. Do pass by substitute. SB 626. Do pass as amended. HB 93. Do pass by substitute.
Respectfully submitted, Johnson of 38th District, Chairman.

Senator London of the 50th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tion of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 439. Do pass.
Respectfully submitted, London of 50th District, Chairman.

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

SB 444. By Senator Johnson of the 38th:
A bill to define and regulate the profession of court reporting; to re quire a certificate of proficiency for each court reporter practicing in the State of Georgia; to create a State Board of Court Reporting and define its powers; to prescribe examination, certification and regulation of such court reporters; to waive examination under specified condi tions.

834

JOURNAL OP THE SENATE,

SB 626. By Senator Wasden of the 2nd:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for investigative grand juries; to provide for the supervision and termination of investigative grand juries; to provide for all procedures, requirements and other matters relative to the foregoing.

HB 93. By Mr. Levitas of the 50th:
A bill to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, so as to provide that it shall be unlawful for any person to pos sess certain knives during the commission or attempt to commit a felony.

HR 439. By Messrs. Lane of the 40th, Adams of the 36th and Toles of the 16th:
A resolution proposing an amendment to the Constitution so as to ex clude retirement, pension or disability benefits, up to a certain maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.

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 623. By Senator Parker of the 31st:
A bill to amend an Act establishing the State Court of Polk County, as amended, so as to change the compensation of the judge of said court; to provide an effective date.

The report 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 624. By Senator Parker of the 31st:
A bill to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the sheriff and his deputies.

MONDAY, FEBRUARY 11, 1974

835

The report 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 632. By Senator Kennedy of the 4th:
A bill to amend an Act authorizing Evans County to pay the ordinary of said County a monthly allowance in addition to fees, as amended, so as to change the amount of said monthly allowance.

The report 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 293. By Messrs. Morgan of the 70th and Carrell of the 71st:
A bill to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds of Walton County.

The report 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 1482. By Messrs. Adams and Smith of the 74th:
A bill to amend Code Section 24-1801 relating to Clerks of County Ordi naries so as to authorize the Ordinary in counties whose population is not less than 23,450 nor more than 23,550 to appoint a Clerk whose salary shall be paid from County funds which salary shall not exceed the sum of $5,000 per annum.

836

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 43, nays 0.

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

HB 1617. By Messrs. Lewis and McCracken of the 77th, Lane and Nessmith of the 76th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Burke County, known as the fee system; to provide in lieu thereof an annual salary.

The report 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 1682. By Messrs. Snow of the 1st, Peters of the 2nd, Hays of the 1st and others: A bill to amend an Act incorporating the Town of Ft. Oglethorpe, so as to change the provisions relating to the election of the mayor and aldermen.
The report 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 1690. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th:
A bill to amend an Act placing the Sheriff of Pierce County on an an-

MONDAY, FEBRUARY 11, 1974

837

nual salary, so as to change the compensation provisions relating to the sheriff.

The report 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 1691. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th:
A bill to abolish the present mode of compensating the Tax Collector of Pierce County, known as the fee system; to provide in lieu thereof an annual salary.

The report 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 1692. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th:
A bill to abolish the present mode of compensating the Tax Receiver of Pierce County, known as the fee system; to provide in lieu thereof an annual salary.

The report 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.

838

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HB 1693. By Messrs. Wheeler and Grantham of the 127th, and Harrison of the 116th:
A bill to amend an Act creating a Board of Commissioners of Pierce County, so as to change the compensation of the Chairman and the members of the Board of Commissioners of Pierce County.

The report 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 1709. By Mr. Carr of the 90th: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commissioner of Glascock County, so as to change the compensation of the Tax Com missioner.
The report 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 1710. By Mr. Carr of the 90th:
A bill to provide for a supplement to the compensation of the Ordinary of Glascock County to be paid out of the funds of Glascock County.

The report 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.

MONDAY, FEBRUARY 11, 1974

839

HB 1721. By Messrs. Adams and Smith of the 74th:
A bill to amend an Act creating a Small Claims Court in certain counties (population not less than 23,500 and not more than 24,100) so as to change the population figures and census contained therein; to change the jurisdiction of said courts.

The report 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 295. By Messrs. Morgan of the 70th and Carrell of the 71st:
A bill to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds of Newton County.

Senator Ballard of the 48th offered the following substitute to HB 295:
A BILL
To be entitled an Act to provide for an expense allowance for the judge of the superior court of the Alcovy Judicial Circuit from the funds of Newton County; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. In addition to the salary and contingent expense allow ance payable from State funds, the judge of the superior court .of the Alcovy Judicial Circuit shall receive an expense allowance of two hun dred dollars ($200.00) per month which shall be paid from the funds of Newton County, and the governing authority of Newton County is hereby authorized and directed to pay such judge the expense allowance herein provided.
Section 2. The expense allowance herein authorized shall be in ad dition to any other salary or contingent expenses, paid by the State of Georgia.
Section 3. This Act shall become effective on the first day of the month in which it is approved by the Governor or in which it becomes law without his approval.

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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 43, 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 43, nays 0.

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

Senator Gillis of the 20th, who was presiding, ordered the morning roll call, and the following Senators answered to their names:

Bell Broun of 46th Brown of 47th Carter Cleland Coggin Doss Duncan Eldridge Garrard Hamilton Henderson Herndon Hill

Holley Holloway Hudgins Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Reynolds Riley

Rowan Salter Skene Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Young Zipperer

Those not answering were Senators:

Ballard Barker Coverdell Cox Dean

Fincher Gillis (presiding) Howard Jackson Johnson

Parker Smalley Summers Webb

Senator Webb of the llth filed the following statement with the Secretary:

MONDAY, FEBRUARY 11, 1974

841

TO:

President of the Senate

FROM: Senator Julian Webb

Because of the fact that I am out of the city on professional business for four days of this week, namely February 11-14, I shall not be recorded as voting present or voting- on any measure brought before the Senate. I provide this ex planation in order that it may be recorded in the Senate Journal.

Senator Summers of the 53rd was absent due to confinement in the hospital.

The following resolutions of the House and Senate were read and adopted:

SR 353. By Senators McGill of the 24th and Kidd of the 25th:
A resolution commending Mr. Jimmy Alvarez and Mr. Keith Mohler, National Vice Presidents of the Future Farmers of America.

HR 648. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Hill of the 110th and others:
A resolution requesting the President and the Congress to participate in the fight against diseases of the eye.

HR 638. By Messrs. Connell of the 80th, Dent of the 78th, Miles of the 79th and others: A resolution commending Honorable Roy V. Harris.
HR 639. By Messrs. Connell of the 80th, Dent of the 78th and others: A resolution commending Honorable William S. Morris, III.
Senator Thompson of the 32nd introduced as Chaplain, the Reverend Howard Moore, pastor, Sandy Plains Baptist Church, Marietta, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 290. By Senators London of the 50th, Overby of the 49th, Summers of the 53rd and others: A resolution expressing regrets at the passing of Honorable Henry Castleman.

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SR 360. By Senator Bell of the 5th: A resolution commending Colonel Robinson Risner.

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

HR 476. By Mr. Snow of the 1st and others:
A resolution proposing an amendment to the Constitution so as to pro vide for venue of civil actions respecting third-party practice.

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

HB 1302. By Mr. Brantley of the 92nd:
A bill to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to change and clarify the composi tion of certain Representative Districts.

The following is the Senate Rules Calendar for today:
SB 188. Sawmill Workmen's Compensation--base for premium charged SB 291. Juvenile and Superior Courts--concurrent jurisdiction (SUB) SB 292. Felons Over Age 13--custody of Offender Rehabilitation Dept.
(SUB) SB 438. Municipal Officials--publication of salary change SB 446. Teachers' Retirement--prior service credit SB 503. Littering--change penalty (SUB) SB 517. Bail Bonds--proceedings to forfeit SB 521. Emeritus and Retirement Bills--actuarial studies (SUB) SB 535. Teachers' Retirement--change amt. creditable service to ret.
(SUB)

MONDAY, FEBRUARY 11, 1974

843

SB 554. Rape Conviction--conditions for castration SB 575. Governor--grant emergency powers during crisis (SUB) SB 593. Homestead Exemption--62 year olds SB 604. Person Seeking Admission to Bar--take examination SB 605. Code of Public Transportation--technical clarifications (AM) SB 608. Public Safety Dept.--incentive pay increases (AM) SB 613. Pharmacists, pharmacy and Drugs--information on prescriptions SB 615. Governmental Position Dealing with Public Policy--citizenship SB 617. Selected Drug Offenders--treatment SB 618. Chatham County--mixed drinks SB 625. General Obligation Debt--not lapse if only portion issued SB 627. Georgia Ports Authority--Georgia convey property to SB 631. Cooperative Educational Service Agencies--financing SB 642. Municipal Elections--registrations, special elections SB 646. Architects--change definition practice of architecture SR 277. Bingo Games--non-profit organizations operate (AM) SR 293. Historical Property--exempt from ad valorem tax SR 322. MARTA Overview Com.--change membership SR 328. Veteran's Driver's License--relative to SR 329. Richmond County--conveyance of State-owned real property SR 344. Pulaski Co.--conveyance of certain State-owned real property HB 1108. Sales Tax--dealer failing to make returns HB 1305. Vehicle and Load Weights--change gross weight HB 1326. Driver's License Examiners--salaries HB 1410. Legislative Services Com.--control over Capitol building

The President assumed the Chair.

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 446. By Senator Duncan of the 30th:
A bill to amend an Act creating a Retirement System for Teachers, ap proved Mar. 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly

844

JOURNAL OF THE SENATE,

by an Act approved Apr. 12, 1968 (Ga. Laws 1968, p. 1405), so as to provide additional circumstances under which members of the system may establish prior service credit.

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OP AUDITS 115 State Capitol
Atlanta, Georgia 30334

January 18, 1974

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note Senate Bill 446

This bill allows members of the Teacher's Retirement System who have with drawn contributions from the Employees' Retirement System not more than twice to establish such service. Presently only one withdrawal is allowed.

The employee and employer contribution of an individual does not pay for the entire retirement allowance or value of the retirement benefit at retirement and the difference is made up by the Retirement System from employer contribu tions retained by members withdrawing their contributions, interest on invest ments, etc. It is not known as to how many employees would qualify under this amendment, and therefore, no cost estimate could be made. In the event there would not be many employees of this nature it could be concluded that while there would be some cost for the Retirement Fund to be absorbed, it would not be a sufficient amount to effect the actuarial soundness of the Teachers' Retirement System.
/s/ E. B. Davis Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, Jr. James T. Mclntyre, State Planning and Budget Officer

MONDAY, FEBRUARY 11, 1974

845

TEACHERS RETIREMENT SYSTEM State of Georgia
254 Washington Street, S.W., Phone 656-2954 Atlanta, Georgia 30334

January 18, 1974

MEMORANDUM

TO:

Honorable Paul D. Coverdell, Chairman

Senate Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer

SUBJECT: Senate Bill 446

This bill would permit any current member of the Teachers Retirement Sys tem who was formerly a member of the Employees Retirement System to repay two withdrawals of member contributions from the Employees Retirement System to the Teachers Retirement System. This change would make this section of the Teacher Retirement Law coincide with other similar provisions (two Teacher Retirement System withdrawals may be repaid and the Employees Re tirement System permits its members to repay two withdrawals).
It is felt that very few members would qualify under this amendment and we would ask for no increase in employer contributions if this bill were enacted into law since the additional cost, if any, would not be significant.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Broun of 46th Carter Coggin Coverdell Cox Doss Duncan Eldridge Fincher Garrard

Gillis Hamilton Herndon Hill Holloway Hudgins Jackson Johnson Kennedy Kidd Langford

Lester McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter Skene

846
Smalley Smith Starr Stephens

JOURNAL OF THE SENATE,

Sutton Thompson Tysinger Ward

Warren Wasden Young Zipperer

Those not voting were Senators:

Barker Bell Brown of the 47th Cleland

Dean Henderson Holley Howard

London Summers Webb

On the passage of the bill, the ayes were 45, nays 0.

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

Senator Gillis of the 20th resumed the Chair.

SB 521. By Senator Coverdell of the 40th:
A bill to amend an Act relating to the introduction of bills relative to retirement, pension and emeritus systems and requiring fiscal notes therefor, approved Mar. 16, 1966 (Ga. Laws 1966, p. 573), as amended, so as to provide for actuarial studies under certain circumstances; to provide for all matters relative thereto; to provide an effective date.

The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

January 30, 1974

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note--Senate Bill 521

The major cost of this bill is the provision for an actuarial study to be ob tained as to the cost of any retirement bill where the cost is not already known

MONDAY, FEBRUARY 11, 1974

S47

sufficiently accurately enough to be included in a fiscal note. This cost would de pend on the number and complexity of such proposed legislation and cannot be forecast.

/s/ E. B. Davis Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, Jr. James T. Mclntyre, State Planning & Budget Officer

The Senate Committee on Retirement offered the following substitute to SB 521:
A BILL
To be entitled an Act to amend an Act relating to the introduction of bills relative to retirement, pension and emeritus systems and requir ing fiscal notes therefor, approved March 16, 1966 (Ga. Laws 1966, p. 573), as amended by an Act approved April 23, 1969 (Ga. Laws 1969, p. 570), so as to provide for actuarial studies under certain circum stances; to provide for the employment of certain personnel; to provide for all matters relative thereto; 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 relating to the introduction of bills relative to re tirement, pension and emeritus systems and requiring fiscal notes therefor, approved March 16, 1966 (Ga. Laws 1966, p. 573), as amended by an Act approved April 23, 1969 (Ga. Laws 1969, p. 570), is hereby amended by designating the two paragraphs of Section 2 as subsections (a) and (b) thereof, respectively, and by adding at the end of Section 2 three new paragraphs to be designated subsections (c), (d) and (e) and to read as follows:
"(c) The fiscal notes required by subsection (a) of this Sec tion shall include a statement expressing an opinion advising whether or not there is sufficient information available to the per son submitting such fiscal note to submit an accurate and complete fiscal note as required by subsection (a) of this Section and whether or not an actuarial investigation is required to develop such in formation. In the event an opinion is submitted advising that an actuarial investigation will be required before an accurate and complete fiscal note may be prepared, then a majority of a quorum of the committee to which the bill is assigned may direct the State Auditor to complete, or to have completed, the necessary actuarial investigation, and, in that event, the State Auditor shall contract for such investigation within ten days of notification to him of such vote.

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JOURNAL OF THE SENATE,

(d) When an actuarial investigation is directed pursuant to sub section (c) of this Section, and the bill affects a State supported retirement, pension or emeritus system or any such system created by general law, except general laws of local application by popula tion classification, then the cost of such actuarial investigation shall be paid from funds appropriated or otherwise available to the legislative branch of the State Government, and the Legislative Fiscal Officer is hereby authorized to expend legislative funds for such purpose. When an actuarial investigation is directed pursuant to said subsection (c) of this Section, and the bill affects a local retirement, pension or emeritus system or any such system created by local law or by general law of local application by population classification, then the committee to which the bill is assigned may direct the State Auditor to notify the Board of Trustees of such system or the local governing authority whose employees are cov ered by such system that it will take no further action on the bill until an actuarial investigation has been conducted and attached to the bill.

(e) The committees to which bills subject to the provisions of this Act are referred are hereby authorized to employ personnel, either on a part-time or a full-time basis, who have training and experience in actuarial or financial matters, or both, to assist such committees in developing the information necessary to effectively evaluate the financial and actuarial implications of such bills. Any such personnel, at the discretion of such committees, may make the actuarial studies required by subsection (c) of this Section in lieu of or in cooperation with the State Auditor, as determined by such committees. The compensation of any such personnel shall be as determined by resolution of the Senate or of the House of Repre sentatives, whichever is applicable."

Section 2. This Act shall be effective for all bills affecting retire ment, pension or emeritus systems introduced after January 1, 1975.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 34, nays 0, and the 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, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Brown of 47th

Carter Cleland Coggin

Coverdell Cox Doss

Duncan Eldridge Fincher Herndon Hill Holloway Howard Jackson Kennedy Kidd
Langford Lester

MONDAY, FEBRUARY 11, 1974

849

London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter
Skene Smalley

Smith StartSutton Thompson Tysinger Ward Warren Wasden Young Zipperer

Voting in the negative were Senators Hudgins and Stephens.

Those not voting- were Senators:

Barker Broun of 46th Dean Garrard

Gillis (presiding) Hamilton Henderson Holley

Johnson Summers Webb

On the passage of the bill, the ayes were 43, nays 2.
The bill, having- received the requisite constitutional majority, was passed by substitute.
Senator Coverdell of the 40th moved that SB 521 be immediately transmitted to the House.
On the motion, the ayes were 34, nays 0; the motion prevailed, and SB 521 was immediately transmitted to the House.

SB 291. By Senators Holley of the 22nd and Lester of the 23rd:
A bill to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", as amended, so as to provide for concurrent jurisdiction in the juvenile court and superior court over certain delinquent acts.

The Senate Committee on Special Judiciary offered the following substitute to SB 291:
A BIL
To be entitled an Act to amend Code Title 24A, known as the "Ju venile Court Code of Georgia", as amended, so as to change the provi sions relating to jurisdiction of juvenile courts and superior cuorts; to change the provisions relating to transfers of certain questions to ju-

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JOURNAL OF THE SENATE,

venile courts; to change the provisions relating to commencement of pro ceedings; to change the provisions relating to transfers from other courts; to change the provisions relating to detention of children; to change the provisions relating to release on delivery of children to cer tain courts; to change the provisions relating to places of detention for children alleged to have committed certain offenses over which the superior court has jurisdiction; to change the provisions requiring offi cials in charge of a jail or other facility for the detention of adult of fenders or persons charged with crime to notify the juvenile court of the receipt of certain persons; to require notification of superior courts in certain cases; to provide that officials in charge of a jail or other facility shall bring certain persons before the superior court or deliver such persons to a detention or shelter care facility; to change the pro visions relating to orders of disposition or other adjudication; to change the provisions authorizing courts to transfer certain persons for prose cution to the appropriate courts having jurisdiction of the offense; to change the provisions relating to the prosecution of children for of fenses previously committed; to change the provisions relating to law enforcement records; to change the provisions relating to children's fingerprints and photographs; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Title 24A, known as the "Juvenile Court Code of Georgia", as amended, is hereby amended by striking Code Section 24A301 in its entirety and inserting in lieu thereof a new Code Section 24A-301 to read as follows:

"24A-301. Jurisdiction over Juveniles, (a) The Court shall have exclusive original jurisdiction over juvenile matters except as hereinafter provided, and shall be the sole court for initiating action:
(1) Concerning any child;

(A) who is alleged to be delinquent except when the allega tion is based on a delinquent act which would be considered a felony if tried in the superior court and for which the offender may be punished by death or by confinement in the penitentiary;

(B) who is alleged to be unruly;

(C) who is alleged to be deprived;

(D) who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child;

(E) or who is alleged to have committed a juvenile traffic of fense under Section 24A-3101.

(2) Involving any proceedings;

MONDAY, FEBRUARY 11, 1974

851

(A) for obtaining1 judicial consent to the marriage, employ ment, or enlistment in the armed services of any person, if such consent is required by law;

(B) under the Interstate Compact on Juveniles, or any com parable law, if enacted or adopted in Georgia;

(C) for the termination of the legal parent-child relationship.
(b) The juvenile court shall also have jurisdiction to hear and dispose of any charge brought against any child who is al leged to have committed an act which would be a felony and for which the offender may be punished by death or by confinement in the penitentiary if tried in the superior court, provided, however, that the superior court of the county in which said act is alleged to have been committed shall first decline prosecution of said child for said offense, in which event said superior court shall cause all documents and records pertaining to the charge against said child to be transferred to the juvenile court of said county for appropri ate proceedings in accordance with the provisions of this code.

(c) In those cases where custody is the subject of controversy and the law now gives the superior courts exclusive jurisdiction, the juvenile court shall have concurrent jurisdiction to hear and de termine the issue of custody and support when the issue is trans ferred by proper order of the superior court, as hereinafter pro vided."

Section 2. Said Code Title is further amended by striking Code Section 24A-302 in its entirety and inserting in lieu thereof a new Code Section 24A-302 to read as follows:

"24A-302. Appointment of Guardian; Jurisdiction over Custody Cases, (a) The court is hereby vested with jurisdiction to appoint a guardian of the person or property of any child, and with juris diction over proceedings involving any child whose custody is the subject of controversy. Any such appointment shall be made pur suant to the same requirements of notice and hearings as are pro vided for appointments of guardians of the persons and properties of minors bv the ordinary.

(b) Courts of record in handling divorce, alimony, or habeas corpus cases involving the custody of a child or children may trans fer the question of the determination of custody and support to the juvenile court for investigation and report back to the superior court, or for investigation and determination by the juvenile court. The juvenile court then shall proceed to handle the matter in the same manner as though the action originated under this Code, in compliance with the order of the superior court. At any time prior to the determination of such question, the juvenile court may trans fer the jurisdiction of such question back to the referring superior court."

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JOURNAL OF THE SENATE,

Section 3. Said Code Title is further amended by striking subsec tion (e) of Code Section 24A-801 in its entirety and inserting in lieu thereof a new subsection (e) and (f) to read as follows:

"(e) in other cases as provided by law;

(f) by a transfer as provided in Section 24A-301."

Section 4. Said Code Title is further amended by striking from Code Section 24A-901 the following:

"concurrent",

so that when so amended, Code Section 24A-901 shall read as follows:

"24A-901. Transfer from Other Courts. If it appears to any court in a criminal proceeding or a quasi-criminal proceeding that the defendant is a child, except in cases where the superior court has jurisdiction as provided in Section 24A-301(b), the case shall forthwith be transferred to the juvenile court together with a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case. It shall order that the defendant be taken forthwith to the juvenile court or to a place of detention designated by the court, or release him to the custody of his parent, guardian, custodian, or other person legally respon sible for him, to be brought before the court at a time designated by that court. The accusatory pleading may serve in lieu of a pe tition in the juvenile court unless that court directs the filing of a petition."

Section 5. Said Code Title is further amended by striking from Code Section 24A-1401 the following:

"any court pursuant",

and inserting in lieu thereof the following:

"any court pursuant",

so that when so amended, Code Section 24A-1401 shall read as follows:

"24A-1401. Detention of Child. A child taken into custody shall not be detained or placed in shelter care prior to the hearing on the petition unless his detention or care is required to protect the per son or property of others or of the child or because the child may abscond or be removed from the jurisdiction of the court or because he has no parent, guardian, or custodian or other person able to provide supervision and care for him and return him to the court when required, or an order for his detention or shelter care has been made by any court pursuant to this Code."

MONDAY, FEBRUARY 11, 1974

853

Section 6. Said Code Title is further amended by striking- from paragraph 3 of Code Section 24A-1402(a) the following:

"concurrent",

so that when so amended, paragraph 3 of Code Section 24A-1402(a) shall read as follows:

"(3) bring the child who committed a delinquent act before the superior court of the county where the delinquent act occurred if the act is an act over which the superior court has jurisdiction as provided in Section 24A-301(b); however, pending a committal hearing authorized under Chapter 27-24 or indictment, such child shall be returned and placed in detention, if necessary, only in such places as are authorized by Section 24A-1403."

Section 7. Said Code Title is further amended by striking from subsection (b) of Code Section 24A-1403 the following:

"concurrent",

and by striking1 from said subsection the following:

"juvenile",

and inserting in lieu thereof the following:

"superior",

so that when so amended, subsection (b) of Code Section 24A-1403 shall read as follows:

"(b) A child alleged to have committed an offense over which the superior court has jurisdiction under Section 24A-301(b) shall be detained pending a committal hearing under Chapter 27-24 or indictment only in the facilities stated in paragraphs (1) through (5) of subsection (a) unless it appears to the satisfaction of the superior court that public safety and protection reasonably require detention in a common jail and the court so orders."

Section 8. Said Code Title is further amended by striking- the pe riod at the end of subsection (d) of Code Section 24A-1403 and in serting in lieu thereof the following:

", except when the person is received from a superior court under the provisions of subsection (b). If the person is alleged to have committed an offense over which the superior court has juris diction under the provisions of Section 24A-301(b) the official in charge of the jail or other facility shall inform the superior court or a duly authorized officer of the superior court and shall bring him before the superior court, in lieu of the juvenile court, upon

864

JOURNAL OF THE SENATE,

request or deliver him to a detention or shelter care facility designated by the superior court."

so that when so amended, subsection (d) of Code Section 24A-1403 shall read as follows:

"(d) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall im mediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of 17 years is received at the facility and shall bring him be fore the court upon request or deliver him to a detention or shelter care facility designated by the court, except when the person is received from a superior court under the provisions of subsection (b). If the person is alleged to have committed an offense over which the superior court has jurisdiction under the provisions of Section 24A-301 (b) the official in charge of the jail or other facility shall inform the superior court or a duly authorized officer of the superior court and shall bring him before the superior court, in lieu of the juvenile court, upon request or deliver him to a detention or shelter care facility designated by the superior court."

Section 9. Said Code Title is further amended by striking subsec tion (a) of Code Section 14A-2401 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) An order of disposition or other adjudication in a pro ceeding in a juvenile court under this Act is not a conviction of crime and does not impose any civil disability ordinarily resulting from a conviction or operate to disqualify the child in any civil service application or appointment."
Section 10. Said Code Title is further amended by striking para graph (4) of Code Section 24A-2R01 of (a) in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows:

"(4) the child was at least IK years of age at the time of the alleged delinquent conduct or the child was 13 or 14 years of age and committed an act which is a felony and for which the offender may be punished by death or by confinement in the penitentiary."

Section 11. Said Code Title is further amended by striking sub section (c) of Code Section 24A-2501 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) No child, either before or after reaching 17 years of age, shall be prosecuted for an offense previously committed unless the case has been transferred as provided in this Section or except in cases tried under the provisions of Section 24A-301(b), or unless the case was brought originally in the superior court."

Section 12. Said Code Title is further amended by adding to Code Section 24A-3502, following the words and symbols "Section 24A-2501," the following:

MONDAY, FEBRUARY 11, 1974

355

"the case is tried in the superior court under the provisions of Section 24A-301(b).".

so that when so amended. Code Section 24A-3R02 shall read as follows:

"24-3502. Law Enforcement Records. Law enforcement records and files concerning; a child shall be kept separate from the rec ords and files of arrests of adults. Unless a charge of delinquency is transferred for criminal prosecution under Section 24A-2501, the case is tried in the superior court under the provisions of Section 24A-301(b), the interest of national security requires, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection or their contents disclosed to the public; but, with the consent of the court, inspection of the records and files is permitted by:

(a) A juvenile court having the child before it in any pro ceeding:

(b) Counsel for a party to the proceedings;

(c) The officers of public institutions or agencies to whom the child is committted;

(d) Law enforcement officers of other jurisdictions when nec essary for the discharge of their official duties; and

(e) A court in which he is convicted of a criminal offcnsc for the purpose of a prcsentence report or other dispositional pro ceeding, or by officials of penal institutions and other penal facili ties to which he is committed, or by a parole board in considering his parole or discharge or in exercising supervision over him."

Section 13. Said Code Title is further amended by striking from subsection (a) of Code Section 24A-3503 the following:

"and automobile theft.".

and inserting in lieu thereof the following:

"automobile theft, or any felony."

so that when so amended, subsection (a) of Code Section 24A-3503 shall read as follows:

"(a) No child under 13 years of age shall be fingerprinted in the investigation of a crime except as provided in this Section. Fingerprints of a child 13 or more years of age who is referred to the court may be taken and filed by law enforcement officers in investigating the commission of the following crimes: murder, nonnegligent manslaughter, forcible rape, robbery, aggravated as-

856

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sault, burglary, housebreaking, purse snatching, automobile theft, or any felony."

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 30, nays 0, and the substi tute was adopted.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Cleland Cogg'in Cox Dean Doss Eldridge Fincher Garrard

Hamilton Herndon Holloway Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore

Overby Parker Reynolds Riley Rowan Skene Smith Stephens Button Warren Wasden Young Zipperer

Those voting in the negative were Senators:

Coverdell Howard Smalley

Starr Thompson

Tysinger Ward

Those not voting were Senators:

Barker Duncan Gillis (presiding) Henderson

Hill Holley Johnson

Salter Summers Webb

On the passage of the bill, the ayes were 39, nays 7.

MONDAY, FEBRUARY 11, 1974

857

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

The following resolution of the House was read the first time and referred to the committee:

HR 476. By Mr. Snow of the 1st and others:
A resolution proposing an amendment to the Constitution so as to pro vide for venue of civil actions respecting third-party practice.
Referred to Committee on Judiciary.

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

SB 292. By Senators Holley of the 22nd and Lester of the 23rd:
A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, as amended, so as to provide that felons over the age of 13 may be sen tenced into the custody of the Department of Offender Rehabilitation.

The Senate Committee on Special Judiciary offered the following substitute to SB 292:
A BILL
To be entitled an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, particularly by an Act approved April 7, 1972 (Ga. Laws 1972, p. 1251), so as to provide that felons over the age of 13 may be sentenced into the custody of the Department of Offender Rehabilitation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, particularly by an Act approved April 7, 1972 (Ga. Laws 1972, p. 1251), is hereby amended by striking para graph (5) of Section 9(a) of said Act in its entirety and inserting in lieu thereof a new paragraph (5), to read as follows:

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JOURNAL OF THE SENATE,

"(5) For the acceptance and incarceration of any child under the age of 17 years; provided, however, that any child convicted of a felony in a superior court may, in the discretion of the court, be. sentenced into the custody of the State Department of Offender Rehabilitation as otherwise provided by law or be committed as a youthful offender as authorized in the Georgia Youthful Offender Act of 1972 (Ga. Laws 1972, p. 592); provided, further, that any child convicted of a felony punishable by death or by confinement for life shall only be sentenced into the custody of the State De partment of Offender Rehabilitation. Whenever any child shall es cape from any youth detention center, the Division shall file a pe tition in the court having jurisdiction and if found guilty he shall, in the discretion of the court, be punished for such escape by com mitment for an additional 12 months in a youth detention center or under the Department of Offender Rehabilitation."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 38, nays 0, and the 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 Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Coggin Cox Dean Doss Duncan Eldridge Fincher
Henderson

Herndon Holloway Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby
Reynolds

Riley Rowan Salter Skene Smith Starr Stephens Sutton Warren Wasden Young Zipperer

Those voting in the negative were Senators:

Bell Cleland Coverdell Garrard Hamilton

Howard Hudgins Johnson Parker

Smalley Thompson Tysinger Ward

MONDAY, FEBRUARY 11, 1974

859

Those not voting were Senators:

Gillis (presiding) Hill

Holley Summers

Webb

On the passage of the bill, the ayes were 38, nays 13.

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

SB 188. By Senator McGill of the 24th:
A bill to amend Code Chapter 114-6, relating to workmen's compensation insurance, as amended, so as to require the premium charged by an in surance company for workmen's compensation coverage of a sawmill be based on the payroll of the employer.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Hamilton

Henderson Herndon Holloway Howard Hudgins Jackson Kennedy Kidd Lang-ford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Wasden Young Zipperer

Voting in the negative was Senator Skene.

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Those not voting were Senators:

Fincher Gillis (presiding) Hill

Holley Johnson Summers

Warren Webb

On the passage of the bill, the ayes were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed.
SB 438. By Senator Smalley of the 28th:
A bill to amend an Act providing home rule for municipalities, approved Mar. 26, 1965 (Ga. Laws 1965, p. 298), as amended, so as to require publication of notice of change of salary of members of municipal legislative bodies; to delete any requirement of such notice upon change of salary of municipal employees other than members of municipal legislative bodies.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Hamilton Henderson

Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Young Zipperer

MONDAY, FEBRUARY 11, 1974

861

Those not voting were Senators:

Barker Duncan Gillis (presiding)

Holley Salter Skene

Summers Webb

On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Smalley of the 28th moved that SB 438 be immediately transmitted to the House.
On the motion, the ayes were 29, nays 0; the motion prevailed, and SB 438 was immediately transmitted to the House.
The President resumed the Chair.

SB 554. By Senator Smith of the 34th: A bill to amend Code Section 26-2001, relating to the crime of rape, so as to provide that when a person shall be convicted of rape and the punishment imposed shall not be death, such person shall also be sen tenced to the surgical removal of his testicles.
Senator Lester of the 23rd offered the following amendment:
Amend SB 554 by adding on line 24, Page 1, after the word "rape" the words: "under aggravating circumstances."
On the adoption of the amendment, the ayes were 37, nays 7, 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 President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Dean Fincher Gillis Henderson Hill Kennedy Lester

McDuffie McGill Moore Parker Riley Smith

Sutton Thompson
Warren Wasden Young Zipperer

Those voting in the negative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Doss

Duncan Eldridge Garrard Hamilton Herndon Holloway Howard Hudgins Johnson Kidd Langford

London Overby Reynolds Rowan Salter Skene Smalley Starr Stephens Tysinger Ward

Those not voting were Senators:

Holley Jackson

Summers

Webb

On the passage of the bill, the ayes were 19, nays 33.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Smith of the 34th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 554.

The President announced the Senate would stand in recess from 12:15 o'clock P. M. until 1:15 o'clock P. M.
The President called the Senate to order at 1:15 o'clock P. M.

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

MONDAY, FEBRUARY 11, 1974

863

SB 605. By Senator Reynolds of the 48th:
A bill to amend the Ga. Code of Public Transportation, Title 95A, ap proved April 18, 1973 (Ga. Laws 1973, p. 947), as amended, so as to make certain technical clarifications therein; to make certain gram matical and spelling corrections; to correct typographical errors; to provide for mass transportation grants; to provide financial support for clearing harbors; to provide compensation for the Board; to provide for limitations on outdoor advertising; to provide for appeals of liqui dated damages to roads.

The Committee on Highways offered the following amendment:
Amend SB 605 by striking in its entirety Section 24 and renumber ing the remaining sections respectively.

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

The Committee on Highways offered the following amendment:
Amend SB 605 by adding a new Section 29A to read as follows:
"Section 29A. Said Code is further amended by striking the word 'Highway' from subsection (k) of Section 95A-917 after the word 'State' and before the word 'Board' and substituting in lieu thereof the word 'Transportation'."
By striking on Page 9, line 25, the words "Chairman" and substi tuting in lieu thereof the word "Chairman".

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

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 47th Carter

Coggin Cox Dean

Doss Duncan Eldridge

864
Fincher Garrard Gillis Hamilton Herndon Holley Holloway Johnson Kennedy Langford

JOURNAL OF THE SENATE,

Lester London McDuffie McGill Moore Overby Reynolds Rowan Salter Skene

Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Young Zipperer

Those not voting were Senators:

Ballard Barker Bell Cleland Coverdell Henderson

Hill Howard Hudgins Jackson Kidd Parker

Riley Smalley Summers Wasden Webb

On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed amended.

SB 627. By Senators Lester of the 23rd and Holley of the 22nd:
A bill to amend an Act known as the "Georgia Ports Authority Act", approved March 9, 1945 (Ga. Laws 1945, p. 464), as amended, so as to authorize the Governor on behalf of the State, to convey certain property to the Georgia Ports Authority.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 47th Carter Coggin Cox

Doss Duncan Eldridge Fincher Garrard

Gillis Hamilton Henderson Herndon Holley

Holloway Johnson Kennedy Langford Lester London McDuffie McGill

MONDAY, FEBRUARY 11, 1974

865

Moore Overby Reynolds Rowan Salter Skene Starr

Button Thompson Tysinger Ward Warren Young Zipperer

Those not voting were Senators:

Ballard Barker Bell Cleland
Coverdell Dean Hill

Howard Hudgins Jackson Kidd Parker Riley

Smalley Smith Stephens Summers Wasden Webb

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

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

SB 631. By Senator Starr of the 44th:
A bill to amend an Act known as the "Cooperative Educational Service Agencies Act", approved Mar. 27, 1972 (Ga. Laws 1972, p. 550), so as to change the provisions relative to financing Cooperative Educational Service Agencies.

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

On the passage of the bill, the President ordered a roll "call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox

Dean Doss Eldridge Pincher Garrard Gillis Hamilton

Henderson Herndon Holley Holloway Howard Johnson Kennedy

866
Langford Lester London McDuffie McGill Moore Overby

JOURNAL OP THE SENATE,

Reynolds Rowan Skene Smith Starr Stephens Sutton

Thompson Tysinger Ward Warren YoungZipperer

Those not voting were Senators:

Ballard Barker Cleland Duncan Hill

Hudgins Jackson Kidd Parker Riley

Salter Smalley Summers Wasden Webb

On the passage of the bill, the ayes were 41, nays 0.

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

SB 604. By Senator Webb of the llth:
A bill to amend Code Title 9, relating to attorneys at law, as amended, so as to require all persons seeking admission to the bar to take an examination; to repeal provisions relating to admission by comity; to provide an effective date.

Senator Johnson of the 38th offered the folowing substitute to SB 604:
A BILL
To be entitled an Act to amend Code Title 9, relating to attorneys at law, as amended, so as to change the provisions relating to admission to the bar by comity; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY:
Section 1. Code Title 9, relating to attorneys at law, as amended, is hereby amended by striking Code Section 9-202(a), which reads as follows:
"(a) An applicant for admission under this Chapter shall be considered as meeting the prior legal practice and experience qualification required under section 9-201 (a) (6) if--
(1) he, as a license attorney, has engaged on a substantially

MONDAY, FEBRUARY 11, 1974

867

full-time basis in the practice of law in a state of the United States or in the District of Columbia for time periods totalling cumulative ly at least five full years within the eight-year period immediately preceding the filing date of his application under section 9-203; or

(2) he has served as a full-time judge of a court of record of any state of the United States or the District of Columbia, or of the United States, for time periods totalling cumulatively at least five full years within the eight-year period immediately preceding the filing date of his application under section 9-203; or

(3) he has been a full-time faculty member in a law school in Georgia approved by the American Bar Association for time periods totalling cumulatively at least five full years within the eight-year period immediately preceding the filing date of his application under Section 9-203; or

(4) he, in any combination of the above has had prior legal practice and experience for time periods totalling cumulatively at least five full years within the eight-year period immediately pre ceding the filing date of his application under section 9-203.",

in its entirety, and inserting in lieu thereof a new subsection (a) of Code Section 9-202, to read as follows:

"(a) An applicant for admission under this Chapter shall be considered as meeting the prior legal practice and experiences qualification required under section 9-201 (a) (6) if he has been a full-time faculty member in a law school in Georgia approved by the American Bar Association for time periods totalling cumulative ly at least five full years within the eight-year period immediately preceding the filing date of his appplication under section 9-203."

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 41, nays 2, and the substitute was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Coverdell Cox Duncan Eldridge Fincher

Hamilton Herndon Hill Holloway Jackson London Moore Overby Parker

Rowan Skene Smalley Sutton Thompson Ward Warren Wasden Young

Those voting in the negative were Senators:

Barker Coggin Dean Doss Gillis Henderson Holley
Howard

Hudgins Kennedy Kidd Langford Lester McDuffie McGill

Reynolds Riley Smith Starr Stephens Tysinger Zipperer

Those not voting were Senators:

Cleland Garrard

Johnson Salter

Summers Webb

On the passage of the bill, the ayes were 28, nays 22.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Herndon of the 10th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 604.

SR 329. By Senators Lester of the 23rd and Holley of the 22nd: A resolution authorizing the conveyance of certain State-owned real property located in Richmond County, Georgia, to the City of Augusta and the acceptance of certain property owned by the City of Augusta, located in Richmond and Columbia Counties, Georgia, in consideration therefor.
Senator Lester of the 23rd offered the following amendment:

MONDAY, FEBRUARY 11, 1974

869

Amend SR 329 by deleting lines 13 through 19 inclusive on Page 4.

On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley S alter Skene Smalley Smith Starr Stephens Sutton Tysinger Ward Warren Wasden Young Zipperer

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Bell Cleland Henderson

Rowan Summers

Thompson Webb

On the adoption of the resolution, the ayes were 48, nays 1.

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

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SB 517. By Senator Overby of the 49th:
A bill to amend Code Section 27-1402, relating to conditions of bail bonds and recognizances, as amended, so as to provide for proceedings to for feit bonds or recognizances upon failure of the principal to appear.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coverdell Cox Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway
Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Smith Starr Stephens Sutton Tysinger Ward" Warren Wasden Young Zipperer

Voting in the negative was Senator Smalley.

Those not voting were Senators:

Cleland Coggin Dean

London Skene Summers

Thompson Webb

On the passage of the bill, the ayes were 47, nays 1.

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

SB 575. By Senator Holloway of the 12th: A bill to provide the granting of emergency powers of crisis manage-

MONDAY, FEBRUARY 11, 1974

871

ment to the Governor; to provide for a title; to provide that the Gov ernor is empowered to cooperate with the President and Federal agency of the United States concerning energy crisis and common defense mat ters; to provide that the Governor is empowerd to use property, services and resources of the State for the purpose of this Act.

The Senate Committee on Economy, Reorganization & Efficiency in Govern ment offered the following- substitute to SB 575:
A BILL
To be entitled an Act to provide for emergency powers, to provide that the Governor may take action to implement specific requests and programs of the President and others; to provide for restrictions on such action; 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. The Governor is authorized to take such actions and implement such programs as may be necessary to carry into effect spe cific requests of the President of the United States and such other Federal officers and agencies as may be charged with responsibilities relating to emergencies and crises such as the existing fuel shortage. Specific requests which may be acted upon by the Governor pursuant to this Act shall be limited to requests made in writing by Presidential Proclamation, laws enacted by the Congress of the United States, or rules and regulations adopted by Federal agencies.
Section 2. The Governor may implement specific programs re quested by the President, or made necessary by laws enacted by the Congress of the United States, or by rules and regulations adopted by a Federal agency upon a finding that such action is essential in order to avoid extreme hardships on citizens of this State, such as the ration ing or allocation of fuels or fuel reserves and related by-products.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Section 4. This Act shall become effective upon approval by the Governor or upon its becoming law without his approval.

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 President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Coverdell Cox Doss Duncan Eldridge Pincher Gillis Hamilton Henderson Herndon Hill

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith ' Starr Stephens Sutton Tysinger Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Barker Cleland Coggin

Dean Garrard Summers

Thompson Webb

On the passage of the bill, the ayes were 48, nays 0.

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

Senator Gillis of the 20th resumed the Chair.

SB 593. By Senator Kidd of the 25th:
A bill to exempt from all ad valorem taxation for educational purposes, levied by any county or independent school district, the homestead of any resident of such county or independent school district who is 62 years of age or older, and who has income from all sources, including income from all sources of all members of his family, not exceeding $6,000.00 per annum.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

MONDAY, FEBRUARY 11, 1974

873

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard

Hamilton Henderson Holley Howard Hudgins Jackson Johnson Kennedv Kidd Langford Lester London McGill Moore Parker

Reynolds Riley
Rowan Salter Skene Smith Starr Stephens Thompson Tysinger Ward Warren Wasden Young Zipperer

Those voting in the negative were Senators:

Hill Hollowav

Smalley

Sutton

Those not voting were Senators:

Cleland Gillis (presiding) Herndon

McDuffie Overby

Summers Webb

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

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

SB 617. By Senators Barker of the 18th and Kidd of the 25th:
A bill to amend Code Chapter 88-4 of the Georgia Code Annotated re lated to rehabilitation of alcoholics and drug dependent individuals (Ga. Laws 1971, p. 273 et sea.), to provide options for the diversion of se lected drug offenders to treatment; to provide certain definitions.

Senators Barker of the 18th and Kidd of the 25th offered the following sub stitute to SB 617:
A BILL
To be entitled an Act to amend Code Chapter 88-4 of the Georgia Code Annotated relating to rehabilitation of alcoholics and drug de-

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JOURNAL OF THE SENATE,

pendent individuals (Ga. Laws 1971, p. 273, et seq.), to provide options for the diversion of selected drug offenders to treatment; to provide certain definitions; to repeal conflicting- laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act to amend Code Title 88 relating to the rehabili tation of alcoholics and drug dependent individuals approved March 30, 1971 (Ga. Laws 1971, p. 273, et seq.), as amended, is hereby amended by striking Section 88-402 (c) in its entirety and placing- in lieu thereof a new Section 88-402(c) to read as follows:

"Section 88-402(c). A 'drug- dependent individual or drug abuser' means a person in a state of psychic and/or physical de pendence upon opium, heroin, morphine or any derivative or syn thetic drug of that group, barbiturates, other sedatives, tranquilizers, amphetamines, lysergic acid diethylamide, other hallucinogens or any drug, dangerous drug, depressant or stimulant drug or nar cotic as defined in Title 79A of the Georgia Code. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take a controlled substance on a repetitive basis in order to experience its psychic effects or to avoid the dis comfort of its absence; Provided, however, that no person shall be deemed a drug abuser solely by virtue of his taking, according to directions, any such drugs pursuant to a lawful prescription issued by a physician in the course of professional treatment for legitimate medical purposes."

Section 2. Code Chapter 88-4 is further amended by adding three new definitions to Section 88-402 to read as follows:

"Section 88-402 (i) 'Dismiss' or 'dismission' means the termination of a criminal action.

(j) 'Person incapacitated by a controlled substance' means a person who, as a result of the effects of one or more controlled sub stances, needs treatment and either is unconscious or his judgment is so impaired that he is incapable of making a rational decision with respect to his need for treatment.

(k) 'Treatment' means (1) emergency services for a drug-de pendent person, a person incapacitated by a controlled substance, or a person under the influence of a controlled substance; (2) The full range of residential, intermediate, and outpatient services for drug-dependent persons designed to aid them to gain control over or eliminate their dependence on controlled substances and to become productive, functioning members of the community; and (3) com munity-based prevention services designed to reduce the likelihood of drug dependence. Treatment includes but is not limited to diag nostic evaluation; medical, psychiatric, psychological, social, and drug maintenance services; vocational rehabilitation, job training, and career counseling; education and information guidance; family counseling; and recreational services."

MONDAY, FEBRUARY 11, 1974

875

Section 3. Code Chapter 88-4 is further amended by adding a new part at the end thereof to read as follows:

"TREATMENT OF DRUG DEPENDENT PERSONS CHARGED WITH CRIME
88-407.1 Emergency Treatment of Persons in Police Custody.
(a) A person in police custody shall be referred to emergency medical services if he appears to be (1) incapacitated by a controlled substance, or (2) drug-dependent and undergoing withdrawal or experiencing medical complications.
(b) A person in police custody who appears to the police to be covered by subsection (a) shall be taken promptly, after pre liminary identification, to an emergency treatment facility where the physician in charge of emergency medical services shall deter mine as soon as practicable whether emergency treatment is needed. Unless the physician determines that the person needs emergency treatment, he shall be released from the facility as soon as possible for processing in the same manner as any other person charged with a crime, but not later than twenty-four hours after entering the treatment facility. If the person needs emergency treatment, the police and the person shall be notified and the person shall be admitted to an appropriate facility for diagnosis and emergency treatment. A person being treated under this Section shall be re leased for processing in the same manner as any other person charged with a crime within forty-eight hours after entering the treatment facility, unless he, the police, and the physician in charge agree to a longer period.
(c) Appearance before the appropriate judicial officer may be delayed while a person charged with a crime is being treated under this Section.

88-407.2 Drug Dependence Screening of Persons in Police Cus tody.

(a) After preliminary police processing and a reasonable op portunity to consult with counsel, a person in police custody who states that he is drug-dependent or who appears to the police to be drug-dependent, shall be screened for possible drug dependence through procedures specified by the Department of Human Re sources. The screening procedures may include urinalysis, other medically reliable methods of detecting the presence of a controlled substance in the body, and personal interviews by trained person nel. The person and his counsel, if any, shall be notified of the results of the screening procedure within twenty-four hours after its completion or at the time the person is taken before the appro priate judicial officer, whichever is earlier.

(b) A person in police custody, who appears to be drug-depen dent after the screening procedures or after diagnosis under 88-407.1

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may request at the appropriate proceeding in the criminal process that, either in lieu of bail or as a condition of release on bail, he be referred to a treatment facility for complete diagnosis and treat ment. In considering the request and the conditions of treatment to be imposed if the request is granted, the appropriate judicial officer may consider the recommendation of the screening personnel.

(c) The appropriate judicial officer may defer final judgment on a request filed under subsection (b) in order to obtain further medical diagnosis by personnel of a treatment facility. Within the time specified by the appropriate judicial officer, the program director in charge of the treatment facility shall return to the judicial officer his diagnosis and treatment recommendations. Upon receiving this additional information, a decision will be made re garding the request and the person will be notified.

88-407.3 Screening and Diagnosis During Later Proceedings.

(a) A person in police custody at any time before trial who states that he is drug-dependent, or who appears to the police or prosecutor to be drug-dependent, shall be screened as prescribed by Section 88-407.2. A person who appears to be drug-dependent after screening may be referred upon his request for diagnosis and treat ment under Section 88-407.2(b).
(b) If during trial the court determines that a defendant is incapacitated by a controlled substance or is unable to continue because of the effects of drug dependence, it shall stay the pro ceedings and refer the defendant for diagnosis and treatment under Section 88-407.1 or 88-407.2.
88-407.4 Treatment in Lieu of Prosecution.
(a) Persons diagnosed to be drug-dependent under Section 88-407.1 or 88-407.2 and who are charged with a misdemeanor or first offense drug possession may file, before trial, with the district attorney or solicitor general a written request to hold in abeyance the criminal charges for the purpose of being diverted into a drugabuse treatment program.
(b) If the prosecutor grants the defendant's request, he shall notify the court and the defendant will sign a waiver of the right to a speedy trial. Unless the court orders otherwise, a criminal charge held in abeyance under this Section may be dismissed after expiration of the lesser of 180 days or the maximum permissible period of incarceration for the offense charged, both beginning with the date of arrest.
(c) The treatment program shall submit monthly reports to the prosecutor indicating whether or not the defendant, is adhering to the program and showing progress.
(d) This Section may only be utilized on one occasion by a

MONDAY, FEBRUARY 11, 1974

877

defendant and may not be utilized at all if a person subject to this Act has previously been granted first offender disposition of a criminal case and has had further proceedings of such case deferred under the provisions of Sections 27-2727 through 28-2732 or Section 79A-9917 of the Georgia Code Annotated.

88-407.5 Treatment in Lieu of Entry of Judgment.

(a) Persons diagnosed to be drug-dependent under Sections 88-407.1 or 88-407.2 and who have pleaded guilty to or been found guilty of a misdemeanor or first offense drug possession may, be fore entry of judgment, move the court to order treatment in lieu of entry of judgment.

(b) If the court finds that based on the person's history and circumstances and based on the availability of adequate treatment there is a reasonable chance for successful treatment and protection of the public, it may grant the motion.

(c) If the motion is granted, the treatment program shall sub mit monthly reports to the judge indicating whether or not the defendant is adhering to the program and showing progress.

(d) The criminal proceedings against a person diverted under this Section shall be held in abeyance until they are dismissed or reinstated by the court. Upon successful completion of a treatment program by a person diverted under this Section, the court may dismiss the proceedings against that person.

88-407.6 Treatment as a Condition of Probation for Convicted Persons.
(a) A person diagnosed to be drug-dependent under Section 88-407.1 or 88-407.2 who has been convicted of a misdemeanor or first offense drug possession may request the court to defer impo sition of a prison sentence to a term of probation, on condition that he participate in the treatment program. In determining whether to order probation and the conditions thereof, the court may obtain and consider the recommendation of the screening personnel.

(b) If granted, the treatment program shall submit monthly reports to the probation officer indicating whether or not the de fendant is adhering to the program and showing progress.

(c) Absconding from the program or evidence of continued drug abuse will be a violation of the conditions of probation and will be treated accordingly by the probation officer.

88-407.7 Treatment of Drug-Dependent Persons on Conditional Release.
(a) A person may be released on conditional terms from any correctional institution with a condition that he participate in an

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approved treatment program and may be required to submit to periodic urinalysis or other medically accepted means of detecting the presence of a controlled substance in the body. If, in the judg ment of the program in charge of his treatment, a person fails to conform to the conditions of treatment, the Board of Parole shall decide whether to retain, restrict, or revoke parole or other con ditional release according to what is more consistent with the treat ment of the person and the safety of the community.

(b) If required for effective treatment, a person placed on con ditional release may be transferred from one treatment facility to another.
(c) The treatment program shall report monthly to the parole officer on compliance with the conditions of treatment by persons participating in the program under this Section.

88-407.8 Applicability to Juveniles. The disposition of a drugdependent person who is a juvenile should, whenever possible, be handled in a manner consistent with this Chapter."

Section 4. This Act shall become effective on July 1, 1974.

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 36, nays 0, and the substi tute was adopted.

Senator Thompson of the 32nd moved that SB 617 be postponed for fifteen minutes.
On the motion, the ayes were 15, nays 17; the motion was lost, and SB 617 was not postponed for fifteen minutes.

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, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Brown of 47th Carter Coverdell

Dean Duncan Eldridge

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879

Fincher Garrard Hamilton Henderson Herndon Hill Holloway Howard Hudgins Jackson

Johnson Kennedy Kidd Langford London McDuffie McGill Overby Parker Riley

Rowan Salter Smalley Starr Stephens Tysinger Ward Wasden Young

Those voting in the negative were Senators:

Cox Doss Moore

Reynolds Smith Sutton

Thompson Warren

Those not voting were Senators:

Broun of 46th Cleland Coggin Gillis (presiding)

Holley Lester Skene

Summers Webb Zipperer

On the passage of the bill, the ayes were 38, nays 8.

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

Senator Barker of the 18th moved that SB 617 be immediately transmitted to the House.

On the motion, the ayes were 29, nays 0; the motion prevailed, and SB 617 was immediately transmitted to the House.

The following resolution of the Senate, having been defeated on February 6, 1974, and reconsidered on February 7, was put upon its adoption:

SR 293. By Senator Jackson of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt from all ad valorem taxation real property of a significant historical value

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which has been restored or reconstructed, which is open to the public and which is certified by the Department of Natural Resources; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following1 para graph:
"There shall be exempt from all ad valorem taxation real prop erty of a significant historical value which has been restored or reconstructed, which is open to the public and which is certified by the Department of Natural Resources as a significant historical site, the maintenance of which will enrich the history of the State."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to exempt from all ad valorem taxation real property of a sig-
( ) NO nificant historical value which has been restored or reconstructed, which is open to the public, and which is certified by the Department of Natural Resources as a significant historical site, the maintenance of which will enrich the history of the State?"
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 following amendment to SR 293, offered by Senator Johnson of the 38th, was adopted by the Senate on February 6, 1974.
By adding on Page 1, line 4, between the words "public" and "and" the following:
"and is operated by an income tax exempt, non-profit entity";
And by adding on Page 1, line 15, between the words "public" and "and" the following:
"and is operated by an income tax exempt, non-profit entity".

MONDAY, FEBRUARY 11, 1974

881

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 by Senator Gillis of the 20th, who was presiding', and the vote was as follows:

Those voting' in the affirmative were Senators:

Ballard Brown of 47th Carter Coverdell Cox Dean Duncan Eldridge Fincher Gillis Hamilton Henderson Hill

Holloway Howard Hudg-ins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Parker

Those voting in the negative were Senators:

Bell Doss Garrard

Herndon Overbv

Those not voting were Senators:

Barker Broun of 46th Cleland Cofi-gin

Holley Langford Skene Smith

Reynolds Riley Rowan Salter Starr Stephens Thompson Tysinger Ward Warren Wasden Young
Sm alley Sutton
Summers Webb Zipperer

On the adoption of the resolution, the ayes were 37, nays 7; Senator Gillis of the 20th, who was presiding, voted "aye" and the vote became ayes 38, nays 7.

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

Senator Holley of the 22nd assumed the Chair.

The following bills and resolutions of the Senate and House, favorably re ported by the committees, were read the third time and put upon their passage:

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SB 618. By Senator Wasden of the 2nd:
A bill to provide that in all counties of this State having a population of not less than 168,000 and not more than 196,000 according to the U. S. Decennial Census of 1970 or any future such census, and in all municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully autho rized, such sales for consumption on the premises shall be authorized during certain hours.

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, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Carter Cleland Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie Moore

Overby Parker Reynolds Riley Rowan Salter Smith Starr Stephens Sutton Tysinger Ward Wasden Young

Those voting in the negative were Senators:

Ballard Brown of 47th

Smalley

Thompson

Those not voting were Senators:

Broun of 46th Coggin Holley (presiding) Langford

McGill Skene Summers

Warren Webb Zipperer

On the passage of the bill, the ayes were 42, nays 4.

MONDAY, FEBRUARY 11, 1974

883

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

SB 535. By Senators Gillis of the 20th, McDuffie of the 19th and Summers of the 53rd:
A bill to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to change the amount of creditable service which a member must have to be eligible to retire; to provide for other matters relative thereto.

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS State of Georgia

February 4, 1974

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Senate Bill 535

Please attached a copy of letter from Mr. Wesley H. Rucker, Execu tive Secretary-Treasurer, Teachers Retirement System, which we feel is self-explanatory.

Isi E. B. Davis Ernest B. Davis, State Auditor
,/s/ James T. Mclntyre, State Planning & Budget Officer

TEACHERS RETIREMENT SYSTEM State of Georgia
254 Washington Street, S.W., Phone 656-2954 Atlanta, Georgia 30334

January 31, 1974

MEMORANDUM

TO: FROM:

The Honorable Paul Coverdell, Chairman Senate Retirement Committee
Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia

SUBJECT: Senate Bill 535.

This bill would permit members of the Teachers Retirement System

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to become eligible for service retirement on a progressive basis if they are less than 60 years of age, as follows:

Prior to July 1, 1974 July 1, 1974 to June 30, 1975 July 1, 1975 to June 30, 1976 On or after July 17, 1976

Number of Years Required
35 33 31 30

We estimate that the approximate cost of the provisions of this bill to the State for the Fiscal Year 1974-75 would be $481,500.

The approximate cost to the State for the Fiscal Year 1975-76 would be $1,125,000.

The approximate cost to the State for the Fiscal Year 1976-77 and succeeding years would be $1,440,000.

TEACHERS RETIREMENT SYSTEM State of Georgia
254 Washington Street, S.W., Phone 656-2954 Atlanta, Georgia 30334

Corrected Fiscal Note

February 8, 1974

MEMORANDUM

TO:

The Honorable Paul D. Coverdell, Chairman

Senate Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia

SUBJECT: Committee Substitute to Senate Bill 535

This bill would permit members of the Teachers Retirement System to become eligible for service retirement on or after July 1, 1974 with 33 or more years of creditable service regardless of age. (Present law requires members to be 60 years of age or have 35 or more years of creditable service.)

We have determined that this bill could be financed by increasing the employer contributions rate .087'.; (from 8.5','r of payroll to 8.58%). The approximate cost to the State for the Fiscal Year 1974-75 would be $481,500.

The cost to the State for Fiscal Year 1975-76 and succeeding years would be .087% of the State salaries to teachers payable during the particular year.

MONDAY, FEBRUARY 11, 1974

885

The Senate Committee on Retirement offered the following substitute to SB 535:

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, so as to change the amount of creditable service which a member must have to be eligible to retire; to provide for other matters relative thereto; to provide that this Act shall not become effective until funds are available to implement the provisions of this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by striking paragraph (a) of subsection (1) of Section 5 in its entirety and inserting in lieu thereof a new paragraph (a) to read as follows:

"(a) Any member in service may rctir.c upon written applica tion to the Board of Trustees provided that the said member at the time of retirement shall have attained the age of 60 years and shall have 10 years or more of creditable service, or shall have 35 years or more of creditable service if such person retires prior to July 1, 1974, or shall have 33 years or more of creditable service if such person retires on July 1, 1974, or at any time thereafter. The ef fective date of retirement will be the first of the month in which the application is received by the Board of Trustees; however, no retire ment application will be effective earlier than the first of the month following the final month of the applicant's employment. Applica tions for retirement will not be accepted more than 90 days in advance of the effective date of retirement."

Section 2. This Act shall not become effective until funds are avail able to implement the provisions of this Act.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senators Duncan of the 30th, Gillis of the 20th and McDuffie of the 19th offered the following amendment:
Amend the committee substitute to SB 535 by inserting in the title in line 5 on Page 1 between "retire;" and "to" the following:
"to change the provisions relative to reduction of benefits;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and by adding a new Section 2 to read as follows:

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"Section 2. Said Act is further amended by striking paragraph (c) of subsection (2) of Section 5 in its entirety and substituting in lieu thereof a new paragraph (c) to read as follows:

'(c) In the case of the retirement of any member who has less than 35 years of creditable service, if such member retires prior to July 1, 1974, or less than 33 years of creditable service if such mem ber retires on or after July 1, 1974, or who has not attained the age of 62 years, the service allowance above described shall be re duced by 1/12 of S'/'i for each month by which his age at the time of retirement is below 62 years. The aforesaid reduction shall not apply in calculating the service allowance for disability retirement or death. Any retirement benefits or allowances provided or au thorized by this Act shall not increase the employer contributions beyond the percentage of 9.0CH < of teachers' salaries.' "

On the adoption of the amendment, the ayes were 39, nays 3, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the ayes were 40, nays 2, and the committee substitute was adopted as amended.

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

On the passage of the bill, Senator Ho'iley of the 22nd, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie Moore Overby Parker

Reynolds Riley Rowan Salter Skene oiiialley Smith Starr Stephens Sutton Thompson Ward Wasden Young Zipperer

MONDAY, FEBRUARY 11, 1974

887

Those voting in the negative were Senators:

Coverdell

Tysinger

Warren

Those not voting were Senators:

Coggin Herndon

Holley (presiding) McGill

Summers Webb

On the passage of the bill, the ayes were 47, nays 3.

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

Senator Gillis of the 20th moved that SB 535 be immediately transmitted to the House.

On the motion, the ayes were 29, nays 0; the motion prevailed, and C ^B 535 was immediately transmitted to the House.

SB 503. By Senators Lester of the 23rd, Thompson of the 32nd and fbx of the 21st:
A bill to amend an Act known as the "Litter Control Law" approved March 20, 1970 (Ga. Laws 1970, p. 494), so as to change the penalty for littering.

The Senate Committee on Highways offered the following substitute to SB 503:
A BILL
To be entitled an Act to amend an Act known as the "Litter Con trol Law", approved March 20, 1970 (Ga. Laws 1970, p. 494), as amended by an Act approved April 13, 1971 (Ga. Laws 1971, p. 886), so as to change the penalty for littering: 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 "Litter Control Law", approved March 20, 1970 (Ga. Laws 1970, p. 494), as amended by an Act approved April 13, 1971 (Ga. Laws 1971, p. 88G), is hereby amended by striking

JOURNAL OF THE SENATE,
Section 5 in its entirety and inserting in lieu thereof a new Section 5, to read as follows:
"Section 5. Penalties, (a) Any person violating the provisions of Section 4 of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:
(1) by a fine of not less than $25.00 and not more than $300.00; or
(2) in the sound discretion of any court in which conviction is obtained, any such person may be directed to pick up and remove from any public street or highway or public right-of-way for a distance not to exceed one mile any litter he has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or
(3) in the sound discretion of the judge of any court in which conviction is obtained, any such person may be directed to pick up and remove from any public beach, public park, private right-ofway, or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that he has de posited litter, 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 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 commit tee 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 Holley of the 22nd, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th

Carter Clcland Coverdell Cox

Dean Doss Duncan Eldridge

MONDAY, FEBRUARY 11, 1974

889

Garrard Gillis Hamilton Henderson Herndon Hill Holloway Howard Hudgins Johnson Kennedy

Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Rilev

Rowan Smalley Smith Starr Stephens Sutton Thompson Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Coggin Fincher Holley (presiding)

Jackson Salter Skene Summers

Ward Wasden Webb Zipperer

On the passage of the bill, the ayes were 44, nays 0.

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

SB 642. By Senator Smith of the 34th: A bill to amend Title 34A, relating to municipal elections, as amended, so as to change the time within which registrars shall cease taking ap plications for registrations; to provide for the publication of notices of special elections; to provide the procedures connected therewith.
Senator Sutton of the 9th offered the following amendment:
Amend SB G42 by inserting in line 5 of Page 1, after the word "elections;", the following:
"to provide that it shall be unlawful to fail to allow the inspec tion of certain petitions; to provide for penalties;".
By renumbering Section ','> as Section 4, and by inserting following Section 2 a new Section 3 to read as follows:
"Section 3. Said Title is further amended by inserting after Section 34A-1601, the following:
'Section 34A-1602. It shall be unlawful for any person in whose custody a petition calling for any municipal special election has

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JOURNAL OF THE SENATE,

been placed to fail or refuse to allow the lawful inspection of such petition. Any person who shall violate this Section shall be guilty of a felony and, upon conviction thereof, shall be punished by im prisonment for not less than one year nor more than five years.' ".

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 Holley of the 22nd, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overbv

Parker Reynolds Riley Rowan Salter Smalley Smith Stephens Button Thompson Tysinger Ward Warren Wasden Young

Those not voting were Senators :

Broun of 46th Coggin Duncan

Holley (presiding Skene Starr

Summers Webb Zipperer

On the passage of the bill, the ayes were 47, nays 0.

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

MONDAY, FEBRUARY 11, 1974

891

SB 646. By Senator Tysinger of the 41st:
A bill to amend Code Chapter 84-3, relating- to architects, as amended, so as to change the provision defining the practice of architecture.

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, who was presiding-, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland Coverdell Cox Dean Doss Duncan Eldridge Finchcr Garrard Gillis Hamilton Henderson

Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffic McGill Moore Overby

Parker Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Young

Those not voting- were Senators:

Broun of 46th Coggin Holley (presiding)

Skenc Summers WT ebb

Zipperer

On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Tysinger of the 41st moved that SB 646 be immediately transmitted to the House.
On the motion, the ayes were 36, nays 0; the motion prevailed, and SB 646 was immediately transmitted to the House.

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JOURNAL OF THE SENATE,

SB 608. By Senator Hudgins of the 15th:
A bill to amend an Act creating the Department of Public Safety ap proved Mar. 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to pro vide for incentive pay increases for certain members of the Department of Public Safety; to provide the procedure connected therewith.

The Committee on Appropriations offered the following amendment:
Amend SB 608 by striking on Page 2, line 6, the words "professional fields," and inserting in lieu thereof the words "law or criminal justice,".

On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted.

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

On the passage of the bill, Senator Holley of the 22nd, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland Covcrdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overbv

Parker Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Young

Those not voting were Senators :

Broun of 46th Coggin Holley (presiding)

Skene Summers

Webb Zippert

On the passage of the bill, the ayes were 49, nays 0.

MONDAY, FEBRUARY 11, 1974

893

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

SR 328. By Senators Hudgins of the 15th, Coggin of the 35th, Riley of the 1st and others:
A resolution relative to veteran's drivers' licenses.

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

On the adoption of the resolution, Senator Holley of the 22nd, who was pre siding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Hill Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Smalley Smith ' Starr Stephens Sutton Thompson Tvsinger Ward Warren Wasdcn Young

Those not voting were Senators :

Broun of 46th Coggin Holley (presiding)

Holloway Skene Summers

Webb Zipperer

On the adoption of the resolution, the ayes were 48, nays 0.

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

894

JOURNAL OF THE SENATE,

SB 615. By Senator Kidd of the 25th:
A bill to provide for a requirement of American citizenship for appoint ment to any governmental position that participates directly in the formulation, execution or review of public policy.

Senator Garrard of the 37th offered the following amendment: Amend SB 615 by adding on line 14, Page 1 before the word "any"
and after the word "department" the word "or"; and by deleting on lines 14 and 15, Page 1, the following: ", or any political subdivision"; and by deleting on line 21, Page 1 the following: "or a political subdivision thereof"; and by deleting on lines 3 and 4, Page 4 the following: "or any political subdivision thereof"; and by deleting on Page 4, line 5 the following: "or political subdivisions".

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

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

On the passage of the bill, Senator Holley of the 22nd, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland Coverdell

Cox Dean Doss Duncan Fincher Garrard Gillis

Hamilton Henderson Herndon Hill Holloway Howard Jackson

Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore

MONDAY, FEBRUARY 11, 1974

895

Overby Parker Reynolds Riley Rowan Salter Smith Starr

Stephens Sutton Thompson Tysinger Ward Warren Wasden Young-

Voting' in the negative were Senators Eldridg'e and Smalley.

Those not voting were Senators :

Broun of 46th Coggin Holley (presiding)

Hudgins Skene Summers

Webb Zipperer

On the passage of the bill, the ayes were 40, nays 2.

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

SB 613. By Senator Fincher of the 54th:
A bill to amend Code Title 79A, relating' to pharmacists, pharmacy and drugs, as amended, so as to change certain definitions; to change the provisions relating to information required on prescriptions and labels on containers; to repeal conflicting laws.

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, who was presiding', ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter

Cleland Coverdell Cox Dean Doss

Duncan Eldridge Fincher Garrard Gillis

896
Hamilton Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester

JOURNAL OP THE SENATE,

London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan
Smallev

Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Young

Those not voting were Senators:

Broun of 46th Coggin Henderson Herndon

Holley (presiding) Salter Skene

Summers Webb Zipperer

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.
SB 625. By Senator Riley of the 1st:
A bill to amend an Act approved Apr. 13, 1973 (Ga. Laws 1973, p. 750), and known as the "Georgia State Financing and Investment Commis sion Act"; to declare the Ga. State Financing and Investment Commis sion to be an agency and instrumentality of the State of Georgia; to provide that appropriations for general obligation debt will not immedi ately lapse if only a portion of the debt authorized by the General As sembly is issued by the Georgia State Financing and Investment Com mission.

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, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Brown of 47th Carter Coverdell

Cox Dean Doss

MONDAY, FEBRUARY 11, 1974

897

Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Hill Holloway Howard Hudgins Jackson

Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Parker Reynolds Riley

Rowan Salter Smalley Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Young

Those not voting were Senators:

Broun of 46th Cleland Coggin Herndon

Holley (presiding) Overby Skene Smith

Summers Webb Zipperer

On the passage of the bill, the ayes were 45, nays 0.

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

SR 344. By Senators McDuffie of the 19th and Barker of the 18th: A resolution authorizing the conveyance of certain State-owned real property located in Pulaski County, Georgia.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, Senator Holley of the 22nd, who was pre siding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coverdell Cox Dean

Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd

898
Langford Lester London McDuffie McGill Moore Overby Parker

JOURNAL OF THE SENATE,

Reynolds Riley Rowan Salter Smalley Smith Starr Stephens

Sutton Thompson Tysinger Ward Warren Wasden Young

Those not voting were Senators:

Broun of 46th Cleland Coggin

Herndon Holley (presiding) Skene

Summers Webb Zipperer

On the adoption of the resolution, the ayes were 47, nays 0.

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

SR 322. By Senators Overby of the 49th, Garrard of the 37th, Ward of the 39th and others:
A resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. Laws 1973, p. 70), so as to change membership of the Metropolitan Atlanta Rapid Transit Over view Committee; to direct the State Department of Transportation to assist the Committee.

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

On the adoption of the resolution, Senator Holley of the 22nd, who was pre siding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter Coverdell Cox Dean Duncan

Eldridge Fincher Garrard Gillis Hamilton Henderson Hill Holloway

Howard Hudgins Jackson Kennedy Kidd Langford Lester McDuffie

McGill Moore Overby Parker Reynolds Riley

MONDAY, FEBRUARY 11, 1974

899

Rowan Salter Starr Stephens Sutton

Thompson Tysinger Warren Wasden Young

Those voting in the negative were Senators:

Doss Johnson

Skene Smalley

Ward

Those not voting were Senators:

Ballard Broun of 46th Cleland Coggin

Herndon Holley (presiding) London Smith

Summers Webb Zipperer

On the adoption of the resolution, the ayes were 40, nays 5.

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

HB 1108. By Mr. Cole of the 6th:
A bill to amend an Act known as the "Georgia Retailers' and Consum ers' Sales and Use Tax Act", so as to provide that when any dealer shall fail to make any return where wilful intent to defraud the State exists shall pay a specific penalty of 50' '< of the tax bill.

Senator Holloway of the 12th offered the following- substitute to HB 1108:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to provide that when any person, with wilful intent to defraud the State of any tax due under this Act, shall fail to make any return or files a false or fraudu lent return, such dealer shall pay, in addition to other penalties, a spe cific penalty of fifty percent (50 r/r) of the tax due; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

900

JOURNAL OP THE SENATE,

Section 1. An Act known as the "Georgia Retailers' and Consum ers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by striking the last sen tence from Section 16(c) of said Act, which reads as follows:

"In the case of a false or fraudulent return, where wilful intent exists to defraud the State of any tax due under this Act, a spe cific penalty of fifty percent (509J) of the tax bill shall be as sessed.",

and inserting in lieu thereof following:

"In the case of a false or fraudulent return or the failure to file a return, where wilful intent exists to defraud the State of any tax due under this Act, a specific penalty of fifty percent (50%) of the tax due shall be assessed."

Section 2. This Act shall become effective on April 1, 1974.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 39, nays 0, and the 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, Senator Holley of the 22nd, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter Cleland Coverdell Cox Dean Doss Eldridge Garrard Gillis Hamilton Henderson Herndon

Hill Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Young

MONDAY, FEBRUARY 11, 1974

901

Those not voting were Senators:

Ballard Broun of 46th Coggin Duncan

Fincher Holley (presiding) Johnson Salter

Summers Webb Zipperer

On the passage of the bill, the ayes were 45, nays 0.

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

HB 1305. By Mr. Wheeler of the 13th:
A bill to amend Code Section 95A-959, relating to weights of vehicles and loads, so as to change certain exception provisions; to change the gross weight provisions; to provide an exception for the hauling of granite from the quarry to the processing plant.

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, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore

Parker Reynolds Riley Rowan Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Young

902

JOURNAL OF THE SENATE,

Those not voting were Senators :

Ballard Coggin Holley (presiding)

Overby Salter Summers

Webb Zipperer

On the passage of the bill, the ayes were 48, nays 0.

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

The President resumed the Chair.

HB 1326. By Mr. Adams of the 14th:
A bill to amend an Act creating the Department of Public Safety, so as to prescribe categories and salaries for driver's license examiners; to provide for furnishing of uniforms; to provide for promotion.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coverdell Cox
Dean
Doss
Eldridge
Fincher
Garrard
Gillis
Hamilton
Henderson
Herndon
Hill

Holley Holloway Howard Hudgins Jackson Johnson Kennedy
Kidd
Langford
Lester
London
McDuffie
McGill
Overby
Parker
Reynolds

Riley Rowan Salter Skene Smalley Smith Starr
Stephens
Sutton
Thompson
Tysinger
Ward
Warren
Wasden
Young
Zipperer

MONDAY, FEBRUARY 11, 1974

903

Those not voting were Senators:

Ballard Cleland Cog-gin

Duncan Moore

Summers Webb

On the passage of the bill, the ayes were 49, nays 0.

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

The following bill of the House was read the first time and referred to the committee:

HB 1302. By Mr. Brantley of the 92nd:
A bill to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to change and clarify the composi tion of certain Representative Districts.
Referred to the Committee on Economy, Reorganization and Efficiency in Government.

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.

904

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Tuesday, February 12, 1974

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today, and was called to order by the President Pro Tempore, Senator Gillis of the 20th.
Senator Young of the 13th reported that the journal of yesterday's proceed ings had been read and found correct.
Senator Herndon of the 10th moved that the Senate reconsider its action of February 11 in defeating the following bill of the Senate:
SB 604. By Senator Webb of the llth: A bill to amend Code Title 9, relating to attorneys at law, as amended, so as to require all persons seeking admission to the bar to take an ex amination; to repeal provisions relating to admission by comity; to pro vide an effective date.
On the motion to reconsider, the ayes were 32, nays 0; the motion prevailed, and SB 604 was placed on the Senate Calendar.
Senator Smith of the 34th moved that the Senate reconsider its action of February 11 in defeating the following bill of the Senate:
SB 554. By Senator Smith of the 34th: A bill to amend Code Section 26-2001, relating to the crime of rape, so as to provide that when a person shall be convicted of rape and the punishment imposed shall not be death, such person shall also be sen tenced to the surgical removal of his testicles.
On the motion to reconsider, the ayes were 29, nays 2; the motion prevailed, and SB 554 was placed on the Senate Calendar.
By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
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:

TUESDAY, FEBRUARY 12, 1974

905

HB 1585. By Messrs. Miles of the 79th, Mulherin of the 81st, Dent of the 78th and others:
A bill to authorize the collection and payment of certain taxes on tan gible property, other than motor vehicles, in certain counties and mu nicipalities, in installments.

HB 1667. By Mr. Connell of the 80th:
A bill to amend an Act providing for the permanent tenure for certain officers and employees of Richmond County, so as to exempt certain offi cers and employees from the operation of the Act; to provide for rules of probation of present officers and employees affected by the Act.

HB 1666. By Mr. Connell of the 80th:
A bill to amend an Act entitled "An Act to create a Board of Commis sioners for Roads and Revenues for the County of Richmond", so as to provide for a clerk and an attorney for the board.

HB 1668. By Mr. Connell of the 80th: A bill to create the Augusta-Richmond County Charter Commission.

HB 1669. By Mr. Connell of the 80th:
A bill to amend an Act creating a merit system in Richmond County for the employees of Richmond County, so as to provide for the duties and functions of the merit system council.

HB 1766. By Mr. Snow of the 1st:
A bill to create a new Charter for the City of Rossville in the County of Walker; to amend, consolidate, and supersede all laws in force relating to said city; to provide for incorporation.

HB 1828. By Messrs. Bohannon and Patterson of the 64th:
A bill to incorporate the City of Temple in the County of Carroll; to create a charter for said city.

HB 1830. By Mr. Shanahan of the 7th:
A bill to provide for the office of Commissioner of Gordon County; to provide the procedures connected therewith; to repeal an Act creating the office of Commissioner of Gordon County, approved August 4, 1920.

906

JOURNAL OF THE SENATE,

HB 1838. By Messrs. Jessup, Larsen and Coleman of the 102nd:
A bill to amend an Act placing the Sheriff of Pulaski County upon an annual salary, so as to change the compensation provisions relating to the deputy sheriff.

HB 1840. By Messrs. Wheeler and Grantham of the 127th:
A bill to authorize and empower the City of St. Marys, Ga. after aban doning and closing certain streets as provide by law, to execute and deliver its deed conveying the title to said abandoned and closed streets to the person or persons lawfully entitled to same; to repeal conflicting laws.

HB 1842. By Messrs. Rainey of the 115th, Jessup of the 102nd and others:
A bill to create the office of assistant court reporter in certain judicial circuits of this State; to provide for the appointment, powers, duties, compensation and expenses of the assistant court reporter; to provide for the payment of the compensation and expenses of the assistant court reporter and the levying of taxes for such purpose; to provide for other matters relative to the foregoing.

HB 1849. By Mr. Dollar of the 63rd:
A bill to create the Douglasville-Douglas County Water Authority; to authorize the Authority to acquire, construct, add to, extend, improve, equip, operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities; to confer powers and impose duties on the Authority.

HB 1852. By Mr. Groover of the 75th: A bill creating the establishing a small claims court for Monroe County, to be known as the Small Claims Court of Monroe County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensa tion, qualifications, substitution and tenure of the office of the judge of such Small Claims Court.
HB 1857. By Mr. Roach of the 8th: A bill to amend an Act creating the Cherokee County Water Authority, approved March 7, 1955, as amended, so as to change the name of said Authority.
HB 1858. By Mr. Roach of the 8th and others: A bill to amend an Act creating the office of commissioner of Dawson

TUESDAY, FEBRUARY 12, 1974

907

County so as to change the compensation of the commissioner of Dawson County; to provide an effective date.

HB 1859. By Mr. Roach of the 8th and others:
A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner; to provide an effective date.

HB I860. By Messrs. Roach, Harris and Thomason of the 8th:
A bill to amend an Act placing- the sheriff of Dawson County upon an annual salary, as amended, so as to change the compensation of the sheriff and his deputies; to provide an effective date.

HB 1252. By Mr. Walker of the 100th:
A bill to amend Code Section 49-605, relative to duties of the ordinary in connection with discharge from treatment facility, termination of guardianship and restoration to mental health, so as to change the pro visions relative to restoration to mental mealth.

HB 1265. By Messrs. Rogers and Harden of the 128th:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, so as to provide that no policy of liability insurance shall be issued or delivered in this State unless it contains provision to the ef fect that the insolvency or bankruptcy of the insured shall not release the insurer from payment of damages.

HB 1299. By Mr. Adams of the 14th:
A bill to amend an Act regulating the sale of admission tickets to athletic contests of the colleges in the University System of Georgia, so as to repeal the provisions of said Act which make the sale of such tickets in any unauthorized place or manner unlawful.

HB 1342. By Messrs. Harris of the 51st and Patten of the 124th:
A bill to regulate the practice of speech pathology and audiology; to to create the Board of Examiners for Speech Pathology and Audiology.

HB 1428. By Messrs. Northcutt of the 68th and Wheeler of the 13th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Geor gia and providing for a retirement system for the sheriffs of Georgia, so

908

JOURNAL OF THE SENATE,

as to provide for the payment of death benefits to members of such fund and member sheriffs receiving retirement benefits from such fund.

HB 1429. By Messrs. Northcutt of the 68th and Wheeler of the 13th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Geor gia and providing for a retirement system for the sheriffs of Georgia, so as to provide options for the payment of retirement benefits; to pro vide for the selection of an option and the method and proceedure for selection of an option by those who become eligible to receive retire ment benefits from and after the effective date of this Act.

HB 1556. By Messrs. Petro of the 46th and Bostick of the 123rd: A bill to provide for the regulation of private employment agencies.

HB 1736. By Mr. Burruss of the 21st:
A bill to prohibit certain unauthorized transfers and reproductions of recorded material; to prohibit distribution and sale of such unauthorized transfers and reproductions of recorded materials; to provide certain exceptions; to provide penalties.

HB 1532. By Mr. Snow of the 1st and others:
A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing procedure for a review of assessments made by county boards of tax assessors, so as to provide that alternate members of the board of equalization, in the order in which selected, shall serve in any appeal at a regularly scheduled or called meeting in the absence of a members.

The House has adopted by the requisite constitutional majority the followingresolutions of the House, to-wit:

HR 513. By Mr. Connell of the 80th and others:
A resolution proposing an amendment to the Constitution so as to per mit the governing authority of the County of Richmond to appropriate property, money and services for the purpose of advertising and pro moting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Richmond County, and for the purpose of promoting and encouraging the location and expansion of industrial facilities and attracting tourists and conventions to county.

HR 624. By Messrs. Wood, Whitmire and Williams of the 9th:
A resolution proposing an amendment to the Constitution so as to au thorize and empower the Board of Commissioners of Forsyth County to levy, assess and collect a license fee from any person, firm or corpora-

TUESDAY, FEBRUARY 12, 1974

909

tion who may maintain a place of business or who may in any manner engage in any type of business in any area of Forsyth County out side the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Forsyth County.

HR 487. By Mr. McDonald of the 12th:
A resolution proposing an amendment to the Constitution so as to em power the members of the Division of Investigation of the Department of Public Safety or of any successor agency to such Division to make ar rests, serve and execute warrants and enforce those criminal laws of the State of Georgia involving felonies within the boundaries of Jackson County.

HR 511. By Mr. Egan of the 25th and others:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law, from time to time, for the increase of retirement or pension benefits of retired public school teachers who retired pursuant to a retirement pension system of a county, municipality or local board of education.

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

SB 678. By Senator Kidd of the 25th: A bill to amend an Act placing the Ordinary of Wilkinson County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation allowable to the ordinary for clerical assistants.
Referred to Committee on County and Urban Affairs.
SB 679. By Senator Kidd of the 25th: A bill to amend an Act creating county courts in certain designated counties of this State, as amended, so as to change the salary of the Judge of the County Court of Baldwin County; to provide for the pay ment of operating expenses of the office of the judge; to change the salary of the Solicitor of the County Court of Baldwin County; to pro vide that the offices of the judge and solicitor shall be elective offices.
Referred to Committee on Countv and Urban Affairs.
SB 680. By Senator Kidd of the 25th: A bill to authorize the State or any county, municipality or other politi cal subdivision to defer an employee's compensation; to authorize the

910

JOURNAL OF THE SENATE,

State or any county, municipality or other political subdivision, to use such deferred compensation to provide a tax deferred compensation plan for such employee; to define the term "employee"; to provide for the administration of a deferred compensation program.
Referred to Committee on County and Urban Affairs.

SB 681. By Senator Holley of the 22nd:
A bill to amend an Act creating the Executive Board of the Georgia World Congress Center.
Referred to Committee on Appropriations.

SB 682. By Senators Skene of the 27th, Webb of the llth, Herndon of the 10th and others:
A bill to amend an Act comprehensively and exhaustively revising, su perseding and modernizing pretrial, trial and certain post trial proce dures in civil cases, as amended, so as to change the provisions relating to default judgments; to provide for other matters relevant thereto.
Referred to Committee on Special Judiciary.

SB 683. By Senator Holloway of the 12th:
A bill to amend an Act relating to the representation of State Authori ties by the Attorney General, so as to provide that the provisions thereof shall be applicable to the Georgia State Financing and Invest ment Commission.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 684. By Senator Skene of the 27th:
A bill to amend Code Section 56-1103, relating to deposits required for authority to transact insurance, so as to change provisions relating to which securities may be used for deposits.
Referred to Committee on Banking and Finance.

SB 685. By Senators Coverdell of the 40th, Garrard of the 37th, Smith of the 34th and others:
A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to change the provisions relative to commis sioner districts; to provide for filling vacancies; to provide for all mat ters relative to the foregoing; to provide an effective date.
Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 12, 1974

911

SB 686. By Senator Henderson of the 33rd:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Tran sit Authority Act of 1965", as amended, so as to change the tax rate which certain local governments are authorized to levy upon the retail purchase, retail sale, rental, storage, use or consumption of tangible personal property and certain services.
Referred to Committee on County and Urban Affairs.

SB 687. By Senator Johnson of the 38th:
A bill to provide for the continuation of community action agencies in the State of Georgia; to establish an administrative office for com munity assistance in the office of the Governor; to authorize appropri ations for community assistance on a matching basis with local gov ernments.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SR 357. By Senator Rowan of the 8th: A resolution authorizing the conveyance of certain real property lo cated in Berrien County, Georgia.
Referred to Committee on Public Utilities and Transportation.
SR 358. By Senator Rowan of the 8th: A resolution authorizing the conveyance of certain real property located in Berrien County, Georgia.
Referred to Committee on Public Utilities and Transportation.
SR 359. By Senator Rowan of the 8th: A resolution authorizing the conveyance of certain real property located in Berrien County, Georgia.
Referred to Committee on Public Utilities and Transportation.
The following bills and resolutions of the House were read the first time and referred to committees:
HB 1585. By Messrs. Miles of the 79th, Mulherin of the 81st, Dent of the 78th and Connell of the 80th: A bill to authorize the collection and payment of certain taxes on tangi-

912

JOURNAL OF THE SENATE,

ble property, other than motor vehicles, in certain counties and munici palities, in installments.
Referred to Committee on County and Urban Affairs.

HB 1666. By Mr. Connell of the 80th:
A bill to amend an Act entitled "An Act to create a Board of Commis sioners for Roads and Revenues for the County of Richmond", so as to provide for a clerk and an attorney for the board.
Referred to Committee on County and Urban Affairs.

HB 1667. By Mr. Connell of the 80th:
A bill to amend an Act providing for the permanent tenure for certain officers and employees of Richmond County, so as to exempt certain officers and employees from the operation of the Act; to provide for rules of probation of present officers and employees affected by the Act.
Referred to Committee on County and Urban Affairs.

HB 1668. By Mr. Connell of the 80th: A bill to create the Augusta-Richmond County Charter Commission.
Referred to Committee on County and Urban Affairs.

HB 1669. By Mr. Connell of the 80th:
A bill to amend an Act creating a merit system in Richmond County for the employees of Richmond County, so as to provide for the duties and functions of the merit system council.
Referred to Committee on County and Urban Affairs.

HB 1766. By Mr. Snow of the 1st: A bill to create a new Charter for the City of Rossville in the County of Walker; to amend, consolidate, and supersede all laws in force relating to said city; to provide for incorporation.
Referred to Committee on County and Urban Affairs.
HB 1828. By Messrs. Bohannon and Patterson of the 64th: A bill to incorporate the City of Temple in the County of Carroll; to create a charter for said city.
Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 12, 1974

913

HB 1830. By Mr. Shanahan of the 7th :
A bill to provide for the office of Commissioner of Gordon County; to provide the procedures connected therewith; to repeal an Act creating the office of Commissioner of Gordon County, approved August 4, 1920.
Referred to Committee on County and Urban Affairs.

HB 1838. By Messrs. Jessup, Larsen and Coleman of the 102nd:
A bill to amend an Act placing the Sheriff of Pulaski County upon an annual salary, so as to change the compensation provisions relating to the deputy sheriff.
Referred to Committee on County and Urban Affairs.

HB 1840. By Messrs. Wheeler and Grantham of the 127th:
A bill to authorize and empower the City of Saint Marys, Georgia, after abandoning and closing certain streets as provided by law, to execute and deliver its deed conveying the title to said abandoned and closed streets to the person or persons lawfully entitled to the same.
Referred to Committee on County and Urban Affairs.

HB 1842. By Messrs. Rainey of the 115th, Jessup of the 102nd, Hudson of the 115th and others:
A bill to create the office of assistant court reporter in certain judicial circuits of this State; to provide for the appointment, powers, duties, compensation and expenses of the assistant court reporter.
Referred to Committee on Special Judiciary.

HB 1849. By Messrs. Dollar of the 63rd, Bohannon and Patterson of the 64th:
A bill to create the Douglasville-Douglas County Water Authority; to authorize the Authority to acquire, construct, add to, extend, improve, equip, operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities.
Referred to Committee on County and Urban Affairs.

HB 1852. By Mr. Groover of the 75th:
A bill creating and establishing a small claims court for Monroe County to be known as the Small Claims Court of Monroe County.
Referred to Committee on County and Urban Affairs.

914

JOURNAL OF THE SENATE,

HB 1857. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act creating the Cherokee County Water Authority, so as to change the name of said Authority.
Referred to Committee on County and Urban Affairs.

HB 1858. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act creating the office of commissioner of Dawson County, so as to change the compensation of the commissioner of Dawson County.
Referred to Committee on County and Urban Affairs.

HB 1859. By Messrs. Roach and Thomason of the 8th:
A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 1860. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act placing the sheriff of Dawson County upon an annual salary, so as to change the compensation of the sheriff and his deputies.
Referred to Committee on County and Urban Affairs.

HB 1252. By Mr. Walker of the 100th:
A bill to amend Code Section 49-605, relative to duties of the ordinary in connection with discharge from treatment facility, termination of guardianship and restoration to mental health, so as to change the provisions relative to restoration to mental health.
Referred to Committee on Judiciary.

HB 1265. By Messrs. Rogers and Harden of the 128th:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, so as to provide that no policy of liability insurance shall be issued or delivered in this State unless it contains provisions to the effect that the insolvency or bankruptcy of the insured shall not release the insurer from payment of damages.
Referred to Committee on Banking and Finance.

TUESDAY, FEBRUARY 12, 1974

915

HB 1299. By Mr. Adams of the 14th:
A bill to amend an Act regulating the sale of admission tickets to ath letic contests of the colleges in the University System of Georgia, so as to repeal the provisions of said Act which make the sale of such tickets in any unauthorized place or manner unlawful.
Referred to Comimttee on Universitv Systems.

HB 1342. By Messrs. Harris of the 51st and Patten of the 124th:
A bill to regulate the practice of speech pathology and audiology; to create the Board of Examiners for Speech Pathology and Audiology.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1428. By Messrs. Northcutt of the 68th and Wheeler of the 13th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia and providing for a retirement system for the sheriffs of Geor gia, so as to provide for the payment of death benefits to members of such fund and member sheriffs receiving retirement benefits from such fund.
Referred to Committee on Retirement.

HB 1429. By Messrs. Northcutt of the 68th and Wheeler of the 13th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Geor gia and providing for a retirement system for the sheriffs of Georgia, so as to provide options for the payment of retirement benefits; to pro vide for the selection of an option and the method and procedure for selection of an option by those who become eligible to receive retirement benefits from and after the effective date of this Act.
Referred to Committee on Retirement.

HB 1532. By Messrs. Snow of the 1st, Sams of the 83rd, Walker of the 100th and others:
A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing procedure for a review of assessments made by county boards of tax assessors, so as to provide that alternate members of the board of equalization, in the order in which selected, shall serve in any appeal at a regularly scheduled or called meeting in the absence of a member.
Referred to Committee on Banking and Finance.

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HB 1556. By Messrs. Petro of the 46th and Bostick of the 123rd:
A bill to provide for the regulation of private employment agencies.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1736. By Mr. Burruss of the 21st:
A bill to prohibit certain unauthorized transfers and reproductions of recorded material; to prohibit distribution and sale of such unauthorized transfers and reproductions of recorded materials; to provide certain exceptions; to provide penalties.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HR 487. By Mr. McDonald of the 12th:
A resolution proposing an amendment to the Constitution so as to em power the members of the Division of Investigation of the Department of Public Safety or of any successor agency to such Division to make arrests, serve and execute warrants and enforce those criminal laws of the State of Georgia involving felonies within the boundaries of Jackson County.
Referred to Committee on Special Judiciary.

HR 511. By Messrs. Gignilliat of the 105th Alien of the 108th, Jones of the 109th and others:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law, from time to time, for the increase of retirement or pension benefits of retired public school teachers who retired pursuant to a retirement or pension system of a county, municipality or local board of education;
Referred to Committee on Retirement.

HR 513. By Mr. Connell of the 80th:
A resolution proposing an amendment to the Constitution so as to permit the governing authority of the County of Richmond to appropriate prop erty, money and services for the purpose of advertising and promoting the agricultural, industrial, historic, recerational and natural resources, facilities and assets of Richmond County, and for the purpose of pro moting and encouraging the location and expansion of industrial and commercial facilities and attracting tourists and conventions to said county.
Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 12, 1974

917

HR 624. By Messrs. Wood, Whitmire and Williams of the 9th:
A resolution proposing an amendment to the Constitution so as to autho rize and empower the Board of Commissioners of Forsyth County to levy, assess and collect a license fee from any person, firm or corpora tion who may maintain a place of business or who may in any manner engage in any type of business in any area of Forsyth County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Forsyth County.
Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:

Senator Coggin of the 35th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1376. Do pass by substitute.
Respectfully submitted, Coggin of 35th 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 recommenda tions:
SB 491. Do pass. SB 578. Do pass. SB 641. Do pass. SR 305. Do pass. SR 323. Do pass. HB 214. Do pass. HB 1333. Do pass.

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HB 1351. Do pass. HB 1591. Do pass.

Respectfully submitted, Holley of 22nd District, Chairman.

Sentor Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following' report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following- recommendation:
SB 609. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 645. Do pass. SB 648. Do pass. SB 654. Do pass. SB 655. Do pass. SB 667. Do pass. HB 568. Do pass as amended. HB 1382. Do pass. HB 1738. Do pass. HB 1743. Do pass. HB 1760. Do pass.

TUESDAY, FEBRUARY 12, 1974

919

HB 1768. Do pass. HB 1769. Do pass. HB 1770. Do pass. HB 1775. Do pass. HB 1779. Do pass. HB 1781. Do pass as amended. HB 1787. Do pass. HB 1790. Do pass. HR 498. Do pass. HR 596. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Kidd of the 25th 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 following1 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 643. Do pass. SB 644. Do pass by substitute. SR 337. Do pass. HB 88. Do pass. HB 744. Do pass. HB 1310. Do pass. HB 1313. Do pass. HB 1335. Do pass. HB 1336. Do pass. HB 1615. Do pass. HB 1658. Do pass.
Respectfully submitted, Kidd of 25th District, Chairman.

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Senator Starr of the 44th District, Chairman of the Committee on Elementary and Secondary Education, submitted the following report:

Mr. President:

Your Committee on Elementary and Secondary Education has had under con sideration the following bills of the Seriate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SB 665. Do pass.
SB 672. Do pass.
HB 1504. Do pass.
HB 1594. Do pass.
HB 1595. Do pass.

Respectfully submitted, Starr of 44th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the fol lowing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 673. Do pass. HB 1306. Do pass. HB 1452. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.

Senator Reynolds of the 48th 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

TUESDAY, FEBRUARY 12, 1974

921

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 658. Do pass. SR 354. Do pass. HB 1260. Do pass. HB 1292. Do pass. HB 1560. Do pass. HB 1603. Do pass. HR 522. Do pass. HR 560. Do pass. HR 613. Do pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

Senator Lester of the 23rd District, Chairman of the Committee on Institu tions and Mental Health, submitted the following report:
Mr. President:
Your Committee on Institutions and Mental Health has had under, considera tion the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 649. Do pass. Respectfully submitted, Lester of 23rd District, Chairman.

Senator London of the 50th District, 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 Chairman, to report the same back to the Senate with the following recommendation:
SR 341. Do pass. Respectfully submitted, London of 50th District, Chairman.

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

SB 609. By Senator Bell of the 5th:
A bill to amend an Act known as the "Metropolitan Rapid Transit Au thority Act of 1965", approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended, so as to change the membership of the Board of Directors of the Authority; to provide for terms of office; to provide for nonvoting members.

SB 643. By Senators Stephens of the 36th, Garrard of the 37th and Langford of the 51st:
A bill to amend Code Chapter 26-17, relating- to deceptive practices, as amended, so as to provide that certain fraudulent attempts to obtain or the actual fraudulent obtaining of refunds are unlawful; to provide a penalty.

SB 644. By Senator McDuffie of the 19th:
A bill to amend an Act to implement the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. La\vs 1970, p. 321), so as to restrict the locations of headquarters facilities established by Area Planning and Development Commissions.

SB 649. By Senator Rowan of the 8th:
A bill to amend an Act to create the Council on Maternal Health, ap proved March 31, 1972 (Ga. Laws 1972, p. 635), so as to change the name of said Council; to change the membership of said Council.

SB 658. By Senator Coggin of the 35th:
A bill to amend an Act known as ''The Uniform Standards Code for Mobile Homes Act", approved February 12, 1973 (Ga. Laws 1973, p. 4), so as to change the provisions relating to reciprocity.
SB 665. By Senator Starr of the 44th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", approved Jan. 24, 1964 (Ga. Laws 1964, p. 3), as amended, so as to change the provisions relative to county and regional public libraries; to provide for distribution of funds directly to such county and regional public libraries; to provide for all matters relative to the foregoing.

TUESDAY, FEBRUARY 12, 1974

923

SB G72. By Senators Starr of the 44th, Summers of the 53rd, Broun of the 46th and others:
A bill to provide for an adequate prog-ram for education in Georgia; to provide for a short title and for the purpose of said Act; to provide for instructional services; to provide for supportive services; to provide for cooperative education service agencies; to provide for grants to local units of administration for the operation of educational programs.

SB 673. By Senator Fincher of the 54th:
A bill to amend the "Georgia Anatomical Gift Act", approved March 7, 1969 (Ga. Laws 1969, p. 59), so as to provide a definition of death.

SR 337. By Senator Jackson of the 16th:
A resolution proposing1 an amendment to the Constitution to create the Department of Local Government Affairs and to provide for a Board of Commissioners for said Department.

SR 341. By Senator Hudg-ins of the 15th: A resolution creating- the Tourism Study Committee.

SR 354. By Senator Hudg-ins of the 15th:
A resolution authorizing- and directing' the State Department of Trans portation to continue design and actual work studies on the West Georgia Tollway.

HB 744. By Messrs. Dixon of the 126th and Odom of the 114th:
A bill to amend Code Chapter 40-19, relating to the Supervisor of Pur chases, so as to authorize the Commissioner to procure fidelity bonds covering State employees except such bonds of elected State Officers or other officers required to give special bond.

HB 1260. By Mr. Morgan of the 70th and others:
A bill to amend an Act making it unlawful to alter the suspension system of any private passenger motor vehicle, so as to provide that it shall be unlawful to operate any private passenger motor vehicle upon which the suspension system has been altered more than two inches above or below the factory recommendation for any such vehicle.

HB 1292. By Messrs. Carlisle and Brown of the 67th, Northcutt of the 68th and others:
A bill to amend Code Section 68-201, relating to registration and license

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of motor vehicles and chauffeurs, so as to exempt certain motorized carts from the provisions of said Code Section.

HB 1306. By Mr. Wheeler of the 13th:
A bill to amend an Act prohibiting the distribution, sale or delivery of prescription eyeglasses or sunglasses unless said eyeglasses or sun glasses are fitted with heat-treated glass, lenses, plastic lenses or lami nated lenses, so as to delete the provision prohibiting the distribution, sale or delivery of prescription eyeglasses or sunglasses unless such eye glasses or sunglasses are fitted with lenses which meet certain require ments.

HB 1310. By Mr. Howell of the 118th and others:
A bill to amend Code Chapter 34-14, relating to absentee voting, so as to revise and change certain of the procedures relating to the process of voting by absentee ballots.

HB 1313. By Mr. Howell of the 118th and others:
A bill to amend Code Title 34A, relating to municipal elections, so as to make certain technical and clarifying amendments thereto; to conform certain of the procedures relating to the elective process to the pro visions of the Georgia Election Code.

HB 1335. By Mr. Howell of the 118th and others:
A bill to amend Code Chapter 34-6, relating to the registration of electors, so as to change the residence requirements for electors; to change the requirement for purging the electors list; to change the oath of the elector.

HB 1336. By Mr. Howell of the 118th and others:
A bill to amend Code Title 34A, relating to municipal elections, so as to change certain of the provisions thereof relative to voter eligibility.

HB 1376. By Mr. Murphy of the 18th and others:
A bill to amend an Act providing appropriations for the fiscal year 1973-74, known as the "General Appropriations Act", so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1974; to make language and other changes.

TUESDAY, FEBRUARY 12, 1974

925

HB 1452. By Mr. Wheeler of the 13th and others:
A bill to amend Code Chapter 88-10, relating to food service establish ments, so as to require all food service establishments to display on menus, or by other means, information concerning meats which contain additives or extenders.

HB 1504. By Messrs. Burton of the 47th, Noble of the 48th and others:
A bill to amend an Act providing that school boards of any school dis tricts that maintain a recognized public school shall establish and main tain special education facilities, so as to change the definition of an "exceptional child".

HB 1560. By Mr. Marcus of the 26th:
A bill to require the Department of Public Safety to provide forms for the gift of all or part of a person's body conditioned upon the death of the donor whenever a person applies for the issuance, reissuance, or renewal of any driver's license.

HB 1594. By Mr. Farrar of the 52nd:
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 change certain definitions relative to the school year and school month under certain emergency conditions.

HB 1615. By Mr. Howell of the 118th:
A bill to amend Code Section 34-1002A relating to presidential prefer ence primary dates, so as to establish a procedure for the selection of that date upon which presidential preference primaries shall be held.

HB 1658. By Mr. Murphy of the 18th and others:
A bill to provide State assistance for planned growth and development in the State; to provide a short title; to amend an Act known as the "Executive Reorganization Act of 1972", so as to prescribe the function of the Office of Planning and Budget in relation to planned growth and development; to provide the powers and duties of the Office of Planning and Budget in carrying out such functions.

HR 522. By Messrs. Roach, Harris and Thomason of the 8th:
A resolution designating a certain portion of Georgia Highway 140 as "Reinhardt Parkway".

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JOURNAL OF THE SENATE,

HR 560. By Mr. Beckham of the 82nd:
A resolution designating certain highways within the State of Georgia as Blue Star Memorial Highways.

HR 613. By Messrs. Connell of the 80th, Miles of the 79th and others:
A resolution relative to the State Patrol policing the State and Federal highways located within Richmond County.

HB 1595. By Mr. Farrar of the 52nd:
A bill to amend Code Section 32-1005, relating to bonds of county school superintendents, so as to make said Code Section applicable to both county and independent school superintendents.

HB 1603. By Messrs. Smith of the 74th, Smith of the 42nd and Adams of the 36th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide that a replacement certificate of title, rather than a duplicate certificate of title, will be issued when the original has been lost, stolen, mutilated, or destroyed, or becomes illegible.

SB 645. By Senator Rowan of the 8th :
A bill to amend an Act creating a Small Claims Court in each county in this State having a population of not less than 11,775 and not more than 12,100 according to the United States Decennial Census of 1960 or any future such census, as amended, so as to change the population category within which such courts are created; to increase the range of such courts' jurisdiction.

SB 648. By Senator Rowan of the 8th:
A bill to amend an Act providing a new charter for the Town of Enigma, as amended, so as to change the method of electing the mayor and councilmen; to provide for the practices and procedures in connection with municipal elections; to provide for the appointment of boards, commissions and committees; to provide for other matters relative to the foregoing.

SB 654. By Senator London of the 50th:
A bill to revise the Charter of and to reincorporate the City of Hiawassee in the County of Towns; to create a charter for said City; to prescribe the corporate limits of said City; to provide for the government of said City; to enumerate the corporate powers of the city; to provide for ordinances, by laws, rules and regulations; to provide for the officials

TUESDAY, FEBRUARY 12, 1974

927

of said City and their selection, oath, compensation, powers, duties and terms of office.

SB 655. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to provide that in certain cities and counties the annual license to be charged shall be $2,000; to provide that in certain cities and counties the excise tax shall be $.60 per wine gallon on spirituous liquors.

SB 667. By Senators Holley of the 22nd and Lester of the 23rd:
A bill to amend an Act known as the "Augusta-Richmond County Coli seum Authority Act", so as to redefine the word "Project"; to further define the purpose of the Authority.

HB 568. By Mr. Greer of the 43rd:
A bill to add and provide for a chief deputy Clerk of the Criminal Court of Pulton County, and for a Director of the Traffic Violations Bureau of the Criminal Court of Fulton County.

HB 1382. By Messrs. Reaves, Patten and Bennett of the 124th:
A bill to provide for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases in the courts of ordinarv of certin counties.

HB 1738. By Mr. Vaughn of the 57th:
A bill to amend an Act placing the Sheriff of Rockdale County upon an annual salary so as to change the compensation of the sheriff's deputies; to change the number of deputies.

HB 1743. By Mr. Shanahan of the 7th:
A bill to provide that the Judge of the Superior Court of Gordon County shall make certain special charges to the Grand Juries of Gordon County.

HB 1760. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act placing the ordinary of Screven County upon an annual salary, so as to change the compensation of the ordinary.

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JOURNAL OF THE SENATE,

HB 1768. By Messrs. Bennett, Reaves and Patten of the 124th:
A bill to amend an Act placing the Sheriff of Lowndes County on a salary basis in lieu of a fee basis, so as to change the budget require ments of said office from a calendar year to a fiscal year.

HB 1769. By Messrs. Bennett, Reaves and Patten of the 124th: A bill to amend the Act placing the Tax Commissioner of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year.
HB 1770. By Messrs. Bennett, Reaves and Patten of the 124th: A bill to amend an Act placing the Clerk of the Superior Court of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year.
HB 1775. By Mr. Adams of the 84th: A bill to amend an Act placing the Sheriff of Harris County upon an annual salary, so as to authorize the governing authority of Harris County to fix the salary of each of the sheriff's deputies in an amount not less than a certain minimum salary.
HB 1779. By Mr. Brantley of the 92nd: A bill to abolish the present mode of compensating the Ordinary of Candler County, known as the fee system; to provide in lieu thereof an annual salary.
HB 1781. By Messrs. Kreeger of the 21st, Wilson and Howard of the 19th and others: 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.
HB 1787. By Mr. Oxford of the 101st: A bill to amend an Act establishing the fee system of compensating the clerk of the superior court and the city court clerk in the County of Sumter, so as to change the compensation of the employees of the clerk of the courts.

TUESDAY, FEBRUARY 12, 1974

929

HB 1790. By Messrs. Bennett, Patten and Reaves of the 124th:
A bill to amend an Act placing the Ordinary of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year.

HR 498. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the City of Forest Park who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $4,000 from all ad valorem taxation by said city.

HR 596. By Messrs. Triplett of the lllth, Jones of the 109th, Chance of the 112th and others:
A resolution proposing an amendment to the Constitution so as to create the General Hospital Authority of West Chatham County and to provide for all matters relative thereto.

SB 491. By Senators Parker of the 31st, Langford of the 51st, Overby of the 49th and others:
A bill to provide that real property devoted to the commercial produc tion of food or cotton shall constitute a separate class of tangible prop erty for ad valorem tax purposes; to provide for the assessment and taxation of such property; to provide the procedures connected there with; to provide an effective date.

SB 578. By Senator Herndon of the 10th:
A bill to amend an Act comprehensively and exhaustively to revise, supersede, and modernize procedure for a review of assessments made by county boards of tax assesors, approved April 6, 1972 (Ga. Laws 1972, p. 1094), as amended, so as to clarify qualifications of members and alternate members of county boards of equalization.

SB 641. By Senator Lester of the 23rd:
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value", as amended, so as to provide that the tax assessors shall consider certain criteria in determining fair market value of real propertv.

SR 305. By Senator Hudgins of the 15th: A resolution proposing an amendment to the Constitution so as to in-

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JOURNAL OF THE SENATE,

crease the homestead exemption for certain disabled veterans; to change the definition of the term "disabled veteran"; to provide for a homestead exemption for the unremarried widow of minor children of certain dis abled veterans; to provide for the submission of this amendment for ratification or rejection.

SR 323. 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 tax ation purposes, and to provide that such property's value shall be de termined in accordance with the use to which such property is being devoted by the owner and to provide for the payment of additional taxes on real property when it is sold and the sales price is higher than the assessed value.

HB 214. By Mr. Burruss of the 21st and others:
A bill to exempt from all ad valorem taxation for educational purposes levied by any county or independent school district the homestead of any resident of such county or independent school district who is 62 years of age or older and has an income not exceeding $6,000 per annum.

HB 1333. By Mr. Alexander of the 38th:
A bill to amend an Act regulating charges and interests on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, so as to provide that certain persons shall not be within the regulatory authority of the Act.

HB 1351. By Messrs. Irvin of the 10th, Burruss of the. 21st, McDonald of the 12th and others:
A bill to amend an Act authorizing a self-insurance program for all of the State's insurable property, so as to authorize the expenditure of moneys in the State Insurance and Hazard Reserve Fund to improve and protect State properties and to protect the lives of inhabitants thereof by contracting for the installation of automatic sprinkler systems and other fire protection systems.

HB 1591. By Messrs. Connell of the 80th and Floyd of the 5th:
A bill to amend an Act known as the "Georgia State Financing and Investment Commission Act", so as to provide for reimbursement to the Commission for certain services; to authorize the use of investment income for the payment of operating expenses of the Commission.

The following resolution of the Senate was read and adopted:

TUESDAY, FEBRUARY 12, 1974

9,<u

SR 361. By Senators Hudgins of the 15th, Kidd of the 25th, Jackson of the 16th and others:
A resolution commending certain officials and citizens of the City of Washington and Wilkes County for their interest in tourism.

The President ordered the morning roll call, and the following Senators answered to their names:

Bell Brown of 47th Carter Cleland Coggin
Coverdell Dean Duncan
Eldridge Garrard Gillis Hamilton Henderson

Herndon Hill Hudgins
Johnson Kennedy Kidd Lester London McGill Overby Parker Riley

Rowan Salter Smalley Smith Starr Stephens Button Thompson Tysinger Warren Wasden Young

Not answering were Senators:

Ballard Barker Broun of 46th Cox Doss Fincher Holley

Holloway Howard Jackson Langford McDuffie Moore

Reynolds Skene Summers Ward Webb Zipperer

Senator Coggin of the 35th filed the following statement with the Secretary:
THE STATE SENATE State of Georgia Atlanta, Georgia
February 12, 1974
Mr. Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
With the concurrence of the Lieutenant Governor, I, as Chairman of the Senate Appropriations Committee, sat in on the deliberations of

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JOURNAL OF THE SENATE,

House Bill 1377 (Fiscal '75 Appropriations Bill) by the House of Repre sentatives on the afternoon of February llth.

In view of the fact this necessitated I miss several roll call votes, I respectfully request this letter of explanation be entered in the Senate Journal.

Yours very truly, /s/ Frank E. Coggin

Senator Webb of the llth filed the following statement with the Secretary:

THE STATE SENATE State of Georgia Atlanta, Georgia

TO: FROM:

President of the Senate Senator Julian Webb

Because of the fact that I am out of the city on professional busi ness for four days of this week, namely, February 11-14, I shall not be recorded as voting present or voting on any measure brought before the Senate. I provide this explanation in order that it may be recorded in the Senate Journal.

Senator Summers was absent because of being confined in the hospital.

Senator Tysinger of the 41st introduced as Chaplain, The Reverend Vincent P. Brennan, S. M., pastor, Our Lady of the Assumption, Atlanta, Georgia, who offered scripture reading and prayer.
The following is the Senate Rules Calendar for today: SB 192. Protective Services for Adults Act--create (SUB) SB 440. City, County Employees--no residency requirments (SUB) SB 444. Board of Court Reporting--create (SUB) SB 512. District Attorney Emeritus--retirements benefits (SUB) SB 520. Local Ret., Pension and Emeritus System--requirements (SUB) SB 545. Child Support--redefine "court order" SB 577. County Boards of Education Workmen's Compensation--employee SB 594. Truck Weight and Size--loads which can be dismantled (SUB) SB 596. County Taxes--charges for late payments (SUB)

TUESDAY, FEBRUARY 12, 1974

933

SB 599. Gift of Body or part of Body--permission on driver's license SB 601. Persons in State Institutions--cost of care SB 603. Incurably Mentally 111--sterilization before marriage SB 610. Wills--time title to realty becomes effective SB 611. Health Code--payment to examining committee SB 619. Motor Fuel Tax--exempt school systems SB 626. Investigative Grand Juries--procedures and requirements (AM) SR 277. Bingo Games--non-profit organizations operate (AM) SR 307. Drug Offender--must serve full sentence (SUB) SR 333. AMTRAK Between Atlanta and Savannah--urge HB 1287. Court Reporter Notes--destruction of HB 1369. Employees' Ret.--Warm Springs Foundation Employee credit HB 1372. Illegally Assessed Taxes and License Fees--refund (AM) HB 1391. Minors--work in wholesale and retail stores HB 1410. Legislative Services Com.--control over Capitol building HB 1418. Hospital Authorities--issue obligation other than revenue HR 259. Aluminum Ore from kaolin--bonus for first plant HR 439. Income Exemption--65 year olds HR 461. Cairo, Georiga--conveyance of certain property HR 483. Montezuma--conveyance of real estate HR 503. Bainbridge--conveyance of certain property

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 512. By Senators Rowan of the 8th, Eldridge of the 7th and Kennedy of the 4th:
A bill to amend an Act entitled "An Act to provide for the creation of the office of district attorney emeritus; to prescribe eligibility for in cumbents; to provide the terms, duties and compensation to incumbents; to create the District Attorneys' Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund".

The following fiscal notes, as required by law, were read by the Secretary:

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JOURNAL OF THE SENATE,

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

February 4, 1974

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note--Senate Bill 512 (Amended)

This Bill permits credit for service as a Judge in any city or county court in lieu of current provisions of law under the District Attorneys' Emeritus Retirement Plan.

There are approximately 21 members of this Fund and there would be no way of knowing the number of years service each member may be eligible to receive under this amendment. There are 18 active mem bers and the balance of the membership has left their credits in tact in the event they later become members.

Under current provisions of law the annual benefit of an Emeritus amounts to $6,000 while the employee contributions to the State for one year of service amounts to $450. Should a member receive this service one year earlier, say he would not qualify at age 60 without such service, then the cost would be one years benefits less the employee contributions or a net cost of $5,550 for one year's service to the State. There is a proposed amendment to the act which increase the benefits to $14,000 per year and should this legislation be enacted assuming the above mentioned factors, there would be a $12,600 cost per year to the State.

As previously mentioned, it is not known as to how many individuals would receive additional service under this Bill and it is therefore, not possible to give an estimate as to the cost. The Emeriuts System is not an actuarily sound system by law and after the employee contributions are used up the benefits are paid from funds within the Department of Administrative Services. It is, therefore, not possible to give the effect on the actuarial soundness of the System.

/s/ E. B. Davis Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, Jr. James T. Mclntyre, State Planning & Budget Officer

TUESDAY, FEBRUARY 12, 1974

935

DEPARTMENT OF ADMINISTRATIVE SERVICES State of Georgia Fiscal Division
P.O. Box 38198 Capitol Hill Station Atlanta, Georgia 30334

February 6, 1974

Honorable Paul D. Coverdell, State Senator Chairman, Senate Retirement Committee 425 State Capitol Atlanta, Georgia 30334

Re: Senate Bill 512 as Amended Fiscal Note

Dear Senator Coverdell:

Thank you for your letter of February 1, 1974 requesting a fiscal note on the above amendment to Senate Bill 512.

As we indicated in our letter to you of February 1, 1974, this Bill was obviously introduced for the purpose of allowing service credits toward retirement under the District Attorney's Emeritus Retirement Fund for previous service as judge of any county court.

In addition, Senate Bill 512 was introduced to correct an error made in the original legislation that proposed allowing credit for service as judge of any city and county courts.

The passage of this Bill would result in a net cost of $5,500.00 for each year that a district attorney may obtain credit for such service toward his retirement under the provisions of the District Attorney's Emeritus Retirement Fund.

Should you have any further questions, please do not hesitate to call on us.

Sincerely,
/s/ Pat Blanchard Patrick G. Blanchard Financial Management Officer

The Senate Committee on Retirement offered the following substitute to SB 512:
A BILL
To be entitled an Act to amend an Act entitled "An Act to provide for the creation of the office of district attorney emeritus; to prescribe

936

JOURNAL OP THE SENATE,

eligibility for incumbents; to provide the terms, duties and compensation to incumbents; to create the District Attorneys' Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes.", approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, particularly by an Act approved February 16, 1950 (Ga. Laws 1950, p. 228), an Act approved February 25, 1953' (Ga. Laws 1953, Jan.-Feb. Sess., p. 211), an Act approved March 15, 1958 (Ga. Laws 1958, p. 163), an Act ap proved March 28, 1961 (Ga. Laws 1961, p. 226), an Act approved March 10, 1964 (Ga. Laws 1964, p. 366), an Act approved March 7, 1966 (Ga. Laws 1966, p. 210), and an Act approved March 16, 1972 (Ga. Laws 1972, p. 220), so as to change the provisions relative to the computation of years of service; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act entitled "An Act to provide for the creation of the office of district attorney emeritus; to prescribe eligibility for in cumbents; to provide the terms, duties and compensation to incumbents; to create the District Attorneys' Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes.", approved Feb ruary 17, 1949 (Ga. Laws 1949, p. 780), as amended, particularly by an Act approved February 16, 1950 (Ga. Laws 1950, p. 228), an Act ap proved February 25., 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 211), an Act approved March 15, 1958 (Ga. Laws 1958, p. 163), an Act approved March 28, 1961 (Ga. Laws 1961, p. 226), an Act approved March 10, 1964 (Ga. Laws 1964, p. 366), an Act approved March 7, 1966 (Ga. Laws 1966, p. 210), and an Act approved March 16, 1972 (Ga. Laws 1972, p. 220) is hereby amended by adding at the end of Section 9 the following:

"Provided further, however, that in computing years of service as a district attorney for any purpose under this Act, any time served by a district attorney as a judge of any county court from which appeals can be taken direct to the Court of Appeals of this State may be counted in computing the number of years of service required of any district attorney if he shall pay into the retirement
fund the maximum payment provided by this Act for each year of service actually served as such a judge, plus interest on each such payment at the rate of 67r per annum, such payment to be made by not later than January 1, 1975."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 31, nays 0, and the substitute was adopted.

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

TUESDAY, FEBRUARY 12, 1974

937

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Brown of 47th Carter Cleland Coggin Coverdell Eldridge Fincher Garrard Hamilton Herndon Hill Holley

Howard Hudgins Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Button Thompson Tysinger Wasden Young

Those voting in the negative were Senators:

Dean

Doss

Warren

Those not voting were Senators:

Barker Broun of 46th Cox Duncan

Henderson Holloway Jackson Skene

Summers Ward Webb Zipperer

On the passage of the bill, the ayes were 40, nays 3.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Sutton of the 9th moved that SB 512 be immediately transmitted to the House.
On the motion, the ayes were 31, nays 0; the motion prevailed, and SB 512 was immediately transmitted to the House.

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

Mr. President:

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

HB 1425. By Messrs. Northcutt of the 68th and Wheeler of the 13th:
A bill to authorize the sheriffs of the various counties of this state to contract with the governing body of any municipal corporation located in the county for the purpose of providing law enforcement services to the municipal corporation; to provide for such contracts and their pro visions; to provide for the exercise of certain powers by the sheriff and deputy sheriffs.

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

SB 192. By Senator Fincher of the 54th:
A bill to provide protective and supportive services for adults; to pro vide a short title; to state the purpose of the Act.

The Senate Committee on Health and Welfare offered the following sub stitute to SB 192:
A BILL
To be entitled an Act to amend Code Section 49-604, relating to the procedure for the appointment of guardians for persons who are mental ly ill, mentally retarded or mentally incompetent to the extent that they are incapable of managing their estates; to provide that the De part of Human Resources shall receive and investigate reports that persons are incapable of managing their estates; to provide that per sons making reports in good faith are immune from liability; to allow the Department of Human Resources to apply to the Court of Ordinary for the appointment of guardians; to allow the Courts of Ordinary to appoint the Commissioner of Human Resources as guardian of the per son when necessary; to provide for severability; to repeal conflictinglaws and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-604, relating to the procedure for the appointment of guardians for persons who are mentally ill, mentally retarded, or mentally incompetent to the extent that they are incapable

TUESDAY, FEBRUARY 12, 1974

939

of managing their estates, is hereby amended by adding a new subsection to be designated subsection (c) thereof which shall read as follows:

"(c) (1) The Department of Human Resources shall receive and investigate reports that persons are mentally ill, mentally re tarded or mentally incompetent to the extent that they are incapable of managing their estates and all persons making reports in good faith to the Department shall be immune from liability, both civil and criminal, which might otherwise be incurred.

(2) If the Department of Human Resources has reason to be lieve that a person is mentally ill, mentally retarded or mentally incompetent to the extent that he is incapable of managing his estate and if no relative or other individual shall appy to have a guardian appointed, the Department may apply for the appointment of a guardian for such person in the manner set forth in subsections (a) and (b).

(3) If the Court of Ordinary finds that the person is mentally ill, mentally retarded or mentally incompetent to the extent that he is incapable of managing his estate, a guardian shall be appointed; provided however, that if no other person is available to be guardian of the person of the ward, the Ordinary may appoint the Commissioner of Human Resources as a guardian of the person. The Commissioner may delegate his duties as guardian of mentally ill, mentally retarded or mentally incompetent persons to responsible employees of the Department."

Section 2. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or uncon stitutional, such adjudication shall in no manner affect the other sec tions, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 33, nays 0, and the sub stitute was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Bell Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Herndon Hill Holley Holloway Howard Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby

Parker Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Button Thompson Tysinger Warren Wasden Young

Those not voting were Senators:

Barker Broun of 46th Henderson Hudgins

Jackson Moore Skene Summers

Ward Webb Zipperer

On the passage of the bill, the ayes were 45, nays 0.

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

Senator Fincher of the 54th moved that SB 192 be immediately transmitted to the House.

On the motion, the ayes were 36, nays 0; the motion prevailed, and SB 192 was immediately transmitted to the House.

SB 599. By Senator Rowan of the 8th:
A bill to require the Department of Public Safety to provide forms for the gift of all or part of a person's body conditioned upon the death of the donor whenever a person applies for issuance, reissuance, or re newal of any driver's license; to require a notation on the face or re verse of a driver's license as to whether the licensee has executed a gift of all or part of his body conditioned upon the death of the donor.

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

TUESDAY, FEBRUARY 12, 1974

941

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Duncan Eldridge Fincher Garrard Gillis Hamilton

Herndon Hill Holley
Holloway Howard Hudgins Johnson Kennedy Kidd Lester McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Sutton Thompson Warren Wasden Young

Voting in the negative was Senator Doss.

Those not voting were Senators:

Barker Broun of 46th Henderson Jackson

Langford London Skene Summers

Tysinger Ward Webb Zipperer

On the passage of the bill, the ayes were 43, nays 1.

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

SB 520. By Senator Coverdell of the 40th:
A bill to provide requirements relative to local retirement, pension and emeritus systems; to provide for definitions; to provide for certain re ports to the State Auditor; to provide for the designation of actuaries and for certain administrative costs; to provide for financial reports and actuarial investigations; to provide for all matters relative to the fore going.

The following fiscal note, as required by law, was read by the Secretary:

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JOURNAL OF THE SENATE,

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

January 30, 1974

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note--Senate Bill 520

A major provision of the Bill under Section 2 is a requirement that each local retirement system must file a great deal of detailed and con tinued information with the Office of the State Auditor. The retirement systems are required in Section 4 to have an actuarial study at least at five-year intervals. There would be certain costs in connection with these actuarial studies and there would be costs administratively in the Office of the State Auditor to provide for the required records. These later costs would not be great even though there are probably more retirement systems than we suspect, but the total costs of the actuarial studies could be a significant cost.

/s/ Ernest B. Davis, Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, Jr. James T. Mclntyre, State Planning and Budget Officer

The Senate Committee on Retirement offered the following substitute to SB 520:
A BILL
To be entitled an Act to provide requirements relative to local re tirement, pension and emeritus systems; to provide for definitions; to provide for certain reports to the State Auditor; to provide for the designation of actuaries and for certain administrative costs; to provide for financial reports and actuarial investigations; 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. Definitions. As used in this Act, unless the context clearly requires otherwise, "local retirement system" means any retire ment, pension or emeritus system covering an employee or employees

TUESDAY, FEBRUARY 12, 1974

943

of a county, municipality, local board of education or other political subdivision, or any groups or classifications of such employees which is funded at least in part by such political subdivisions.

Section 2. Actuarial Investigations, (a) The board of trustees or other governing authority of each local retirement system is hereby authorized and directed to designate and retain the services of a quali fied actuary to provide technical advice and assistance to the board of trustees or governing authority in the management of the retirement system and in the preparation of surveys or reports required hereunder.

(b) Any political subdivision maintaining a local retirement system for an employee or employees, or for classifications of employees, is hereby authorized to expend any public funds available to it to pay any portion of the administrative costs of such retirement system, in the event the funds available to such retirement system are not adequate to pay such administrative costs, notwithstanding any provisions to the contrary of any laws relative to such local retirement system.

(c) Prom time to time, but at least once every five years, the board of trustees or other governing authority of each local retirement system shall have the system's actuary make an actuarial investigation. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates of interest, mortality, disability, withdrawal and retirement. The actuarial investi gation shall also include consideration of the experience of the retire ment system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and ac curacy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payment necessary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the local retirement system board of trustees or other governing authority thereof shall attach a copy of all the provisions of the plan for the local retirement system, including the requirements and conditions for qualifying to participate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. As of July 1, 1975, and thereafter, the board of trustees or other governing authority of each such local retirement system shall have on file with the State Auditor an actuarial investigation which shall not be over five years old.

Section 3. Annual Report, (a) The board of trustees or other gov erning authority of each local retirement system is hereby authorized and directed to file an annual report with the State Auditor which shall consist of a statement of the fund's receipts and disbursements for the fiscal year. The statement shall show separately the amount of member contributions, employer contributions, other contributions, if any, in vestment income, gains from the sales of the system's assets, and other receipts, if any. The statement shall show separately the amount of all benefit payments to retirees, beneficiaries' refunds to members, losses from the sale of system assets, as well as the administrative expenses
of the retirement system.

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JOURNAL OF THE SENATE,

(b) The annual report shall also include statistics showing the membership and beneficiaries of the local retirement system and shall have attached as an exhibit all amendments to or changes in the provi sions of the plan for the local retirement system as previously filed with the most recent actuarial investigation.

(c) The first annual report shall be filed on July 1, 1976, and sub sequent annual reports shall be filed each year thereafter on July 1.

(d) The annual reports, the actuarial investigations, and all ex hibits thereto and modifications thereof shall be a matter of public rec ord open to inspection by the public.

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 40, nays 0.

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson
Herndon

Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Those not voting were Senators:

Barker Broun of 46th Cleland

Skene Summers

Parker Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Sutton Thompson Tysinger Warren Wasden Webb Young
Ward Zipperer

TUESDAY, FEBRUARY 12, 1974

945

On the passage of the bill, the ayes were 49, nays 0.

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

The following resolutions of the Senate were read and adopted:

SR 363. By Senator Johnson of the 38th:
A resolution inviting Anthony Flanagan to attend a session of the Senate.

SR 362. By Senator Johnson of the 38th: A resolution commending Anthony Flanagan.

SR 364. By Senator Johnson of the 38th:
A resolution commending the Southwest High School Varsity Football Team, the Wolves.

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 577. By Senator Herndon of the 10th:
A bill to amend Code Section 114-101, relating to the definition of em ployer and employee for purposes of the Workmen's Compensation Law, as amended, so as to provide that employees of county boards of educa tion in counties having a population of less than 300,000 are not in cluded within the meaning of the term "employee" unless the county board of education has adopted an appropriate resolution.

Senator Herndon of the 10th moved that SB 577 be postponed to Friday, February 15, 1974.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SB 577 was postponed to Friday, February 15, 1974.

Senator Gillis of the 20th resumed the Chair.

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JOURNAL OF THE SENATE,

SB 545. By Senator Fincher of the 54th:
A bill to amend an Act known as the "Child Support Recovery Act", approved Mar. 28, 1973 (Ga. Laws 1973, p. 192), so as to redefine "court order" for child support; to provide that the payment of public assist ance on behalf of a child creates a debt to the State in the amount nec essary to meet the needs of the child and the person having custody of him as their needs are determined by the Department of Human Re sources.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Hamilton Henderson Herndon

Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker

Those not voting were Senators:

Barker Bell Cleland Duncan Gillis (presiding)

Hill Hudgins Moore Rowan

Reynolds Riley Salter Smalley Smith Starr Stephens Button Thompson Tysinger Warren Wasden Young Zipperer
Skenc Summers Ward Webb

On the passage of the bill the ayes were 43, nays 0.

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

Senator Fincher of the 54th moved that SB 545 be immediately transmitted to the House.

TUESDAY, FEBRUARY 12, 1974

947

On the motion, the ayes were 36, nays 0; the motion prevailed, and SB 545 was immediately transmitted to the House.

SB 610. By Senator Herndon of the 10th:
A bill to provide that a specific devise of realty shall pass subject to any security deed or lien existing against the said property at the date of death of the testator, without right of exoneration, regardless of a general directive in the will to pay debts, unless the will expressly di rects the payment of satisfaction of any such security deed or lien or unless the will expressly provides that any such specific devise shall pass free of anv encumbrance or indebtedness thereon.

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

On the passage of the bill, Senator Gillis of the 20th ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overbv

Parker Reynolds Riley Salter Skene Smalley Smith Starr Stephens Button Thompson Tysinger Ward Warren Wasden Zipperer

Those not voting were Senators:

Barker Gillis (presiding) Moore

Rowan Summers

Webb Young

On the passage of the bill, the ayes were 49, nays 0.

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JOURNAL OF THE SENATE,

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

SB 611. By Senator Herndon of the 10th:
A bill to amend Code Section 88-508.2 of the Georgia Health Code, re lating to payment of members of the examining committee and the at torney appointed to represent the patient, as amended, paricularly by an Act approved April 21, 1969 (Ga. Laws 1969, p. 505); to provide an effective date; to repeal conflicting laws.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the negative were Senators:

Ballard Bell
Broun of 46th Brown of 47th Carter Cleland Coggin Cox Dean Doss Duncan Eldridge Fincher
Garrard Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Langford Lester London McDuffie McGill Overby Parker

Reynolds Riley Salter Skene Smalley Smith Starr Sutton Thompson
Tysinger Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Barker Coverdell Gillis (presiding)

Kidd Moore Rowan

Stephens Summers Webb

On the passage of the bill, the ayes were 47, nays 0.

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

TUESDAY, FEBRUARY 12, 1974

949

Senator Duncan of the 30th moved that the following bill of the Senate, read the third time February 7 and tabled, be removed from the table:

SB 589. By Senator Duncan of the 30th:
A bill to amend Code Title 57, relating to interest and usury, as amended, so as to change the maximum rate of interest on certain loans; to change the maximum rate of interest on real estate loans; to provide an effective date: to repeal conflicting laws.

On the motion, the ayes were 33, nays 3; the motion prevailed, and SB 589 was removed from the table and placed on the Senate Calendar.

The Lieutenant Governor resumed the Chair.

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:
SB 440. By Senator Bell of the 5th: A bill to prohibit municipal or county governments from requiring employees to be residents of the municipality or county; to repeal con flicting laws.
The following substitute offered by the Committee on County and Urban Af fairs was adopted on February 5, 1974:
A BILL
To be entitled an Act to prohibit municipal or county governments from requiring applicants for employment or employees to be residents of the municipality or county; to prohibit the application of certain points, credits or other benefits on behalf of residents to give residents an advantage over nonresidents and to provide for the construction of this Act in connection therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. A municipal or county government in this State shall not require as a condition of employment by such government that appli cants for employment or employees reside within the boundaries of the municipality or county.
Section 2. A municipal or county government of this State, in using

950

JOURNAL OF THE SENATE,

any merit system examination or other type of examination or evalua tion of personnel in connection with application for employment, dis charge of employees or promotion of employees, shall not apply addi tional points, credits or other benefits to residents of the municipality or county to give such residents an advantage for the purpose of em ployment or promotion, or disadvantage for the purpose of discharge, over the nonresidents solely on the basis of residency, but this Act shall not be construed to prohibit the choice of a resident over a nonresident when both applicants for employment, or both employees, are equally qualifed for the position sought by them or when both employees are equally at fault or ineffective when they are being considered for dis charge from employment.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment offered by Senator Warren of the 43rd to the committee substitute was adopted on February 5, 1974:
Amend committee substitute to SB 440 by striking on Page 1, line 12, the words "or employees" and substituting in lieu thereof the following phrase:
"as officers or employees, or such officers or employees presently employed must".

Senator Garrard of the 37th moved that the Senate reconsider its action of February 5, 1974 in adopting the committee substitute as amended to SB 440.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Cox Dean Eldridge Gillis Hamilton Holley

Hudgins Jackson Johnson Kennedy Kidd Lester London

McDuffie McGill Salter Sutton Ward Wasden Zipperer

Those voting in the negative were Senators:

Bell Broun of 46th Carter Cleland

Coggin Coverdell Doss Duncan

Fincher Garrard Henderson Herndon

TUESDAY, FEBRUARY 12, 1974

951

Hill Holloway Langford Moore Overby Parker

Reynolds Riley Rowan Skene Smalley Smith

Starr Thompson Tysinger Warren Young

Those not voting were Senators:

Barker Brown of 47th

Howard Stephens

Summers Wehl)

On the motion, the ayes were 21, nays 29; the motion was lost, and the com mittee substitute was not reconsidered.

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Carter Cleland Coggin Coverdell Doss Duncan Eldridge Fincher Garrard

Hamilton
Henderson Herndon Hill Holloway Langford McGill Moore Overby Parker Reynolds Riley

Rowan Skene Smalley Smith Starr Sutton Thompson Tysinger Warren Wasden Young

Those voting in the negative were Senators:

Cox Dean Gillis Holley Hudgins

Jackson Johnson Kennedy Kidd Lester

London McDuffie Salter Ward Zipperer

Those not voting were Senators:

Barker Brown of 47th

Howard Stephens

Summers Webb

On the passage of the bill, the ayes were 35, nays 15.

952

JOURNAL OF THE SENATE,

The bill, having1 received the requisite constitutional majority, was passed by substitute.

Senator Bell of the 5th moved that SB 440 be immediately transmitted to the House.

On the motion, the ayes were 47, nays 0; the motion prevailed, and SB 440 was immediately transmitted to the House.

SB 601. By Senator Lester of the 23rd:
A bill to amend an Act providing for the payment of the cost of care of persons admitted or committed to State institutions which come under the management and control of the Georgia Department of Human Re sources, approved Mar. 23, 1960 (Ga. Laws 1960, p. 1138), as amended, so as to change the definition of certain terms; to provide that any per son voluntarily admitted or committed to a State institution shall pay his cost of care.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Cleland Cog-gin Coverdell Cox Dean Doss Eldridge Fincher Garrard Hamilton Henderson

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Sutton Thompson Tysinger Ward Warren Wasden Zipperer

TUESDAY, FEBRUARY 12, 1974

953

Those not voting were Senators:

Barker Duncan Gillis

Hudgins Overby Stephens

Summers Webb Young

On the passage of the bill, the ayes were 47, nays 0.

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

Senator Lester of the 23rd moved that SB 601 be immediately transmitted to the House.

On the motion, the ayes were 33, nays 0; the motion prevailed, and SB 601 was immediately transmitted to the House.

Senator Gillis of the 20th resumed the Chair.

SB 444. By Senator Johnson of the 38th:
A bill to define and regulate the profession of court reporting; to re quire a certificate of proficiency for each court reporter practicing in the State of Georgia; to create a State Board of Court Reporting and define its powers; to prescribe examination, certification and regulation of such court reporters; to waive examination under specified condi tions; to repeal conflicting laws.

The Senate Committee on Judiciary offered the following substitute to SB 444:
A BILL
To be entitled an Act to be known as "The Georgia Court Reporting Act"; to provide a short title; to provide for a declaration of purpose; to provide that the Judicial Council of Georgia is an agency of the judi cial branch of State government for certain purposes; to provide for authority, powers and duties of the Judicial Council and of the Board of Court Reporting of the Judicial Council relative to the regulation of court reporting; to require certification of court reporters; to provide for injunctions; to provide for penalties; to provide that it shall be un lawful for a person to engage in the practice of court reporting without being certified; to provide for rules and regulations; to provide for practice and procedure; to provide for other matters relative to the fore going; to provide for severability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Short Title. This Act shall be known and may be cited as "The Georgia Court Reporting Act".
Section 2. Declaration of Purpose. It is hereby declared by the General Assembly of Georgia that the practice of court reporting car ries important responsibilities in connection with the administration of justice, both in and out of the courts; that court reporters are officers of the courts, and that the right to define and regulate the practice of court reporting belongs naturally and logically to the judicial branch of the State government. Therefore, in recognition of these principles, the purpose of this Act is to act in aid of the judiciary so as to insure mini mum proficiency in the practice o'f court reporting by recognizing and conferring jurisdiction upon the Judicial Council of the State of Georgia to define and regulate the practice of court reporting.
Section 3. Judicial Council of Georgia; Agency of Judicial Branch. The Judicial Council of Georgia, as created by an Act approved April 3. 1973 (Ga. Laws 1973, p. 288), is hereby declared to be an agency of the judicial branch of State government for the purpose of defining and regulating the practice of court reporting in this State.
Section 4. Definitions. The following words and phrases when used in this Act shall have the following meanings:
(1) "Court Reporting" shall mean the making of a verbatim rec ord by means of manual shorthand, machine shorthand or Stenomask or other means of personal verbatim transcription of any testimony given under oath before, or for submission to, any court, referee, court ex aminer or board, commission or other body created by statute of this State, or any other proceeding where a verbatim record is required.

(2) "Court Reporter" shall mean any person who is engaged in the practice of court reporting as a profession as defined in this Act. The term "court reporter" shall include not only those who actually report judicial proceedings in courts, but those who make verbatim records as defined in subsection (1) of this Section.
(3) "Certified Court Reporter" shall mean any person certified under the provisions of this Act to practice verbatim reporting.
(4) "Board" shall mean the Board of Court Reporting of the Judi cial Council as hereinafter provided.
Section 5. Board of Court Reporting of the Judicial Council, crea tion, name, membership, appointment, qualifications, terms, vacancies, removal. There is hereby established a board which shall be known and designated as the "Board of Court Reporting of the Judicial Council" and shall be composed of seven members, four members to be Certified Court Reporters and two members to be representatives from the State Bar of Georgia, and one member from the judiciary, each of whom

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955

shall have not less than five years' experience in his or her profession. The initial board shall be appointed by the Judicial Council. The term of office shall be two years, and the Judicial Council shall fill vacancies on the board.

Any member of this board may be removed by the Judicial Council after a hearing at which the Judicial Council shall have determined cause for removal.
Section R. Oath of office taken by board, certificate of appoint ment. Immediately and before entering' upon the duties of said office, the members of the State Board of Court Reporting shall take the oath of office, and shall file the same in the office of the Judicial Council, which upon receiving said oath of office, shall issue to each member a certificate of appointment.
Section 7. Organization of board, rules and regulations. The board shall each year elect from its members a chairman whose term shall be for one year and who shall serve during the period for which elected and until his or her successor shall be elected. The board shall make all nec essary rules and regulations to carry out the provisions of this Act, but said rules and regulations shall be subject to review by the Judicial Council.
Section 8. Certified Court Reporter, corporation and firm name; regulations. Any person who has received from the board a certificate as herein provided for shall he known and styled as a "Certified Court Reporter", and shall be authorized to practice as such in the State of Georgia and to use such title or the abbreviation "C.C.R." in so doing. No other person, firm or corporation, all of the members of which have not received such certificate, shall assume the title "Certified Court Re porter" or the abbreviation "C.C.R.", or any other words or abbreviations tending to indicate that the person, firm or corporation so using the same is a certified court reporter.
Section 9. Issuance of certificate, qualifications for certification. The board shall grant a certificate as a Certified Court Reporter to any citizen of the United States residing or having a place for the regular transaction of business in this State (a) who has attained the age of eighteen years, is of good moral character, and is a graduate of a high school or has had an equivalent education; and (b) who has, except as provided in Section 11 of this Act. successfully passed an examination in verbatim court reporting as prescribed in Section 10 of this Act.

Section 10. Examination of applicants, fee. scope of examination. Every person desiring to commence the practice of court reporting in this State shall file an application for a certificate with the State Board of Court Reporting upon such form as shall be adopted and prescribed by the board. At the time of making such application the applicant shall deposit with the board an examination fee, to be determined by the board. Examinations shall be conducted as often as may be necessary as determined by the board, provided, that examinations are conducted at least once annually. Applicants shall be notified by mail of the holding of such examinations no later than ten (10) days before the date upon

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which such examinations are to be given. Examinations shall be con ducted and graded according- to rules and regulations prescribed by the board.
Section 11. Exemption from taking examination. Any person, a citi zen of the United States, who has attained the age of eighteen years, of good moral character, who shall submit to said board an affidavit under oath that he or she has been actively and continuously for one year preceding the passage of this Act principally engaged as a court reporter shall be exempt from taking such examination and shall be granted a certificate as a "Certified Court Reporter".

Section 12. Limitations after one year following effective date. After expiration of one year after the date this Act becomes law, no person shall engage in the practice of verbatim court reporting in this State unless such person is the holder of a certificate as a "Certified Court Reporter" issued under the provisions of this Act.

Section 13. Revocation, notice to certificate holder, hearing, wit nesses. On a verified complaint, the board may revoke or suspend any certificate issued under this Act for unprofessional conduct or other sufficient cause after notice of and opportunity for hearing. Said notice shall state the cause for such contemplated revocation, the time and place of such hearing, and shall be mailed to the registered address of the holder of such certificate at least thirty (30) days before such hear ing. Each board member shall be empowered to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evi dence and require the production of any records, concerning any matter within the jurisdiction of the board. The board shall reduce to writing a summary of the evidence given before it, and shall make a written finding of facts thereon. Certificates may be revoked or suspended for one or more of the following reasons:

(1) Conviction of a felony subsequent to the passage of this Act;

(2) Conviction of a misdemeanor involving moral turpitude subse quent to the passage of this Act;

(3) Fraud, dishonesty, corruption, willful violation of duty, or has become incompetent to continue to perform his or her duties as a court reporter;
(4)Fraud or misrepresentation resorted to in obtaining a certificate under this Act. Provided, however, that any disciplinary action of the board may be appealed by the aggrieved person to the Judicial Council, which shall have the power to review said determination by the board.

Section 14. Penalties for violation. If, after this Act becomes law, any person shall represent himself or herself as having received a cer tificate as provided for in this Act, or shall practice as a Certified Court Reporter without having received such certificate, or, after having his or her certificate revoked, shall continue to practice as a Certified Court Reporter in the State of Georgia, or shall use any title or abbre viation indicating that the person using same is a Certified Court Re-

TUESDAY, FEBRUARY 12, 1974

957

porter, or shall violate any of the provisions of this Act, said person shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor.

Section 15. Injunction against violations. On the verified complaint of any person that any person, firm or corporation has violated any of the provisions of this Act, the board may, with the consent of the Judi cial Council, file an equitable petition in its own name in the superior court of any county in this State having jurisdiction of the parties, al leging the facts and praying for a temporary restraining order and temporary injunction or permanent injunction against such person, firm or corporation restraining them from violating the provisions of this Act and upon proof thereof the Court shall issue such restraining order, temporary injunction or permanent injunction without requiring allega tion or proof that the petitioner has no adequate remedy at law. The right of injunction provided for in this Section shall be in addition to any other legal remedy which the board has, and shall be in addition to any right of criminal prosecution provided by law.

Section 16. Temporary employment permit. Nothing in this Act shall be construed to prohibit the temporary employment of any per son not certified under this Act who has first obtained a temporary per mit from the board or from a judge in the circuit in which the cause is pending. The board may limit the extent of such temporary permit based upon the need for such temporary employment.

Section 17. Renewal of certificate. Every Certified Court Reporter who continues in the active practice of verbatim court reporting shall annually, on or before April 1, following the date of issuance of the cer tificate under which he is then entitled to practice, renew such certifi cate upon the payment of a fee established by the board. Every certifi cate which has not been renewed on the first day of April shall expire on that date of that year and shall result in the suspension of that re porter's right to practice under this Act, which suspension shall not be terminated until all delinquent fees have been paid.

Section 18. The Judicial Council shall have the authority to estab lish minimum salaries which shall be paid to court reporters employed by any court created by the Constitution or laws of this State from the State Treasury; provided, however, that nothing herein shall pi-event the State or any county thereof from providing additional compensa tion, salary or employment benefits to any court reporter.

Section 19. The administrative and staff work of the Board of Court Reporters of the Judicial Council shall be among the duties of the Administrative office of the courts, created by Georgia Laws 1973, page 288. The director of the administrative office of the courts shall serve as secretary of the Board of Court Reporters of the Judicial Coun cil, and shall perform all duties as may be assigned to him either by the board or the Judicial Council to implement the provisions of this Act.

Section 20. Effective date. This Act shall become effective upon its approval by the Covernor or upon its becoming law without his approval.

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Section 21. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Johnson of the 38th offered the following amendment:
Amend the committee substitute to SB 444 by adding on Page 1, line 14 after the word "foregoing" and before the word "to" the fol lowing:
"to provide for minimum salaries for official court reporters;".

On the adoption of the amendment, the ayes were 33, nays 1, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the ayes were 34, nays 1, and the com mittee 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 Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th
Brown of 47th Carter Cleland Coggin Dean Eldridge Hamilton Henderson Herndon Holley Holloway

Howard Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker Reynolds

Those voting in the negative were Senators:

Coverdell Cox

Doss Langford

Riley Rowan Salter Skeno Smalley Smith Starr Button Thompson Ward Warren Wasden Zipperer
Tysinger

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959

Those not voting were Senators:

Barker Duncan Fincher Garrard

Gillis (presiding) Hill Hudgins Stephens

Summers Webb Young1

On the passage of the bill, the ayes were 40, nays 5.

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

SB 596. By Senators Coverdell of the 40th and Hcrndon of the 10th :
A bill to amend Code Section 92-6402, relating to taxes payable to coun ties in which returns are made, so as to provide that a penalty of five (5"t ) percent of the tax shall accrue on taxes not paid on or before December 20 of each year and interest shall accrue on unpaid taxes and penalties at a rate of eight (?>'/< ) percent per annum plus a surcharge as determined for the applicable tax year by the State Revenue Com missioner.

The Senate Committee on Banking and Finance offered the following substi tute to SB 596:
A BILL
To be entitled an Act to amend Code Section 92-6402, relating to taxes payable to counties in which returns are made, so as to provide for a penalty to accrue on taxes not paid on or before certain dates; to provide that interest shall accrue on unpaid taxes and penalties at a certain rate; to provide that execution shall issue for taxes, penalties and interest against delinquent taxpayers; to provide for relief from delinquency penalties when a tax is challenged pursuant to the laws of this State; to amend Code Section 92-7601, relating to executions on which interests is allowed, rate of interest and the effect of imposition of penalties, so as to change the provisions relative to rate of interest; to provide for the imposition of penalties; to provide for time of pay ment of taxes as to municipalities; to provide for all matters relative to the foregoing; to provide for severability; to provide for the effective date of the Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 92-6402, relating to taxes payable to coun ties in which returns are made, is hereby amended by designating the present Code Section, except for the caption thereof, as subsection (a)

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of said Code Section and by adding at the end thereof two new subsec tions to be designated subsections (b) and (c) and to read as follows:

"(b) In each and every county to which returns are made, the taxes shall become delinquent if not paid by the 20th day of Decem ber in each year, or if the notice of taxes due is not sent at least 30 days before such date, then the taxes shall become delinquent on the 30th day after the notice of taxes due is sent. A penalty of five (5'/i) percent of the taxes due shall accrue on such taxes that are not paid before the same become delinquent. Interest on all taxes not paid when they first become due and on all penalties when as sessed shall accrue at the rate of eight (8 f/i ) percent per annum. The taxe collectors or tax commissioners shall issue executions for all taxes, penalties and interest against each delinquent taxpayer in their respective counties.

(c) No taxes which are the subject of any arbitration, equaliza tion or other procedure for the review of tax liability allowed by the laws of this State shall be considered delinquent hereunder; provided, however, that the taxpayer in such a case shall first pay to the county to which such taxes are due the amount of taxes which would be due if the assessed valuation of the property sub ject to tax were the same as that determined for the prior tax year or the amount of taxes which would be due on the portion of assessed valuation which is not in dispute, whichever is greater; provided further, however, that a taxpayer within ten (10) days of receipt of a tax notice may petition the Superior Court of the county in which the return was made to determine a lower amount to be paid to the county under this sentence upon a showing- that the value of property subject to tax has suffered a sudden, substantial drop due to fire, storm, earthquake or other similar casualty. In the event that the taxes finally determined to be due under any such review procedure exceed the amount of taxes paid to the county under the preceding sentence, the excess amount shall bear interest at the rate provided in subsection (b) hereof from the date on which such taxes were due until they are paid in full."

Section 2. Code Section 92-7601, relative to executions on which interest is allowed, rate of interest and the effect of imposition of penal ties, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 92-7601 to read as follows:
"92-7601. Executions on which interest allowed; imposition of penalties. All executions issued for taxes due the State, any county thereof, or any municipal corporation therein, whether issued on assessments for permanent improvements of streets or sewers of said municipal corporation, or otherwise, as to municipal taxes as well as State and county taxes, shall bear interest and be subject to the penalties provided by subsection (b) of Code Section 92-6402, relating to taxes payable to counties in which returns are made, as now or hereafter amended; provided, however, as to municipal taxes, the time for the payment of taxes shall be as now or here after provided by the charter or by ordinance of the municipality."

TUESDAY, FEBRUARY 12, 1974

861

Section 3. 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 in valid or unconstitutional.

Section 4. This Act shall be effective for all taxable years beginning after December 31, 1973.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Hill of the 29th moved that SB 596 be tabled.

On the motion, Senator Coverdell of the 40th called for the ayes and nays, and the call was sustained.

Senator Gillis, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Carter Cleland Coggin Cox Eldridge Fincher Hamilton Henderson

Hill Hudgins Johnson Kennedy Kidd Lester London McDuffie McGill

Moore Overby Reynolds Riley Salter Stephens Sutton Thompson Zipperer

Those voting in the negative were Senators:

Ballard Broun of 46th Coverdell Doss Garrard Herndon

Holloway Howard Langford Rowan Skene Smith

Starr Tysinger Ward Warren Wasden

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Those not voting were Senators:

Barker Brown of 47th Dean Duncan

Gillis (presiding) Holley Jackson Parker

Smalley Summers Webb Young

On the motion, the ayes were 27, nays 17; the motion prevailed, and SB 596 was tabled.

Senator Gillis of the 20th, who was presiding, announced the Senate would stand in recess from 12:15 o'clock P. M. until 1:30 o'clock P. M.

The President called the Senate to order at 1:30 o'clock P. M.

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:

HB 1372. By Mr. Oxford of the 101st:
A bill to amend Code Title 92, relating to public revenue, so as to pro vide for refunds of taxes and license fees which have been erroneously or illegally assessed and collected by counties and municipalities or over paid by taxpayers, whether paid voluntarily or involuntarily.

The Committee on Banking and Finance offered the following amendment: Amend HB 1372 by striking on Page 3, line 13, the words, "two years",
and inserting in lieu thereof the words, "one year". And by striking on Page 3, line 14, the word, "two-year",
and inserting in lieu thereof the word, "one-year".
On the adoption of the amendment, the ayes were 31, nays 0, and the com mittee amendment was adopted.

TUESDAY, FEBRUARY 12, 1974

963

Senator Holley of the 22nd offered the following amendment:

Amend HB 1372 by striking on Page 3, line 19 the words "two-year".

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coverdell Cox Dean Doss Eldridge Fincher Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Kennedy Langford London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith
Starr Sutton Thompson Tysinger Warren Wasden Young Zipperer

Those not voting were Senators:

Cleland Coggin Duncan Garrard

Jackson Johnson Kidd Lester

Stephens Summers Ward Webb

On the passage of the bill, the ayes were 44, nays 0.

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

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SR 307. By Senator Moore of the 56th:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a person sentenced to imprisonment for the violation of a law of this State relating to pharmacists, pharmacy or drugs shall not be eligible for reprieve, pardon or parole, commutation of penalty or remittal of any part of a sentence; 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 XI of the Constitution is hereby amended by adding at the end thereof the following:
"The State Board of Pardons and Paroles shall not grant a re prieve, pardon or parole, or commute the penalty or remit any part of a sentence of a person who has been sentenced to imprisonment for the violation of a law of this State relating to pharmacists, pharmacy or drugs."
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 the State Board of Pardons and Paroles shall not
( ) NO grant a reprieve, pardon or parole, or commute the penalty or remit any part of a sentence of a person sentenced to imprisonment for the violation of a law of this State relating to pharmacists, pharmacy or drugs?"
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 Senate Committee on Special Judiciary offered the following substitute to SR 307:

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965

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that a person sentenced to imprisonment for the violation of a law of this State relating to pharmacists, pharmacy or drugs shall not have the imposition or execution of his sentence suspended, probated or paroled until at least one-third of the sentence imposed for the offense shall have been served, except in the case of conviction for a first offense; 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 V, Section I, Paragraph XI of the Constitution is hereby amended by adding at the end thereof the following:
"The State Board of Pardons and Paroles shall not grant sus pension, probation or parole the sentence of a person who has been sentenced to imprisonment for the violation of a law of this State relating to pharmacists, pharmacy or drugs until at least one-third of the sentence imposed for the offense shall have been served, ex cept in the case of conviction for a first offense."

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 the State Board of Pardons and Paroles shall not
( ) NO grant suspension, probation or parole the sentence of a person sentenced to imprisonment for the violation of a law of this State relating to pharmacists, phar macy or drugs until at least one-third of the sentence imposed for the offense shall have been served, except in the case of conviction for the first offense?"
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 38, nays 0, and the committee substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Coverdell Cox Dean Fincher Gillis Henderson

Holley Howard Kennedy Kidd Lester London McGill Moore Overby Parker Reynolds

Riley Salter Smith Starr Thompson Tysinger Warren Wasden Young Zipperer

Those voting in the negative were Senators:

Carter Doss Eldridge Hamilton Herndon

Hill Holloway Hudgins Langford McDuffie

Rowan Skene Smalley Sutton

Those not voting were Senators:

Cleland Coggin Duncan Garrard

Jackson Johnson Stephens

Summers Ward Webb

On the adoption of the resolution, the ayes were 32, nays 14.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Senator Moore of the 56th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 307.

Senator Coggin of the 35th assumed the Chair.

TUESDAY, FEBRUARY 12, 1974

967

SB 603. By Senator Smith of the 34th:
A bill to amend Code Chapter 53-1, relating to marriage, as amended, so as to require a sterilization procedure to be performed on certain irreversibly and incurably mentally incompetent persons before such persons shall be permitted to enter into marriage; to provide procedures whereby it can be determined whether certain persons should have a sterilization procedure performed.

Senators Warren of the 43rd and Starr of the 44th offered the following amendment:
Amend SB 603 by striking on Page 2, lines 3-6 the phrase beginning "or under" and ending "Human Resources".
and by striking on Page 2, lines 17-23 the clause "or" through "aid",
and by striking on Page 2, lines 25-29, the clause "or" through "health",
and by striking on Page 2, line 15, "(1)".
Senator Hudgins of the 15th moved that SB 603 be tabled.
On the motion, Senator Eldridge of the 7th called for the ayes and nays, and the call was sustained.

Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Doss Eldridge Garrard Hamilton

Henderson Herndon Hill Holloway Hudgins Jackson Johnson Kennedy Langford Lester London

Overby Parker Rowan Salter Smalley Starr Thompson Tysinger Ward Young

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Those voting in the negative were Senators:

Barker Cox Dean Fincher Gillis Howard

Kidd McDuffie McGill Moore Riley Skene

Smith Stephens Sutton Warren Wasden Zipperer

Those not voting were Senators:

Coggin (presiding) Duncan

Holley Reynolds

Summers Webb

On the motion, the ayes were 32, nays 18; the motion prevailed, and SB 603 was tabled.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

HB 166. By Messrs. Pinkston and Evans of the 89th:
A bill to provide that the board of trustees or directors of any two or more retirement systems, by mutual consent, may pool their trust funds for investment purposes.

The Conference Committee Report was as follows:
Mr. President and Mr. Speaker:
Your Conference Committee on HB 166 has met and submits the following recommendations:
That the House and Senate recede from their respective positions and that the attached Substitute to HB 166 be adopted.

For the Senate
/a/ Terrell A. Starr Senator, 44th District
/s/ James W. Tysinger Senator, 41st District
/s/ Howard T. Overby Senator, 49th District

Respectfully submitted,
For the House
/s/ Frank C. Pinkston Representative, 89th District
/s/ Billy L. Evans Representative, 89th District
/s/ G. Robert Howard Representative, 19th District

TUESDAY, FEBRUARY 12, 1974

969

Conference Committee Substitute to HB 166:

A BILL

To be entitled an Act to provide that the board of trustees or direc tors of any two or more retirement systems, financed by State tax funds, by mutual consent, may pool their trust funds for investment purposes; to provide such authority to local retirement systems under certain circumstances; to provide for the accounting of such funds; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. The board of trustees or directors, by whatever name known, of any two or more retirement systems, financed by State tax funds, pursuant to the mutual consent of such boards, may pool their trust funds for the purposes of joint investment. The board of trustees or directors, by whatever name known, of any two or more local retire ment systems funded by a single political subdivision may likewise pool their trust funds under the provisions of this law. When such pooling occurs, the board of trustees of the managing retirement system shall account for the pooled trust funds in accordance with generally accepted principles of accounting in order to maintain separate accountability of such funds while under its management. In the event that the trust funds of a retirement system are pooled for investment purposes with one or more retirement systems, the pooled trust funds may be invested in accordance with those provisions of law governing the State Em ployees' Retirement System notwithstanding any other provisions of law to the contrary. Provided, however, nothing in this Act shall estab lish a legal provision for combining the Employees' Retirement System with the Teachers' Retirement System.

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Tysinger of the 41st moved that the Conference Committee Report be adopted.

On the motion, the ayes were 29, nays 0; the motion prevailed, and the Con ference Committee Report on HB 166 was adopted.

HB 1369. By Mr. Bray of the 66th:
A bill to amend an Act establishing the Employees' Retirement System, so as to allow employees of the State of Georgia who were formerly employees of the Georgia Warm Springs Foundation to purchase credit for previous employment service credited under the Employees' Retire ment System of Georgia.

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The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

February 5, 1974

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note--House Bill 1369--Committee Substitute

Please find attached copy of memorandum from Mr. Abe Domain, Director, Employees' Retirement System, concerning the above captioned bill which we feel is self-explanatory.

is/ E. B. Davis Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, Jr. James T. Mclntyre, State Planning & Budget Officer

EMPLOYEES' RETIREMENT SYSTEM February 1, 1974

Memo to: Honorable Paul Coverdell, Chairman Senate Retirement Committee

From:

Abe Domain Director

Re:

Fiscal Note--House Bill 1369 (Committee Substitute)

Section 1. This Committee Substitute amends the Retirement Sys tem Act to authorize approximately two hundred former employees of the Warm Springs Foundation to become members of our System with the privilege of purchasing all, or any part, of their previous service as employees of the Warm Springs Foundation upon receipt of payment for the accrued liability as determined by the Board of Trustees of this System.
The Fiscal Note on House Bill 1369 dated January 25, 1974 re flected that the conditions under which service would be purchased would result in an overpayment to the Retirement System of approxi mately eight hundred thousand dollars.
This substitute changes the conditions of purchasing service so that the payment of past service credits will not result in an overpayment

TUESDAY, FEBRUARY 12, 1974

971

to the Retirement System but, in fact, it provides for an appropriate payment for any liability which will be incurred by the System as deter mined by the Board of Trustees of our System.

The actuarial soundness of the System will not be affected by this substitute since provisions are made for an appropriate payment to cover the accrued liabilities for past service credits, which payments are to be made at the time any member elects to purchase his credits and such purchase will be final.

In conclusion, this substitute eliminates the "money making" condi tions in the original bill to a level funding condition.

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

On the passage of the bill, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell
Cox
Dean
Doss
Duncan
Eldridge
Fincher
Gillis

Hamilton Hill Holloway Howard Hudgins Jackson Kennedy Kidd
Langford
London
McDuffie
McGill
Moore
Overby

Parker Reynolds Riley Salter Skene Smalley Starr Stephens
Sutton
Thompson
Ward
Warren
Young
Zipperer

Those not voting were Senators:

Coggin (presiding) Garrard Henderson Herndon Holley

Johnson Lester Rowan Smith

Summers Tysinger Wasden Webb

On the passage of the bill, the ayes were 43, nays 0.

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

HR 483. By Messrs. Walker of the 100th and Grahl of the 88th:
A resolution authorizing the conveyance of certain real estate located in the City of Montezuma in Macon County.

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

On the adoption of the resolution, Senator Coggin of the 35th, who was pre siding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Dean Doss Eldridge Fincher Gillis Henderson

Hill Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Reynolds Riley Salter Skene Smalley Smith Starr Stephens Sutton Thompson Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Coggin (presiding) Duncan Garrard Hamilton

Herndon Johnson Parker Rowan

Summers Tysinger Webb

On the adoption of the resolution, the ayes were 45, nays 0.

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

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973

The following resolution of the Senate, defeated on February 5, and recon sidered on February 6, was put upon its passage:

SR 277. By Senator Kidd of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize certain nonprofit or veterans organizations to operate bingo games; to provide that nonprofit or veterans organizations desiring to operate bingo games shall register annually with the State Revenue Commis sioner; 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 I, Section II, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, any nonprofit or veterans organization which has been in existence for a period of three years or more shall be au thorized to operate bingo games. Any nonprofit or veterans organi zation desiring to operate bingo games shall register annually with the State Revenue Commissioner. The annual registration fee shall be twenty-five dollars ($25.00). The State Revenue Commissioner shall supply registration forms which shall contain as a minimum the following information:
(a) the name and address of the organization;
(b) the names and addresses of the current officers of the organization; and
(c) the days of the week and time when bingo games are oper ated and the maximum prize or jackpot offered on such days.
The operator of any bingo games must be a resident of the community where the organization is located and a bona fide mem ber of the organization sponsoring such games and shall not be compensated in any way for operating bingo games. No nonprofit or veterans organization shall be authorized to operate bingo games on Sunday. Counties and municipalities shall also be authorized to further license and regulate bingo games, and nothing contained herein shall be construed so as to limit such 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.

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

"( ) YES Shall the Constitution be amended so as to authorize certain nonprofit or veterans organizations to oper-
( ) NO ate bingo games and to provide that nonprofit or veterans organizations desiring to operate bingo games shall register annually with the State Reve nue Commissioner?"

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 following five amendments to SR 277 were adopted by the Senate on February 5, 1974:

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SR 277 by adding on line 19, Page 1, following the words "twenty-five dollars ($25.00)", the following:
"and shall post annually with the State Revenue Commissioner a surety in a company authorized to do business in Georgia in an amount not less than $5,000, conditioned upon the payment to the State of Georgia of all taxes, charges, and fees required by law and upon compliance by such nonprofit or veterans organization, its officers, directors, agents, and employees with all other laws of the State of Georgia and all duly adopted regulations of administrative agencies of this State."

The Senate Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SR 277 by adding on Page 2, line 10, following the word "authority" the following:
"The State Revenue Commissioner is directed and authorized to promulgate such reasonable rules and regulations as may be appropriate to assure that such bingo games are conducted lawfully and in accordance with all provisions of Georgia law."

TUESDAY, FEBRUARY 12, 1974

975

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:

Amend SR 277 by adding on line 5, Page 2, following the word "games" the following:

"No organization shall be granted registration by the State Revenue Commissioner of a bingo game, if any officer, director stockholder, agent or employee thereof shall have been sentenced as for the commission of a felony, whether upon conviction or upon a plea of guilty or nolo contendere by any court of this State or of the United States or of any other State within ten years next pre ceding the application for registration."

Senator Rowan of the 8th offered the following amendment:
Amend SR 277 by adding after the period on Page 2, line 7 the fol lowing:
"No officer, member or employee of any organization operating a bingo game or any other person shall receive any salary, wages, reimbursement of expenses, remuneration or compensation paid in whole or in part from the proceeds of any bingo game. No organi zation operating a bingo game shall expend any portion of the pro ceeds of a bingo game for capital improvement on any property owned or used by such organization."

Senator Coverdell of the 40th offered the following amendment:
Amend SR 277 by adding on Page 2, line 2, after the word "com munity" and before the word "where" the following:
"for one year".

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

The resolution, proposing an amendment to the Constitution, a roll call was ordered by Senator Coggin of the 35th, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th

Cleland Coverdell Cox

Dean Fincher Gillis

976
Hamilton Henderson Holley Howard Hudgins Johnson Kennedy Kidd Lester

JOURNAL OF THE SENATE,

London McDuffie McGill Moore
Overby Parker Reynolds Riley

Salter Skene Smalley Starr
Ward Wasden Young Zipperer

Those voting in the negative were Senators:

Barker Brown of 47th Carter Doss Eldridge

Herndon Hill Holloway Jackson Langford

Smith Sutton Thompson Tysinger

Those not voting were Senators:

Coggin (presiding) Duncan Garrard

Rowan Stephens Summers

Warren Webb

On the adoption of the resolution, the ayes were 34, nays 14.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

The following general bills and resolutions of the Senate and House, favor ably reported by the committees, were read the third time and put upon their passage:
SB 594. By Senators Brown of the 47th and Zipperer of the 3rd:
A bill to amend Code Section 95A-961, relating to the issuance of per mits allowing motor vehicles to exceed the weight, width, length or height limitations imposed by law, so as to provide that such permits may be issued for motor vehicles which are transporting loads which can be dismantled.

The Senate Committee on Public Utilities and Transportation offered the following substitute to SB 594:
A BILL
To be entitled an Act to amend Code Section 95A-961, relating to the issuance of permits allowing motor vehicles to exceed the weight, width, length or height limitations imposed by law, so as to provide that such permits may be issued for motor vehicles which are transporting loads

TUESDAY, FEBRUARY 12, 1974

977

which can be dismantled; to provide that no permit may be issued when the issuance of the permit would result in the loss of Federal aid funds; to provide that no permit may be issued for motor vehicles which exceed a single axle weight of 20,340 pounds while transporting loads which may be readily dismantled or separated; 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 95A-961, relating to the issuance of permits allowing motor vehicles to exceed the weight, width, length or height limitations imposed by law, is hereby amended by striking in its entirety the first paragraph thereof and substituting in lieu thereof tbe fol lowing:

"The Commissioner or the official of the Department desig nated by the Commissioner may, in his discretion, upon application in writing and good cause being shown therefor, issue a permit in writing authorizing the applicant to operate or move upon the State's public roads a motor vehicle or combination of vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law. No permit shall be issued to any vehicle whose operation upon the public roads of this State threatens to unduly damage a road or any appurtenance thereto. No permit may be issued when the issuance of such permit would result in the loss of any Federal aid funds to the State of Georgia. No permit shall be issued for any motor vehicle which ex ceeds a single axle weight of 20,340 pounds while transporting loads which may be readily dismantled or separated."

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 Warren of the 43rd offered the following amendment:
Amend the committee substitute to SB 594 by striking on Page 1, line 26 the word "width".

On the adoption of the amendment, the ayes were 31, nays 5, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the ayes were 40, nays 1, 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.

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On the passage of the bill, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cox Dean Doss Eldridge Fincher Garrard Gillis Henderson Hill

Holley Holloway Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Skene Smalley Smith Starr Stephens Sutton Thompson Ward Warren Wasden Zipperer

Those voting in the negative were Senators:

Cleland Coverdell Hamilton

Herndon Hudgins Salter

Tysinger Young

Those not voting were Senators:

Coggin (presiding) Duncan

Howard Summers

Webb

On the passage of the bill, the ayes were 43, nays 8.

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

Senator Kidd of the 25th moved that SB 594 be immediately transmitted to the House.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SB 594 was immediately transmitted to the House.

TUESDAY, FEBRUARY 12, 1974

979

HR 259. By Messrs. Connell of the 80th. Carr of the 90th. Wilson of the 94th and others:
A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the payment of $250,000 to the first person, firm or corporation, or combination thereof, which estab lishes a plant for the commercial production of aluminum ore (alumina or aluminum chloride) from kaolin and produces a minimum of 300,000 tons annually; 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 VII, Section I, Paragraph II of the Constitution is hereby amended by adding- at the end thereof the following- paragraph:

"The General Assembly is hereby authorized to provide by law for the payment of $250,000 to the first person, firm or corporation, or combination thereof, which establishes a plant for the commercial production of aluminum ore (alumina or aluminum chloride) from kaolin and produces a minimum of 300,000 tons annually."

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 for the pay-
( ) NO ment of $250,000 to the first person, firm or corpora tion, or combination thereof, which establishes a plant for the commercial production of aluminum ore (alumina or aluminum chloride) from kaolin and pro duces a minimum of 300.000 tons annually?"

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 Sutton of the 9th offered the following amendment:
Amend HR 259 by adding on Page 1, line 19, a new sentence to read as follows:

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"The kaolin must be mined in Georgia and the manufacturing plant located in Georgia."

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 adoption of the resolution, was agreed to as amended.

The resolution, proposing an amendment to the Constitution, a roll call was ordered by Senator Coggin of the 35th, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coverdell Cox Dean Eldridge
Garrard Gillis Hamilton Hill

Holley Howard Jackson Kennedy Kidd Lester London McDuffie McGill Overby Reynolds Riley Rowan

Those voting in the negative were Senators:

Doss Henderson

Herndon Langford

Those not voting were Senators:

Ballard Cleland Coggin (presiding) Duncan

Fincher Holloway Hudgins Johnson

Salter Skene Smalley Smith Starr Stephens Sutton Tysinger Warren Wasden Young Zipperer
Parker Thompson
Moore Summers Ward Webb

On the adoption of the resolution, the ayes were 38, nays 6.

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

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981

SR 333. By Senator Wasden of the 2nd:
A resolution requesting the Secretary of Transportation of the United States to establish an AMTRAK rail passenger route between Savannah and Atlanta.

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

On the adoption of the resolution, Senator Coggin of the 35th, who was pre siding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Warren
Wasden Young Zipperer

Those not voting were Senators:

Cleland Coggin (presiding) Duncan

Holley Hudgins Summers

Ward Webb

On the adoption of the resolution, the ayes were 48, 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 Conference Committee Report thereto:

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HB 246. By Messrs. Brown of the 89th and Adams of the 36th:
A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license.

The Conference Committee Report was as follows:
Mr. President and Mr. Speaker:
Your Conference Committee on HB 246 has met and submits the following recommendations:

That the House and Senate recede from their respective positions and that the attached Substitute to HB 246 be adopted.

FOR THE SENATE
/s/ Steve Reynolds Senator, 48th District
/s/ Floyd Hudgins Senator, 15th District
/s/ W. D. Ballard Senator, 45th District

Respectfully submited, FOR THE HOUSE
/s/ Phillip Brown Representative, 89th District
/s/ J. R. Smith Representative, 74th District
/s/ G. D. Adams Representative, 36th District

Conference Committee Substitute to HB 246:
A BILL
To be entitled an Act to authorize the Commissioner of Public Safe ty to establish such rules and regulations governing the cancellation, suspension and revocation of the driver's license of persons committing hazardous motor vehicle violations; to repeal an Act establishing a vio lation point system for the assessment of points for various moving traffic violations and providing for the suspension of drivers' licenses of persons accumulating certain points within certain periods of time, approved March 27, 1968 (Ga. Laws 1968, p. 430), as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Commissioner of Public Safety shall formulate such rules and regulations relative to investigations, interviews, hearings, reexaminations or other procedures as shall be necessary to provide for

TUESDAY, FEBRUARY 12, 1974

988

the cancellation, suspension and revocation of the driver's license of persons who shall commit hazardous motor vehicle violations.

Section 2. An Act establishing- a violation point system for the assessment of points for various moving traffic violations and providing for the suspension of drivers' licenses of persons accumulating certain points within certain periods of time, approved March 27, 1968 (Ga. Laws 1968, p. 430), as amended, is hereby repealed in its entirety.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Ballard of the 45th moved that the Conference Committee Report on HB 246 be adopted.

Senator Warren of the 43rd moved that the Conference Committee Report on HB 246 be printed.
On the motion, the ayes were 29, nays 0; the motion prevailed and the pre siding officer, Senator Coggin of the 35th, instructed the Secretary to have the Conference Committee Report to HB 246 printed.

The President resumed the Chair.

The following general bills and resolutions of the Senate and House, favor ably reported by the committees, were read the third time and put upon their passage:

SB 626. By Senator Wasden of the 2nd:
A bill to amend Code Title 59, relating to juries, as amended, so as to provide for investigative grand juries; to provide for the supervision and termination of investigative grand juries; to provide for all pro cedures, requirements and other matters relative to the foregoing; to repeal conflicting laws.

The Committee on Judiciary offered the following amendment: Amend SB 626 by striking on Page 1, lines 18 and 19 the following: "any elected public official of any county or municipality",
and by inserting in lieu thereof the following: "the district attorney of the circuit".

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On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Carter Cleland Coggin Coverdell Doss Duncan Eldridge

Hamilton Herndon Holloway Howard Jackson Johnson Kidd Moore Parker Riley

Rowan Salter Skene Smalley Smith Tysinger Ward Warren Wasden Young

Those voting in the negative were Senators:

Ballard Brown of 47th Cox Dean Gillis Henderson Hill

Kennedy Langford Lester London McDuffie McGill Overby

Reynolds Starr Stephens Sutton Thompson Zipperer

Those not voting were Senators:

Pincher Garrard

Holley Hudgins

Summers Webb

On the passage of the bill, the ayes were 30, nays 20.

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

Senator Ballard of the 45th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 626.

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985

Senator Holley of the 22nd assumed the Chair.

HR 439. By Messrs. Lane of the 40th, Adams of the 36th and Toles of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution so as to exclude retire ment, pension or disability benefits, up to a certain maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.00; 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 Constitution is hereby amended by striking therefrom the following paragraph:
"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him 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 benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, but not including any federal old age, survivor or disability benefits, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such application shall be processed in the same manner as other appli cations for homestead exemption, and the provisions of law ap plicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as pro vided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall con tinue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penal ties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1972.",

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and substituting in lieu thereof the following paragraph:
"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net in come of his spouse who also occupies and resides at such homestead, as net income is defined by Georiga law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immedi ately preceding taxable year for income tax purposes. For the pur poses of this paragraph, net income shall not include income re ceived as retirement, survivor or disability benefits under the Fed eral Social Security Act or under any other public or private reretirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax com missioner or tax receiver shall provide affidavit forms for this pur pose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974." The ratification of this amendment shall in no way alter, modify, strike or repeal any other amendment to Article VII, Section I, Paragraph IV of the Constitution which may be ratified at the same time as this amendment may be ratified.
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 exclude

TUESDAY, FEBRUARY 12, 1974

987

( ) NO

retirement, pension or disability benefits, up to a certain maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.00?"

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 by Senator Holley of the 22nd, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Gillis

Hamilton Henderson Herndon Hill Howard Jackson Johnson Kennedy Kick! Langford Lcster London McDuffie McGill Moore

Overby Parker Reynolds Riley Rowan Skene Smalley Starr Stephens Sutton Tysinger Warren Wasden Young /ipperer

Voting in the negative was Senator Smith.

Those not voting were Senators:

Duncan Garrard Holley (presiding) Holloway

Hudgins Salter Summers

Thompson Ward Webb

On the adoption of the resolution, the ayes were 45, nays 1.

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

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HB 1418. By Mr. Greer of the 43rd:
A bill to amend Code Section 88-1816, relating to the payment of general obligations of hospital authorities, so as to authorize hospital authorities to issue obligations, other than revenue obligation certificates, having a term in excess of one year.

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, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell
Brown of 47th Carter Coggin Cox Dean Doss Duncan Eldridge Fincher Gillis

Hamilton Henderson Herndon Hill Holloway Jackson Johnson Kennedy Kidd Langford Lester London McGill

Moore Overby Parker Reynolds Riley Rowan Starr Stephens Thompson Wasden Young Zipperer

Those voting in the negative were Senators:

Howard Smalley

Smith Sutton

Tysinger Warren

Those not voting were Senators:

Broun of 46th Cleland Coverdell Garrard

Holley (presiding) Hudgins McDuffie Salter

Skene Summers Ward Webb

On the passage of the bill, the ayes were 38, nays 6.

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

HB 1287. By Mr. Harris of the 51st:
A bill to provide authorization in certain instances for destruction of notes taken by court reporters; to provide for a petition to the trial court authorizing such destruction; to provide for the contents of a petition.

TUESDAY, FEBRUARY 12, 1974

989

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, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter
Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Gillis

Hamilton Henderson Herndon Hill Holloway Howard Jackson Kennedy Kidd Langford Lester London McDuffie Moore Overby Parker

Reynolds Riley Rowan
Salter Smalley Smith
Starr Stephens Thompson Tysinger Warren Wasden Young Zipperer

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Garrard Holley (presiding) Hudgins

Johnson McGill Skene

Summers Ward Webb

On the passage of the bill, the ayes were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed.
HB 1391. By Mr. Burruss of the 21st: A bill to amend an Act regulating employment of children, so as to provide that certain minors can work in wholesale and retail stores.

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, who was presiding, ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Gillis Hamilton

Henderson Herndon Hill Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Warren Wasden Young Zipperer

Those not voting were Senators:

Garrard Holley (presiding)

Hudgins Summers

Ward Webb

On the passage of the bill, the ayes were 50, nays 0.

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

The President resumed the Chair.

The following bill of the House was read the first time and referred to committee:

HB 1425. By Messrs. Northcutt of the 68th and Wheeler of the 13th:
A bill to authorize the sheriff of the various counties of this State to contract with the governing body of any municipal corporation located in the county for the purpose of providing law enforcement services to the municipal corporation; to provide for such contracts and their pro visions ; to provide for the exercise of certain powers by the sheriff and deputy sheriffs.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

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.

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991

Senate Chamber, Atlanta, Georgia Wednesday, February 13, 1974

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 proceedings had been read and found correct.

Senator Moore of the 56th moved that the Senate reconsider its action of February 12, in defeating the following resolution of the Senate:
SR 307. By Senator Moore of the 56th:
A resolution proposing an amendment to the Constitution so as to pro vide that a person sentenced to imprisonment for the violation of a law of this State relating to pharmacists, pharmacy or drugs shall not be eligible for reprieve, pardon or parole, commutation of penalty or remittal of any part of a sentence; to provide for the submission of this amendment for ratification or rejection.

On the motion, the ayes were 32, nays 2; the motion prevailed, and SR 307 was placed on the Senate Calendar.

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

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 1377. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975.

992

JOURNAL OF THE SENATE,

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

HB 1487. By Mr. Cole of the 6th:
A bill to amend an Act approved Feb. 24, 1874 amending and codifying the various acts incorporating the City of Dalton, so as to provide a comprehensive and unified pension plan for certain employees of the City of Dalton.

HB 1864. By Messrs. Roach, Thomason and Harris of the 8th: A bill to amend an Act creating the office of commissioner of Cherokee County, so as to provide for a board of commissioners of Cherokee Countv.
HB 1867. By Mr. Peters of the 2nd: A bill to amend an Act placing the Sheriff of Catoosa County on an annual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to the deputies.

HB 1868. By Mr. Peters of the 2nd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, so as to change the compensation of the commissioner.

HB 1869. By Mr. Peters of the 2nd:
A bill to amend an Act creating the office of Tax Commissioner of of Catoosa County, so as to increase the clerical allowance of the tax commissioner.

HB 1872. By Mr. Irvin of the 10th:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the provisions relative to said board of commis sioners; to provide the voters with certain options relative to the gov erning authority of Stephens County by referendum election.

HB 1873. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act placing certain of the county officers of Cherokee County upon an annual salary, so as to change the compensation of the said county.

WEDNESDAY, FEBRUARY 13, 1974

993

HB 1874. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act placing the clerk of the superior court and ordi nary of Dawson County upon an annual salary, so as to change the com pensation of the ordinary and the deputy clerk of the superior court.

HB 1880. By Messrs. Kreeger and Burruss of the 21st and others:
A bill to amend an Act providing for a new charter for the City of Marietta, so as to extend the corporate limits of said city.

HB 1886. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act incorporating the City of Lilburn in the County of Gwinnett, so as to change the election procedures for the governing authority of the said City; to increase the maximum punishment allowed by the Recorder's Court.

HB 1896. By Mr. Groover of the 75th:
A bill creating and establishing a Small Claims Court for Jones County to be known as the Small Claims Court of Jones County.

HB 1898. By Messrs. Roach, Harris and Thompson of the 8th:
A bill to fix the compensation of the county commissioner of each county of this State having a population of not less than 30,000 or more than 31,500.

HB 1899. By Messrs. Bohannon and Patterson of the 64th and others:
A bill to provide the method of filling vacancies in the membership of the Heard County Memorial Hospital Authority.

HB 1902. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act placing the Sheriff of Glynn County upon an annual salary, so as to provide for additional personnel within the sheriff's office; to change the compensation of the sheriff and certain personnel within the sheriff's office.

HB 1903. By Messrs. Bennett and Reaves of the 124th:
A bill to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of said city; to authorize the City of Val dosta to own and operate a public transportation system in the city and in Lowndes County, and to contract for the operation of such system.

994

JOURNAL OF THE SENATE,

HB 1904. By Messrs. Chance of the 112th, Gignilliat of the 105th and others:
A bill to create a charter for the City of Bloomingdale in the County of Chatham.

HB 1906. By Messrs. Roach of the 8th, Whitmire, Williams and Wood of the 9th:
A bill to create a court to be known as "State Court of Cherokee and Forsyth Counties".

HB 1907. By Messrs. Morgan of the 70th and Tucker of the 69th:
A bill to amend an Act repealing an Act incorporating the City of Covington and granting a new charter to the City of Covington, so as to change the provisions relating to the election of the mayor and councilmen.

HB 1908. By Messrs. Miles of the 79th, Mulherin of the 81st and others:
A bill to fix the compensation of the ordinaries in certain counties and to provide for the employment and compensation of personnel within such ordinaries' offices.

HB 1911. By Messrs. Sams of the 83rd, Beckham of the 82nd and others: A bill to make unlawful certain acts of cruel treatment of animals in certain counties; to provide definitions; to provide for Animal Control Units in such counties; to make unlawful physical abuse of animals.
HB 1915. By Messrs. Carlisle and Brown of the 67th: A bill to amend an Act reincorporating and creating a new charter for the City of Fayetteville, so as to redefine the corporate limits of said city.
SB 576. By Senator Webb of the llth: A bill to amend an Act creating the State Court of Miller County, so as to change the salary of the judge of said court; to provide an effective date; to repeal conflicting laws.
SB 585. By Senator McGill of the 24th: A bill to amend an Act creating the Oglethorpe Development Authority, so as to change the composition of such Authority; to change the pro visions relating to the appointment and terms of office of the members; to change the provisions relating to chairman; to provide for a vicechairman; to provide certain restrictions on membership; to provide an effective date; to repeal conflicting laws.

WEDNESDAY, FEBRUARY 13, 1974

995

SB 597. By Senator McGill of the 24th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Oglethorpe County, known as the fee system; to pro vide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs and emoluments; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws.

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

HR 629. By Messrs. Mason of the 59th and Wall of the 61st:
A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Gwinnett County to levy an annual tax not to exceed two mills per dollar on all taxable property located therein to provide funds to pay or to be applied toward the cost of operating and maintaining the water and sewerage system of the Gwinnett County Water and Sewerage Authority, or both.

HR 632. By Messrs. Connell of the 80th, Mulherin of the 81st and others: A resolution proposing an amendment to the Constitution so as to pro vide that certain capital improvements of new manufacturing establishmens and certain additions to such capital improvements of manufactur ing establishments shall be exempt from certain county ad valorem taxes, except school taxes, in Richmond County.
HR 653. By Messrs. Bennett and Reaves of the 124th: A resolution proposing an amendment to the Constitution so as to estab lish the Central Valdosta Development Authority and to provide for the powers, duties and responsibilities of said authority.
HR 654. By Messrs. Bennett and Reaves of the 124th: A resolution proposing an amendment to Article XI, Section I, Para graph VI of the Constitution of Georgia, so as to delegate to the re spective governing authorities of the City of Valdosta, and County of Lowndes, authority to merge and consolidate, by joint resolution, and with or without an enabling Act of the General Assembly of Georgia.
HR 655. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th: A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the City of Riverdale who is 65 years of age

996

JOURNAL OF THE SENATE,

or over and who does not have an income from all sources exceeding $4,000 per annum including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $2,000 from all ad valorem taxation by said city.

HR 656. By Messrs. Davis, Floyd and Horton of the 56th and others:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the abolishment of the fee system of compensating justices of the peace and notary public ex officio justices of the peace of DeKalb County and to provide a salary for said officers in lieu of said fees and for qualifications for said officers and for other matters relative to the foregoing.

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

HB 279. By Messrs. Bennett of the 124th, Dean of the 60th and Groover of the 75th:
A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuits, so as to change the compensation of persons appointed as assistant district attorneys.

HB 323. By Mr. Harris of the 8th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts, so as to provide that certain service as a member of the armed forces of the U.S. during certain periods may be included in computing the retired number of years of service to be eligible to receive retirement benefits.

HB 1031. By Mr. Levitas of the 50th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for the reduction of the amount due each local government from the collection of the tax imposed by deducting 1.25% of the amount due for administration and collection of said tax.

HB 1512. By Mr. Wamble of the 120th:
A bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to exempt from the sales and use tax levied for the support of the rapid transit system authorized by said Act certain transactions.

HB 1540. By Mr. Lane of the 76th:
A bill to amend an Act entitled the "Georgia Post Mortem Examination Act", so as to authorize the Department of Public Safety to reimburse

WEDNESDAY, FEBRUARY 13, 1974

997

the Director of the State Crime Laboratory for the use of his private aircraft on official business.

HB 1593. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to provide that any county or municipal corporation presently or hereafter operating a public golf course and offering for retail sale food or drink as an incident thereto, may in its discretion, also sell at retail as an incident to the operation of such golf course, malt beverages by the drink, or may refuse to sell malt beverages.

HB 1610. By Mr. Levitas of the 50th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to limit the amount of retail sales and use tax proceeds that may be used to subsidize operations of the transportation system.

The House has agreed to the Senate subsitiute to the following bill of the House, to-wit:

HB 58. By Messrs. Harrington of the 93rd, Roach of the 8th and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to remove the provision relative to age in connection with retirement with 35 vears' service.

The House has adopted the report of the Committee of Conference on the following bills of the House, to-wit:

HB 166. By Messrs. Pinkston and Evans of the 89th:
A bill to provide that the board of trustees or directors of any two or more retirement systems, by mutual consent, may pool their trust funds for investment purposes.

HB 246. By Messrs. Brown of the 89th and Adams of the 36th:
A bill to amend an Act establishing a violation point system for the as sessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license.

998

JOURNAL OF THE SENATE,

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

SB 688. By Senator Ballard of the 45th:
A bill to amend an Act relating to the manufacture, sale and taxation of wine, as amended, so as to provide for the designation of exclusive wholesalers of brands of wine; to provide for designation of sales terri tories for wines; to provide for the purchase of brands of wine directly from wineries, manufacturers. in:porU'i s, producers or brokers; to pro vide for payment of such wines.
Referred to Committee on Temperance:

SB 689. By Senators Langford of the 51st, London of the 50th, Ward of the 39th and others:
A bill to amend Code Section 81A-140, relating to the trial of civil cases, as amended, so as to provide that no case may be tried earlier than the 61st day from the date the complaint was filed and served.
Referred to Committee on Special Judiciary.

SB 690. By Senators Langford of the 51st, London of the 50th, Ward of the 39th and others:
A bill to provide that it shall not be necessary to verify any pleadings in any case at law or in equity; to provide the procedures connected therewith.
Referred to Committee on Special Judiciary.

SB 691. By Senators Langford of the 51st, London of the 50th, Parker of the 31st and others:
A bill to amend Code Section 113-602, relating to probate in solemn form of a will, as amended, so as to provide that in the event that all of the heirs at law shall be sui juris and such heirs shall consent thereto, the will may be proved without the witnesses if the heirs at law shall agree to the authenticity of the testator's signature appearing on the will.
Referred to Committee on Special Judiciary.

SB 692. By Senator Zipperer of the 3rd:
A bill to abolish the present mode of compensating the Ordinary of Bryan County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the

WEDNESDAY, FEBRUARY 13, 1974

999

collection of all such fees, costs, and emoluments; to provide for peri odic statements.
Referred to Committee on County and Urban Affairs.

SB 693. By Senator Zipperer of the 3rd:
A bill to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, as amended, so as to change the provisions relative to the compensation of the sheriff and deputies.
Referred to Committee on County and Urban Affairs.

SB 694. By Senator Zipperer of the 3rd:
A bill to amend an Act abolishing the offices of tar receiver and tax collector of Bryan County and creating the office of tax commissioner, as amended, so as to change the compensation of the tax commissioner; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 695. By Senator Herndon of the 10th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Thomas County into the office of Tax Commissioner of Thomas County; to provide for the rights, duties and liabilities of said office; to provide for the election of the Tax Commissioner; to provide for his term of office; to provide for the method </i filling vacancies; to provide the i-umpensation of the Ttix Commissioner.
Referred to Committee on County and Urban Affairs.

SB 696. By Senator Herndon of the 10th:
A bill to create a new Board of Commissioners of Thomas County; to provide for the composition, powers and duties of said Board and for the election of the members thereof; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal specific Acts.
Referred to Committee on County and Urban Affairs.

SB 697. By Senators Broun of the 46th, Skene of the 27th and Zipperer of the 3rd:
A bill to amend Code Section 56-407A, relating to uninsured motorist's coverage, as amended, so as to change the amount of the exclusion au thorized in uninsured motorist's coverage.
Referred to Committee on Banking and Finance.

1000

JOURNAL OF THE SENATE,

SR 367. By Senator Kidd of the 25th: A resolution creating the Share-the-Work Program Study Committee.
Referred to Committee on Rules.

SR 370. By Senator Garrard of the 37th:
A resolution creating the Joint Executive-Legislative Committee for the study of Planned Growth; to provide for the duties and powers of the Committee; to provide for public hearing; to provide for a report to the General Assembly.
Referred to Committee on Rules.

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

HB 1487. By Mr. Cole of the 6th: A bill to amend an Act approved February 24, 1874, amending and codifying the various acts incorporating the City of Dalton, so as to pro vide a comprehensive and unified pension plan for certain employees of the City of Dalton.
Referred to Committee on County and Urban Affairs.
HB 1864. By Messrs. Roach, Thomason and Harris of the 8th: A bill to amend an Act creating the office of commissioner of Cherokee County, so as to provide for a board of commissioners of Cherokee County.
Referred to Committee on County and Urban Affairs.
HB 1867. By Mr. Peters of the 2nd: A bill to amend an Act placing the Sheriff of Catoosa County on an an nual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to the deputies.
Referred to Committee on County and Urban Affairs.
HB 1868. By Mr. Peters of the 2nd: A bill to amend an Act creating the office of Commissioner of Catoosa County, so as to change the compensation of the commissioner.
Referred to Committee on County and Urban Affairs.

WEDNESDAY, FEBRUARY 13, 1974

1001

HB 1869. By Mr. Peters of the 2nd:
A bill to amend an Act creating the office of Tax Commissioner of Catoosa County, so as to increase the clerical allowance of the tax com missioner.
Referred to Committee on County and Urban Affairs.

HB 1872. By Mr. Irvin of the 10th:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the provisions relative to said board of com missioners ; to provide the voters with certain options relative to the governing authority of Stephens County by referendum election.
Referred to Committee on County and Urban Affairs.

HB 1873. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act placing certain of the county officers of Cherokee County upon an annual salary, so as to change the compensation of the sheriff of said county.
Referred to Committee on County and Urban Affairs.

HB 1874. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act placing the clerk of the superior court and ordi nary of Dawson County upon an annual salary, so as to change the compensation of the ordinary and the deputy clerk of the superior court.
Referred to Committee on County and Urban Affairs.

HB 1880. By Messrs. Kreeger and Burruss of the 21st, Wilson of the 19th and others:
A bill to amend an Act providing for a new charter for the City of Marietta, so as to extend the corporate limits of said city.
Referred to Committee on County and Urban Affairs.

HB 1886. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act incorporating the City of Lilburn in the County of Gwinnett, so as to change the election procedures for the governing authority of the said City; to increase the maximum punishment al lowed by the Recorder's Court.
Referred to Committee on County and Urban Affairs.

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JOURNAL OP THE SENATE,

HB 1896. By Mr. Groover of the 75th:
A bill creating and establishing a Small Claims Court of Jones County, to be known as the Small Claims Court of Jones County.
Referred to Committee on County and Urban Affairs.

HB 1898. By Messrs. Roach, Harris and Thomason of the 8th:
A bill to fix the compensation of the county commissioner of each county of this State having a population of not less than 30,000 or more than 31,500.
Referred to Committee on County and Urban Affairs.

HB 1899. By Messrs. Bohannon and Patterson of the 64th, Mullinax and Ware of the 65th:
A bill to provide the method of filling vacancies in the membership of the Heard County Memorial Hospital Authority.
Referred to Committee on County and Urban Affairs.

HB 1902. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act placing the Sheriff of Glynn County upon an annual salary, so as to provide for additional personnel within the sher iff's office; to change the compensation of the sheriff and certain per sonnel within the sheriff's office.
Referred to Committee on County and Urban Affairs.

HB 1903. By Messrs. Bennett and Reaves of the 124th:
A bill to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of said city; to authorize the City of Val dosta to own and operate a public transportation system in the city and in Lowndes County, and to contract for the operation of such system.
Referred to Committee on County and Urban Affairs.

HB 1904. By Messrs. Chance of the 112th, Gignilliat of the 105th, Blackshear of the 106th:
A bill to create a charter for the City of Bloomingdale in the County of Chatham.
Referred to Committee on County and Urban Affairs.

WEDNESDAY, FEBRUARY 13, 1974

1003

HB 1906. By Messrs. Roach of the 8th, Whitmire, Williams and Wood of the 9th:
A bill to create a court to be known as "State Court of Cherokee and Forsyth Counties".
Referred to Committee on Judiciary.

HB 1907. By Messrs. Morgan of the 70th and Tucker of the 69th:
A bill to amend an Act repealing an Act incorporating the City of Covington and granting a new charter to the City of Covington, so as to change the provisions relating to the election of the mayor and councilmen.
Referred to Committee on County and Urban Affairs.

HB 1908. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd and others:
A bill to fix the compensation of the ordinaries in certain counties (pop ulation of not less than 145,000 nor more than 165,000) and to provide for the employment and compensation of personnel within such ordi naries' offices.
Referred to Committee on County and Urban Affairs.

HB 1911. By Messrs. Sams of the 83rd, Beckham of the 82nd, Dent of the 78th and others:
A bill to make unlawful certain acts of cruel treatment of animals in certain counties (population of not less than 145,000 nor more than 165,000) ; to provide definitions; to provide for Animal Control Units in such counties; to make unlawful physical abuse of animals.
Referred to Committee on County and Urban Affairs.

HB 1915. By Messrs. Carlisle and Brown of the 67th: A bill to amend an Act reincorporating and creating a new charter for the City of Fayetteville, so as to redefine the corporate limits of said city.
Referred to Committee on County and Urban Affairs.
HB 279. By Messrs. Bennett of the 124th, Dean of the 60th and Groover of 75th: A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuits, so as to change the compensation of persons appointed as assistant district attorneys.
Referred to Committee on Judiciary.

1004

JOURNAL OF THE SENATE,

HB 323. By Mr. Harris of the 8th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts, so as to provide that certain service as a member of the armed forces of the U. S. during certain periods may be included in computing the required number of years of service to be eligible to receive retirement benefits.
Referred to Committee on Retirement.

HB 1031. By Mr. Levitas of the 50th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for the reduction of the amount due each local government from the collection of the tax imposed by deducting 1.25'/v of the amount due for administration and collection of said tax.
Referred to Committee on Banking and Finance.

HB 1377. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975.
Referred to Committee on Appropriations.

HB 1512. By Mr. Wamble of the 120th:
A bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to exempt from the sales and use tax levied for the sup port of the rapid transit system authorized by said Act certain transac tions.
Referred to Committee on Banking and Finance.

HB 1540. By Mr. Lane of the 76th:
A bill to amend an Act entitled the "Georgia Post Mortem Examination Act", so as to authorize the Department of Public Safety to reimburse the Director of the State Crime Laboratory for use of his private air craft on official business.
Referred to Committee on Health and Welfare.

HB 1593. By Messrs. Buck of the 87th, Berry and Thompson of the 86th and others:
A bill to be entitled an Act to provide that any county or municipal cor poration presently or hereafter operating a public golf course and offer ing for retail sale food or drink as an incident thereto, may, in its dis-

WEDNESDAY, FEBRUARY 13, 1974

1005

cretion, also sell at retail as an incident to the operation of such golf course, malt beverages by the drink, or may refuse to sell malt bever ages.
Referred to Committee on Temperance.

HB 1610. By Mr. Levitas of the 50th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to limit the amount of retail sales and use tax proceeds that may be used to subsidize operations of the transportation system.
Referred to Committee on Banking and Finance.

HR 629. By Messrs. Mason of the 59th and Wall of the 61st:
A resolution proposing an amendment to the Constitution so as to autho rize the governing authority of Gwinnett County to levy an annual tax not to exceed two mills per dollar on all taxable property located therein to provide funds to pay or to be applied toward the cost of operating and maintaining the water and sewerage system of the Gwinnett County Water and Sewerage Authority, or both.
Referred to Committee on County and Urban Affairs.

HR 632. By Messrs. Connell of the 80th, Mulherin of the 81st, Dent of the 78th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that certain capital improvements of new manufacturing establish ments and certain additions to such capital improvements of manufac turing establishments shall be exempt from certain county ad valorem taxes, except school taxes, in Richmond County.
Referred to Committee on County and Urban Affairs.
HR 653. By Messrs. Bennett and Reaves of the 124th:
A resolution proposing an amendment to the Constitution so as to es tablish the Central Valdosta Development Authority and to provide for the powers, duties, and responsibilities of said authority.
Referred to Committee on County and Urban Affairs.

HR 654. By Messrs. Bennett and Reaves of the 124th:
A resolution proposing an amendment to Article XI, Section I, Para graph VI of the Constitution of Georgia, so as to delegate to the re spective governing authorities of the City of Valdosta, and County of

1006

JOURNAL OF THE SENATE,

Lowndes, authority to merge and consolidate, by joint resolution, and with or without an enabling Act of the General Assembly of Georgia.
Referred to Committee on County and Urban Affairs.

HR 655. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the City of Riverdale who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $2,000 from all ad valorem taxation by said city.
Referred to Committee on County and Urban Affairs.

HR 656. By Messrs. Davis, Ployd and Horton of the 56th and others:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the abolishment of the fee system of compensating justices of the peace and notary public ex officio justices of the peace of DeKalb County and to provide a salary for said officers in lieu of said fees and for qualifications for said offi cers and for other matters relative to the foregoing.
Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:

Senator McGill of the 24th District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. President:
Your Committee on Agriculture 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 668. Do pass. SB 669. Do pass. HB 1554. Do pass. HB 1632. Do pass. HR 540. Do pass.
Respectfully submitted, McGill of 24th District, Chairman.

WEDNESDAY, FEBRUARY 13, 1974

1007

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 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 657. Do pass.
HB 1104. Do pass as amended.

Respectfully submitted, Holley of 22nd District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with .the following recommendations:
HB 936. Do pass as amended. HB 937. Do pass as amended. HB 1438. Do pass. HB 1439. Do pass. HB 1719. Do pass. HB 1771. Do pass. HB 1791. Do pass. HB 1792. Do pass. HB 1793. Do pass. HB 1795. Do pass. HB 1814. Do pass. HB 1818. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

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JOURNAL OF THE SENATE,

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1411. Do pass.
Respectfully submitted,
Overby of 49th District,
Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 674. Do pass. SB 676. Do pass. SB 650. Do not pass. HB 372. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.

Senator Fincher of the 54th 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 recommendation:
SB 675. Do pass as amended. Respectfully submitted, Fincher of 54th District, Chairman.

WEDNESDAY, FEBRUARY 13, 1974

1009

Senator Smith of the 34th District, Chairman of the Committee on Industry & Labor, submitted the following report:

Mr. President:

Your Committee on Industry & Labor has had under consideration the follow ing bills and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 505. Do pass.
HB 1431. Do pass.
HB 1286. Do pass as amended.
Respectfully submitted, Smith of 34th District,
Chairman.

Senator Hill of the 29th District, Chairman of the Committee on Interstate Cooperation, submitted the following report:
Mr. President:
Your Committee on Interstate Cooperation has had under consideration the the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1328. Do pass. Respectfully submitted, Hill of 29th District, Chairman.

Senator Johnson of the 38th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill 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 652. Do pass. HR 445. Do pass.
Respectfully submitted, Johnson of 38th District, Chairman.

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JOURNAL OF THE SENATE,

Senator Dean of the 6th District, Chairman of the Committee on Natural Resources and Environmental Quality, submitted the following report:

Mr. President:

Your Committee on Natural Resources & Environmental Quality 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 recommenda tions:
SB 662. Do pass.
SB 663. Do pass.
SB 664. Do pass.
Respectfully submitted,
Dean of 6th District,
Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bills and resolutions of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 666. Do pass by substitute. SR 357. Do pass as amended. SR 358. Do pass as amended SR 359. Do pass as amended. HB 1602. Do pass as amended. HB 1373. Do pass by substitute.
Respectfully submitted, Brown of 47th District, Chairman.

Senator Coverdell of the 40th District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following

WEDNESDAY, FEBRUARY 13, 1974

1011

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 524. Do pass. SB 530. Do pass as amended. HB 138. Do pass. HB 1316. Do pass. HB 1344. Do pass.

Respectfully submitted, Coverdell of 40th District, Chairman.

Senator Cox of the 21st District, Chairman of the Committee on Special Ju diciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the fol lowing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 636. Do not pass. SB 637. Do pass. SB 640. Do not pass. HB 1263. Do pass. HB 1474. Do not pass.
Respectfully submitted, Cox of 21st District, Chairman.

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

SB 637. By Senators Starr of the 44th, Button of the 9th and Young of the 13th:
A bill to amend the "Georgia Peace Officer Standards and Training Act", approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, so as to authorize the Georgia Peace Officer Standards and Training Council to certify constables as peace officers and as having met the requirements for employment as peace officers.

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JOURNAL OF THE SENATE,

SB 652. By Senator Johnson of the 38th:
A bill to amend Code Chapter 26-29, relating to crimes involving dan gerous instrumentalities and practices, so as to change certain provisions relating- to the issuance of a license to carry a pistol or revolver; to provide for additional identification information relative to such licensure; to provide that forms relative to such licensure shall be pre scribed by the Secretary of State.

SB 662. By Senators Zipperer of the 3rd and Wasden of the 2nd:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, ap proved Mar. 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to change the count of shrimp per pound required to open or close the season for the commercial taking of shrimp; to provide for a closed season for certain taking of crabs; to specify what sounds may be opened.

SB 663. By Senator Zipperer of the 3rd:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, approved Mar. 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to provide for certain surety bonds; to provide for the forfeiture of certain surety bonds; to provide for the forfeiture of certain surety bonds; to provide for other matters relative thereto; to provide for certain crim inal offenses and the punishment therefor.

SB 657. By Senator Starr of the 44th:
A bill to amend Code Title 56, relating to insurance, as amended, so as to qualify certain requirements relative to documents accompanying applications for certificates of authority; to clarify provisions relating to brokers' quarterly reports; to qualify certain provisions regarding taxes on surplus line brokers.

HB 1104. By Mr. Cole of the 6th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to require dealers found to be delinquent or otherwise in default under the Act to furnish a good and valid bond in a surety company.

HB 1286. By Mr. Harris of the 51st:
A bill to amend an Act approved March 29, 1937, known as the "Un employment Compensation Law", so as to increase the rate of interest or delinquent contributions.

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1013

HR 505. By Messrs. Moyer of the 99th, Ware of the 65th and others:
A resolution urging employers to execute and implement a statement of support for the National Guard and Reserve; requesting the Governor to issue a proclamation similarly urging such action by employers.

HB 1431. By Mr. Shanahan of the 7th and others:
A bill to amend an Act known as the "Georgia Electrical Contractors Act", so as to change the provisions relative to the issuance of licenses without examination.

SB 664. By Senators Moore of the 56th, Zipperer of the 3rd and Wasden of the 2nd:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to provide for the taking of crabs in certain waters of the State under certain conditions; to provide an effective date.

SB 668. By Senator McGill of the 24th:
A bill to provide for the sale or disposal of abandoned animals; to pro vide for definitions; to provide for notices; to provide for liens; to provide for sales and the disposition of proceeds of such sales; to provide for practice and procedure; to exempt certain persons from certain liabilities connected with the disposal of abandoned animals.

SB 669. By Senator McGill of the 24th:
A bill to amend Code Chapter 84-15, known as the "Georgia Veterinary Practice Act", as amended, so as to change the compensation of members of the Board of Veterinary Medicine; to provide that conviction of a felony or crime involving moral turpitude shall constitute grounds for disciplinary sanction; to provide for definitions.

SB 674. By Senators Coggin of the 35th and Garrard of the 37th:
A bill to amend an Act creating the Board of Examiners of Practical Nurses, approved Mar. 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 333), as amended, so as to provide that the Board of Examiners of Practical Nurses may set reasonable fees for examinations, licensure, and renewal of licenses; to increase the per diem payable to members of the Board of Examiners of Practical Nurses from fifteen dollars per day to twenty-five dollars per day.

SB 675. By Senators Coggin of the 35th and Garrard of the 37th:
A bill to amend Code Chapter 84-10, relating to the practice of nursing, as amended, so as to define the practice of nursing; to provide an effec tive date.

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JOURNAL OF THE SENATE,

SB 676. By Senator Coggin of the 35th and Garrard of the 37th:
A bill to amend Code Chapter 84-10, relating to the practice of nursing, as amended, so as to provide that the Board of Examiners of Registered Nurses may establish reasonable fees for examinations, licenses, and renewals of licenses; to lower the minimum age for registration as a graduate nurse from twenty (20) to eighteen (18) years of age; to pro vide an effective date.

HB 1263. By Mr. Reaves of the 124th:
A bill to amend Code Chapter 26-18, relating to theft, so as to provide for the crime of livestock theft.

HB 1328. By Messrs. Wamble of the 120th and Collins of the 122nd:
A bill to amend Code Section 22-1801, relating to the penalties upon foreign and domestic corporations, so as to require notice from the Secretary of State before a penalty is imposed for the failure to file certain reports.

HB 1411. By Messrs. Levitas of the 50th and Atherton of the 19th:
A bill to require certain counties and municipalities of this State to file certain reports with the State Office of Planning and Budget.

HB 1554. By Mr. Collins of the 122nd:
A bill to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide that marketing orders issued pursuant to said Act may provide for the establishment and management of a stabilization fund to compensate producers of peanuts which fail to qualify for marketing or sale in regular marketing channels.

HB 1632. By Mr. Edwards of the 95th and others:
A bill to prohibit certain deceptive advertising and sales practices or techniques in connection with the sale of beef, pork or lamb.

HR 445. By Mr. Walker of the 100th:
A resolution proposing an amendment to the Constitution so as to change the name and designation of the office of Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, re spectively.

WEDNESDAY, FEBRUARY 13, 1974

1015

HR 540. By Messrs. Brown of the 89th and Bostick of the 123rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from ad valorem taxation certain harvested agricultural products.

HB 936. By Mr. Triplett of the lllth:
A bill to fix the compensation of a certain official in certain counties (population of not less than 185,000 nor more than 190,000).

HB 937. By Mr. Triplett of the llth:
A bill to fix the compensation of a certain official in certain counties (population of not less than 185,000 nor more than 190,000).

HB 1438. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
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 of Clayton County, so as to change the compensation of the Deputy Tax Commissioner.

HB 1439. By Messrs. Northcutt, Bailey and Johnson of the 68th:
A bill to amend an Act creating the Board of Commissioners of Clayton County, so as to create Commissioner Districts and Commissioner Posts.

HB 1719. By Mr. Keyton of the 121st:
A bill to amend an Act creating a new charter for the City of Pavo (formerly the Town of Pavo), in the Counties of Thomas and Brooks, so as to change the day for holding the regular elections for the City of Pavo from the third Monday in December of each year to the fourth Monday in November of each vear.

HB 1771. By Mr. Vaughn of the 57th:
A bill to provide for the payment of taxes in two equal installments in certain counties of this State (population of not less than 18,100 and not more than 18,250) and in all municipalities located in such counties.

HB 1791. By Mr. Irwin of the 113th:
A bill to amend an Act creating a board of commissioners for Terrell County, so as to change the provisions relating to the location of the office of the board of commissioners.

1016

JOURNAL OF THE SENATE,

HB 1792. By Mr. Irwin of the 113th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Terrell County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1793. By Mr. Irwin of the 113th:
A bill to provide a new charter for the Town of Sasser; to provide that this Act shall repeal and replace the charter provided by an Act ap proved December 29, 1890.

HB 1795. By Mr. Shanahan of the 7th:
A bill to amend an Act abolishing the fee system of compensating the tax commissioner of Gordon County and establishing in lieu thereof an annual salary, so as to change the provisions relative to the compensa tion of said officer.

HB 1814. By Messrs. Walker of the 100th and Grahl of the 88th:
A bill to amend an Act creating a Board of Commissioners for Macon County so as to change the compensation of the board of commissioners.

HB 1818. By Mr. Vaughn of the 57th:
A bill to amend an Act providing that the governing authority of any municipality located wholly within certain counties may not rezone or otherwise change the zoning status of land which it has theretofore annexed for a period of 12 months from the date such annexation be came effective, so as to clarify the time within which an application for rezoning may be resubmitted for consideration.
SB 524. By Senator Herndon of the 10th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide for service credit for certain services rendered by a member; to provide an effective date.
SB 530. By Senators Stephens of the 36th, Johnson of the 38th, Coggin of the 35th and others:
A bill to amend an Act establishing the Teachers' Retirement System, approved Mar. 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide that the minimum retirement allowance for members shall apply to public school teachers who retired pursuant to a county, mu nicipal or local board of education retirement or pension system; to provide an effective date.

WEDNESDAY, FEBRUARY 13, 1974

1017

SB 666. By Senator Kidd of the 25th:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved Feb. 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to exempt from the taxes imposed by said Act sales of tangible personal property to any person, firm or corporation which will be in corporated within any project covered by any contract with any county for the construction, repair, extension or improvement of any public roadway.

SR 357. By Senator Rowan of the 8th:
A resolution authorizing the conveyance of certain real property located in Berrien County, Georgia.

SR 358. By Senator Rowan of the 8th:
A resolution authorizing the conveyance of certain real property located in Berrien County, Georgia.

SR 359. By Senator Rowan of the 8th:
A resolution authorizing the conveyance of certain real property located in Berrien County, Georgia.

HB 1316. By Messrs. Jordan of the 58th and Farrar of the 52nd:
A bill to amend an Act entitled "The Act Creating the Public School Employees' Retirement System", so as to require local units of admin istration to submit in advance the names of members who will retire or be eligible for retirement.

HB 1344. By Mr. Oxford of the 101st and others:
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 authorize coverage of employees of municipal authorities as defined herein.

HB 1373. By Mr. Carr of the 90th and others:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to provide that vehicles designed and utilized for spreading agricultural or fertilizer materials may exceed a total outside width of 96 inches when equipped with flotation tires, but not to exceed 112 inches.

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JOURNAL OF THE SENATE,

HB 1602. By Messrs. Gignilliat of the 105th, Triplett of the lllth, Sweat of the 125th and others:
A bill to amend an Act known as the "Georgia Ports Authority Act", so as to remove the maximum rate of 5'/< per annum interest on the is suance of revenue bonds.

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 645. By Senator Rowan of the 8th:
A bill to amend an Act creating a Small Claims Court in each county in this State having a population of not less than 11,775 and not more than 12,100 according to the United States Decennial Census of 1960 or any future such census, as amended, so as to change the population category within which such courts are created; to increase the range of such courts' jurisdiction.

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

On the passage of the bill, the ayes were 41, nays 0.

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

SB 648. By Senator Rowan of the 8th:
A bill to amend an Act providing a new charter for the Town of Enigma, as amended, so as to change the method of electing the mayor and councilmen; to provide for the practices and procedures in connection with municipal elections; to provide for the appointment of boards, commis sions and committees; to provide for other matters relative to the fore going.

The report 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.

WEDNESDAY, FEBRUARY 13, 1974

1019

SB 654. By Senator London of the 50th:
A bill to revise the Charter of and to reincorporate the City of Hiawassee in the County of Towns; to create a charter for said City; to pre scribe the corporate limits of said City; to provide for the government of said City; to enumerate the corporate powers of the city; to provide for ordinances, by laws, rules and regulations; to provide for the offi cials of said City and their selection, oath, compensation, powers, duties and terms of office.

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

On the passage of the bill, the ayes were 41, nays 0.

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

SB 655. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to provide that in certain cities and counties the annual license to be charged shall be $2,000; to provide that in certain cities and counties the excise tax shall be $.60 per wine gallon on spirituous liquors.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 667. By Senators Holley of the 22nd and Lester of the 23rd: A bill to amend an Act known as the "Augusta-Richmond County Coli seum Authority Act", so as to redefine the word "Project"; to further define the purpose of the Authority.
The report 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.

1020

JOURNAL OF THE SENATE,

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

HB 1382. By Messrs. Reaves, Patten and Bennett of the 124th:
A bill to provide for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases in the courts of ordinary of certain counties.

The report 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 1738. By Mr. Vaughn of the 57th:
A bill to amend an Act placing the Sheriff of Rockdale County upon an annual salary so as to change the compensation of the sheriff's deputies; to change the number of deputies.

The report 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 1743. By Mr. Shannan of the 7th : A bill to provide that the Judge of the Superior Court of Gordon County shall make certain special charges to the Grand Juries of Gordon County.
The report 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.

WEDNESDAY, FEBRUARY 13, 1974

1021

HB 1760. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act placing the ordinary of Screven County upon an annual salary, so as to change the compensation of the ordinary.

The report 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 1768. By Messrs. Bennett, Reaves and Patten of the 124th: A bill to amend an Act placing the Sheriff of Lowndes County on a salary basis in lieu of a fee basis, so as to change the budget require ments of said office from a calendar year to a fiscal year.

The report 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 1769. By Messrs. Bennett, Reaves and Patten of the 124th:
A bill to amend the Act placing the Tax Commissioner of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year.

The report 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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JOURNAL OF THE SENATE,

HB 1770. By Messrs. Bennett, Reeves and Patten of the 124th:
A bill to amend an Act placing the Clerk of the Superior Court of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to fiscal year.

The report 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 1775. By Mr. Adams of the 84th:
A bill to amend an Act placing the Sheriff of Harris County upon an annual salary, so as to authorize the governing authority of Harris County to fix the salary of each of the sheriff's deputies in an amount not less than a certain minimum salary.

The report 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 1779. By Mr. Brantley of the 92nd: A bill to abolish the present mode of compensating the Ordinary of Candler County, known as the fee system; to provide in lieu thereof an annual salary.
The report 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.

WEDNESDAY, FEBRUARY 13, 1974

1023

HB 1787. By Mr. Oxford of the 101st:
A bill to amend an Act establishing the fee system of compensating the clerk of the superior court and the city court clerk in the County of Sumter, so as to change the compensation of the employees of the clerk of the courts.

The report 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 1790. By Messrs. Bennett, Patten and Reaves of the 124th: A bill to amend an Act placing the Ordinary of Lowndes County upon an annual salary in lieu of the fee system of compensation, so as to change the budget requirements of said office from a calendar year to a fiscal year.
The report 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 568. By Mr. Greer of the 43rd: A bill to add and provide for a chief deputy clerk of the Criminal Court of Pulton County, and for a Director of the Traffic Violations Bureau of the Criminal Court of Fulton County.
The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 568 by striking from line 32 on Page 2 the figure, "1973" and inserting in lieu thereof the figure "1974".
On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.

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JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 41, nays 0.

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

HB 1781. By Messrs. Kreeger of the 21st, Wilson and Howard of the 19th, McDaniel of the 20th and Burruss of the 21st:
A bill to be entitled an Act to amend an Act amending, revising, con solidating 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.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1781 by striking from Section 1, on line 1 of Page 4, the number "105" and inserting in lieu thereof the number "52".

On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following resolutions of the Senate were read and adopted:

SR 365. By Senators Hill of the 29th, Gillis of the 20th, Parker of the 31st and others:
A resolution commending Mr. William "Bill" Gentry of the Atlanta In ternationale Hotel.

WEDNESDAY, FEBRUARY 13, 1974

1025

SR 366. By Senators Broun of the 46th and Starr of the 44th: A resolution commending Mrs. Barbara Muntean.

SR 368. By Senator Eldridge of the 7th: A resolution commending Mr. Sidney R. Lucas.

SR 371. By Senator Broun of the 46th: A resolution expressing regret at the passing of James C. Lay.

SR 369. By Senators Gillis of the 20th, Dean of the 6th, Zipperer of the 3rd and Kennedy of the 4th:
A resolution expressing regrets at the passing of Mr. Augustus J. Hartley.

SR 372. By Senators Langford of the 51st and Wasden of the 2nd: A resolution commending the Atlanta Internationale Hotel.

SR 373. By Senator Carter of the 14th: A resolution commending Mr. and Mrs. Lee Andrew Fuse.

The President ordered the morning roll call, and the following Senators an swered to their names:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Doss Duncan Eldridge Fincher
Gillis Hamilton
Herndon

Hill Holley Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill
Moore Overby
Parker

Reynolds Riley Rowan Salter Skene Stephens Button Thompson Tysinger Ward Warren Wasden
Young Zipperer

Not answering were Senators:

Cleland Cox Dean Garrard

Henderson Holloway Howard Smalley

Smith Starr Summers Webb

Senator Webb of the llth filed the following statement with the Secretary:

1026

JOURNAL OF THE SENATE,

TO:

President of the Senate

FROM: Senator Julian Webb

DATE: February 11, 1974

Because of the fact that I am out of the city on professional busi ness for four days of this week, namely, February 11-14, I shall not be recorded as voting present or voting on any measure brought before the Senate. I provide this explanation in order that it may be recorded in the Senate Journal.

Senator Summers of the 53rd was absent due to confinement in the hospital.

Senator Barker of the 18th introduced as Chaplain, The Reverend Floyd Timmerman, a state officer, Churches of God, who offered scripture reading and prayer.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House recedes from its position in disagreeing to the Senate amend ment and has agreed to the Senate amendment, as amended by the House, on the following bill of the House, to-wit:

HB 1177. By Mr. Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County, so as to change the salary of the County Commis sioner.

The following is the Senate Rules Calendar for today:
SENATE RULES CALENDAR
Wednesday, February 13, 1974
SB 491. Land Producing Food or Cotton--separate class for taxation SB 589. Interest and Usury--change maximum rate SB 609. MARTA Board of Directors--change membership SB 641. "Fair Market Value"--tax assessors consider certain criteria SB 643. Deceptive Practices--obtaining refunds

WEDNESDAY, FEBRUARY 13, 1974

1027

SB 658. Uniform Standards Code Mobile Homes Act--reciprocity SB 665. County and Regional Public Libraries--funds SB 672. Adequate Program for Education in Georgia--provide SR 305. Disabled Veteran and Dependents--homestead exemption SR 337. Department of Local Government Affairs--create SR 341. Tourism Study Committee--create SR 354. West Georgia Tollway--continue design and work studies HB 214. Ad Valorem Tax for Education--exemption for cert. 62 year olds HB 1292. License of Motor Vehicles and Chauffers--relating to HB 1306. Eyeglasses and Sunglasses--lens requirements HB 1310. Absentee Ballot--change process of voting HB 1313. Municipal Elections Code--amendments HB 1333. Second Mortgage--regulatory authority HB 1335. Electors--change residency requirements HB 1336. City Elections--voter eligibility HB 1351. State Properties--install sprinkler system HB 1376. 1973-74 Appropriations--supplemental (SUB) HB 1452. Food Serv. Establishment--information on menus about cert, meat HB 1504. Special Ed. Facilities--redefine "exceptional child" HB 1591. State Financing and Investment Com.--reimbursement HB 1594. M.F.P.E.--redefining school year and month HR 461. Cairo, Georgia--conveyance of certain property HR 503. Bainbridge--conveyance of certain property

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 643. By Senators Stephens of the 36th, Garrard of the 37th and Langford of the 51st:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to provide that certain fraudulent attempts to obtain or the actual fraudulent obtaining of refunds are unlawful; to provide a penalty.

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

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JOURNAL OP THE SENATE,

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Hamilton Henderson Herndon Hill Holley

Howard Hudgins Jackson Kennedy Langford Lester London McDuffie McGill Moore Overby Parker Rowan

Salter Skene Smalley Starr Stephens Sutton Thompson Tysinger Warren Wasden Young Zipperer

Those not voting were Senators:

Barker Cleland Coggin Cox Dean Duncan

Fincher Garrard Gillis Holloway Johnson Kidd

Reynolds Riley Smith Summers Ward Webb

On the passage of the bill, the ayes were 38, nays 0.

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

Senator Stephens of the 36th moved that SB 643 be immediately transmitted to the House.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SB 643 was immediately transmitted to the House.

Senator Holley of the 22nd assumed the Chair.

SB 491. By Senators Parker of the 31st, Langford of the 51st, Overby of the 49th and others:
A bill to provide that real property devoted to the commercial produc-

WEDNESDAY, FEBRUARY 13, 1974

1029

tion of food or cotton shall constitute a separate class or tangible prop erty for ad valorem tax purposes; to provide for the assessment and taxation of such property; to provide the procedures connected there with ; to provide an effective date.

Senator Eldridge of the 7th offered the following amendment:
Amend SB 491 by adding- on Page 1, line 21, after the word "food" the following:
", tobacco".

On the adoption of the amendment, the ayes were 29, nays 5, 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 Holley of the 22nd, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Brown of 47th Carter Coggin Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton

Henderson Hill Howard Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Skene Starr Sutton Thompson Wasden Young Zipperer

Those voting in the negative were Senators:

Bell Coverdell Herndon

Hudgins Jackson Johnson

Smalley Tysinger Warren

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Those not voting were Senators:

Broun of 46th Cleland Duncan Holley (presiding)

Holloway Smith Stephens

Summers Ward Webb

On the passage of the bill, the ayes were 37, nays 9.

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

Senator Parker of the 31st moved that SB 491 be immediately transmitted to the House.

On the motion, the ayes were 29, nays 0; the motion prevailed, and SB 491 was immediately transmitted to the House.

The following resolutions of the Senate were read and adopted:

SR 374. By Senator Overby of the 49th: A resolution commending and inviting Roger Henry Brown, Jr.

SR 376. By Senator Johnson of the 38th:
A resolution inviting Mr. Xernona Clayton to attend a session of the Senate.

Senator Coggin of the 35th assumed the Chair.

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 641. By Senator Lester of the 23rd:
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value", as amended, so as to provide that the tax assessors shall consider certain criteria in determining fair market value of real prop erty.

WEDNESDAY, FEBRUARY 13, 1974

1031

Senator Lester of the 23rd offered the following amendment:

Amend SB 641 by striking the word "or" on line 27, Page 1, and in serting in lieu thereof the word "and".

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, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Carter Coverdell
Cox Dean Doss Eldridge Fincher Gillis Hamilton Henderson

Herndon Holley Howard Hudgins Jackson Kennedy
Kidd Langford
Lester London
McDuffie McGill
Moore Overby

Parker Reynolds Riley Rowan S alter Skene Smalley Starr Stephens
Sutton Tysinger Wasden Young Zipperer

Those voting in the negative were Senators:

Garrard

Johnson

Ward

Those not voting were Senators:

Brown of 47th Cleland Coggin (presiding) Duncan

Hill Holloway Smith Summers

Thompson Warren Webb

On the passage of the bill, the ayes were 42, nays 3.

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

Senator Lester of the 23rd moved that SB 641 be immediately transmitted to the House.

On the motion, the ayes were 30, nays 0; the motion prevailed, and SB 641 was immediately transmitted to the House.

Senator Holley of the 22nd resumed the Chair.

SB 658. By Senator Coggin of the 35th:
A bill to amend an Act known as "The Uniform Standards Code for Mobile Homes Act", approved February 12, 1973 (Ga. Laws 1973, p. 4), so as to change the provisions relating to reciprocity.

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, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coggin Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Hill Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby

Parker Riley Rowan Salter Skene Smalley Starr Stephens Sutton Ward Warren Wasden Young Zipperer

WEDNESDAY, FEBRUARY 13, 1974

1033

Those not voting were Senators:

Broun of 46th Cleland Coverdell Holley (presiding)

Holloway London Reynolds Smith

Summers Thompson Tysinger Webb

On the passage of the bill, the ayes were 44, nays 0.

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

SR 337. By Senator Jackson of the 16th:
A RESOLUTION
Proposing an amendment to the Constitution to create the Depart ment of Local Government Affairs and to provide for a Board of Com missioners for said Department; 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 of the Constitution is hereby amended by adding a new Section and Paragraph to be known as Section XII, Paragraph I, and to read as follows:
"There is hereby created a Department of Local Government Af fairs. There is hereby created a Board of Commissioners of the De partment of Local Government Affairs to be composed of fifteen (15) members, with at least one from each Congressional District in the State, all to be appointed by the Governor as provided by law. The Board and the Department of Local Government Affairs shall have such duties, powers, authority, and jurisdiction as shall be provided by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section 1, Para graph 1 of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended to create the De partment of Local Government Affairs and a Board
( ) NO of Commissioners for said Department?"
All persons desiring to vote in favor of ratifying the proposed

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JOURNAL OP THE SENATE,

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 provide in said Paragraph of the Constitution, it shall become 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 by Senator Holley of the 22nd, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Gillis Hamilton Henderson

Herndon Hill Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Starr Stephens Button Thompson
Tysinger Ward Warren Young Zipperer

Voting in the negative were Senators Carter and Langford.

Those not voting were Senators:

Bell Cleland Garrard

Holley (presiding) Holloway Smith

Summers Wasden Webb

On the adoption of the resolution, the ayes were 45, nays 2.

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

WEDNESDAY, FEBRUARY 13, 1974

1035

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 78. By Messrs. Coney of the 89th, Levitas of the 50th and Greer of the 43rd:
A bill to provide for no-fault motor vehicle insurance; to provide an ef fective date.

The Conference Committee Report was as follows:
Mr. President Mr. Speaker:

Your Conference Committee on HB 78 has met and recommends that both the Senate and House of Representatives recede from their respective positions, and that the attached Conference Committee Sub stitute to HB 78 be adopted.
Respectfully submitted,

FOR THE SENATE

FOR THE HOUSE OF REPRESENTATIVES

/s/ Paul C. Broun Paul C. Broun Senator, 46th District

/s/ J. Roy McCracken J. Roy McCracken Representative, 77th District

/s/ George N. Skene George N. Skene Senator, 27th District

/s/ M. Lamar Wilson M. Lamar Wilson Representative, 94th District

/s/ Edward H. Zipperer Edward H. Zipperer Senator, 3rd District

CONFERENCE COMMITTEE MINORITY REPORT ON HB 78:

Mr. President Mr. Speaker:
The undersigned member of the Conference Committee on HB 78 feels that the Conference Committee Substitute to HB 78 should be amended to include mandatory property damage coverage and should be amended to include a threshold below which suits arising out of motor vehicle collisions should not be allowed.
Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES
/s/ John W. Greer John W. Greer Representative, 43rd District

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CONFERENCE COMMITTEE SUBSTITUTE TO HB 78:

A BILL

To be entitled an Act to be entitled the "Georgia Motor Vehicle Ac cident Reparations Act"; to provide for a short title; to provide for minimum insurance coverage; to provide that no owner of a motor ve hicle required to be registered in this State or any other person, other than a self-insurer, shall operate or authorize any other person to oper ate such motor vehicle unless the owner has insurance on such vehicle providing certain minimum coverage; to provide for optional coverages; to require each insurer to make certain optional coverages available; to require that all policies of motor vehicle liability insurance issued in this State must be in accordance with the requirements of the Act and must contain at least the minimum coverages required by the Act; to provide for required statements in insurance policies; to provide for self-insur ance and self-insurers; to provide for subrogation; to provide for suits and binding inter-company arbitration; to provide for expenses incurred in exercising the rights of subrogation; to provide for definitions; to provide for the periodic payment of benefits; to provide that certain in surers of motor vehicles shall pay basic no-fault benefits without re gard to fault for certain economic loss; to provide for the correlation of benefits; to provide that certain benefits shall be excesses over any benefits required by this Act; to provide for a threshold; to provide that certain persons eligible for benefits without regard to fault shall be pre cluded from pleading or recovering in certain actions for damages those damages for which certain compensation is available without regard to fault; to provide for the mandatory reduction of certain insurance rates and the practices and procedures connected therewith; to provide for the increase of such rates and the practices and procedures connected there with; to provide for notices; to provide for hearings; to provide for orders; to provide for appeals; to provide for endorsements; to provide for proof of insurance; to provide that certain motor vehicles shall not be licensed until the owner has furnished satisfactory proof that the minimum insurance coverage required by this Act or an approved selfinsurance plan is in effect; to provide for notification of the Department of Public Safety of the concellation of certain insurance policies; to provide for rules and regulations; to provide for penalties; to provide for severability; to provide for effective dates of the Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Short title. This Act shall be known and may be cited as the "Georgia Motor Vehicle Accident Reparations Act".

Section 2. Minimum insurance coverage. No owner of a motor ve hicle required to be registered in this State or any other person, other than a self-insurer as defined in this Act, shall operate or authorize any other person to operate such motor vehicle unless the owner has insur ance on such vehicle providing the following minimum coverage:

WEDNESDAY, FEBRUARY 13, 1974

1037

(a) Motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety reponsibility laws of this State;

(b) Compensation to insured injured persons, without regard to fault, up to an aggregate minimum limit of ten thousand ($10,000) dol lars per insurer injured person for:

(1) all necessary medical expenses not to exceed five thousand ($5,000) dollars arising from a motor vehicle accident including neces sary medicine, drugs, surgical, dental, X-ray and rehabilitative serv ices, including prosthetic devices, and necessary ambulance, hospital, nursing service, all as prescribed or authorized by the attending phy sician; and

(2) eighty-five (85'A ) percent of the loss of income or earnings during disability up to two hundered ($200) dollars per week; and

(3) expenses reasonably incurred during a period of disability, not to exceed twenty ($20.00) dollars per day, in obtaining ordinary and necessary services from others, excluding members of the injured's household, in lieu of services that, had he or she not been injured, the injured person would have performed, not for income but for the bene fit of his or her household; and

(4) payment for funeral services not to exceed fifteen hundred ($1,500.00) dollars per person.

In the event of the death of the injured person, survived by a spouse or dependent minor child or children, compensation under paragraphs 2 (b) (2) and 2 (b) (3) above shall be payable after such death as though the deceased were alive but totally disabled, such payment to be made to the spouse, if alive, otherwise to the person having legal custody of such child or children, for use of such spouse or children as though awarded a year's support for the spouse or children, or both.

The total benefits required to be paid under this Section without regard to fault as the result of any one accident shall not exceed the sum of ten thousand ($10,000.00) dollars per each individual covered as an insured person or such greater amount of coverage as has been pur chased on an optional basis as provided elsewhere in this Act, regardless of the number of insurers providing such benefits or of the number of policies providing such coverage.

Section 3. Optional coverage, (a) Each insurer shall also make available on an optional basis the following coverage:

(1) an aggregate limit of benefits payable without regard to fault of up to fifty thousand ($50,000) dollars per person which may be re jected, or reduced to not less than an aggregate limit of benefits pay able without regard to fault of ten thousand ($10,000) dollars per person, by written consent of the policyholder with benefits purchased

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JOURNAL OF THE SENATE,

in excess of ten thousand ($10,000) dollars to be apportioned without limitation to cover any expenses enumerated in Section 2(b) ; and

(2) compensation for damage to the insured motor vehicle, without regard to fault, including loss of use of the motor vehicle, not to exceed the actual cash value of the vehicle at the time of the loss, and up to ten ($10.00) dollars per day with a maximum of three hundred ($300.00) dollars for the loss of use of such motor vehicle; provided that benefits payable under this Section may be subject to deductibles at the written election of the policyholder.

(b) Each application for a policy of motor vehicle liability insur ance sold in this State must contain separate spaces for the insured to indicate his acceptance or rejection of each of the optional coverages listed in subsection (a) above and no such policy shall be issued in this State unless these spaces are completed and signed by the prospective insured.

Section 4. Insurers; policy requirements; subrogation, (a) All poli cies of motor vehicle liability insurance issued in this State must be in accordance with the requirements of this Act and no insurer shall issue a policy of motor vehicle liability insurance in this State that does not contain at least the minimum coverages required under this Act.

(b) Nothing in Sections 2 and 3 shall be construed to prohibit the issuance of policies providing coverage more extensive than the mini mum coverage required by those Sections.

(c) Policies purporting to satisfy the requirements of Sections 2 and 3 shall contain a provision which states that, notwithstanding any of the other terms and conditions of the policy, the coverage afforded shall be at least as extensive as the minimum coverage required.

(d) Insurers and self-insurers providing benefits without regard to fault described in Sections 2 and 3 shall be subrogated to the rights, in cluding claims under any workmen's compensation law, of the person for whom benefits are provided, to the extent of the benefits provided. The right of recovery and the amount thereof shall be determined on the basis of tort law by agreement between the insurers involved, or, if they fail to agree, by binding inter-company arbitration under proce dures approved by the Insurance Commissioner. Expenses incurred in exercising the rights of subrogation hereunder shall be at the sole ex pense of the insurers and self-insurers involved. If the responsible tortfeasor is uninsured or is not a self-insurer, the insurer or self-in surer providing benefits shall have a right of action against such tort
feasor.

Section 5. Definitions--as used in this Act. (a) "Motor Vehicle" means a vehicle having more than three load bearing wheels, of a kind required to be registered under the laws of this State relating to motor vehicles designed primarily for operation upon the public streets, roads and highways, and driven by power other than muscular power, and in cludes a trailer drawn by or attached to such a vehicle.

WEDNESDAY, FEBRUARY 13, 1974

1039

(b) The term "insured" shall include, in addition to the insured named in the policy, his spouse and children if residing in the same household, the relatives of either if residents of the named insured's household, any pedestrian struck by the insured vehicle fend any other person using or occupying the insured vehicle with the express or im plied permission of the named insured or his spouse. The term "insured" shall also include the named insured, spouse and any resident relative while a pedestrian or while entering into, occupying or alighting from or when struck by a motor vehicle when such motor vehicle is not simi larly insured as required by Section 2(b).

(c) The term "motor vehicle accident" includes any occurrence arising from the operation, maintenance or use of a motor vehicle, in cluding the loading and unloading thereof, resulting in the accidental injury to or death of an insured.

(d) The term "disability" means any period of time during which an insured is unable to perform substantially all the duties required by his usual occupation, provided the disability commences within twelve months from the date on which the motor vehicle accident occurred.

(e) "Owner" means the natural person, corporation, firm, part nership, cooperative, association, group, trust, estate, organization, or other entity in whose name the motor vehicle has been registered. If no registration is in effect at the time of an accident involving the motor vehicle, "owner" means the natural person, corporation, firm, partner ship, cooperative, association, group, trust, estate, organization, or other entity who holds the legal title thereto, or in the event the motor vehicle is subject to a security agreement or lease with an option to purchase with the debtor or the lessee having the right to possession, "owner" means the debtor or the lessee.

(f) "Self-insurer" means any "owner" who has on file with the Commissioner of public safety an approved plan of self-insurance which provides for coverages, benefits, and efficient claims handling proce dures substantially equivalent to those afforded by a policy of automo bile liability insurance that complies with all of the requirements of this Act.
(g) "Pedestrian" means any person not occupying a motor vehicle or a motorcycle or any other motor driven vehicle designed primarily for operation upon the public streets, roads and highways or not in or upon a vehicle operated on stationary rails or tracks or aircraft.

Section 6. Benefits; periodic payment (a). Payment of benefits re quired by this Act must be made periodically on a monthly basis as ex penses are incurred, or in the case of total disability as disability continues.
(b) Benefits required to be paid without regard to fault shall be payable monthly as loss accrues. Such benefits are overdue if not paid within thirty (30) days after the insurer receives reasonable proof of the fact and the amount of loss sustained. If reasonable proof is not supplied as to the entire claim, the amount supported by reasonable proof is overdue if not paid within thirty (30) days after such proof is

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received by the insurer. Any part or all of the remainder of the claim
that is later supported by reasonable proof it overdue if not paid within thirty (30) days after such proof is received by the insurer. For the purpose of calculating the extent to which any benefits are overdue, payment shall be treated as made on the date a draft or other valid instrument was placed in the United States mail to the last known ad dress in a properly addressed, postpaid envelope, or, if not so posted, on the date of delivery. Basic no-fault payments may be paid by the in surer directly to persons supplying necessary products, services, or ac commodations to the claimant. In the event the company fails to pay each benefit when due, the person entitled to such benefits may bring an action to recover them, and the company must show that its failure or refusal to pay was in good faith, otherwise the company shall be liable for a penalty not exceeding twenty-five (25 '/< ) percent of the amount due and reasonable attorney's fees.

Section 7. Persons entitled to benefits. The insurer of a motor ve hicle with respect to which security is required by Section 2 shall pay basic no-fault benefits without regard to fault for economic loss result ing from:

(a) Accidental bodily injury sustained within the United States of America, its territories or possessions, or Canada by the insured and spouse and children if residing in the insured's household and the rela tives of either if residents of the insured's household while occupying any motor vehicle, or while a pedestrian as the result of being struck by a motor vehicle;

(b) accidental bodily injury sustained by any other person while occupying the owner's motor vehicle if the accident occurs within the United States of America, its territories or possessions, or Canada; and

(c) accidental bodily injury sustained by any other person as a re sult of being struck by the owner's motor vehicle while a pedestrian in this State.
Section 8. Correlation of benefits, (a) The benefits payable under this Act shall be reduced or eliminated to the extent that the injured person is entitled to receive workmen's compensation benefits under the laws of this State or of the United States.

(b) Medical payment benefits and uninsured motorists benefits payable under coverages in motor vehicle insurance policies shall be ex cess over any benefits required by this Act and available in such policies.

Section 9. Threshold. Any person eligible for benefits without re gard to fault described in Sections 2 and 3 of this Act is precluded from pleading or recovering in an action for damages against a tortfeasor those damages for which compensation is available without regard to fault under Sections 2 or 3 of this Act; provide, however, that nothing contained in this Section shall preclude the introduction into evidence of any evidence otherwise admissible in a judicial proceeding for the pur pose of proving the extent of the injury or injuries sustained by such person.

WEDNESDAY, FEBRUARY 13, 1974

1041

Section 10. Mandatory reduction of insurance rates. Notwithstand ing any other provision of law, all insurers issuing insurance coverage under this Act shall comply writh the following provisions:

(a) Within sixty (60) days after the effective date of this Act, each insurer shall file its proposed forms, manuals, rules, rates and rating plans with the Insurance Commissioner for such approval as is required by law. Rates for required coverage under this Act, with the exception of property damage liability required by Section 2(a), shall not exceed the rates for required financial responsibility coverage for bodily injury coverage reduced by each insurer by not less than fifteen (15 r/f) percent, calculated as a percentage of the required financial re sponsibility rate for bodily injury coverage of such insurer in effect on October 1, 1973. Rates for medical payments coverage and uninsured motorists coverage shall not exceed each insurer's effective rate on file with the Insurance Commissioner as of October 1, 1973, reduced by not less than fifty (50'r) percent. These rates shall remain in effect until March 1, 1976, and there shall be no exception to the requirements of this provision, unless the Insurance Commissioner shall find, after hear ing upon written request of an insurer, that the use of the rates re quired herein by any insurer will result in rates which are inadequate to the extent that such rates:

(1) do not properly reflect the insurer's loss experience in Ge<".;'ia to the extent that its earned premiums would not equal its incu'.'-d losses and expenses; or

(2) jeopardize the solvency of the insurer required to "".o such rates.

Such insurer shall have the burden of showing that the n;,e of the required rate will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in Georgia or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data and pertinent judgment and trend factors, no other reasonable conclusion would be appropriate. Upon conclusion of any hearing held pursuant to this Act, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a decision relieving an insurer from full compliance with this Section. The provisions of Code Chapter 56-2, as amended, shall apply to hearings held under this Act.

(b) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Act. Upon final adjudica tion the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of eight (9>"i ) percent per annum.

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(c) Any motor vehicle liability policies in force on March 1, 1975, and thereafter, shall refelect by endorsement any reduction in rates for all motor vehicle coverage as filed by the insurer and such reduction shall be computed on a pro rata basis for the remaining term of said policy. Such endorsement may be issued at the renewal date of the policy or the termination of the policy. Any return premium shall be credited to the renewal policy, or if the policy is terminated the return premium shall be refunded to the insured.

(d) During the two years following the effective date of this Act no insurer shall make underwriting profits on liability or medical pay
ments coverage on insurance written in this State in excess of the aver age underwriting profits made by such insurer on such lines of insur ance during the years 1969 through 1973.

Section 11. Proof of insurance. Prom and after January 1, 1975, no motor vehicle shall be licensed by the State of Georgia until the owner has furnished satisfactory proof to the licensing authorities in accord ance with rules and regulations promulgated by the Commissioner of Public Safety that there is in effect the minimum insurance coverage required by this Act, or an approved self-insurance plan. The insurer, within five (5) days after the effective date of a cancellation of such coverage, shall notify the Department of Public Safety in writing of the cancellation.

Section 12. Rules and regulations. The Insurance Commissioner shall adopt rules and regulations necessary for the implementation of this Act with respect to insurers providing the security required herein. The Commissioner of Public Safety shall adopt rules and regulations necessary for the implementation of this Act with respect to the main taining of the security required herein.

Section 13. Penalties. An owner or any other person who knowingly operates, or knowingly authorizes another to operate, a motor vehicle without effective insurance thereon or without an approved plan of selfinsurance as required by this Act shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor.

Section 14. Severability. If any provision of this Act or the appli cation thereof to any person or circumstance is held unconstitutional, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby and it shall be conclusively presumed that the General Assembly would have enacted the remainder of this Act without such invalid or unconstitutional pro vision.

Section 15. Effective dates of this Act. Sections 10, 11, 12 and 13 of this Act shall become effective on October 1, 1974. All other provisions of this Act shall become effective on March 1, 1975, and shall not apply to accidents or injuries occurring before said date.

Section 16. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

WEDNESDAY, FEBRUARY 13, 1974

1043

Senator Broun of the 46th moved that the Conference Committee Report on HB 78 be adopted.

On the adoption of the Conference Committee Report, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Coggin Cox Dean Doss Duncan Fincher Gillis

Hamilton Henderson Herndon Hill Holley Holloway Hudgins Kennedy Kidd Langford Lester London

Those voting in the negative were Senators:

Bell Eldridge Howard Johnson Parker

Riley Rowan Smith Starr Sutton

Those not voting were Senators:

Cleland Coverdell

Garrard Jackson

McDuffie McGill Moore Overby Reynolds Salter Skene Smalley Stephens Warren Young Zipperer
Thompson Tysinger Ward Wasden
Summers Webb

On the adoption of the Conference Committee Report, the ayes were 36, nays 14, and the Conference Committee Report on HB 78 was adopted.

The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President:
The House has adopted the following resolution of the House, to-wit:
HR 684. By Messrs. Busbee of the 114th and Murphy of the 18th: A resolution calling a joint session of the House of Representatives and

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JOURNAL OF THE SENATE,
the Senate for the puropse of commemorating the 100th anniversary of the Georgia Department of Agriculture.

The President announced the Senate would stand in recess from 12:55 o'clock P. M. until 2:00 o'clock P. M.
The President called the Senate to order at 2:00 o'clock P. M.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1376. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st: A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1974, in addition to any other appropriations heretofore or hereafter made for the operation of the departments and agencies of the State provided for herein and the purposes provided for herein.
The Senate Committee on Appropriations offered the following substitute to HB 1376:
A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal year 1973-74, known as the "General Appropriations Act", approved April 19, 1973 (Ga. Laws 1973, p. 1353), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1974; to make language and other changes; 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 providing appropriations for the fiscal year 1973-74, known as the "General Appropriations Act", approved April 19, 1973 (Ga. Laws 1973, p. 1353), is hereby amended by changing the rev enue estimate so that it now shall be $1,504,000,000, and by striking the following:
"PART I.
LEGISLATIVE BRANCH",
and Sections 1 through 42, and inserting in lieu thereof the following:

WEDNESDAY, FEBRUARY 13, 1974

1045

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. A. Operations

$0,493,000

B. For election blanks and other election expenses, including publishing constitutional ;miendments

$175,000

C. For all cost of Georgia Official and Statistical Register $95,000

For compensation, expenses, mileage, allowances, air travel expense and benefits for members of the Gen
eral 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. National Conference of Commissioners on Uniform State Laws; National Conference of Legislative Leaders. Conference of Insurance Legislator?:, and Marine Fish eries Compact; for equipment, supplies, repairs, print ing and other incidental expenses for the Legislative Branch; for the necessary cost of renovating and repair ing the housing and other facilities for the Legislative Branch; for cost of compiling, publishing and distrib uting the Acts and Journals of the General Assembly; for the annual report of the State Auditor to the Gen eral Assembly; and for cost of Legislative Services Committee, Office of Legislative Counsel, and Legisla tive Budget Analyst, as authorized by law.

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 pro mulgate rules and regulations relative to the expendi ture of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Commit tee 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. Department of Audits.

A. Operations--Audits

....... .

B. Operations--Tax Ratio Study . ... .

.... . $ $

1,632,000 350,000

1046

JOURNAL OF THE SENATE,

Section 3. Educational Improvement Council. Operations ........... . . .. ..____ .. .. ......... .........$

PART II.

JUDICIAL BRANCH

Section 4. Supreme Court. Operations ....................... ............_._.............._..............$

For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement of contri butions and for the Emeritus Judges of the Court. Pro vided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fis cal year. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorney's fees and legal expenses for indigent defendants in criminal cases on appeals as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.
Section 5. Superior Courts.
Operations ....... .. .. ........_..._...._._._._........_..._......_._._._.._...._.$

For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' sala ries, contingent expense allowances authorized by law, the payment of mileage authorized by law, the payment of travel, tuition and expenses of Judges authorized to attend the National College of State Trial Judges, and such other salaries and expenses as may be authorized by law.

For payment of salaries, contingent expense al lowances, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.

Provided, however, that the listed appropriation shall be increased by the amount of $13,334 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $6,000 per annum for each additional District Attorney Emeritus position established during the fiscal year.

Provided, further, that the listed appropriation shall be increased by the amount of $30,000 per annum

68,558 871,981
6,014,658

WEDNESDAY, FEBRUARY 13, 1974
for each judgeship created by law during the 1973 session of the General Assembly.

Section 6. Court of Appeals.

Operations ........

... ... ...

. .. .

$

Changed Objects:

Personal Services

.................

... $

Operating Expenses .

. .... . .

$

For the cost of operating the State Court of Ap peals, including salaries and retirement contributions of judges and employees of the Court and for the Emer itus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional position estab lished during the fiscal year.

Section 7. Administrative Office of the Court.

Operations .

.... ... . ..... . .....

$

Changed Objects:

Personal Services ..................-.-.............$

Operating Expenses

$

For the cost of operating the Administrative Office of the Court.

Section 8. Court Reports.

Operations

...

....

Changed Object: Operating Expenses ......

.....$
$

For the cost of printing and distributing the re ports of the Supreme Court and Court of Appeals.

Section 9. Judicial Qualifications Commission.

Operations

.... ........

...

$

Changed Object: Operating Expenses _

.. $

For the cost of operating the Judicial Qualifica tions Commission.

1047
952,844 897,644
55,200
75,000
54,700 20,300
37,000
37,000
3,000 3,000

1048

JOURNAL OP THE SENATE,

PART III.

EXECUTIVE BRANCH

Section 10. Department of Administrative Services.

A. Operations . ............. ..... . .. ...............$

Changed Objects:

Personal Services

$

Operating Expenses ........._......._.._..._.......... . ..$

Telephone Billings ................

- ..........$

B. Capital Outlay _....._._...._.............. ....................$

Changed Object:

Capital Outlay ................ . ......

$

Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed to prepare a Capitol Hill Development Plan.
C. Authority Lease Rentals .... . ........ .......$
Changed Object: Authority Lease Rentals . .... ..........................$
D. Workmen's Compensation Fund .......... .................$
Changed Object: Workmen's Compensation Fund _..... ........._...$
Section 11. Department of Agriculture.

A. Operations ....................._.................._.....................$

Changed Objects:
Personal Services ...... Operating Expense ...

............... $ ... ._ . .. $

B. Authority Lease Rentals ............ .... ........... .........$

Changed Object: Authority Lease Rentals

........................._.....$

3,754,488 9,952,536 9,780,822 4,084,668
182,500 182,500
3,112,753 3,112,753
700,000 831,583
11,222,100
8,927,946 3,740,000
945,000
945,000

WEDNESDAY, FEBRUARY 13, 1974

C. Indemnities ... ..... .

. ....... $

Changed Object:

Indemnities . .................... .. .

.$

B. Fire Ant Eradication

... ______

$

Changed Object:

Fire Ant Eradication

_,,_ $

E. Capital Outlay

_

$

Changed Object:

Capital Outlay

_

. _$

F. Agrirama .

.....$

Changed Objects:
Personal Services Operating Expenses Capital Outlay . .

. _ ...........$

.

_______$

.

. ..

$

Provided, that of the above appropriation relating to operating expenses, $75,000 is designated and com mitted for a research contract with Georgia Institute of Technology for development of automated equipment for loading turkeys and waste utilization.

Provided, that of the above appropriaton relating to Capital Outlay, $2,755,000 is designated and com mitted to construct a farmers' market at Macon, Geor gia.

Section 12. Department of Banking and Finance.

Operations

........... ...... .. ................. _. . $

Changed Objects:
Personal Services Operating Expenses .. ..

$

..

$

Section 13. Department of Community Development.

Operations .......... .......

$

Changed Objects:

Personal Services _______ _____

$

Operating Expenses--Regular _...._ _ .

$

1049 65,000 05,000 1,500,000 1,500,000 2,830,000 2,830,000 605,588 75,000 50,000 480,588
1,136,550 922,450 214,100
11,705,219 2,280,292 1,511,320

1050

JOURNAL OF THE SENATE,

Advertising .............................._....... ______ _. _ ___.$

Operating Expense--World Congress Center $

Capital Outlay ________________________________________________

Outstanding Authority Lease Rentals __ _ _ _.___$

State of Georgia General Obligation

Debt Sinking Fund/New Authority

Lease Rentals ______________________

$

Grants:

APDC Grants _ ____________________________________________________$

HUD--701 Planning Grants

_

$

LEAA Action Local

. ___ ___________________$

LEAA Action State __________________

_$

LEAA Discretionary

...........................^

LEAA Planning

_________

________ $

Impact Cities ....

_ ...............................^

SEADOC

___________________

$

Provided, that from the above appropriated amount $3,043,478 is specifically appropriated for the purpose of financing the construction and equipping of the proposed World Congress Center in the City of Atlanta through the issuance of not to exceed $35,000,000 in principal amount of general obligation debt or through the issuance of not to exceed $35,000,000 in principal amount of bonds by the Georgia Building Authority. Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said undertaking, said amount shall be appro priated to the 'State of Georgia General Obligation Debt Sinking Fund'. Should said Commission determine that said undertaking be financed through the issuance of bonds by the Georgia Building Authority, said amount shall be appropriated to the Department of Community Development and used for the purpose of paying lease rentals.

Provided, however, no portion of the authority lease rental funds for the World Congress Center herein authorized, to-wit: $3,043,478 shall be committed or ex pended prior to October 1, 1973. In the event at that time a World Congress Center building of substantially the type contemplated by the criteria, except as to site, which already has been set by the Executive Board of the Georgia World Congress Center, in the opinion of a majority of the State Properties Control Commission as demonstrated by evidence of ability to do so, can be financed by sources other than State funds or by funds guaranteed by the State, then this sum shall be lapsed. Provided, however, the $200,000 operating expense hereinabove appropriated, or a portion thereof, may be ex pended for preliminary planning in the interim. The final decision of a majority of the members of the State Properties Control Commission with respect to the

750,000 100,000 210,000 2,000,000
3,893,478
1,157,000 1,300,000 14,834,261 5,106,957 1,134,976
579,675 10,000,000
133,000

WEDNESDAY, FEBRUARY 13, 1974
lapsing of funds as herein authorized and the adequacy of financing by other sources, shall be made on or be fore October 1, 1973. This provision shall not be con strued as affecting any decision of the Executive Board of the Georgia World Congress Center heretofore made and such decisions are hereby ratified and confirmed and will be carried out as made if the above funds do not lapse for the reasons hereinabove provided.

Provided, that of the above appropriation, $850,000 is designated and committed to pay rentals to the Georgial Ports Authority to permit the issuance of bonds to finance the completion of construction of a containcrization facility and a public warehouse distribution center all located at the Authority's Garden City Termi nal, Savannah, Georgia, and to permit the repayment of temporary loans incurred in connection with these projects.
For general administrative cost of operating the Department of Community Development, including ad vertising expense and Grants for Area Planning and Development Commissions. For general administrative cost of operating the State Crime Commission office, including the State 'buy-in' for Law Enforcement As sistance Agency grants to local governmental units.

Section 14. Office of Comptroller General.

Operations

..

..

$

Changed Objects:

Personal Services . .

Operating Expenses

.

. ... $

.

$

Section 15. Department of Defense.

A. Operations .........

.

.... . . $

Changed Objects:
Personal Services . ... Operating Expenses

. .... $ $

Grants:
National Guard... Georgia Military Institute

. ..

..... $ $

B. Capital Outlay.

....

$

Changed Object:

Capital Outlay .....

.

..$

1051
2,572,450 2,125,350
409,300 1,409,450 1,939,975
561,500 200,000
16,000 737,461 976,401

1052

JOURNAL OF THE SENATE,

Provided, that of the above appropriation, $34,461 is designated and committed for the construction of motor vehicle storage facilities at the Rome National Guard Unit.

Section 16. State Board of Education-- Department of Education.
A. Operations

$ 534,320,770.97

Provided, that none of the State funds appropri ated above may be expended to initiate or commence any new program or project which would create a con tinuing obligation of the current funds of the State, un less such program or project has been authorized by the General Assembly.

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 be the pro rata part of the cost of employer con tributions to the Teachers' Retirement System applica ble to such salary.

Provided, that the amount of $7,000,00 in Grants to Local School Systems for supplemental instructors and aides shall be used to provide assistance in the elemen tary grades in the form of additional 'noncertificated personnel' to assist classroom teachers in providing in tensive instruction and training in order to enable all students to achieve in the various subject matter areas in accordance with their potential and abilities. Such personnel shall be made available to assist the class room teachers. Such personnel shall be made available to Local School Systems within the limits of funds available by the State Department of Education on the basis of applications by the Local School Systems and a determination of critical need by the Local School Systems and the State Department of Education.

Provided, that independent school systems shall be eligible to participate in the 'minibuses' transportation program for Special Education Students.

B. Construction:

Authority Lease Rental Payments to

Georgia Education Authority (Schools) _._.._.$

Grants to School Systems for Authority Lease

Rental Payments to Georgia Education

Authority (Schools) .............

.................$

Grants Direct to School Systems for Capital

Outlay Purposes--Bond Retirement . . . . $

460,669
26,843,088 624,243

WEDNESDAY, FEBRUARY 13, 1974

Grants to School Systems for Capital

Outlay Purposes--Direct Financing __

$

Capital Outlay ...... .

.._.....$

Provided, that of the above appropriation, relative to construction, $23,000,000 is designated and com mitted for distribution to local systems on a formula to be promulgated by the State Board of Education based on current increased average daily attendance, surveyed projected growth, outstanding local effort of local sys tems, age and condition of existing school buildings, and such other criteria by the Board to insure that classroom need is the basis of distribution.

Provided, that of the above appropriation, relative to operations, $50,000 is designated and committed for the Professional Practices Commission.

Changed Objects:

Personal Services

_......._..__...........__.........._.$

Operating Expenses ..

.. . . ....$

1053 23,000,000
3,080,000
16,373,077 7,682,355

Capital Outlay:

Capital Outlay (Regular) ...................

$

Grants to School Systems for

Capital Outlay Purposes ............ ...... ..........$

3,080,000 23,000,000

Authority Lease Rentals:

Authority Lease Rentals (Regular)

$

Grants to School Systems for ALR Payments

to Georgia Education Authority ...... . . . $

Grants Direct to School Systems for

Capital Outlay Purposes ..... . . .. .

$

460,669 26,843,088
624,243

MFPE Grants:

Teacher Salaries (Section 11)

$

Salaries of Other Certificated

Professional Personnel

(Section 12)

......

$

Special Education Teachers

(Section 20) .............

. ... $

Maintenance, Operations and Sick Leave

$

Travel ........................

........ . .$

Isolated Schools ...... .......

$

Mid-Term Adjustment

........... $

Pupil-Transportation ...

$

Instructional Media

. ..

$

263,608,947
45,858,143
28,157,603 48,053,461
1,004,469 55,883
--0-- 22,800,965
9,265,287

Non-MFPE Grants: Teacher Retirement

... .. ..... ............... ... .. ... $

29,158,744

1054

JOURNAL OF THE SENATE,

Cooperative Educational Services

Across County Lines ... ................. .. ........$

Superintendents' Salaries ............_.......................$

Instructional Assistance ...... .............................._..$

Enrichment Equalization ..... .................... .. .......$

Driver Education .................................. . .........$

Early Childhood Services .............. . ...........$

High School Program . .................... ... ...............$

Teacher Training and Research .

... .........$

Local Administration and Supervision ............. $

Work Study _._._._.........._........,,._............ ..........$

Adult and Post-Secondary .................. ...... . ....$

Adult Basic Education ............._...........................$

Area Vocational Technical Schools . ................$

Manpower Development and Training

. .....$

Instructional Services for Handicapped .. . $

Preparation of Professional Personnel

for Education of Handicapped . .. .................$

Educational Training Services for

the Mentally Retarded .......................... .......$

Tuition for Multi-Handicapped ..................... .. ....$

Severely Emotionally Disturbed ......................... . ....$

Education of Children from

Low-income Families ................ ..

. . .........$

Strengthening Instruction in

Critical Subjects ................ ....................._.................$

School Library Resources and

other Materials ._..........._......._........_..._.._._._..................$

Summer Library Supervisory Program .._._.... .........$

Educational Television ....................._.._..._....___.............$

Preschool Training for the Handicapped ................$

Psychological Services . ......__.._..._..._....... .........._._.....$

Guidance, Counseling and Testing ..... ... ...._........._..$

School Lunch _..._...................._.............. . . .. ................$

Supervising Teachers ................_............ . ........... .._..$

Supplementary Education Centers

and Services ........... . ...... .....................$

Teachers' Scholarships ...._._..._.........................._..........$

In-Service Grants ...... . ............_.................

.......$

Research and Demonstration .. ......_..._............ ... . ......$

Salaries and Travel of Public Librarians ................ $

Public Library Service and Materials ___._______________.__..$

Public Library Construction ................ . ...........$

Provided, that of the above appropriation, relative to operations, $27,500 is designated and committed for payment to Houston County Speech and Hearing School, and $27,500 is designated and committed for payment to Houston County Happy Hour School.

2,530,000 2,795,410 7,000,000 --0--
375,000 --0-- 18,663,395
850,000 273,761 103,000
39,000 2,461,000 27,535,493 3,160,000
750,000
104,000
200,000 522,000 2,988,000
41,255,252
1,544,000
1,925,000 57,000 56,000
6,610,252.97 48,000
200,000 50,120,000
145,000
2,506,000 328,000 647,000
--0-- 2,290,300 2,262,109 1,000,000

Provided, that the State Board of Education shall make allotments for Section 11, 12 and 20 teachers on the basis of the index schedule used for fiscal year 1973.

From the above appropriation, relative to Opera-

WEDNESDAY, FEBRUARY 13, 1974
tions, the Department is authorized to make payments to the Teachers' Retirement System to fund a reduction from 15 to 10 years the minimum period for providing disability and death benefits under Teachers' Retire ment.
Provided, that of the funds appropriated in this Section, the Department is authorized to utilize up to $5.000,000 to fund the Equalization Program autho rized in HB 57, subject to prior approval by the Fiscal Affairs Subcommittees.

Provided, that of the above appropriated amount, relative to Preschool Training for the Handicapped, the Diagnostic Classification and Testing Services Pro
gram initiated in F. Y. 1973 under Act No. 1234, Ga. Laws 1972, p. 722, shall be funded at the continuation level in F. Y. 1974, the remainder of such appropriation shall be used and expended to initiate a half-day Pre school Training program for five-year-old children who arc mentally, physically, or emotionally handicapped, and for no other purpose.

Provided, that of the above appropriation relative to Capital Outlay, $12,000 is designated and committed for outdoor lighting at the Georgia School for the Deaf, $18,000 is designated and committed for freezer and cooler facilities at North Georgia Vocational-Technical School, and $90,000 is designated and committed for land acquisition at the Atlanta Area School for the
Deaf.

Provided, that effective April 1, 1974, the Depart ment is authorized to increase school lunch grant rate to five cents per lunch.

Provided that of the above appropriation relative to Operations, $4,500 is designated and committed to em ploy a speech therapist at the Academy for the Blind in Macon, Georgia.

Section 17. Employee's Retirement System.

Operations .. ....... ......

$

Changed Objects:

Personal Services

_$

Operating Expenses ...

$

Section 18. Forestry Commission.

Operations

...........

$

1055
--0-- 481,900 256,399
8,235,750

1056

JOURNAL OF THE SENATE,

Changed Objects:
Personal Services __.. Operating Expenses Capital Outlay ........

Provided, that of the above appropriation, $25,000 is designated and committed for sewer line construc tion in Bibb County. Provided, further, that none of the funds appropriated above for this purpose shall be used until the Attorney General has issued an official opin ion that such expenditure be legal.

Provided, that of the above appropriation, $12,000 is designated and committed for the construction and equipping of a headquarters building in Oglethorpe County.

Section 19. Forest Research Council. Operations ..,,-._-..-.....-.......--.......................$

Changed Objects:
Personal Services ____..._................-... .__..._$ Operating Expenses .........._..__.._._,,.____._______.__..__..-_.$ Research Contracts _____________ .............. ..............$

Section 20. Office of the Governor.
A. Operations Governor's Office ----_._.. ............,,..._..._.-..-- _$
Changed Objects: Personal Services _____________________________-_-__-__-_-__--_..____$ Operating Expenses ....-..-............--..-...,,.._.---.-...--$ Mansion Allowance _._..____....__...__.___...-.-.--_...__-._..__.$
Office of Planning and Budget __..___._._.___.__..._..___.,,_. ____$
Changed Objects: Personal Services ._____.._....._..._._._._._.._._._........_.........$ Operating Expenses: Regular ....-........-...--_._._.-......--...--......--..._.--......$ Payments to Regional Commissions --,,_.,,--,,.$

B. Governor's Emergency Fund ___.___-___.._.-._.--_--.,,._._$

There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his

8,049,658 2,806,000
12,000
609,150
91,150 56,200 560,160
873,750
559,750 289,000
25,000 1,617,307
1,755,147 407,605 196,700
2,000,000

WEDNESDAY, FEBRUARY 13, 1974

discretion 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.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes.

Section 21. Grants to Counties and Municipalities.

A. Grants to Counties

............_..$

Changed Object: Grants to Counties

......_.........._...$

B. Grants to Municipalities

..$

Changed Object: Grants to Municipalities

. . _ .. ..._..$

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

C. Grants to Counties

-- $

To provide grants to counties for county roads and maintenance and to grant ad valorem tax relief. These grants shall be disbursed and distributed by the Fiscal Division of the Department of Administrative Services.

Section 22. Department of Human Resources.

A. Operations ......

..__...._..._..$

Changed Objects:
Southwestern State Hospital Personal Services ._.,,__...... .._......... ._...._..._--.--_..$
Georgia Retardation Center Personal Services ........._....--.$
Georgia Mental Health Institute Personal Services ....._.._._._........_..._..___._._.__....-...$
Georgia Regional Hospital at Augusta Personal Services ........__...._.___.__..._......|

1057
2,600,000 2,600,000 4,200,000 4,200,000
49,848,250
295,165,018 5,844,304 9,152,632 6,230,804 4,257,815

1058

JOURNAL OF THE SENATE,

Central State Hospital

Personal Services _._._.__._...... ................................if

Georgia Regional Hospital at

Savannah Personal Services ....... ............... .....$

Gracewood State School and

Hospital Personal Services ................... ............ $

Northwest Georgia Regional

Hospital Personal Services __....................._.... $

West Central Georgia Regional

Hospital Personal Services ._..___._._........... .........$

Georgia Regional Hospital at

Atlanta Personal Services ............._...__._...........$

State and Regional Youth Development

Center Personal Services

$

All other Personal Services ........................._........$

Operating Expenses _....._._._..._........._..........._.._......$

Grants .__._._._______.._..._..,,........_.__..........._......................$

Benefits .......$

Provided, that of the above State appropriation for Medicaid, $12,500 is designated and committed to pro vide medical coverage for Non-AFDC Foster Children.

Provided, that of the above appropriation, $98,666 is designated and committed for the licensing and mon itoring of the Day Care Centers for the Mentally Re tarded.

Provided, that of the above appropriation, $1,440,000 is designated and committed to purchase equipment for the Day Care Centers for the Mentally Retarded.

37,520,040
4,062,185
12,145,423
5,377,188
1,406,093
5,447,118
7,131,121 45,542,613 107,214,457 72,185,835 393,582,537

Provided, that of the above appropriation, $30,000 is designated and committed to be used to match Title IV-A funds to continue Atlanta Association for Re tarded Children's project Rescue outreach advocacy program.

Provided, that of the above appropriation, $34,461 is designated and committed to continue the Cancer Registry.

Provided, that the funds included in this Section for the State to operate the Bibb County Detention Home shall only be available for expenditure therefor upon said facility and real estate being transferred and deeded to the State at no cost to the State.

Provided, that of the above appropriation, a specific sum equal to the cost of providing uniforms for all firemen and security personnel at Central State Hos pital is designated and committed for the provision of such uniforms for such employees.

WEDNESDAY, FEBRUARY 13, 1974
Provided, that of the appropriation for construc tion, $400,000 is designated and committed for a Shel tered Workshop in Chatham County.
Provided, that the funds included in this Section for the State to operate the Cobb County Detention Cen ter shall only be available for expenditure therefor upon said facility and real estate being transferred and deeded to the State at no cost to the State.
Provided, that of the above appropriation, $100,000 is designated and committed for the Hemophilia Pro gram.
Provided, that of the above appropriation relative to Operations, $5,000,000 is designated and approved for payment to the Macon-Bibb County Hospital Authority upon the approval by the Federal Government of the application for funding of a new medical college for the training of medical doctors and other allied medical personnel under the provisions of Public Law 92-157 known as the 'Comprehensive Health Manpower Train ing Act' of 1971.
Provided, that of the above appropriation, $15,000 is designated and committed for improving the play ground for the children's unit at the Georgia Mental Health Institute. Provided, further, that $19,000 is designated and committed for the purchase of emer gency equipment at said institution.
Provided, that of the total funds contemplated in this Section, $650,000 is designated and committed for the Sheltered Workshops for the mentally retarded.
B. Construction . .......................... . . . ................_...$
Changed Objects:
Capital Outlay _....._..._..._._._....... .. . ..........._..._...._.$ Outstanding Authority Lease Rentals __..__________..$ State of Georgia General Obligation
Debt Sinking Fund/New Authority Lease Rentals ... .... ................. ...............$
Provided, that of the above appropriation relative to Construction, $25,250 is designated and committed for a Regional Youth Development Center at Eastman, Georgia.
Provided, that the funds included in this Section for the State to operate the Muscogee County Detention Home shall only be available for expenditure therefor

1059
12,238,250 5,678,250 5,545,000 1,015,000

1060

JOURNAL OF THE SENATE,

upon said facility and real estate being transferred and deeded to the State at no cost to the State.

Provided, that of the above appropriation $250,000 is designated and committed for construction of a Sheltered Workshop in Clayton County.

Provided, that of the above appropriation, $100,000 is designated and committed for Capital Outlay at the Warm Springs facility.

Provided, that of the above appropriation, $240,000 is designated and committed to renovate eight bath rooms in the Bostick Building at Central State Hospital.

Provided, that of the above appropriation, $200,000 is designated and committed for elevator renovations at Central State Hospital.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund/New Authority Lease Rentals, $200,000 is speci fically appropriated for the purpose of making gen eral improvements in the Alien Building at Central State Hospital (Milledgeville) through the issuance of not to exceed $2,225,000 in principal amount of gen eral obligation debt.

Provided, that of the above appropriation, $246,000 is designated and committed for repairing the roof on the laundry at Central State Hospital.

Provided, that of the above appropriation, $555,000 is designated and committed to construct a Regional Youth Development Center at Blakely, Georgia.

Provided, that from the above appropriated amount, $525,000 is specifically appropriated for the purpose of financing the construction and equipping of (1) a new 75-bed multi-geographic facility at Southwestern State Hospital (Thomasville), (2) a school for special education at Central State Hospital, and (3) a new 60-bed medical hospital at Gracewood State School and Hospital through the issuance of not to exceed $6,025,000 in principal amount of general obligation debt or through the issuance of not to exceed $6,025,000 in principal amount of bonds by the Georgia Building Authority (Hospital). Should the Georgia State Fi nancing and Investment Commission elect to issue Gen eral Obligation Debt to finance said undertaking, said amount will be appropriated to the 'State of Georgia General Obligation Debt Sinking Fund'. Should said Commission determine that said undertaking be fi-

WEDNESDAY, FEBRUARY 13, 1974

nanced through the issuance of bonds by the Georgia Building Authority (Hospital), said amount shall be appropriated to the Department of Human Resources and used for the purpose of paying lease rentals.

Section 23. Department of Labor.

A. Operations

. ............... . ...................$

Changed Objects:

Personal Services .......................... ......................$ Operating Expenses _.___...........-_.__..... .......$ Grants ............._......._.... . ............_........ ..........._...._..$

Provided, that of the above appropriated amount relative to Operations, $43,855 is designated and com mitted to begin a Manpower Analysis Training and Development Program.

B. Unemployment Compensation Reserve Fund $

Changed Object:

Unemployment Compensation

Reserve Fund

.......... .................. ..^

C. Correctional Manpower Program - .......................$
Changed Objects:
Personal Services _......_............ .................... ......$ Operating Expenses .. ........._........ .. ..................$

Section 24. Department of Law.

A. Operations .. .................._....... .............................I
Changed Objects:
Personal Services .. .........................................$ Operating Expenses .............. . ................ - .....$

B. Books for State Library Changed Object:
Books for State Library

............... ............$ ......._.. ....._..._._.....$

For the cost of operating the Department of Law, provided that the compensation of all Assistant Attor neys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropri-

1061
1,466,502 17,673,943 10,049,643
1,769,000
325,000
325,000 384,122 753,588 332,418
1,648,700 1,468,700
242,000 21,000 21,000

1062

JOURNAL OP THE SENATE,

ated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law.
Section 25. State Literature Commission.
Operations ...-_....$

11,000

Changed Objects:
Personal Services .._.........$ Operating Expenses ....... ............$

7,000 4,000

Section 26. Merit System of Personnel Administration.
Operations .........--.--._..--.... ._..............--...--....----.. .....$

--0--

Changed Objects:

Personal Services .. ....._........._..._..-......-...... ........$

Operating Expenses _____--..

....$

1,328,736 628,164

Provided, that the State Merit System through agency assessment of $5,500 to the Department of Edu cation's budget to provide for funds for research and development of a health insurance plan for public school teachers as provided for by House Bill 39.
Section 27. Department of Natural Resources.

A. Operations

..

.

. $ 23,605,832

Changed Objects:

Personal Services

.....$

Operating Expenses ... ________._......__________..._..__.___.-..$

14,019,030 10,795,997

Grants:
Land and Water Conservation Fund .-_._...__.....--$ Herty Foundation _________....__________.-._..._._.---.....-_-.$

4,000,000 150,000

Local Governments:

Solid Waste Systems ._..._....._____.____.._. ........... ..$

Savannah Beach Reclamation ........ .. .............. $

Recreation Systems .

.

$

Water and Sewer Systems

. ...._...$

B. Authority Lease Rentals/General Obligation Bonds -._......._..._.-..........._._..._-.....__._._.-.$

2,000,000 1,318,030
245,000 2,000,000
2,643,000

WEDNESDAY, FEBRUARY 13, 1974

Changed Object:
Authority, Lease Rentals/General Obligation Bonds ............... ................ .

.........$

C. Capital Outlay

..

$

Changed Object: Capital Outlay .......................................................^

D. Heritage Trust ... ........ . . .. . ........_._._._.._..$

Changed Object: Capital Outlay .......................... ...... ................_.$

Provided, however, that none of the above appro priation for Water and Sewer Grants shall be allotted to any county or municipality unless such county or municipality shall have reached its legally established bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Re sources.
Provided, that of the above appropriation relating to Operating Expenses, $15,000 is designated and com mitted for planning and securing options for a new State Park in Rockdale County.
Provided, that of the above sum, the sum of $500,000 is to be used for acquiring land and establishing the Pickett's Mill and New Hope Church State Park in Paulding County, Georgia.
Provided, that no land shall be purchased for State park purposes from funds appropriated under this Sec tion or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section.

Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed for General Coffee State Park.

Provided, that of the above appropriated amount, $7,500 is designated and committed for the purchase of equipment for pocket parks in Wayne County, Georgia.

Provided, that of the above appropriation relating to Operations, $892,515 is designated and committed for Lake Lanier Island Development Authority.

1063
2,643,000 3,887,725 4,407,825 11,778,442 11,778,442

1064

JOURNAL OF THE SENATE,

Provided, that of the above appropriation relating to Capital Outlay, $200,000 is designated and committed for Lake Lanier Island Development Authority.

Provided, however, that of the above appropriation relating to Capital Outlay, $387,000 is designated and committed to purchase 258 acres of land in Rockdale County.

Provided, however, that of the above appropriation relative to Recreation Systems, $45,000 is designated and committed for the Civic Center Project in Smyrna, Georgia.

Provided, however, that of the above appropriation relative to operating expenses, $36,008 is designated and committed for the purchase of an ambulance and emergency equipment on Jekyll Island, Georgia.

Provided, however, that of the above appropriation relative to Capital Outlay, $100,000 is designated and and committed for improvements at Fort Mountain State Park.

Provided, however, that of the above appropriation relative to operating expenses, $65,000 is designated and committed for playground equipment in Brantley, Camden, and Long counties.

Provided, however, that of the above appropriation relative to operating expenses $62,171 is designated and committed for the dredging and diking of the Terry-Dupree Creek Waterway in the Brunswick area.

Section 28. Department of Offender Rehabilitation.

A. Corrections Operations ,,--..$

Changed Objects:
Personal Services ____....________________________..____.__..__.._..____$ Operating Expenses _..........___.._._..._........_..._..._..--.....$

Capital Outlay ...,,.,,$

Changed Object: Capital Outlay ___.__.._.____..___.______._.._..............___.________$

Authority Lease Rentals .

.,,_ ..................$

23,694,647
16,070,762 10,366,755 12,707,000
12,707,000 840,000

WEDNESDAY, FEBRUARY 13, 1974
Changed Object: Authority Lease Rentals ........................ ......._.....$

Provided, that of the above appropriation relating to Capital Outlay, $500,000 is designated and com mitted for equipment purchases for Correctional Indus tries.

Provided, however, that of the above appropriation relating to Capital Outlay, $25,000 is designated and committed to construct a warden's house at Lee Cor rectional Institute, and $125,000 is designated and com mitted to construct guard towers and install perimeter lighting at Georgia Industrial Institute.

B. Offender Rehabilitation Operations ................................ ............................$

Changed Objects:
Personal Services _._._..._._._._.. .........._..__.._.......... ....$ Operating Expenses ................__........... ..................$

C. Pardons and Paroles Board Operations ............................... ................

..........$

Changed Objects:

Personal Services ...................... ......._..._.._._._._._._.$

Operating Expenses ._............

.$

Section 29. Department of Public Safety.

A. Operations . . .......-......._....... ................

$

Changed Objects:
Personal Services ..... .............................. .......$ Operating Expenses ................. ... - .............._._._.$

B. Capital Outlay ..........

....................... ...........$

Changed Object: Capital Outlay .............................. ........................I

Provided, that of the above appropriation relating to Capital Outlay, $74,000 is designated and committed to construct and equip a driver's licensing facility in North Fulton County or North Atlanta.

1065 840,000
4,349,000 5,081,518 1,107,293
373,489 322,489
51,000 22,950,632 17,595,985
8,669,684 161,000 161,000

1066

JOURNAL OF THE SENATE,

Provided, however, that of the above appropriation relating to Capital Outlay, $27,000 is designated and committed for a driver's licensing facility at the Farm ers' Market in Clayton County.

Provided, however, that the Director of the Depart ment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Provided, that from the above appropriation, there shall be paid to each employee who has repaid moving expenses to the department an amount equal to the repayment such employee has made. Provided, further that no further repayment of moving expenses by em ployees shall be received by this agency.

Provided, that of the above appropriation relating to Operations, $30,000 is designated and committed to purchase uniforms for the Driver's License Examiners.

Section 30. Public School Employee's Retirement System.

A. Operations ._........_..._..........._...

..

......... $

Changed Object: Operating Expenses .. ......_...... .. ........... .......... $

B. Employer Contribution ... ......_.... . .._......... .............$

Changed Object: Employer Contribution _._.........._..._..... .............._..$

Section 31. Public Service Commission.

Operations _.-......

... $

Changed Objects:
Personal Services ._._._..._..._._.__.........._.._..........._._....$ Operating Expenses .__..........._.__...._.....__.._...--.._..._..$

Section 32. Regents, University System of Georgia.

A. Operations .........$

137,000 137,000 7,259,000 7,259,000 1,697,038 1,257,237 447,445
218,009,541

WEDNESDAY, FEBRUARY 13, 1974

1067

Changed Objects:

Personal Services __....._._.._.._____.._____.___________.__.....____.$

Operating Expenses ._..................... . .................I

Teachers' Retirement _....._..__......_.... .............. ._......$

Grants to Junior Colleges ............................ ......_.$

Regents Scholarships

______ ....................I

Medical Scholarships .... . _

-- $

249,262,204 70,195,406 13,940,500 3,050,000 200,000 336,000

B. Construction: Outstanding Authority Lease Rentals ........... ___ $

20,193,300

Changed Object: Outstanding Authority Lease Rentals . ... .....$ 23,018,196

State of Georgia General Obligation

Debt Sinking Fund/New Authority

Lease Rentals

...........

_ .......$

1,000,000

Changed Object :

State of Georgia General Obligation

Debt Sinking Fund/ New Authority

Lease Rentals

...............__..___.__.......$

1,000,000

Provided, that from the above appropriated amount, $1,000,00 is specifically appropriated for the purpose of financing a new construction program which consists of the acquisition of land (if needed) and the construc tion and equipping of buildings and facilities at various institutions under the control of the State Board of Regents of the University System through the issuance of not to exceed $12,000,000 in principal amount of gen eral obligation debt or through the issuance of not to exceed $12,000,000 in principal amount of bonds by the Georgia Education Authority (University). Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said undertaking, said amount will be appropriated to the 'State of Georgia General Obligation Debt Sinking Fund'. Should said Commission determine that said undertaking be financed through the issuance of bonds by the Georgia Education Authority (University), said amount shall be appropriated to the Board of Regents of the University System and used for the purpose of paying lease rentals.

Provided, that of the above appropriation relating to Operations, the State Board of Regents is authorized to pay $20,000 to the Southern Regional Education Board for 10 Georgia students to attend the Southern College of Optometry.

1068

JOURNAL OF THE SENATE,

Provided, that from appropriated funds in A. and B., the amount of $24,018,196 in F. Y. 1974 is desig nated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Pro vided, none of the funds herein appropriated for con struction shall be available for the purchase of any books whatsoever.

Provided that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the fiscal year to pay the annual lease contract commitments for the acquisition of prop erty as provided for in the provision of the State Con stitution. The Board of Regents shall immediately re port the same to the State Budget authorities for ap proval, whose approval shall be evidenced in writing1 .

Provided, that of the above appropriation relating to Operations, the Department is authorized to make payments to the Teachers' Retirement System to fund a reduction from 15 years to 10 years the minimum period for providing disability and death benefits under Teachers' Retirement.

Capital Outlay - ..... -

...

.$

Changed Object: Capital Outlay ...._............... ._._....... ..............$

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 cost of any employer contribution applicable to such salary to the Teachers' Retirement System.

No funds realized by the State Board of Regents of the University System or any college or university, from the State General Fund, from the Federal Govern ment, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.

Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate; provided, further, that the State appropriation shall not be reduced by addition of

12,735,200 14,235,200

WEDNESDAY, FEBRUARY 13, 1974

the above revenues to the operating budget of the Regents of the University System of Georgia.

Provided, that revenue from student fees which exceeds the budget estimate of student fees by $2,000,000 shall not be available for operations; pro vided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.

Section 33. Department of Revenue.

A. Operations

.. . .................. .._...$

Changed Objects:
Personal Services . Operating Expenses Grants

.... . .. ..

........ . .........$ .... . .. ....._..$ $

B. Loans to Counties--Property

Tax Reevaluation

....

............$

Changed Object:
Loans to Counties for Property Tax Reevaluation

......$

In addition, there is hereby appropriated the amount of such repayment of county tax evaluation loans as may be made by such counties during the fiscal year in such amounts and for the same purpose as originally appropriated but not to exceed $155,000 in F. Y. 1974. Such amount shall be available for further tax evaluation loans to counties.

C. Motor Vehicle Tag Purchases ...

....... $

Changed Object: Motor Vehicle Tag Purchases

. . ..._...$

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $935,250 is designated and committed for use in contracting with Offender Rehabilitation for the production of at least 2,175,000 motor vehicle tags.

Any such contract may provide for partial, ad vance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags

1069
17,565,529 10,704,069 6,456,460
412,000 170,000 325,000
1,123,450 1,123,450

1070

JOURNAL OP THE SENATE,

exceed the amount herein appropriated, provided, the advances made are for services to be rendered within the same fiscal year.

Section 34. Secretary of State.

A. Operations ___________________________.________._.___________._..._,,_____$

Changed Objects:
Personal Services ____ Operating Expenses

B. Authority Lease Rentals

Changed Object: Authority Lease Rentals

Provided, that of the above appropriation relative to Operations, $50,000 is designated and committed for a monument to Richard B. Russell.

Provided, that of the above appropriation, $67,475 is designated and committed for use by the Bicentennial Commission.

Provided, that of the above appropriation relative to Operations, $50,000 is designated and committed for office renovations.

Provided, that of the above appropriation relative to Operations, $131,700 is designated and committed for the purchase of shelving equipment and for the installa tion of a humidity control system for the Archives Building.
Section 35. State Scholarship Commission.
A. Operations ..______--_. _____ ,,_____,,__ ______________________.___$
Changed Objects: Personal Services _____ Operating Expenses
B. Higher Education Assistance CorporationInterest and Fees on Loans __.__.___,,____,,_____
Changed Object: Interest and Fees on Loans

4,799,264 3,069,650 1,774,614
815,000 815,000
400,800
473,500 323,000 239,000 239,000

WEDNESDAY, FEBRUARY 13, 1974

C. Higher Education Assistance Authority-- Direct Loans and Tuition Grants .. . _........._.___.$

Changed Objects:

Direct Loans .......................................... .................$

Tuition Grants

.

$

D. State Scholarship Commission-- Scholarships .. . . ..........._........ ...._......._._......_..._..$

Changed Object: Scholarships ..

- .....................................I

E. Law Enforcement Personnel and Firemen's Dependent Scholarships

............$

Changed Object:
Law Enforcement Personnel-- Dependent Scholarships ............

.........................$

Provided, that of the above appropriated amount relative to scholarships and amount not to exceed $12,000 is designated and committed for the purpose of providing stipends for training recruitment personnel.

Provided, that of the above appropriated amount relative to scholarships $25,000 is designated and committed solely for the purpose of providing scholar ships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law.

Provided, that from the above amount $3,350,000 is appropriated for grants and scholarships to students attending private colleges as provided in Ga. Laws 1971, p. 906.

Section 36. State Treasury Department .. ......._..$

Section 37. Soil and Water Conservation Committee.
Operations .................. ..........._................._._._........,,._.__$

Changed Objects:

Personal Services

.

-.$

Operating Expenses ........_...._.._... .._..._............_._._..$

1071 4,351,000 1,001,000 3,350,000 1,149,000 1,224,000
25,000 25,000
-0458,200 107,200 351,000

1072

JOURNAL OF THE SENATE,

Section 38. Teachers' Retirement System.

Operations -

..................$

Changed Objects:
Personal Services _...._..._.. _________ __________ _____ $ Operating Expenses ______________________________ _________.$ Employer Contribution _________ ______________ ______ $

Section 39. Department of Transportation.

A. Appropriation of all funds in subsections A., B., C. of this Section shall 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 Fiscal Division of the Department of Administrative Services in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services 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 Department of Transportation, including equipment and compensation claims.
For lease rental obligations of the Department of Transportation 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 Department of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically ap propriated 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 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 High way System of roads and bridges, and the costs incident thereto, provided all expenditures for county

2,263,015
375,842 347,600 2,263,015

WEDNESDAY, FEBRUARY 13, 1974

1073

contracts shall be in accordance with and on the basis of average prices as authorized by law. Provided, how ever, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportatation 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 completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget 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 Revenues actually paid into the Fiscal Division of the Department of Administrative Services and constitutionally appropriated to the De partment of Transportation.

Operations (including Capital Outlay) ....... .... $ 186,576,873.81

Construction:
State of Georgia General Obligation Debt Sink ing Fund/Authority Lease Rentals ....... $

29,921,000

For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the 'State of Georgia General Obligation Debt Sink ing Fund' for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically appropriated to the 'State of Georgia General Obligation Debt Sinking' Fund' for the specific purpose of paying annual debt service require ments on new General Obligation debt in an amount not to exceed $60,000,000 in principal amount to finance a new program for the construction or reconstruction of public roads and bridges. Provided, further, that in the event the Georgia State Financing and Investment Commission, for any reason, should decide not to use the General Obligation procedures established by the Constitution to finance said new program for the construction or reconstruction of public roads and bridges, the same excess amount is then designated and specifically appropriated for additional Authority lease rentals to the Georgia Highway Authority to permit the issuance of new Authority bonds to finance

1074

JOURNAL OF THE SENATE,

the construction or reconstruction of public roads and bridges.

B. Grants to Counties. For grants to counties for aid in county road construction and main tenance. Grants shall be distributed and dis bursed by the Fiscal Division of the Departpartment of Administrative Services as pro vided by law _......._............_._._........_................ $

4,817,013.03

C. For grants to counties for aid in county road construction and maintenance ____________.._._.. ..... .__.$

4,500,000

The sum appropriated under C. shall be distributed and disbursed to the various counties of the State by the Fiscal Division of the Department of Administra tive Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Department of Transportation. At the request of the Governor or Office of Planning and Budget or the Director of the Department of Trans portation 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. For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended. $

9,317,000

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 Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, 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.

WEDNESDAY, FEBRUARY 13, 1974

Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.

E. For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety and the provision of air transportation services.

Operations

.. ...

.. .. .

$

Provided, that the Department of Transportation is authorized to retain such portion of its Air Transporta tion service income as is required to maintain and upgrade the quality of its equipment.

Construction--Airport Development

$

Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 25% of an individual airport project when matching both FAA and Local Funds, and 50 f/f of an individual airport project when matching Local Funds only with no Federal Fund par ticipation.

F. For the identification, planning and develop ment of a comprehensive plan for a statewide system of trails.

Operations

................

.... ... . .

$

Construction--Pilot Bikeways Project

$

Provided, that the Department of Transportation will prepare the comprehensive plan for the Department of Natural Resources, and provided further that the Department of Transportation is authorized to utilize Pilot Bikeways funds to finance part of the staged con struction of a pilot bikeway project when matching federal and /or local funds.

Provided, that of the above appropriation relating to operations, $25,000 is designated for planning a state wide system of multi-purpose trails, and $50,000 is designated for a pilot bicycle trail as part of said state
wide system.

G. Harbor Maintenance Payments .. ... ....... ....$

Provided, that the entire amount of the above appropriation for harbor maintenance payments is

1075
925,150 976,000
25,000 50,000
579,000

1076

JOURNAL OF THE SENATE,

designated and committed for payment for harbor maintenance at Savannah.

Changed Objects:

Personal Services ....._........................._..._... ....._..$

Operating Expenses .... ..........................................if

Capital Outlay

.

$

State of Georgia General Obligation Debt

Sinking Fund/Authority Lease Rentals........?

Grants to Counties _........__.._..___.................. ........$

Grants to Municipalities _......._........_......... ...$

86,857,450 48,400,028 329,964,990
31,772,366 9,317,013.03
9,317,000

Section 40. Department of Veterans Service. Operations ................. ............._..._....._._._...__............. $

4,926,050

Changed Objects:

Personal Services _._.._.............. .................._..$

Operating Expenses Regular ..._......_._..... ........_.$

Payments to Central State Hospital

....$

Payments to Medical College of Georgia ........$

Grants to Confederate Widows ............_........_...._.$

Capital Outlay ............. ......__...__.._._._..__..._...._._._._.__._......$

1,746,040 238,050
3,053,572 1,460,000
26,000
1,160,000

Changed Object: Capital Outlay ._............_..._._..._._..__.__..__..._..............$
Section 41. Workmen's Compensation Board. Operations ..................... ..................._..._...._........:._.......$

2,410,000 1,101,500

Changed Objects:
Personal Services ................ ...... ............_...$ Operating Expenses ......................_......_......_._.........$

900,500 201,000".

Section 2. Said Act is further amended by striking from the last line of Section 48, relating to total appropriations, the figure "$1,664,168,762", and inserting in lieu thereof the figure "$1,675,135,460.81."
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 Section 1 of the substitute, the ayes were 45, nays 0, and Section 1 was adopted.

WEDNESDAY, FEBRUARY 13, 1974

1077

On the adoption of Section 2 of the substitute, the ayes were 52, nays 0, and Section 2 was adopted.

On the adoption of Section 3 of the substitute, the ayes were 46, nays 0, and Section 3 was adopted.

On the adoption of Section 4 of the substitute, the ayes were 51, nays 0, and Section 4 was adopted.

On the adoption of Section 5 of the substitute, the ayes were 47, nays 0, and Section 5 was adopted.

On the adoption of Section 6 of the substitute, the ayes were 50, nays 0, and Section 6 was adopted.

On the adoption of Section 7 of the substitute, the ayes were 43, nays 0, and Section 7 was adopted.

On the adoption of Section 8 of the substitute, the ayes were 49, nays 0, and Section 8 was adopted.
On the adoption of Section 9 of the substitute, the ayes were 45, nays 0, and Section 9 was adopted.
On the adoption of Section 10 of the substitute, the ayes were 51, nays 0, and Section 10 was adopted.
On the adoption of Section 11 of the substitute, the ayes were 41, nays 0, and Section 11 was adopted.
On the adoption of Section 12 of the substitute, the ayes were 49, nays 0, and Section 12 was adopted.
On the adoption of Section 13 of the substitute, the ayes were 44, nays 0, and Section 13 was adopted.
On the adoption of Section 14 of the substitute, the ayes were 47, nays 0, and Section 14 was adopted.

1078

JOURNAL OP THE SENATE,

On the adoption of Section 15 of the substitute, the ayes were 52, nays 0, and Section 15 was adopted.

On the adoption of Section 1(5 of the substitute, the ayes were 41, nays 0, and Section Ifi was adopted.

On the adoption of Section 17 of the substitute, the ayes were 46, nays 0, and Section 17 was adopted.

On the adoption of Section 18 of the substitute, the ayes were 46, nays 0, and Section 18 was adopted.

On the adoption of Section 19 of the substitute, the ayes were 50, nays 0, and Section 19 was adopted.

On the adoption of Section 20 of the substitute, the ayes were 48, nays 0, and Section 20 was adopted.

On the adoption of Section 21 of the substitute, the ayes were 47, nays 0, and Section 21 was adopted.

Senator Holloway of the 12th offered the following amendment: Amend Section 22 of the committee substitute to HB 1376 by striking on Page 18, line 20, the following:
"$45,542,613" and inserting in lieu thereof the following: "$45,892,613"
and by striking on Page 18, line 21 the following:
"$107,214,457" and inserting in lieu thereof the following: "$106,864,457".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

WEDNESDAY, FEBRUARY 11 1971

Those voting in the affirmative were Senators:

Barker Carter Cleland Coverdell Doss Duncan Eldridge

Garrard Hamilton Herndon Holloway Howard Jackson T.angfoi'd

Parker Rowan Smalley Smith Tvsinger Ward Warren

Those voting1 in the negative were Senators:

Ballard Brown, 47th Coggin Cox Dean Gillis Henderson Hill Holley Hudgins

Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Reynolds

Riley Salter Skene Starr Stephens Thompson Wasden Young Xipperer

Those not voting were Senators:

Bell Broun of 46th

Fincher Summers

Sutton Webb

On the adoption of the amendment, the ayes were 21, nays 29, and the amendment was lost.

On the adoption of Section 22 of the substitute, the ayes were 50, nays 0, and Section 22 was adopted.

On the adoption of Section 23 of the substitute, the ayes were 41, nays 0, and Section 23 was adopted.

On the adoption of Section 24 of the substitute, the ayes were 48, nays 0, and Section 24 was adopted.
On the adoption of Section 25 of the substitute, the ayes were 44, nays 0, and Section 25 was adopted.
On the adoption of Section 2G of the substitute, the ayes were 47, nays 0, and Section 26 was adopted.

1080

JOURNAL OF THE SENATE,

On the adoption of Section 27 of the substitute, the ayes were 49, nays 0, and Section 27 was adopted.

On the adoption of Section 28 of the substitute, the ayes were 41, nays 0, and Section 28 was adopted.

On the adoption of Section 29 of the substitute, the ayes were 51, nays 0, and Section 29 was adopted.

On the adoption of Section 30 of the substitute, the ayes were 50, nays 0, and Section 30 was adopted.

On the adoption of Section 31 of the substitute, the ayes were 48, nays 0, and Section 31 was adopted.

On the adoption of Section 32 of the substitute, the ayes were 52, nays 0, and Section 32 was adopted.

On the adoption of Section 33 of the substitute, the ayes were 43, nays 0, and Section 33 was adopted.
On the adoption of Section 34 of the substitute, the ayes were 49, nays 0, and Section 34 was adopted.
On the adoption of Section 35 of the substitute, the ayes were 45, nays 0, 0, and Section 35 was adopted.
On the adoption of Section 36 of the substitute, the ayes were 50, nays 0, and Section 36 was adopted.
On the adoption of Section 37 of the substitute, the ayes were 48, nays 0, and Section 37 was adopted.
On the adoption of Section 38 of the substitute, the ayes were 52, nays 0, and Section 38 was adopted.
On the adoption of Section 39 of the substitute, the ayes were 47, nays 0, and Section 39 was adopted.

WEDNESDAY, FEBRUARY 13, 1974

1081

On the adoption of Section 40 of the substitute, the ayes were 46, nays 0, and Section 40 was adopted.

On the adoption of Section 41 of the substitute, the ayes were 45, nays 0, and Section 41 was adopted.

On the adoption of the committee substitute, the President ordered a roll call, and the vote was as follows:

Those voting- in the affirmative were Senators

Barker Brown of 47th Cleland Coggin Coverdell Cox Dean Doss Duncan Gillis Hamilton Henderson Hill

Holley Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill
Moore Overby

Parker Reynolds Riley S alter Skene
Starr Stephens
Thompson Ward
Wasden
Young Zipperer

Those voting in the negative were Senators:

Carter Eldridge Garrard Herndon

Holloway Howard Rowan Smalley

Sutton Tysinger Warren

Those not voting were Senators:

Ballard Bell Broun of 46th

Fincher Smith

Summers Webb

On the adoption of the substitute, the ayes were 38, nays 11, and the committee substitute was adopted.

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

1082

JOURNAL OP THE SENATE,

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Fincher Gillis Hamilton

Henderson Hill Howard Hudgins Jackson Johnson
Kennedv Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Salter Skene Smith StartStephens Thompson Ward Warren Wasden Young Zipperer

Those voting in the negative were Senators:

Eldridge Garrard Herndon

Holloway Rowan Smallev

Sutton Tysinger

Those not voting were Senators:

Bell Holley

Summers

Webb

On the passage of the bill, the ayes were 44, nays 8.

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

Senator Holley of the 22nd moved that HB 1376 be immediately trans mitted to the House.

On the motion, the ayes were 27, nays 6; the motion prevailed.

Senator Holloway of the 12th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1376.

WEDNESDAY, FEBRUARY 13, 1974

1083

Senator Rowan of the 8th moved that the Senate reconsider its action in voting to immediately transmit HB 1376 to the House.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Carter Cleland Coverdell Eldridge

Garrard Hamilton Herndon Holloway Jackson

Langford Rowan Smalley Sutton Warren

Those voting in the negative were Senators:

Ballard Bell Broun of 46th Brown of 47th Coggin Cox Dean Doss Fincher Gillis Henderson Hill Holley

Howard Hudgins Johnson Kennedv Kidd Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Salter Skene Smith StartStephens Thompson Tysinger Ward Wasden Young Zipperer

Those not voting were Senators:

Duncan

Summers

Webb

On the motion, the ayes were 15, nays 38; the motion was lost, and the immediate transmit motion was not reconsidered.

HB 1376 was immediately transmitted to the House.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has rejected the report of the Committee of Conference and

1084

JOURNAL OP THE SENATE,

has appointed a Committee of Conference No. 2 on the following bill of the House, to-wit:

HB 78. By Messrs. Coney of the 89th, Levitas of the 50th and Greer of the 43rd:
A bill to provide for no-fault motor vehicle insurance; to provide an effective date.

The Speaker has appointed as a Committee of Conference No. 2 on the part of the House the following: members thereof:

Messrs. McCracken of the 77th, Greer of the 43rd and Dixon of the 12th.

The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Jimmy Carter, in a communication to the Senate on February 4 which is included in the Journal of February 4.

Senator Holley of the 22nd asked unanimous consent that the reading of the 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 appoint ments unless any Senator designated any appointee be deleted from the list and voted on individually.

The consent was granted.

The Committe on the University System of Georgia submitted the following reports:
THE STATE SENATE Atlanta, Georgia
February 13, 1974
Honorable Hamilton McWhorter, Jr. Secretary of Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The University System of Georgia Committee met on February 12, 1974, to consider the Governor's appointees to the Board of Regents.

WEDNESDAY, FEBRUARY 13, 1974

1085

The Senate University System Committee voted unanimously to recom mend the confirmation of Mr. Milton Jones of Muscogee County as a member of the Board of Regents for a term beginning December 21, 1973, and ending January 1, 1981.
Sincerely yours,
/s/ Ed Zipperer Edward H. Zipperer Chairman University System of Georgia

THE STATE SENATE Atlanta, Georgia

February 13, 1974

Honorable Hamilton McWhorter, Jr. Secretary of Senate State Capitol Atlanta, Georgia 30334

Dear Mr. McWhorter:

The University System of Georgia Committee met on February 12, 1974, to consider the Governor's appointees to the Board of Regents. The Senate University System Committee voted unanimously to recommend the confirmation of Mr. Jesse Hill, Jr. of Fulton County as a member of the Board of Regents for a term beginning January 16, 1974, and ending January 1, 1978.
Sincerely yours,
/s/ Ed Zipperer Edward H. Zipperer Chairman University System of Georgia

The Committee on Elementary and Secondary Education submitted the fol lowing report:
THE STATE SENATE Atlanta, Georgia
February 7, 1974
Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Senate Committee on Elementary & Secondary Education met

1086

JOURNAL OF THE SENATE,

on Thursday, February 7, and voted unanimously DO CONFIRM on the following appointments to the State Board of Education:

Honorable Roy A. Hendricks of Candler County Honorable W. Asbury Stembridge of Bibb County.

Respectfully submitted,
/s/ Terrell Starr Terrell A. Starr, Chairman

Senator Dean of the 6th requested that the confirmation of Mr. James A. Bishop to the Board of Regents of the University System be deleted from the roll call of all appointments.
Senator Dean of the 6th requested that the confirmation of Dr. R. A. Pumpelly to the State Board of Medical Examiners be deleted from the roll call of all appointments.

Senator Dean of the 6th requested that the confirmation of Mr. James C. Durden to the State Board of Funeral Service be deleted from the roll call of all appointments.

The President stated that one roll call would be taken on all appointments listed in the hereinabove mentioned communication from His Excellency, Gov ernor Jimmy Carter, except the three deletions above.

The President ordered a roll call on all appointments not objected to, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland
Coverdell Cox Dean
Doss Duncan
Eldridge

Fincher Garrard Gillis Hamilton Henderson Herndon Hill
Holley Holloway Howard
Hudgins Jackson
Johnson

Kennedy Kidd Langford Lester London McDuffie McGill
Moore Parker Reynolds
Riley Salter
Skene

WEDNESDAY, FEBRUARY 18, 1974

1087

Smalley Starr Stephens

Thompson Tysinger Ward

Warren Wasden Zipperer

Those not voting- were Senators:

Coggin Overby Rowan

Smith Summers Button

Webb Young-

On the confirmation of the appointees, the ayes were 48, nays 0, and all of the appointments were confirmed.
Senator Smith of the 34th filed the following- statement with the Secretary:
"I supported all appointments of the Governor not objected to by a Senator. When the vote was taken on the governor's appointments, I was unaware that a vote had been called for until it appeared on the board.
There was so much noise and confusion I did not hear the call for a vote until it was over.
Therefore, I ask that the Journal show that I intended to vote "Yes" on all appointments not objected to."

Senator Sutton of the 9th filed the following- statement with the Secretary:
"I supported the Holloway amendment to HB 1376 and planned to vote "aye" on all of the appointments of the Governor not objected to by a Senator; however I was ill and away from the Senate at the office of a doctor at the time of these votes."
The Committee on the University System submitted the following report:
THE STATE SENATE Atlanta, Georgia
February 13, 1974
Honorable Hamilton McWhorter, Jr. Secretary of Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The University System of Georgia Committee met on February 12,

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JOURNAL OF THE SENATE,

1974, to consider the Governor's appointees to the Board of Regents. The Senate University System Committee voted eight to two to uphold Sena torial Courtesy not to endorse candidate, Mr. James A. Bishop, to the Board of Regents.

Sincerely yours,
/s/ Edward H. Zipperer Chairman University System of Georgia

On the confirmation of James A. Bishop to the Board of Regents of the Uni versity System, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Carter Cleland Eldridge Garrard

Henderson Herndon Holloway Howard Langford

Rowan Smalley Sutton Ward Zipperer

Those voting in the negative were Senators:

Bell Brown of 47th Coggin Coverdell Cox Dean Doss Duncan Fincher Gillis Hamilton Hill Holley

Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Salter Skene Smith Starr Stephens Thompson Tysinger Warren Wasden Young

Those not voting were Senators:

Ballard Barker

Summers

Webb

On the confirmation of James A. Bishop, the ayes were 15, nays 37, and the confirmation of James A. Bishop to the Board of Regents of the University System was rejected.

WEDNESDAY, FEBRUARY 13, 1974

1088

The Committee on Health and Welfare submitted the following report:

THE STATE SENATE Atlanta, Georgia

February 13, 1974

The Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334

Dear Hamilton:

The Senate Health and Welfare Committee held a meeting at 12:30 p.m. February 11, 1974 and unanimously voted to recommend that the appointment of Dr. R. A. Pumpelly to the State Board of Medical Exam iners be rejected.

Sincerely yours, /s/ W. W. (Bill) Fincher

On the appointment of Dr. R. A. Pumpelly to the State Board of Medical Ex aminers, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Carter
Eldridge

Holloway Rowan

Smalley Sutton

Those voting in the negative were Senators:

Ballard Barker Bell Brown of 47th Cleland Coggin Coverdell Cox Dean Doss Duncan Fincher Garrard Gillis Hamilton Herndon

Hill Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Salter Skene Smith Starr Stephens Thompson Tysinger Ward Warren Wasden Young Zipperer

1090

JOURNAL OP THE SENATE,

Those not voting were Senators:

Henderson

Summers

Webb

On the appointment of Dr. R. A. Pumpelly, the ayes were 7, nays 46, and the confirmation of Dr. R. A. Pumpelly to the State Board of Medical Examiners was rejected.

The Committee on Health and Welfare submitted the following report:
THE STATE SENATE Atlanta, Georgia
February 13, 1974
The Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Hamilton:
The Senate Health and Welfare Committee held a meeting at 12:30 p.m. February 11, 1974 and unanimously voted to recommend that the appointment of Mr. James C. Durden to the State Board of Funeral Service be rejected.
Sincerely yours, /s/ W. W. (Bill) Fincher

On the confirmation of James C. Durden to the State Board of Funeral Service, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Carter Eldridge

Holloway Rowan

Smalley Sutton

Those voting in the negative were Senators:

Ballard Bell Brown of 47th Cleland Coggin

Coverdell Cox Dean Doss Duncan

Fincher Garrard Gillis Hamilton Herndon

WEDNESDAY, FEBRUARY 13, 1974

1091

Hill Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester

London McDuffie McGill Moore Overby Parker Reynolds Riley Salter Skene

Smith Starr Stephens Thompson Tysinger Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Barker Henderson

Summers

Webb

On the appointment of James C. Durden, the ayes were 7, nays 45, and the confirmation of James C. Durden to the State Board of Funeral Service was re jected.

Senator Dean of the 6th moved that the three unconfirmed appointments be immediately transmitted to the office of the Governor; the motion prevailed, and the three unconfirmed appointments were immediately transmitted to the Governor.
The following bill of the Senate, read the third time on February 7 and tabled, removed from the table February 12 and placed on the Senate Calendar, was put upon its passage:
SB 589. By Senator Duncan of the 30th: A bill to amend Code Title 57, relating to interest and usury, as amended, so as to change the maximum rate of interest on certain loans; to change the maximum rate of interest on real estate loans; to provide an effec tive date.
Senator Duncan of the 30th offered the following substitute:
A BILL
To be entitled an Act to amend Code Title 57, relating to interest and usury, as amended, so as to change the maximum rate of interest on cer tain loans; 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. Code Title 57, relating to interest and usury, as amended, is hereby amended by striking Code Section 57-101 in its entirety and in serting in lieu thereof a new Code Section 57-101, to read as follows:

"57-101. Legal rate of interest; rate higher than nine per centum forbidden.--The legal rate of interest shall be seven percentum per annum, where the rate per centum is not named in the contract, and any higher rate must be specified in writing, but in no event shall any person, company, or corporation reserve, charge, or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest, greater than nine per centum per annum, either directly or indirectly by way of commission for advances, discount, exchange, or by any contract or contrivance or device whatever."

Section 2. The provisions of this Act shall apply to all loan transac tions and renewals and extensions of prior loan transactions entered into on and after the effective date of this Act.

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 38, 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Carter Coggin Duncan Fincher Gillis Henderson Holley Holloway

Hudgins Jackson Kennedy Kidd Langford Lester McGill Riley Rowan

Skene Smith Starr Thompson Tysinger Warren Wasden Young Zipperer

WEDNESDAY, FEBRUARY 13, 1974

1093

Those voting in the negative were Senators:

Ballard Broun of 46th Brown of 47th Cleland Coverdell Cox Doss Eldridge

Garrard Hamilton Herndon Howard Johnson London McDuffie

Overby Reynolds Salter Smalley Stephens Sutton Ward

Those not voting were Senators:

Dean Hill

Moore Parker

Summers Webb

On the passage of the bill, the ayes were 28, nays 22.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Duncan of the 30th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 589.

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

SB 665. By Senator Starr of the 44th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", approved Jan. 24, 1964 (Ga. Laws 1964, p. 3) as amended, so as to change the provisions relative to county and regional public libraries; to provide for distribution of funds directly to such county and regional public libraries, to provide for all matters relative to the foregoing.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th

Carter Coverdell Cox Dean Doss

Eldridge Garrard Gillis Hamilton Henderson

1094
Herndon Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester

JOURNAL OF THE SENATE,

London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan S alter

Smalley Smith Starr Stephens Sutton Thompson Warren Wasden Young Zipperer

Voting in the negative was Senator Tysinger

Those not voting were Senators:

Cleland Coggin Duncan Fincher

Hill Holloway Skene

Summers Ward Webb

On the passage of the bill, the ayes were 45, nays 1.

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

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

HB 78. By Messrs. Coney of the 89th, Levitas of the 50th and Greer of the 43rd:
A bill to provide for no-fault motor vehicle insurance; to provide an ef fective date.

Senator Broun of the 46th moved that a Second Conference Committee be ap pointed on the part of the Senate.

On the motion, the ayes were 41, nays 0; the motion prevailed, and the Presi dent appointed the following as a Second Conference Committee on the part of the Senate:
Senators Skene of the 27th, Thompson of the 32nd and Broun of the 46th.

The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

WEDNESDAY, FEBRUARY 13, 1974

1095

SR 341. By Senator Hudgins of the 15th: A resolution creating the Tourism Study Committee.

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

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell
Broun of 46th Brown of 47th Carter Coggin Coverdell Dean Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Holley Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren
Wasden Young Zipperer

Voting in the negative were Senators Doss and Langford.

Those not voting were Senators:

Cleland Cox Hill

Holloway Skene

Summers Webb

On the adoption of the resolution, the ayes were 47, nays 2.

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

SR 354. By Senator Hudgins of the 15th: A resolution authorizing and directing the State Department of Trans-

1096

JOURNAL OF THE SENATE,

portation to continue design and actual work studies on the West Georgia Tollway.

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Coggin Cox Dean Doss Eldridge Gillis Hamilton Henderson Herndon

Holley Howard Hudgins Jackson Johnson Kennedy Kidd
Langford Lester London McDuffie McGill Moore Riley

Voting in the negative was Senator Coverdell.

Those not voting were Senators:

Barker Cleland Duncan Pincher Garrard

Hill Holloway Overby Parker Reynolds

Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Warren Wasden Young Zipperer
Rowan Summers Ward Webb

On the adoption of the resolution, the ayes were 41, nays 1.

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

The following local, uncontested resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their adoption:

WEDNESDAY, FEBRUARY 13, 1974

1097

SR 336. By Senator McDuffie of the 19th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that any proceedings relative to the removal of the 20 mill limitation on school taxation in Telfair County previously taken under the provisions of Article VIII, Section XII, Paragraph II of the Constitution are hereby rescinded, and the provisions of Article VIII, Section XII, Paragraph I shall control; to provide that the 20 mill limitation may be increased or removed, however, at any time after January 1, 1975, upon compliance with provisions of Article VIII, Section XII, Paragraph II; 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 VIII, Section XII of the Constitution is hereby amended by adding at the end of Paragraph I thereof the following:

"Any proceedings relative to the removal of the 20 mill limita tion on school taxation in Telfair County previously taken under the provisions of Paragraph II of this Section are hereby rescinded, and the provisions of this Paragraph shall control. The 20 mill limita tion may be increased or removed, however, at any time after JIaI.n"uary 1, 1975, upon compliance with the provisions of Paragraph

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 writ ten or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that there shall be a 20 mill limitation on the annual school
( ) NO tax levy for the support and maintenance of educa tion in Telfair County and to provide a procedure for the removal of such limitation?"
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 reso lution, was agreed to.

1098

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Ballard Barker Bell
Brown of 47th Carter
gin Coverdell Cox Dean Doss Eldridge Garrard Gillis Hamilton Henderson Herndon

Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Broun of 46th Cleland Duncan

Fincher Hill Holloway

Parker Summers Webb

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 465. By Messrs. Lewis and McCracken of the 77th and Phillips of the 73rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to permit the gov erning authority of McDuffie County to levy and collect an ad valorem tax to be paid to the Development Authority of McDuffie County; to pro vide for discontinuance of said levy; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

WEDNESDAY, FEBRUARY 13, 1974

1099

"The governing authority of McDuffie County is hereby autho rized to levy and collect an annual ad valorem tax not to exceed one (1) mill for developing and promoting industry and agriculture and to reduce unemployment in McDuffie County, and is hereby directed to pay the Development Authority of McDuffie County, as public body corporate and politic created under the provisions of law, all funds deriving from such levy to be used for the purposes provided herein. If at any time, in the judgment of the governing authority of McDuffie County, the one (1) mill ad valorem levy as herein pro vided shall no longer be needed to effectuate the purposes of this amendment, said governing authority may discontinue the one (1) mill ad valorem tax levy without further legislative enactment.

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 writ ten or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to permit McDuffie County to levy an ad valorem tax of one
( ) NO (1) mill to be paid to the Development Authority of McDuffie 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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coggin Coverdell Cox

Dean Doss Eldridge Garrard Gillis Hamilton Henderson Herndon

Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford

1100
Lester London McDuffie McGill Moore Overby Reynolds Riley

JOURNAL OF THE SENATE,

Rowan Salter Skene Smalley Smith Starr Stephens Sutton

Thompson Tysinger Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Broun of 46th Cleland Duncan

Pincher Hill Holloway

Parker Summers Webb

On the adoption of the resolution, the ayes were 47, nays 0.

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

HR 568. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th:
A RESOLUTION
Proposing an amendment to the constitution so as to authorize the governing authority of Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph 1 of the Constitution is hereby amended by adding at the end thereof, the following:
"The governing authority of Dougherty County, in order to pro vide for the public welfare, health and security of the people of Dougherty County, shall have the right to regulate and exercise police powers over the collection of garbage in all areas of Dougherty County outside the incorporated limits of municipalities and shall have the right to issue exclusive franchises for the collection of garbage in any areas of Dougherty County outside the incorporated limits of municipalities; and in assessing the fees or charges for such franchises; to prescribe the fees to be charged by any and all parties franchised by the governing authority and to provide for the payment of such fees, including the right of the governing authority to make collections for the holders of such franchises; and to make

WEDNESDAY, FEBRUARY 13, 1974

1101

such necessary rules and regulations pertaining to the collection of garbage as may be necessary to effectuate the powers herein granted."

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 Dougherty County to issue franchises for the collec-
( ) NO tion of garbage in unincorporated areas of Dougherty County?"

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Garrard Gillis Hamilton Henderson Herndon

Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Young Zipperer

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Those not voting were Senators:

Broun of 46th Cleland Duncan

Pincher Hill Holloway

Parker Summers Webb

On the adoption of the resolution, the ayes were 47, nays 0.

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

HR 569. By Messrs. Odom, Hutchinson, Hatcher and Busbee of the 114th:
A RESOLUTION
Proposing an amendment to the Constitution so as to abolish the office of Tax Commissioner of the County of Dougherty; and to delegate to the Governing Authority of the County of Dougherty the authority to merge and consolidate by Resolution and without an enabling Act of the General Assembly of Georgia, the Board of Tax Assessors and the de partments, officers, and functions of the County of Dougherty relating to the return and assessment of property for taxation, notice of property assessment, hearings, appeals, arbitration and review of assessments, liens, priority of liens, and enforcement and collection of ad valorem taxes levied by the County of Dougherty and State of Georgia, and other matters relating to or incident to the same; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution of Georgia is hereby amended by adding at the end thereof, the following:
"Notwithstanding any provision of law or of this Constitution to the contrary, the office of Tax Commissioner of Dougherty County is hereby abolished upon the expiration of the term of the present Tax Commissioner of Dougherty County, December 31, 1976, or upon a vacancy occurring in the office of Tax Commissioner of Dougherty County, whichever shall occur first, and the governing authority of the County of Dougherty may, by resolution and without an enabling act of the General Assembly of Georgia, merge, consoli date and combine the Boards of Tax Assessors, departments, offices, officers, and functions of the County of Dougherty relating to the return and assessment of property for taxation, notice of property assessment, hearings, appeals, arbitration, reviews of property as sessment, and the enforcement and collection of taxes; may provide in said resolution for liens, priority of liens, and for the enforce ment and collection of ad valorem taxes levied by the County of Dougherty and State of Georgia, and any and all other matters re-

WEDNESDAY, FEBRUARY 13, 1974

1103

lating to or incident to the same; may specify and provide for the time, method and matter of performing any and all such matters and functions, including, without limitation of the foregoing generally, the retention, release or combination of the present offices and officers, positions and employees, the election or selection of officers and employees to perform such consolidated and combined tax func tions, the compensation and tenure of office and employment of such officers and employees, and may provide for all other related or incidental matters. Provided, that there shall be vested in and conferred upon such combined Board of Tax Assessors, departments, offices and officers, such authority as may be conferred upon Board of Tax Assessors under existing laws or those hereinafter enacted. Provided, further, that, except as provided hereafter, upon resolution of the governing authority of the County of Dougherty, combining
the tax functions of offices, boards and officers now existing under any an all acts relating to the County of Dougherty or to Boards of Tax Assessors of counties generally, such Board of Tax Assessors and tax departments, offices and officers shall be abolished and of no force and effect within the County of Dougherty, and all functions heretofore performed by the Board of Tax Assessors and tax depart ments, offices, officers and employees of the County of Dougherty, shall be performed by said tax boards, departments and officers, all as provided in said resolution. Provided, further, that upon the ef fective date of the abolishment of the Office of Tax Commissioner of the County of Dougherty, the duties, responsibilities and authority of the Tax Commissioner shall be vested in such official or officials or board as shall be designated in the resolution of the governing authority of the County of Dougherty. Provided, further, that in the performance of any and all of the matters herein authorized, due process of law shall be afforded, and the rights of persons to home stead exemption as now or hereafter provided by law, as related to ad valorem taxation due to the State of Georgia and the County of Dougherty shall not be affected hereby.

Provided, further, that the powers herein delegated may be exercised from time to time. Provided, further, that nothing herein contained shall be construed to authorize any change in the ad valorem millage limitation provided by the Constitution of the State of Georgia or by any legislative act."

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 en tered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of
1945, as amended.

The ballot submitting the above proposed amendment shall have writ ten or printed thereon the following:
"{ ) YES Shall the Constitution be amended so as to abolish the office of Tax Commissioner of the County of
( ) NO Dougherty and to delegate to the governing authority of the County of Dougherty authority to merge, by

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resolution, and without an enabling act of the General Assembly of Georgia, the Board of Tax Assessors, and the Departments, offices, officers and functions of the County of Dougherty relating to the return and assessment of property for taxation, notice of proper ty assessment, hearings, appeals, arbitration and re views of property assessments, liens, priority of liens, and enforcement and collection of ad valorem taxes levied by the County of Dougherty and State of Georgia, and other matters relating to or incident to the 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 returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Garrard GiHis Hamilton Henderson Herndon

Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Young Zipperer

WEDNESDAY, FEBRUARY 13, 1974

1105

Those not voting were Senators:

Broun of 46th Cleland Duncan

Pincher Hill Hollowav

Parker Summers Webb

On the adoption of the resolution, the ayes were 47, nays 0.

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

HR 498. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the City of Forest Park who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall he granted a homestead exemption of $4,000 from all ad valorem taxation by said city; to provide that federal oldage, survivor or disability benefits shall not be counted in the compu tation of income for either the resident and owner of the homestead or his spouse; 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:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of the City of Forest Park who is 65 years of age or over is hereby granted an exemption of $4,000 from all ad valorem taxes levied by the City of Forest Park on the home stead owned and occupied by him as a resident, as provided herein. To qualify for the homestead exemption, the resident and owner of the homestead must not have an income from all sources, including the income of his spouse who also occupies and resides at such home stead, exceeding $4,000 per annum. Federal old-age, survivor or dis ability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse. Any such resident shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the governing authority or a person designated by the governing authority of the City of Forest Park, giving his age and the amount of income which he and his spouse received during the preceding year, and such additional information relative to receiving the bene fits of such homestetad exemption as will enable the governing

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authority or a person designated by the governing authority of the City of Forest Park, to make a determination as to whether such resident and owner is entitled to such exemption. The governing authority or a person designated by the governing authority of the City of Forest Park shall supply affidavit forms for this purpose. If such resident and owner is qualified to receive the old-age home stead exemption of $4,000 from Clayton County ad valorem taxes, proof of such exemption shall qualify such resident and owner of the City of Forest Park for the homestead exemption of $4,000 provided for herein. No homestead shall be subject to more than one exemption, and the value of the homestead in excess of the exemption authorized herein shall remain subject to ad valorem taxation by the City of Forest Park. The exemptions provided for herein shall apply to all taxable years beginning after December 31, 1974."

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 each resident of the City of Forest Park who is
( ) NO 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $4,000 from all ad valorem taxation by said city and to provide that federal oldage, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse?"

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 by the President, and the vote was as follows:

WEDNESDAY, FEBRUARY 13, 1974

1107

Those voting in the affirmative were Senators:

Ballard Barker Bell
Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Garrard Gillis Hamilton Henderson Herndon

Holley Howard Hudgins Jackson Johnson Kennedv Kidd Langford Lester London McDuffie McGill Moore Overby Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Broun of 46th Cleland Duncan

Fincher Hill Hollowav

Parker Summers Webb

On the adoption of the resolution, the ayes were 47, nays 0.

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

HR 596. By Messrs. Triplett of the lllth, Jones of the 109th, Chance of the 112th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the General Hospital Authority of West Chatham County to be activated by the adoption of a resolution by the governing authority of Chatham County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV of the Constitution is hereby amended by adding at the end thereof the following paragraphs:
"There is hereby created a public body corporate and politic to be known as the General Hospital Authority of West Chatham

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County, hereinafter referred to as the Authority, which shall consist of a board of seven members who shall be citizens of Chatham County residing within the West Chatham County General Hospital District, as hereinafter defined, selected by the governing authority of Chatham County. The members of the board shall serve at the pleasure of the governing authority of Chatham County. The mem bers of the board shall elect a chairman and such other officers from its own membership as the board deems necessary or desirable.

There is hereby created the West Chatham County General Hos pital District, hereinafter referred to as the District, which shall consist of the western portion of Chatham County embraced within the following described area; beginning at a point where the northern right-of-way of Interstate Highway 16 intersects the Chatham-Effingham Counties boundary line; thence northeasterly and easterly along said Chatham-Effingham Counties boundary line to the western bank of the Savannah River; thence southerly along the western bank of the Savannah River to a point where the east erly extension of Lathrop Avenue would intersect the western bank of the Savannah River; thence westerly along said extension of Lathrop Avenue and the centerline of Lathrop Avenue to the point where the centerline of Lathrop Avenue intersects the southern right-of-way of Lyons Parkway; thence southwesterly along the southern right-of-way of Lyons Parkway to a point where the southern right-of-way of Lyons Parkway intersects the northern right-of-way of Interstate Highway 16; thence westerly along the northern right-of-way of Interstate 16 to the point of beginning where the northern right-of-way of Interstate Highway 16 intersects the Chatham-Effingham Counties boundary line.

The Authority is created for the purpose of constructing a gen eral hospital to be located within the District and for the purpose of maintaining and operating said general hospital. In order to car ry out such purposes, the Authority shall be a hospital authority within the meaning of Georgia Code Chapter 88-18, relative to hos pital authorities, as now or hereafter amended, and shall have all the powers and duties of a hospital authority under the provisions of said Code Chapter, except that the area of operation of the Authority shall be the District, as herein defined, and the projects of the Authority shall be limited to the construction, maintenance and operation of a general hospital within said District. The gov erning authority of Chatham County shall be authorized to contract with the Authority pursuant to said Code Chapter 88-12 and to levy a tax in connection therewith only upon the taxable property located within the District. The governing authority of Chatham County shall be further authorized to issue general obligation bonds and to provide the Authority with the proceeds from the sale of such bonds as provided by said Code Chapter 88-12, but such general obligation bonds shall be retired from the proceeds of a tax levied for such purpose only on the taxable property located within the District.

The General Hospital Authority of West Chatham County cre ated herein shall be activated only by the adoption of a resolution by the governing authority of Chatham County declaring a need for

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1109

said Hospital Authority and implementing the provisions of this amendment to the Constitution."

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 create the General Hospital Authority of West Chatham County
( ) NO to be activated by the adoption of a resolution by the governing authority of Chatham County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coggin Coverdell Cox Dean Doss
Eldridge Garrard Gillis Hamilton Henderson Herndon

Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London
McDuffie McGill Moore Overby Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger
Ward Warren Wasden Young Zipperer

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Those not voting were Senators:

Broun of 46th Cleland Duncan

Fincher Hill Holloway

Parker Summers Webb

On the adoption of the resolution, the ayes were 47, nays 0.

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

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 1844. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize Alcoholic Beverages and Liquors", so as to provide for the authorization of distribution or sale of distilled spirits in limited container sizes by certain common carriers; to provide for the payment of taxes by such carriers in connection with such distributions or sales.

HB 1845. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize Alcoholic Beverages and Liquors", so as to provide for licenses which may be issued under the authority of such Act; to provide the fees for such licenses.

HB 1846. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize Alcoholic Beverages and Liquors", so as to provide detailed procedures for the issuance and renewal of licenses required by said Act and for the investigation of all applicants for such licenses.

HB 1847. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize Alco holic Beverages and Liquors", so as to provide a limitation upon the

WEDNESDAY, FEBRUARY 13, 1974

1111

quantity of distilled spirits which may lawfully be sold by a retail licensee; to provide exceptions to such limitation and procedures con nected therewith.

The following1 bills of the House were read the first time and referred to committee:

HB 1844. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide for the authorization of distribution or sale of distilled spirits in limited con tainer sizes by certain common carriers; to provide for the payment of taxes by such carriers in connection with such distributions or sales.
Referred to Committee on Temperance.

HB 1845. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide for licenses which may be issued under the authority of such Act; to provide the fees for such licenses.
Referred to Committee on Temperance.

HB 1846. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide detailed procedures for the issuance and renewal of licenses required by said Act and for the investigation of all applicants for such licenses.
Referred to Committee on Temperance.

HB 1847. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide a limitation upon the quantity of distilled spirits which may lawfully be sold by a retail licensee; to provide exceptions to such limitation and procedures connected therewith.
Referred to Committee on Temperance.

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.

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Senate Chamber, Atlanta, Georgia Thursday, February 14, 1974

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.

Senator Duncan of the 30th moved that the Senate reconsider its action of February 13 in defeating the following bill of the Senate:

SB 589. By Senator Duncan of the 30th:
A bill to amend Code Title 57, relating to interest and usury, as amended, so as to change the maximum rate of interest on certain loans; to change the maximum rate of interest on real estate loans; to provide an effective date.

On the motion, the ayes were 29, nays 1; the motion prevailed, and SB 589 was placed on the Senate Calendar.

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

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 1386. By Messrs. McKinney of the 35th and Brown of the 34th:
A bill to amend an Act providing that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities who have served 25 years, so as to authorize present offi cers and employees to claim for service pension rights credit certain time served as a member of the Armed Forces.

THURSDAY, FEBRUARY 14, 1974

1113

HB 1503. By Mr. Adams of the 36th:
A bill to amend Code Chapter 59-1, pertaining to jurors, so as to provide that in certain counties, the governing authority in such counties shall prescribe the compensation to be paid jurors and bailiffs.

HB 1678. By Mr. Irvin of the 23rd:
A bill to amend an Act creating a new charter for the City of Alpharetta, so as to increase the maximum fines and jail sentences that can be levied by the recorder of said city.

HB 1737. By Mr. Davis of the 56th:
A bill to amend an Act creating the Recorder's Court of DeKalb County, so as to change the provisions relative to the qualifications of the judge of said court; to change the maximum punishment which may be imposed by the recorder's court.

HB 1759. By Messrs. Lane and Nessmith of the 76th:
A bill to provide that the Board of Commissioners of Screven County shall have the authority to establish for its officers and employees a retirement and pension benefit plan.

HB 1812. By Messrs. Sams of the 83rd and Miles of the 79th: A bill to amend an Act abolishing the 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 revise, consolidate and clarify all the laws establishing, concerning and relating to the Municipal Court, City of Augusta, in and for the County of Richmond.
HB 1879. By Messrs. Miles of the 79th, Sams of the 83rd and others: A bill to provide for the continued existence of the public school system of the County of Richmond in accordance with Section X of Article VIII of the Constitution of the State of Georgia and for its management and control as provided in an Act approved August 23, 1872.
HB 1881. By Messrs. Kreeger of the 21st, Nix and McDaniell of the 20th: A bill to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits of the City of Smyrna.
HB 1882. By Mr. Kreeger of the 21st: A bill to amend an Act providing for a new charter for the City of

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Powder Springs, so as to provide for annexation of certain territory to the City of Powder Springs.

HB 1909. By Messrs. Miles of the 79th, Mulherin of the 81st and others:
A bill to fix the compensation of the treasurers in certain counties and to provide for the employment and compensation of personnel within such treasurers' offices.

HB 1751. By Messrs. Williams of the 9th and Pinkston of the 89th:
A bill to comprehensively and exhaustively revise, classify, consolidate, modernize and supersede the present laws relating to banks and banking (except for portions thereof dealing with branch banking and bank hold ing companies), banks and trust companies, credit unions, sale of checks, international banking corporations, building and loan associations, saving's and loan associations, and similar entities.

HB 1910. By Messrs. Miles of the 79th, Mulherin of the 81st and others:
A bill to fix the compensation of the clerks of the superior courts in certain counties, and to provide for the employment and compensation of personnel within such clerks' offices.

HB 1912. By Messrs. Miles of the 79th, Mulherin of the 81st and others:
A bill to fix the compensation of the tax commissioners in certain counties and to provide for the employment and compensation of per sonnel within such tax commissioners' offices.

HB 1920. By Mr. Irvin of the 10th:
A bill to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the provisions relative to the Sheriff's deputies.

HB 1921. By Mr. Irvin of the 10th:
A bill to amend an Act incorporating the Town of Martin, so as to change the provisions relative to the election of the members of the governing body of said Town.

HB 1922. By Mr. Phillips of the 103rd:
A bill to amend an Act placing the Sheriff of Montgomery County upon an annual salary, so as to change the provisions relative to the compen sation of the sheriff's secretary.

THURSDAY, FEBRUARY 14, 1974

1115

HB 1924. By Messrs. Berlin, Pinkston, Coney, Evans, Dickey and Brown of the 89th:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, with certain changes in said Acts; to consolidate into one Act; with such changes as may have become neces sary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation.

HB 1300. By Mr. Adams of the 14th:
A bill to amend an Act creating the Department of Public Safety, so as to change the provisions relative to credit for prior service in connection with longevity increases in compensation.

HB 1317. By Messrs. Jordan of the 58th and Farrar of the 52nd:
A bill to amend Code Charter 24-27, relative to clerks of the superior courts, so as to provide for notices to purchasers of certain real property relative to homestead exemptions.

HB 1327. By Messrs. Adams of the 36th and Smith of the 74th:
A bill to amend an Act regulating traffic on streets and highways of this State, so as to change the provisions relating to the making of acci dent reports by the individual and law enforcement agencies.

HB 1330. By Messrs. Adams of the Sfith and Smith of the 74th: A bill to amend an Act creating a Department of Public Safety, so as to provide that whenever a member of the Department of Public Safety may suspend any officer or trooper from duty from cause pending a hearing which must be held in not more than 30 days after the suspen sion.
HB 1331. By Messrs. Smith of the 74th and 42nd, Adams of the 36th and others:
A bill to prescribe speed restrictions for any street, roadway or highway of this State; to provide for racing on roads; to provide a penalty in connection therewith.
HB 1535. By Messrs. Phillips of the 103rd, Dorminy of the 115th and others: A bill to amend an Act creating the Georgia Forestry Commission so as to authorize the Georgia Forestry Commission to enter upon forestlands for the purpose of determining if an infestation or infection exists in the trees.

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JOURNAL OF THE SENATE,

HB 1676. By Messrs. Oxford of the 101st and others:
A bill to amend an Act providing for pre-need funeral service contracts, so as to change certain definitions and provide for additional definitions, to require certain persons to furnish the Comptroller General with certified copies of their bank statement or statements showing certain information; to change the provisions relating to revocation of certifi cates and liquidation proceedings.

HB 1555. By Messrs. Morgan of the 70th, Tucker of the 69th and others:
A bill to create the Prosecuting Attorneys' Council of the State of Geor gia; to provide for the membership of the council, their qualifications, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority and responsibilities.

HB 1627. By Mr. Buck of the 87th:
A bill to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to provide that the knowing conversion of funds deducted and withheld pursuant to said Act with the intention to de prive the State of said funds shall be a felony.

HB 1628. By Mr. Buck of the 87th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that the knowing conversion of funds collected from another pursuant to said Act with the intention to deprive the State of such funds shall be a felony.

HB 1687. By Messrs. Burruss of the 21st, Busbee of the 114th and others: A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the minimum salaries of school bus drivers.
HB 1697. By Messrs. Mullinax of the 65th, Grantham of the 127th, Stephens of the 37th and others: A bill to amend Code Title 114, relating to Workmen's Compensation, so as to exclude fellow employees as third party tortfeasors; to change the minimum number of employees for coverage; to delete certain provi sions exempting employees of public charities from coverage; to in crease the maximum limit of compensation relative to total incapacity.
HB 1705. By Messrs. Triplett of the lllth, Wamble of the 120th and Groover of the 75th: A bill to amend an Act known as the "Fiduciary Investment Company

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Act", so as to permit fiduciary investment companies to invest in real estate in an amount not to exceed 50'A of their total assets taken at market value.

HB 1801. By Messrs. Elliott of the 49th, Moyer of the 99th, Egan of the 25th and others:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that drivers, and certain other persons, of motor vehicles involved in traffic accidents on the expressway system of certain standard metropolitan statistical areas shall be required to move such motor vehicles so as not to obstruct traffic under certain conditions.

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

SB 101. By Senator Stephens of the 36th:
A bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county, so as to authorize par ticipation by certain officers and employees of Fulton County.

The House has adopted by the requisite constitutional majority the following resolution of the Senate, to-wit:

SR 284. By Senators Reynolds of the 48th and Broun of the 46th:
A resolution designating U.S. Highway 441 as a Blue Star Memorial Highway; honoring Captain Leon Ellis, Jr.

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

SB 698. By Senator Reynolds of the 48th:
A bill to reincorporate the City of Winder in the County of Barrow; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for ordinances, by-laws, rules and regulations.
Referred to Committee on County and Urban Affairs.

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SB 699. By Senators Overby of the 49th, Langford of the 51st and London of the 50th:
A bill to amend Code Section 27-901, relating to persons before whom offenses are bailable and when a person charged with a misdemeanor may be bailed, so as to provide that at no time while a case is on appeal shall any person convicted of a felony, other than a capital felony, be refused bail.
Referred to Committee on Special Judiciary.

SB 700. By Senator London of the 50th:
A bill to abolish the present mode of compensating the Ordinary of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments.
Referred to Committee on County and Urban Affairs.

SB 701. By Senator London of the 50th:
A bill to abolish the present mode of compensating the Clerk of the Su perior Court of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments.
Referred to Committee on County and Urban Affairs.

SB 702. By Senator London of the 50th:
A bill to amend an Act creating the office of Commissioner of roads and revenues of Fannin County, as amended, so as to change the number of members on the board of commissioners; to provide for appointment of certain interim commissioners.
Referred to Committee on County and Urban Affairs.

SB 703. By Senators Sutton of the 9th, Doss of the 52nd and Eldridge of the 7th:
A bill to provide for the use of language interpreters in certain admin istrative and judicial proceedings; to provide for the taking of an oath; to require qualifications for such interpreters; to provide for compen sation.
Referred to Committee on Judiciary.

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SB 704. By Senator Zipperer of the 3rd:
A bill to amend an Act creating the Georgia Higher Education As sistance Corporation, as amended, so as to authorize the Corporation to request and obtain from other governmental departments, boards, commissions, bureaus or agencies information and assistance relative to location, employment, income and property of persons indebted to the Corporation or for whom the Corporation has guaranteed student loans.
Referred to Committee on University System of Georgia.

SB 705. By Senator London of the 50th:
A bill to amend an Act providing a new charter for the City of Helen, as amended, so as to authorize the governing authority to exercise the power of eminent domain; to change the provisions relating to the city clerk; to authorize the governing authority to regulate and tax the sale of alcoholic beverages.
Referred to Committee on Countv and Urban Affairs.

SB 706. By Senators Henderson of the 33rd and Moore of the 56th:
A bill to amend an Act creating the State Court of Cobb County, for merly known as the Civil and Criminal Court of Cobb County, as amended, so as to provide for an additional judge of the State Court of Cobb County; to provide for the powers, duties, jurisdiction, privileges, immunities and compensation of said additional judge.
Referred to Committee on County and Urban Affairs.

SR 375. By Senator Langford of the 51st:
A resolution authorizing the conveyance of a certain tract of Stateowned property.
Referred to Committee on Public Utilities and Transportation.

SR 379. By Senator Kidd of the 25th:
A resolution authorizing the exchange of a leasehold interest held by the Department of Natural Resources in certain real property in Bald win County, Georgia, for a fee simple interest in certain other real prop erty located in Baldwin County, Georgia.
Referred to Committee on Public Utilities and Transportation.

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

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HB 1386. By Messrs. McKinney of the 35th and Brown of the 34th:
A bill to amend an Act providing that cities having a population of more than 150,000 shall furnish pensions to all officers and employees of such cities who have served 25 years, so as to authorize present officers and employees to claim for service pension rights credit certain time served as a member of the Armed Forces.
Referred to Committee on County and Urban Affairs.

HB 1503. By Mr. Adams of the 36th: A bill to amend Code Chapter 59-1, pertaining to jurors, so as to provide that in certain counties (population 600,000 or more), the governing authority in such counties shall prescribe the compensation to be paid jurors and bailiffs.
Referred to Committee on Countv and Urban Affairs.
HB 1678. By Mr. Irvin of the 23rd: A bill to amend an Act creating a new charter for the City of Alpharetta, so as to increase the maximum fines and jail sentences that can be levied by the recorder of said city.
Referred to Committee on County and Urban Affairs.
HB 1737. By Mr. Davis of the 56th: A bill to amend an Act creating the Recorder's Court of DeKalb County, so as to change the provisions relative to the qualifications of the judge of said court; to change the maximum punishment which may be im posed by the recorder's court.
Referred to Committee on County and Urban Affairs.
HB 1759. By Messrs. Lane and Nessmith of the 76th: A bill to provide that the Board of Commissioners of Screven County shall have the authority to establish for its officers and employees a retirement and pension benefit plan.
Referred to Committee on County and Urban Affairs.

HB 1812. By Messrs. Sams of the 83rd and Miles of the 79th:
A bill to amend an Act abolishing the 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 revise, con solidate and clarify all the laws establishing, concerning and relating to the Municipal Court, City of Augusta, in and for the County of Richmond.
Referred to Committee on County and Urban Affairs.

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HB 1879. By Messrs. Miles of the 79th, Sams of the 83rd, Beckham of the 82nd and others:
A bill to provide for the continued existence of the public school system of the County of Richmond in accordance with Section X of Article VIII of the Constitution of the State of Georgia and for its management and control as provided in an Act approved August 23, 1872.
Referred to Committee on County and Urban Affairs.

HB 1881. By Messrs. Kreeger of the 21st, Nix and McDaniell of the 20th:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits of the City of Smyrna.
Referred to Committee on County and Urban Affairs.

HB 1882. By Mr. Kreeger of the 21st:
A bill to amend an Act providing for a new charter for the City of Powder Springs, so as to provide for annexation of certain territory to the City of Powder Springs.
Referred to Committee on County and Urban Affairs.

HB 1909. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd and others:
A bill to fix the compensation of the treasurers in certain counties (population of not less than 145,000 nor more than 165,000) and to provide for the employment and compensation of personnel within such treasurers' offices.
Referred to Committee on County and Urban Affairs.

HB 1910. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd and others:
A bill to fix the compensation of the clerks of the superior courts in certain counties (population of not less than 145,000 nor more than 165,000), and to provide for the employment and compensation of personnel within such clerks' offices.
Referred to Committee on County and Urban Affairs.

HB 1912. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd and others:
A bill to fix the compensation of the tax commissioners in certain counties (population of not less than 145,000 nor more than 165,000),

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and to provide for the employment and compensation of personnel within such tax commissioner's offices.
Referred to Committee on County and Urban Affairs.

HB 1920. By Mr. Irvin of the 10th:
A bill to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the provisions relative to the Sheriff's deputies.
Referred to Committee on County and Urban Affairs.

HB 1921. By Mr. Irvin of the 10th:
A bill to amend an Act incorporating the Town of Martin, so as to change the provisions relative to the election of the members of the governing body of said Town.
Referred to Committee on County and Urban Affairs.

HB 1922. By Mr. Phillips of the 103rd:
A bill to amend an Act placing the Sheriff of Montgomery County upon an annual salary, so as to change the provisions relative to the compensation of the sheriff's secretary.
Referred to Committee on County and Urban Affairs.

HB 1924. By Messrs. Berlin, Pinkston, Coney of the 89th and others:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation.
Referred to Committee on County and Urban Affairs.

HB 1300. By Mr. Adams of the 14th:
A bill to amend an Act creating the Department of Public Safety, so as to change the provisions relative to credit for prior service, in connection with longevity increases in compensation.
Referred to Committee on Appropriations.

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1123

HB 1317. By Messrs. Jordan of the 58th and Parrar of the 62nd:
A bill to amend Code Chapter 24-27, relative to clerks of the superior courts, so as to provide for notices to purchasers of certain real property relative to homestead exemptions.
Referred to Committee on Banking and Finance.

HB 1327. By Messrs. Adams of the 36th and Smith of the 74th:
A bill to amend an Act regulating traffic on streets and highways of this State, so as to change the provisions relating to the making of accident reports by the individual and law enforcement agencies.
Referred to Committee on Highways.

HB 1330. By Messrs. Adams of the 36th and Smith of the 74th:
A bill to amend an Act creating a Department of Public Safety, so as to provide that whenever a member of the Department of Public Safety may suspend any officer or trooper from duty from cause pending a hearing which must be held in not more than 30 days after the suspension.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1331. By Messrs. Smith of the 74th, Adams of the 36th, Smith of the 42nd and others:
A bill to prescribe speed restrictions for any street, roadway or highway of this State; to provide for racing on roads; to provide a penalty in connection therewith.
Referred to Committee on Highways.

HB 1535. By Messrs. Phillips of the 103rd, Dorminy of the 115th, Russell of the 62nd and others:
A bill to amend an Act creating the Georgia Forestry Commission, so as to authorize the Georgia Forestry Commission to enter upon forestlands for the purpose of determining if an infestation or infection exists in the trees.
Referred to Committee on Agriculture.

HB 1555. By Messrs. Morgan of the 70th, Tucker of the 69th, Snow of the 1st and others:
A bill to create the Prosecuting Attorneys' Council of the State of Georgia; to provide for the membership of the council, their qualifica-

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tions, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority and responsibilities.
Referred to Committee on Judiciary.

HB 1627. By Mr. Buck of the 87th:
A bill to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to provide that the knowing conversion of funds deducted and withheld pursuant to said Act with the intention to deprive the State of said funds shall be a felony.
Referred to Committee on Banking and Finance.

HB 1628. By Mr. Buck of the 87th:
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to provide that the knowing conversion of funds collected from another pursuant to said Act with the intention to deprive the State of such funds shall be a felony.
Referred to Committee on Banking and Finance.

HB 1676. By Messrs. Oxford of the 101st, Castleberry of the 96th, Edwards of the 95th and others:
A bill to amend an Act providing for pre-need funeral service contracts, so as to change certain definitions and provide for additional defini tions; to require certain persons to furnish the Comptroller General with certified copies of their bank statement or statements showing certain information; to change the provisions relating to revocation of certificates and liquidation proceedings.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 1687. By Messrs. Burruss of the 21st, Busbee of the 114th, Dean of the 17th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the minimum salaries of school bus drivers.
Referred to Committee on Elementary and Secondary Education.

HB 1697. By Messrs. Mullinax of the 65th, Grantham of the 127th, Stephens of the 37th and others:
A bill to amend Code Title 114, relating to Workmen's Compensation, so as to exclude fellow employees as third party tortfeasors; to change the minimum number of employees for coverage; to delete

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1125

certain provisions exempting employees of public charities from cov erage; to increase the maximum limit of compensation relative to total incapacity.
Referred to Committee on Industry and Labor.

HB 1705. By Messrs. Triplett of the lllth, Wamble of the 120th and Groover of the 75th:
A bill to amend an Act known as the "Fiduciary Investment Company Act", so as to permit fiduciary investment companies to invest in real estate in an amount not to exceed 50% of their total assets taken at market value.
Referred to Committee on Banking and Finance.

HB 1751. By Messrs. Williams of the 9th and Pinkston of the 89th:
A bill to comprehensively and exhaustively revise, classify, consolidate, modernize and supersede the present laws relating to banks and bank ing (except for portions thereof dealing with branch banking and bank holding companies), banks and trust companies, credit unions, sale of checks, international banking corporations and bank agencies, business development corporations, building and loan associations, savings and loan associations, and similar entities.

Senator Holley of the 22nd moved that HB 1751 be engrossed.

On the motion, the ayes were 25, nays 6; the motion prevailed, and HB 1751 was engrossed.

Referred to Committee on Banking and Finance.

HB 1801. By Messrs. Elliott of the 49th, Moyer of the 99th, Egan of the 25th and others:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that drivers, and certain other persons, of motor vehicles involved in traffic accidents on the expressway system of certain standard metropolitan statistical areas shall be required to move such motor vehicles so as not to obstruct traffic under certain conditions.
Referred to Committee on Highways.
The following reports of standing committees were read by the Secretary:

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Senator Coggin of the 35th District, Chairman of the Committee on Ap propriations, submitted the following report:

Mr. President:

Your Committee on Appropriations has had under consideration the follow ing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 681. Do pass.
HB 1675. Do pass.

Respectfully submitted, Coggin of 35th District, Chairman.

Senator Jackson of the 16th District, Chairman of the Committee on Business, Trade and Commerce, submitted the following report:
Mr. President:
Your Committee on Business, Trade and Commerce has had under con sideration the following resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendation:
HR 573. Do pass.
Respectfully submitted, Jackson of 16th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations: SB 528. Do pass by substitute. SB 659. Do pass. SB 678. Do pass. SB 679. Do pass.

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SB 685. Do pass. HB 85. Do pass by substitute. HB 1500. Do pass. HB 1747. Do pass. HB 1748. Do pass. HB 1783. Do pass. HB 1784. Do pass. HB 1802. Do pass. HB 1803. Do pass. HB 1828. Do pass. HB 1830. Do pass. HB 1838. Do pass. HB 1852. Do pass. HB 1857. Do pass. HB 1858. Do pass. HB 1859. Do pass. HB 1860. Do pass. HB 1786. Do pass. HE 441. Do pass. HR 523. Do pass. HR 624. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Kidd of the 25th 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 363. Do pass.
SB 629. Do pass by substitute.

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SB 683. Do pass. HB 1302. Do pass as amended. HB 1339. Do pass. HB 1556. Do pass.

Respectfully submitted, Kidd of 25th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 251. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1356. Do pass. HB 1361. Do pass. HB 1419. Do pass. HB 1657. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.

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1129

Senator Reynolds of the 48th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1604. Do pass.

Respectfully submitted, Reynolds of 48th District, Chairman.

Senator Johnson of the 38th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 473. Do pass. HB 1252. Do pass. HB 1506. Do pass. HB 1558. Do pass. HB 1906. Do pass.
Respectfully submitted, Johnson of 38th District, Chairman.

Senator Johnson of the 38th 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 275. Do pass by substitute.

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SB 425. Do pass by substitute.

Respectfully submitted, Johnson of 38th District, Chairman.

Senator London of the 50th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 614. Do not pass.
Respectfully submitted, London of 50th District, Chairman.

Senator Zipperer of the 3rd District, Chairman of the Committee on Uni versity System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System of Georgia has had under considera tion the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
SB 564. Do pass. HB 1299. Do pass. HB 1584. Do pass.
Respectfully submitted, Zipperer of 3rd District, Chairman.

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

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1131

SB 363. By Senator Tysinger of the 41st:
A bill to amend Code Section 84-1001, relating to the Board of Ex aminers of Nurses for Georgia, so as to eliminate the provisions for appointment from a list submitted by the Georgia State Nurses' Association.

SB 564. By Senators Gillis of the 20th, Broun of the 46th and Zipperer of the 3rd:
A bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, approved April 14, 1971 (Ga. Laws 1971, p. 906), so as to change the amount of such grant; to provide for the inclusion of graduate and professional students.

SB 629. By Senator Ward of the 39th:
A bill to create the Georgia Human Relations Commission; to provide for a short title; to provide for a declaration of purpose; to provide for definitions; to provide for the membership of the Commission; to provide for terms of office, meetings and quorum; to provide for an executive director; to provide for a chairman; to provide for the powers of the Commission.
SB 683. By Senator Holloway of the 12th:
A bill approved April 17, 1969 (Ga. Laws 1969, p. 484), relating to the representation of State Authorities by the Attorney General so as to provide that the provisions thereof shall be applicable to the Georgia State Financing and Investment Commission.

HB 1299. By Mr. Adams of the 14th:
A bill to amend an Act regulating the sale of admission tickets to athletic contests of the colleges in the University System of Georgia, so as to repeal the provisions of said Act which make the sale of such tickets in any unauthorized place or manner unlawful.

HB 1302. By Mr. Brantley of the 92nd:
A bill to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to change and clarify the composition of certain Representative Districts.

HB 1339. By Mrs. Hamilton of the 31st: A bill to amend Code Chapter 34A-16, relating to penalties for violations

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of the Georgia Municipal Election Code, so as to make it a misdemeanor to knowingly make any false statement in connection with filing a notice of candidacy.

HB 1556. By Messrs. Petro of the 46th and Bostick of the 123rd: A bill to provide for the regulation of private employment agencies.

HB 1584. By Mr. Ware of the 65th and others:
A bill to amend an Act creating the Georgia Higher Education Assistance Authority, so as to authorize the Authority to establish and administer a program of student incentive scholarships; to provide for veterans priority in the incentive scholarship program.

HB 1604. By Messrs. Smith of the 74th, Smith of the 42nd and Adams of the 36th:
A bill to amend the "Motor Vehicle Certificate of Title Act", so as to eliminate the necessity of furnishing a non-negotiable copy of a certificate of title.

SB 681. By Senator Holley of the 22nd:
A bill to amend an Act creating the Executive Board of the Georgia World Congress Center, approved March 16, 1972 (Ga. Laws 1972, p. 245).

HB 1675. By Mr. Gignilliat of the 105th and others:
A bill to amend an Act reestablishing the Georgia Commission for National Bicentennial Celebration, so as to authorize said Commission to retain the proceeds arising from contracts and leases to be used for the purposes of the Commission.

HR 573. By Messrs. Murphy of the 18th, Carr of the 90th and others: A resolution designating an official series of Georgia Historical Plates.

SB 528. By Senators Johnson of the 38th and Stephens of the 36th:
A bill to permit municipalities and counties which establish a planning department to establish a zoning review board under certain circum stances.

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1133

SB 659. By Senator Coggin of the 35th:
A bill to amend an Act entitled "An Act to incorporate the City of Hapeville, Georgia; and for other purposes", so as to provide increased benefits for employees and widows of employees who retired prior to January 1, 1971.

SB 678. By Senator Kidd of the 25th:
A bill to amend an Act placing the Ordinary of Wilkinson County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation allowable to the ordinary for clerical assistants.

SB 679. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts in certain designated counties of this State, as amended, so as to change the salary of the Judge of the County Court of Baldwin County; to provide for the payment of operating expenses of the office of the judge; to change the salary of the Solicitor of the County Court of Baldwin County; to provide that the offices of the judge and solicitor shall be elective offices.

SB 685. By Senators Coverdell of the 40th, Garrard of the 37th, Smith of the 34th and others:
A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to change the provisions relative to com missioner districts; to provide for filling vacancies; to provide for all matters relative to the foregoing; to provide an effective date.

HB 85. By Mr. Alexander of the 38th:
A bill to amend an Act establishing a new charter for the City of Atlanta, relating to the "Ombudsman Chapter of the Charter of the City of Atlanta".

HB 1500. By Mr. Adams of the 36th:
A bill to repeal an Act authorizing the creation of emeritus offices in certain counties; to provide that the repeal of said Act shall not affect the offices or the compensation of any person who shall have been appointed to such an emeritus office.

HB 1747. By Mr. Phillips of the 73rd: A bill to amend an Act creating the board of commissioners of

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Columbia County, so as to provide for the election of a chairman of the board of county commissioners in the event of a vacancy.

HB 1748. By Mr. Phillips of the 73rd:
A bill to provide for a board of elections in certain counties (popula tion of not less than 22,312 and not more than 22,825).

HB 1783. By Messrs. Kreeger of the 21st, Wilson, Howard of the 19th and others:
A bill to amend an Act creating a new charter for the City of Dallas, so as to change the composition of the wards of said City.

HB 1784. By Mr. Lewis of the 77th:
A bill to reincorporate the City of Wadley in the County of Jefferson; to create a new charter for said city.

HB 1786. By Mr. Oxford of the 101st:
A bill to amend an Act entitled "An Act to amend, revise, and consolidate the several Acts granting corporate authority of the City of Americus, to convey additional power upon the Mayor and City Council of Americus, to extend the corporate limits of said city", so as to authorize the Mayor and Council of the City of Americus to provide off-street parking facilities for motor vehicles and to impose reasonable charges for the use of such facilities.

HB 1802. By Messrs. McCracken and Lewis of the 77th:
A bill to amend an Act establishing a new charter for the City of Louisville, so as to extend the corporate limits of said city.

HB 1803. By Messrs. McCracken and Lewis of the 77th:
A bill to repeal and replace the charter of the Town of Bartow, so as to create a new charter for said town.

HB 1828. By Messrs. Bohannon and Patterson of the 64th: A bill to incorporate the City of Temple in the County of Carroll; to create a charter for said city.
HB 1830. By Mr. Shanahan of the 7th: A bill to provide for the office of Commissioner of Gordon County;

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1135

to provide the procedures connected therewith; to repeal an Act creat ing the office of Commissioner of Gordon County, approved August 4, 1920.

HB 1838. By Messrs. Jessup, Larsen and Coleman of the 102nd:
A bill to amend an Act placing the Sheriff of Pulaski County upon an annual salary, so as to change the compensation provisions relating to the deputy sheriff.

HB 1852. By Mr. Groover of the 75th:
A bill creating and establishing a small claims court for Monroe County to be known as the Small Claims Court of Monroe County.

HB 1857. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act creating the Cherokee County Water Authority, so as to change the name of said Authority.

HB 1858. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act creating the office of commissioner of Dawson County, so as to change the compensation of the commissioner of Dawson County.

HB 1859. By Messrs. Roach and Thomason of the 8th:
A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax com missioner.

HB 1860. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act placing the sheriff of Dawson County upon an annual salary, so as to change the compensation of the sheriff and his deputies.

HR 441. By Mr. Lane of the 40th:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of East Point who are 65 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 exceeding $5,000 per annum, shall be granted a homestead exemption of $5,000 from ad valorem taxation by said City.

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JOURNAL OF THE SENATE,

HR 523. By Messrs. Bohannon and Patterson of the 64th:
A resolution proposing an amendment to the Constitution so as to provide that the homestead of residents of the City of Bowdon who are 65 years of age or over and have limited incomes shall be granted a homestead exemption of $6,000 from all ad valorem taxation by said city.

HR 624. By Messrs. Wood, Whitmire and Williams of the 9th:
A resolution proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Forsyth County to levy, assess and collect a license fee from any person, firm or corporation who may maintain a place of business or who may in any manner engage in any type of business in any area of Forsyth County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Forsyth County.
HB 473. By Mr. McKinney of the 35th and Mrs. Clark of the 55th:
A bill to amend the Criminal Code of Georgia to make the crime of carrying a pistol or revolver without a license a felony and to increase the punishment upon conviction of such crime.

HB 1252. By Mr. Walker of the 100th: A bill to amend Code Section 49-605, relative to duties of the ordinary in connection with discharge from treatment facility, termination of guardianship and restoration to mental health, so as to change the provisions relative to restoration to mental health.
HB 1506. By Messrs. Irvin of the 23rd, Smith of the 42nd and Snow of the 1st: A bill to amend an Act known as the "Uniform Reciprocal Enforcement of Support Act", so as to provide for reciprocal enforcement of support with any province or territory of the Dominion of Canada.
HB 1558. By Messrs. Dixon of the 126th, Hudson of the 115th and others: A bill to add one additional judge of the superior courts for the Waycross Judicial Circuit of Georgia; to provide for the appointment of the first additional judge by the Governor.

HB 1906. By Mr. Roach of the 8th and others:
A bill to create a court to be known as "State Court of Cherokee and Forsyth Counties".

THURSDAY, FEBRUARY 14, 1974

1137

SB .425. By Senator Johnson of the 38th:
A bill to add two additional judges of the superior court to each judicial circuit in counties having a certain population; to provide for the appointment of the first such additional judges by the Governor.

SR 275. By Senator Johnson of the 38th:
A resolution proposing an amendment to the Constitution so as to provide for a new court of original jurisdiction to be known as the "Family Court of Human Relations"; to provide the procedures con nected therewith; to provide for the submission of this amendment for ratification or rejection.

HB 1356. By Mr. Hudson of the 115th:
A bill to amend an Act regulating the practice of professional sani tarians, so as to authorize an applicant for a license to take the examination prior to completion of the experience requirement.

HB 1361. By Messrs. Savage of the 30th and Marcus of the 26th: A bill to amend an Act relating to the revocation and suspension of licenses by the Board of Dental Examiners of Georgia, so as to provide additional grounds for the suspension or revocation of a license; to provide that dentists serving on certain peer or review committees shall not be liable for damages for certain actions.
HB 1419. By Mr. Ritchie of the llth: A bill to amend Code Section 88-1802, relating to definitions used in the law regarding hospital authorities, as amended, so as to clarify the meaning of the term "project".
HB 1657. By Mr. Greer of the 43rd: A bill to provide that confidential or privileged medical matter which constitutes a record, or part thereof, kept by a health care facility or physician, does not lose its confidential or privileged character when disclosed in certain circumstances.
The following local, uncontested bills of the House, favorably reported by the committee, were read the third time and put upon their passage:
HB 936. By Mr. Triplett of the lllth: A bill to fix the compensation of a certain official in certain counties (population of not less than 185,000 nor more than 190,000).

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The Committee on County and Urban Affairs offered the following amend ment:

Amend HB 936 by striking the word "of" on line 11 of page 1, and inserting in lieu thereof the following:

"to be fixed by the governing authority of said county at not more than".

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 937. By Mr. Triplett of the lllth:
A bill to fix the compensation of a certain official in certain counties (population of not less than 185,000 nor more than 190,000).'

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 937 by striking the word "of" on line 11 of Page 1, and inserting in lieu thereof the following:
"to be fixed by the governing authority of said county at not more than".
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.

THURSDAY, FEBRUARY 14, 1974

1139

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

HB 1438. By Messrs. Lee, Northcutt, Bailey, and Johnson of the 68th:
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 of Clayton County, so as to change the compensation of the Deputy Tax Commissioner.

The report 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 1439. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A bill to amend an Act creating the Board of Commissioners of Clayton County, so as to create Commissioner Districts and Commissioner Posts.

The report 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 1719. By Mr. Keyton of the 121st:
A bill to amend an Act creating a new charter for the City of Pavo (formerly the Town of Pavo), in the Counties of Thomas and Brooks, so as to change the day for holding the regular elections for the City of Pavo from the third Monday in December of each year to the fourth Monday in November of each year.

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

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JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 43, nays 0.

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

HB 1771. By Mr. Vaughn of the 57th:
A bill to provide for the payment of taxes in two equal installments in certain counties of this State (population of not less than 18,100 and not more than 18,250) and in all municipalities located in such counties.

The report 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 1791. By Mr. Irwin of the 113th:
A bill to amend an Act creating a board of commissioners for Terrell County, so as to change the provisions relating to the location of the office of the board of commissioners.

The report 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 1792. By Mr. Irwin of the 113th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Terrell County, known as the fee system; to provide in lieu thereof an annual salary.

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

THURSDAY, FEBRUARY 14, 1974

1141

On the passage of the bill, the ayes were 43, nays 0.

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

HB 1793. By Mr. Irwin of the 113th:
A bill to provide a new charter for the Town of Sasser; to provide that this Act shall repeal and replace the charter provided by an Act approved December 29, 1890.

The report 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 1795. By Mr. Shanahan of the 7th:
A bill to amend an Act abolishing the fee system of compensating the tax commissioner of Gordon County and establishing in lieu thereof an annual salary, so as to change the provisions relative to the compensation of said 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 43, nays 0.

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

HB 1814. By Messrs. Walker of the 100th and Grahl of the 88th:
A bill to amend an Act creating a Board of Commissioners for Macon County, so as to change the compensation of the board of com missioners.

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

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JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 43, nays 0.

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

HB 1818. By Mr. Vaughn of the 57th:
A bill to amend an Act providing that the governing authority of any municipality located wholly within certain counties may not rezone or otherwise change the zoning status of land which it has theretofore annexed for a period of 12 months from the date such annexation became effective, so as to clarify the time within which an application for rezoning may be resubmitted for consideration.

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

On the passage of the bill, the ayes were 43, nays 0.

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

The following resolutions of the House and Senate were read and adopted:

HR 684. By Messrs. Busbee of the 114th and Murphy of the 18th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of commemorating the 100th anniversary of the Georgia Department of Agriculture.

SR 378. By Senators Holley of the 22nd and Lester of the 23rd: A resolution expressing regret at the passing of Mr. Sherman Drawdy.

SR 377. By Senator Hudgins of the 15th:
A resolution urging the President of the United States and the Secretary of the Army to pardon Lt. William L. Galley.

SR 380. By Senator Langford of the 51st: A resolution commending Mary Ellen Berger.

THURSDAY, FEBRUARY 14, 1974

1143

The following resolution of the House, favorably reported by the committee, was read the third time and adopted:

HR 251. By Messrs. Mulherin of the 81st, Collins of the 45th, Blackshear of the 106th and others:
A resolution relative to the lives of the unborn.

The President ordered the morning roll call, and the following Senators answered to their names:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Doss Duncan Eldridge Fincher Gillis Hamilton Henderson

Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Young Zipperer

Not answering were Senators:

Cleland Cox Dean Garrard Herndon

Jackson Johnson Lester London

McDuffie Sm alley Summers Webb

Senator Webb of the llth filed the following statement with the Secretary:
THE STATE SENATE Atlanta, Georgia
TO: President of the Senate FROM: Senator Julian Webb DATE: February 11, 1974
Because of the fact that I am out of the city on professional business for four days of this week, namely, February 11-14, I shall not be recorded as voting present or voting on any measure brought before

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JOURNAL OP THE SENATE,

the Senate. I provide this explanation in order that it may be recorded in the Senate Journal.

Senator Summers of the 53rd was absent due to confinement in the hospital.

Senator Henderson of the 33rd introduced as Chaplain, The Reverend Nelson Price, pastor, Roswell Street Baptist Church, Marietta, Georgia, who offered scripture reading and prayer.

Senator Holley of the 22nd moved that the Senate stand in recess for a Joint Session as provided by HR 684 at 10:15 o'clock A.M., 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 commemorating the 100th anniversary of the Georgia Department of Agriculture, was called to order by the President of the Senate. HR 684 authorizing the Joint Session of the Senate and House was read by the Secretary of the Senate.

The President of the Senate announced the Joint Session dissolved.

Under the provisions of a previous motion, the President called the Senate to order at 11:00 o'clock A.M.

The following is the Senate Rules Calendar for today:
SENATE RULES CALENDAR
Thursday February 1,4, 1974
SB 524. Teachers' Retirement--service credit for certain services SB 530. Teachers' Retirement--minimum allowance (AM) SB 609. MARTA Board of Directors--change membership SB 637. Georgia Peace Officer Training Council--certify constables SB 652. Pistol Licenses--additional information SB 657. Insurance--certificates of authority and brokers SB 662. Shrimps and Crabs--seasons and limits

THURSDAY, FEBRUARY 14, 1974

1145

SB 663. Game and Fish Laws--surety bonds and criminal offenses SB 664. Game and Fish Laws--taking of crabs SB 666. Sales Tax--exemptions county road contractors (SUB) SB 668. Abandoned Animals--sale or disposal SB 669. Board of Veterinary Medicine--compensation, powers SB 672. Adequate Program for Education in Georgia--provide SB 673. "Georgia Anatomical Gift Act"--amend SB 674. Board of Exam, of Practical Nurses--fees for exams SB 675. Practice of Nursing--define (AM) SB 676. Board of Exam, of Registered Nurses--fees for exams SR 305. Disabled Veteran and Dependents--homestead exemption SR 307. Drug Offender--must serve full sentences (SUB) SR 334. Joint Introduction of Bills and Resolutions--provide HB 37. Indigent Criminals--representation (SUB) HB 214. Ad Valorem Tax for Education--exemption for cert. 62 year olds HB 1292. License of Motor Vehicles and Chauffeurs--relating to HB 1306. Eyeglasses and Sunglasses--lens requirements HB 1310. Absentee Ballot--change process of voting HB 1313. Municipal Elections Code--amendments HB 1333. Second Mortgage--regulatory authority HB 1335. Electors--change residency requirements HB 1336. City Elections--voter eligibility HB 1351. State Properties--install sprinkler system HB 1452. Food Serv. Establishment--information on menus about cert, meat HB 1504. Special Ed. Facilities--redefine "exceptional child" HB 1591. State Financing and Investment Com.--reimbursement HB 1594. M.F.P.E.--redefining school year and month HR 461. Cairo, Georgia--conveyance of certain property HR 503. Bainbridge--conveyance of certain property

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

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JOURNAL OF THE SENATE,

SB 524. By Senator Herndon of the 10th:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide for service credit for certain services rendered by a member; to provide an effective date.

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

February 5, 1974

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor

SUBJECT: Fiscal Note--Senate Bill 524

So far as is known, this bill effects one individual, Mr. Paul Sewell. Information in Teachers' Retirement System office indicates the follow ing on this individual:

Actuarial Reserve
Less contribution, plus interest this bill
Less contribution, plus interest by county employer
Total Costs Net Cost

$ 32,965.38
4,903.24
6,697.86 $~ 11,601.10 $ 21,364.28

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

January 24, 1974

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note--Senate Bill 524

This Bill would allow credit for teaching service in a private, non profit vocational institution, which has subsequently become the property

THURSDAY, FEBRUARY 14, 1974

1147

of any public school system of the State, not exceed 13 years. Creditable service for any private institution is a dangerous precedent to establish. There is no way to estimate the number of individuals who would be eli gible for service of this nature and we can only state that an example of one individual with 13 years service would require a reserve of approxi mately $50,000. Assuming this individual's salary used in computing this benefit would have been the same throughout his service, he would con tribute to the Teachers' Retirement System approximately $10,000 leav ing an unfunded balance to be absorbed by the State Retirement System of $40,000. As previously stated this is only on one member and should there be 200 or so to qualify, you can readily see how this could have an effect on the actuarial soundness of the Retirement System.

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

TEACHERS RETIREMENT SYSTEM 254 Washington Street, S.W., Phone 656-2954
Atlanta, Georgia 30334

January 29, 1974

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Senate Retirement Committee

PROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia

SUBJECT: Senate Bill 524

This amendment would add a new subsection numbered 5-C to Sec tion 4 (Code Section 32-2904) of the Teacher Retirement Act.

This new subsection would permit any member whose membership was active with the Teachers Retirement System to establish credit for teaching service rendered in any private non-profit vocational educational institution if the private institution "has subsequently become the prop erty of any public school system of this State." The amendment states that the service could not exceed thirteen years.

The amendment provides that the member desiring to establish credit for service with a private non-private educational institution must pay the member contributions which would have been paid to the Teachers Retire ment System on the salary that he received during the years he wishes to establish, and applicable interest. Either the member or the local board of education would be required to pay the employer contributions which would have been paid to the Teachers Retirement System plus the appli cable interest.
Approximately two years ago, one of our members requested permis sion to establish credit for several years of teaching service with a private vocational institution. The Board of Trustees considered this case and

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JOURNAL OF THE SENATE,

secured the advice of the State Attorney General. We were advised that the Teachers Retirement System could not allow members to establish credit for teaching service in private educational institutions. Upon this advice, the Board of Trustees rejected the member's claim for service credit for the years that he was employed by the private institution. The Board of Trustees offered the member the right to establish credit for the years during which his salary was paid from local tax funds. We have also followed this procedure in all of our cases and have allowed members to establish credit for service rendered with public school institutions when the members were employed, paid and supervised by public school officials and their salaries were paid from public tax funds, either local or State.

We have determined that this one case would cause an accrued liabil ity cost of approximately $21,360.00. We have no way of knowing how many members would be entitled to additional cost under this bill because we do not know how many of our members have rendered service with "private, non-profit vocational educational institutions which have subse quently become the property of public school systems in the State."

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Doss Duncan Eldridge Fincher
Garrard Gillis

Hamilton Herndon Howard Hudgins Johnson Kennedy Kidd Langford Lester London McGill Moore Overby
Reynolds Riley

Rowan Salter Skene Smalley Starr Stephens Sutton Thompson Tysinger Warren Wasden Young Zipperer

Those not voting were Senators:

Cox Dean Henderson Hill
Holley

Holloway Jackson McDuffie Parker

Smith Summers Ward Webb

THURSDAY, FEBRUARY 14, 1974

1149

On the passage of the bill, the ayes were 43, nays 0.

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

SB 530. By Senators Stephens of the 36th, Johnson of the 38th, Coggin of the 35th and others:
A bill to amend an Act establishing the Teachers' Retirement System, approved Mar. 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide that the minimum retirement allowance for members shall apply to public school teachers who retired pursuant to a county, municipal or local board of education retirement or pension system; to provide an ef fective date.

The Committee on Retirement offered the following amendment: Amend SB 530 by striking on Page 2, from lines 9 and 10, the fol
lowing : "on January 1, 1975"
and inserting in lieu thereof the following: "as provided by Section 3 hereof".
By renumbering Section 3 as Section 4 and adding a new Section 3 to read as follows:
"Section 3. This Act shall not become effective until funds are appropriated by the General Assembly to carry out the provisions of this Act."
On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
The following fiscal note, as required by law, was read by the Secretary:

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JOURNAL OP THE SENATE,

TEACHERS RETIREMENT SYSTEM State of Georgia
254 Washington Street, S.W., Phone 656-2954 Atlanta, Georgia 30334

February 13, 1974

CORRECTED FISCAL NOTE

MEMORANDUM

TO:

Honorable Paul D. Coverdell, Chairman

Senate Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia

SUBJECT: Senate Bill 530 (As Amended)

This bill would make the retired teachers in each of the four local retirement funds in this State (City of Atlanta, Chatham County, Fulton County and City of Rome) "members" of the Teachers Retirement System in order to be eligible for the minimum retirement benefit provided for the retired members of the Teachers Retirement System--$9.00 per month per year of service, maximum 40 years and $360.00 per month.

The Board of Trustees of the Teachers Retirement System is au thorized and directed to pay the additional benefits to each of the retired teachers in the four local retirement systems whose monthly benefit is below the minimum provided by the $9.00 Floor. The bill provides that the provisions of the bill shall not become effective until funds are appropri ated by the General Assembly to carry out the provisions of the Act.

The bill becomes effective on January 1, 1975, only if the amendment to the State Constitution (Senate Resolution 283) is ratified at the gen eral election conducted in 1974.

I do not have any detailed figures reflecting the cost of the increased benefits that would be provided by this bill; however, I have been furnished with an amount of annual cost by the Georgia Retired Teachers Association--$890,140 per year. This amount should decrease as the retired teachers in the four groups pass away. The Association states that 771 retired teachers would receive increases under the pro visions of this bill.

The cost of this bill to the State for Fiscal Year 1974-75 would be approximately $445,000 based upon the figures given me by the Georgia Retired Teachers Association (1/1/75-6/30/75). The amount for Fiscal Year 1975-76 would be approximately $850,000. The cost for succeeding years would depend upon the number of retired teachers receiving the "Floor Benefits" at that time--we estimate that the cost would decrease approximately $75,000 to $80,000 per year.

THURSDAY, FEBRUARY 14, 1974

1151

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Dean Doss Duncan Eldridge Fincher Garrard

Gillis Hamilton Herndon Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester London McGill Moore

Overby Reynolds Riley Rowan Salter Skene Starr Stephens Sutton Thompson Warren Wasden Young Zipperer

Voting in the negative was Senator Smalley.

Those not voting were Senators:

Cox Henderson Jackson Johnson

McDuffie Parker Smith Summers

Tysinger Ward Webb

On the passage of the bill, the ayes were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Stephens of the 36th moved that SB 530 be immediately transmitted to the House.
On the motion, the ayes were 29, nays 0; the motion prevailed, and SB 530 was immediately transmitted to the House.

SB 637. By Senators Starr of the 44th, Sutton of the 9th and Young of the 19th:
A bill to amend the "Georgia Peace Officers Standards and Training

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JOURNAL OF THE SENATE,

Act", approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, so as to authorize the Georgia Peace Officer Standards and Training Council to certify constables as peace officers and as having met the requirements for employment as peace officers.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Carter Cleland Coggin Coverdell Dean Doss Eldridge Fincher Garrard Hamilton

Holley Holloway Howard Hudgins Johnson Kennedy Langford Lester London McGill Overby Parker Riley

Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Warren Wasden Young

Those not voting were Senators:

Brown of 47th Cox Duncan Gillis Henderson Herndon

Hill Jackson Kidd McDuffie Moore

Reynolds Summers Ward Webb Zipperer

On the passage of the bill, the ayes were 40, nays 0.

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

SB 652. By Senator Johnson of the 38th:
A bill to amend Code Chapter 26-29, relating to crimes involving dan gerous instrumentalities and practices, so as to change certain provisions relating to the issuance of a license to carry a pistol or revolver; to

THURSDAY, FEBRUARY 14, 1974

1153

provide for additional identification information relative to such licensure; to provide that forms relative to such licensure shall be pre scribed by the Secretary of State.

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

On the pasage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland Coggin Coverdell Dean Duncan Eldridge Fincher Hamilton Herndon Hill

Holley Howard Hudgins Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Those voting in the negative were Senators:

Doss

Henderson

Riley Rowan Salter Skene Smalley Smith Starr Stephens Sutton Tysinger Warren Wasden Young Zipperer
Thompson

Those not voting were Senators:

Broun of 46th Cox Garrard

Gillis Holloway Jackson

Summers Ward Webb

On the passage of the bill, the ayes were 44, nays 3.

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

SB 657. By Senator Starr of the 44th: A bill to amend Code Title 56, relating to insurance, as amended, so as

1154

JOURNAL OF THE SENATE,

to qualify certain requirements relative to documents accompanying applications for certificates of authority; to clarify provisions relating to brokers' quarterly reports; to qualify certain provisions regarding taxes on surplus line brokers.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Herndon Hill Holley Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Young Zipperer

Those not voting were Senators :

Cox Henderson Jackson

London Smith

Summers Webb

On the passage of the bill, the ayes were 49, 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:

THURSDAY, FEBRUARY 14, 1974

1155

HB 1376. By Mr. Murphy of the 18th and others:
A bill to amend an Act providing appropriations for the fiscal year 1973-74, known as the "General Appropriations Act", so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1974.

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

HB 1376. By Mr. Murphy of the 18th and others:
A bill to amend an Act providing appropriations for the fiscal year 1973-74, known as the "General Appropriations Act", so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1974; to make language and other changes.

Senator Coggin of the 35th moved that the Senate insist upon its substitute to HB 1376.

On the motion, the ayes were 42, nays 0; the motion prevailed, and the Senate substitute to HB 1376 was insisted upon.

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 447. By Mr. Larsen of the 27th:
A bill to authorize the governing authority of each municipality to allow bridges over, and tunnnels under, any highway, street, road or public way within such municipality under certain conditions to accommodate pedestrian traffic between private premises.

HB 1848. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to place a limitation upon the quantity of distilled spirits which may lawfully be possessed in any county of this State.

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JOURNAL OF THE SENATE,

HB 1407. By Mr. Larsen of the 27th:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty, so as to change the provisions relating to women; to amend Code Section 79-207, relating to citizenship rights of females, as amended, so as to change the provisions relating to rights and liabilities of females.

The House has agreed to the Senate substitute, as amended by the House, of the following bill of the House, to-wit:

HB 368. By Mr. Farrar of the 52nd:
A bill to provide evaluation and tenure for classroom teachers and all other professional personnel of local school systems except the super intendent.

The following resolution of the Senate was read and adopted:

SR 382. By Senator Starr of the 4th: A resolution commending Freddy Wheeler.

Senator Holley of the 22nd assumed the Chair.

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 662. By Senators Zipperer of the 3rd and Wasden of the 2nd:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, approved Mar. 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to change the count of shrimp per pound required to open or close the season for the commercial taking of shrimp; to provide for a closed season for certain taking of crabs; to specify what sounds may be opened.

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, who was presiding, ordered a roll call, and the vote was as follows:

THURSDAY, FEBRUARY 14, 1974

1157

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 4t7h Carter Cleland Coverdell Cox Doss Duncan Eldridge Fincher Garrard Hamilton

Henderson Herndon Hill Howard Hudgins Kennedy Kidd Lester London McDuffie McGill Moore Parker Reynolds

Riley Rowan Skene Smalley Smith Stafr Stephens Sutton Thompson Tysinger Ward Warren Wasden Zipperer

Those not voting were Senators:

Coggin Dean Gillis Holley (presiding) Holloway

Jackson Johnson Langford Overby

Salter Summers Webb Young

On the passage of the bill, the ayes were 43, nays 0.

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

SB 663. By Senator Zipperer of the 3rd:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, approved Mar. 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to provide for certain surety bonds; to provide for the forfeiture of certain surety bonds; to provide for other matters relative thereto; to provide for certain criminal offenses and the punishment therefor.

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, who was presiding ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Cleland Coverdell Cox

1158
Doss Eldridge Pincher Garrard Hamilton Henderson Herndon Hill Holloway Howard Hudgins

JOURNAL OF THE SENATE,

Jackson Kennedy Kidd Lester London McDuffie McGill Moore Overby Riley Rowan

Salter Skene Smalley Smith Sutton Thompson Tysinger Ward Warren Wasden Zipperer

Those not voting were Senators:

Coggin Dean Duncan Gillis Holley (presiding)

Johnson Langford Parker Reynolds Starr

Stephens Summers Webb Young

On the passage of the bill, the ayes were 42, nays 0.

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

SB 664. By Senators Moore of the 56th, Zipperer of the 3rd and Wasden of the 2nd:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to game and fish, approved March 7, 1955, (Ga. Laws 1955, p. 483), as amended, so as to provide for the taking of crabs in certain waters of the State under certain conditions; to provide an effective date.

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, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th

Carter Cleland Coverdell Cox

Doss Duncan Eldridge Pincher

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1159

Garrard Hamilton Henderson Herndon Hill Hollo way Howard Hudgins Jackson Johnson Kennedy

Kidd Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan

Salter Skene Smalley Smith Stephens Button Thompson Tysinger Warren Wasden Zipperer

Those not voting were Senators:

Broun of 46th Coggin Dean Gillis

Holley (presiding) Langford Starr Summers

Ward Webb Young

On the passage of the bill, the ayes were 45, nays 0.

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

SB 666. By Senator Kidd of the 25th:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved Feb. 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to exempt from the taxes imposed by said Act sales of tangible personal property to any person, firm or corporation which will be in corporated within any project covered by any contract with any county for the construction, repair, extension or improvement of any public roadway.

The Senate Committee on Public Utilities and Transportation offered the following substitute to SB 666:
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. Laws 1951, p. 360), as amended, so as to exempt from the taxes imposed by said Act the sale of material to a county or in the name of a county which is used for the repair, construction, improvement, extension or maintenance of a public roadway, notwithstanding the fact that such material may be applied or utilized by a contractor in the repair, construction, improvement, extension or maintenance of a public road way; to repeal conflicting laws; and for other purposes.

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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. Laws 1951, p. 360), as amended, is hereby amended by adding at the end of Section 3(c) (2) a new paragraph to read as follows:

"Any material used in the repair, construction, improvement, extension or maintenance of a public roadway which is purchased by or in the name of a county and which is paid for by such county shall be deemed to be consumed by such county and, therefore, shall be exempt from the taxes imposed by this Act, notwithstanding the fact that such material may be applied or utilized by a contractor in the repair, construction, improvement, extension or maintenance of a public roadway pursuant to a contract with such county."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senators Rowan of the 8th and Wasden of the 2nd offered the following amendment:
Amend the committee substitute to SB 666 by adding a new Section 2 to read as follows:
"Section 2. Any drugs, prescribed by a licensed physician shall be exempt from the provisions of the Georgia Retailers' and Consummers' Sales and Use Tax Act, approved Feb. 20, 1951 (Ga. Laws 1951, p. 360), as amended."
and
by renumbering Section 2 as Section 3.

On the adoption of the amendment, the ayes were 14, nays 21, and the amend ment was lost.

Senator Garrard of the 37th offered the following amendment:
Amend the committee substitute to SB 666 by adding on Page 1, line 20, after the word "county", "or municipality";
by adding on Page 1, line 21, after the word "county", "or munici pality";
by adding on Page 1, line 22, after the word "county", "or munici pality";

THURSDAY, FEBRUARY 14, 1974

1161

hy adding on Page 1, line 27, after the word "county", "or munici pality".

On the adoption of the amendment, the ayes were 35, nays 1, and the amend ment was adopted.

On the adoption of the substitute, the ayes were 31, nays 5, and the com mittee 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 Holley of the 22nd, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Coverdell Cox Dean Doss Eldridge Garrard Hamilton Henderson

Howard Hudgins Jackson Johnson
Kennedy Kidd London McDuffie McGill Overby Parker Riley

Those voting in the negative were Senators:

Carter Cleland Herndon

Hill Hollo way

Rowan Salter Skene Smith Starr Stephens Thompson T'ysinger Ward Warren Wasden Zipperer
Smalley Sutton

Those not voting were Senators:

Coggin Duncan Fincher Gillis

Holley (presiding) Langford Lester Moore

Reynolds Summers Webb Young

On the passage of the bill, the ayes were 37, nays 7.

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

Senator Kidd of the 25th moved that SB 666 be immediately transmitted to the House.

On the motion, the ayes were 31, nays 0; the motion prevailed, and SB 666 was immediately transmitted to the House.

The following bills of the House were taken up for purpose of considering House amendments thereto:

HB 368. By Mr. Farrar of the 52nd:
A bill to provide evaluation and tenure for classroom teachers and all other professional personnel of local school systems except the super intendent.

The amendments of the House were as follows:
1. Amend the Senate substitute to HB 368 by changing the lan guage on Page 4, line 24, as follows: Change "you do" to "do you".
2. Amend Senate substitute to HB 368:
1) on Page 1, line 37, following the words: "nonrenewal of con tracts" by inserting the following words "for an employee who was on the payroll and under contract on the beginning day of the current school year.";
2) Amend on Page 1, line 46, following the words "the foregoing" by inserting the following words "to repeal an act;";
3) Amend by striking from Section 7A(f), Page 5, line 191, the words: "employee employed under a contract for a definite term," and substitute in lieu thereof the words, "employee who was on the payroll and under contract on the beginning day of the current school year,";
4) Amend by inserting in Section 7A(f), Page 5, line 195, following the words: "When such notice is not given ..." the words "to an employee who was on the payroll and under contract on the beginning day of the current school year,";
5) Amend by striking from Section 7A(f), Page 6, line 203, the words: "employee employed under a contract for a definite term," and

THURSDAY, FEBRUARY 14, 1974

1163

substituting in lieu thereof the words, "employee who was on the payroll and under contract on the beginning day of the current school year";

6) Amend Section 4, Page 9, lines 306 and 307, as follows:

Section 4. The following Act is specifically repealed: An Act entitled "Civil Service for Teachers, etc." approved March 20, 1937, Ga. Laws 1937, p. 879.;
7) Present Section 4 would become Section 5, reading as follows:
"Section 5. All laws and parts of laws in conflict with this Act are hereby repealed."

Senator Starr of the 44th moved that the Senate agree to the House amend ments to the Senate substitute to HB 368.

On the motion, the ayes were 37, nays 1; the motion prevailed, and the House amendments to the Senate substitute to HB 368 were agreed to.

HB 1177. By Mr. Murphy of the 18th:
A bill to amend an Act creating the office of County Commissioner of Haralson County, so as to change the salary of the County Commis sioner.

The House amendment was as follows: Amend the Senate amendment to HB 1177 as follows: By striking the following: "twelve thousand and one ($12,001.00)",
and inserting in lieu thereof the following: "thirteen thousand ($13,000.00)".

Senator Parker of the 31st moved that the Senate agree to the House amend ment to the Senate amendment to HB 1177.
On the motion, the ayes were 34, nays 0; the motion prevailed, and the House amendment to the Senate amendment to HB 1177 was agreed to.

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

SR 305. By Senator Hudgins of the 15th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; to change the defini tion of the term "disabled veteran"; to provide for a homestead exemp tion for the unremarried widow or minor children of certain disabled veterans; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking the seventh paragraph of Article VII, Section I, Paragraph IV in its entirety and inserting in lieu thereof a new seventh paragraph, to read as follows:
"Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $17,500.00 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 pur poses. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term 'disabled vet eran', 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 wheelchair, 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 or organic disease or injury which so affect the func tions of balance or propulsion as to preclude locomotion without re sort to a wheelchair. The unremarried widow or minor children of any such disabled veteran, as defined herein, shall also be entitled to an exemption of $17,500.00 on the homestead so long as the unre married widow or minor children continue to actually occupy the home as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal and school purposes. The State Revenue Commissioner is hereby authorized and directed to notify each tax collector, tax receiver and tax commissioner in this State in the event this amendment to the Constitution is ratified by the electorate. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1974."

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1165

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 increase the homestead exemption for disabled veterans who
( ) NO have been disabled as a result of service in the armed forces, due to loss, or loss of use, of both lower ex tremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair, 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 to gether with residuals of organic diseases or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair and to provide for a homestead exemption equal to the homestead exemption received by the veteran during his lifetime for the unremarried widow or minor children of any such veteran so long as the unremarried widow or minor children continue to actually occupy the home as a residence and home stead?"

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 by Senate Holley of the 22nd, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th

Carter Cox Dean Doss Eldridge

Garrard Hamilton Henderson Hill Hudgins

1166
Jackson Johnson Kennedy Kidd Lester London Moore

JOURNAL OP THE SENATE,

Overby Parker Reynolds Riley Rowan Salter Skene

Starr Stephens Thompson Tysinger Warren Wasden Zipperer

Those voting in the negative were Senators:

Coverdell Herndon Holloway

Howard Smalley

Smith Sutton

Those not voting were Senators:

Cleland Coggin Duncan Fincher Gillis

Holley (presiding) Langford McDuffie McGill

Summers Ward Webb Young

On the adoption of the resolution, the ayes were 36, nays 7.

The resolution, having failed to receive the requisite constitutional majority, was lost.

Senator Hudgins of the 15th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 305.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:

HB 1376. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1974, in addition to any other appropri ations heretofore or hereafter made for the operation of the departments

THURSDAY, FEBRUARY 14, 1974

1167

and agencies of the State provided for herein and the purposes provided for herein.

The Speaker has appointed on the part of the House the following members thereof:
Messrs. Floyd of the 5th, Busbee of the 114th and Harris of the 8th.

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 668. By Senator McGill of the 24th:
A bill to provide for the sale or disposal of abandoned animals; to pro vide for definitions; to provide for notices; to provide for liens; to pro vide for sales and the disposition of proceeds of such sales; to pro vide for practice and procedure; to exempt certain persons from certain liabilities connected with the disposal of abandoned animals.

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, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Cleland Coverdell Cox Dean Doss Eldridge Fincher Garrard
Hamilton

Herndon Holloway Howard Hudgins Jackson Kennedy Kidd Lester London McGill Moore Parker
Reynolds

Those not voting were Senators:

Broun of 46th Carter
Coggin

Duncan Gillis
Henderson

Riley Rowan Salter Skene Smalley Smith Sutton Thompson Tysinger Warren Wasden Zipperer
Hill Holley (presiding) Johnson

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Langford McDuffie Overby

Starr Stephens Summers

Ward Webb Young

On the passage of the bill, the ayes were 38, nays 0.

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

Senator Ballard of the 45th assumed the Chair.

SB 669. By Senator McGill of the 24th:
A bill to amend Code Chapter 84-15, known as the "Georgia Veterinary Practice Act", as amended, so as to change the compensation of members of the Board of Veterinary Medicine; to define the powers of the Board of Veterinary Medicine; to provide that conviction of a felony or crime involving moral turpitude shall constitute grounds for disciplinary sanction; to provide for definitions.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Broun of 46th Brown of 47th Coverdell Cox Dean Doss Eldridge Fincher Garrard Hamilton Herndon

Holley Howard Hudgins Kennedy Kidd Lester London McGill Overby Reynolds Riley Rowan

Salter Skene Smalley Smith Stephens Sutton Thompson Tysinger Warren Wasden Zipperer

Those not voting were Senators:

Ballard (presiding) Barker Carter Cleland Coggin Duncan Gillis

Henderson Hill Holloway Jackson Johnson Langford McDuffie

Moore Parker Starr Summers Ward Webb Young

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

THURSDAY, FEBRUARY 14, 1974

1169

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

HB 1292. By Messrs. Carlisle and Brown of the 67th, Northcutt, Bailey and Johnson of the 68th:
A bill to amend Code Section 68-201 relating to registration and license of motor vehicles and chauffeurs, so as to exempt certain motorized carts from the provisions of said Code Section and for other purposes.

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

On the passage of the bill, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th
Carter Cleland Coverdell
Cox Dean Doss Eldridge Fincher Hamilton Henderson

Herndon Howard Hudgins Jackson Kennedy Kidd Lester London McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Zipperer

Those not voting were Senators:

Ballard (presiding) Coggin Duncan Garrard Gillis

Hill Holley Holloway Johnson Langford

McDuffie Summers Webb Young

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,

Senator Coverdell of the 40th moved that the following bill of the Senate, read the third time on February 12 and tabled, be removed from the table:

SB 596. By Senators Coverdell of the 40th and Herndon of the 10th:
A bill to amend Code Section 92-6402, relating to taxes payable to counties in which returns are made, so as to provide that a penalty of five (5%) percent of the tax shall accrue on taxes not paid on or before Dec. 20 of each year and interest shall accrue on unpaid taxes and penal ties at a rate of eight (8%) percent per annum plus a surcharge as determined for the applicable tax year by the State Revenue Commis sioner.

On the motion, the ayes were 33, nays 0; the motion prevailed, and SB 596 was removed from the table and placed on the Senate Calendar.

The President resumed the Chair.

Senator Johnson of the 38th moved that SB 596 be committed to the Com mittee on Banking and Finance.

Senator Coverdell of the 40th moved the previous question.

The President stated that the motion for the previous question takes prec edence.

On the motion for the previous question, Senator Rowan of the 8th called for the ayes and nays, and the call was sustained.

The President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell
Broun of 46th Brown of 47th Carter Cleland
Coggin Coverdell Cox

Dean
Doss Duncan Eldridge Hamilton
Henderson Herndon Hill

Holley
Howard Hudgins Jackson Johnson
Kennedy Kidd Langford

THURSDAY, FEBRUARY 14, 1974

1171

Lester London McDuffie Moore Overby Parker Reynolds

Riley Rowan Skene Smalley Smith Stephens Thompson

Tysinger Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Ballard Barker Fincher Garrard

Gillis Holloway McGill Salter

Starr Summers Sutton Webb

On the motion, the ayes were 44, nays 0; the motion prevailed, and SB 596 was placed before the Senate for consideration.

Senator Coverdell of the 40th offered the following substitute to the commit tee substitute to SB 596:
A BILL
To be entitled an Act to provide for penalties and interest on ad valorem taxation, under certain conditons, for all counties of this State having a population of 600,00 or more according to the United States decennial census of 1970 or any future such census and for municipali ties lying wholly or partially within such counties having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census; to provide that interest for such coun ties and municipalities shall accrue on unpaid taxes and penalties at a certain rate; to provide that execution shall issue for taxes, penalties and interest against delinquent taxpayers of such counties and munici palities; to provide relief from such delinquency penalties when a tax is challenged pursuant to the laws of this State; 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. This Act shall apply only to those counties of this State having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census and only to those municipalities lying wholly or partially within such counties having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census.
Section 2. (a) In each and every such county and municipality to which returns for ad valorem taxation are made, the taxes shall become

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delinquent if not paid by the 20th day of December in each year, or if the notice of taxes due is not sent at least 30 days before such date, then the taxes shall become delinquent on the 30th day after the notice of taxes due is sent. A penalty of five (5%) percent of the taxes due shall accrue on such taxes that are not paid before the same becomes delinquent. Interest on all taxes not paid when they first become due and on all penalties when assessed shall accrue at the rate of eight (8%) percent per annum. The appropriate officials of such counties and municipalities charged with the duty of collecting such taxes shall issue executions for all taxes, penalties and interest against each de linquent taxpayer in their respective county or municipality.

(b) No taxes which are the subject of any arbitration, equalization or other procedure for the review of tax liability allowed by the laws of this State shall be considered delinquent hereunder; provided, how ever, that the taxpayer in such a case shall first pay to the county or municipality to which such taxes are due the amount of taxes which would be due if the assessed valuation of the property subject to tax were the same as that determined for the prior tax year or the amount of taxes which would be due on the portion of assessed valuation which is not in dispute, whichever is greater; provided further, however, that a taxpayer within ten (10) days of receipt of a tax notice may petition the Superior Court of the county in which the return was made, or the Superior Court of the county wherein the major portion of the munici pality lies, as the case may be, to determine a lower amount to be paid to the county or municipality under this sentence upon a showing that the value of property subject to tax has suffered a sudden, substantial drop due to fire, storm, earthquake or other similar casualty. In the event that the taxes finally determined to be due under any such review procedure exceed the amount of taxes paid to the county or municipality under the preceding sentence, the excess amount shall bear interest at the rate provided in subsection (a) hereof from the date on which such taxes were due until they are paid in full."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Carter Cleland Coverdell Eldridge Garrard

Herndon Howard Rowan Skene Smalley Smith

Starr Tysinger Warren Wasden Young

THURSDAY, FEBRUARY 14, 1974

1173

Those voting in the negative were Senators:

Barker Bell Brown of 47th Coggin Cox Dean Doss Duncan Hamilton Henderson Hill

Holley Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie

Moore Overby Parker Reynolds Riley Salter Stephens Thompson Ward Zipperer

Those not voting were Senators:

Broun of 46th Fincher Gillis

Holloway McGill Summers

Sutton Webb

On the adoption of the substitute, the ayes were 17, nays 31, and the sub stitute offered by Senator Coverdell was lost.

The Senate Committee on Banking and Finance offered the following sub stitute to SB 596:
A BILL
To be entitled an Act to amend Code Section 92-6402, relating to taxes payable to counties in which returns are made, so as to provide for a penalty to accrue on taxes not paid on or before certain dates; to provide that interest shall accrue on unpaid taxes and penalties at a certain rate; to provide that execution shall issue for taxes, penalties and interest against delinquent taxpayers; to provide for relief from delinquency penalties when a tax is challenged pursuant to the laws of this State; to amend Code Section 92-7601, relating to executions on which interest is allowed, rate of interest and the effect of imposition of penalties, so as to change the provisions relative to rate of interest; to provide for the imposition of penalties; to provide for time of payment of taxes as to municipalities; to provide for all matters relative to the foregoing; to provide for severability; to provide for the effective date of the Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 92-6402, relating to taxes payable to coun ties in which returns are made, is hereby amended by designating the present Code Section, except for the caption thereof, as subsection (a)

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of said Code Section and by adding at the end thereof two new sub sections to be designated subsections (b) and (c) and to read as follows:

"(b) In each and every county to which returns are made, the taxes shall become delinquent if not paid by the 20th day of Decem ber in each year, or if the notice of taxes due is not sent at least 30 days before such date, then the taxes shall become delinquent on the 30th day after the notice of taxes due is sent. A penalty of five (5%) percent of the taxes due shall accrue on such taxes that are
not paid before the same become delinquent. Interest on all taxes not paid when they first become due and on all penalties when as sessed shall accrue at the rate of eight (8%) percent per annum. The tax collectors or tax commissioners shall issue executions for all taxes, penalties and interest against each delinquent taxpayer in their respective counties.

(c) No taxes which are the subject of any arbitration, equali zation or other procedure for the review of tax liability allowed by the laws of this State shall be considered delinquent hereunder; provided, however, that the taxpayer in such a case shall first pay to the county to which such taxes are due the amount of taxes which would be due if the assessed valuation of the property subject to tax were the same as that determined for the prior tax year or the amount of taxes which would be due on the portion of assessed valuation which is not in dispute, whichever is greater; provided further, however, that a taxpayer within ten (10) days of receipt of a tax notice may petition the Superior Court of the county in which the return was made to determine a lower amount to be paid to the county under this sentence upon a showing that the value of property subject to tax has suffered a sudden, substantial drop due to fire, storm, earthquake or other similar casualty. In the event that the taxes finally determined to be due under any such review procedure exceed the amount of taxes paid to the county under the preceding sentence, the excess amount shall bear interest at the rate provided in subsection (b) hereof from the date on which such taxes were due until they are paid in full."

Section 2. Code Section 92-7601, relative to executions on which interest is allowed, rate of interest and the effect of imposition of penal ties, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 92-7601 to read as
follows:

"92-7601. Executions on which interest allowed; imposition of
penalties. All executions issued for taxes due the State, any county thereof, or any municipal corporation therein, whether issued on as sessments for permanent improvements of streets or sewers of said municipal corporation, or otherwise, as to municipal taxes as well as State and county taxes, shall bear interest and be subject to the penalties provided by subsection (b) of Code Section 92-6402, re lating to taxes payable to counties in which returns are made, as
now or hereafter amended; provided, however, as to municipal taxes, the time for the payment of taxes shall be as now or here after provided by the charter or by ordinance of the municipality."

THURSDAY, FEBRUARY 14, 1974

1175

Section 3. 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 de clares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or ad judged invalid or unconstitutional.

Section 4. This Act shall be effective for all taxable years begin ning after December 31, 1973.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Cleland Coverdell Garrard

Herndon Howard Smalley Smith

Those voting in the negative were Senators:

Barker Bell Brown of 47th
Carter Coggin Cox Dean Doss Duncan Eldridge Gillis Hamilton Henderson

Hill Holley Hudgins Jackson Johnson Kennedy Kidd Langford
Lester London
McDuffie McGill Moore

Those not voting were Senators:

Ballard Fincher

Holloway Summers

Starr Tysinger Warren
Overby Parker Reynolds Riley Rowan Salter Skene Stephens Thompson Ward Wasden Young Zipperer
Sutton Webb

On the adoption of the substitute, the ayes were 11, nays 39, and the com mittee substitute was lost.

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JOURNAL OP THE SENATE,

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Carter Cleland Coverdell

Garrard Herndon Howard

Langford Tysinger Warren

Those voting in the negative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Coggin Cox Dean Doss Duncan Eldridge Gillis Hamilton Henderson

Hill Holley
Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Stephens Thompson Ward Wasden Young Zipperer

Those not voting were Senators:

Fincher Holloway

Starr Summers

Sutton Webb

On the passage of the bill, the ayes were 9, nays 41.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following resolution of the Senate, defeated on February 12 and recon sidered on February 13, was placed upon its adoption:

SR 307. By Senator Moore of the 56th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that sentenced to imprisonment for the violation of a law of this

THURSDAY, FEBRUARY 14, 1974

1177

State relating to pharmacists, pharmacy or drugs shall not be eligible for reprieve, pardon or parole, commutation of penalty or remittal of any part of a sentence; 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 XI of the Constitution is hereby amended by adding at the end thereof the following:

"The State Board of Pardons and Paroles shall not grant a re prieve, pardon or parole, or commute the penalty or remit any part of a sentence of a person who has been sentenced to imprisonment for the violation of a law of this State relating to pharmacists, pharmacy or drugs."

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 the State Board of Pardons and Paroles shall not
( ) NO grant a reprieve, pardon or parole, or commute the penalty or remit any part of a sentence of a person sentenced to imprisonment for the violation of a law of this State relating to pharmacists, pharmacy or drugs?"

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 following substitute of the Senate Committee on Special Judiciary was adopted by the Senate on February 12, 1974:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that a person sentenced to imprisonment for the violation of a law of this State relating to pharmacists, pharmacy or drugs shall not have the im position or execution of his sentence suspended, probated or paroled until at least one-third of the sentence imposed for the offense shall have been served, except in the case of conviction for a first offense; to pro-

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JOURNAL OF THE SENATE,

vide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article V, Section I, Paragraph XI of the Constitution is hereby amended by adding at the end thereof the following:

"The State Board of Pardons and Paroles shall not grant sus pension, probation or parole the sentence of a person who has been sentenced to imprisonment for the violation of a law of this State relating to pharmacists, pharmacy or drugs until at least one-third of the sentence imposed for the offense shall have been served, ex cept in the case of a conviction for a first offense."
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 the State Board of Pardons and Paroles shall
( ) NO not grant suspension, probation or parole the sentence of a person sentenced to imprisonment for the viola tion of a law of this State relating to pharmacists, pharmacy or drugs until at least one-third of the sentence imposed for the offense shall have been served, except in the case of conviction for the first offense?"
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 by substitute, was agreed to.

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

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th

Brown of 47th Carter Cox

Dean Duncan Gillis

THURSDAY, FEBRUARY 14, 1974

1179

Henderson Hill Holley Howard Hudgins Jackson Kennedy Kidd

Lester London McDuffie McGill Moore Parker Riley Smith

Stephens Thompson Tysinger Warren Wasden Young Zipperer

Those voting in the negative were Senators:

Barker Coverdell Doss Eldridge Garrard

Hamilton Herndon Johnson Langford Overby

Reynolds Rowan Smalley Ward

Those not voting were Senators:

Cleland Coggin Fincher Holloway

Salter Skene Starr

Summers Sutton Webb

On the adoption of the resolution, the ayes were 32, nays 14.

The resolution, having failed to receive the requisite constitutional majority, was lost.

The following message was received from the House through Mr. Ellard, the clerk thereof:
Mr. President:
The Speaker 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 House, to-wit:

HB 1178. By Mr. Murphy of the 18th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Commissioner of Haralson County, so as to change the compensa tion of the clerical assistant of the tax commissioner.

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

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JOURNAL OF THE SENATE,

Messrs. Murphy of the 18th, Burruss of the 21st and Floyd of the 5th.

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

HE 574. By Messrs. Adams and Smith of the 74th and others:
A resolution supporting and endorsing the construction of the Spewrell Bluff Dam Project authorized by P.L. 88-233, approved December 30, 1963.

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

HB 1178. By Mr. Murphy of the 18th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Commissioner of Haralson County, so as to change the compensation of the clerical assistant of the tax commissioner.

Senator Parker of the 31st moved that the Senate recede from its amendment to HB 1178.

On the motion, the ayes were 35, nays 0; the motion prevailed, and the Senate amendment to HB 1178 was receded from.

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

SB 674. By Senators Coggin of the 35th and Garrard of the 37th:
A bill to amend an Act creating the Board of Examiners of Practical Nurses, approved Mar. 2, 1953 (Ga. Laws 1953, Jan.-Feb., Sess., p. 333), as amended, so as to provide that the Board of Practical Nurses may set reasonable fees for examinations, lieensure, and renewal of licenses; to increase the per diem payable to members of the Board of Examiners of Practical Nurses from fifteen dollars per day to twenty-five dollars per day.

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

THURSDAY, FEBRUARY 14, 1974

1181

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell
Cox
Dean Doss Eldridge Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Jackson Johnson
Kennedy Kidd Langford Lester London McDuffie McGill Moore

Overby Parker Reynolds Riley Rowan Smalley Smith Starr Stephens Tysinger Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Cleland Duncan Fincher Hudgins

Salter Skene Summers

Sutton Thompson Webb

On the passage of the bill, the ayes were 46, nays 0.

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

SB 676. By Senators Coggin of the 35th and Garrard of the 37th:
A bill to amend Code Chapter 84-10, relating to the practice of nursing, as amended, so as to provide that the Board of Examiners of Registered Nurses may establish reasonable fees for examinations, licenses, and renewals of licenses; to lower the minimum age for registration as a graduate nurse from twenty (20) to eighteen (18) years of age; to pro vide an effective date.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the President ordered a roll call, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill

Moore Overby Parker Reynolds Riley Rowan Smalley Smith Starr Stephens Tysinger Ward Warren Wasden Young

Those not voting were Senators:

Cleland Duncan Hill Hudgins

Salter Skene Summers Sutton

Thompson Webb Zipperer

On the passage of the bill, the ayes were 45, 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 1376. By Mr. Murphy of the 18th and others:
A bill to amend an Act providing appropriations for the fiscal year 1973-74, known as the "General Appropriations Act", so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1974; to make language and other changes.

Senator Coggin of the 35th moved that the Senate adhere to its substitute to HB 1376 and that a Conference Committee be appointed.

On the motion, the ayes were 31, nays 2; the motion prevailed, and the Senate substitute to HB 1376 was adhered to.

THURSDAY, FEBRUARY 14, 1974

1183

The President appointed as a Conference Committee the following:

Senators Coggin of the 35th, Gillis of the 20th and Holley of the 22nd.

The following general bill and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 609. By Senator Bell of the 5th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended, so as to change the membership of the Board of Directors of the Authority; to provide for terms of office; to provide for non-voting members.

Senator Bell of the 5th moved the previous question.

On the motion, the ayes were 20, nays 19; the motion prevailed, and the bill was placed upon its passage.

Senator Johnson of the 38th moved that SB 609 be tabled.

On the motion, the ayes were 23, nays 9; the motion prevailed, and SB 609 was tabled.

SR 334. By Senators Tysinger of the 41st, Holley of the 22nd, Brown of the 47th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for joint introduction of bills and resolutions by Senators and Representa tives; 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 of the Constitution is hereby amended by adding a new Paragraph to be known as Paragraph XXVII, to read as follows:

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JOURNAL OF THE SENATE,

"Paragraph XXVII. Joint Introduction of Bills and Resolu tions. Bills and resolutions may be introduced jointly in either the Senate or the House of Representatives by Senators and Representatives. Any such bill or resolution must be signed by the authors and shall be treated in the same manner as bills and resolutions introduced in the Senate with only Senators as authors or bills and resolutions introduced in the House with only Repre sentatives as authors."

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 joint introduction of bills and resolutions by
( ) NO Senators and Representatives?"

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coverdell Dean Doss Duncan Eldridge Fincher Garrard

Hamilton Henderson Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford

Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Smith Starr

THURSDAY, FEBRUARY 14, 1974

1185

Stephens Thompson Tysinger

Ward Warren Wasden

Young Zipperer

Those voting in the negative were Senators Cox and Gillis.

Those not voting were Senators:

Broun of 46th Cleland Coggin Hudgins

Salter Skene Smalley

Summers Sutton Webb

On the adoption of the resolution, the ayes were 44, nays 2.

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

Senator Cox of the 21st moved that the following bill of the House be withdrawn from the Committee on Judiciary and recommitted to the Committee on Special Judiciary:

HB 1555. By Messrs. Morgan of the 70th, Tucker of the 69th, Snow of the 1st and others:
A bill to create the Prosecuting Attorneys' Council of the State of Georgia; to provide for the membership of the council, their qualifica tions, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority and responsibilities.

On the motion, the ayes were 34, nays 0; the motion prevailed, and HB 1555 was recommitted to the Committee on Special Judiciary.

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

SB 673. By Senator Fincher of the 54th:
A bill to amend the "Georgia Anatomical Gift Act" approved March 7, 1969 (Ga. Laws 1969, p. 59), so as to provide a definition of death.

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JOURNAL OF THE SENATE,

Senator Smalley of the 28th offered the following amendment:

Amend SB 673 by striking on Page 1, line 24, the word "or" and inserting in lieu thereof the word "and".

On the adoption of the amendment, the ayes were 17, 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Henderson

Herndon Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore

Overby Parker Reynolds Riley Rowan Smalley Smith
Starr Stephens Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Broun of 46th Cleland Duncan Hamilton Hill

Holley Salter Skene Summers

Sutton Thompson Tysinger Webb

On the passage of the bill, the ayes were 43, nays 0.

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

THURSDAY, FEBRUARY 14, 1974

1187

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

HB 447. By Mr. Larsen of the 27th:
A bill to authorize the governing authority of each municipality to allow bridges over, and tunnels under, any highway, street, road of public way within such municipality under certain conditions to ac commodate pedestrian traffic between private premises.
Referred to Committee on County and Urban Affairs.

HB 1407. By Mr. Larsen of the 27th:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty, so as to change the provisions relating to women; to amend Code Section 79-207, relating to citizenship rights of females, as amended, so as to change the provisions relating to rights and liabilities of females.
Referred to Committee on Judiciary.

HB 1848. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to place a limita tion upon the quantity of distilled spirits which may lawfully be possessed in any county of this State.
Referred to Committee on Temperance.

Senator Gillis of the 20th 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.

1188

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Friday, February 15, 1974

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today and was called to order by the President Pro Tempore, Senator Gillis of the 20th.

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

Senator Hudgins of the 15th moved that the Senate reconsider its action of February 14 in defeating the following resolution of the Senate:

SR 305. By Senator Hudgins of the 15th:
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 a homestead exemption for the unremarried widow or minor children of certain disabled veterans; to provide for the submission of this amend ment for ratification or rejection.

On the motion, the ayes were 29, nays 0; the motion prevailed, and SR 305 was placed on the Senate Calendar.

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

Senator Gillis, who was presiding, ordered a quorum call, and the following Senators answered to their names:

Bell Brown of 47th Carter Doss Eldridge Hamilton Hill Holley

Holloway Hudgins Kennedy Kidd McGill Overby Parker Reynolds

Rowan Skene Smith Starr Warren Wasden Zipperer

Those not answering were Senators:

Ballard Barker Broun of 46th

Cleland Coggin Coverdell

Cox Dean Duncan

FRIDAY, FEBRUARY 15, 1974

1189

Fincher Garrard Gillis (presiding) Henderson Herndon Howard Jackson Johnson

Langford Lester London McDuffie Moore Riley Salter Smalley

Stephens Summers Sutton Thompson Tysinger Ward Webb Young

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

HR 41. By Messrs. Snow of the 1st, Lee of the 114th, Russell of the 53rd and others:
A resolution proposing an amendment to the Constitution so as to provide for the terms of office, election, nomination, and appointment of certain justices and judges.

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

HB 1927. By Messrs. Wall of the 61st and Russell of the 62nd:
A bill to amend Code Section 92-4101, relating to limitations on cities' right of taxation, so as to include the City of Auburn as one of the cities and towns to which the prohibition of the Code Section does not apply.

HB 1928. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act creating a board of commissioners of Butts County, so as to provide an expense allowance for each commissioner to increase the amount of merchandise which may be purchased or sold without advertising for bids.

HB 1929. By Messrs. Smith and Adams of the 74th:
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.

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JOURNAL OP THE SENATE,

HB 1930. By Mr. Carrell of the 71st:
A bill to create and establish a Small Claims Court in and for each county having a population of not less than 22,830 and not more than 23,500; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

HB 1932. By Mr. Collins of the 122nd:
A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the provisions relating to the compensation of the chairman and members of the Board of Commissioners of Mitchell County.

HB 1933. By Mr. Irwin of the 113th:
A bill to amend the charter of the Town of Shellman in Randolph County, so as to provide for recall elections; to provide special elections for filling vacancies.

HB 1935. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act placing the coroner of Butts County upon an an nual salary, so as to change the compensation of the coroner.

HB 1936. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act placing the Sheriff of Butts County upon an an nual salary, so as to change the compensation of the Deputy Sheriffs of Butts County.

HB 1937. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act creating a new charter for the City of Barnesville, so as to change the terms of office of the mayor and councilmen; to change the date on which the municipal election is conducted.

HB 1938. By Messrs. Smith and Adams of the 74th:
A bill to provide for the submission and approval of annual budgets for the office of the sheriff in certain counties of this State.

HB 1939. By Messrs. Cole of the 6th and Turner of the 3rd:
A bill to create a board of elections in certain counties; to provide for the appointment, terms and qualifications of members.

FRIDAY, FEBRUARY 15, 1974

1191

HB 1943. By Mr. Ritchie of the llth:
A bill to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner of Habersham County; so as to change the maximum salary which the tax commissioner may be paid.

HB 1944. By Mr. Ritchie of the llth:
A bill to amend an Act abolishing the fee system and providing an annual salary for the Ordinary of Habersham County, so as to change the provi sions relative to the clerk of the ordinary.

HB 1946. By Messrs. Coleman, Jessup and Larsen of the 102nd:
A bill to amend an Act creating a new charter for the City of Eastman, so as to provide that all obligations or debts of the city shall be paid only upon warrants or vouchers.

HB 1948. By Messrs. Miles of the 79th, Sams of the 83rd, Dent of the 78th and others:
A bill to amend Code Section 23-2304, relating to burial of paupers, so as to increase the maximum allowable burial expenses for paupers in certain counties.

HB 1949. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette Couny and providing an annual salary in lieu thereof so as to change the compensation of said sheriff.

HB 1950. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act abolishing the fee system of compensation for the Ordinary of Fayette County and providing an annual salary in lieu thereof so as to change the compensation of the ordinary.

HB 1951. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act creating the office of Tax Commissioner of Fayette County, so as to change the compensation of the tax commissioner.

HB 1952. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act incorporating the Town of Tyrone, so as to change the corporate limits of the town.

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JOURNAL OF THE SENATE,

HB 1955. By Messrs. Bennett, Patten and Reaves of the 124th:
A bill to amend an Act incorporating the Town of Remerton, so as to change the name of the town of Remerton to the City of Remerton; to change the provisions relating to the election of the mayor and council.

HB 1957. By Messrs. Nix and Duke of the 20th, Atherton of the 19th and others:
A bill to change the boundaries of the seven Education Districts of the Cobb County School District; to provide for education districts.

HB 1958. By Messrs. Patten and Bostick of the 123rd:
A bill to amend an Act abolishing the mode of compensating the Sheriff of Cook County known as the fee system and providing in lieu thereof an annual salary, so as to change the provision relating to reimbursing the sheriff for expenses incurred in feeding prisoners.

HB 1960. By Messrs. Sams of the 83rd, Beckham of the 82nd and others:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Richmond, so as to change the term of the grand jury of Richmond County which shall submit each year to the gov erning authority of Richmond County a list of three certified public ac counting firms from which the firm which shall audit the county taxes is chosen.

HB 1964. By Mr. Bray of the 66th:
A bill to amend an Act placing the Sheriff of Talbot County on an annual salary, so as to change the provisions relating to the expenses of the sheriff's office.

HB 1965. By Mr. Bray of the 66th:
A bill to amend an Act providing for the compensation of the chairman and members of the Board of Commissioners of Meriwether County, so as to change the compensation of the chairman and members of the Board of Commissioners of Meriwether County.

HB 1966. By Mr. Oxford of the 101st:
A bill to amend an Act creating the State Court of Sumter County, for merly the Civil and Criminal Court of Sumter County, so as to permit the judge of said court to practice law in any court except the State Court of Sumter County.

FRIDAY, FEBRUARY 15, 1974

1193

HB 1967. By Messrs. Ware, Mullinax and Knight of the 65th:
A bill to amend an Act creating a new charter for the City of Hogansville in the County of Troup, so as to extend the corporate limits of the city.

HB 1968. By Messrs. Snow of the 1st, Floyd of the 5th and others:
A bill to amend an Act providing a salary for the official court reporter of the Lookout Mountain Judicial Circuit, so as to change the salary of said court reporter.

HB 1973. By Messrs. Irvin of the 10th, Ritchie of the llth and Twiggs of the 4th:
A bill to amend an Act abolishing the fee system existing in the Superior Courts of the Mountain Judicial Circuit as applied to the official court reporter in felony cases and providing compensation and salary for said official court reporter for attendance upon court in felony cases in the Superior Courts and for reporting and transcribing felony cases, so as to change the compensation of the court reporter.

HB 1976. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the office of tax commissioner, so as to change the provisions relative to the compensation of the assistants for the tax commissioner.

HB 1977. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act fixing the compensation of the clerk of the superior court of Bulloch County, so as to change the provisions relative to the compensation of the deputy clerk and other assistants to the clerk.

HB 1978. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act creating a Board of Commissioners of Bulloch County, so as to change the provisions relative to clerical assistants.

HB 1979. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act providing an annual salary for the ordinary of Bulloch County, so as to change the provisions relative to the amount allowed for clerical help.

HB 1980. By Messrs. Lane and Nessmith of the 76th: A bill to amend an Act placing the sheriff of Bulloch County on an annual

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JOURNAL OF THE SENATE,

salary, so as to change the provisions relative to the compensation of the sheriff's deputies.

HB 1984. By Messrs. Miles of the 79th, Sams of the 83rd and others:
A bill to amend an Act changing from the fee to the salary system cer tain county officers of all counties in the State having a population of not less than 145,000 and not more than 165,000, so as to change the compensation provisions relative to employees in the sheriff's office.

HB 1985. By Mr. Tucker of the 69th: A bill to provide for a new Board of Commissioners of Henry County.

HB 1986. By Mr. Tucker of the 69th:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of Henry County.

HB 1987. By Mr. Tucker of the 69th:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary, so as to change the compensation of the tax commissioner of Henry County.

HB 1993. By Messrs. Dorminy and Hudson of the 115th:
A bill to amend an Act placing the Clerk of the Superior Court of Worth County on a salary basis, so as to change the compensation of said officer.

HB 1994. By Messrs. Dorminy and Hudson of the 115th:
A bill to provide an annual salary for the sheriff of each county in this State with certain populations, to provide a procedure for fixing said salary.

HB 1919. By Mr. Matthews of the 62nd:
A bill to amend an Act approved August 24, 1872 entitled "An Act to amend the charter of the Town of Athens", so as to empower the govern ing authority of the Mayor and Council by ordinance to impose, assess, levy and collect an excise or transfer, or the dispensing of malt beverages and wine by wholesale dealers thereof within the City of Athens.

FRIDAY, FEBRUARY 15, 1974

1195

HB 1926. By Messrs. Wall of the 61st and Russell of the 62nd:
A bill to amend an Act to create a new charter for the Town of Auburn, so as to change the corporate limits of said town; to change the residency requirement for voting in the elections of said town.

HB 1931. By Mr. Collins of the 122nd:
A bill to create the Hinsonton Water Authority.
HB 1900. By Messrs. Savage of the 30th, Horton of the 43rd and Townsend of the 24th:
A bill to amend an Act creating the Motion Picture and Television Ad visory Committee within the Department of Industry and Trade, so as to repeal a specific section.
HB 1507. By Messrs. Ware of the 65th, Dean of the 17th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", so as to provide that the emergency powers of the Governor shall include the power to designate any and all peace officers and law en forcement personnel to enforce the penal and criminal statutes of this State in any portion of the State which the Governor declares to be in a state of emergency or disaster.
HB 1508. By Messrs. Ware of the 65th, Wall of the 61st and others: A bill to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, so as to authorize certain private motor vehicles to operate with flashing or revolving red lights upon certification of the necessity thereof by the State Director of Civil Defense to the Depart ment of Public Safety.
HB 1509. By Messrs. Dean of the 17th, Wood of the 9th and others: A bill to amend an Act known as the "Interstate Civil Defense and Disas ter Compact Act", so as to make the Compact applicable to searches, rescues, actions to increase capability to deal with disasters, and incidents endangering public health or safety which require special equipment, per sonnel or training.
HB 1527. By Mr. Matthews of the 62nd: A bill to amend an Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, so as to provide that any present or future employee of the Department of Urban Renewal of the City of Athens shall be entitled to an option as to whether or not to participate in or decline coverage under the Pension Plan of the City of Athens.

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JOURNAL OF THE SENATE,

HB 1528. By Messrs. Snow of the 1st, Walker of the 100th and others:
A bill to amend an Act providing that the State may appeal certain judgments, so as to provide that in the event a demand for trial has been filed, such demand shall be held in abeyance until after a certain date.

HB 1633. By Messrs. Busbee, Hutchinson, Hatcher and Odom of the 114th:
A bill to provide for an additional Judge of the Superior Court of the Dougherty Judicial Circuit; to provide for the appointment of the first additional Judge by the Governor.

HB 1601. By Messrs. Wood of the 9th, Ware of the 65th and Lewis of the 77th:
A bill to amend an Act providing for additional points for certain appli cants taking examinations given by any examining board or commission whose records are maintained by the Joint Secretary, State Examining Boards, so as to provide for additional classes of applicants.

HB 1735. By Mr. Busbee of the 114th:
A bill to amend an Act known as the "Georgia Water Quality Control Act", so as to change the definition of the term "pollution"; to define the term "effluent limitations"; to require the establishment or revision of effluent limitations; to require the performance of any and all acts neces sary to carry out the purposes and requirements of the Act and of the Federal Water Pollution Control Act, as amended.

HB 1815. By Messrs. Burton of the 47th, Wheeler of the 127th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide certain requirements relative to the certification of teachers, principals and guidance counselors.

HB 1863. By Messrs. Lewis and McCracken of the 77th:
A bill to amend an Act creating the Small Claims Court of Burke County, so as to change the provisions relative to the supplies and materials neces sary for the operation of said court.

HB 1870. By Mr. Peters of the 2nd:
A bill to amend an Act incorporating the City of Ringgold, so as to change the corporate limits of the City of Ringgold; to change the provi sions relating to the compensation of the mayor and aldermen.

HB 1883. By Mr. Gignilliat of the 105th: A bill to amend the several Acts relating to and incorporating the Mayor

FRIDAY, FEBRUARY 15, 1974

1197

and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah.

HB 1892. By Messrs. Murphy of the 18th, Colwell of the 4th and others:
A bill to amend Code Section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Code", so as to define, for purposes of the State Properties Code, amendments to any existing Lease, and to prescribe the procedure to be followed in the preparation, approval and execution of said amendments.

HB 1893. By Messrs. Murphy of the 18th, Colwell of the 4th and others:
A bill to amend Code Section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Code", so as to permit the State Properties Commission to perform all terms including, but not lim ited to, termination, satisfy all conditions, fulfill all requirements, and discharge all obligations and duties contained in all Leases or contracts of sale of the Property which provide that the Commission is empowered to act or shall act for and on behalf of the State of Georgia (lessor or seller) and which Leases or contracts of sale have heretofore been ap proved and adopted or authorized by a resolution of the General Assembly with said latter resolution being approved by the Governor.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 582. By Senators Wasden of the 2nd, Zipperer of the 3rd and Riley of the 1st:
A bill to amend an Act providing for a board of elections in certain coun ties, so as to change the jurisdiction of the board of elections; to change the qualifications of members of the board of elections; to repeal con flicting laws.

The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:
HR 541. By Mr. Brown of the 89th: A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide for the exemption from ad valorem taxation certain harvested agricultural products held in Bibb County.
HR 634. By Messrs. Murphy of the 18th, Colwell of the 4th and others: A resolution to consent to certain assignments of Lease and to approve

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JOURNAL OP THE SENATE,

and authorize the Governor, for and on behalf of the State of Georgia, to execute certain amendments to lease and one amendment to leases by which all presently leased State-owned air rights between the Forsyth Street Viaduct and the Techwood Viaduct, in Atlanta, Ga., are in corporated into one instrument, the leases being the same as now in effect.

HR 660. By Messrs. Dollar of the 63rd, Patterson and Bohannon of the 64th:
A resolution proposing an amendment to the Constitution so as to create the Douglasville-Douglas County Stadium Authority.

HR 661. By Messrs. Dean of the 60th and Mason of the 59th:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Sugar Hill 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 $5,000 per annum, shall be granted a homestead exemption of $2,000 from ad valorem taxation by said city.

HR 662. By Messrs. Coney, Dickey, Evans, Berlin, Pinkston and Brown of the 89th:
A resolution proposing an amendment to the Constitution so as to provide for the compensation of the elective members of the Board of Public Edu cation and Orphanage of Bibb County and to authorize the General As sembly to hereafter provide by local law for such compensation without the necessity of any such local law being approved in a referendum election thereon.

HR 663. By Messrs. Mason of the 59th and Wall of the 61st:
A resolution proposing an amendment to the Constitution so as to provide that residents of Gwinnett Couny who are totally disabled shall be granted a homestead exemption of $4,000 from all ad valorem taxation by said County.

HR 664. By Messrs. Mason of the 59th and Wall of the 61st: A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Snellville who are 65 years of age or over or who are totally disabled shall be granted a homestead exemption of $2,000 from ad valorem taxation by said City.
HR 665. By Messrs. Moyer of the 99th and others: A resolution proposing an amendment to the Constitution so as to autho-

FRIDAY, FEBRUARY 15, 1974

1199

rize the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County.

HR 667. By Messrs. McDaniell and Nix of the 20th and others:
A resolution proposing an amendment to the Constitution so as to provide that the governing authorities of Cobb County and of each incorporated municipality located within Cobb County shall pay one-half of the revenues, after deducting administrative cost of not more than 10%, derived from taxes authorized by the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors".

HR 666. By Messrs. Duke of the 20th, Burruss of the 21st and others:
A resolution proposing an amendment to the Constitution so as to create the Board of Elections of Cobb County and to provide for a Superinten dent of Elections.

HR 668. By Messrs. Wood, Whitmire and Williams of the 9th:
A resolution proposing an amendment to the Constitution so as to provide for a Commission of Public Safety for Forsyth County.

HR 672. By Messrs. Brown and Carlisle of the 67th:
A resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Spalding County School Dis trict who is 62 years of age or over and who has an income from aill sources, including the income of all members of the family residing within said homestead, not exceeding $6,000 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school svstem.

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

HR 688. By Messrs. Matthews of the 122nd, Nessmith of the 76th and others:
A resolution commemorating the 100th Anniversary of the Georgia De partment of Agriculture.

The House has agreed to the Senate amendment to the following resolution of the House, to-wit:

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JOURNAL OF THE SENATE,

HR 259. By Messrs. Can of the 90th, Wilson of the 94th and others:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide for the payment of $250,000 to the first person, firm or corporation which establishes a plant for the commercial production of aluminum ore from kaolin and produces a minimum of 300,000 tons annually.

The House has agreed to the Senate amendment to the following bill of the House, to-wit:

HB 568. By Mr. Greer of the 43rd:
A bill to add and provide for a chief deputy Clerk of the Criminal Court of Fulton County, and for a Director of the Traffic Violations Bureau of the Criminal Court of Fulton County.

The House has agreed to the Senate substitute to the following bill of the House, to-wit:

HB 1108. By Mr. Cole of the 6th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that when any dealer shall fail to make any return where wilful intent to defraud the State exists, he shall pay a specific penalty of 50% of the tax bill.

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

SR 368. By Senator Eldridge of the 7th: A resolution commending Mr. Sidney R. Lucas.

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

SB 707. By Senator Salter of the 17th:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the ordinary; to provide an effective date.
Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 15, 1974

1201

SB 708. By Senator London of the 50th:
*
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), as amended, so as to change the compensation of the judge and district attorney of said court; to provide that the district attorney of said court shall not practice criminal law as a defense counsel in any court in Habersham County, Georgia.
Referred to Committee on County and Urban Affairs.

SB 709. By Senator Johnson of the 38th:
A bill to amend an Act providing for persons who have not been previously convicted of felonies to be granted first offender treatment, so as to pro vide that when an order of first offender treatment has been entered, all references and records pertaining to the disposition of the case shall be considered and treated as privileged and confidential.
Referred to Committee on Judiciary.

SR 383. By Senator London of the 50th:
A resolution urging the Honorable Jimmy Carter, Governor of the State of Georgia, to approve the construction of the Spewrell Bluff Dam.
Referred to the Committee on Interstate Cooperation.

SR 387. By Senators Jackson of the 16th, Tysinger of the 41st, Garrard of the 37th and others:
A resolution creating the Business, Trade and Commerce Study Com mittee.
Referred to Committee on Rules.

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

HR 1527. By Mr. Matthews of the 62nd:
A bill to amend an Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, so as to provide that any present or future employee of the Department of Urban Renewal of the City of Athens shall be entitled to an option as to whether or not to participate in or decline coverage under the Pension Plan of the City of Athens.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1633. By Messrs. Busbee, Hutchinson, Hatcher and Odom of the 114th:
A bill to provide for an additional Judge of the Superior Court of the Dougherty Judicial Circuit; to provide for the appointment of the first additional Judge by the Governor.
Referred to Committee on Special Judiciary.

HB 1863. By Messrs. Lewis and McCracken of the 77th:
A bill to amend an Act creating the Small Claims Court of Burke County, so as to change the provisions relative to the supplies and materials neces sary for the operation of said court.
Referred to Committee on County and Urban Affairs.

HB 1870. By Mr. Peters of the 2nd:
A bill to amend an Act incorporating the City of Ringgold, so as to change the corporate limits of the City of Ringgold; to change the provi sions relating to the compensation of the mayor and aldermen.
Referred to Committee on County and Urban Affairs.

HB 1883. By Mr. Gignilliat of the 105th:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah.
Referred to Committee on County and Urban Affairs.

HB 1892. By Messrs. Murphy of the 18th, Colwell of the 4th, Harrington of the 93rd and Groover of the 75th:
A bill to amend Code Section 91-105a of the Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Code", so as to define, for purposes of the State Properties Code, amendments to any existing Lease, and to prescribe the procedure to be followed in the preparation, approval and execution of said amendments; to provide a severability clause.
Referred to Committee on Public Utilities and Transportation.
HB 1893. By Messrs. Murphy of the 18th, Colwell of the 4th, Harrington of the 93rd and Groover of the 75th:
A bill to amend Code Section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Code", so as to permit the State Properties Commission to perform all terms including, but not lim ited to, termination, satisfy all conditions, fulfill all requirements, and discharge all obligations and duties contained in all Leases or contracts

FRIDAY, FEBRUARY 15, 1974

1203

of sale of the Property which provide that the Commission is empowered to act or shall act for and on behalf of the State of Georgia (lessor or seller) and which Leases or contracts of sale have heretofore been ap proved and adopted (passed) or authorized by a Resolution of the Gen eral Assembly with said latter Resolution being approved by the Governor.
Referred to Committee on Public Utilities and Transportation.

HB 1919. By Mr. Matthews of the 62nd:
A bill to amend an Act approved August 24, 1872 entitled "An Act to amend the charter of the Town of Athens", so as to empower the gov erning authority of the Mayor and Council by ordinance to impose, as sess, levy and collect an excise or transfer, or the dispensing of malt beverages and wine by wholesale dealers thereof within the City of Athens.
Referred to Committee on County and Urban Affairs.

HB 1926. By Messrs. Wall of the 61st and Russell of the 62nd:
A bill to amend an Act to create a new charter for the Town of Auburn, so as to change the corporate limits of said town; to change the residency requirement for voting in the elections of said town.
Referred to Committee on County and Urban Affairs.

HB 1927. By Messrs. Wall of the 61st and Russell of the 62nd:
A bill to amend Code Section 92-4101, relating to limitation on cities' right of taxation, so as to include the City of Auburn as one of the cities and towns to which the prohibition of the Code Section does not apply.
Referred to Committee on County and Urban Affairs.

HB 1928. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act creating a board of commissioners of Butts County, so as to provide an expense allowance for each commissioner; to increase the amount of merchandise which may be purchased or sold without advertising for bids.
Referred to Committee on County and Urban Affairs.

HB 1929. By Messrs. Smith and Adams of the 74th:
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.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1930. By Mr. Carrell of the 71st:
A bill to create and establish a Small Claims Court in and for each county of the State having a population of not less than 22,830 and not more than 23,500; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.
Referred to Committee on County and Urban Affairs.

HB 1931. By Mr. Collins of the 122nd: A bill to create the Hinsonton Water Authority.
Referred to Committee on County and Urban Affairs.

HB 1932. By Mr. Collins of the 122nd:
A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the provisions relating to the compensation of the chairman and members of the Board of Commissioners of Mitchell County.
Referred to Committee on County and Urban Affairs.

HB 1933. By Mr. Irwin of the 113th:
A bill to amend the charter of the Town of Shellman in Randolph County, so as to provide for recall elections; to provide special elections for filling vacancies.
Referred to Committee on County and Urban Affairs.

HB 1935. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act placing the coroner of Butts County upon an an nual salary, so as to change the compensation of the coroner.
Referred to Committee on County and Urban Affairs.

HB 1936. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act placing the Sheriff of Butts County upon an an nual salary, so as to change the compensation of the Deputy Sheriffs of Butts County.
Referred to Committee on County and Urban Affairs.

HB 1937. By Messrs. Smith and Adams of the 74th: A bill to amend an Act creating a new charter for the City of Barnes-

FRIDAY, FEBRUARY 15, 1974

1205

ville, so as to change the terms of office of the mayor and councilman; to change the date on which the municipal election is conducted.
Referred to Committee on County and Urban Affairs.

HB 1938. By Messrs. Smith and Adams of the 74th:
A bill to provide for the submission and approval of annual budgets for the office of the sheriff in certain counties of this State (population of not less than 23,480 and not more than 23,565).
Referred to Committee on County and Urban Affairs.

HB 1939. By Messrs. Cole of the 6th, Turner of the 3rd:
A bill to create a board of elections in certain counties (population of not less than 51,000 and not more than 55,110) ; to provide for the appoint ment, terms and qualifications of members.
Referred to Committee on County and Urban Affairs.

HB 1943. By Mr. Ritchie of the llth:
A bill to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner of Habersham County; so as to change the maximum salary which the tax commissioner may be paid.
Referred to Committee on County and Urban Affairs.

HB 1944. By Mr. Ritchie of the llth:
A bill to amend an Act abolishing the fee system and providing an annual salary for the Ordinary of Habersham County, so as to change the provi sions relative to the clerk of the ordinary.
Referred to Committee on County and Urban Affairs.

HB 1946. By Messrs. Coleman, Jessup and Larsen of the 102nd:
A bill to amend an Act creating a new charter for the City of Eastman, so as to provide that all obligations or debts of the city shall be paid only upon warrants or vouchers.
Referred to Committee on County and Urban Affairs.

HB 1948. By Messrs. Connell of the 80th, Miles of the 79th, Sams of the 83rd and others:
A bill to amend Code Section 23-2304, relating to burial of paupers, so as to increase the maximum allowable burial expenses for paupers in certain counties (population of not less than 160,000 nor more than 165,000).
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1949. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of said sheriff.
Referred to Committee on County and Urban Affairs.

HB 1950. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act abolishing the fee system of compensation for the Ordinary of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of the ordinary.
Referred to Committee on County and Urban Affairs.

HB 1951. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act creating the office of Tax Commissioner of Fayette County, so as to change the compensation of the tax commis sioner.
Referred to Committee on County and Urban Affairs.

HB 1952. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act incorporating the Town of Tyrone, so as to change the corporate limits of the town.
Referred to Committee on County and Urban Affairs.

HB 1955. By Messrs. Bennett, Patten and Reaves of the 124th:
A bill to amend an Act incorporating the Town of Remerton, so as to change the name of the Town of Remerton to the City of Remerton; to change the provisions relating to the election of the mayor and council.
Referred to Committee on County and Urban Affairs.

HB 1957. By Messrs. Atherton of the 19th, McDaniell of the 20th, Howard of the 19th and others:
A bill to change the boundaries of the seven Education Districts of the Cobb County School District; to provide for education districts.
Referred to Committee on County and Urban Affairs.

HB 1958. By Messrs. Patten and Bostick of the 123rd:
A bill to amend an Act abolishing the mode of compensating the Sheriff of Cook County known as the fee system and providing in lieu thereof an

FRIDAY, FEBRUARY 15, 1974

1207

annual salary, so as to change the provision relating to reimbursing the sheriff for expenses incurred in feeding prisoners.
Referred to Committee on County and Urban Affairs.

HB 1960. By Messrs. Sams of the 83rd, Connell of the 80th, Beckham of the 82nd and others:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Richmond, so as to change the term of the grand jury of Richmond County which shall submit each year to the gov erning authority of Richmond County a list of three certified public ac counting firms from which the firm which shall audit the county offices is chosen.
Referred to Committee on County and Urban Affairs.

HB 1964. By Mr. Bray of the 66th:
A bill to amend an Act placing the Sheriff of Talbot County on an an nual salary, so as to change the provisions relating to the expenses of the sheriff's office.
Referred to Committee on County and Urban Affairs.

HB 1965. By Mr. Bray of the 66th:
A bill to amend an Act providing for the compensation of the chairman and members of the Board of Commissioners of Meriwether County, so as to change the compensation of the chairman and members of the Board of Commissioners of Meriwether County.
Referred to Committee on County and Urban Affairs.

HB 1967. By Messrs. Ware, Mullinax and Knight of the 65th:
A bill to amend an Act creating a new charter for the City of Hogansville in the County of Troup, so as to extend the corporate limits of the city.
Referred to Committee on County and Urban Affairs.

HB 1966. By Mr. Oxford of the 101st:
A bill to amend an Act creating the State Court of Sumter County, for merly the Civil and Criminal Court of Sumter County, so as to permit the judge of said court to practice law in any court except the State Court of Sumter County.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1968. By Messrs. Snow of the 1st, Ployd of the 5th, Cole and Foster of the 6th:
A bill to amend an Act providing a salary for the official court reporter of the Lookout Mountain Judicial Circuit, so as to change the salary of said court reporter.
Referred to Committee on Special Judiciary.

HB 1973. By Messrs. Irvin of the 10th, Ritchie of the llth and Twiggs of the 4th:
A bill to amend an Act abolishing the fee system existing in the Superior Courts of the Mountain Judicial Circuit as applied to the official court reporter in felony cases and providing compensation and salary for said official court reporter for attendance upon court in felony cases in the Superior Courts and for reporting and transcribing felony cases, so as to change the compensation of the court reporter.
Referred to Committee on Special Judiciary.

HB 1976. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the office of tax commissioner, so as to change the provisions relative to the compensation of the assistants for the tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 1977. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act fixing the compensation of the clerk of the superior court of Bulloch County, so as to change the provisions relative to the compensation of the deputy clerk and other assistants to the clerk.
Referred to Committee on County and Urban Affairs.

HB 1978. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act creating a Board of Commissioners of Bulloch County, so as to change the provisions relative to clerical assistants.
Referred to Committee on County and Urban Affairs.

HB 1979. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act providing an annual salary for the ordinary of Bulloch County, so as to change the provisions relative to the amount allowed for clerical help.
Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 15, 1974

1209

HB 1980. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act placing the sheriff of Bulloch County on an an nual salary, so as to change the provisions relative to the compensation of the sheriff's deputies.
Referred to Committee on Countv and Urban Affairs.

HB 1984. By Messrs. Miles of the 79th, Sams of the 83rd, Dent of the 78th and others: A bill to amend an Act changing from the fee to the salary system certain county officers of all counties in this State having a population of not less than 145,000 and not more than 165,000, so as to change the compen sation provisions relative to employees in the sheriff's office.
Referred to Committee on County and Urban Affairs.
HB 1985. By Mr. Tucker of the 69th: A bill to provide for a new Board of Commissioners of Henry County.
Referred to Committee on County and Urban Affairs.
HB 1986. By Mr. Tucker of the 69th: A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of Henry County.
Referred to Committee on County and Urban Affairs.
HB 1987. By Mr. Tucker of the 69th: A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary, so as to change the compensation of the tax commissioner of Henry County.
Referred to Committee on County and Urban Affairs.
HB 1993. By Messrs. Dorminy and Hudson of the 115th: A bill to amend an Act placing the Clerk of the Superior Court of Worth County on a salary basis, so as to change the compensation of said officer.
Referred to Committee on County and Urban Affairs.
HB 1994. By Messrs. Dorminy and Hudson of the 115th: A bill to provide an annual salary for the sheriff of each county in this

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JOURNAL OF THE SENATE,

State having a population of not less than 14,000 nor more than 15,000, to provide a procedure for fixing said salary.
Referred to Committee on County and Urban Affairs.

HB 1507. By Messrs. Ware of the 65th, Dean of the 17th, Gignilliat of the 105th, and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", so as to provide that the emergency powers of the Governor shall include the power to designate any and all peace officers and law en forcement personnel to enforce the penal and criminal statutes of this State in any portion of the State which the Governor declares to be in a state of emergency or disaster.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 1508. By Messrs. Ware of the 65th, Gignilliat of the 105th, Dean of the 17th, and others:
A bill to be entitled an Act to amend an Act providing that it shall be un lawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, so as to authorize certain private motor vehicles to operate with flashing or revolving red lights upon certification of the necessity thereof by the State Director of Civil Defense to the Department of Public Safety.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 1509. By Messrs. Ware of the 65th, Gignilliat of the 105th, Dean of the 17th, and others:
A bill to amend an Act known as the "Interstate Civil Defense and Disas ter Compact Act", so as to make the Compact applicable to searches, rescues, actions to increase capability to deal with disasters, and incidents endangering public health or safety which require special equipment, personnel or training.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 1528. By Messrs. Snow of the 1st, Sams of the 83rd, Walker of the 100th and Groover of the 75th:
A bill to amend an Act providing that the State may appeal certain judg ments, so as to provide that in the event a demand for trial has been filed such demand shall be held in abeyance until after a certain date.
Referred to Committee on Judiciary.

FRIDAY, FEBRUARY 15, 1974

1211

HB 1601. By Messrs. Wood of the 9th, Ware of the 65th and Lewis of the 77th:
A bill to amend an Act providing for additional points for certain appli cants taking examinations given by any examining board or commission whose records are maintained by the Joint-Secretary, State Examining Boards, so as to provide for additional classes of applicants.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 1735. By Mr. Busbee of the 114th:
A bill to amend an Act known as the "Georgia Water Quality Control Act", so as to change the definition of the term "pollution"; to define the term "effluent limitations"; to require the establishment or revision of effluent limitations; to require the performance of any and all acts necessary to carry out the purposes and requirements of the Act and of the Federal Water Pollution Control Act, as amended.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1815. By Messrs. Burton of the 47th, Wheeler of the 127th, Noble of the 48th, and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide certain requirements relative to the certi fication of teachers, principals and guidance counselors.
Referred to Committee on Elementary and Secondary Education.

HB 1900. By Messrs. Savage of the 30th, Townsend of the 24th and Horton of the 43rd:
A bill to amend an Act creating the Motion Picture and Television Ad visory Committee within the Department of Industry and Trade, so as to repeal a specific section.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HR 541. By Mr. Brown of the 89th:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide for the exemption from ad valorem taxation certain harvested agricultural products held in Bibb County.
Referred to Committee on County and Urban Affairs.

HR 660. By Messrs. Dollar of the 63rd, Patterson and Bohannon of the 64th:
A resolution proposing an amendment to the Constitution so as to create the Douglasville-Douglas County Stadium Authority.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HR 661. By Messrs. Dean of the 60th and Mason of the 59th:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Sugar Hill who are 62 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 exceeding $5,000 per annum, shall be granted a homestead exemption of $2,000 from ad valorem taxation by said city.
Referred to Committee on County and Urban Affairs.

HR 662. By Messrs. Coney, Dickey, Evans of the 89th and others:
A resolution proposing an amendment to the Constitution so as to provide for the compensation of the elective members of the Board of Public Edu cation and Orphanage of Bibb County and to authorize the General As sembly to hereafter provide by local law for such compensation without the necessity of any such local law being approved in a referendum elec tion thereon.
Referred to Committee on County and Urban Affairs.

HR 663. By Messrs. Mason of the 59th and Wall of the 61st:
A resolution proposing an amendment to the Constitution so as to provide that residents of Gwinnett County who are totally disabled shall be granted a homestead exemption of $4,000 from all ad volorem taxation by said County.
Referred to Committee on County and Urban Affairs.

HR 664. By Messrs. Mason of the 59th and Wall of the 61st:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Snellville who are 65 years of age or over or who are totally disabled shall be granted a homestead exemption of $2,000 from ad valorem taxation by said City.
Referred to Committee on County and Urban Affairs.

HR 665. By Messrs. Moyer of the 99th, Waddle of the 98th and Walker of the 100th:
A resolution proposing an amendment to the Constitution so as to au thorize the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County.
Referred to Committee on County and Urban Affairs.

HR 666. By Messrs. Duke of the 20th, Howard and Atherton of the 19th and others:
A resolution proposing an amendment to the Constitution so as to create

FRIDAY, FEBRUARY 15, 1974

1213

the Board of Elections of Cobb County and to provide for a Superin tendent of Elections.
Referred to Committee on County and Urban Affairs.

HR 667. By Messrs. Nix of the 20th, Kreeger of the 21st, Atherton of the 19th and others:
A resolution proposing an amendment to the Constitution so as to provide that the governing authorities of Cobb County and of each incorporated municipality located within Cobb County shall pay one-half of the revenues, after deducting administrative costs of not more than 10%, derived from taxes authorized by the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors".
Referred to Committee on County and Urban Affairs.

HR 668. By Messrs. Wood, Whitmire and Williams of the 9th:
A resolution proposing an amendment to the Constitution so as to pro vide for a Commission of Public Safety for Forsyth County.
Referred to Committee on County and Urban Affairs.

HR 672. By Messrs. Brown and Carlisle of the 67th:
A resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of the Spalding County School District who is 62 years of age or over and who has an income from all sources, including the income of all members of the family residing within said homestead, not exceeding $6,000 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system.
Referred to Committee on Countv and Urban Affairs.

HR 41. By Messrs. Snow of the 1st, Lee of the 114th, Russell of the 53rd and others:
A resolution proposing an amendment to the Constitution so as to pro vide for the terms of office, election, nomination, and appointment of certain justices and judges.
Referred to Committee on Judiciary.

HR 634. By Messrs. Murphy of the 18th, Colwell of the 4th, Groover of the 75th and Harrington of the 93rd:
A resolution to consent to certain assignments of Lease and to approve and authorize the Governor, for and on behalf of the State of Georgia, to execute certain amendments to lease and one amendment to leases

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by which all presently leased State-owned air rights between the Forsyth Street Viaduct and the Techwood Viaduct, in Atlanta, Ga., are incorpo rated into one instrument (said amendment to leases), the leases being the present holder of said amendment to leases being the same (Present --2044) as now in effect.
Referred to Committee on Public Utilities and Transportation.

HR 574. By Messrs. Adams and Smith of the 74th and others:
A resolution supporting and endorsing the construction of the Spewrell Bluff Dam Project authorized by P.L. 88-233, approved December 30, 1963.
Referred to Committee on Interstate Cooperation.

The following reports of standing committees were read by the Secretary:

Senator Coggin of the 35th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the follow ing bill and resolutions of the House and has instructed me, as Chairman, to re port the same back to the Senate with the following recommendations:
HB 336. Do pass as amended. HR 53. Do pass. HR 454. Do pass. HR 462. Do pass. HR 470. Do pass. HR 490. Do pass. HR 539. Do pass. HR 556. Do pass. HR 558. Do pass. HR 564. Do pass. HR 565. Do pass. HR 566. Do pass.
Respectfully submitted, Coggin of 35th District, Chairman.

FRIDAY, FEBRUARY 15, 1974

1215

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SB 692. Do pass. SB 693. Do pass. SB 694. Do pass. SB 695. Do pass. SB 696. Do pass by substitute. HB 1487. Do pass. HB 1864. Do pass. HB 1867. Do pass. HB 1868. Do pass. HB 1869. Do pass. HB 1873. Do pass. HB 1874. Do pass. HB 1886. Do pass. HB 1896. Do pass. HB 1898. Do pass. HB 1899. Do pass. HB 1903. Do pass. HB 1904. Do pass. HB 1907. Do pass. HB 1915. Do pass. HR 653. Do pass. HR 654. Do pass. HR 655. Do pass. HR 656. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

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JOURNAL OF THE SENATE,

Senator Overhy of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 698. Do pass. SB 700. Do pass. SB 701. Do pass. SB 702. Do pass. SB 705. Do pas. SB 706. Do pass. HB 1766. Do pass. HB 1776. Do pass. HB 1777. Do pass. HB 1872. Do pass as amended.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1590. Do pass as amended. Respectfully submitted, Overby of 49th District, Chairman.
Senator Kidd of the 25th 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

FRIDAY, FEBRUARY 15, 1974

1217

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 recom mendations :
SB 653. Do pass.
SB 677. Do pass.
SB 687. Do pass by substitute.

Respectfully submitted, Kidd of 25th District, Chairman.

Senator Smith of the 34th District, Chairman of the Committee on Industry and Labor, submitted the following report:
Mr. President:
Your Committee on Industry and Labor has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 634. Do pass as amended.
Respectfully submitted, Smith of 34th District, Chairman.

Senator Dean of the 6th District, Chairman of the Committee on Natural Resources and Environmental Quality, submitted the following report:
Mr. President:
Your Committee on Natural Resources and Environmental Quality 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 recommenda tions :
HB 1070. Do pass. HB 1597. Do pass.
Respectfully submitted, Dean of 6th District, Chairman.

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JOURNAL OF THE SENATE,

Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

Your Committee on Special Judiciary has had under consideration the fol lowing bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 635. Do pass by substitute.
HB 1032. Do pass by substitute.

Respectfully submitted, Cox of 21st District, Chairman.

Senator Stephens of the 36th District, Chairman of the Committee on Temperance, submitted the following report:
Mr. President:
Your Committee on Temperance has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1593. Do pass.
Respectfully submitted, Stephens of 36th District, Chairman.

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

HR 53. By Messrs. Bennett, Patten and Reaves of the 124th: A resolution compensating Mrs. Era S. Davis.

HR 454. By Messrs. Rogers and Harden of the 128th: A resolution compensating Mr. Joseph P. Barone.

HR 462. By Mr. Burruss of the 21st: A resolution compensating Mr. and Mrs. Robert Helt.

FRIDAY, FEBRUARY 15, 1974

1219

HR 470. By Mr. Lane of the 40th: A resolution compensating Mrs. Charlotte H. Bruce.

HR 490. By Mr. Shanahan of the 7th: A resolution compensating Mrs. Dave Sexton.

HR 539. By Mr. Bostick of the 123rd: A resolution compensating Mr. John C. Edmonson, Jr.

HR 556. By Mr. Logan of the 62nd: A resolution compensating Mr. Craig Loehle.

HR 558. By Mr. Logan of the 62nd: A resolution compensating Mr. Aaron Franklin Whitehead.

HR 564. By Mr. Gignilliat of the 105th: A resolution compensating Brock Corbin.

HR 565. By Mr. Gignilliat of the 105th: A resolution compensating James Minter.

HB 566. By Mr. Gignilliat of the 105th: A resolution compensatnig Joseph A. Bryan.

SB 692. By Senator Zipperer of the 3rd:
A bill to abolish the present mode of compensating the Ordinary of Bryan County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements.

SB 693. By Senator Zipperer of the 3rd: A bill to amend an Act placing the sheriff, deputy sheriff and clerk of

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JOURNAL OP THE SENATE,

the superior court of Bryan County upon an annual salary, as amended, so as to change the provisions relative to the compensation of the sheriff and deputies.

SB 694. By Senator Zipperer of the 3rd:
A bill to amend an Act abolishing the offices of tax receiver and tax collector of Bryan County and creating the office of tax commissioner, as amended, so as to change the compensation of the tax commissioner; to provide an effective date.

SB 695. By Senator Herndon of the 10th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Thomas County into the office of Tax Commissioner of Thomas County; to provide for the rights, duties and liabilities of said office; to provide for the election of the Tax Commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide the compensation of the Tax Commissioner.
SB 696. By Senator Herndon of the 10th:
A bill to create a new Board of Commissioners of Thomas County; to provide for the composition, powers and duties of said Board and for the election of the members thereof; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal specific Acts.

HB 1487. By Mr. Cole of the 6th:
A bill to amend an Act approved February 24, 1874, amending and codi fying the various acts incorporating the City of Dalton, so as to provide a comprehensive and unified pension plan for certain employees of the City of Dalton.

HB 1864. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act creating the office of commissioner of Cherokee County, so as to provide for a board of commissioners of Cherokee County.

HB 1867. By Mr. Peters of the 2nd:
A bill to amend an Act placing the Sheriff of Catoosa County on an an nual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to the deputies.

FRIDAY, FEBRUARY 15, 1974

1221

HB 1868. By Mr. Peters of the 2nd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, so as to change the compensation of the commissioner.

HB 1869. By Mr. Peters of the 2nd:
A bill to amend an Act creating the office of Tax Commissioner of Ca toosa County, so as to increase the clerical allowance of the tax com missioner.

HB 1873. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act placing certain of the county officers of Cherokee County upon an annual salary, so as to change the compensation of the sheriff of said county.

HB 1874. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act placing the clerk of the superior court and ordi nary of Dawson County upon an annual salary, so as to change the compensation of the ordinary and the deputy clerk of the superior court.

HB 1907. By Messrs. Morgan of the 70th and Tucker of the 69th: A bill to amend an Act repealing an Act incorporating the City of Covington and granting a new charter to the City of Covington, so as to change the provisions relating to the election of the mayor and councilmen.
HB 1904. By Messrs. Chance of the 112th, Gignilliat of the 105th, Blackshear of the 106th and others: A bill to create a charter for the City of Bloomingdale in the County of Chatham.
HB 1915. By Messrs. Carlisle and Brown of the 67th: A bill to amend an Act reincorporating and creating a new charter for the City of Fayetteville, so as to redefine the corporate limits of said city.
HB 1886. By Messrs. Mason of the 59th and Wall of the 61st: A bill to amend an Act incorporating the City of Lilburn in the County of Gwinnett, so as to change the election procedures for the governing authority of the said City; to increase the maximum punishment al lowed by the Recorder's Court.

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JOURNAL OF THE SENATE,

HB 1896. By Mr. Groover of the 75th:
A bill creating and establishing a Small Claims Court for Jones County, to be known as the Small Claims Court of Jones County.

HB 1898. By Messrs. Roach, Harris and Thomason of the 8th:
A bill to fix the compensation of the County Commissioner of each county of this State having a population of not less than 30,000 or more than 31,500.

HB 1899. By Messrs. Bohannon and Patterson of the 64th, Mullinax and Ware of the 65th: A bill to provide the method of filling vacancies in the membership of the Heard County Memorial Hospital Authority.
HB 1903. By Messrs. Bennett and Reaves of the 124th: A bill to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of said city; to authorize the City of Val dosta to own and operate a public transportation system in the city and in Lowndes County, and to contract for the operation of such system.
HB 1776. By Mr. Floyd of the 5th: A bill to amend an Act placing the Sheriff of Chattooga County upon an annual salary, so as to provide for the appointment of additional personnel within the Sheriff's office.
HB 1777. By Mr. Floyd of the 5th: A bill to provide that it shall be unlawful for any county officer of Chattooga County to wilfully fail or refuse to account for any county funds or to pay over to the proper fiscal authority any county funds in their charge as required by law.

HB 1872. By Mr. Irvin of the 10th:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the provisions relative to said board of com missioners; to provide the voters with certain options relative to the governing authority of Stephens County by referendum election.

HB 1766. By Mr. Snow of the 1st: A bill to create a new Charter for the City of Rossville in the County

FRIDAY, FEBRUARY 15, 1974

1223

of Walker; to amend, consolidate, and supersede all laws in force re lating to said city; to provide for incorporation.

HR 653. By Messrs. Bennett and Reaves of the 124th:
A resolution proposing an amendment to the Constitution so as to estab lish the Central Valdosta Development Authority and to provide for the powers, duties, and responsibilities of said authority.

HR 654. By Messrs. Bennett and Reaves of the 124th:
A resolution proposing an amendment to Article XI, Section I, Para graph VI of the Constitution of Georgia, so as to delegate to the re spective governing authorities of the City of Valdosta, and County of Lowndes, authority to merge and consolidate, by joint resolution, and with or without an enabling Act of the General Assembly of Georgia.

HR 655. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A resolution proposing an amendment to the Constitution so as to pro vide that each resident of the City of Riverdale who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $2,000 from all ad valorem taxation by said city.

HR 656. By Messrs. Davis, Floyd and Horton of the 56th, Harris of the 51st:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the abolishment of the fee system of compensating justices of the peace and notary public ex officio justices of the peace of DeKalb County and to provide a salary for said officers in lieu of said fees and for qualifications for said officers and for other matters relative to the foregoing.

SB 698. By Senator Reynolds of the 48th:
A bill to reincorporate the City of Winder in the County of Barrow; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for ordinances, by-laws, rules and regulations.

SB 700. By Senator London of the 50th:
A bill to abolish the present mode of compensating the Ordinary of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of

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JOURNAL OF THE SENATE,

said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments.

SB 701. By Senator London of the 50th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments.

SB 702. By Senator London of the 50th:
A bill to amend an Act creating the office of Commissioner of roads and revenues of Fannin County, as amended, so as to change the number of members on the board of commissioners; to provide for appointment of certain interim commissioners.

SB 705. By Senator London of the 50th:
A bill to amend an Act providing a new charter for the City of Helen, as amended, so as to authorize the governing authority to exercise the power of eminent domain; to change the provisions relating to the city clerk; to authorize the governing authority to regulate and tax the sale of alcoholic beverages.

SB 706. By Senators Henderson of the 33rd and Moore of the 56th:
A bill to amend an Act creating the State Court of Cobb County, for merly known as the Civil and Criminal Court of Cobb County, as amended, so as to provide for an additional judge of the State Court of Cobb County; to provide for the powers, duties, jurisdiction, privileges, immunities and compensation of said additional judge.

SB 634. By Senators London of the 50th and Kidd of the 25th:
A bill to amend Code Chapter 114-4, relating to the amount, computation and payment of compensation under the Workmen's Compensation Act, as amended, so as to provide for additional benefits to dependents of firemen, members of a rescue squad and law enforcement officers killed in the line of duty; to define certain terms; to provide for payments and the determination as to whom paid; to provide for the conclusiveness of the award.

SB 635. By Senators Starr of the 44th, Sutton of the 9th and Young of the 13th:
A bill to amend Code Section 24-822, relating to constables' powers to arrest, so as to provide that constables shall not have, nor shall they

FRIDAY, FEBRUARY 15, 1974

1225

exercise, any power of arrest, with or without a warrant, for offenses against the criminal laws of this State unless they have met all require ments and have been certified under the provisions of the "Georgia Peace Officer Standards and Training Act", approved March 10, 1970, as the same may now or hereafter be amended.

SB 653. By Senator Howard of the 42nd:
A bill to establish an Executive Center Fine Arts Committee; to provide for the appointment, qualifications, terms of office of members; to pro vide for professional advisors and compensation thereof; to prescribe certain powers and duties of the committee; to require departments, commissions, boards, agencies, officers and institutions of the State or political subdivisions thereof to cooperate with the Committee in certain respects.

SB 677. By Senators Garrard of the 37th and Rowan of the 8th:
A bill to regulate the practice of marriage and family counseling in the State of Georgia; to provide for a short title; to provide for declaration of purpose; to define certain terms; to provide for a Georgia Marriage and Family Counselor Licensing Board, the appointment of its members and its powers and duties; to authorize certain representations and activities.

SB 687. By Senator Johnson of the 38th:
A bill to provide for the continuation of community action agencies in the State of Georgia; to establish an administrative office for community assistance in the office of the Governor; to authorize appropriations for community assistance on a matching basis with local governments.

HB 1032. By Mr. Harris of the 51st:
A bill to amend Code Title 67, relating to mortgages, conveyances to secure debt and lien, so as to change the provisions relating to fore closure of mortgages on personalty.

HB 1597. By Mr. Busbee of the 114th:
A bill to amend the Natural Resources Act of 1973, so as to authorize the State of Georgia to make grants, as funds are available; to authorize the State of Georgia to enter into leases of real and personal property under certain circumstances.
HB 1590. By Mr. Greer of the 43rd: A bill to authorize the State or any county, municipality or other political subdivision to defer an employee's compensation; to authorize the State

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JOURNAL OF THE SENATE,

or any county, municipality or other political subdivision, to use such deferred compensation to provide a tax deferred compensation plan for such employee.

HB 1593. By Mr. Buck of the 87th and others:
A bill to provide that any county or municipal corporation presently or hereafter operating a public golf course and offering for retail sale food or drink as an incident thereto, may, in its discretion, also sell at retail as an incident to the operation of such golf course, malt beverages by the drink, or may refuse to sell malt beverages.

HB 1070. By Messrs. Dorminy of the 115th and Larsen of the 27th:
A bill to provide for a comprehensive soil erosion and sediment control program.

The following resolutions of the Senate and House were read and adopted:

HR 688. By Messrs. Matthews and Collins of the 122nd:
A resolution commemorating the 100th Anniversary of the Georgia Department of Agriculture.

SR 389. By Senator Doss of the 52nd: A resolution expressing regret at the passing of Dr. Ernest L. Wright.

SR 386. By Senator Jackson of the 16th: A resolution welcoming Mr. William C. Carter to the State of Georgia.

SR 381. By Senator London of the 50th: A resolution commending the lovely ladies responsible for the valentine luncheon.
SR 385. By Senator London of the 50th: A resolution expressing regret at the passing of Mr. Ben Crow.
SR 384. By Senator London of the 50th: A resolution expressing regrets at the passing of Mr. Fred Jones.

FRIDAY, FEBRUARY 15, 1974

1227

SR 388. By Senators Zipperer of the 3rd, Kennedy of the 4th and Dean of the 6th:
A resolution urging the Congress of the United States to enact certain legislation.

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 659. By Senator Coggin of the 35th:
A bill to amend an Act entitled "An Act to incorporate the City of Hapeville, Georgia; and for other purposes", so as to provide increased benefits for employees and widows of employees who retired prior to January 1, 1971.

The report 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 678. By Senator Kidd of the 25th: A bill to amend an Act placing the Ordinary of Wilkinson County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation allowable to the ordinary for clerical assistants.
The report 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 85. By Mr. Alexander of the 38th: A bill to amend an Act establishing a new charter for the City of Atlanta, relating to the "Ombudsman Chapter of the Charter of the City of Atlanta".

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JOURNAL OF THE SENATE,

The Committee on County and Urban Affairs offered the following substitute to HB 85:

A BILL

To be entitled an Act to amend an Act reincorporating the City of Atlanta, approved March 16, 1973 (Ga. Laws 1973, p. 2188), so as to
establish the office of Ombudsman; to provide for definitions; to provide for the appointment, duties, powers, compensation, qualifications and terms of office of the Ombudsman; to provide for the organization of the Ombudsman's office; to provide that certain matters are appropriate for investigation; to provide for action on complaints; to provide for consultants with certain agencies; to provide for recommendations; to provide for publication of recommendations; to provide for reports; to provide for the temporary or permanent filling of vacancies; to provide for practices and procedures; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act reincorporating the City of Atlanta, approved March 16, 1973 (Ga. Laws 1973, p. 2188), is hereby amended by adding to Article III, following Chapter 6, a new Chapter 7, to read as follows:

"Chapter 7 Ombudsman.

Section 3-701. Definitions. As used in this Chapter, unless the context clearly requires otherwise, the following words and phrases shall have the following meanings:
(a) The words 'Administrative agency' shall mean any depart ment or other governmental unit, any official, or any employee of the City of Atlanta, acting or purporting to act by reason of con nection with the City of Atlanta; provided, however the words do not include (1) any judge, (2) any member or employee of the City Council of Atlanta, or (3) the Mayor of the City of Atlanta or his personal staff.
(b) The words 'Administrative act" shall mean any action, omission, decision, recommendation, practice, or procedure of an administrative agency.
Section 3-702. Establishment of office. The office of Ombuds man is hereby established as an independent agency of the City of Atlanta, Georgia.
Section 3-703. Appointment. The Mayor of the City of Atlanta shall appoint the Ombudsman, subject to confirmation by the Coun cil.
Section 3-704. Qualifications. The Ombudsman shall be a per-

FRIDAY, FEBRUARY 15, 1974

1229

son well equipped to analyze problems of law, administration, and public policy, and shall not be actively involved in partisan affairs.

Section 3-705. Term of office, (a) The Ombudsman shall serve for a term of four years, unless removed by a vote of two-thirds of the members of the Council upon their determining that he has be come incapacitated or has been guilty of neglect of duty or mis conduct.

(b) If the office of Ombudsman becomes vacant for any cause, the Deputy Ombudsman shall serve as Acting Ombudsman, until an Ombudsman has been appointed for a full term.

Section 3-706. Salary. The Ombudsman shall receive a salary of not less than twenty thousand ($20,000.00) dollars per annum payable in equal monthly installments from the funds of the City of Atlanta. The exact amount of said salary shall be fixed by the Mayor and Council but shall not be less than the minimum salary provided herein.

Section 3-707. Organization of office, (a) The Ombudsman may select, appoint, and compensate as he may see fit (within the amount available by appropriation) such assistants and employees as he may deem necessary to discharge his responsibilities under this Chapter.

(b) The Ombudsman shall designate one of his assistants to be the Deputy Ombudsman;

(c) The Ombudsman may delegate to members of his staff any of his authority or duty under this Chapter except that of formally making recommendations to administrative agencies or reports to the Mayor of the City of Atlanta or the City Council.

Section 3-708. Powers. The Ombudsman shall have the follow ing powers:

(a) He may investigate, on complaint or on his own motion, any administrative act of any administrative agency;

(b) He may prescribe the methods by which complaints are to be made, received, and acted upon; he may determine the scope and manner of investigations to be made; and, subject to the require ments of this Chapter, he may determine the forms, frequency, and distribution of his conclusions, recommendations, and proposals;

(c) He may request and shall be given by each administrative agency the assistance and information he deems necessary for the discharge of his responsibilities; he may inspect and examine the records and documents of all administrative agencies; and he may enter and inspect premises within any administrative agency's con trol;

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(d) He may undertake, participate in, or cooperate with gen eral studies or inquiries, whether or not related to any particular administrative agency or any particular administrative act, if he believes that they may enhance knowledge about or lead to improve ments in the functioning of administrative agencies.

Section 3-709. Matters appropriate for investigation, (a) In selecting matters for his attention, the Ombudsman should address himself particularly to an administrative act that might be:

(1) contrary to law or regulation;

(2) unreasonable, unfair, oppressive, or inconsistent with the general course of an administrative agency's judgments;

(3) mistaken in law or arbitrary in ascertainments of fact;

(4) improper in motivation or based on irrelevant considera tions ;

(5) unclear or inadequately explained when reasons should have been revealed.

(6) inefficiently performed; or

(7) otherwise objectionable;

(b) The Ombudsman may concern himself also with strength ening procedures and practices which lessen the risk that objection able administrative acts will occur.

Section 3-710. Action on complaints, (a) The Ombudsman may receive a complaint from any person concerning an administrative act. He shall conduct a suitable investigation into the things com plained of unless he believes that:

(1) the complainant has available to him another remedy which he could reasonably be expected to use;

(2) the grievance pertains to a matter outside the Ombudsman's power;

(3) the complainant's interest is insufficiently related to the subject matter;

(4) the complaint is trivial, frivolous, vexatious or not made in good faith;

(5) other complaints are more worthy of attention;

FRIDAY, FEBRUARY 15, 1974

1231

(6) the Ombudsman's resources are insufficient for adequate investigation; or

(7) the complaint has been too long delayed to justify present examination of its merit.
(b) The Ombudsman's declining to investigate a complaint shall not, however, bar him from proceeding on his own motion to inquire into related problems.

(c) After completing his consideration of a complaint, even though it has not been investigated, the Ombudsman shall suitably inform the complainant and the administrative agency involved.

(d) A letter to the Ombudsman from a person in a place of detention or in a hospital or other institution under the control of an administrative agency shall be immediately forwarded, unopened, to the Ombudsman.
Section 3-711. Consultation with agency. Before announcing a conclusion or recommendation that expressly or impliedly criticizes an administrative agency or any person, the Ombudsman shall con sult with that agency or person.
Section 3-712. Recommendations, (a) If, after having con sidered a complaint and whatever material he deems pertinent, the Ombudsman is of the opinion that an administrative agency should: (1) consider the matter further, (2) modify or cancel an adminis trative act, (3) alter a regulation or ruling, (4) explain more fully the administrative act in question, or (5) take any other step, he shall state his recommendations to the administrative agency. If the Ombudsman so requests, the agency shall, within the time he has specified, inform him about the action taken on his recommendations or the reasons for not complying with them;
(b) If the Ombudsman believes that an administrative action has been dictated by a statute whose results are unfair or otherwise objectionable, he shall bring to the City Council's attention his views concerning desirable statutory change.
Section 3-713. Publication of recommendations. The Ombuds man may publish his conclusions and suggestions by transmitting them to the Mayor, the City Council or any of its committees, the press, and others who may be concerned. When publishing an opin ion adverse to an administrative agency he shall include any state ment the administrative agency may have made to him by way of explaining its past difficulties or its present rejection of the Om budsman's proposals.

Section 3-714. Reports. In addition to whatever reports he may make from time to time, the Ombudsman shall on or about February 15 of each year report to the City Council and to the Mayor con cerning the exercise of his functions during the preceding calendar

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JOURNAL OF THE SENATE,

year. In discussing matters with which he has dealt, the Ombudsman need not identify those immediately concerned if to do so would cause needless hardship. Insofar as the annual report may criticize named agencies or officials, it must include also their replies to the criticism."

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 48, 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 679. By Senator Kidd of the 25th: A bill to amend an Act creating county courts in certain designated counties of this State, as amended, so as to change the salary of the Judge of the County Court of Baldwin County; to provide for the pay ment of operating expenses of the office of the judge; to change the salary of the Solicitor of the County Court of Baldwin County; to pro vide that the offices of the judge and solicitor shall be elective offices.
The report 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 685. By Senators Coverdell of the 40th, Garrard of the 37th, Smith of the 34th and others: A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to change the provisions relative to commis sioner districts; to provide for filling vacancies; to provide for all mat ters relative to the foregoing; to provide an effective date.

FRIDAY, FEBRUARY 15, 1974

1283

.The report 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 1500. By Mr. Adams of the 36th: A bill to repeal an Act authorizing the creation of emeritus offices in certain counties; to provide that the repeal of said Act shall not affect the offices or the compensation of any person who shall have been appointed to such an emeritus office.

The report 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 1747. By Mr. Phillips of the 73rd:
A bill to amend an Act creating the board of commissioners of Columbia County, so as to provide for the election of a chairman of the board of county commissioners in the event of a vacancy.

The report 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 1748. By Mr. Phillips of the 73rd:
A bill to provide for a board of elections in certain counties (population of not less than 22,312 and not more than 22,825).

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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 48, nays 0.

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

HB 1783. By Messrs. Kreeger of the 21st, Wilson, Howard and Atherton of the 19th and Burruss of the 21st:
A bill to amend an Act creating a new charter for the City of Dallas, so as to change the composition of the wards of said City.

The report 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 1784. By Mr. Lewis of the 77th:
A bill to reincorporate the City of Wadley in the County of Jefferson; to create a new charter for said city.

The report 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 1786. By Mr. Oxford of the 101st:
A bill to amend an Act entitled "An Act to amend, revise, and consolidate the several Acts granting corporate authority of the City of Americus, to convey additional power upon the Mayor and City Council of Americus, to extend the corporate limits of said city", so as to authorize the Mayor and Council of the City of Americus to provide off-street parking

FRIDAY, PEBPUARY 15, 1974

1235

facilities for motor vehicles and to impose reasonable charges for the use of such facilities.

The report 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 1802. By Messrs. McCracken and Lewis of the 77th:
A bill to amend an Act establishing a new charter for the City of Louis ville, so as to extend the corporate limits of said city.

The report 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 1803. By Messrs. McCracken and Lewis of the 77th:
A bill to repeal and replace the charter of the Town of Bartow, so as to create a new charter for said town.

The report 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 1828. By Messrs. Bohannon and Patterson of the 64th:
A bill to incorporate the City of Temple in the County of Carroll; to create a charter for said city.

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JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 48, nays 0.

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

HB 1830. By Mr. Shanahan of the 7th:
A bill to provide for the office of Commissioner of Gordon County; to provide the procedures connected therewith; to repeal an Act creating the office of Commissioner of Gordon County, approved August 4, 1920.

The report 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 1838. By Messrs. Jessup, Larsen and Coleman of the 102nd:
A bill to amend an Act placing the Sheriff of Pulaski County upon an annual salary, so as to change the compensation provisions relating to the deputy sheriff.

The report 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 1852. By Mr. Groover of the 75th:
A bill creating and establishing a small claims court for Monroe County to be known as the Small Claims Court of Monroe County.

FRIDAY, FEBRUARY 15, 1974

1237

The report 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 1857. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act creating the Cherokee County Water Authority, so as to change the name of said Authority.

The report 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 1859. By Messrs. Roach and Thomason of the 8th:
A bill to amend an Act creating the office of tax commissioner of Dawson County, so as to change the compensation of the tax commissioner.

The report 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 1858. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act creating the office of commissioner of Dawson County, so as to change the compensation of the commissioner of Dawson County.

1238

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 48, nays 0.

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

HB 1860. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act placing the sheriff of Dawson County upon an annual salary, so as to change the compensation of the sheriff and his deputies.

The report 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 528. By Senators Johnson of the 38th and Stephens of the 36th:
A bill to permit municipalities and counties which establish a plannnig department to establish a zoning review board under certain circumtances.

The Committee on County and Urban Affairs offered the following substitute to SB 528:
A BILL
To be entitled an Act to amend an Act entitled "An Act to authorize the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions; to pro vide for the preparation and amendment of overall plans for the orderly growth and development of said municipalities and counties; to provide for the regulation of the subdivision of land; to provide for the regula tion of structures in mapped streets, public building sites, and public open spaces; to repeal conflicting laws; and for other purposes", approved March 13, 1957 (Ga. Laws 1957, pp. 420, et seq.), as amended, so to provide for trial of violations of ordinances adopted thereunder in the municipal courts of certain municipalities; to provide for the issuance of special use permits by the governing authority of such

FRIDAY, FEBRUARY 15, 1974

1239

municipalities under certain circumstances and to authorize conditions to be set forth in such permits; to set an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Section 12 of an Act approved March 13, 1957 (Ga. Laws 1957, pp. 420, et seq.), as amended, which grants counties and munici palities authority to plan and zone, is hereby amended to add the following thereto:

"A violation of any municipal ordinance adopted by the gov erning authority of any municipality having a population of more than 300,000 according to the United States Decennial Census of 1970, or any future such census, pursuant to the authority con ferred by this Act; as now or hereafter amended, shall also consti tute a municipal offense which may be tried in the municipal court and punished as provided in the charter or ordinances of any such municipality, each and every day any such violation occurs being hereby declared a separate offense. Any person so charged in the municipal court of any such municipality may, upon a plea of not guilty, elect to be tried for a misdemeanor and shall be bound over forthwith to an appropriate State Court for trial as by law provided."

Section 2. Section 10 of such Act (Ga. Laws 1957, pp. 420, et seq.), as amended, is hereby amended to add the following thereto:

"The governing authority of any municipality having a popula tion of more than 300,000 according to the United States Decennial Census of 1970, or any future such census, is hereby granted the power to authorize, by ordinance, such uses as it may prescribe in any established district or districts which would be otherwise prohibited by the zoning ordinance of such municipality. Such authorization:

(a) shall be designated a special use permit;

(b) may be granted subject to such reasonable conditions, including without necessarily being limited to an expiration date, as may be therein prescribed;

(c) shall not be granted unless the proposed use is generally in keeping with the comprehensive plan and serves the public convenience and welfare;

(d) does not change the zoning district and regulations then applicable to such land but shall be adopted in full compliance with all the requirements of this Act with respect to amendments to the zoning ordinance; and

(e) may be reviewed in the superior court of the county where

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JOURNAL OF THE SENATE,

the land lies by petition of any person having a substantial interest in such action who is thereby aggrieved."

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 48, 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 48, nays 0.

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

Senator Gillis of the 20th, who was presiding, ordered the morning roll call, and the following Senators answered to their names:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coverdell Dean Doss Duncan Eldridge Garrard Hamilton

Henderson Herndon Holloway Howard Jackson Johnson Kennedy Kidd Langford McGill Moore Overby Parker

Reynolds Rowan Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Warren Young Zipperer

Those not answering to their names were Senators:

Cleland Coggin Cox Fincher Gillis (presiding) Hill

Holley Hudgins Lester London McDuffie Riley

Salter Summers Ward Wasden Webb

FRIDAY, FEBRUARY 15, 1974

1241

Senator Summers was absent from the Senate due to confinement in the hospital.

Senator Smith of the 34th introduced as Chaplain, The Reverend Sam S. Cappel, of Atlanta, Georgia, who offered scripture reading and prayer.

The following is the Senate Rules Calendar for today:

SB 577. Co. Boards of Education Workmen's Compensation--employee SB 554. Rape Conviction--conditions for castration SB 564. Educational Grants Non-State Colleges--change amount SB 604. Person Seeking Admission to Bar--take examination SB 619. Motor Fuel Tax--exempt school systems SB 672. Adequate Program for Education in Georgia--provide SB 675. Practice of Nursing--define (AM) SB 681. Executive Board Georgia World Congress--relative to SB 683. Attorney General--represent financing and investment com. SR 323. Real Property--separate class of tangible property for taxation SR 357. Berrien County--conveyance of property (AM) SR 358. Berrien County--conveyance of property (AM) SR 359. Berrien County--conveyance of property (AM) HB 37. Indigent Criminals--representation (SUB) HB 214. Ad Valorem Tax for Education--exemption for cert. 62 year olds HB 569. Interstate Agreement on Detainers--change word HB 744. Purchasing Dept.--fidelity bonds covering employees HB 1104. Sales Tax Delinquent Dealers--furnish bond (AM) HB 1263. Livestock Theft--provide crime HB 1291. Sedition and Subversive Activities Act--questionnaire (AM) HB 1299. College Athletic Contest Tickets--sale provisions HB 1303. City Governing Authorities--compensation HB 1306. Eyeglasses and Sunglasses--lens requirements HB 1310. Absentee Ballot--change process of voting

1242

JOURNAL OF THE SENATE,

HB 1313. Municipal Elections Code--amendments HB 1333. Second Mortgage--regulatory authority HB 1335. Electors--change residency requirements HB 1336. City Elections--voter eligibility HB 1344. Municipal Retirement System--authority employees HB 1346. Alien and Commercial Fishing License--fees HB 1351. State Properties--install sprinkler system HB 1419. Hospital Authority--clarify meaning of term "project" HB 1431. Electrical Contractors Act--license without examination HB 1452. Food Serv. Establishment--information on menus about cert, meat HB 1504. Special Ed. Facilities--redefine "exceptional child" HB 1556. Private Employment Agencies--regulation HB 1558. Waycross Judicial Circuit--additional judge HB 1591. State Financing and Investment Com.--reimbursement HB 1594. M.F.P.E.--redefining school year and month HB 1602. Ports Authority Act--interest rate on revenue bonds (AM) HB 1632. Sale of Beef, Pork or Lamb--advertising HB 1675. Com. for Natl. Bicentennial Celebration--proceeds from contracts HR 461. Cairo, Georgia--conveyance of certain property HR 503. Bainbridge--conveyance of property HR 540. Ad Valorem Tax--exempt certain agricultural products HR 573. Ga. Historical Plates--designating an official series

The President assumed the Chair.
The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:
SB 564. By Senators Gillis of the 20th, Broun of the 46th and Zipperer of the 3rd: A bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia, approved April 14, 1971 (Ga. Laws 1971, p. 906), so as to change the amount of such grant; to provide for the inclusion of graduate and professional students.

FRIDAY, FEBRUARY 15, 1974

1243

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Dean Doss Eldridge Gillis Hamilton

Henderson Herndon Holloway Howard Jackson Kennedy Kidd Langford McGill Moore Overby Parker Reynolds Rowan

Salter Skene Smalley Smith Starr Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Coggin Duncan Fincher Garrard Hill

Holley Hudgins Johnson Lester London

McDuffie Riley Stephens Summers

On the passage of the bill, the ayes were 42, nays 0.

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

The following bill of the Senate, having been defeated on February 11 and reconsidered on February 12, was put upon its passage:

SB 604. By Senator Webb of the llth:
A bill to amend Code Title 9, relating to attorneys at law, as amended, so as to require all persons seeking admission to the bar to take an examination; to repeal provisions relating to admission by comity; to provide an effective date.

1244

JOURNAL OF THE SENATE,

The following substitute offered by Senator Johnson of the 38th was adopted on February 11:

A BILL

To be entitled an Act to amend Code Title 9, relating to attorneys at law, as amended, so as to change the provisions relating to admission to the bar by comity; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Title 9, relating to attorneys at law, as amended, is hereby amended by striking Code Section 9-202 (a), which reads as follows:

"(a) An applicant for admission under this Chapter shall be considered as meeting the prior legal practice and experience qualification required under section 9-201 (a) (6) if--

(1) he, as a licensed attorney, has engaged on a substantially full-time basis in the practice of law in a state of the United States or in the District of Columbia for time periods totalling cumulatively at least five full years within the eight-year period immediately preceding the filing date of his application under section 9-203; or

(2) he has served as a full-time judge of a court of record of any state of the United States or the District of Columbia, or of the United States, for time periods totalling cumulatively at least five full years within the eight-year period immediately preceding the filing date of his application under section 9-203; or
(3) he has been a full-time faculty member in a law school in Georgia approved by the American Bar Association for time periods totalling cumulatively at least five full years within the eight-year period immediately preceding the filing date of his application under section 9-203; or
(4) he, in any combination of the above, has had prior legal practice and experience for time periods totalling cumulatively at least five full years within the eight-year period immediately preceding the filing date of his application under section 9-203.",
in its entirety, and inserting in lieu thereof a new subsection (a) of Code Section 9-202, to read as follows:
"(a) An applicant for admission under this Chapter shall be considered as meeting the prior legal practice and experience qualification required under section 9-201 (a) (6) if he has been a full-time faculty member in a law school in Georgia approved by the American Bar Association for time periods totalling cumulatively at least five full years within the eight-year period

FRIDAY, FEBRUARY 15, 1974

1245

immediately preceding the filing date of his application under section 9-203."

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.

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton

Henderson Herndon Holloway Howard Jackson Kennedy Kidd Langford Lester McGill
Moore Overby Parker
Reynolds Riley Rowan

Those not voting were Senators:

Coggin Fincher Hill

Holley Hudgins Johnson

S alter Skene Smalley Smith Starr Stephens Button Thompson Tysinger Ward Warren Wasden Webb Young Zipperer
London McDuffie Summers

On the passage of the bill, the ayes were 47, nays 0.

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

1246

JOURNAL OP THE SENATE,

Senator Herndon of the 10th moved that SB 604 be immediately transmitted to the House.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SB 604 was immediately transmitted to the House.

The following communication from the Secretary of State, the Honorable Ben W. Fortson, was read by the Secretary:
STATE OF GEORGIA Office of Secretary of State
I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the three pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 209 through 260), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1974 Session of the Georgia General Assembly as of Tuesday, February 12, 1974, in accordance with Act No. 1294, Georgia Laws 1970. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 14th day of February, in the year of our Lord One Thousand Nine Hundred and Seventy-Four and of the Independence of the United States of America the One Hundred and Ninety-eighth.
/s/ Ben W. Fortson, Jr. Secretary of State.
209. David Louis Caprara Common Cause 1639 Corn Road Building 1, Apt. 2 Smyrna, Georgia 30080
210. Bob Knowles, Jr. Georgia Safety Council, Inc. Suite 508, Hartford Bldg. 100 Edgewood Avenue, N.E. Atlanta, Georgia 30303
211. Jack W. Houston Ga. Assn. Petroleum Retailers P. O. Box 639 Decatur, Georgia 30031
212. William L. O'Callaghan Sperry & Hutcheson Co. 4000 First National Bank Tower Atlanta, Georgia 30303

FRIDAY, FEBRUARY 15, 1974

1247

213. Vincent P. Duffy Sigma Marketing Systems, Inc. 615 South Street Garden City, N. Y. 11530
214. Phillip W. Deal Sigma Marketing Systems, Inc. 2680 Rangewood Drive Atlanta, Georgia 30345
215. Dick Welch Common Cause 1292 N. Morningside Dr., N.E. Atlanta, Georgia 30306
216. Harrison W. Bray Georgia Oilmen's Assn. 148 Cain Street, N.E. Atlanta, Georgia 30303
217. James H. Bratton, Jr. Premium Coordinating Committee 400 First National Bank Tower Atlanta, Georgia 30303
218. John L. Preston Sigma Marketing Systems, Inc. 615 South Street Garden City, N.Y. 11530
219. Trammell Vickery Registered Agent Sigma Marketing Systems, Inc. Georgia Hospital Association 4th Floor, Haas-Howell Bldg. Atlanta, Georgia 30303
220. Victor Impeciato Vittorio's Restaurant 2263 Peachtree Road, N.E. Atlanta, Georgia 30309
221. Hoyt G. Brown, Jr. Meiers Wine Cellars 4440 Scott Drive Kennesaw, Georgia 30144
222. Thomas J. Harrold, Jr. Georgia Association of Convenient Stores, Inc. Suite 401 Southern Mutual Building Athens, Georgia 30601
223. Harold L. Russell The Sperry and Hutchinson Co. 4000 First Natl. Bank Tower Atlanta, Georgia 30303

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JOURNAL OF THE SENATE,

224. John W. Watts The Sperry and Hutchinson Co. Post Office Box 656 Norcross, Georgia 30071
225. John A. Helms Life Insurance Co. of Georgia 600 West Peachtree Atlanta, Georgia 30308
226. J. D. Caswell Home Builders Assn. of Ga. 2204 Pond Road Duluth, Georgia 30136
227. Richard Lane Home Builders Assn. of Ga. 2843 Roswell Lane Columbus, Georgia 31906
228. Herbert R. Black Home Builders Assn. of Ga. 5507 Abercorn Street Savannah, Georgia 31405
229. Jeff Goolsby Home Builders Assn. of Ga. 1020 Dawson Road Albany, Georgia 31402
230. Jack 0. Grant, Jr. Home Builders Assn. of Ga. 3147 Vineville Avenue Macon, Georgia 31204
231. C. W. Edwards Home Builders Assn. of Ga. 2799 Delk Road Marietta, Georgia 30062
232. Mary Ann Blackwood League of Women Voters 3069 Rhodenhaven Drive, N.W. Atlanta, Georgia 30327
233. William J. Stembler P. 0. Box 1713 Theater Owners of Georgia Atlanta, Georgia 30031
234. Margaret P. Aiken Common Cause 1724 Ridgewood Drive, N.E. Atlanta, Georgia 30307
235. James M. Bell Sears Roebuck 1876 Audubon Drive, N.E. Atlanta, Georgia 30329

FRIDAY, FEBRUARY 15, 1974

1249

236. Mrs. Pat Chapman The Atlanta Region Open Housing Coalition 121 Memorial Drive, S.W. Atlanta, Georgia 30303
237. Morris Finley City of Atlanta 67 Vinson Drive, S.E. Atlanta, Georgia 30317
238. Mary Anne Whatley Home Builders Assn. of Metropolitan Atlanta 339 Buckhead Avenue, N.E. Atlanta, Georgia 30305
239. Norman Underwood International City Corporation 1500 Candler Building Atlanta, Georgia 30303
240. Conrad J. Sechler Registered Agent Georgia Consumer Finance Assn. Empire Mortgage and Investment Tucker Insurance Agency 3386 Stonecrest Court Atlanta, Georgia
241. William W. Suttle American Insurance Association 3445 Peachtree Road, N.E. Atlanta, Georgia 30326
242. William C. Talmadge Coca Cola Company P. O. Drawer 1734 Atlanta, Georgia 30301
243. Jim Walls AAA-Georgia Motor Club 1100 Spring Street, N.W. Atlanta, Georgia 30309
244. W. Stell Huie Registered Agent MARTA Georgia Bankers Assn. State Bar of Georgia 822 Fulton Federal Building Atlanta, Georgia 30303
245. Joseph J. Moylan Motor Vehicle Manufacturers Assn. 827 Hartford Building Atlanta, Georgia 30303

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JOURNAL OF THE SENATE,

246. Roy J. Nicholson Georgia Professional Barbers Assn. 11 W. Wieuca Road, N.W. Atlanta, Georgia 30342
247. James P. Martin, Jr. Georgia Society of Certified Public Accountants 1504 William Oliver Building Atlanta, Georgia 30303
248. William R. Black Georgia Association of Petroleum Retailers, Inc. Post Office Box 639 Decatur, Georgia 30031
249. Gretta Dewald Democratic Party of DeKalb 2231 Kodiak Drive, N.E. Atlanta, Georgia 30345
250. Kirk Quillian Bison's Book Stores 1500 Candler Building Atlanta, Georgia 30303
251. Edward W. Killorin Registered Agent Georgia Chamber of Commerce Atlanta Bar Association 4000 First Natl. Bank Tower Atlanta, Georgia 30303
252. Elizabeth Whitson Towns County GAE Towns County High School Hiawassee, Georgia 30546
253. Robert L. McKay Common Cause P. O. Box 56184 Atlanta, Georgia 30343
254. Robert W. Phillips Atlanta Hotel-Motel Assn. 1410 Rhodes-Haverty Building Atlanta, Georgia 30303
255. John F. Grigsby Common Cause 1145 W. Paces Ferry Road, N.W. Atlanta, Georgia 30327
256. Tim Clower Georgia Electric Membership Corp. Post Office Box 897 Douglasville, Georgia 30134

FRIDAY, FEBRUARY 15, 1974

1251

257. Lynwood James Georgia Electric Membership Corp. Post Office Box 897 Douglasville, Georgia 30134
258. Render Russell Amalgamated Transit Union, No. 732 1853 Detroit Avenue Atlanta, Georgia 30314
259. Paul Kelley Amalgamated Transit Union, No. 732 3445 Almond Drive College Park, Georgia 30337
260. William P. Trotter Association County Commissioners of Georgia Box 1587 LaGrange, Georgia 30240

Senator Gillis of the 20th resumed the Chair.

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

SR 357. By Senator Rowan of the 8th:
A resolution authorizing the conveyance of certain real property located in Berrien County, Georgia.

The Committee on Public Utilities and Transportation offered the following amendment:
Amend SR 357 by inserting on Page 3, line 4, following the word "that", the following:
"if the State Properties Commission grants its prior approval".

On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.

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

1252

JOURNAL OP THE SENATE,

On the adoption of the resolution, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coverdell
Cox
Doss Duncan Eldridge Garrard Hamilton Herndon

Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds

Rowan Salter Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Webb Young Zipperer

Those not voting were Senators:

Cleland Coggin Dean Fincher Gillis (presiding)

Henderson Hill Holley Hudgins London

Riley Skene Summers Wasden

On the adoption of the resolution, the ayes were 42, nays 0.

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

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

SB 101. By Senator Stephens of the 36th:
A bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the pay ment of pensions to county employees of said county, as amended, so as to authorize participation by certain officers and employees of Fulton County.

FRIDAY, FEBRUARY 15, 1974

1253

The House substitute was as follows:

A BILL

To be entitled an Act to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, par ticularly by an Act approved March 28, 1969 (Ga. Laws 1969, p. 2408), an Act approved March 30, 1971 (Ga. Laws 1971, p. 2309) and an Act approved March 31, 1972 (Ga. Laws 1972, p. 3270), so as to authorize participation by certain officers and employees of Fulton County; to change the rate of interest on installment payments for prior service credit; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, particularly by an Act approved March 28, 1969 (Ga. Laws 1969, p. 2408), an Act approved March 30, 1971 (Ga. Laws 1971, p. 2309) and an Act approved March 31, 1972 (Ga. Laws 1972, p. 3270), is hereby amended by striking Section 3 of said amendatory Act of 1969, as the same has been amended, and inserting in lieu thereof a new Section 3, to read as follows:

"Section 3. Any officer or employee coming under the terms of this Act who is in the employment of Fulton County immediately prior to the effective date of this amendment, may elect to come under the provisions of this amendment by making written applica tion to the Pension Board by December 31, 1974.

All officers and employees who shall be elected or employed after the effective date of this Act shall be required to come under the provisions of this Act, as now amended.

All pensions payable under this Act as hereby amended shall be subject to the ceiling or limitation that same shall not exceed three-quarters (%) of the average monthly salary of such officer or employee during the highest thirty-six (36) months of service, notwithstanding the fact that the years of service and the salary of the officer or employee might, except for this limitation, entitle such officer or employee to a higher pension."
Section 2. Said Act is further amended by striking from Section 1 of said amendatory Act of 1971, approved March 30, 1971 (Ga. Laws 1971, p. 2309), the following:
"prior to January 10, 1971,",
in its entirety.

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JOURNAL OF THE SENATE,

Section 3. Said amendatory Act of 1971 is further amended by striking from Section 1 the date "June 30, 1971" and inserting in lieu thereof the date "December 31, 1974".

Section 4. Said amendatory Act of 1971 is further amended by striking from the second paragraph of Section 1 the following:

"He shall have been an employee of Pulton County for five years prior to being eligible for such credit. When such employee has served five years with Fulton County he shall immediately receive five years' credit, and for each successive year thereafter he shall receive another year's credit, not to exceed ten years.",

in its entirety.

Section 5. Said amendatory Act of 1971 is further amended by striking subsection 4 of Section 2 in its entirety and inserting in lieu thereof a new subsection 4 of Section 2, to read as follows:

"4. Such officer or employee shall pay into the Pension Fund created by this Act, as amended, an amount which he would have paid into such fund had he been an employee of Fulton County during such time, plus matching funds, plus 6% interest on the total amount. The payments may be divided into thirty-six (36) equal installments bearing interest at 6% and the amount thereof deducted from any compensation due such person."

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Stephens of the 36th moved that the Senate agree to the House substitute to SB 101.

On the motion, the ayes were 33, nays 0; the motion prevailed, and the House substitute to SB 101 was agreed to.

The following resolutions of the Senate, favorably reported by the com mittees, were read the third time and put upon their adoption:

SR 358. By Senator Rowan of the 8th:
A resolution authorizing the conveyance of certain real property located in Berrien County, Georgia.

The Committee on Public Utilities and Transportation offered the following amendment:

FRIDAY, FEBRUARY 15, 1974

12B5

Amend SR 358 by inserting on Page 3, line 1, following the word : 'that", the following:

"if the State Properties Commission grants its prior approval".

On the adoption of the amendment, the ayes were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter Coverdell Cox Dean Doss Duncan Eldridge Garrard Hamilton Henderson Herndon

Holloway Howard Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds Riley Rowan

Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Broun of 46th Cleland Coggin Fincher

Gillis (presiding) Hill Holley Hudgins Jackson

Johnson London Salter Summers

On the adoption of the resolution, the ayes were 42, nays 0.

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

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JOURNAL OF THE SENATE,

SR 359. By Senator Rowan of the 8th:
A resolution authorizing the conveyance of certain real property located in Berrien County, Georgia.

The Committee on Public Utilities and Transportation offered the following amendment:
Amend SR 359 by adding on Page 2, line 7, following the word "that" the following:
"if the State Properties Commission grants its prior approval".
On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coverdell Cox Dean Doss Duncan Bldridge Garrard Hamilton Henderson Herndon

Hill Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Starr Stephens Sutton Thompson Tysinger Ward Wasden Webb Young Zipperer

Those not voting were Senators :

Ballard Cleland Coggin Fincher

Gillis (presiding) Holley Hudgins London

Smith Summers Warren

FRIDAY, FEBRUARY 15, 1974

1257

On the adoption of the resolution, the ayes were 45, nays 0.

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

Senator Herndon of the 10th moved that the following bill of the Senate be withdrawn from the consideration of the Senate:

SB 577. By Senator Herndon of the 10th:
A bill to amend Code Section 114-101, relating to the definition of em ployer and employee for purposes of the Workmen's Compensation Law, as amended, so as to provide that employees of county boards of education in counties having a population of less than 300,000 are not included within the meaning of the term "employee" unless the county board of education has adopted an appropriate resolution.
On the motion, the ayes were 39, nays 0; the motion prevailed, and SB 577 was withdrawn from consideration of the Senate.

The following bill and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:
SB 683. By Senator Holloway of the 12th: A bill to amend an Act approved April 17, 1969 (Ga. Laws 1969, p. 484), relating to the representation of State Authorities by the Attorney General so as to provide that the provisions thereof shall be applicable to the Georgia State Financing and Investment Commission.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Gillis of the 20th, who was presiding, or dered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Broun of 46th Brown of 47th Carter

Coverdell Dean Doss Eldridge

Garrard Hamilton Henderson Hill

1258
Holloway Howard Jackson Johnson Kennedy Kidd McDuffie McGill Overby

JOURNAL OF THE SENATE,

Reynolds Riley Rowan Salter Skene Smalley Starr Stephens

Button Thompson Tysinger Ward Warren Webb Young Zipperer

Those not voting were Senators:

Ballard Bell Cleland Coggin Cox Duncan Fincher

Gillis (presiding) Herndon Holley Hudgins Langford Lester

London Moore Parker Smith Summers Wasden

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

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

The President resumed the Chair.

HR 573. By Messrs. Murphy of the 18th, Carr of the 90th and others: A resolution designating an official series of Georgia historical plates.

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th
Carter Cleland

Coverdell Cox Dean Doss
Duncan Eldridge

Garrard Gillis Henderson Herndon
Hill Holloway

Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill

FRIDAY, FEBRUARY 15, 1974

Overby Parker Reynolds Riley Rowan Salter Skene Smalley Starr Stephens

Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators :

Barker Coggin Fincher

Hamilton Holley London

Moore Smith Summers

1259

On the adoption of the resolution, the ayes were 47, nays 0.

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

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

HB 1012. By Mr. Atherton of the 19th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended so as to authorize counties and certain municipali ties to levy a local sales and use tax.

Senator Coggin of the 35th assumed 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 1333. By Mr. Alexander of the 38th: A bill to amend an Act regulating charges and interests on loans secured

1260

JOURNAL OF THE SENATE,

by secondary security deeds on certain residential property subject to a prior lien or security deed, so as to provide that certain persons shall not be within the regulatory authority of the Act.

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

On the passage of the bill, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Broun of 46th Brown of 47th Cleland Duncan Eldridge Gillis Holloway Howard

Hudgins Johnson Kennedy Kidd McDuffie Reynolds Riley Rowan

Starr Stephens Sutton Ward Warren Wasden Webb Zipperer

Those voting in the negative were Senators:

Barker Bell Carter Coverdell Cox Dean Doss Hamilton

Henderson Herndon Hill Langford Lester McGill Moore

Overby Parker
Salter Skene Smalley Thompson Tysinger

Those not voting were Senators:

Coggin (presiding) Fincher Garrard

Holley Jackson London

Smith Summers Young

On the passage of the bill, the ayes were 25, nays 22.

The bill, having failed to receive the requisite constitutional majority, was lost.

FRIDAY, FEBRUARY 15, 1974

1261

Senator Johnson of the 38th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 1333.

The President resumed the Chair.

HB 214. By Mr. Burruss of the 21st and others:
A bill to exempt from all ad valorem taxation for educational purposes levied by any county or independent school district the homestead of any resident of such county or independent school district who is 62 years of age or older and has an income not exceeding $6,000 per annum.

Senator Kidd of the 25th offered the following substitute to HB 214:
A BILL
To be entitled an Act to exempt from all ad valorem taxation for edu cational purposes, levied by any county or independent school district, the homestead of any resident of such county or independent school district who is 62 years of age or older, and who has income from all sources, including income from all sources of all members of his family, not ex ceeding $6,000.00 per annum; to provide procedures for granting such exemption; 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 homestead of each resident of each independent or county school district within this State who is 62 years of age or older, and who has income from all sources, including income from all sources of all members of his family residing within said homestead, not exceed ing $6,000.00 per annum shall be exempt from all ad valorem taxation for educational purposes levied for or in behalf of such independent or county school system. No such exemption shall be granted unless an affi davit of the owner of the homestead, submitted on forms prepared for that purpose, is filed with the county tax receiver or tax commissioner in the case of residents of county school districts, or the governing authority of the owner's city in the case of residents of independent school districts, which affidavit shall state the owner's age, the amount of income received by him in the calendar year next preceding the filing of the affidavit, the income received by all members of the owner's family residing within the homestead during the calendar year next preceding filing of the affidavit, and such other additional information as may be reasonably required by the county tax receiver or tax commissioner or the municipal governing authority, as the case may be. The exemption granted by this Act shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied as a residence by one or more such owners who possess the qualifications provided for in this Act. Such exemption shall also extend to those homesteads, the title

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JOURNAL OF THE SENATE,

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 possess the qualifications provided for herein. The exemption provided for by this Act shall apply to all taxable years beginning after December 31, 1972.

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 5, 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard

Hamilton Henderson Hill Holley Howard Kennedy Kidd Langford Lester McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Starr Stephens Thompson Tysinger Warren Wasden Webb Young Zipperer

Voting in the negative were Senators Herndon and Sutton.

Those not voting were Senators:

Fincher Gillis Holloway Hudgins

Jackson Johnson London McDuffie

Smith Summers Ward

On the passage of the bill, the ayes were 43, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

FRIDAY, FEBRUARY 15, 1974

1263

Senator Sutton of the 9th asked unanimous consent that the following state ment be inserted in the Journal:

"I was forced to miss several roll call votes yesterday and today because on yesterday (Feb. 14th) I went to the doctor for diagnosis and this morning to the hospital for treatment for kidney stones."

The consent was granted.

HB 37. By Mr. Berlin of the 89th:
A bill to amend an Act known as "The Georgia Criminal Justice Act", so as to clarify the criminal proceedings in which indigent persons shall be afforded representation.

The Senate Committee on Judiciary offered the following substitute to HB 37:

A BILL

To be entitled an Act to amend an Act known as "The Georgia Crim inal Justice Act", approved April 8, 1968 (Ga. Laws 1968, p. 999), so as to expand and clarify the criminal proceedings in which indigent per sons shall be afforded representation; to change the provisions relating to assignment of attorneys; to repeal conflicting laws; and for other pur poses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act known as "The Georgia Criminal Justice Act", approved April 8, 1968 (Ga. Laws 1968, p. 999), is hereby amended by striking subsection (a) of Section 3 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) All courts of this State having jurisdiction of proceedings of a criminal nature shall, by rule of court, provide for the repre sentation of indigent persons in criminal proceedings in such court. Criminal proceedings shall mean any proceeding in which a person is charged with the violation of a local ordinance or State law and because of such violation, such person may be incarcerated in any penal institution in this State. After ascertaining that the defendant is in fact indigent, it shall provide this representation by:

(1) an arrangement whereby a judge of the court concerned will assign attorneys on an equitable basis through a systematic, co ordinated defender plan under delegation to and supervision of the clerk, or deputy clerk, of the superior court, or the clerk, or deputy clerk of the court concerned, or of an administrator appointed by the superior court for such purpose; or

(2) an arrangement whereby a nonprofit legal aid agency or agencies will be assigned to provide the representation; or

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JOURNAL OF THE SENATE,

(3) an arrangement whereby a combination of the above ar rangements will provide the representation."

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 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Cleland Coggin Cover dell Cox Dean Doss Duncan Eldridge Garrard Gillis

Hamilton Herndon Hill Howard Jackson Johnson Kennedy Kidd Langford Overby Parker Reynolds Riley Rowan Salter

Voting in the negative was Senator Henderson.

Those not voting were Senators:

Barker Fincher Holley Hollo way

Hudgins Lester London McDuffie

Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer
McGill Moore Summers

On the passage of the bill, the ayes were 44, nays 1.

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

FRIDAY, FEBRUARY 15, 1974

1265

HB 569. By Messrs. Dean of the 60th, Bennett of the 124th and Buck of the 87th:
A bill to amend an Act making Georgia a party of the Interstate Agree ment on Detainers, so as to change the word "unlawful" to the word "lawful" in Section 5 of said Act so as to clarify the meaning of the Section.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Garrard Gillis Hamilton

Henderson Herndon Hill Holley Howard Jackson Johnson Kennedy Kidd Langford Lester Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Starr Stephens
Sutton Thompson Tysinger Ward Warren Webb Young Zipperer

Those not voting were Senators:

Duncan Fincher Holloway Hudgins

London McDuffie McGill

Smith Summers Wasden

On the passage of the bill, the ayes were 46, nays 0.

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

The President announced the Senate would stand in recess from 12:00 o'clock Noon until 1:00 'clock P. M.

1266

JOURNAL OF THE SENATE,

The President called the Senate to order at 1:00 o'clock P. M.

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 1616. By Mr. Harrington of the 93rd:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", so as to permit the Commissioner of the Department of Human Resources to delegate powers and authority conferred on him to em ployees of the Department.

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

HB 744. By Messrs. Dixon of the 126th and Odom of the 114th:
A bill to amend Code Chapter 40-19, relating to the Supervisor of Pur chases, so as to authorize the Commissioner to procure fidelity bonds covering State employees except such bonds of elected State officers or other officers required to give a special bond.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Carter Coverdell Cox Dean
Doss Duncan Eldridge Garrard

Hamilton Hill Howard Hudgins Jackson Kennedy Kidd
Langford Overby Rowan Skene

Smalley Smith Stephens Thompson Tysinger Ward Warren
Wasden Web)) /ipperer

FRIDAY, FEBRUARY 15, 1974

1267

Those not voting were Senators:

Broun of 46th Brown of 47th Cleland Coggin Fincher Gillis Henderson Herndon

Holley Holloway Johnson Lester London McDuffie McGill Moore

Parker Reynolds Riley Salter Starr Summers Sutton Young

On the passage of the bill, the ayes were 32, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1306. By Mr. Wheeler of the 13th:
A bill to amend an Act prohibiting 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, so as to delete the provision prohibiting the distribution, sale or delivery of prescription eyeglasses or sunglasses unless such eyeglasses or sunglasses are fitted with lenses which meet certain requirements.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge

Garrard Hamilton Herndon Hill Howard Hudgins Jackson Kennedy Kidd Langford McGill Overby

Riley Rowan Skene Smalley Smith Stephens Thompson Tysinger Ward Warren Webb Zipperer

1268

JOURNAL OP THE SENATE,

Those not voting were Senators:

Brown of 47th Cleland Fincher Gillis Henderson Holley Holloway

Johnson Lester London McDuffie Moore Parker Reynolds

Salter Starr Summers Sutton Wasden Young

On the passage of the bill, the ayes were 36, nays 0.

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

HB 1299. By Mr. Adams of the 14th:
A bill to amend an Act regulating the sale of admission tickets to athletic contests of the colleges in the University System of Georgia, so as to re peal the provisions of said Act which make the sale of such tickets in any unauthorized place or manner unlawful.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Coggin Coverdell Dean Doss
Duncan Eldridge
Garrard

Hamilton Herndon Hill Howard Kennedy Kidd Langford Lester McGill
Overby Reynolds

Riley Rowan Skene Smalley Smith Thompson Tysinger Ward Warren
Webb Zipperer

Those voting in the negative were Senators:

Cox

Gillis

Hudgins

FRIDAY, FEBRUARY 15, 1974

1269

Those not voting were Senators:

Bell Cleland Fincher Henderson Holley Holloway Jackson

Johnson London McDuffie Moore Parker Salter

Starr Stephens Summers Button Wasden Young

On the passage of the bill, the ayes were 34, nays 3.

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

HB 1346. By Mr. Alien of the 108th and others:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, so as to change the provisions relative to additional license fees for commercial fishing boats of aliens and nonresidents.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46h Brown of 47th Carter Coverdell Cox Doss Duncan Garrard Gillis

Hamilton Herndon Hill Howard Hudgins Jackson Kennedy Langford Lester McDuffie McGill

Overby Riley Rowan Skene Smalley Smith Stephens Thompson Warren Webb Zipperer

Voting in the negative was Senator Eldridge.

1270

JOURNAL OF THE SENATE,

Those not voting were Senators:

Cleland Coggin Dean Pincher Henderson Holley Holloway

Johnson Kidd London Moore Parker Reynolds Salter

Starr Summers Sutton Tysinger Ward Wasden Young

On the passage of the bill, the ayes were 34, nays 1.

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

HB 1675. By Mr. Gignilliat of the 105th and others:
A bill to amend an Act reestablishing the Georgia Commission for Na tional Bicentennial Celebration, so as to authorize said Commission to re tain the proceeds arising from contracts and leases to be used for the purposes of the Commissioner.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coverdell Cox Dean Doss Duncan Eldridge Gillis Hamilton

Herndon Hill Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester McGill Overby Parker Reynolds

Riley Rowan Smalley Smith Starr Stephens Thompson Tysinger Ward Warren Wasden Webb Zipperer

FRIDAY, FEBRUARY 15, 1974

1271

Those not voting were Senators:

Cleland Coggin Fincher Garrard Henderson

Holley Johnson London McDuffie Moore

Salter Skene Summers Sutton Young

On the passage of the bill, the ayes were 41, nays 0.

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

HR 461. By Mr. Wamble of the 120th:
A resolution authorizing the conveyance of certain real property located in Cairo, Grady County, Georgia.

Senator Herndon of the 10th offered the following substitute to HR 461:
A RESOLUTION
Authorizing the conveyance of certain real property located in Cairo, Grady County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real prop erty located in Cairo, Grady County, Georgia, which is currently under the control and jurisdiction of the Department of Agriculture; and
WHEREAS, said real property is all that tract or parcel of land lying and being in the City of Cairo, Grady County, Georgia, and more particularly described as follows:
"A tract of land, lying and being in the City of Cairo, in Grady County, Georgia, and more particularly described as follows: Bounded on the North by the right of way of Eleventh Avenue, N.E., on the East by lands conveyed by R. A. Bell and Clayton R. Baker to Tom Linder as Commissioner of Agriculture of the State of Georgia, on the South by lands now or formerly owned by Singletary and on the West by lands owned by Leroy Ferguson."; and
WHEREAS, the above described real property is no longer needed by the Department of Agriculture or the State of Georgia, and is there fore surplus; and
WHEREAS, the City of Cairo is desirous of obtaining said tract of land for municipal purposes.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor of Georgia, acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tract or parcel of land subject to the following conditions:

(1) That said tract or parcel of land shall be conveyed to the City of Cairo; and

(2) that the conveyance of said tract or parcel of land shall be ap proved by the State Properties Commission; and

(3) that the conveyance of said tract or parcel of land shall be upon such terms and conditions and for such consideration as may be mutually agreed upon by the governing authority of the City of Cairo and the State Properties Commission.

BE IT FURTHER RESOLVED that the Commissioner of Agricul ture is hereby authorized to execute such deeds, documents and papers as may be necessary or convenient to transfer the title to such real prop erty.

On the adoption of the substitute, the ayes were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the reso lution, was agreed to by substitute.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Coverdell Cox Dean Doss Eldridge Fincher Hamilton Herndon Hill

Holloway Howard Jackson Kennedy Kidd Langford Lester McDuffie McGill Overby Parker Reynolds Riley

Rowan Skene Smalley Smith Starr Stephens Thompson Tysinger Ward Warren Wasden Webb Zipperer

FRIDAY, FEBRUARY 15, 1974

1273

Those not voting were Senators:

Barker Cleland Coggin Duncan Garrard Gillis

Henderson Holley Hudgins Johnson London

Moore Salter Summers Sutton
Young

On the adoption of the resolution, the ayes were 40, nays 0.

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

HR 503. By Mr. Willis of the 119th:
A resolution authorizing the conveyance of certain real property located in the City of Bainbridge in Decatur County, Georgia.

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

On the adoption of the resolution, the President ordered a roll call and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Coverdell Cox Dean Doss Duncan Eldridge Fincher
Garrard Herndon

Hill Holloway Howard Jackson Kennedy Kidd Langford Lester McDuffie McGill Overby Parker Riley Rowan

Those not voting were Senators:

Bell Cleland Coggin Gillis Hamilton

Henderson Holley Hudgins Johnson London

Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Warren Wasden Webb Zipperer
Moore Reynolds Summers Ward Young

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JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 41, nays 0.

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

HB 1351. By Messrs. Irvin of the 10th, Burruss of the 21st, McDonald of the 12th and others:
A bill to amend an Act authorizing a self-insurance program for all of the State's insurable property, so as to authorize the expenditure of moneys in the State Insurance and Hazard Reserve Fund to improve and protect State properties and to protect the lives of inhabitants thereof by contracting for the installation of automatic sprinkler systems and other fire protection systems.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coverdell Cox Dean Duncan Eldridge Fincher Garrard Hamilton Henderson

Herndon Hill Holloway Howard Jackson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith ' Starr Stephens Sutton Thompson Tysinger Warren Wasden Webb Zipperer

Voting in the negative was Senator Doss.

Those not voting were Senators:

Cleland Coggin Gillis Holley

Hudgins Johnson London

Summers Ward Young

FRIDAY, FEBRUARY 15, 1974

1275

On the passage of the bill, the ayes were 45, nays 1.

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

HB 1504. By Messrs. Burton of the 47th, Noble of the 48th and others:
A bill to amend an Act providing that school boards of any school dis tricts that maintain a recognized public school shall establish and main tain special education facilities, so as to change the definition of an "ex ceptional child".

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cox Dean Doss Duncan Eldridge Garrard Hamilton Henderson

Herndon Holloway Howard Kennedy Kidd Langford Lester McDuffie McGill Moore
Overby Parker Reynolds
Riley

Those not voting were Senators:

Cleland Coggin Coverdell Fincher
Gillis

Hill Holley Hudgins Jackson Johnson

Rowan Salter Skene Smalley Smith Starr Stephens Sutton Tysinger Ward Warren Webb Young Zipperer
London Summers Thompson Wasden

On the passage of the bill, the ayes were 42, nays 0.

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

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JOURNAL OF THE SENATE,

Senator Bell of the 5th moved that the following bill of the Senate, read the third time on February 14 and tabled, be removed from the table:

SB 609. By Senator Bell of the 5th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended, so as to change the membership of the Board of Directors of the Authority; to provide for terms of office; to provide for non-voting members; to repeal conflicting laws.

On the motion, the ayes were 29, nays 1; the motion prevailed, and SB 609 was removed from the table.

Senator Johnson of the 38th moved that SB 609 be indefinitely postponed.
Senator Kidd of the 25th moved the previous question.
The President stated that the call for the previous question takes precedence over the motion to indefinitely postpone.
Senator Johnson of the 38th moved that SB 609 be tabled.

The President stated the motion to table takes precedence.

On the motion to table, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Brown of 47th Cox Eldridge Hamilton Herndon Hudgins

Jackson Johnson Kennedy Kidd McDuffie McGill Parker Reynolds

Rowan S alter Starr Stephens Ward Young Zipperer

FRIDAY, FEBRUARY 15, 1974

1277

Those voting in the negative were Senators:

Bell Broun of 46th Carter Coverdell Doss Duncan Garrard Henderson

Hill Holloway Howard Langford Moore Overby Riley Smalley

Smith Sutton Thompson Tysinger Warren Wasden Webb

Those not voting were Senators:

Cleland Coggin Dean Fincher

Gillis Holley Lester

London Skene Summers

On the motion, the ayes were 23, nays 23, and the motion to table SB 609 was lost.

Senator Johnson of the 38th moved to reconsider the call for the previous question.

On the motion, the ayes were 32, nays 10, and the call for the previous question was reconsidered.

Senator Johnson of the 38th moved that SB 609 be postponed until Monday, February 18 at 11:00 o'clock A. M.

Senator Bell of the 5th moved that SB 609 be postponed until Monday, February 18, at 2:45 o'clock P. M.

Senator Warren of the 43rd moved that the Senate do now adjourn.

On the motion to adjourn, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Eldridge Kidd

Langford

Sutton

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell
Cox
Doss Duncan Garrard Hamilton Henderson Herndon

Hill Holloway Howard Hudgins Jackson Johnson Kennedy Lester McDuffie Moore Overby Parker Reynolds Riley Rowan

Salter Skene Smalley Smith Starr Stephens Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Coggin Dean Pincher

Gillis Holley London

McGill Summers

On the motion to adjourn, the ayes were 4, nays 44, and the motion was lost.

Senator Johnson of the 38th moved that SB 609 be tabled.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Coverdell Cox Eldridge Fincher

Garrard Hamilton Herndon Hudgins Johnson Kennedy Kidd Lester

McDuffie Reynolds Rowan Salter Starr Stephens Ward Zipperer

Those voting in the negative were Senators:

Bell Carter Cleland Doss

Duncan Henderson Hill Holloway

Howard Jackson Langford Moore

Overby Parker Riley Skene Smalley

FRIDAY, FEBRUARY 15, 1974

1279

Smith Sutton Thompson Tysinger

Warren Wasden Webb Young

Those not voting were Senators:

Coggin Dean Gillis

Holley London

McGill Summers

On the motion to table, the ayes were 24, nays 25; the motion was lost.

Senator Hudgins of the 15th moved that SB 609 be postponed until Monday, February 18 at 10:00 o'clock A. M.

On the motion, the ayes were 45, nays 3; the motion prevailed, and SB 609 was postponed until 10:00 o'clock A. M. Monday, February 18.

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

HB 1594. By Mr. Farrar of the 52nd: 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 change certain definitions relative to the school year and school month under certain emergency conditions.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th

Brown of 47th Carter Cleland Coverdell

Cox Dean Doss Duncan

1280
Eldridge Fincher Garrard Hamilton Henderson Herndon Hill Holloway Howard Jackson Johnson Kennedy

JOURNAL OF THE SENATE,

Kidd Langford Lester McDuffie McGill Moore Overby Parker Riley Rowan Salter Skene

Smalley Smith Starr Stephens Sutton Thompson Tysinger Warren Wasden Webb Zipperer

Those not voting were Senators:

Coggin Gillis Holley

Hudgins London Reynolds

Summers Ward Young

On the passage of the bill, the ayes were 47, nays 0.

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

Senator Overby of the 49th assumed the Chair.

HB 1632. By Mr. Edwards of the 95th and others:
A bill to prohibit certain deceptive advertising and sales practices or techniques in connection with the sale of beef, pork or lamb.

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

On the passage of the bill, Senator Overby of the 49th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter

Cleland Coverdell Cox Dean Doss Duncan

Eldridge Fincher Garrard Hamilton Henderson Herndon

Hill Holloway Howard Johnson Kennedy Kidd Langford Lester McDuffie

FRIDAY, FEBRUARY 15, 1974

1281

Moore Parker
Riley Rowan Salter Skene Smalley Smith Starr

Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Coggin Gillis Holley Jackson

London McGill Overby (presiding) Reynolds

Summers Young Zipperer

On the passage of the bill, the ayes were 44, nays 1.

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

HR 540. By Messrs. Brown of the 89th and Bostick of the 123rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, by providing that harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in this State for manufacturing or processing purposes, 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 of the Con stitution is hereby amended by adding at the end thereof the following:
"In order to encourage and enhance overall economic develop ment, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing

1282

JOURNAL OP THE SENATE,

and processing facilities, harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in this State for manufacturing or processing purposes, 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 Shall the Constitution be amended so as to provide that in order to encourage and enhance overall
( ) NO economic development, increase employment, promote agribusiness, and to provide incentives for the loca tion of new and expanding manufacturing and pro cessing facilities, harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in this State for manufacturing or processing purposes, 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.

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 by Senator Overby of the 49th, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Cleland Coverdell Cox

Dean Doss Eldridge Fincher Garrard Hamilton Henderson Herndon

Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd

Langford Lester McDuffie McGill Parker Riley Rowan

FRIDAY, FEBRUARY 15, 1974

1283

Salter Skene Starr Stephens Sutton Thompson

Tysinger Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Smalley.

Those not voting were Senators:

Bell Coggin Duncan Gillis

Holley London Moore Overby

Reynolds Smith Summers Ward

On the adoption of the resolution, the ayes were 43, nays 1.

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

The President resumed the Chair.

HB 1310. By Mr. Howell of the 118th and others:
A bill to amend Code Chapter 34-14, relating to absentee voting, so as to revise and change certain of the procedures relating to the process of voting by absentee ballots.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Broun of 46th Carter Cleland

Coverdell Cox Dean Doss

Duncan Eldridge Fincher Hamilton

1284
Henderson Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford

JOURNAL OF THE SENATE,

Lester McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter Smalley

Smith Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Ballard Bell Brown of 47th Coggin

Garrard Gillis Holley London

Skene Starr Summers Young

On the passage of the bill, the ayes were 44, nays 0.

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

HB 1335. By Mr. Howell of the 118th and others:
A bill to amend Code Chapter 34-6, relating to the registration of electors, so as to change the residence requirements for electors; to change the requirement for purging the electors; change the requirement for purging the electors list; to change the oath of the elector.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Broun of 46th Brown of 47th Carter Cleland Coverdell Cox

Doss Pincher Garrard Hamilton Henderson Herndon Hill

Howard Hudgins Jackson Johnson Kennedy Kidd Langford

Lester McDuffie McGill Overby Parker Reynolds Riley Rowan

FRIDAY, FEBRUARY 15, 1974

1285

Salter Skene Smalley Smith Starr Stephens Sutton Thompson

Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative were Senators Dean and Eldridge.

Those not voting were Senators:

Barker Bell Coggin Duncan

Gillis Holley Holloway

London Moore Summers

On the passage of the bill, the ayes were 44, nays 2.

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

Senator Holley of the 22nd assumed the Chair.
HB 1336. By Mr. Howell of the 118th and others: A bill to amend Code Title 34A, relating to municipal elections, so as to change certain of the provisions thereof relative to voter eligibility.

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, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter

Cleland Coverdell Cox Doss Garrard

Hamilton Henderson Herndon Hill Howard

1286
Jackson Johnson Kennedy Kidd Langford McDuffie McGill Overby

JOURNAL OF THE SENATE,

Parker Reynolds Riley Salter Skene Smalley Smith

Starr Stephens Tysinger Warren
Wasden Webb Zipperer

Those voting in the negative were Senators:

Dean Eldridge

Rowan

Sutton

Those not voting were Senators:

Bell Coggin Duncan Fincher Gillis

Holley (presiding) Holloway Hudgins Lester London

Moore Summers Thompson Ward Young

On the passage of the bill, the ayes were 37, nays 4.

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

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

HB 1638. By Messrs. Cole and Foster of the 6th and Turner of the 3rd:
A bill to amend an Act fixing the salaries of the judges of the superior courts, so as to change the provisions relating to salaries and compensa tion of secretaries for judges of the superior courts and district at torneys.

The President resumed the Chair.

The following general bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

FRIDAY, FEBRUARY 15, 1974

1287

SB 681. By Senator Holley of the 22nd:
A bill to amend an Act creating the Executive Board of the Georgia World Congress Center, approved March 16, 1972 (Ga. Laws 1972, p. 245).

Senator Sutton of the 9th offered the following amendment:
Amend SB 681 by striking the words:
"subject to audit" on lines 5 and 6 of Page 10, Section 15 and adding "audited"; to read "shall be audited".

On the adoption of the amendment, the ayes were 45, nays 0, and the amend ment was adopted.

Senator Holley of the 22nd offered the following amendment:
Amend SB 681 by adding on Page 8, line 6, a new sentence to read as follows:
"This Section shall not apply if built with any private funds or operated exclusively by private interests."

Senator Warren of the 43rd offered the following amendment to the amend ment offered by Senator Holley of the 22nd:
Amend the amendment to SB 681 offered by Senator Holley of the 22nd by striking the Holley amendment in its entirety and inserting in lieu thereof the following:
By adding on Page 8, line 6, a new sentence to read as follows:
"This Section shall not apply if built with any private funds or operated wholly or in part by private enterprise."

On the adoption of the amendment offered by Senator Warren of the 43rd to the amendment offered by Senator Holley of the 22nd to SB 681, Senator Rowan of the 8th called for the ayes and nays, and the call was sustained.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Barker Cleland Coverdell Cox Doss Eldridge

Garrard Hamilton Herndon Howard Hudgins Jackson Langford

Rowan Salter Skene Smalley Sutton Warren Wasden

Those voting in the negative were Senators:

Broun of 46th Brown of 47th Carter Dean Duncan Pincher Gillis Henderson Hill Holley

Johnson Kennedy Kidd Lester McDuffie McGill Moore Overby Parker Reynolds

Riley Smith Starr Stephens Thompson Tysinger Ward Webb Young Zipperer

Those not voting were Senators:

Bell Coggin

Holloway London

Summers

On the adoption of the amendment the ayes were 21, nays 30, and the amend ment offered by Senator Warren of the 43rd to the amendment offered by Senator Holley of the 22nd to SB 681 was lost.

On the adoption of the amendment offered by Senator Holley of the 22nd, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge

Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard Johnson Kennedy

Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds Rowan Skene Smith

FRIDAY, FEBRUARY 15, 1974

1289

Starr Stephens Sutton Thompson

Tysinger Ward Warren Wasden

Webb Young Zipperer

Those voting in the negative were Senators:

Barker Hudgins

Jackson Salter

Smalley

Not voting were Senators: Bell, London, Riley and Summers.

On the adoption of the amendment, the ayes were 47, nays 5, and the amend ment offered by Senator Holley of the 22nd to SB 681 was adopted.

Senator Sutton of the 9th offered the following amendment:
Amend SB 681 by deleting from lines 9 and 10 of Page 1 the following :
"to provide for exemption from taxation;"
and
by deleting Section 6 in its entirety and renumbering the subsequent sections accordingly.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Cleland Coverdell Cox Doss Eldridge Garrard

Hamilton Herndon Howard Hudgins Jackson Langford Rowan

Those voting in the negative were Senators:

Broun of 46th Brown of 47th Carter

Dean Duncan Fincher

Salter Smalley Sutton Warren Wasden Webb Young
Gillis Henderson Hill

1290
Holley Holloway Johnson Kennedy Kidd Lester McDuffie

JOURNAL OP THE SENATE,

McGill Moore Overby Parker Reynolds Riley Skene

Smith Starr Stephens Thompson Tysinger Ward Zipperer

Not voting were Senators: Bell, Coggin, London and Summers.

On the adoption of the amendment, the ayes were 22, nays 30, and the amendment was lost.

Senator Holloway of the 12th offered the following amendment:
Amend SB 681 by inserting in Section 4 after subsection (k) a new subsection to be designated as subsection (1) to read as follows:
"(1) The Board shall not be authorized to expend State funds in excess of $35,000,000, excluding interest and debt service, for the construction of the Georgia World Congress Center, and shall not be authorized to expend any State funds for the maintenance or opera tion of the facility.";
and by striking from line 21 of Page 7, the words
"or hereafter";
and by adding a new subsection at the end of Section 4, and numbered accordingly as follows:
"The Authority may elect whether or not to use the Construc tion Division of the Georgia State Financing and Investment Com mission in connection with the construction of this project. The con struction of the project may be accomplished by the use of private parties selected by the Authority."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th

Carter Cleland Coggin Coverdell

Cox Dean Doss Duncan

Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson

FRIDAY, FEBRUARY 15, 1974

1291

Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter Skene

Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators: Bell, McDuffie and Summers.

On the adoption of the amendment, the ayes were 53, nays 0, and the amend ment offered by Senator Holloway of the 12th to SB 681 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th
Brown of 47th Carter Cleland Coggin Coverdell Dean Duncan Fincher Garrard Gillis Henderson

Hill
Holley Howard Johnson Kennedy Kidd Lester McDuffie McGill Moore Overby Parker

Reynolds
Riley Skene Smith Starr Stephens Thompson Tysinger Ward Webb Young Zipperer

Those voting in the negative were Senators:

Ballard Barker Cox

Doss Eldridge Hamilton

Herndon Hudgins Jackson

1292

JOURNAL OF THE SENATE,

Langford Rowan Salter

Smalley Sutton

Warren Wasden

Those not voting were Senators:

Bell Holloway

London

Summers

On the passage of the bill, the ayes were 36, nays 16.

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

Senator Holley of the 22nd moved that SB 681 be immediately transmitted to the House.

On the motion, the ayes were 30, nays 1, and SB 681 was immediately trans mitted to the House.

HB 1313. By Mr. Howell of the 118th and others:
A bill to amend Code Title 34A, relating to municipal elections, so as to make certain technical and clarifying amendments thereto; to conform certain of the procedures relating to the elective process to the provisions of the Georgia Election Code.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard
Barker Broun of 46th Brown of 47th
Carter Cleland Coggin Coverdell Doss Duncan Fincher Garrard Gillis Hamilton Herndon

Hill
Holley Holloway
Howard Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill
Moore Overby Parker

Reynolds Riley Skene Smalley
Smith Starr Stephens Sutton Tysinger Ward Warren Webb Young Zipperer

FRIDAY, FEBRUARY 15, 1974

1293

Those voting in the negative were Senators:

Dean Eldridge

Hudgins Rowan

Thompson

Those not voting were Senators:

Bell Cox Henderson

London Salter

Summers Wasden

On the passage of the bill, the ayes were 44, nays 5.

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

Senator Ballard of the 45th assumed the Chair.

The following bill of the Senate, read the third time on February 7, removed from the table on February 12, defeated on February 13, and reconsidered on February 14, was put upon its passage:

SB 589. By Senator Duncan of the 30th:
A bill to amend Code Title 57, relating to interest and usury, as amended, so as to change the maximum rate of interest on certain loans; to change the maximum rate of interest on real estate loans; to provide an effective date.

The following substitute was adopted by the Senate on February 13:
A BILL
To be entitled an Act to amend Code Title 57, relating to interest and usury, as amended, so as to change the maximum rate of interest on certain loans; to provide an effectiva date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 57, relating to interest and usury, as amended, is hereby amended by striking Code Section 57-101 in its entirety and inserting in lieu thereof a new Code Section 57-101, to read as follows:

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"57-101. Legal rate of interest; rate higher than nine per centum forbidden.--The legal rate of interest shall be seven percentum per annum, where the rate per centum is not named in the contract, and any higher rate must be specified in writing, but in no event shall any person, company, or corporation reserve, charge, or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than nine per centum per annum, either directly or in directly by way of commission for advances, discount, exchange, or by any contract or contrivance or device whatever."

Section 2. The provisions of this Act shall apply to all loan transac tions and renewals and extensions of prior loan transactions entered into on and after the effective date of this Act.

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.

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, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Brown of 47th Carter Coggin Duncan Fincher Henderson Herndon Hill

Holley Holloway Hudgins Jackson Kennedy Kidd Langford Lester Overby

Parker Riley Rowan Smith Starr Tysinger Wasden Young Zipperer

Those voting in the negative were Senators:

Broun of 46th Cleland Coverdell Cox Doss Eldridge Garrard

Hamilton Howard Johnson Reynolds Salter Skene

Smalley Stephens Sutton Ward Warren Webb

FRIDAY, FEBRUARY 15, 1974

1295

Those not voting were Senators:

Ballard (presiding) Bell Dean Gillis

London McDuffie McGill

Moore Summers Thompson

On the passage of the bill, the ayes were 27, nays 19.

The bill, having failed to receive the requisite constitutional majority, was lost.

HB 1344. By Mr. Oxford of the 101st and others:
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 authorize coverage of employees of municipal authorities as defined herein.

The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

January 18, 1974

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note House Bill 1344

This Bill amends the Joint Municipal Employees' Retirement System to allow municipal authorities to contract with the retirement system.

Very simply, the Joint Municipal Employees' Retirement System contracts with agencies who desire a retirement plan, a plan to fit that agency's needs and a contract is drawn for a particular type plan the agency can afford which is an actuarily sound plan, and the retire ment system receives the applicable contributions either from the mem ber or employer.

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It is therefore concluded that this bill would not affect the actuarial soundness of the Joint Municipal Employees' Retirement System.

1st Ernest B. Davis, State Auditor
/s/ James Mclntyre, State Planning and 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, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Broun of 46th Brown of 47th Carter Coverdell Cox Dean Eldridge Fincher Hamilton Henderson Herndon Hill Holtey Holloway

Howard Jackson Johnson Kennedy Kidd Langford McDuffie McGill Moore Overby Parker Reynolds Riley Rowan

Those not voting were Senators:

Ballard (presiding) Bell Cleland Coggin
Doss

Duncan
Garrard Gillis Hudgins

Salter Skene Smalley Smith Starr Stephens Sutton Tysinger Ward Warren Wasden Webb Young Zipperer
Lester London Summers Thompson

On the passage of the bill, the ayes were 43, nays 0.

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

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

FRIDAY, FEBRUARY 15, 1974

1297

HB 1012. By Mr. Atherton of the 19th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to authorize counties and certain municipalities to levy a local sales and use tax.
Referred to Committee on Banking and Finance.

HB 1616. By Mr. Harrington of the 93rd:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", so as to permit the Commissioner of the Department of Human Resources to delegate powers and authority conferred on him to employees of the Department.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1638. By Messrs. Cole and Foster of the 6th and Turner of the 3rd:
A bill to amend an Act fixing the salaries of the judges of the superior courts, so as to change the provisions relating to salaries and compensa tion of secretaries for judges of the superior courts and district at torneys.
Referred to Committee on Judiciary.

Senator Kennedy of the 4th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

Senator Ballard, who was presiding, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Saturday, February 16, 1974

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today, and was called to order by Senator Gillis of the 20th, President Pro Tempore.

Senator Kennedy of the 4th reported that the journal of yesterday's pro ceeding had been read and found correct.

The President assumed the Chair.

Senator Ward of the 39th moved that the Senate reconsider its action of February 15 in defeating the following bill of the House:

HB 1333. By Mr. Alexander of the 38th:
A bill to amend an Act regulating charges and interests on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, so as to provide that certain persons shall not be within the regulatory authority of the Act.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Broun of 46th Carter Coggin Coverdell Dean Doss Duncan Fincher Garrard

Gillis Hamilton Hill Holloway Hudgins Johnson Kennedy McDuffie McGill Overby

Parker Riley Smith Stephens Thompson Tysinger Ward Warren Young Zipperer

Those not voting were Senators:

Ballard Barker Brown of 47th Cleland

Cox Eldridge Henderson Herndon

Holley Howard Jackson Kidd

SATURDAY, FEBRUARY 16, 1974

1299

Langford Lester London Moore Reynolds

Rowan Salter Skene Smalley Starr

Summers Sutton Wasden Webb

On the motion to reconsider, the ayes were 30, nays 0; the motion prevailed, and HB 1333 was placed on the Senate Calendar.

The President stated that all Senators not present were excused for the day.

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 1764. By Mr. Brown of the 89th:
A bill to amend the "Georgia Criminal Justice Act", so as to create a Criminal Justice Commission of the State of Georgia.

HB 1572. By Messrs. Berlin of the 89th and Snow of the 1st:
A bill to amend Code Title 24, relating to courts, so as to create a new Code Chapter 24-47, relating to the transfer of justices and judges by consent; to provide for the service of Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, judges of the State courts, judges of the juvenile courts and justices emeritus and judges emeritus of the various courts in other courts within this State upon request and with their consent.

HB 1517. By Mr. Connell of the 80th:
A bill to amend an Act providing for the purchase and sale of supplies and materials by the Board of Commissioners of Richmond County, so as to provide that the said provisions shall not apply when the cost of such materials and supplies exceeds $1,500.

HB 1772. By Messrs. Mulherin of the 81st, Sams of the 83rd, Miles of the 79th and others:
A bill to amend an Act relating to the appointment of certain assistants to certain district attorneys, so as to create the position of chief investi gator.

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HB 1991. By Mr. Dean of the 17th:
A bill to amend an Act creating a new charter for the City of Rockmart in the County of Polk, so as to change the corporate limits of said city.

HB 1999. By Mr. Ross of the 72nd: A bill to amend an Act placing certain of the county officers of Wilkes County upon an annual salary, so as to change the compensation of the deputy clerk of the superior court.
HB 2000. By Messrs. Harris and Thomason of the 8th: A bill to reincorporate the City of Cartersville in the County of Bartow; to create a new charter for said city.
HB 2002. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th: A bill to amend an Act fixing the compensation of and for the members of the Board of Commissioners of Floyd County.
HB 2005. By Messrs. Dent of the 78th, Miles of the 79th, Sams of the 83rd and others: A bill to amend the charter of the City of Augusta, incorporated as the Council of Augusta, so as to allow the members of council to succeed themselves in office.
HB 2006. By Messrs. Wheeler and Grantham of the 127th: A bill to amend an Act creating a new charter for the City of Alma, so as to change the provisions relating to salaries of certain municipal officers.
HB 2008. By Messrs. Knight and Mullinax of the 65th: A bill to amend an Act establishing the State Court of Coweta County, so as to change the salary of the judge and solicitor of said court.
HB 2010. By Messrs. Jessup, Larsen and Coleman of the 102nd: A bill to amend an Act providing for a new charter of the City of Cochran, so as to make certain clarifying amendments thereto.

SATURDAY, FEBRUARY 16, 1974

1301

HB 2011. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A bill to amend an Act creating a new charter for the City of Cochran, so as to provide that if any elective officer of the City of Cochran shall qualify for any other elective office without first resigning his present elective office, said office shall be immediately vacated and shall be filled as provided by law.

HB 2012. By Messrs. Pearce and Buck of the 87th and others:
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 estab lishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, so as to change certain costs of said court.

HB 2013. By Messrs. Wood, Whitmire and Williams of the 9th:
A bill to require all taxes due to the State of Georgia on taxable prop erty in Hall County, other than motor vehicles, and all taxes due to Hall County, other than motor vehicles, to be paid in two equal install ments; to provide that at least one-half of the total amount of such taxes shall be paid between July 1, and August 1 and that the balance shall be paid by December 1.

HB 2014. By Messrs. Busbee, Hatcher, Hutchinson and Odom of the 114th:
A bill to amend an Act creating the City Court of Albany, so as to change the name of said court; to change the jurisdiction thereof; to provide for six man juries for the trial of criminal offenses.

HB 2015. By Messrs. Sams of the 83rd, Miles of the 79th, Dent of the 78th and others:
A bill to amend an Act providing for the appointment of an associate judge for the State Courts in counties of this State, so as to repeal the provision creating the position of associate judge of such State Courts.

HB 2016. By Messrs. Sams of the 83rd, Miles of the 79th, Dent of the 78th and others:
A bill to amend an Act creating a Richmond County Board of Tax Assessors, so as to provide for the powers of said board; to provide for returns required by taxpayers.

HB 2018. By Messrs. Matthews and Collins of the 122nd:
A bill to recreate the Board of Commissioners of Colquitt County; to provide for Commissioner districts.

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HB 2019. By Messrs. Matthews and Collins of the 122nd:
A bill to amend an Act establishing a new charter for the City of Moultrie, so as to provide that all municipal elections shall be held and conducted in accordance with the provisions of Code Title 34A, the Georgia Municipal Election Code, as the same is now or hereafter amended.

HB 2020. By Messrs. Carlisle and Brown of the 67th:
A bill to abolish the office of treasurer of Fayette County; to provide that the board of commissioners of Fayette County shall appoint de positories for county funds.

HB 2022. By Messrs. Reaves, Patten and Bennett of the 124th:
A bill to provide for a referendum election on the question of reapportioning the Commissioner Districts of Brooks County.

HB 2023. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act incorporating the Town of Grayson in Gwinnett County, so as to change the name of said town to the City of Grayson; to change the provisions relative to the term of office of the mayor.

HB 2024. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act creating the Recorder's Court of Gwinnett Coun ty, so as to change the compensation of the judge of said ocurt.

HB 2026. By Mr. Tucker of the 69th:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, so as to change the compensation for the ordinary.

HB 2027. By Mr. Tucker of the 69th:
A bill to authorize the Board of Commissioners of Henry County to assess and collect license fees upon certain business activities conducted within Henry County.

HB 2031. By Mr. Tucker of the 69th:
A bill to amend an Act incorporating the City of Stockbridge in the County of Henry, so as to change the corporate limits of said city.

SATURDAY, FEBRUARY 16, 1974

1303

HB 2032. By Messrs. Smith and Adams of the 74th:
A bill to provide for the compensation of the sheriff of all Counties in the State having a population of not less than 10,600 and not more than 10,900.

HB 2033. By Messrs. Davis of the 56th, Jordan of the 58th, Collins of the 45th and others:
A bill to amend an Act creating a Board of Commissioners of DeKalb County, so as to provide that if any member of the Board of Commis sioners of DeKalb County shall qualify for nomination or election to any other elective office, his position of membership on the Board shall be vacated.

HB 2035. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act creating a new charter for the City of Thomaston, so as to change the provisions relating to the election of the mayor and council.

HB 1465. By Messrs. Williams of the 9th, Berry of the 86th and others:
A bill to authorize the incorporation of a nonprofit Credit Union Deposit Insurance Corporation in this State; to provide for the procedures con nected therewith; to provide for an appropriate investigation by the Department of Banking and Finance before articles of incorporation are approved by the Department.

HB 1534. By Messrs. Phillips of the 103rd, Dorminy of the 115th and others:
A bill to amend an Act creating the Georgia Forestry Commission, so as to authorize the Georgia Forestry Commission to participate in certain federally-funded fire protection assistance programs.

HB 1731. By Messrs. Lee and Johnson of the 68th and others:
A bill to amend an Act authorizing the Commissioner of the Department of Natural Resources to appoint conservation rangers, so as to authorize the Board of Natural Resources to designate the various classes of employees to be included within the uniformed division of conservation rangers.

HB 1763. By Mr. Matthews of the 62nd:
A bill to amend an Act providing campus policemen and other security personnel of the University System of Georgia with arrest powers for offenses committed upon University System property, so as to provide that the campus personnel of the University System of Georgia who

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are regular employees of the University System shall have the power to make arrests for offenses committed upon any public or private prop erty within five hundred yards of any property under the jurisdiction of the Board of Regents of the University System of Georgia.

HB 1832. By Mr. Savage of the 30th:
A bill to amend Code Chapter 84-7, relating to the practice of dentistry, so as to provide for the employment of personnel necessary to assist the Board of Dental Examiners of Georgia in the performance of their duties.

HB 1706. By Messrs. Busbee of the 114th, Moyer of the 99th and others:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to delete business opportunities from the purview of the Chapter; to add a definition of "referral agent" and to provide for such agent's source of compensation.

HB 1707. By Messrs. Busbee of the 114th, Moyer of the 99th and others: A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide for the qualifications of the members and officers of all partnerships and corporations involved in the real estate brokerage business.
HB 1280. By Mr. Harris of the 51st: A bill to create a House legislative ethics committee and a Senate legisla tive ethics committee; to provide for membership on such committees.
HB 1281. By Mr. Harris of the 51st: A bill to protect against conflict of interest and unethical conduct on the part of public officials and employees; to require the filing of dis closure statements.
HB 1526. By Mr. Colwell of the 4th: A bill to amend an Act establishing the State Employees' Retirement System, so as to include Conservation Rangers of the Department of Natural Resources within the terms of said Act.
HB 1629. By Mr. Dean of the 60th: A bill to amend an Act providing the precautions to be taken in prox imity of high-voltage electric lines, so as to define for the purposes of said Act the term "person or persons responsible for the work to be done".

SATURDAY, FEBRUARY 16, 1974

1305

HB 1639. By Messrs. Cole and Poster of the 6th and Turner of the 3rd:
A bill to add one additional judge to the Superior Courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment of the first additional judge by the Governor.

HB 1742. By Messrs. Howard of the 19th, Adams of the 14th, Dean of the 17th and many others:
A bill to make it unlawful for any person to solicit or accept a fee con sideration or donation, or to offer for sale or to sell advertising as a representative of a peace officer organization, or under the guise of representing a peace officer organization, unless such person is employed by, or acting pursuant to the authority of, or is a member of such organization.

HB 1888. By Messrs. Bray of the 66th and Knight of the 65th:
A bill to amend Code Section 113-602, relating to the probate of a will in solemn form, as amended, so as to provide that probate in solemn form may be had by the proving of the will by one witness if no caveat is filed.

HB 127. By Messrs. Snow of the 1st, Evans of the 89th and others:
A bill to amend Code Title 27, relating to criminal procedure, so as to provide that on the trial of all criminal cases the jury shall give a ver dict of guilty, or not guilty, and the judge shall fix the sentence to be imposed in such case.

HB 1841. By Mr. Egan of the 25th:
A bill to amend an Act known as the "Georgia Securities Act of 1973", so as to clarify certain provisions relating to the registration of se curities.

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

HR 502. By Messrs. Adams and Smith of the 74th:
A resolution compensating Mr. Walter H. Peacock, Jr., as the Executor under the will of James Michael Flanagan.

HR 542. By Messrs. Busbee of the 114th and Murphy of the 18th: A resolution proposing a new Constitution for the State of Georgia to

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be presented to the people for ratification or rejection at the general election in 1974.

HR 538. By Mr. Bostick of the 123rd: A resolution compensating Mrs. M. O. Lindsey.

HR 543. By Messrs. Buck of the 87th, Berry of the 86th and Ware of the 65th: A resolution compensating Sergeant Lee Blanchard.

HR 562. By Messrs. Ware of the 65th, Wall of the 61st, Hays of the 1st and others:
A resolution proposing an amendment to the Constitution so as to in crease the homestead exemption for certain disabled veterans; to change the definition of the term "disabled veterans"; to provide for a home stead exemption for the unremarried widow or minor children of certain disabled veterans.

HR 631. By Mr. Harris of the 8th: A resolution compensating the City of Cartersville.

HR 674. By Messrs. Wood, Whitmire and Williams of the 9th:
A resolution proposing an amendment to the Constitution so as to en large and change the power of the General Assembly in relation to the system and administration of taxation and public revenue in Hall County, by authorizing the General Assembly to prescribe by law the time for making levies and assessments; the manner in which tax bills and notices shall be prepared; the content of tax bills and notices.

HR 677. By Mr. Gignilliat of the 105th and others:
A resolution proposing an amendment to the Constitution so as to create the Downtown Savannah Authority.

HR 679. By Messrs. Carlisle and Brown of the 67th:
A resolution proposing an amendment to the Constitution so as to autho rize the governing authority of Spalding County and every municipality and board of education located in said county to enter into leases for a term not exceeding 20 years for land, buildings or facilities, or any combination thereof, to be used for governmental or educational pur poses.

SATURDAY, FEBRUARY 16, 1974

1307

HR 680. By Messrs. Carlisle and Brown of the 67th:
A resolution proposing an amendment to the Constitution so as to autho rize the governing authority of Fayette County and every municipality and board of education located in said county to enter into leases for a term not exceeding 20 years for land, buildings or facilities, or any combination thereof, to be used for governmental or educational pur poses.

HR 682. By Messrs. Mason of the 59th and Wall of the 61st:
A resolution proposing an amendment to the Constitution empowering the Board of Commissioners of Gwinnett County to impose speed limits on all public roads and streets in the unincorporated area of Gwinnett County, to establish weight limits on bridges, on public roads and streets in the unincorporated area of Gwinnett County; to establish truck routes along public roads.

HR 687. By Messrs. Lane and Nessmith of the 76th:
A resolution proposing an amendment to the Constitution so as to pro vide that the School Superintendent of the Bulloch County School System shall be appointed by the Bulloch County Board of Education rather than elected by the voters of the Bulloch County School District.

HR 315. By Messrs. Adams and Smith of the 74th: A resolution compensating Mr. Cecil Harris.

HR 561. By Messrs. Ware of the 65th, Wall of the 61st and others:
A resolution proposing an amendment to the Constitution so as to in crease the homestead exemption to $4,000 for any veteran who has been certified as being a 100% service-connected disabled veteran by the U.S. Veterans Administration.

HR 570. By Messrs. Castleberry of the 96th, Buck of the 87th and others:
A resolution authorizing the Department of Community Development to pay the State's contribution to the Multi-State Transportation Corridor Advisory Board.

The House recedes from its position on Amendment #1 on the following bill of the Senate, to-wit:

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SB 448. By Senators Reynolds of the 48th and Holloway of the 12th:
A bill to amend the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that the maximum speed limit upon any street or highway in this State shall not exceed 55 miles per hour; to provide an effective date.

The House has disagreed to the Senate amendments to the following bills of the House, to-wit:

HB 936. By Mr. Triplett of the lllth: A bill to fix the compensation of a certain official in certain counties.
HB 937. By Mr. Triplett of the llth: A bill to fix the compensation of a certain official in certain counties.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 1372. By Mr. Oxford of the 101st: A bill to amend Code Title 92, relating to public revenue, so as to provide for refunds of taxes and license fees which have been erroneously or illegally assessed and collected by counties and municipalities or overpaid by taxpayers, whether paid voluntarily or involuntarily.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 710. By Senator Coggin of the 35th: A bill to amend Code Section 26-2701, relating to definitions in connec tion with gambling and related offenses, so as to provide that certain devices shall not be a gambling device under certain circumstances.
Referred to Committee on Special Judiciary.
SB 711. By Senators Rowan of the 8th and Eldridge t>f the 7th: A bill to provide for the identification of students in grades three through twelve who are one or more years behind the national average; to provide for declaration of policy; to provide for additional funding for teachers, materials and operating expenses to aid such students.
Referred to Committee on Elementary and Secondary Education.

SATURDAY, FEBRUARY 16, 1974

1309

SB 712. By Senators Coverdell of the 40th and Garrard of the 37th:
A bill to provide for penalties on ad valorem taxation, under certain conditions, for all counties of this State having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census and for municipalities lying wholly or partially within such counties having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census.
Referred to Committee on County and Urban Affairs.

SB 713. By Senators Moore of the 56th and Henderson of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, former ly known as the Civil and Criminal Court of Cobb County, as amended, so as to change the compensation of the solicitor; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 714. By Senator Tysinger of the 41st:
A bill to create the DeKalb County Oglethorpe Housing Foundation; to provide for a short title; to provide for legislative findings and declara tion of necessity; to provide for definitions; to provide for creation and organization; to provide for purposes, powers, duties, and responsibil ities; to authorize certain land acquisition.
Referred to Committee on County and Urban Affairs.

SB 715. By Senators Moore of the 56th and Henderson of the 33rd:
A bill to amend an Act providing for the compensation of the Judge of the Cobb Juvenile Court, as amended, so as to change the compensa tion of said Judge; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 716. By Senators Young of the 13th, Zipperer of the 3rd, Moore of the 56th and others:
A bill to amend Code Section 32-111, providing for the compensation and expenses for members of the Board of Regents, as amended, so as to change the provisions relating to compensation and expenses of members of the Board of Regents; to change the maximum number of days for which a member may receive expenses.
Referred to Committee on University System of Georgia.

SB 717. By Senator London of the 50th: A bill to authorize the State Personnel Board to provide a Health In-

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surance Plan for Public School Teachers of the State of Georgia; to define certain terms; to provide for the contents of such Health In surance Plan and persons eligible to participate in such plan; to provide for exclusions.
Referred to Committee on Elementary and Secondary Education.

SB 718. By Senators Henderson of the 33rd and Moore of the 56th:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, as amended, so as to change the salary of the ordinary; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 719. By Senator Cox of the 21st:
A bill to amend an Act establishing the State Court of Jenkins County, formerly the City Court of Millen, as amended, so as to change the compensation of the judge and the solicitor; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 720. By Senator Cox of the 21st:
A bill to amend an Act establishing a board of commissioners of roads and revenues for the County of Jenkins, as amended, so as to change the compensation of the members of the board; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SR 392. By Senators Ballard of the 45th, London of the 50th and Holloway of the 12th:
A resolution urging the defeat of S. 2008 and H.R. 8771 presently pend ing in the Senate and House of Representatives of the United States Congress.
Referred to Committee on Rules.

SR 393. By Senator Reynolds of the 48th: A resolution creating the Driver's License Laws Study Committee.
Referred to Committee on Rules.

SR 394. By Senator Webb of the llth:
A resolution authorizing the conveyance of certain real property located in Seminole County, Georgia.
Referred to Committee on Public Utilities and Transportation.

SATURDAY, FEBRUARY 16, 1974

1311

SR 397. By Senators London of the 50th and Holley of the 22nd: A resolution amending the Rules of the Senate.
Referred to Committee on Rules.

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

HB 1517. By Mr. Connell of the 80th:
A bill to amend an Act providing for the purchase and sale of supplies and materials by the Board of Commissioners of Richmond County, so as to provide that the said provisions shall not apply when the cost of such materials and supplies exceeds $1,500.
Referred to Committee on County and Urban Affairs.

HB 1772. By Messrs. Mulherin of the 81st, Sams of the 83rd, Miles of the 79th, Beckham of the 82nd and Connell of the 80th:
A bill to amend an Act relating to the appointment of certain assistants to certain district attorneys (counties having a population of not less than 145,000 and not more than 165,000), so as to create the position of chief investigators.
Referred to Committee on County and Urban Affairs.

HB 1991. By Mr. Dean of the 17th:
A bill to amend an Act creating a new charter for the City of Rockmart in the County of Polk, so as to change the corporate limits of said city.
Referred to Committee on County and Urban Affairs.

HB 1999. By Mr. Ross of the 72nd:
A bill to amend an Act placing certain of the county officers of Wilkes County upon an annual salary, so as to change the compensation of the deputy clerk of the superior court.
Referred to Committee on County and Urban Affairs.

HB 2000. By Messrs. Harris and Thomason of the 8th:
A bill to reincorporate the City of Cartersville in the County of Bartow; to create a new charter for said city.
Referred to Committee on County and Urban Affairs.

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HB 2002. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A bill to amend an Act fixing the compensation of and for the members of the Board of Commissioners of Floyd County, so as to change the provision for an expense allowance for the chairman and other members of the Board of Commissioners of Floyd County.
Referred to Committee on County and Urban Affairs.

HB 2005. By Messrs. Dent of the 78th, Miles of the 79th, Sams of the 83rd, and others:
A bill to amend the charter of the City of Augusta, incorporated as the Council of Augusta, so as to allow the members of council to succeed themselves in office.
Referred to Committee on County and Urban Affairs.

HB 2006. By Messrs. Wheeler and Grantham of the 127th:
A bill to amend an Act creating a new charter for the City of Alma, so as to change the provisions relating to salaries of certain municipal officers.
Referred to Committee on County and Urban Affairs.

HB 2008. By Messrs. Knight and Mullinax of the 65th:
A bill to amend an Act establishing the State Court of Coweta County (formerly Civil and Criminal Court of Coweta County and City Court of Newnan), so as to change the salary of the judge and solicitor of said court.
Referred to Committee on County and Urban Affairs.

HB 2010. By Messrs. Jessup, Larsen and Coleman of the 102nd:
A bill to amend an Act providing for a new charter of the City of Cochran, so as to make certain clarifying amendments thereto.
Referred to Committee on County and Urban Affairs.

HB 2011. By Messrs. Jessup, Coleman and Larsen of the 102nd:
A bill to amend an Act creating a new charter for the City of Cochran, so as to provide that if any elective officer of the City of Cochran shall qualify for any other elective office without first resigning his present elective office, said office shall be immediately vacated and shall be filled as provided by law.
Referred to Committee on County and Urban Affairs.

SATURDAY, FEBRUARY 16, 1974

1313

HB 2012. By Messrs. Pearce and Buck of the 87th, Thompson and Berry of the 86th and King of the 85th:
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 estab lishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, so as to change certain costs of said court.
Referred to Committee on County and Urban Affairs.

HB 2013. By Messrs. Wood, Whitmire and Williams of the 9th:
A bill to require all taxes due to the State of Georgia on taxable property in Hall County, other than motor vehicles, and all taxes due to Hall County on taxable property in Hall County, other than motor vehicles, to be paid in two equal installments; to provide that at least one-half of the total amount of such taxes shall be paid between July 1 and August 1 and that the balance shall be paid by December 1.
Referred to Committee on County and Urban Affairs.

HB 2014. By Messrs. Busbee, Hatcher, Hutchinson and Odom of the 114th:
A bill to amend an Act creating the City Court of Albany, so as to change the name of said court; to change the jurisdiction thereof; to provide for six-man juries for the trial of criminal offenses.
Referred to Committee on County and Urban Affairs.

HB 2015. By Messrs. Sams of the 83rd, Miles of the 79th, Dent of the 78th and others:
A bill to amend an Act providing for the appointment of an associate judge for the State Courts in counties of this State having a population of not less than 145,000 and not more than 165,000, so as to repeal the provision creating the position of associate judge of such State Courts.
Referred to Committee on County and Urban Affairs.

HB 2016. By Messrs. Sams of the 83rd, Miles of the 79th, Dent of the 78th and others:
A bill to amend an Act creating a Richmond County Board of Tax Assessors, so as to provide for the powers of said board; to provide for returns required by taxpayers.
Referred to Committee on County and Urban Affairs.

HB 2018. By Messrs. Matthews and Collins of the 122nd:
A bill to recreate the Board of Commissioners of Colquitt County; to provide for Commissioner districts.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 2019. By Messrs. Matthews and Collins of the 122nd:
A bill to amend an Act establishing a new charter for the City of Moultrie, so as to provide that all municipal elections shall be held and con ducted in accordance with the provisions of Code Title 34A, the Georgia Municipal Election Code, as the same is now or hereafter amended.
Referred to Committee on County and Urban Affairs.

HB 2020. By Messrs. Carlisle and Brown of the 67th:
A bill to abolish the office of treasurer of Fayette County; to provide that the board of commissioners of Fayette County shall appoint depositories for county funds.
Referred to Committee on County and Urban Affairs.

HB 2022. By Messrs. Reaves, Patten and Bennett of the 124th:
A bill to provide for a referendum election on the question of reapportioning the Commissioner District of Brooks County.
Referred to Committee on County and Urban Affairs.

HB 2023. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act incorporating the Town of Grayson in Gwinnett County, so as to change the name of said town to the City of Grayson; to change the provisions relative to the term of the office of mayor.
Referred to Committee on County and Urban Affairs.

HB 2024. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the compensation of the judge of said court.
Referred to Committee on County and Urban Affairs.

HB 2026. By Mr. Tucker of the 69th: A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the ordinary.
Referred to Committee on County and Urban Affairs.
HB 2027. By Mr. Tucker of the 69th: A bill to authorize the Board of Commissioners of Henry County to

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1315

assess and collect license fees upon certain business activities conducted within Henry County.
Referred to Committee on County and Urban Affairs.

HB 2031. By Mr. Tucker of the 69th:
A bill to amend an Act incorporating the City of Stockbridge in the County of Henry, so as to change the corporate limits of said city.
Referred to Committee on County and Urban Affairs.

HB 2032. By Messrs. Smith and Adams of the 74th:
A bill to provide for the compensation of the sheriff of all counties in the State having a population of not less than 10,600 and not more than 10,900.
Referred to Committee on County and Urban Affairs.

HB 2033. By Messrs. Davis of the 56th, Jordan of the 58th, Coiling of the 45th and others:
A bill to amend an Act creating a Board of Commissioners of DeKalb County, so as to provide that if any member of the Board of Commis sioners of DeKalb County shall qualify for nomination or election to any other elective office, his position of membership on the Board shall be vacated.
Referred to Committee on County and Urban Affairs.

HB 2035. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act creating a new charter for the City of Thomaston so as to change the provisions relating to the election of the mayor and council.
Referred to Committee on County and Urban Affairs.

HB 127. By Messrs. Snow of the 1st, Evans of the 89th, Tucker of the 69th and others:
A bill to amend Code Title 27, relating to criminal procedure, so as to provide that on the trial of all criminal cases the jury shall give a verdict of guilty or not guilty, and the judge shall fix the sentence to be imposed in such case.
Referred to Committee on Judiciary.

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HB 1280. By Mr. Harris of the 51st:
A bill to create a House legislative ethics committee and a Senate legis lative ethics committee; to provide for membership on such committees.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1281. By Mr. Harris of the 51st:
A bill to protect against conflict of interest and unethical conduct on the part of public officials and employees; to require the filing of dis closure statements.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1465. By Messrs. Williams of the 9th, Berry of the 86th, Pearce of the 87th, and others:
A bill to authorize the incorporation of a nonprofit Credit Union Deposit Insurance Corporation (hereinafter referred to as the "Corporation") in this State; to provide for the procedures connected therewith; to provide for an appropriate investigation by the Department of Banking and Finance before articles of incorporation are approved by the Department.
Referred to Committee on Banking and Finance.

HB 1526. By Mr. Colwell of the 4th:
A bill to amend an Act establishing the State Employees' Retirement System so as to include Conservation Rangers of the Department of Natural Resources within the terms of said Act.
Referred to Committee on Retirement.

HB 1534. By Messrs. Phillips of the 103rd, Dorminy of the 115th, Lewis of the 77th and others:
A bill to amend an Act creating the Georgia Forestry Commission, so as to authorize the Georgia Forestry Commission to participate in cer tain federally-funded fire protection assistance programs.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1572. By Messrs. Berlin of the 88th and Snow of the 1st:
A bill to amend Code Title 24, relating to courts, so as to create a new Code Chapter 24-47, relating to the transfer of justices and judges by consent; to provide for the service of Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, judges of

SATURDAY, FEBRUARY 16, 1974

1317

the State courts, judges of the juvenile courts and justices emeritus and judges emeritus of the various courts in other courts within this State upon request and with their consent.
Referred to Committee on Judiciary.

HB 1629. By Mr. Dean of the 60th:
A bill to amend an Act providing the precautions to be taken in prox imity of high-voltage electric lines, so as to define for the purposes of said Act the term "person or persons responsible for the work to be done".
Referred to Committee on Public Utilities and Transportation.

HB 1639. By Messrs. Cole and Foster of the 6th and Turner of the 3rd:
A bill to add one additional judge to the Superior Courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment of the first additional judge by the Governor; and for other purposes.
Referred to Committee on Special Judiciary.

HB 1706. By Messrs. Busbee of the 114th, Moyer of the 99th, McDaniell of the 20th and others:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to delete business opportunities from the purview of the Chapter; to add a definition of "referral agent" and to provide for such agent's source of compensation.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1707. By Messrs. Busbee of the 114th, Moyer of the 99th, McDaniell of the 20th and others:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide for the qualifications of the members and officers of all partnerships and corporations involved in the real estate brokerage business.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1731. By Messrs. Howard of the 19th, Murphy of the 18th, Matthews of the 62nd and others:
A bill to amend an Act authorizing the Commissioner of the Department of Natural Resources to appoint conservation rangers, so as to authorize the Board of Natural Resources to designate the various classes of em-

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JOURNAL OP THE SENATE,

ployees to be included within the uniformed division of conservation rangers.
Referred to Committee on Natural Resources and Environmental Quality.

HB 1742. By Messrs. Howard of the 19th, Adams of the 14th, Coleman of the 102nd and others:
A bill to make it unlawful for any person to solicit or accept a fee, consideration or donation, or to offer for sale or to sell advertising as a representative of a peace officer organization, or under the guise of representing a peace officer organization, unless such person is em ployed by, or acting pursuant to the authority of, or is a member of such organization.
Referred to Committee on Special Judiciary.

HB 1763. By Mr. Matthews of the 62nd:
A bill to amend an Act providing campus policemen and other security personnel of the University System of Georgia with arrest powers for offenses committed upon University System property, so as to provide that the campus personnel of the University System of Georgia who are regular employees of the University System shall have the power to make arrests for offenses committed upon any public or private property within five hundred yards of any property under the jurisdiction of the Board of Regents of the University System of Georgia.
Referred to Committee on University System of Georgia.

HB 1764. By Mr. Brown of the 89th:
A bill to amend the "Georgia Criminal Justice Act", so as to create a Criminal Justice Commission of the State of Georgia.
Referred to Committee on Special Judiciary.

HB 1832. By Mr. Savage of the 30th:
A bill to amend Code Chapter 84-7, relating to the practice of dentistry, so as to provide for the employment of personnel necessary to assist the Board of Dental Examiners of Georgia in the performance of their duties.
Referred to Committee on Health and Welfare.

HB 1841. By Mr. Egan of the 25th:
A bill to amend an Act known as the "Georgia Securities Act of 1973", so as to clarify certain provisions relating to the registration of se curities.
Referred to Committee on Banking and Finance.

SATURDAY, FEBRUARY 16, 1974

1319

HB 1888. By Messrs. Bray of the 66th and Knight of the 65th:
A bill to amend Code Section 113-602, relating to the probate of a will in solemn form, as amended, so as to provide that probate in solemn form may be had by the proving of the will by one witness if no caveat is filed.
Referred to Committee on Judiciary.

HR 542. By Messrs. Busbee of the 114th and Murphy of the 18th:
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 1974.
Referred to Committee on Special Judiciary.

HR 561. By Messrs. Ware of the 65th, Gignilliat of the 105th, Berlin of the 89th and others:
A resolution proposing an amendment to the Constitution so as to in crease the homestead exemption to $4,000 for any veteran who has been certified as being a 100 percent service-connected disabled veteran by the United States Veterans Administration.
Referred to Committee on Defense and Veterans Affairs.

HR 562. By Messrs. Ware of the 65th, Gignilliat of the 105th, Berlin of the 89th and others:
A resolution proposing an amendment to the Constitution so as to in crease the homestead exemption for certain disabled veterans; to change the definition of the term "disabled veteran"; to provide for a homestead exemption for the unremarried widow or minor children of certain dis abled veterans.
Referred to Committee on Defense and Veterans Affairs.
HR 570. By Messrs. Castleberry of the 96th, Buck of the 87th, Berry of the 86th and others:
A resolution authorizing the Department of Community Development to pay the State's contribution to the Multi-State Transportation Corridor Advisory Board.
Referred to Committee on Highways.
HR 674. By Messrs. Wood, Whitmire and Williams of the 9th:
A resolution proposing an amendment to the Constitution so as to en large and change the power of the General Assembly in relation to the system and administration of taxation and public revenue in Hall Coun-

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JOURNAL OF THE SENATE,

ty, by authorizing the General Assembly to prescribe by law the time for making levies and assessments, the manner in which tax bills and notices shall be prepared, the number, form and content of tax bills and notices.
Referred to Committee on County and Urban Affairs.

HR 677. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th and others:
A resolution proposing an amendment to the Constitution so as to create the Downtown Savannah Authority.
Referred to Committee on County and Urban Affairs.

HR 679. By Messrs. Carlisle and Brown of the 67th:
A resolution proposing an amendment to the Constitution so as to autho rize the governing authority of Spalding County and every municipality and board of education located in said county to enter into leases for a term not exceeding 20 years for land, buildings or facilities, or any combination thereof, to be used for governmental or educational pur poses.
Referred to Committee on County and Urban Affairs.

HR 680. By Messrs. Carlisle and Brown of the 67th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Fayette County and every munici pality and board of education located in said county to enter into leases for a term not exceeding 20 years for land, buildings or facilities, or any combination thereof, to be used for governmental or educational pur poses.
Referred to Committee on County and Urban Affairs.

HR 682. By Messrs. Mason of the 59th and Wall of the 61st: A resolution proposing an amendment to the Constitution empowering the Board of Commissioners of Gwinnett County to impose speed limits on all public roads and streets in the unincorporated area of Gwinnett County, to establish weight limits on bridges, on public roads and streets in the unincorporated area of Gwinnett County; to establish truck routes along public roads.
Referred to Committee on Highways.
HR 687. By Messrs. Lane and Nessmith of the 76th: A resolution proposing an amendment to the Constitution so as to pro-

SATURDAY, FEBRUARY 16, 1974

1321

vide that the School Superintendent of the Bulloch County School System shall be appointed by the Bulloch County Board of Education rather than elected by the voters of the Bulloch County School District.
Referred to Committee on County and Urban Affairs.

HR 315. By Messrs. Adams and Smith of the 74th: A resolution compensating Mr. Cecil Harris.
Referred to Committee on Appropriations.

HR 502. By Messrs. Adams and Smith of the 74th:
A resolution compensating Mr. Walter H. Peacock, Jr., as the Executor under the will of James Michael Flanagan.
Referred to Committee on Appropriations.

HR 538. By Mr. Bostick of the 123rd: A resolution compensating Mrs. M. O. Lindsey.
Referred to Committee on Appropriations.

HR 543. By Messrs. Buck of the 87th, Berry of the 86th and Ware of the 65th: A resolution compensating Sergeant Lee Blanchard.
Referred to Committee on Appropriations.

HR 631. By Mr. Harris of the 8th: A resolution compensating the City of Cartersville.
Referred to Committee on Appropriations.

The following reports of standing committees were read by the Secretary:

Senator McGill of the 24th District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. President:
Your Committee on Agriculture has had under consideration the following

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JOURNAL OF THE SENATE,

bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1535. Do pass.

Respectfully submitted, McGill of 24th 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 & Finance has had under consideration the fol lowing bills of the House and has instructed me as Chairman, to report the same back to the Senate with the following recommendation:
HB 1751. Do pass. Respectfully submitted, Holley of 22nd District, Chairman.

Senator Jackson of the 16th District, Chairman of the Committee on Business, Trade and Commerce, submitted the following report:
Mr. President:
Your Committee on Business, Trade and Commerce has had under considera tion the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 974. Do pass by substitute.
Respectfully submitted, Jackson of 16th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolution of the Senate and House and has instructed me,

SATURDAY, FEBRUARY 16, 1974

1323

as Chairman, to report the same back to the Senate with the following recom mendations :
SB 707. Do pass. SB 708. Do pass. HB 1737. Do pass. HB 1758. Do pass. HB 1759. Do pass. HB 1785. Do pass. HB 1881. Do pass as amended. HB 1920. Do pass. HB 1921. Do pass. HB 1922. Do pass. HR 629. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolution of the House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
HB 992. Do pass as amended. HB 1924. Do pass as amended. HR 136. Do pass by substitute.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Starr of the 44th District, Chairman of the Committee on Elementary and Secondary Education, submitted the following report:
Mr. President:
Your Committee on Elementary and Secondary Education has had under

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JOURNAL OF THE SENATE,

consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1687. Do pass. Respectfully submitted, Starr of 44th District, Chairman.

Senator Reynolds of the 48th District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1331. Do pass. HB 1801. Do pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

Senator Johnson of the 38th District, Chairman of the Committee on Judici ary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 279. Do pass. HB 1661. Do pass. HB 1789. Do pass.
Respectfully submitted, Johnson of 38th District, Chairman.

Senator Dean of the 6th District, Chairman of the Committee on Natural Resources and Environmental Quality, submitted the following report:
Mr. President:
Your Committee on Natural Resources and Environmental Quality has had

SATURDAY, FEBRUARY 16, 1974

1325

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 recom mendation :
SR 338. Do pass.
Respectfully submitted,
Dean of 6th District,
Chairman.

Senator Kennedy of the 4th District, Chairman of the Committee on Penal and Correctional Affairs, submitted the following report:
Mr. President:
Your Committee on Penal and Correctional Affairs has had under considera tion the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1352. Do pass.
Respectfully submitted, Kennedy of 4th District, Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :
SR 375. Do pass by substitute. SR 379. Do pass.
Respectfully submitted, Brown of 47th District, Chairman.

Senator Coverdell of the 40th District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following

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JOURNAL OF THE SENATE,

bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 346. Do pass. HB 323. Do pass. HB 1315. Do pass. HB 1429. Do pass. HB 1457. Do pass. HB 1365. Do pass as amended. HB 1458. Do pass.

Respectfully submitted, Coverdell of 40th District, Chairman.

Senator Riley of the 1st District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following reso lution of the Senate and has instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendation:
SR 282. Do pass.
Respectfully submitted, Riley of 1st District, Vice-Chairman.

Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the fol lowing bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :
SB 497. Do pass by substitute. SB 580. Do pass. SB 689. Do pass.

SATURDAY, FEBRUARY 16, 1974

1327

SB 690. Do pass. SB 691. Do pass. SB 699. Do pass. HB 1555. Do pass. HB 1573. Do pass. HR 487. Do pass.

Respectfully submitted, Cox of 21st District, Chairman.

Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the fol lowing bills of the Senate and has instructed me, as Chairman to report the same back to the Senate with the following recommendations:
SB 638. Do pass by substitute. SB 639. Do pass.
Respectfully submitted, Cox of 21st District, Chairman.

Senator Zipperer of the 3rd District, Chairman of the Committee on Uni versity System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System of Georgia has had under considera tion the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 704. Do pass.
Respectfully submitted, Zipperer of 3rd District, Chairman.

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JOURNAL OF THE SENATE,

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

SB 580. By Senator Thompson of the 32nd:
A bill to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, approved Feb. 5, 1943 (Ga. Laws 1943, p. 185), as amended, so as to provide that inmates serving life sentences shall become eligible for consideration for parole by the Board upon completion of the service of fifteen years; to provide for applicability.

SB 689. By Senators Langford of the 51st, London of the 50th, Ward of the 39th and others:
A bill to amend Code Section 81A-140, relating to the trial of civil cases, as amended, so as to provide that no case may be tried earlier than the 61st day from the date the complaint was filed and served.

SB 690. By Senators Langford of the 51st, London of the 50th, Ward of the 39th and others:
A bill to provide that it shall not be necessary to verify any pleadings in any case at law or in equity; to provide the procedures connected therewith.

SB 691. By Senators Langford of the 51st, London of the 50th, Parker of the 31st and others:
A bill to amend Code Section 113-602, relating to probate in solemn form of a will, as amended, so as to provide that in the event that all of the heirs at law shall be sui juris and such heirs shall consent thereto, the will may be proved without the witnesses if the heirs at law shall agree to the authenticity of the testator's signature appearing on the will.
SB 699. By Senators Overby of the 49th, Langford of the 51st and London of the 50th:
A bill to amend Code Section 27-901, relating to persons before whom offenses are bailable and when a person charged with a misdemeanor may be bailed, so as to provide that at no time while a case is on appeal shall any person convicted of a felony, other than a capital felony, be refused bail.

SB 704. By Senator Zipperer of the 3rd:
A bill to amend an Act creating the Georgia Higher Education As sistance Corporation, approved Mar. 12, 1965 (Ga. Laws 1965, p. 217),

SATURDAY, FEBRUARY 16, 1974

1329

as amended, so as to authorize the Corporation to request and obtain from other governmental departments, boards, commissions, bureaus or agencies information and assistance relative to location, employment, income and property of persons indebted to the Corporation or for whom the Corporation has guaranteed student loans.

SR 338. By Senators Salter of the 17th, Hamilton of the 26th, Johnson of the 38th and others:
A resolution opposing the construction of the Spewrell Bluff Dam Proj ect authorized by P. L. 88-233, approved December 30, 1963.

HB 1331. By Mr. Smith of the 74th and others:
A bill to prescribe speed restrictions for any street, roadway or highway of this State; to provide for racing on roads; to provide a penalty in connection therewith.

HB 1535. By Messrs. Phillips of the 103rd, Dorminy of the 115th, Russell of the 62nd and others:
A bill to amend an Act creating the Georgia Forestry Commission, so as to authorize the Georgia Forestry Commission to enter upon forestlands for the purpose of determining if an infestation or infection exists in the trees.

HB 1555. By Mr. Morgan of the 70th and others:
A bill to create the Prosecuting Attorneys' Council of the State of Georgia; to provide for the membership of the council, their qualifica tions, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority and responsibility.

HB 1573. By Mr. Morgan of the 70th and others:
A bill to amend Code Section 26-1302, relating to the crime of aggravated assault, so as to provide a penalty for the commission of the crime with the intent to commit certain other crimes.

HB 1801. By Mr. Elliott of the 49th and others:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that drivers, and certain other persons, of motor vehicles involved in traffic accidents on the expressway system of certain standard metropolitan statistical areas shall be required to move such motor vehicles so as not to obstruct traffic under certain conditions.

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JOURNAL OF THE SENATE,

HR 487. By Mr. McDonald of the 12th:
A resolution proposing an amendment to the Constitution so as to em power the members of the Division of Investigation of the Department of Public Safety or of any successor agency to such Division to make arrests, serve and execute warrants and enforce those criminal laws of the State of Georgia involving felonies within the boundaries of Jackson County.

SR 375. By Senator Langford of the 51st:
A resolution authorizing the conveyance of a certain tract of Stateowned property.

SR 379. By Senator Kidd of the 25th:
A resolution authorizing the exchange of a leasehold interest held by the Department of Natural Resources in certain real property in Bald win County, Georgia, for a fee simple interest in certain other real prop erty located in Baldwin County, Georgia.

HB 974. By Messrs. Duke of the 20th, Howard of the 19th and Nix of the 20th:
A bill to declare and give effect to a public interest in setting apart one day of the week as a common day of rest and for other activities bene ficial to the public welfare.

HB 1352. By Messrs. Smith and Adams of the 74th and others:
A bill to amend Code Section 26-2501, relating to escape, so as to re define escape from lawful custody; to amend an Act providing for pay ment of costs of cases and expenses of trials involving inmates of the State Prison System, so as to provide for payment by the State Board of Corrections of costs and expenses in certain escape cases and trials.

HB 1687. By Mr. Burruss of the 21st and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the mini mum salaries of school bus drivers.

HB 279. By Messrs. Bennett of the 124th, Dean of the 60th and Groover of the 75th:
A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuits, so as to change the compensation of persons appointed as assistant district attorneys.

SATURDAY, FEBRUARY 16, 1974

1331

HB 323. By Mr. Harris of the 8th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts, so as to provide that certain service as a member of the armed forces of the U. S. during certain periods may be included in computing the required number of years of service to be eligible to receive retirement benefits.

HB 346. By Mr. Wheeler of the 13th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that accumulated days of forfeited annual and sick leave shall constitute creditable service in addition to all other creditable service.

HB 1315. By Mr. Bostick of the 123rd:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to change the provisions relative to retirement benefits for superior court clerks who are retired or may retire under the provisions of the Superior Court Clerks' Retirement Fund of Georgia.

HB 1365. By Messrs. Buck of the 87th and Farrar of the 52nd:
A bill to amend an Act establishing the Teachers' Retirement System, so as to make a technical correction relative to reference to a section; to change the provisions relative to time for filing service retirement applications.

HB 1429. By Messrs. Northcutt of the 68th and Wheeler of the 13th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia and providing for a retirement system for the sheriffs of Geor gia, so as to provide options for the payment of retirement benefits; to provide for the selection of an option and the method and procedure for selection of an option by those who become eligible to receive retire ment benefits from and after the effective date of this Act.

HB 1457. By Mr. Murphy of the 18th:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer".

HB 1458. By Mr. Murphy of the 18th:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide that in the event a member, with a wife then

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living, is unable to choose an option payment and complete an applica tion because of death, mental incompetency or other providential cause, option two shall become effective.

HB 1661. By Mr. Larsen of the 27th:
A bill to amend Code Section 59-203, relating to the manner of drawing grand jurors and the number of names that may be drawn, so as to increase from 36 to 60 the maximum number of names that may be drawn.

HB 1789. By Messrs. Morgan of the 70th and Carrell of the 71st:
A bill to amend an Act creating the Alcovy Judicial Circuit, so as to change the provisions relating to grand juries.

HB 1751. By Messrs. Williams of the 9th and Pinkston of the 89th:
A bill to comprehensively and exhaustively revise, classify, consolidate, modernize and supersede the present laws relating to banks and banking (except for portions thereof dealing with branch banking and bank hold ing companies), banks and trust companies, credit unions, sale of checks, international banking corporations and bank agencies, business develop ment corporations, building and loan associations, savings and loan asso ciations, and similar entities.

SR 282. By Senators Zipperer of the 3rd, Coggin of the 35th, Kennedy of the 4th and Riley of the 1st:
A resolution creating the Criminal Acts Compensation Liability Study Committee.

SB 638. By Senators Starr of the 44th, Button of the 9th and Young of the 13th:
A bill to amend Code Chapter 24-8, relating to constables, as amended, so as to change the provisions relating to fees of constables of the militia districts; to repeal the provisions relating to fees for delivering prison ers to jailers; to provide for other matters relative to the foregoing.

SB 639. By Senators Starr of the 44th, Sutton of the 9th and Young of the 13th:
A bill to amend Code Chapter 24-16, relating to fees for justices of the peace, as amended, particularly by an Act approved April 11, 1967 (Ga. Laws 1967, p. 469), so as to change the fees of justices of the peace.

SATURDAY, FEBRUARY 16, 1974

1333

SB 707. By Senator Salter of the 17th:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the ordinary; to provide an effective date.

SB 708. By Senator London of the 50th:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), as amended, so as to change the compensation of the judge and district attorney of said court; to provide that the district attorney of said court shall not practice criminal law as a defense counsel in any court in Habersham County, Georgia.

HB 1737. By Mr. Davis of the 56th:
A bill to amend an Act creating the Recorder's Court of DeKalb County, so as to change the provisions relative to the qualifications of the judge of said court; to change the maximum punishment which may be imposed by the recorder's court.

HB 1758. By Messrs. Castleberry of the 96th and Edwards of the 95th:
A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to change the compensation of the chairman and members of the Board of Commissioners.

HB 1759. By Messrs. Lane and Nessmith of the 76th:
A bill to provide that the Board of Commissioners of Screven County shall have the authority to establish for its officers and employees a retirement and pension benefit plan.

HB 1785. By Messrs. Lewis of the 77th, Nessmith and Lane of the 76th: A bill to amend an Act creating the State Court of Burke County, so as to change the compensation of the judge and solicitor of said court.
HB 1881. By Messrs. Kreeger of the 21st, Nix and McDaniell of the 20th: A bill to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits of the City of Smyrna.
HB 1920. By Mr. Irvin of the 10th: A bill to amend an Act placing the Sheriff of Stephens County on an

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annual salary, so as to change the provisions relative to the Sheriff's deputies.

HB 1921. By Mr. Irvin of the 10th:
A bill to amend an Act incorporating the Town of Martin, so as to change the provisions relative to the election of the members of the governing body of said Town.

HB 1922. By Mr. Phillips of the 103rd:
A bill to amend an Act placing the Sheriff of Montgomery County upon an annual salary, so as to change the provisions relative to the compensa tion of the sheriff's secretary.
HR 629. By Messrs. Mason of the 59th and Wall of the 61st:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Gwinnett County to levy an annual tax not to exceed two mills per dollar on all taxable property located therein to provide funds to pay or to be applied toward the cost of operating and maintaining the water and sewerage system of the Gwinnett County Water and Sewerage Authority, or both.

HB 992. By Mr. Marcus of the 26th:
A bill to amend Code Title 59, relating to juries, so as to provide for special purpose grand juries in certain counties (population of 600,000 or more).

HB 1924. By Messrs. Berlin, Pinkston, Coney of the 89th and others:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in Acts"; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation.

HR 136. By Mr. Smith of the 42nd:
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from taxation to resident homeowners in the City of Palmetto; to provide that residents of said city who are 65 years of age and who have an income not exceeding $4,000 shall be granted an exemption of $4,000 on their homestead from all ad valorem taxation.

SATURDAY, FEBRUARY 16, 1974

1335

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

SB 692. By Senator Zipperer of the 3rd:
A bill to abolish the present mode of compensating the Ordinary of Bryan County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements.

Senator Zipperer of the 3rd offered the following substitute to SB 692:
A BILL
To be entitled an Act to abolish the present mode of compensating the Ordinary of Bryan County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emolu ments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The present mode of compensating the Ordinary of Bryan County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as herein after provided.
Section 2. The Ordinary shall receive an annual salary of $6,000.00, payable in equal monthly installments from county funds.
Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the Ordinary shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the precedingmonth by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.

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Section 4. The necessary operating expenses of the Ordinary's office, expressly including the compensation of all personnel and em ployees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture and utilities as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Bryan County.

Section 5. An Act supplementing the compensation received by the Ordinary of Bryan County, approved February 19, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2436), as amended, is hereby repealed in its entirety.

Section 6. 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 7. All laws and parts of laws in conflict with this Act are hereby repealed.

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 passage of the bill, was agreed to by substitute.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
SB 693. By Senator Zipperer of the 3rd: A bill to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, as amended, so as to change the provisions relative to the compensation of the sheriff and deputies.
Senator Zipperer of the 3rd offered the following substitute to SB 693:
A BILL
To be entitled an Act to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual

SATURDAY, FEBRUARY 16, 1974

1337

salary, approved March 10, 1959 (Ga. Laws 1959, p. 2616), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3627), so as to change the provisions relative to the compensation of the sheriff and deputies; to delete the provision relative to approval of deputies by the governing authority; to provide for supplies and equipment; to provide an effective date; to repeal conflicting' laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. An Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, ap proved March 10, 1959 (Ga. Laws 1959, p. 2616), as amended, par ticularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3627), is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2, to read as follows:

"Section 2. The salaries of the following county officers of Bryan County shall be as follows:
Sheriff ._............-._.___._.._._....._........._._._____._........ $10,000.00 per annum
Each Deputy Sheriff, 20th GMD ..........._........_._........ Not less than $6,000.00 or more than $9,000.00 per annum
Each Deputy Sheriff, 19th and 1380th GMD ..._._....._.. Not less than $6,000.00 or more than $9,000.00 per annum
Clerk of Superior Court ....._....__...... - ...._...... -$7,000.00 per annum

All salaries payable under this Act shall be paid in equal month ly installments. The salaries of the deputy sheriffs shall be fixed by the governing authority of Bryan County within the limitations provided herein. There shall be two deputy sheriffs for the 20th GMD and two deputy sheriffs for the 19th and 1380th GMD.

In addition to the salaries provided for above, the sheriff and deputy sheriffs shall each receive an expense allowance in the amount of $300.00 per month."

Section 2. Said Act is further amended by renumbering Sections 3 and 4 as Sections 4 and 5, respectively, and by adding a new Section 3, to read as follows:

"Section 3. The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture and utilities as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discre-

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tion of the governing authority of Bryan County, except as other wise provided by Section 2 of this Act."

Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 50, 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 50, nays 0.

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

SB 694. By Senator Zipperer of the 3rd:
A bill to amend an Act abolishing the offices of tax receiver and tax collector of Bryan County and creating the office of tax commissioner, as amended, so as to change the compensation of the tax commissioner; to provide an effective date.

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

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1487. By Mr. Cole of the 6th:
A bill to amend an Act approved February 24, 1874, amending and codifying the various acts incorporating the City of Dalton, so as to provide a comprehensive and unified pension plan for certain employees of the City of Dalton.

SATURDAY, FEBRUARY 16, 1974

1339

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

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1864. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act creating the office of commissioner of Cherokee County, so as to provide for a board of commissioners of Cherokee County.

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

On the passage of the bill, the ayes were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1867. By Mr. Peters of the 2nd: A bill to amend an Act placing the Sheriff of Catoosa County on an annual salary in lieu of the fee system of compensation, so as to change the compensation provisions relating to the deputies.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1868. By Mr. Peters of the 2nd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, so as to change the compensation of the commissioner.

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

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1869. By Mr. Peters of the 2nd:
A bill to amend an Act creating the office of Tax Commissioner of Catoosa County, so as to increase the clerical allowance of the tax commissioner.

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

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1873. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act placing certain of the county officers of Cherokee County upon an annual salary, so as to change the compensa tion of the sheriff of said county.

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

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1874. By Messrs. Roach, Thomason and Harris of the 8th:
A bill to amend an Act placing the clerk of the superior court and ordinary of Dawson County upon an annual salary, so as to change the compensation of the ordinary and the deputy clerk of the superior court.

SATURDAY, FEBRUARY 16, 1974

1341

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

On the passage of the bill, the ayes were 50, nays 0.

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

HE 1886. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act incorporating the City of Lilburn in the County of Gwinnett, so as to change the election procedures for the governing authority of the said City; to increase the maximum punish ment allowed by the Recorder's Court.

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

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1896. By Mr. Groover of the 75th:
A bill creating and establishing a Small Claims Court for Jones County, to be known as the Small Claims Court of Jones County.

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

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1898. By Messrs. Roach, Harris and Thomason of the 8th:
A bill to fix the compensation of the county commissioner of each county of this State having a population of not less than 30,000 or more than 31,500.

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

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1899. By Messrs. Bohannon and Patterson of the 64th, Mullinax and Ware of the 65th:
A bill to provide the method of filling vacancies in the membership of the Heard County Memorial Hospital Authority.

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

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1907. By Messrs. Morgan of the 70th and Tucker of the 69th:
A bill to amend an Act repealing an Act incorporating the City of Covington and granting a new charter to the City of Covington, so as to change the provisions relating to the election of the mayor and councilmen.

Senator Ballard of the 45th offered the following amendment:
Amend HB 1907 by striking from Section 1 on line 2 of Page 2 the word "four" and inserting in lieu thereof the word "three".
By striking from Section 4 on line 6 of Page 4 the word "four" and inserting in lieu thereof the word "three".

On the adoption of the amendment, the ayes were 50, nays 0, and the amendment was adopted.

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

SATURDAY, FEBRUARY 16, 1974

1343

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1903. By Messrs. Bennett and Reaves of the 124th: A bill to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of said city; to authorize the City of Valdosta to own and operate a public transportation system in the city and in Lowndes County, and to contract for the operation of such system.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 50, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1904. By Messrs. Chance of the 112th, Gignilliat of the 105th, Blackshear of of the 106th and others:
A bill to create a charter for the City of Bloomingdale in the County of Chatham.

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

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1915. By Messrs. Carlisle and Brown of the 67th:
A bill to amend an Act reincorporating and creating a new charter for the City of Fayetteville, so as to redefine the corporate limits of said city.

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

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1766. By Mr. Snow of the 1st:
A bill to create a new Charter for the City of Rossville in the County of Walker; to amend, consolidate, and supersede all laws in force relating to said city; to provide for incorporation.

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

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1776. By Mr. Floyd of the 5th:
A bill to amend an Act placing the Sheriff of Chattooga County upon an annual salary, so as to provide for the appointment of additional personnel within the Sheriff's office.

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

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1777. By Mr. Floyd of the 5th:
A bill to provide that it shall be unlawful for any county officer of Chattooga County to wilfully fail or refuse to account for any county funds or to pay over to the proper fiscal authority any county funds in their charge as required by law.

SATURDAY, FEBRUARY 16, 1974

1345

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

On the passage of the bill, the ayes were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 695. By Senator Herndon of the 10th: A bill to consolidate the offices of Tax Receiver and Tax Collector of Thomas County into the office of Tax Commissioner of Thomas County; to provide for the rights, duties and liabilities of said office; to provide for the election of the Tax Commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide the compensation of the Tax Commissioner.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 50, nays 0.

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

SB 698. By Senator Reynolds of the 48th:
A bill to reincorporate the City of Winder in the County of Barrow; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for ordinances, by-laws, rules and regulations.

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

On the passage of the bill, the ayes were 50, nays 0.

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

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SB 700. By Senator London of the 50th:
A bill to abolish the present mode of compensating the Ordinary of Pannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments.

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

On the passage of the bill, the ayes were 50, nays 0.

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

SB 696. By Senator Herndon of the 10th:
A bill to create a new Board of Commissioners of Thomas County; to provide for the composition, powers and duties of said Board and for the election of the members thereof; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal specific Acts.

The Senate Committee on County and Urban Affairs offered the following substitute to SB 696:
A BILL
To be entitled an Act to create a new Board of Commissioners of Thomas County; to provide for the composition, powers and duties of said Board and for the election of the members thereof; to provide for a county administrator; to provide for all matters relative to the fore going; to repeal specific Acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The affairs of Thomas County, Georgia, hereinafter called "the county," shall be administered by a Board of Commissioners of Thomas County, hereinafter called "the Board," which offices are hereby created and shall become effective in the manner and at the time hereinafter stated.
Section 2. The Board of Commissioners of Thomas County shall have such control of the county affairs as is now conferred by law, and all the powers, rights, duties, liabilities, responsibilities and pro hibitions which were previously conferred by law upon the Board of

SATURDAY, FEBRUARY 16, 1974

1347

Commissioners of Thomas County, and which are not in conflict with this Act, are hereby expressly preserved and shall devolve upon and shall be exercised by the Board of Commissioners of Thomas County herein created. Said powers, rights, duties, liabilities, responsibilities and prohibitions shall be in addition to and supplemental of all such authorities and liabilities as may hereinafter be conferred upon said Board.
Section 3. Any person, in order to be eligible for membership on the Board, must be at least twenty-five (25) years of age, must have been a bona fide resident and citizen of Thomas County for two (2) years immediately preceding the date of his election and must be qualified and registered to vote in Thomas County for the members of the General Assembly.
Section 4. (a) The Board shall be composed of five members. All such members shall be elected by the qualified voters of the entire county. The five positions on the Board shall be designated as Com missioner Post No. One, Commissioner Post No. Two, Commissioner Post No. Three, Commissioner Post No. Four and Commissioner Post No. Five. In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the Post for which he offers as a candidate. To be elected as a member of the Board, a candidate must receive the highest number of votes cast for the Post he is seeking and, at the same time, a candidate must receive a majority of the total votes cast for the election of a commissioner to that post. In the event no candidate for a particular Post receives a majority of the votes for the Post he is seeking, a run-off election shall be conducted for that particular Post in accordance with the provisions of the Georgia Election Code, as now or hereafter amended.

(b) Each person presently serving on the Board shall continue to serve until his present term of office expires. At the general election held in 1974, there shall be elected to Post Nos. 1, 2, and 3 one com missioner each whose term shall commence on the first day of January, 1975. There shall be elected at the general election held in 1976, a commissioner to Post Nos. 4 and 5, whose term shall commence on the first day of January, 1977.

(c) The terms of office of each commissioner, except as otherwise provided herein, shall be four years and until their successors are elected and qualified. All of the electors of Thomas 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.

(d) The provisions of this Section to the contrary notwithstanding, the board shall be composed of eight members until December 31, 1976.

Section 5. The Commissioners of Thomas County shall qualify by taking and subscribing before any officer authorized to administer oaths, an oath for the faithful discharge of the duties of the office to which each is hereafter elected or appointed.

Section 6. Before entering upon the performance of their duties, the members of the Board, including the Chairman, shall give a bond

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in the sum of ten thousand ($10,000.00) dollars each. All bonds shall
be approved by the Ordinary of Thomas County and shall be payable to the county for the use of the county, conditioned upon the faithful discharge of all duties and to account for all funds and property of said county coming into their possession; and the surety on said bonds shall be a corporate surety company duly licensed to do business in the State of Georgia, and the premium therefor shall be paid out of the revenues of said county without any deduction or contribution from such Commissioners.

Section 7. At the first regular meeting in January of each year, the Board shall elect from its members a Chairman and a Vice Chair man. The Chairman shall preside at all meetings of the Board. In the event of death, disqualification or resignation of the Chairman, the Vice Chairman shall perform the duties and have the authority of the Chairman until a new Chairman is chosen as hereinabove provided. The Vice Chairman shall preside at Board meetings in the absence of the Chairman. In the event of a vacancy in the office of Vice Chairman, the Board shall elect a new Vice Chairman to serve for the remainder of the calendar year.

Section 8. In the event of a vacancy caused by any reason, includ ing the death, removal of residency from the county, disqualification or resignation of a member of the Board of Commissioners of Thomas County, including the Chairman, it shall be the duty of the remaining Commissioners of Thomas County to fill the vacancy by appointment within 45 days of the date of such vacancy. All persons elected or ap pointed to fill vacancies pursuant to the provisions of this Section shall serve until the next regular election held in said county for election of
members of the Board of Commissioners, at which election a person shall be elected to serve for the remainder of the unexpired term of any such office.

Section 9. The chairman of the Board of Commissioners shall be compensated in the sum of $300.00 per month. The other Commissioners shall be compensated in the sum of $250.00 per month. The Chairman and each member shall be reimbursed for travel expenses incurred in the performance of their official duties at the same rate as received by members of the General Assembly.

Section 10. The fiscal affairs of the County of Thomas, including the raising of revenue and the approval of the annual budget, shall be under the control of the Board of Commissioners of Thomas County. Said Board shall have regular meetings on the second Tuesday of each month or at least once in each calendar month. The Board may meet in extraordinary session as often as the affairs of the county may require, upon call of the Chairman or any two members of the Board. At all meetings of the Board a majority of the membership thereof shall con stitute a quorum for the transaction of ordinary business, but a majority vote of the full membership of said Board shall be required to take offi cial action. The meetings shall be held in such office or offices as may be designated in the courthouse at Thomasville, Georgia.
Section 11. At its first regular meeting in January of each year,

SATURDAY, FEBRUARY 16, 1974

1349

the Board of Commissioners of Thomas County shall appoint a quali fied person to serve as its clerk. The compensation of the clerk shall be fixed by the Board. The clerk shall be removable at the pleasure of the Board, and any vacancy caused by such removal shall be filled by the Board as soon as is practical. The Clerk shall keep an accurate set of books, minutes, or such other records as directed by the Board of Com missioners of Thomas County. The Board shall cause the clerk to pub lish once each month in the official organ of Thomas County a copy of its minutes, as approved at the most recent meeting.

Section 12. At its first regular meeting in January of each year, the Board of Commissioners of Thomas County shall employ a County Administrator who shall be directly responsible to the Board for the efficient and economical conduct of his duties. The County Administra tor, hereinafter referred to as the Administrator, shall have such quali fications and experience as said Board shall require. The compensation of the Administrator shall be fixed by the Board. The Administrator shall be removable at the pleasure of the Board, and any vacancy cre ated by such removal shall be filled by the Board as soon as is practical. The Administrator shall give a satisfactory surety bond approved by and payable to the Ordinary of Thomas County or his successor in of fice and filed in the office of the Ordinary in a sum fixed by the Board, but not less than $10,000.00, conditioned upon the faithful per formance of the duties of his office. The cost of the bond shall be paid from the funds of Thomas County. The Administrator shall devote his entire time to the duties of his office, shall provide administrative as sistance for the Board and Chairman, and he shall perform the duties enumerated as follows:

(1) Keep and maintain accurate records reflecting the finan cial affairs of the county.

(2) Compile yearly at a time specified by the Board an an nual budget covering all anticipated revenues, the sources thereof, and anticipated expenditures for the ensuing year for the ap proval of the Board.

(3) Sign checks and disburse monthly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same.
(4) Maintain current accounts of the collection and deposit of monies due the county from taxes and other sources.
(5) Examine all claims against the county and make recom mendations as to payment.
(6) Maintain budgetary control accounts showing encum brances for obligations entered into, liquidation of such encum brances, unencumbered balances of allotments, unexpended bal ances of allotments, and all unallotted balances of appropriations.

(7) Maintain proprietary accounts of the current assets and of the liabilities of all county funds.

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(8) Prepare and issue monthly budgetary reports of the oper ations of all county funds.

(9) Maintain property control records of all county property, including equipment and stores.

(10) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend a means of fi nancing those requirements and advise the Chairman and the Board on financial matters.

(11) Conduct such internal audits of county funds as the Board of Commissioners may direct.

(12) Direct and supervise the administration of all county offices and functions and specifically the construction, maintenance and operation of all county roads, bridges, drains, buildings and other public works, the care and maintenance of all personal prop erty owned by Thomas County, and the performance of all con tracts entered into by the county.

(13) Appoint, fix the compensation of, and, when in his dis cretion the welfare of the county requires it, suspend, discharge, transfer or remove all employees for whom the said Board is re sponsible, except employees hereinbefore named who are appointed directly by said Board.

(14) Attend all meetings of the Board.

(15) Act as purchasing agent for the county and enter into, on behalf of the county, all contracts for the purchase by the county of equipment, supplies and services and sign all vouchers for the payment of the same subject to the laws of the State of Georgia and to the rules and regulations of the Board.

(16) Performs such other duties as may be prescribed by the Board.

Section 13. (a) It shall be the duty of the Board of Commission ers of Thomas County to have conducted an annual audit of financial affairs, books and records of Thomas County, in accordance with the provisions of this Section. The Board of Commissioners shall select a certified public accountant or a firm of certified public accountants and employ such certified public accountant or firm so selected as the au ditor of the county to conduct an audit of the county books and records
at the close of each fiscal year of said county.

(b) The auditor so appointed shall make the audits provided for in this Section in accordance with generally accepted governmental ac counting procedures and principles and shall submit a complete and final report and audit to the Board of Commissioners not later than one hundred and twenty (120) days after the close of the fiscal year of the county. All audits provided for in this Section shall be certified to in-

SATURDAY, FEBRUARY 16, 1974

1351

elude, and shall include, but shall not be limited to, a full and complete audit containing a balance sheet, income statement, a statement of re ceipts and disbursements, and a statement showing all indebtedness of whatever kind of the county, its departments and agencies. In the state ment of receipts and disbursements, said auditors shall list the names of the persons, firms or corporations who received a total of one hundred ($100.00) dollars or more during the preceding fiscal year and show for what purpose these funds were received. Such audit reports shall, in addition to showing a complete audit on a county basis, contain a sep arate report for each department and agency of the county government. Should the auditor discover any violations of the law, or any irregulari ties in any of the books of record or procedures of the county, its de partments and agencies, it shall be the duty of the auditor to immedi ately report such violations or irregularities to the Board of Commis sioners and to the grand jury then in session, or if no grand jury is in session, then to the first grand jury convened after such violation or irregularities are discovered.

(c) All audits, as provided for in this Section, shall be reproduced in sufficient number, and a copy shall be delivered and filed with the clerk of the Superior Court of Thomas County and such copy shall be main tained in the office of the clerk of the Superior Court of Thomas County for public inspection and the clerk of the Superior Court shall provide certified copies on request and upon payment of the fee of the clerk therefor.

(d) The office of the Board of Commissioners and the records maintained therein shall be open to inspection by the public at all times during normal office hours, but such inspection shall not interfere with the orderly conduct of business. Records shall not be removed from the Board of Commissioner's office except by court order or when accom panied by an appointed custodian representing the office of the Board of Commissioners.

(e) The compensation of the auditor shall be fixed by agreements between the Board of Commissioners and the auditor selected to make such audit. The compensation of the auditor, as determined pursuant to this subsection, shall be payable from the funds of Thomas County.

Section 14. The present governing authority of Thomas County as established by an Act entitled "An Act to provide for a Board of Commissioners of Roads and Revenues for the County of Thomas; to provide for their election by the people; to prescribe their powers and duties; to fix their compensation; and for other purposes.", approved December 21, 1898 (Ga. Laws 1898, p. 378), and all amendatory Acts thereto is hereby repealed in its entirety.

Section 15. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 50, nays 0, and the substitute was adopted.

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

On the passage of the bill, the ayes were 50, nays 0.

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

S$ 706. By Senators Henderson of the 33rd and Moore of the 56th:
A bill to amend an Act creating the State Court of Cobb County, for merly known as the Civil and Criminal Court of Cobb County, as amended so as to provide for an additional judge of the State Court of Cobb County; to provide for the powers, duties, jurisdiction, privileges, immunities and compensation of said additional judge.

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

On the passage of the bill, the ayes were 50, nays 0.

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

SB 701. By Senator London of the 50th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Fannin County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments.

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

On the passage of the bill, the ayes were 50, nays 0.

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

SATURDAY, FEBRUARY 16, 1974

1363

SB 702. By Senator London of the 50th:
A bill to amend an Act creating the office of Commissioner of roads and revenues of Fannin County, as amended, so as to change the number of members on the board of commissioners; to provide for appointment of certain interim commissioners.

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

On the passage of the bill, the ayes were 50, nays 0.

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

HB 1872. By Mr. Irvin of the 10th:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the provisions relative to said board of com missioners; to provide the voters with certain options relative to the governing authority of Stephens County by referendum election.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1872 by striking from lines 6 and 7 on Page 3 the following:
"and any member of said Board may request the Chairman to call a meeting.",
and inserting in lieu thereof the following:
"or any two members may call a meeting of said Board."
By striking from lines 20 and 21 on Page 4 the following:
"and any member of said Board may request the Chairman to call a meeting.",
and inserting in lieu thereof the following:
"or any two members may call a meeting of said Board."
By striking the period following the word "necessary" where it ap pears in line 10 on Page 6 and inserting in lieu thereof the following:

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", or any two members may call a meeting of said Board."

By striking the period following the word "necessary" where it ap pears in line 3 on Page 8 and inserting in lieu thereof the following:

", or any two members may call a meeting of said Board."

On the adoption of the amendment, the ayes were 50, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the ayes were 50, nays 0.

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

SB 705. By Senator London of the 50th:
A bill to amend an Act providing a new charter for the City of Helen, as amended, so as to authorize the governing authority to exercise the power of eminent domain; to change the provisions relating to the city clerk; to authorize the governing authority to regulate and tax the sale of alcoholic beverages.

Senator London of the 50th offered the following amendment:
Amend SB 705 by striking from line 25 of Page 1 the following: "electrical systems,".

On the adoption of the amendment, the ayes were 50, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 50, nays 0.

SATURDAY, FEBRUARY 16, 1974

1355

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

The following resolutions of the Senate were read and adopted:

SR 391. By Senator Kennedy of the 4th:
A resolution expressing sympathy at the passing of Honorable Henry C. Kennedy.

SR 390. By Senator Kennedy of the 4th: A resolution commending Mr. Robert L. (Bobby) Lewis, Jr.

SR 395. By Senator Cleland of the 55th:
A resolution commending the Lions Clubs of Georgia and their annual Beach Bowl Classic.

SR 396. By Senator Hudgins of the 15th: A resolution commending Mr. Ed Deaton.

Senator Duncan of the 30th offered the prayer.

The President suspended the morning roll call.

The President announced the Senate would stand in recess from 10:30 o'clock A. M. until 4:30 o'clock P. M.

The President called the Senate to order at 4:30 o'clock P. M.

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 1614. By Messrs. Ellis of the 107th, Smith of the 74th and Atherton of the 19th:
A bill to provide definitions; to provide for a declaration of purpose; to create a Motor Vehicle Commission; to provide for the licensing of motor vehicle manufacturers, factory branches and divisions, factory

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JOURNAL OF THE SENATE,

representatives, distributors, distribution branches and divisions, distri bution representatives, wholesalers, wholesaler's branches and divisions.

HB 1323. By Messrs. Adams of the 84th, Patten of the 124th and others:
A bill to amend an Act providing that it shall be unlawful for any motor vehicle, other than low enforcement vehicles, to be operated with flash ing or revolving blue lights, so as to authorize and direct the Commis sioner of the Department of Public Safety to issue rural mail carriers lifetime permits to display two amber colored flashing lights on any vehicle operated by them for the purpose of delivering mail.

HB 1914. By Messrs. Levitas of the 50th, Horton of the 43rd and others:
A bill to amend an Act providing for the preparation and implementa tion of comprehensive plans for the protection of major streams which are the primary source of drinking water for certain metropolitan areas, so as to correct certain definitions; to provide that notice of hearings held pursuant to that Act shall be advertised once a week for two weeks rather than for two weeks.

HB 1805. By Messrs. Edwards of the 95th, Jordan of the 58th and others:
A bill to prohibit any State board, body, agency, official, institution or other person or associations from discriminating against optometrists licensed under Code Chapter 84-11 for visual care services when the visual care services are within the scope of practice of optometrists licensed under said Chapter.

The following communication from His Excellency, Governor Jimmy Carter, received at 2:30 o'clock P. M. was read by the Secretary:
EXECUTIVE DEPARTMENT Atlanta 30334
February 16, 1974
Honorable Lester G. Maddox Lieutenant Governor and President of the Senate and Members of the Senate State Capitol Atlanta, Georgia 30334
Gentlemen:
The following appointments are submitted herewith for confirmation by the State Senate are provided by law:
Honorable Lloyd L. Summer, Jr. of Floyd County as a member of

SATURDAY, FEBRUARY 16, 1974

1357

the Board of Natural Resources for a term beginning February 8, 1974, and ending January 1, 1975.

Mrs. Dorothy Thompson White of Richmond County as a member of the Board of Examiners of Nurses for Georgia for a term beginning February 13, 1974, and ending September 23, 1976.

Miss Loretta Roberts of Gwinnett County as a member of the Board of Examiners of Nurses for Georgia for a term beginning Febru ary 13, 1974, and ending September 23, 1976.

Dr. Joseph L. Girardeau of Fulton County as a member of the State Medical Education Board for a term beginning February 13, 1974, and ending April 1, 1977.

Honorable E. Wilson Hawes of McDuffie County as a member of the Board of Directors, Georgia Higher Education Assistance Corpora tion for a term beginning February 13, 1974, and ending March 15, 1979.

Honorable L. R. Turpin of Habersham County as a member of the Board of Directors, Georgia Higher Education Assistance Corporation for a term beginning March 15, 1974, and ending March 15, 1980.

Honorable Billy Dilworth of Franklin County as a member of the Board of Directors, Georgia Higher Education Assistance Corporation for a term beginning March 15, 1974, and ending March 15, 1980.

Mrs. Stanley Friedman of Chatham County as a member of the Board of Directors, Georgia Higher Education Assistance Corporation for a term beginning February 16, 1974, and ending March 15, 1978.

Honorable Bruce Bannister of Fulton County as a member of the Advisory Council for the Georgia Crime Information Center for a term beginning March 1, 1974, and ending as provided by law.

Honorable George Bullock of Clarke County as a member of the State Building Administrative Board for a term beginning February 15. 1974, and ending December 1, 1977.

Honorable Glyndon Music of Lanier County as a member of the Georgia State Board of Funeral Service for a term beginning February 16. 1974, and ending February 13, 1976.

Reverend Albert Cardwell of Bibb County as a member of the Hospital Advisory Council for a term beginning February 15, 1974, and ending July 1, 1977.

Mrs. Shirley K. Altman of Thomas County as a member of the Hospital Advisory Council for a term beginning February 15, 1974, and ending July 1, 1976.

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Dr. J. Curtis Lane of Bulloch County as a member of the Hospital Advisory Council for a term beginning February 16, 1974, and ending July 1, 1976.

Dr. John Chandler of Richmond County as a member of the Board of Human Resources for a term beginning February 16, 1974, and ending April 6, 1975.

Mrs. Leah Chanin of Bibb County as a member of the Board of Human Resources for a term beginning February 16, 1974, and ending April 6, 1975.

Honorable James T. Morris of Oconee County as a member of the State Board of Pardons and Paroles for a term beginning February 16, 1974, and ending February 16, 1981.

Honorable Cyrus Neuner of Lamar County as a member of the State Personnel Board for a term beginning February 13, 1974, and ending November 23, 1980.

Honorable John Gay of Dougherty County as a member of the State Board of Examiners of Plumbing Contractors for a term begin ning February 16, 1974, and ending June 30, 1976.

Honorable Charles Ingram of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 16, 1974, and ending June 30, 1976.

Honorable James D. Dorsey of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 16, 1974, and ending June 30, 1976.

Honorable Marion Lee of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 16, 1974, and ending June 30, 1976.

Honorable Wiley Mitchell of Fulton County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 16, 1974, and ending June 30, 1976.

Honorable G. Sidney Hampton of Fulton County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 16, 1974, and ending June 30, 1976.

Honorable C. Dan Blackshear of Dougherty County as a member of the Georgia Real Estate Commission for a term beginning February 15, 1974, and ending January 29, 1977.

Honorable Lamar R. Plunkett of Carroll County as a member of the Board of Regents of the University System of Georgia for a term beginning February 16, 1974, and ending January 1, 1981.

SATURDAY, FEBRUARY 16, 1974

1359

Honorable Norman W. Miller, II of Fulton County as a member of the State Board of Veterans Service for a term beginning February 16, 1974, and ending April 1, 1980.

Honorable Willis Haugen of Coweta County as a member of the Board of Human Resources for a term beginning February 16, 1974, and ending April 6, 1976.

Sincerely, /s/ Jimmy Carter

The following bills of the House were read the first time and referrred to Committees:

HB 1323. By Messrs. Adams of the 84th, Patten of the 124th, Ware of the 65th and others:
A bill to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, so as to authorize and direct the Commissioner of the Department of Public Safety to issue rural mail carriers lifetime permits to display two amber colored flashing lights on any vehicle operated by them for the purpose of delivering mail.
Referred to Committee on Highways.

HB 1614. By Messrs. Ellis of the 107th, Smith of the 74th and Atherton of the 19th:
A bill to provide definitions; to provide for a declaration of purpose; to create a Motor Vehicle Commission; to provide for the licensing of motor vehicle manufacturers, factory branches and divisions, factory representatives, distributors, distribution branches and divisions, dis tribution representatives wholesalers, wholesaler's branches and di visions.
HB 1805. By Messrs. Burton of the 47th, Wheeler of the 127th, Noble of the 48th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide certain requirements relative to the certification of teachers, principals and guidance counselors.
Referred to Committee on Health and Welfare.

HB 1914. By Messrs. Levitas of the 50th, Burruss of the 21st, Gignilliat of the 105th:
A bill to amend an Act providing for the preparation and implementa-

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JOURNAL OP THE SENATE,

tion of comprehensive plans for the protection of major streams which are the primary source of drinking water for certain metropolitan areas, so as to correct certain definitions; to provide that notice of hearings held pursuant to that Act shall be advertised once a week for two weeks rather than for two weeks.
Referred to Committee on Natural Resources and Environmental Quality.

Senator McDuffie of the 19th 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.

MONDAY, FEBRUARY 18, 1974

1361

Senate Chamber, Atlanta, Georgia Monday, February 18, 1974.

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today, and was called to order by the President Pro Tempore, Senator Gillis of the 20th:

Senator Young of the 13th reported that the journal of Saturday's pro ceedings had been read and found correct.

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

The 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 2039. By Messrs. Colwell and Twiggs of the 4th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to remove the limit of compensation for the Supervisor of Roads.

HB 2040. By Messrs. Strickland and Harrison of the 116th:
A bill to abolish the present mode of compensating the Ordinary of Jeff Davis County, known as the fee system; to provide in lieu thereof an annual salary.

HB 2041. By Mr. McDonald of the 12th:
A bill to amend an Act creating a new charter for the City of Jefferson, so as to correct the legal description of the corporate boundaries.

HB 2043. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act to abolish the present mode of compensating the clerk of the superior court and the tax commissioner of Jeff Davis County, so as to change the salary of the clerk of the superior court and tax commissioner.

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JOURNAL OF THE SENATE,

HB 2044. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act placing the Clerk of the Superior Court and the Tax Commissioner of Jeff Davis County on an annual salary, so as to change the provisions relative to the compensation of the personnel employed by the clerk of the superior court.

HB 2045. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary so as to change the salary of the sheriff.

HB 2046. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act placing the Sheriff of Jeff Davis County on a salary, so as to change the provisions relating to compensation of certain personnel in the sheriff's office.

HB 2047. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A bill to amend an Act incorporating the City of Riverdale in the County of Clayton in the State of Georgia, so as to clarify the provi sions relating to the election of the mayor and council by majority vote.

HB 2048. By Messrs. Chance of the 112th, Triplett of the lllth, Alien of the 108th and others:
A bill to amend an Act creating a new charter for the Town of Pooler, so as to change the corporate limits of said city.

HB 2049. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, as amended, in order to permit the Chairman of the Board of Commissioners to hold another public office, provided said office is not elected.

HB 2050. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act known as the "Gwinnett County Water and Sewerage Authority Act", so as to provide for the membership and for the appointment of members of the Authority and their terms of tenure and compensation.

HB 2053. By Messrs. Collins of the 45th, Geisinger of the 44th and others:
A bill to create the DeKalb County Oglethorpe Housing Foundation; to provide for a short title; to provide for legislative findings and declaration of necessity.

MONDAY, FEBRUARY 18, 1974

1363

HB 2054. By Mr. Sweat of the 125th:
A bill to amend an Act placing the Clerk of the Superior Court of Atkinson County upon an annual salary, so as to authorize the governing authority of Atkinson County to fix the compensation of the deputy clerk of the Clerk of the Superior Court of Atkinson County.

HB 2055. By Mr. Sweat of the 125th:
A bill to amend an Act creating the office of Tax Commissioner of Atkinson County, so as to authorize the Tax Commissioner of Atkinson County to employ a clerk.

HB 2056. By Mr. Sweat of the 125th:
A bill to amend an Act placing the Sheriff of Clinch County on an an nual salary, so as to increase the rate of mileage by which the sheriff, his deputies, and his clerk are reimbursed; to increase the amount paid per day for the feeding of prisoners.

HB 2057. By Mr. Sweat of the 125th:
A bill to amend an Act providing a supplemental salary for the Ordinary of Atkinson County, so as to change the supplemental salary of the Ordinary of Atkinson County.

SB 420. By Senator London of the 50th:
A bill to amend an Act creating a new charter for the City of Blue Ridge, so as to change the maximum ad valorem tax rate which may be levied by the mayor and councilmen of said city; to repeal conflicting laws.

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

HR 689. By Messrs. Mason of the 59th and Wall of the 61st:
A resolution proposing an amendment to the Constitution empowering the Board of Commissioners of Gwinnett County to license and regulate businesses and levy a license tax on businesses in Gwinnett County.

HR 693. By Messrs. Gignilliat of the 105th, Ellis of the 107th and others:
A resolution proposing an amendment to the Constitution so as to autho rize the governing authorities of Chatham County to enter into contracts and other agreements including the execution of security deeds and

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JOURNAL OF THE SENATE,

notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obligation thereof.

HE 694. By Messrs. Kreeger of the 21st, McDaniell of the 20th and others:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to redefine the education districts of the Cobb County School District.

HR 488. By Messrs. Murphy of the 18th, Busbee of the 114th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the Speaker Pro Tempore of the House shall act in case of the death, resignation or disability of the Speaker, or in the event the Speaker succeeds to the executive power.

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

HB 1405. By Messrs. Petro of the 46th, Dean of the 54th, Mrs. Clark of the 55th and others:
A bill to provide that in all counties of this State having a population of not less than 400,000 not more than 600,000 wherein the sale of alco holic beverages, distilled spirits, malt beverages or wines is lawfully authorized, such sales for consumption on the premises shall be autho rized during certain hours.

HB 1850. By Messrs. Murphy of the 18th, Floyd of the 5th and others:
A bill to amend an Act to fix the salaries of the judges of the superior courts, so as to change the maximum salary which may be paid from State funds for secretaries of superior court judges and district attor neys.

HB 1606. By Messrs. Murphy of the 18th, Floyd of the 5th and others:
A bill to amend an Act creating the Department of Public Safety, so as to change the compensation of certain members of the Department of Public Safety.

HB 1334. By Mr. Lane of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to creditable service for leaves of absence.

MONDAY, FEBRUARY 18, 1974

1365

HB 1446. By Mr. Adams of the 36th:
A bill to amend an Act known as the "Georgia Boat Safety Act", so as to provide for the licensing and numbering of livery boats.

HB 1622. By Messrs. McDonald of the 12th and Murphy of the 18th:
A bill to amend an Act providing for the registration of trademarks so as to change the provisions relating to registration of trademarks or service marks and grounds for refusal.

HB 1963. By Messrs. Rogers and Harden of the 128th:
A bill to authorize each municipal corporation and each county of this State to enter into certain valid and binding contracts to provide indus trial waste water treatment services.

HB 1626. By Messrs. Jones of the 109th, Colwell of the 4th and others:
A bill to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners, so as to provide for the reimbursement of counties for the cost of maintaining certain prisoners in the county jails before such prisoners are transferred to the place of confinement where the sentence is to be served.

HB 1889. By Messrs. Williams of the 9th and Murphy of the 18th:
A bill to amend Code Title 13, known as the "Banking Law" of Georgia, as amended, so as to provide that no person, firm or corporation other than a bank, savings and loan association or credit union shall accept "savings" or "savings accounts" or "deposits" except under certain con ditions; to define "deposit".

HB 1689. By Messrs. Hutchinson of the 114th, Bostick of the 123rd and others:
A bill to amend an Act providing who may appear and practice before the State Board of Pardons and Paroles, so as to prohibit members of the General Assembly from appearing before the State Board of Pardons and Paroles on behalf of any prisoner for compensation.

HB 1851. By Mr. Dollar of the 63rd:
A bill to amend an Act authorizing the governing authorities of the several municipalities and counties to establish separate or joint planning facilities, so as to require written reasoning for a decision by a govern ing authority which is to the contrary of the recommendation of the appropriate planning commission.

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JOURNAL OF THE SENATE,

HB 1887. By Mr. Farrar of the 52nd:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act," so as to change the provisions relative to county and regional public libraries; to provide for distribution of funds directly to such county and regional public libraries.

HB 1998. By Mr. Busbee of the 114th: A bill to authorize the Governor of Georgia to appoint an Attorney at Law to serve as Consumers' Rate Counsel in pending utility rate cases, to define the duties of Consumers' Rate Counsel, to provide for remunera tion, to provide an effective date.
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 542. By Senator Herndon of the 10th: A bill to amend an Act creating a Small Claims Court in certain coun ties, so as to change the cost provisions of said courts.
SB 477. By Senators Hudgins of the 15th and Jackson of the 16th: A bill to amend Code Section 47-102, relating to State Senatorial Dis tricts, so as to change the provisions relative to certain Senatorial Districts.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 187. By Senators Henderson of the 33rd and Moore of the 56th:
A bill to amend an Act creating the State Court of Cobb County, so as to create an office of magistrate.

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

HR 575. By Mr. Harrington of the 93rd:
A resolution authorizing the lease of certain real property located in Baldwin County.

MONDAY, FEBRUARY 18, 1974

1367

HR 595. By Mr. Harrington of the 93rd:
A resolution transferring control and jurisdiction of a tract of land lo cated in Baldwin County to the State Properties Commission and autho rizing said commission to lease said tract of land to Baldwin County and the City of Milledgeville.

HR 592. By Mr. Mullinax of the 65th:
A resolution authorizing the State Properties Control Commission to con vey to the United States Corps of Engineers certain tracts and parcels of state-owned property.

HR 489. By Messrs. Coleman of the 102nd, Adams of the 74th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that any person who is serving or has served in the organized militia of the Georgia National Guard and who has not been dishonorably discharged therefrom shall be given such preference in any civil service program established in the State government or any political subdivision thereof as may be determined by appropriate action of the General Assembly.

HR 628. By Mssrs. Knight, Mullinax and Ware of the 65th:
A resolution authorizing the conveyance of a certain tract or parcel of land located in Coweta County, Georgia, to Harrison Ward and Alma Lilly Ward.

HR 635. By Mr. Harris of the 8th: A resolution authorizing the disposal of a tract of state-owned property located in Bartow County.
HR 636. By Mr. Harris of the 8th: A resolution authorizing the disposal of a tract of state-owned property located within the City of Cartersville.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 1781. By Messrs. Kreeger of the 21st, and others: 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.

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JOURNAL OF THE SENATE,

The House has agreed to the Senate substitute to the following bill of the House, to-wit:

HB 295. By Messrs. Morgan of the 70th and Carrell of the 71st:
A bill to supplement the salary of the judge of the superior court of the Alcovy Judicial Circuit from the funds of Newton County.

The House has agreed to the Senate substitute, as amended by the House, to the following resolution of the House, to-wit:

HR 461. By Mr. Wamble of the 120th:
A resolution authorizing the conveyance of certain real property located in Cairo Grady County, Georgia.

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

SB 721. By Senators Wasden of the 2nd and Riley of the 1st:
A bill to amend an Act creating the State Court of Chatham County, formerly the Court of Common Pleas, and of Oyer and Terminer, for the City of Savannah, as amended, so as to change the provisions relating to the number and selection of jurors in misdemeanor trials in said court; to provide an effective date.

SR 399. By Senator Tysinger of the 41st:
A resolution authorizing the Science and Technology Committee to func tion after the final adjournment of the 1974 Session of the General As sembly.
Referred to Committee on Rules.

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

HB 2039. By Messrs. Colwell and Twiggs of the 4th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to remove the limit of compensation for the Supervisor of Roads.
Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 18, 1974

1369

HB 2040. By Messrs. Strickland and Harrison of the 116th:
A bill to abolish the present mode of compensating the Ordinary of Jeff Davis County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on County and Urban Affairs.

HB 2041. By Mr. McDonald of the 12th:
A bill to amend an Act creating a new charter for the City of Jefferson, so as to correct the legal description of the corporate boundaries.
Referred to Committee on County and Urban Affairs.

HB 2043. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act to abolish the present mode of compensating the clerk of the superior court and the tax commissioner of Jeff Davis County, so as to change the salary of the clerk of the superior court and tax commissioner.
Referred to Committee on County and Urban Affairs.
HB 2044. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act placing the Clerk of the Superior Court and the Tax Commissioner of Jeff Davis County on an annual salary, so as to change the provisions relative to the compensation of the personnel em ployed by the clerk of the superior court.
Referred to Committee on County and Urban Affairs.

HB 2045. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the salary of the sheriff.
Referred to Committee on County and Urban Affairs.

HB 2046. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act placing the Sheriff of Jeff Davis County on a salary, so as to change the provisions relating to compensation of certain personnel in the sheriff's office.
Referred to Committee on County and Urban Affairs.

HB 2047. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th: A bill to amend an Act incorporating the City of Riverdale in the County

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of Clayton in the State of Georgia, so as to clarify the provisions relating to the election of the mayor and council by majority vote.
Referred to Committee on County and Urban Affairs.

HB 2048. By Messrs. Chance of the 112th, Triplett of the lllth, Alien of the 108th and others:
A bill to amend an Act creating a new charter for the Town of Pooler, so as to change the corporate limits of said city.
Referred to Committee on County and Urban Affairs.

HB 2049. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, as amended, in order to permit the Chairman of the Board of Commissioners to hold another public office, provided said office is not elective.
Referred to Committee on County and Urban Affairs.

HB 2050. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act known as the "Gwinnett Couny Water and Sewer age Authority Act", so as to provide for the membership and for the appointment of members of the Authority and their terms of tenure and compensation.
Referred to Committee on County and Urban Affairs.

HB 2053. By Messrs. Collins of the 45th, Geisinger of the 44th, Burton of the 47th and others:
A bill to create the DeKalb County Oglethorpe Housing Foundation; to provide for a short title; to provide for legislative findings and declara tion of necessity.
Referred to Committee on County and Urban Affairs.

HB 2054. By Mr. Sweat of the 125th:
A bill to amend an Act placing the Clerk of the Superior Court of Atkinson County upon an annual salary, so as to authorize the governing authority of Atkinson County to fix the compensation of the deputy clerk of the Clerk of the Superior Court of Atkinson County.
Referred to Committee on County and Urban Affairs.

HB 2055. By Mr. Sweat of the 125th: A bill to amend an Act creating the office of Tax Commissioner of Atkin-

MONDAY, FEBRUARY 18, 1974

1371

son County, so as to authorize the Tax Commissioner of Atkinson County to employ a clerk.
Referred to Committee on County and Urban Affairs.

HB 2056. By Mr. Sweat of the 125th:
A bill to amend an Act placing the Sheriff of Clinch County on an an nual salary, so as to increase the rate of mileage by which the sheriff, his deputies, and his clerk are reimbursed; to increase the amount paid per day for the feeding of prisoners.
Referred to Committee on County and Urban Affairs.

HB 2057. By Mr. Sweat of the 125th:
A bill to amend an Act providing a supplemental salary for the Ordi nary of Atkinson County, so as to change the supplemental salary of the Ordinary of Atkinson County.
Referred to Committee on County and Urban Affairs.

HB 1334. By Mr. Lane of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to creditable service for leaves of absence.
Referred to Committee on Retirement.

HB 1405. By Messrs. Petro of the 46th, Dean of the 54th, Mrs. Clark of the 55th and Mr. Horton of the 56th:
A bill to provide that in all counties of this state having a population of not less than 400,000 nor more than 600,000, wherein the sale of alcoholic beverages, distilled spirits, malt beverages or wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours.
Referred to Committee on Temperance.

HB 1446. By Mr. Adams of the 36th:
A bill to amend an Act known as the "Georgia Boat Safety Act", so as to provide for the licensing and numbering of livery boats.
Referred to Committee on Naural Resources and Environmental Quality.

HB 1606. By Messrs. Murphy of the 18th, Burruss of the 21st, Floyd of the 5th and others:
A bill to amend an Act creating the Department of Public Safety, so as

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to change the compensation of certain members of the Department of Public Safety.
Referred to Committeee on Appropriations.

HB 1622. By Messrs. McDonald of the 12th and Murphy of the 18th:
A bill to amend an Act providing for the registration of trademarks, so as to change the provisions relating to registration of trademarks or service marks and grounds for refusal.
Referred to Committee on Industry and Labor.

HB 1626. By Messrs. Jones of the 109th, Colwell of the 4th, Chance of the 112th and others:
A bill to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners, so as to provide for the reimbursement of counties for the cost of maintaining certain prisoners in the county jails before such prisoners are transferred to the place of confinement where the sentence is to be served.
Referred to Committee on Penal and Correctional Affairs.

HB 1689. By Messrs. Hutchinson of the 114th, Bostick of the 123rd, Chance of the 112th and Morgan of the 70th:
A bill to amend an Act providing who may appear and practice before the State Board of Pardons and Paroles, so as to prohibit members of the General Assembly from appearing before the State Board of Pardons and Paroles or contracting any member of the State Board of Pardons and Paroles on behalf of any prisoner for compensation.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

HB 1850. By Messrs. Murphy of the 18th, Floyd of the 5th, Busbee of the 114th and others:
A bill to amend an Act to fix the salaries of the judges of the superior courts, so as to change the maximum salary which may be paid from State funds for secretaries of superior court judges and district at torneys.
Referred to Committee on Appropriations.

HB 1851. By Mr. Dollar of the 63rd:
A bill to amend an Act authorizing the governing authorities of the sev eral municipalities and counties to establish separate or joint planning

MONDAY, FEBRUARY 18, 1974

1373

facilities, so as to require written reasoning for a decision by a governing authority which is to the contrary of the recommendation of the appro priate planning commission.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

HB 1887. By Mr. Farrar of the 52nd:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to county and regional public libraries; to provide for distribution of funds directly to such county and regional public libraries.
Referred to Committee on Elementary and Secondary Education.

HB 1889. By Messrs. Williams of the 9th and Murphy of the 18th:
A bill to amend Code Title 13, known as the "Banking Law" of Georgia, as amended, so as to provide that no person, firm or corporation other than a bank, savings and loan association or credit union shall accept "savings" or "savings accounts" or "deposits" except under certain con ditions; to define "deposit"; to provide an effective date.
Referred to Committee on Banking and Finance.

HB 1963. By Messrs. Rogers and Harden of the 128th:
A bill to authorize each municipal corporation and each county of this State to enter into certain valid and binding contracts to provide indus trial waste water treatment services.
Referred to Committee on County and Urban Affairs.

HB 1998. By Mr. Busbee of the 114th:
A bill to authorize the Governor of Georgia to appoint an Attorney at Law to serve as Consumers' Rate Counsel in pending utility rate cases, to define the duties of Consumers' Rate Counsel, to provide for remunera tion, to provide an effective date.
Referred to Committee on Public Utilities and Transportation.

HR 488. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and others:
A resolution proposing an amendment to the Constitution so as to provide that the Speaker Pro Tempore of the House shall act in case of the death, resignation or disability of the Speaker, or in the event the Speaker succeeds to the executive power.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

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HB 489. By Messrs. Coleman of the 102nd, Adams of the 74th, Walker of the 100th and others:
A resolution proposing an amendment to the Constitution so as to provide that any person who is serving or has served in the organized militia of the Georgia National Guard and who has not been dishonorably dis charged therefrom shall be given such reference in any civil service pro gram established in the State government or any political subdivision thereof as may be determined by appropriate action of the General As sembly.
Referred to Committee on Defense and Veterans Affairs.

HR 575. By Mr. Harrington of the 93rd:
A resolution authorizing the lease of certain real property located in Baldwin County.
Referred to Committee on Public Utilities and Transportation.

HR 595. By Mr. Harrington of the 93rd:
A resolution transferring control and jurisdiction of a tract of land located in Baldwin County to the State Properties Control Commission and authorizing said commission to lease said tract of land to Baldwin County and the City of Milledgeville.
Referred to Committee on Public Utilities and Transportation.

HR 628. By Messrs. Knight, Mullinax and Ware of the 65th:
A resolution authorizing the conveyance of a certain tract or parcel of land located in Coweta County, Georgia, to Harrison Ward and Alma Lilly Ward.
Referred to Committee on Public Utilities and Transportation.

HR 635. By Mr. Harris of the 8th:
A resolution authorizing the disposal of a tract of state-owned property located in Bartow County.
Referred to Committee on Public Utilities and Transportation.

HR 636. By Mr. Harris of the 8th:
A resolution authorizing the disposal of a tract of state-owned property located within the City of Cartersville.
Referred to Committee on Public Utilities and Transportation.

MONDAY, FEBRUARY 18, 1974

1375

HR 592. By Mr. Mullinax of the 65th:
A resolution authorizing the State Properties Control Commission to con vey to the United States Corps of Engineers certain tracts and parcels of state-owned property.
Referred to Committee on Public Utilities and Transportation.

HR 689. By Messrs. Mason of the 59th and Wall of the 61st:
A resolution proposing an amendment to the Constitution empowering the Board of Commissioners of Gwinnett County to license and regulate businesses and levy a license tax on businesses in Gwinnett County.
Referred to Committee on County and Urban Affairs.

HR 693. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Hill of the 110th and others:
A resolution proposing an amendment to the Constitution so as to autho rize the governing authorities of Chatham County to enter into contracts and other agreements including the execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obligation thereof.
Referred to Committee on County and Urban Affairs.

HR 694. By Messrs. Kreeger of the 21st, McDaniell of the 20th, Nix of the 20th and others:
A resolution proposing an amendment to the Constitution so as to autho rize the General Assembly to redefine the education districts of the Cobb County School District.
Referred to Committee on County and Urban Affairs.

The following standing committee report was read by the Secretary:

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 713. Do pass. SB 715. Do pass.

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SB 718. Do pass. SB 719. Do pass. SB 720. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

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

SB 713. By Senators Moore of the 56th and Henderson of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, for merly known as the Civil and Criminal Court of Cobb County, as amended, so as to change the compensation of the solicitor; to provide an effective date.

SB 715. By Senators Moore of the 56th and Henderson of the 33rd:
A bill to amend an Act providing for the compensation of the Judge of the Cobb Juvenile Court, as amended, so as to change the compensation of said Judge; to provide an effective date.

SB 718. By Senators Henderson of the 33rd and Moore of the 56th:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, as amended, so as to change the salary of the ordinary; to provide an effective date.

SB 719. By Senator Cox of the 21st:
A bill to amend an Act establishing the State Court of Jenkins County, formerly the City Court of Millen, as amended, so as to change the com pensation of the judge and the solicitor; to provide an effective date.

SB 720. By Senator Cox of the 21st:
A bill to amend an Act establishing a board of commissioners of roads and revenues for the County of Jenkins, as amended, so as to change the compensation of the members of the board; to provide an effective date.

MONDAY, FEBRUARY 18, 1974

1377

The following local, uncontested bills of the Senate and House, favorably re ported by the committee, were read the third time and put upon their passage:

SB 707. By Senator Salter of the 17th:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the com pensation of the ordinary; to provide an effective date.

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

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1737. By Mr. Davis of the 56th: A bill to amend an Act creating the Recorder's Court of DeKalb County, so as to change the provisions relative to the qualifications of the judge of said court; to change the maximum punishment which may be im posed by the recorder's court.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1758. By Messrs. Castleberry of the 96th and Edwards of the 95th: A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to change the compensation of the chairman and members of the Board of Commissioners.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

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

HB 1759. By Messrs. Lane and Nessmith of the 76th:
A bill to provide that the Board of Commissioners of Screven County shall have the authority to establish for its officers and employees a retirement and pension benefit plan.

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

On the passage of the bill, the ayes were 46, nays 0.

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

HB 1785. By Messrs. Lewis of the 77th, Nessmith and Lane of the 76th:
A bill to amend an Act creating the State Court of Burke County, so as to change the compensation of the judge and solicitor of said court.

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

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1920. By Mr. Irvin of the 10th: A bill to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the provisions relative to the Sheriff's deputies.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 18, 1974

1379

HB 1921. By Mr. Irvin of the 10th:
A bill to amend an Act incorporating the Town of Martin, so as to change the provisions relative to the election of the members of the gov erning body of said Town.

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

On the passage of the bill, the ayes were 46, nays 0.

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

HB 1922. By Mr. Phillips of the 103rd:
A bill to amend an Act placing the Sheriff of Montgomery County upon an annual salary, so as to change the provisions relative to the compensa tion of the sheriff's secretary.

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

On the passage of the bill, the ayes were 46, nays 0.

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

HB 1881. By Messrs. Kreeger of the 21st, Nix and McDaniell of the 20th:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits of the City of Smyrna.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1881 by adding following the word "thence" on line 19 on Page 8, the following:
"South".
By adding following the word "thence" on line 7 of Page 9, the fol lowing :
"North".

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On the adoption of the amendment, the ayes were 46, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 992. By Mr. Marcus of the 26th:
A bill to amend Code Title 59, relating to juries, so as to provide for special purpose grand juries in certain counties (population of 600,000 or more).

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 992 by adding to the material quoted as Code Section 59-602A, following line 17 on Page 2, a new subsection (c), to read as follows:
"(c) While conducting any investigation authorized by this chap ter, investigative grand juries may compel evidence and subpoena wit nesses, may inspect records, documents, correspondence and books of any department, agency, board, bureau, commission, institution or authority of the State or any of its political subdivisions, and may require the production of records, documents, correspondence and books of any person, firm or corporation which relate directly or in directly to the subject of the investigation being conducted by such investigative grand jury."

On the adoption of the amendment, the ayes were 46, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.

MONDAY, FEBRUARY 18, 1974

1381

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

Senator Stephens of the 36th moved that HB 992 be immediately transmitted to the House.

On the motion, the ayes were 29, nays 0; the motion prevailed, and HB 992 was immediately transmitted to the House.

HB 1924. By Messrs. Berlin, Pinkston, Coney of the 89th and others:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts"; to consolidate into one Act, with such changes as may have be come necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corpora tion.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1924 by inserting in line 23 of Page 1, after the word "responsibilities;", the following:
"to provide an effective date;".
By inserting after the word "mayor" in line 22 of Page 2 the fol lowing :
"until the next general election as set forth by the laws of the State of Georgia".
By striking the word "new" in line 32 of Page 2, and by inserting after the word "president" on said line, the words "pro tempore".
By adding before the quotation mark in line 33 of Page 2 the fol lowing :
"He shall preside as president of the council while the original president of the council is unable to serve for any reason or is serving as mayor".
By striking in their entirety lines 20 through 27 of Page 3 and substituting in lieu thereof the following:
"(3) To appoint the chief administrative officer and all other department heads with the advice and consent of a majority of the

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council and to remove them for cause; provided, however, by an af firmative vote of ten (10) of its total membership, the council may prevent the removal of department heads and the administrative officer;".

By striking lines 26 through 28 of Page 5 and substituting in lieu thereof the following:

"distance of the City and reside within the City within six months after his appointment;".

And, by renumbering Section 4 as Section 5, and by inserting fol lowing Section 3 a new Section 4 to read as follows:

"Section 4. This Act shall become effective on that date on which the mayor and aldermen who are elected in the 1975 municipal general election shall take office."

On the adoption of the amendment, the ayes were 46, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 708. By Senator London of the 50th: A bill creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), as amended, so as to change the compensation of the judge and district attorney of said court; to provide that the district attorney of said court shall not practice criminal law as a defense counsel in any court in Habersham County, Georgia.
Senator London of the 50th offered the following amendment:
Amend SB 708 by striking the words "district attorney", wherever the same may appear, and inserting in lieu thereof the word "solicitor".
On the adoption of the amendment, the ayes were 46, nays 0 and the amend ment was adopted.

MONDAY, FEBRUARY 18, 1974

1383

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

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority was passed as amended.
The following resolutions of the Senate were read and adopted:

SR 398. By Senator McDuffie of the 19th: A resolution commending the Dodge County High School Marchin' Combancheros.
SR 400. By Senator London of the 50th: A resolution commending Cliff C. Kimsey, Sr.

Senator Gillis of the 20th, who was presiding, ordered the morning roll call, and the following Senators answered to their names:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Dean Doss Duncan Gillis

Hamilton Hill Holley Howard Hudgins Kennedy Langford Lester Moore Overby

Reynolds Riley Salter Skene Smalley Starr Stephens Tysinger Webb Young

Those not answering to their names were Senators:

Cleland Coggin Coverdell Cox
Eldridge Fincher Garrard Henderson Herndon

Holloway Jackson Johnson Kidd
London McDuffie McGill Parker Rowan

Smith Summers Sutton Thompson
Ward Warren Wasden Zipperer

Senator Langford of the 51st introduced as Chaplain, The Reverend Don

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Jordan, pastor, First United Methodist Church, Canton, Georgia, who offered scrip ture reading and prayer.

The following is the Senate Rules Calendar for today:
SENATE RULES CALENDAR
Monday, February 18, 1974
SB 609. MARTA Board of Directors--change membership SB 164. Pretrial, Trial and Post-Trial Procedures Civil Cases SB 425. Fulton Co. Superior Court--additional judges (SUB) SB 497. Personal Property Used in Felony-confiscation and sale (SUB) SB 580. Life Sentences--serve 15 years before eligible for parole SB 634. Dependents of Policemen and Firemen--additional benefits (AM) SB 635. Constable--certified under Ga. Peace Officers Training Act
(SUB) SB 638. Constables of Militia Districts--fees (SUB) SB 639. Justices of Peace--change SB 649. Council on Maternal Health--change name and membership SB 653. Executive Center Fine Arts Committee--establish SB 672. Adequate Program for Education in Georgia--provide SB 687. Community Action Agencies in State--continuation (SUB) SB 689. Civil Cases--61 days before trial SB 690. Pleadings in any Case at Law or in Equity--not necessary verify SB 691. Will--conditions may be proved without witness SB 699. Bails--felony conviction on appeal SB 704. Education Assistance Corp.--student loans SR 275. Family Court of Human Relations--provide (SUB) SR 323. Real Property--separate class of tangible property for taxation SR 375. Gordon County--conveyance of property (SUB) HB 323. Superior Court Clerk Ret.--Armed Forces service credit HB 336. Supervisor of Purchases--compensation (AM) HB 974. Common Day of Rest--set apart one day of the week (SUB) HB 1032. Foreclosure of Mortgages on Personalty--change provisions (SUB) HB 1104. Sales Tax Delinquent Dealers--furnish bond (AM)

MONDAY, FEBRUARY 18, 1974

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HB 1263. Livestock Theft--provide crime of HB 1303. City Governing Authorities--compensation HB 1315. Superior Court Clerk--retirement benefits HB 1333. Second Mortgage--regulatory authority HB 1365. Teachers' Retirement--changes and corrections (AM) HB 1429. Sheriffs' Retirement Fund--options for payment of benefits HB 1452. Food Serv. Establishment--information on menus about cert, meat HB 1457. Peace Officers' Fund--redefine "peace officer" HB 1458. Peace Officers' Fund--option payment choice HB 1558. Waycross Judicial Circuit--additional judge HB 1591. State Financing and Investment Com.--reimbursement HB 1593. County-City Golf Course--sale of malt beverages HB 1597. Natural Resources Act--state make grants and leases HB 1602. Ports Authority Act--interest rate on revenue bonds (AM) HB 1687. M.F.P.E.--Minimum salaries school bus drivers HB 1751. Banks and Banking Laws--revise and consolidate HR 445. Ordinary and Court of Ordinary--change name

The President 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 649. By Senator Rowan of the 8th:
A bill to amend an Act to create the Council on Maternal Health ap proved March 31, 1972 (Ga. Laws 1972, p. 635) so as to change the name of said Council; to change the membership of said Council; to repeal conflicting laws.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Doss Eldridge Fincher Garrard Gillis

Hamilton Herndon Hill Howard Kennedy Kidd Lester McDuffie McGill Moore Overby Parker Riley

Rowan Salter Skene Smalley Smith Starr Stephens Thompson Tysinger Warren Webb
Young Zipperer

Those not voting were Senators:

Coverdell Cox Dean Duncan Henderson Holley

Holloway Hudgins Jackson Johnson Langford London

Reynolds Summers Button Ward Wasden

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.
Senator Rowan of the 8th moved that SB 649 be immediately transmitted to the House.
On the motion, the ayes were 32, nays 0; the motion prevailed, and SB 649 was immediately transmitted to the House.
The following bill of the Senate, having been read the third time February 14 and tabled, and removed from the table February 15 and postponed to 10:00 o'clock A. M. February 18, was put upon its passage:

SB 609. By Senator Bell of the 5th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended, so as to change the membership of the Board of Di rectors of the Authority; to provide for terms of office; to provide for non-voting members; to repeal conflicting laws.

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1387

Senator Bell of the 5th moved the previous question.

Senator Tysinger of the 41st moved that the Senate do now adjourn.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators Smith and Tysinger.

Those voting in the negative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Doss Eldridge Pincher Garrard Hamilton Herndon

Holley Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Rowan Salter Skene Smalley Starr Stephens Thompson Ward Warren Webb Young Zipperer

Those not voting were Senators :

Cleland Cox Dean Duncan Gillis

Henderson Hill Holloway Hudgins

Riley Summers Sutton Wasden

On the motion, the ayes were 2, nays 41; the motion was lost, and the Senate was not adjourned.

Senator Johnson of the 38th moved that SB 609 be tabled.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Brown of 47th

Cleland Coverdell Garrard

Hamilton Hill Holley

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Jackson Johnson Kennedy Kidd Lester London

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McDuffie McGill Parker Reynolds Rowan Salter

Starr Stephens Thompson Ward Zipperer

Those voting in the negative were Senators:

Bell Carter Doss Eldridge Herndon Howard

Langford Moore Overby Skene Smalley

Smith Tysinger Warren Webb Young

Those not voting were Senators:

Broun of 46th Coggin Cox Dean Duncan

Pincher Gillis Henderson Holloway Hudgins

Riley Summers Sutton Wasden

On the motion, the ayes were 26, nays 16; the motion prevailed, and SB 609 was tabled.

The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage:
SB 635. By Senators Starr of the 44th, Sutton of the 9th and Young of the 13th:
A bill to amend Code Section 24-822, relating to constables' powers to arrest, so as to provide that constables shall not have, nor shall they exercise, any power of arrest, with or without a warrant, for offenses against the criminal laws of this State unless they have met all require ments and have been certified under the provisions of the "Georgia Peace Officer Standards and Training Act", approved March 10, 1970, as the same may now or hereafter be amended.

The Committee on Special Judiciary offered the following substitute to SB 635:
A BILL
To be entitled an Act to amend Code Section 24-822, relating to constables' powers to arrest, so as to provide that constables shall not have, shall they exercise, any power of arrest, with or without a warrant, for

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offenses against the criminal laws of this State unless they have met all requirements and have been certified under the provisions of the "Georgia Peace Officer Standards and Training Act", approved March 10, 1970 (Ga. Laws 1970, p. 208), as the same may now or hereafter be amended; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Section 24-822, relating to constables' powers to arrest, is hereby amended by adding at the end of said Section the follow ing:

"Constables shall not have, nor shall they exercise, any power of arrest, with or without a warrant, for offenses against the criminal laws of this State unless they have met all requirements and have been certified under the provisions of the 'Georgia Peace Officer Standards and Training Act', approved March 10, 1970 (Ga. Laws 1970, p. 208), as the same may now or hereafter be amended.",

so that when so amended Code Section 24-822 shall read as follows:

"24-822. Power to arrest. Constables shall not exercise any power of arrest without a warrant for offenses arising from violations of traffic laws or laws regulating the use, ownership, and control of motor vehicles or for offenses committed upon the highways of this State. Constables shall not have, nor shall they exercise, any power of arrest, with or without a warrant, for offenses against the criminal laws of this State unless they have met all requirements and have been certified under the provisions of the 'Georgia Peace Officer Standards and Training Act', approved March 10, 1970 (Ga. Laws 1970, p. 208), as the same may now or hereafter be amended."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Brown of 47th Carter Cleland

Coggin Coverdell Dean

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Doss Eldridge Fincher Garrard Hamilton Herndon Hill Howard Jackson Johnson Kennedy Kidd

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Langford Lester London McDuffie McGill Overby Parker Reynolds Riley Rowan Salter

Skene Smalley Smith Starr Stephens Sutton Thompson Ward Warren Young Zipperer

Voting in the negative was Senator Webb.

Those not voting were Senators:

Broun of 46th Cox Duncan Gillis

Henderson Holley Holloway Hudgins

Moore Summers Tysinger Wasden

On the passage of the bill, the ayes were 43, nays 1.

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

SB 634. By Senators London of the 50th and Kidd of the 25th:
A bill to amend Code Chapter 114-4, relating to the amount, computation and payment of compensation under the Workmen's Compensation Act, as amended, so as to provide for additional benefits to dependents of fire men, members of a rescue squad and law enforcement officers killed in the line of duty; to define certain terms; to provide for payments and the determination as to whom paid; to provide for the conclusiveness of the awards.

The Committee on Industry and Labor offered the following amendment:
Amend SB 634 by striking on Page 3, line 13 in its entirety and inserting in lieu thereof the following:
"the total sum of ten thousand dollars ($10,000.00) ; and".

On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Dean Doss Eldridge Fincher Garrard Gillis Hamilton

Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Webb

Those not voting were Senators:

Cox Duncan Henderson Holley

McGill Moore Summers

Wasden Young Zipperer

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator London of the 50th moved that SB 634 be immediately transmitted to the House.
On the motion the ayes were 32, nays 0; the motion prevailed, and SB 634 was immediately transmitted to the House.
Senator Overby of the 49th asked unanimous consent that the Senate Rules for first reading of bills be suspended, and the consent was granted.

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The following bill of the Senate was introduced, read the first time and re ferred to committee:

SB 724. By Senator Overby of the 49th:
A bill to provide for an investigator for the District Attorney of the Northeastern Judicial Circuit; to provide for the compensation and ex penses of such investigator; to provide for the duties, powers and author ity of the investigator; to provide for other matters relative to the fore going.
Referred to Committee on County and Urban Affairs.

The following general bill and resolution of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SR 323. 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 ac cordance with the use to which such property is being devoted by the owner and to provide for the payment of additional taxes on real property when it is sold and the sales price is higher than the assessed value; 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 Constitution is hereby amended by adding at the end thereof the following paragraph:
"Real property shall constitute a separate class of tangible prop erty for taxation purposes. Such property's value shall be determined in accordance with the use to which such property is being devoted by the owner, in such manner and under such procedures as the Gen eral Assembly shall provide; provided, however, the General Assembly shall provide that when real property is sold and the sales price of the property sold is more than the then current assessed value of such property as shown on the tax records of the political subdivisions wherein such property lies, the seller shall pay additional property taxes on such property, for the three years immediately preceding such sale, in an amount equal to the difference between the amount of taxes paid on the assessed value of such property during said three years and the amount of taxes that would be payable on the basis of the sales price of such property."

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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, Para graph I of the Constitution of Georgia of 1945, as amended.

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

" ( ) YES Shall the Constitution be amended so as to classify real property as a separate class of tangible prop erty for taxation purposes, and to provide that such property's value shall be determined in ac-
( ) NO cordance with the use to which such property is being devoted by the owner and to provide for the payment of additional taxes on real property when it is sold and the sales price is higher than the as sessed value?"

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 resolu tion, was agreed to.

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

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Coggin Doss Eldridge Gillis Hamilton Herndon Hill

Howard Hudgins Jackson Kidd Langford Lester McDuffie McGill Overby Parker Reynolds

Riley Rowan Salter Skene Starr Sutton Thompson Tysinger Warren Webb Young

Those voting in the negative were Senators:

Bell Carter Coverdell Dean Garrard

Holloway Kennedy London Moore Smalley

Smith Stephens Ward Zipperer

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Those not voting were Senators:

Cleland Cox Duncan

Fincher Henderson Holley

Johnson Summers Wasden

On the adoption of the resolution, the ayes were 33, nays 14.
The resolution, having failed to receive the requisite constitutional majority, was lost.

Senator Broun of the 46th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 323.
SB 580. By Senator Thompson of the 32nd: A bill to amend an Act relating to the powers and duties of the State Board of Pardons and Paroles, approved Feb. 5, 1943 (Ga. Laws 1943, p. 185), as amended, so as to provide that inmates serving life sentences shall become eligible for consideration for parole by the Board upon completion of the service of fifteen years; to provide for applicability.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Cleland Coggin Dean Doss Fincher Gillis Herndon Holley

Holloway Kennedy Kidd Lester London McDuffie McGill Moore Parker Reynolds Riley

Rowan Smith Starr Stephens Sutton Thompson Warren Webb Young Zipperer

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Those voting in the negative were Senators:

Brown of 47th Carter Coverdell Eldridge Garrard

Hudgins Jackson Langford Overby Salter

Skene Smalley Tysinger Ward

Those not voting were Senators:

Barker Cox Duncan Hamilton

Henderson Hill Howard

Johnson Summers Wasden

On the passage of the bill, the ayes were 32, nays 14.

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

Senator Thompson of the 32nd moved that SB 580 be immediately transmitted to the House.
On the motion, the ayes were 30, nays 0; the motion prevailed, and SB 580 was immediately transmitted to the House.

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 1390. By Mr. Moyer of the 90th and others: A bill to designate certain members of the armed forces of the United States and their dependents as residents of Georgia for purposes of deter mination of tuition and fees at institutions of the University System of Georgia.
HB 1972. By Mr. Carrell of the 71st: A bill to provide that there shall be a board of tax assessors in certain municipalities within this State; to provide for the duties and powers of said board.

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HB 2004. By Mr. Morgan of the 70th:
A bill to amend Code Section 109A-4-104, relating to definitions under Article 4 of the Uniform Commerial Code, so as to change the definition of the word "item".

Senator Gillis of the 20th resumed 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 672. By Senators Starr of the 44th, Young of the 13th, Summers of the 53rd and others:
A bill to provide for an adequate program for education in Georgia; to provide for a short title and for the purpose of said Act; to provide for instructional services; to provide for supportive services; to provide for cooperative educatin service agencies; to provide for grants to local units of administration for the operation of educational programs.

Senators Starr of the 44th, Young of the 13th, Summers of the 53rd, Broun of the 46th, Duncan of the 30th, Ballard of the 45th and others offered the follow ing substitute to SB 672:
A BILL
To be entitled an Act to provide for an adequate program for educa tion in Georgia; to provide for a short title and for the purpose of said Act; to provide for instructional services; to provide for supportive serv ices; to provide for cooperative education service agencies; to provide for grants to local units of administration for the operation of educational programs; to provide for district power equalization; to provide for capital outlay funds; to provide for program standards, assessments and improve ments; to provide for the powers and duties of the State Board of Educa tion, State Superintendent of Schools and local units of administration; to provide for withholding of State funds under certain circumstances; to provide for penalties; to provide for all matters relative to the foregoing; to repeal specific Acts; to provide for the construction of this Act; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
PART I. SHORT TITLE AND PURPOSE.
Section 1. Short Title. This Act shall be known and may be cited as the "Adequate Program for Education in Georgia Act".

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Section 2. Establishment of Adequate Program for Education in Georgia. The General Assembly of Georgia, recognizing the need for: providing an equitably financed public educational structure assuring each Georgian an adequate educational opportunity; establishing and maintain ing common minimum standards on a statewide basis which ensure that each child may attend a standard and certified school; providing each child with access to a quality program which will allow personal develop ment as well as career training; an adequate program of general educa tion which will provide students with the knowledge and understanding necessary to develop good physical and mental health, to deal effectively and responsibly with others, to participate actively in the governing process, to conserve the environment, and to be effective workers and responsible citizens; providing for a program assessment and improve ment plan which focuses on staff development first, and then on the pro cesses for change which include adequate planning, research and experi mental programs leading to continued improvement of public education in Georgia; making teaching as attractive and rewarding a profession as possible in order to attract, hold and fully utilize competent profes sional personnel in the public school systems in this State; providing for the most efficient use of the school facilities so that a broader curriculum and more flexible programming will be available to students throughout the calendar year; providing a method whereby all Georgians shall pay their fair share of the cost of such programs; providing a means whereby the foregoing needs might more readily be met in order to provide an adequate education for the citizens of the State and to discharge the responsibilities and obligations of the State to ensure a literate and in formed society does hereby establish an Adequate Program for Education in Georgia for its citizens.

PART II. INSTRUCTIONAL SERVICES.
Section 3. Policy of the State as to Instructional Services. It is here by declared to be the policy of the State of Georgia to assure that each Georgian has access to quality instruction designed to develop his capacities to the maximum through programs that meet his developmental and re medial educational needs. To implement this policy, the State shall assure that funds will be available for instructional personnel, media and equip ment, and other necessary operating expenses for general and occupational education for children, youth and adults, including those with special needs.
Section 4. General and Occupational Education. All children who have attained the age of six by September 1 of a fiscal year and all youth who not yet received a high school diploma or its equivalent shall be eli gible for enrollment in the general education and occupational programs, including teenage students who are married, a parent, or pregnant. The local units of administration shall have the authority to assign students who are married, pregnant, and/or a parent to a special class or program suited to their special needs if it is deemed necessary. It is hereby declared to be the policy of the State of Georgia that general and occupational ed ucation be integrated into a comprehensive educational program which will contribute to the total development of the individual. Therefore, it is in the student's best interest to promote coordination and cooperation be tween the schools and the community, including business and industry, to provide the students an opportunity to participate in and learn from com-

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munity life. It is declared further that the major goal of this integrated program shall be to prepare students for adult life, including preparation for a job and/or advanced study in his chosen career field.

Section 5. Special Education, (a) All children and youth who are eligible for the general education program who have special educational needs shall also be eligible for special education services. Children and youth with special needs are those who have emotional, physical, com municative, or intellectual deviations, or a combination thereof, to the de
gree that there is interference with school achievements or adjustments, or prevention of full academic attainment and who require modifications
or alterations in their educational programs. This definition includes children who are intellectually gifted, mentally retarded, physically handi capped, speech handicapped, behaviorally disordered, hospital or homebound, handicapped by a specific learning disability, multi-handicapped, autistic, hearing impaired, visually impaired and any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special need to be served on a Statewide basis, both for students to be served in a self-contained setting and those who can be served effectively in the regular classroom by intinerant personnel.

(b) Local units of administration shall, subject to any limitations hereinafter specified, provide a special education program for all students with special needs who are residents of their school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by these students or by entering into a contract with other school systems or Cooperative Educational Serv ice Agencies for such services.
(c) The State Board of Education shall have the authority to provide educational and training services for severely handicapped, including multi-handicapped and severely mentally retarded, and gifted children for whom adequate public school classes are not available by any one or more of the following methods:
(1) by contracting with suitable private organizations inside or out side the State of Georgia for the provision of such services;

(2) by making grants in an amount not to exceed the cost of educat ing the same type of child with special needs of an identical age in Georgia public schools to the parents or legal guardians of such children;

(3) by contracting with suitable public agencies and departments, including institutions in which eligible children are confined and out patient centers serving eligible children, inside and outside the State of Georgia, for the provision of such services; or

(4) by entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services.

(d) The State Board of Education may promulgate any rules, regula tions and standards and establish the terms and conditions governing the

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provision of State and hereunder and perform any and all acts necessary or proper to carry out the provisions, intent and purpose of this Section.

(e) It is further provided that every child and youth eligible for special education services shall have access to a quality program on or before two years after the date this Act becomes law.

Section 6. Compensatory Education, (a) The State Board of Educa tion shall promulgate rules, regulations and standards and establish the terms and conditions necessary to implement programs of compensatory education. Compensatory education shall include, but shall not be limited to, programs of remedial reading, mathematics, and such other programs as are needed.

(b) The State Board of Education shall annually determine the number of students needing compensatory education and the estimated State cost of such program for the next fiscal year, and submit such in formation to the Office of Planning and Budget not later than September 1.

Section 7. Preschool Education, (a) A preschool program which will be at least on a one-half day basis for a 180-day school year shall be made available to:

(1) all children who have attained age five by September 1 of a fiscal year and who are not eligible for enrollment into public elementary school;

(2) three and four year old children who are either physically, men tally or emotionally handicapped or perceptually or linguistically de ficient.

(b) It is hereby declared to be the policy of the State of Georgia that the principal responsibility for developmental skills of young chil dren lies with the parents and that the purpose of this program is to supplement the resources which parents have available to meet the dis tinctive mental, physical and emotional needs of their children. In ac knowledgment of this policy, enrollment of children into the preschool program will be on a voluntary basis.

Section 8. Adult Education, (a) The State Board of Education shall promulgate rules, regulations and standards, and establish the terms and conditions necessary to implement adult general education programs and adult vocational education programs with such agencies as follows:

(1) local school systems; (2) area vocational-technical schools; (3) Cooperative Educational Service Agencies; (4) public colleges and universities; and

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(5) State institutions under the authority of the Georgia Board of Human Resources and the Georgia Board of Offender Rehabilitation.

(b) All programs in each such agency shall be approved by the State Board of Education.

Section 9. Establishment of Other Special Programs of Education; Allotment of Teachers and Other Personnel; Sharing of Costs, (a) The State Board of Education shall have authority to provide for implementa tion of other educational programs not ordinarily coming within the pre scribed curricula of the public schools, which may or may not require use by local units of additional specially qualified personnel and special equipment necessitating allotment of additional personnel and funds. The State Board is authorized to establish priorities, standards and criteria for implementation and operation of such programs as the Board may, in its discretion, find necessary or desirable to implement on a Statewide basis. Local units may, prior to implementation of such programs by the State Board, implement such programs locally in accordance with criteria and standards prescribed by the State Board. The State Board shall, upon implementation of such programs, establish a uniform basis for allotment of additional personnel and funds if such additional allotments are neces sary for operation of such programs.

(b) Funds for State schools for the deaf and blind. The State Board of Education shall annually determine the amount of funds needed for operation of the State schools for the deaf and blind and such other spe cial schools for exceptional persons as may be established by the State Board of Education. Such funds shall be made available for the operation of these schools under rules and regulations prescribed by the State
Board of Education.

(c) Funds for public schools operated within correctional institu tions. The State Board of Education shall annually allot additional funds to local units of administration wherein the State Board of Offender Re habilitation maintains an institution primarily for the detention of per sons within school age, and operates within such institution an elementary, secondary or vocational school for the education of such school age chil dren, which shall be sufficient to enable the local unit to furnish certified teachers and other professional personnel to such school and institution in accordance with the State minimum salary schedule: Provided, however, that the course of instruction offered in such school shall meet minimum academic requirements and standards prescribed for operation of the public schools of the local unit. The State Board is authorized, in its discretion, to make an allotment of additional funds to the local unit for employment of such teachers and other professional personnel for an additional two months during the fiscal school year where the school in such institution is operated on a 12-month basis.

(d) Student honors program. The State Board of Education is hereby authorized to inaugurate a student honors program for pupils in the public high schools of this State who have manifested exceptional abilities, unique potentials, or who have made exceptional academic achievements. Such program may be conducted during summer months between normal school year terms at institutions of higher learning or other appropriate centers

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within this State with facilities adequate to provide challenging oppor tunities for advanced study and accomplishments by such students. The student honors program shall be implemented and operated in accordance with criteria to be established by the State Board, and operating and pupil costs and expenses may be paid by the State Department of Education from funds made available for this purpose by the State Board. The State Board is authorized to enter into cooperative agreements with the Board of Regents for operating and sharing the costs of such programs.

(e) Educational research. The State Board of Education is hereby authorized to engage in or to otherwise make provision for educational research into all methods of instruction and education of children and youth, to sponsor conferences, study groups and workshops, and to con duct research or education demonstrations, experimentation, field tests and such other projects as may, in the opinion of the Board, tend to sup port, improve or strengthen the public school system of this State, the quality of education provided Georgia's children and youth in the public schools of this State and the qualifications and technical skills of profes sional personnel employed in the public schools of this State, and is hereby authorized to employ or contract for the services of specialists and others as may be necessary or desirable for such purposes and to cooperate with public school systems and public and private educational institutions and agencies within or without the State for such purposes. The State Board may provide for the allotment of education funds for the purposes provided for in this Section.

Section 10. Allotment of Instruction Units; Amount of Funds Needed for Payment of Salaries of Instructional Personnel, (a) The State Board of Education shall annually allot instructional units to local units of administration on the following basis and adjusted as provided for in Sections 37 and 42:

(1) General Education: one instructional unit per 25 pupils in aver age daily attendance in grades 1-12. Provided, however, in those systems that do not provide an education program approved by the State Board of Education containing both general and vocational education, the instruc tional unit ratio shall be one instructional unit per 27 pupils in average daily attendance in grades 6-12.

(2) Special Education: one instructional unit per 12 pupils in aver age daily attendance in self-contained special education classes in grades 1-12; provided, however, these students meet the requirements as defined in Section 5, Special Education.

(3) Vocational Education: one instructional unit for each three State approved vocational education teachers in grades 7-12.

(b) During a fiscal 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 instructional personnel actually employed by the local unit of administration. The amount of funds needed by a local unit to pay salaries of instructional personnel shall be determined in one of the following manners for each instructional unit allotted, either:

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(1) the State minimum salary on a 10-months basis as provided for in Section 56 of this Act if a certified teacher is employed for the instruc tional unit; or

(2) the average salary for certificated professional personnel with a bachelor's degree funder under this Section if licensed instructional per sonnel are employed for the instructional unit.

(c) A local unit of administration may use up to one-third of the funds earned from its allotted instructional units to employ instructional personnel; provided, however, that the State Board of Education has ap proved the program improvement plan which describes how these funds will be utilized.

Section 11. Salary Supplements for Supplementary Services Pro vided by Instructional Personnel, (a) The State Board of Education may allot funds to local units of administration to supplement the salaries of instructional personnel who supervise beyond the normal school day, not less than ten students engaged in community work experience. The local unit of administration shall determine the specific extended day assign ments and the salary supplements paid therefor; provided, however, that the State Board may not reimburse the local unit for more than one-third of the monthly State salary schedule.

(b) The State Board also may allot funds to local units of adminis tration to employ instructional personnel to provide similar services be yond the regular school year; provided, however, that reimbursement to the local unit may not exceed one-fifth of the State salary schedule for the individual so employed.

(c) The State Board also may reimburse local units of administra tion for salary supplements for participation in staff development activ ities beyond the regular school day and/or the regular school year; pro vided, however, that such activities are a part of a staff development pro gram approved by the State Board.

(d) The State Board shall provide reimbursement for salary supple ments for services beyond the normal school day and the normal school year only when such services are identified in a program plan submitted by the local unit of administration and approved by the State Board.

Section 12. Allotment of Elementary Instructional Specialists: Amount of Funds Needed for Payment of Salaries of Such Personnel. An nually, the State Board of Education shall allot elementary instructional specialists to local units of administration on the basis of one elementary instructional specialist per 15 instructional units in grades 1-7. The pur pose of these elementary instructional specialists shall be to meet the spe cial instructional needs of students in the local units of administration, including, but not limited to, special needs in reading, mathematics, social studies, science, art, music, and physical education; provided, however, that during the fiscal year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually re quired by the local unit for payment of salaries of instructional specialists actually employed by the local unit. The amount of funds needed by a

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local unit to pay salaries of elementary instructional specialists shall be determined on a 10-month basis in accordance with the State minimum salary schedule provided for in Section 56.

Section 13. Instructional Materials and Media. The amount of funds needed by a local unit of administration during a fiscal year for the main tenance, repair, and purchase of instructional media and materials, in cluding soft-covered as well as hard-covered text and library books and consumable as well as nonconsumable supplies and materials, shall be determined by multiplying the number of instructional units allotted to the local unit under Section 10 of this Act by a sum of money which shall not be less than $500. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the pur chase, distribution, and use of such instructional media and materials, and for the use of funds allotted under this Section.

Section 14. Instructional Equipment. The State Board of Education shall grant funds to local units of administration for the purchase, main tenance, repair and replacement of equipment for instructional labora tories. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the purchase, distribution, and use of such instructional equipment, and for the use of funds allotted under this Section.

Section 15. Amount of Funds Needed for Payment of Maintenance and Operation. The amount of funds needed by a local unit of administra tion during a fiscal year for maintenance and operation expenses for instructional programs not otherwise provided for in Sections 10 through 17 shall be determined by multiplying the number of instructional units allotted to the local unit of administration under provisions of Section 10 by a sum of money not less than $1,500. The State Board of Education shall define the term "maintenance and operation expenses" and shall have the authority to prescribe minimum requirements and standards for the distribution, use, and expenditure of funds allotted under this Section.

Section 16. Amount of Funds Needed for Payment of Sick and Per sonal Leave Expenses. The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses shall be determined by multiplying the number of instructional units al lotted to the local unit of administration under provisions of Section 10 by a sum of money not less than $125. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the distribution, use and expenditure of funds allotted under his Section.

Section 17. Amount of Funds Needed for Travel Expenses. The amount of funds needed by a local unit of administration during a fiscal year for payment of travel expenses to be incurred by visiting teachers, instructional supervisors, itinerant special education personnel, personnel supervising high school students engaged in a work experience, and other local school personnel required to travel in connection with their assigned duties shall be determined by the State Board of Edu cation in accordance with regulations prescribed by the State Board authorizing such travel and prescribing uniform rates, standards, re quirements and allowances for such purposes.

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Section 18. Amount of Funds Needed for Compensatory Education Expenditures. The State Board of Education shall have the authority to establish minimum requirements and standards for distribution, use, and expenditure of funds allotted to local units of administration to implement Section 6 of this Act.

Section 19. Amount of Funds Needed for Driver Education Ex penses, (a) The State Board of Education shall reimburse local units of administration for the direct cost of providing driver education programs to public school students who hold a valid driver's or learner's license; provided, however, that the reimbursement does not exceed $50.00 per student who successfully completes the program.

(b) The State Board of Education shall have the authority to establish minimum requirements and standards for distribution, use, and expenditure of funds allotted under this Section to local units of administration.

PART III. SUPPORTIVE SERVICES.

Section 20. Student Services Support Personnel, (a) The State Board of Education shall annually allot student services support personnel to local units of administration on the basis of one per 400 pupils in average daily attendance in the local unit of administration, adjusted as provided for in Sections 37 and 42. Student services support personnel shall include, for the purposes of allotment under this Section: elementary and secondary counselors; school psychologists; psychometrists; and visiting teachers.

(b) Further, the State Board of Education shall allot student services support personnel to local units of administration in the position category of job placement director on the basis of one per 5,000 pupils in average daily attendance in the local unit of administration during the first four months of the preceding school year, adjusted as provided for in Sections 37 and 42. The duties of the job placement director shall include, but not be limited to, assisting classroom teachers and other student services support personnel in the advisement of student services relative to career exploration experiences, work experiences and em ployment opportunities; the coordination of employment placement opportunities and activities with Employment Security Office of the State Labor Department; and to make follow-up reports and studies of the employment experiences and work history of high school graduates.

(c) The State Board of Education shall further allot student services support personnel to local units of administration in the position category of adult education guidance personnel on the basis of one per 400 adult educational and adult vocational education students in average daily attendance in the local unit during the first four months of the preceding school year, adjusted as provided for in Sections 37 and 42. The duties of adult educational guidance personnel shall in clude, but not be limited to, the assessment and determination of the educational achievement levels and needs of adult education and adult vocational education students; identify the availability of and help

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obtain the services of other State and local agencies for said students; develop career plans and objectives for said students; and assist in identifying, obtaining and retaining employment opportunities.

(d) The State Board of Education shall establish policies, proce dures and regulations which will allow those local units of administra tion, which do not have sufficient enrollments to receive a full position allocation for job placement director and adult education guidance personnel as described and authorized in paragraphs (b) and (c) of this Section, to combine such partial allocations with other local units of administration for the purpose of obtaining the services of the personnel herein described or to transfer such partial allocation to a Cooperative Education Service Agency for the purpose of obtaining the services described herein.

Section 21. Administrative and Supervisory Services, (a) The State Board of Education shall annually allot administrative and supervisory personnel to local units of administration, except as provided for in this Section, on the basis of one per 190 pupils in average daily adtendance in the local unit of administration adjusted as provided for in Sections 37 and 42. Administrative and supervisory personnel positions provided by this allotment shall include, but not be limited to, principals, assistant principals, librarians, curriculum specialists, directors of cur riculum and community school coordinators.

(b) The State Board of Education shall further allot professional central administrative personnel to all local units of administration on the basis of one per 3,300 pupils in average daily attendance in the local unit of administration, adjusted as provided for in Sections 37 and 42. The administrative positions provided by this allotment shall include, but not be limited to, plant operations and maintenance, transportation, food service, instructional supervision, finance and business services, planning and evaluation and direction of community school programs. For those local units of administration which do not earn sufficient central administration personnel, the State Board of Education is authorized to prescribe uniform requirements and procedures to allow a local unit of administration to utilize all or any part of its central administration personnel allotments in conjunction with one or more local units of administration or with a Cooperative Education Service Agency; provided, however, personnel allotments earned under the provisions of this Section may not be assigned for use as classroom teachers, or other personnel designated in subsection (a) of this Section.

(c) The State Board of Education shall be authorized to fund professional personnel positions to local units of administration as follows:

(1) preschool leadership positions on the basis of one to each 50 instructional units; and

(2) special education leadership positions on the basis of one to each 40 instructional units.

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(d) During the next school year the amount of funds distributed to any local unit for the purpose of funding the positions authorized in subsections (a), (b) and (c) hereof shall not be in excess of the amount actually required by the local unit for payment of salaries of certificated professional personnel actually employed by the local units of administration. The amount of funds needed by a local unit to pay the salaries of certificated professional personnel shall be determined on a 10-month basis in accordance with the State minimum salary schedule provided for in Section 56. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-allotted professional personnel.

Section 22. Food Services, (a) The State Board of Education shall annually determine the amount of funds needed to provide a Statewide school lunch program. The State Board shall, by regulation, provide for certifying and classifying school lunch supervisors and managers and establish training programs for such personnel. The State Board of Education is hereby authorized to provide for the payment of operat ing costs of school lunchrooms, including breakfast costs for those stu dents eligible under federal guidelines, State supplements to the salaries paid such personnel by local units of administration and State incentive pay for satisfactory completion of such training programs.

(b) The State Board of Education is authorized to prescribe by appropriate rules and regulations that there may be included as part
of the program of every public school in this State a course of instruc tion in nutrition, hygiene, etiquette and the social graces relating to the partaking of meals and is further authorized to allot funds, in a manner consistent with the funding for the other various components of the instructional program, for the reimbursement of costs to local units of administration for costs directly associated with this program. There shall be utilized in the courses of instruction the full resources available to each individual school, including its cafeterias, school lunch person nel and all practical demonstrations in the preparation and consumption of food which shall be necessary to formulate a comprehensive course of instruction in such subject matter. Any period of the school day may be utilized for the teaching of this course of instruction, including that period usually reserved for the lunch period.

Section 23. School Health Services. The State Board of Education shall devise, develop and implement uniform policies, regulations and procedures to ensure that the provision of school health services will be an integral part of the total instructional process in each local unit of administration.

Section 24. Clerical Services. The State Board of Education shall provide funds to local units of administration for the purpose of em ploying clerical personnel for the purpose of relieving the classroom teacher and other professional personnel of routine clerical activities so that they may more properly, effectively and efficiently use their time in the instructional program or other program and activities sup portive to the instructional program. The State Board of Education shall have the authority to establish minimum requirements and distribution, use and expenditure of funds allotted under this Section.

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Section 25. Transportation, (a) The amount of funds needed by a county, area school, independent school system to pay expenses of pupil transportation shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient pupil transportation programs and a schedule of variable transportation costs or variable cost factors dependent upon circum stances prevailing in the several local units of administration which affect, in varying ways, the costs of pupil transportation authorized by this Section; provided, however, that the amount of funds to be actually distributed to any local unit of administration under provisions of this Section during any school year shall not exceed the actual costs incurred by the local unit in transporting pupils to and from public schools, to and from places for the purpose of work experiences, training in instructional laboratories, and in other such field trips required of or integral to the various instructional components of the educational program, and costs of transporting to preschool programs all handi capped and impaired students either by minibus or other such transporta tion used by nonhandicapped and nonimpaired children. In establishing the schedule of standard and variable pupil transportation costs or cost factors for the purpose of allotting funds under this Section, the State Board is, without limiting the generality of the foregoing, authorized to consider facts and circumstances such as the number and density of pupils transported in the local unit and the areas therein served by school busses, the suitability of school bus routes in the local unit, the suitability of the type and number of busses used by the local unit, the number of miles traveled by school busses in the local unit, minimum bus loads, transportation surveys, cost of transportation equipment and depreciation schedules therefor, the schedule of minimum salaries for school bus drivers established in accordance with subsection (b) of this Section, the number of school bus drivers allotted to the local unit, maintenance, repair and operating costs of transportation equipment, climate and terrain, condition of roads used for the purpose of trans porting pupils in the local unit, cost of liability insurance, cost of safety instruction and training for both bus drivers and students and such other facts and circumstances as the State Board may find to be relevant for the purpose of establishing such schedules and cost factors. The State Board shall have authority to establish minimum require ments and standards respecting use of funds allotted under this Section.
(b) The State Board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses, re gardless of type of ownership, which shall be not less than $200 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. County, area school, or independent systems shall not pay to any bus driver in its employment a salary less than that prescribed by the uniform minimum salary schedule, but shall have the authority to supplement the salary of a bus driver employed by the county, area school, or independent system. The expense of purchasing, maintaining and operating such busses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the ex pense of pupil transportation under subsection (a) of this Section. This Section shall not apply to student or teacher drivers.

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(c) If, and to the extent that, the State Board of Education ob tains a State-bid price under provisions of Section 70 on any standard item of equipment, supply or service used or obtained by local units in connection with or as a result of providing transportation services to pupils attending the public schools of such local units, or on any other standard expense incurred by local units, the standard transportation cost or allowance to be attributed to such item or expense under pro visions of subsection (a) of this Section shall be based upon an amount not in excess of the State-bid price on such item or expense.

(d) Pupils who live beyond one and one-half miles from the school to which they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported pupils for the purpose of calculating that portion of the expense of pupil transportation associated with transporting pupils from home to school and from school to home as authorized under subsection (a) of this Section, provided such pupils are actually transported to such school by school bus or other vehicle made available for this purpose by the local unit of administration. Any pupil who resides within the said mileage limitation shall not be eligible to be counted for school trans
portation State-aid purposes.

(e) The State Board of Education is authorized to establish mini mum specifications for vehicles used by local units for the purpose of transporting pupils to the public schools of the local unit, taking into account the facts and circumstances set forth in subsection (a) above, and is authorized to establish minimum standards and requirements respecting maintenance, repair, inspection and use of such vehicles and minimum qualifications for drivers of such vehicles, and all vehicles used and drivers employed for such purposes by local units, regardless of type of ownership of such vehicles, shall conform to such specifica tions, standards, requirements and qualifications; provided, however, that the State Board of Education shall require, monitor and fund a program of safety instruction in the practices of safe riding and emergency bus evacuation drills for both school bus drivers and students riding school busses.
(f) The State Board of Education shall have the authority to allot funds for the transportation of all school age children residing on Sapelo Island to the mainland of the State for the purpose of attending school on the mainland.
(g) The State Board of Education shall adopt policies, procedures, regulations and other such requirements for the transportation and for the payment of all transportation costs, as described, defined and authorized in subsections (a), (b), (c), (d) and (e) of this Section, for all the children with special needs identified by the various local units of administration; further, the State Board of Education shall allot funds to local units of administration for transportation costs for those children authorized by said local unit of administration to attend schools and programs of other local units of administration or when deemed necessary for adequate educational services.
(h) The State Board of Education is further directed and autho-

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rized to adopt policies and regulations relative to the use of minibusses for the transportation of students with special needs.

Section 26. Public Libraries, (a) The State Board of Education shall annually determine the amount of funds needed to provide county
and regional public libraries of the State with library books and materials by multiplying the total population of the State by a sum to be determined by the State Board which shall be not less than 35 cents per person. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library requirements prescribed by the State Board. Public library funds apportioned to a county or regional public library, together with the amount of funds needed by a county or regional public library for the purpose of paying the salaries of librarians allotted such library in accordance with regulations established by the State Board and the State minimum salary schedule for teachers and other certificated pro fessional personnel, shall be distributed directly to the regional or county library boards.

(b) The State Board of Education shall further make adequate provisions to obtain, operate and maintain special media equipment, supplies and services to meet the library needs of Georgia's blind and handicapped citizens.

Section 27. Educational Television, (a) The State Board of Ed ucation shall annually determine the cost of operating and maintaining the Statewide network of public school educational television stations, the Statewide cost of programming and the Statewide cost of production and purchase of video tapes and other materials used in the Statewide public school educational television program. Such Statewide costs, as determined by the Board, shall be paid entirely from State funds and shall not be considered in determining local units of administrations' share of the cost of supporting the Adequate Program of Education in
Georgia.

(b) The State Board of Education shall further authorize, estab lish and implement an Educational Television Advisory Council for the purpose of developing and recommending a comprehensive plan to the State Board of Education. Such plan shall include, but not be limited to, reviewing the utilization of educational television for both instruc tional and public broadcasting purposes, the expansion of service and the purchase and/or construction of facilities or equipment.

PART IV. COOPERATIVE EDUCATION SERVICE AGENCIES.
Section 28. Purpose and Objectives. The purpose of this Part is to establish cooperative educational service agencies for the purpose of sharing services which are designed to improve the effectiveness of the educational programs of member local school systems.

Section 29. Definitions. The following words and terms, when used in this Part shall have the following meanings unless the context clearly requires a different meaning.

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(a) A "cooperative education service area", hereinafter referred to as "service area", means a geographical area which shall contain more than a single county and which can be effectively and efficiently served by a single agency designed to share services across local school system lines.

(b) A "cooperative educational service agency", hereinafter re ferred to as "CESA", means the agency designed to provide and ad minister services and programs that cross local school system lines with in the service area.

(c) "Cooperative educational service agency staff", hereinafter referred to as "staff", means the persons employed by a single CESA.

(d) "Local school system" means any county or independent school system of Georgia.

Section 30. Cooperative Education Service Areas. The State Board of Education shall establish service areas designed to provide the service needs of all of the State's existing local school systems. The initial es tablishment of cooperative educational service areas shall be substantial ly within the framework of the standard districts for the administra tion and planning of State and Federal programs, as approved on Au gust 6, 1971, by the State Planning and Community Affairs Policy Board.
Section 31. Establishment of Cooperative Educational Service Agencies. The State Board of Education shall adopt rules, regulations, procedures, standards and criteria for the establishment and operation of CESA's and shall establish a CESA to serve the local school systems within each service area in accordance with these rules, regulations, procedures, standards and criteria.

Section 32. Board of Control, (a) Each CESA shall be governed by a board of control. Each such board of control shall be composed of a local school system board member or the system superintendent as designated by such participating member local school system board of education. The board of control shall elect from its membership a chairman, vice-chairman and any other officers needed to function ef fectively. The CESA director, provided for by Section 33, shall serve as secretary and executive officer to the board of control, but he shall not be a voting member thereof.

(b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local school system boards of education shall be applicable to CESA's and their Boards of Control, unless explicitly stated otherwise in this Part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive. Each board of control shall submit an annual report and an annual budget to the State Board of Education, in the manner prescribed by the State Board of Education, for review
and approval.

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(c) The State Board of Education shall be responsible for deter mining that the activities of each CESA and its board of control con form to both Constitutional and State laws, as well as the policies and regulations of the State Board of Education. The State Superintendent of Schools will prepare an annual report to the General Assembly, giving an assessment of the status and achievements of the shared service programs in the State.

(d) Boards of control shall determine needs of school children in the area served by each CESA, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the progress and cost efficiency of CESA's in terms of their success and efficiency in meeting priorities. Efficiency shall be assessed by relating outputs to dollar inputs. Boards of control shall determine the procedures and activities of each CESA as related to the achieve ment of locally established objectives. Boards of control shall likewise establish job descriptions, personnel qualifications, salary scales and work schedules in terms of locally established priorities.

(e) The State Board of Education shall be responsible for develop ing procedures which shall maintain existing shared service to local school systems which are being transferred from an existing shared service project into a newly formed CESA. The boards of directors of shared service projects existing on June 30, 1972, shall be responsible for the assignment of and/or transfer of programs, personnel, equip ment, materials and property assigned to existing shared service proj ects, and the State Board of Education shall hear any unresolved claims of local school systems which arise. The decision of the State Board
of Education shall be final.

Section 33. Director. Each board of control shall appoint and con tract with a director who shall be the administrative and professional head of the CESA. The director shall be responsible for the adminis tration of programs and services approved by the board of control and shall be the fiscal agent of said board.

Section 34. Member School System. All local school systems located within a service area may become a member of the CESA serving that area, but a local school system shall not be considered a member of the CESA unless it is participating in one or more of the CESA's service programs or the local school system board of education has expressed its intent that the local school system plans to participate in one or more programs in the near future.

Section 35. CESA Staff. The CESA staff shall consist of those individuals authorized by the Board of Control to provide those services desired by the member systems.

Section 36. Financing CESA's. The State Board shall grant $90,000 to each CESA for basic operating expenses. In addition to these basic grants, the State Board shall allocate annually not less than $2 million in the aggregate to the individual CESA's on the basis of need. Policies, regulations and procedures for determining said need shall be established by the State Board of Education. All other financing

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will be based on contracts to supply service programs to member local school systems. The funds for these service programs, upon a contract approval basis, may be derived from local, State, Federal or private sources. A CESA may not receive directly from the State Board of Education any State funds originally intended or directed by this Act to local units of administration; provided, however, that upon the official request of a local unit of administration, the State Board of Education may send directly to a CESA any funds allocated to the local unit of administration.

PART V. GRANTS TO LOCAL UNITS FOR OPERATION OF EDUCATIONAL PROGRAMS.
Section 37. Allotment of Teachers and Certified Professional Per sonnel; Amount of Funds Needed for Payment of Salaries, (a) The State Board of Education shall annually allot teachers to local units of administration as provided in Section 10. Such allotment shall be based on projected average daily attendance for the first four months of the school year made under rules adopted by the State Board of Education designed to project the average daily attendance for individual school systems, adjusted as provided for in Section 42 of this Act. Provided, however, that during the next school year the amount of funds distri buted to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of teachers actually employed by the local unit of administration. The amount of funds needed by a local unit to pay salaries of teachers shall be determined on a ten-months' basis in accordance with the State mini mum salary schedule provided for in Section 56 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 administra tion. 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 con tained in this Section shall be construed to be reduced to the figures con tained in such line-item appropriation.

(b) The State Board of Education shall annually allot other certificated professional personnel to local units of administration as provided in Section 21. Such allotment shall be based on the first three months of the preceding school year, adjusted as provided for in Section 42 of this Act; provided, however, that during the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for pay ment of salaries of certificated professional personnel actually employed by the local units of administration. The amount of funds needed by a local unit to pay the salaries of certificated professional personnel shall be determined on a ten-months' basis in accordance with the State mini mum salary schedule provided for in Section 56 of this Act. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-allotted profes
sional personnel.

Section 38. Calculated Cost of Instructional Services Under the Adequate Program for Local Units, (a) The total amount of funds

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needed by a local unit of administration in order to provide the instruc tional services assured under the Adequate Program of Education in Georgia, as contemplated by provisions of this Act, shall be deemed to be the sum arrived at by adding the amount of funds, calculated in the manner provided for in this Act, needed by the local unit of administra tion for the following purposes:

(1) payment of salaries of instructional personnel as provided for in Sections 10, 11 and 12;

(2) purchase of instructional materials and media as provided for in Section 13;

(3) purchase of instructional equipment as provided for in Section 14;

(4) payment of maintenance and operation expenses as provided for in Section 15;

(5) payment of sick and personal leave expenses as provided for in Section 16;

(6) payment of travel expenses as provided for in Section 17;

(7) payment of compensatory education expenses as provided for in Section 18;

(8) payment of driver education expenses as provided for in Sec tion 19;

(9) payment of salaries of student services supportive personnel as provided for in Section 20;

(10) payment of salaries of administrative and supervisory per sonnel as provided for in Section 21;

(11) payment of salaries of clerical personnel as provided for in Section 24; and

(12) payment of expenses of pupil transportation as provided for in Section 25.

(b) The sum arrived at in the manner provided above shall be known as the calculated cost of instructional services under the Ade quate Program of Education in Georgia for a local unit of administra tion. The amount of State funds which shall be allocated to each local unit of administration in support of such program by the State Board of Education shall be the sum determined above as the calculated cost of providing an Adequate Program of Education in Georgia in the local unit in support of said program, less an amount which shall be determined in accordance with the financial ability of the local unit calculated in the manner as provided for in Section 39.

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Section 39. Calculation According to Local Financial Ability of Amount Required for Local Support of the Adequate Program for Ed ucation in Georgia, (a) The State Board of Education shall calculate annually the amount of funds that each local unit of administra tion shall be required to raise to support its Adequate Program for Education in Georgia. Effective for the 1975-76 school year, beginning annually the amount of funds that each local unit of administration shall be required to raise to support its Adequate Program for Ed ucation in Georgia. Effective for the 1975-76 school year, beginning July 1, 1975, and for each year thereafter, the amount of such funds to be raised by each local unit of administration shall be calculated by multiplying the following by a percentage factor selected to produce a Statewide required local effort of at least $78,500,000 but no more than $78,600,000:
(1) For a county school system, the percentage factor shall be applied to the total equalized adjusted school property tax digest of the county,
(2) For a county with independent school systems located within the county or counties, the percentage factor shall be applied to the total equalized adjusted school property tax digest of the county or counties. For the 1975-76 school year, beginning July 1, 1975, this amount shall be prorated between the systems by adding 11 1/9 percent to the county equalized adjusted school property tax digest of all property located within the territory of the independent school systems. There after, this amount shall be prorated between the systems by using the actual equalized adjusted school property tax digest of each system within the county.
(3) For an area school system, the percentage factor shall be ap plied to the total equalized adjusted school property tax digest of property located within such area school system.
(b) The amounts determined in accordance with the provisions of subsection (a) of this Section shall be the amounts to be raised by each local unit of administration in support of the Adequate Program for Education in Georgia. The amount of the costs of the Adequate Program for Education in Georgia remaining after deducting the total amount to be raised by all local units of administration shall be paid entirely from State or Federal funds.
(c) The State Auditor shall furnish to the State Board of Ed ucation the sums of the current equalized adjusted school property tax digests in accordance with an Act approved March 20, 1970 (Ga. Laws 1970, p. 542), relative to equalized adjusted school property tax digests. The sums of the current equalized adjusted school property tax digests, as shown on the State Auditor's Ratio Study Reports, which are due on November 15 immediately preceding the beginning of a school year shall be used to make the calculations required by subsection (a) of this Section for each school year.
Section 40. Apportionment and Distribution of Federal Funds. All federal funds received by the State Board of Education for purposes contained within this Act shall be apportioned and distributed by the State Board in a manner consistent with this Act as additional aid to local school units in defraying the cost involved in establishing and

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operating approved programs subject to such rules and regulations as may be prescribed by the State Board of Education and in accordance with the approved State Plan for such programs, where applicable.

Section 41. Additional Allotment of State Funds. In addition to the foregoing provisions of this Act, the State Board of Education shall or may, as the case may be, allot additional funds to local units of administration for purposes provided for in subsequent Sections of this Act to the extent that funds may be appropriated by the General As sembly for such purposes. When additional funds are allotted to local units for purposes hereafter provided for, local units of administration shall provide local funds to match the State allotment of funds to the extent and in the manner provided in the subsequent Sections of this Act.
Section 42. Mid-term Adjustment of Allotments of Personnel and State Funds. The State Board shall require submission of official re ports of attendance of pupils by local units of administration during the current school year. Whenever the official attendance reports of any local unit shall show an increase in average daily attendance of pupils during the current school year, the State Board of Education shall, at least semiannually during such school year, increase the State contributed minimum foundation program funds allotted to such local unit at the beginning of the current school year under Sections 10, 12, 20, 21 and 24 of this Act, in proportion to the current increase in average daily attendance of pupils in the local unit and in accordance with the provisions of this Act. The State Board shall, at the beginning of each fiscal school year, set aside from the total appropriation for educational purposes an amount of money deemed sufficient to meet the needs of such mid-term adjustments.

Section 43. Funds Needed to Provide Electronic Data Processing Services to Local School Systems. The State Board of Education through the Department of Administrative Services shall have authority to develop, in conjunction with local school systems, electronic data proces sing services in one or more geographical areas as designated by the State Board of Education. Funds appropriated for these services may be expended to implement this Section.

Section 44. Operation of Summer School Education Programs by Local Units; State Aid. The board of education of any local unit of administration may, in its discretion, provide for continued operation of one or more public schools of the local unit for a period of time beyond the normal school year provided for in this Act for the purpose of providing summer school education programs, to include remedial programs, continuation of prescribed school programs, enrichment school programs beyond prescribed school programs, accelerated school programs for gifted pupils, vocational school programs, special pro grams of education enumerated or coming within the scope of provisions of Section 32-620, and such other education programs as may be ap proved by the State Board: Provided, however, that all such programs shall meet and be offered in accordance with minimum standards, re quirements and criteria as may be prescribed by the State Board. Teach ers and other professional school personnel employed full time or part time during such period shall be paid additional salary based on the

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State minimum monthly salary schedule, in proportion to the time and
services rendered by such personnel. No additional State funds shall be allotted to local units in support of such programs unless specific provision is made therefor by the State Board. The State Board of Education is hereby authorized, to the extent that funds may be avail able, to allot additional State funds to local units in support of all or any one or more of such summer school education programs. The extent to which additional State funds may be allotted local units in support of any one or more of such programs shall be determined by the State
Board, but shall not in any event exceed the ratio of State funds to local funds made available to the local unit during the preceding school year in support of the calculated cost of providing a minimum founda tion program of education in the local unit during that school year. The State Board is authorized to determine the relative need for estab lishment of any one or more of the various summer school education programs enumerated above, to establish priorities for implementation of such programs, and to allot funds available for this purpose to local units of administration in support of those programs which the State Board may in its discretion deem to be most worthy of State financial support.

Section 45. Year-round Operation of Schools, (a) It is declared to be a policy of the State of Georgia that every effort is to be made to utilize currently available educational facilities and equipment on a year-round basis.

(b) The State Board of Education shall certify that a local unit of administration has a year-round operation for one or more grade levels (or equivalent age levels) for any educational program as pro vided for in Sections 4-9, 18 and 19, which meet the following criteria:

(1) that the operation of the program is for 240 official attendance days or more within a fiscal year;

(2) that for a student's first 180 days attendance be on a tuition free basis; and

(3) that the program is offered for all official attendance days in accordance with minimum standards, requirements and criteria as may be prescribed by the State Board.

(c) The allotment of instructional units and certified professional supportive personnel to a local unit of administration as provided for in Sections 10, 12, 20 and 21 for any portion of a program of a local unit which is certified by the State Board as being operated on a yearround basis under this Section shall be funded in accordance with the
following procedure:

Add to the adjusted average daily attendance computed under Sec tion 37 a number equal to the number of students enrolled for not less than 90 official attendance days during the fiscal year who do not at tend during the period used in making the computation provided for in Section 37.

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(d) The State Board of Education shall have the authority to prescribe minimum requirements and standards for the distribution, use and expenditure of funds allotted under this Section; provided, how ever, that upon implementation of this Section on a Statewide basis or in any particular local unit of administration, State funds shall be made available to all local units or to the particular local unit, as the case may be, for such purposes on the same basis and at the same ratio at which State funds were made available to the local unit in support of the calculated cost of providing an adequate program of education in the local unit for students enrolled and attending 180 official attendance days during a fiscal year.

Section 46. Reduction in Allotment of State Funds Due to In adequate Appropriation. The State Board of Education shall, to the extent necessary, reduce the amount of State funds to be allocated to local units in support of the Adequate Program of Education in Geor gia or in support of any of the purposes for which State funds might be allotted to local units under provisions of this Act, if the amount of State funds appropriated in support of said program or in support of any one or more of the purposes for which allotments of funds are hereby provided for is not adequate to finance the cost of the State portion of said program or such purposes determined in accordance with the provisions of this Act.

PART VI. DISTRICT POWER EQUALIZATION.
Section 47. Equalizing Fund for Local Units of Administration, (a) The State Board of Education is hereby authorized and directed to establish an equalizing fund whereby State funds, in addition to the amounts otherwise provided for by this Act, shall be payable to certain local units of administration qualifying for such equalizing funds, as hereinafter provided.
(b) For the purposes of this Section: (1) the guaranteed valuation school district shall be the school district ranking at the 90th percentile in dollars of assessed valuation per student in average daily attendance based on 40 percent of the equalized adjusted school property tax digests of the local units of administration, and (2) each local unit of administration having an assessed valuation per student in average daily attendance, based on 40 percent of such local unit's equalized ad justed school property tax digest, ranking below said 90th percentile shall constitute a qualified local unit of administration for the purpose of receiving equalizing funds.
(c) Each qualified local unit of administration shall select an nually its amount of expenditure per student in average daily attendance, in addition to its required local support pursuant to Section 39 of this Acts if any, and 60 days prior to the beginning of each fiscal school year shall report said amount to the State Board of Education. For the purposes of receiving equalizing funds, as hereinafter provided, the selected per student in average daily attendance expenditure amount for any qualified local unit of administration shall not exceed $100.00 or 125 percent of the amount for the immediately preceding fiscal school year, whichever is greater.

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(d) The amount of equalizing funds payable to each qualified local unit of administration shall be calculated by the State Board of Education as follows:

(1) determine the effective tax niillage rate necessary to raise the local unit of administration's selected amount of expenditure per
student in average daily attendance on the basis of the guaranteed valuation school district;

(2) apply the effective tax millage rate determined under para graph (1) to the local unit of administration's assessed valuation per student in average daily attendance based on 40 percent of the local unit of administration's equalized adjusted school property tax digest;

(3) subtract the amount derived under paragraph (2) from the local unit of administration's selected amount of expenditure per stu dent in average daily attendance, and multiply the result by the number of students in average daily attendance of the local unit of administra tion.
(e) The amount of equalizing funds payable to a qualified local unit of administration pursuant to subsection (d) of this Section shall be reduced for each such local unit of administration failing to actually raise its selected amount of expenditure per student in average daily at tendance. The amount of such reduction shall be in proportion to the difference between the amount actually raised and the selected per student expenditure amount.

(f) The State Board of Education shall make the calculations provided by this Section prior to the beginning of each fiscal school year and shall pay to each qualified local unit of administration onetwelfth of its respective equalizing funds for each month of each fiscal school year. The first equalizing funds shall be paid to qualified local units of administration during the 1974-75 fiscal school year, but calculations for such equalizing funds shall be based on data for the 1973-74 fiscal school year. For the purposes of such calculations, the selected per student in average daily attendance expenditure amount of each qualified local unit of administration shall be the amount per student, in addition to required local effort pursuant to Section 39 of this Act, actually raised by such local units of administration during the 1973-74 fiscal school year. Thereafter, calculations for equalizing funds shall be based on data for the immediately preceding fiscal school year, except for the selected amount of expenditure per student in aver age daily attendance which shall be based on the current fiscal school year.
(g) As used in this Section,

(1) students in average daily attendance means the average daily attendance for the first official 80 days of the local unit of administra tion's resident students and students attending the local unit's schools pursuant to a contract having a term of 25 years or more, and

(2) equalized adjusted school property tax digests mean the

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equalized adjusted school property tax digests furnished to the State Board of Education pursuant to subsection (c) of Section 39 of this Act.

(3) effective tax millage means that millage applied to 40 percent of the equalized adjusted school property tax digest of the applicable school district.

(h) In the event sufficient funds are not appropriated to the State Board of Education to pay the .full amount of equalizing funds payable to each qualified local unit of administration, as provided herein, the State Board shall determine the school district below the ninetieth percentile in dollars of assessed valuation per student in average daily at tendance based on 40 percent of the equalized adjusted school property tax digest of the local units of administration to which local units can be equalized by the funds which are available and this school district shall be the guaranteed valuation school district for the purpose of this Section for current fiscal year.

(i) The State Board of Education is hereby authorized and directed to adopt and promulgate such rules and regulations as said Board deems necessary or desirable to implement and carry out the provisions of this Section.

PART VII. CAPITAL OUTLAY FUNDS.
Section 48. Allotment of Capital Outlay Funds; Rules, Regulations, etc. (a) Capital outlay needs of local units of administration shall here after be determined by the State Board of Education on the basis of school system surveys, growth and development patterns within local units of administration, school plant surveys, and such other criteria as the State Board may, from time to time and in its discretion, prescribe and require to be established on a current and long-range basis indicating present and anticipated future capital outlay needs of the several local units of administration. State capital outlay funds hereafter available for construction of capital facilities in or for the use of local units of ad ministration shall be allotted to local units by the State Board on the basis of the respective current and long-range capital outlay needs of the several local units. The State Board shall, in determining the amount of State capital outlay funds to be allotted to or on behalf of a local unit of administration, consider the financial ability of the local unit to furnish local capital outlay funds from any existing unused bonding capacity of the local unit and the willingness of the local unit to levy millage and issue local bonds for capital outlay purposes. The State Board is authorized to enter into contracts with local units of administration for allotment of State capital outlay funds, and for utilization of local capital outlay funds, in making provision for construc tion of capital facilities needed by the local unit. The State Board of Education shall annually determine the facility needs of each school system for the next fiscal year and for four years thereafter.
(b) The provisions of any other law to the contrary notwithstand ing, each local unit of administration is hereby authorized to accrue State capital outlay funds from year to year, up to a maximum of 10

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years, in order to effectuate the purposes of the capital facilities plan of each local unit of administration which has been approved by the State Board of Education and which includes an assessment of needs related to the modernization, renovation or replacement of inadequate capital facilities.
(c) The term "capital facilities", as used in this Act, shall be deemed to include buildings, fixtures and equipment necessary or de sirable for the effective and efficient operation of the public schools and all facilities related or incidental thereto, which, without limiting the generality of the foregoing, shall be deemed to include classrooms, li braries, laboratories, restrooms, equipment rooms, offices, teacher loun ges, lunchrooms, lunch-assembly rooms, equipment and fixtures therefor, related exterior facilities, equipment and paving, and such other similar items as the State Board may, in its discretion, deem necessary for the effective and efficient operation of the public schools. The State Board is authorized to establish priorities for construction of such capital facilities for the purpose of making allotments of State capital outlay funds under the provisions of this Section. Capital outlay funds may be allotted to local units of administration for the purpose of constructing, renovating, altering or enlarging capital facilities.

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

(e) The State Board of Education shall, notwithstanding any other provision of this Act but in aid of same, have authority, in its discretion, to establish uniform rules, regulations, policies, standards, requirements and criteria respecting all matters pertaining or relating to location, construction, equipping, operation, maintenance, use and consolidation of schools and school facilities as may be reasonably necessary to as sure effective, efficient and economical operation of the schools and all phases of the public education program, and shall, for the purposes of this Section, consider such matters in making future allotments of capital outlay funds. Without in any way limiting the generality of the foregoing, such matters may include method, manner, type and minimum specifications for construction of such facilities and installa tion of fixtures and equipment therein, amount of space to be provided per pupil, number and size of classrooms, areas to be served by such facilities, and such other matters as the State Board may consider im
portant for such purposes.

(f) In the event any local unit of administration enters into a lease contract with the State School Building Authority or the Georgia State Financing and Investment Commission for use of facilities of the Authority or Commission pursuant to a commitment by the State Board for future allotments of State capital outlay funds, the State Board

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of Education, upon receipt of an executed copy of said lease contract, is hereby authorized and directed to monthly, quarterly or annually pay to the Authority or Commission such part of such funds to be made available to the local unit of administration under this Section as may be required to meet the terms of such lease contract.

(g) Notwithstanding the foregoing provisions of this Section, the State Board of Education shall hereafter annually allot to or on behalf of each local unit of administration State capital outlay funds suf ficient to meet commitments for allocation of State capital outlay funds entered into by and between the State Board of Education and the boards of education of local units of administration under the 1951-52 and 1960-61 State school building programs. The State Board of Educa tion shall make such allotments of State capital outlay funds from any funds available to the State Board of Education.

PART VIII. PROGRAM STANDARDS, ASSESSMENTS AND IMPROVEMENTS.
Section 49. Common Minimum Requirements for Public Schools, (a) The State Board of Education shall establish "Common Minimum Requirements" which each public school facility must meet in order to be certified for use in any component of the educational or recrea tional program of that school. Such minimum requirements shall in clude those provisions of law and/or State Board policy on matters related to fire and physical safety, sanitation and health, including temperature and ventilation, minimum space, size and configuration for the various components of the instructional program, and construction stability, quality and suitability for intended uses.

(b) The State Board of Education shall adopt policies and proce dures to ensure that each school facility meets minimum standards as determined by State Board policy.

(c) A proposed plan of action which includes a list and description of each deficiency and time limits within which such deficiencies are to be corrected must be submitted to the State Board of Education for review and approval. Further, the State Board shall have the authority to withhold all or part of the State funds in support of the provisions of this Act from any unit of administration refusing or failing to im plement the plan of action for deficiency remediation approved by the State Board.

Section 50. Performance-based Criteria for Operation of Instruc tional Programs. The State Board of Education shall establish per formance-based criteria upon which the instructional program of each public school will be evaluated so as to assure, to the greatest extent possible, equal and adequate educational programs, curricula, course offerings, opportunities and facilities for all students of Georgia's public schools, and economy and efficiency in administration and operation of each local unit of administration and public schools therein.

Section 51. Statewide Assessment Program, Local Assessment Program, Funds for the Local Program, (a) The State Board of Ed-

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ucation shall adopt such instruments, procedures and policies as deemed necessary to assess the effectiveness of the educational programs of the State. Such assessments will be made at least once annually, at a minimum of three grade levels, and on a Statewide basis. The State Board shall annually cause a readiness test to be administered early during a child's first year in school.

Section 52. Training of Public School Administrators Relative to Program Improvement, Program Improvement Plan, Program to Improve Instructional and System Services, (a) The State Board of Education shall provide an extensive and continuing training program for prac ticing public school administrators, including at least system super intendents, school principals and instructional supervisors, which is designed to expand their knowledge and skills necessary to plan and manage a systematic program to improve instructional and supportive services. The State Board of Education shall be authorized to reimburse such administration for actual expenses which result directly from participating in this program, if the Board deems it to be necessary. The State Board shall also be authorized to reimburse the expense of supply teachers employed to directly or indirectly replace such admin istrators, if the Board deems it to be necessary.

PART IX. POWERS AND DUTIES OF STATE BOARD OF EDUCATION, STATE SUPERINTENDENT OF SCHOOLS AND
LOCAL UNITS OF ADMINISTRATION.
Section 53. Powers and Duties of the State Board of Education. The State Board of Education shall adopt and prescribe all rules, regula tions and policies required by provisions of this Act, and shall adopt and prescribe such other rules, regulations and policies as may be reasonably necessary or advisable for proper implementation, enforce ment and carrying out of provisions of this Act, and other public school laws, or for assuring a more economical and efficient operation of the public schools of this State, or any phase of public education in the public schools of this State. The State Board shall establish and enforce minimum standards for operation of all phases of public school educa tion in Georgia and for operation of all public elementary and secondary schools and local units of school administration in Georgia so as to assure, to the greatest extent possible, equal and adequate educational programs, curricula, offerings, opportunities and facilities for all Geor gia's children and youth, and economy and efficiency in administration and operation of public schools and public school systems throughout the State. The State Board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public education in the public elementary and secondary schools of Georgia. All rules, regulations, policies and stan dards adopted or prescribed by the State Board in carrying out the provisions of this Act and other school laws shall, if not in conflict there with, have the full force and effect of law.

Section 54. Organization of the State Department of Education. The State Board of Education is hereby authorized, after consultation with the State Superintendent of Schools, to organize and reorganize the State Department of Education and the various offices, divisions, sections and units thereof and to prescribe the duties, functions and

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operations of each at such times and in such manner as the State Board may deem necessary or desirable for the more economical or effective organization, administration or functioning of the Department.

Section 55. Certification and Classification, (a) Certification and classification of professiojial school personnel; revocation of certificates; definitions: The State Board of Education shall provide, by regulation, for certifying and classifying all teachers and other certificated pro fessional personnel employed in the public schools of this State, and no such personnel shall be employed in the public schools of this State unless they shall hold a certificate issued by the State Board certifying to his or her qualifications and classification in accordance with such regula tions. The State Board shall establish such number of classifications of teachers and other certificated professional personnel as the Board may, in its discretion, find reasonably necessary or desirable in the operation of the public schools; provided, however, that such classification shall be based only upon academic, technical and professional training and experience, and competency of such personnel. The State Board is authorized to provide, by regulation, for revoking or denying certificates for good cause, after investigation is had and notice and hearing is provided the certificate holder. The State Board shall, by regulation, define the term "certificated professional personnel", as used in this Act, and shall designate and define the various classifications of pro fessional personnel employed in the public schools of this State that shall be required to be certificated under the provisions of this Section. Without limiting the generality of the foregoing, the term "certificated professional personnel" shall be deemed to include principals, instruc tional supervisors, visiting teachers, school librarians, guidance counselors and county or regional librarians.

(b) Certification and classification of paraprofessional school; revocation of certificates; definitions:

(1) "licensed personnel" in this context includes paraprofessionals and aides;

(2) "paraprofessional" is a person with less than professional-level certification who relates in role and function to a professional and who does a portion of the professional's job or task under the supervision of a professional. Implied in the definition is the fact that the para professional has some decision-making authority, limited and regulated by their relationship with the professional;

(3) "aide" is a person with less than professional training who takes no independent actions and has no decision-making authority, but performs routine tasks assigned by higher certificated personnel; and

(4) "permitted personnel" do not qualify for a professional certifi cate, but will function in the educational programs in the same manner as certificated personnel. Such personnel qualify for their position on the basis of experience rather than formal education. The State Board of Education shall provide, by regulation and policy, for the classifica tion of all licensed and permitted personnel employed in the public

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schools of this State, and no such personnel shall be employed in the public schools of this State unless they meet such minimum criteria as developed by the State Board of Education; provided, however, that such classifications shall be based only upon academic, technical and professional training and experience of such personnel. The State Board is authorized to provide, by regulation, for revoking or denying certifi cates for good cause, after investigation is had and notice and hearing is provided to certificate holder.

Section 56. Schedule of Minimum Salaries; Supplementing Salaries by Local Units. The State Board of Education shall establish a schedule
of minimum salaries for services rendered which shall be on a 10-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certifi cated by the State Board. Said minimum salary schedule shall be established on an index basis, and shall provide a minimum base salary for each classification of professional personnel required to be certifi cated, shall provide for increment increases above the minimum base salary of each classification of such personnel based upon the individual experience and length of service of such personnel and such other uni formly applicable factors as the State Board may, in its discretion, find relevant to the establishment of such a schedule, and shall include an annual increase equal to or greater than the increase in the cost of living until such time as Georgia teachers' salaries reach the national average. Said minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The State Board is hereby authorized to modify and adjust the minimum salary schedule at such times and in such manner as the Board may, in its discretion, find reasonably necessary and advisable for the more efficient operation of the public schools of this State. An index salary schedule shall be construed to mean a type of salary schedule established upon a set of relationships respecting salaries to be paid personnel according to various classifications, such relationships to be expressed as ratios which are above or below an index value of 100 to be attributed to certificated professional personnel with a bachelor's degree and no experience. All State funds now or hereafter made available to the State Board for the purpose of paying salaries of teachers or other certificated professional personnel employed by local units of administration shall be made available to local units and to such personnel employed by them in accordance with the index schedule of minimum salaries. Local units of administration shall not pay to any teacher or other certificated professional personnel in its employemnt a salary less than that prescribed by the index schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel, and in fixing the amount thereof may take into consideration the nature of duties to be per formed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and individual worth of the particular personnel whose salary is being supplemented. Supplements paid shall, in all other respects, be uniform.

Section 57. Required Curriculum; Instruction in Municipal, County, State and Federal Governments; Instruction in the Essentials of the United States and Georgia Histories and Constitutions; Instruction in Health Education; Instruction in the Fine Arts; Instruction in Physical

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Education. All elementary and secondary schools which receive in any manner funds from the State shall provide the following course offerings and in the manner prescribed by the State Board of Education, (a) The State Board of Education shall prescribe a course of study in the background, history and development of the Federal and State Govern ments. The course in the study of Federal and State Governments shall be supplemented in each high school by a study of the local county and municipal governments. No student shall be eligible to receive a diploma from a high school unless said student has successfully completed the course in governments provided for by this Section.

(b) The State Board of Education shall prescribe a course of study in the history of the United States and in the history of Georgia, and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals to be offered at the high school level. No student shall be eligible to receive a diploma from a high school, unless said student has successfully com pleted the courses in history and Constitutions provided for by this Section.

Section 58. Public School Year; Public School Day. (a) Public ele mentary and secondary schools of this State receiving State aid under the provisions of this Act shall be operated so as to provide that each eligible student has access to no less than 180 school days of education. The State Board of Education shall define the 180 days of education and the length of school day within each fiscal school year. Each fiscal school year shall begin on the first day of July and end on the thirtieth day of June of the following year.

(b) The provisions of this Section or any other provision of this Act to the contrary notwithstanding, when the President of the United States proclaims a national emergency, or when the Governor of the State of Georgia proclaims a state of emergency, or when, because of disaster, civil disturbance or a shortage of vital and critical material, supplies or fuel, the continued operation of the public schools according to the definitions of school year, school month, or school day is im practical or impossible, then the State Board of Education shall have the power to authorize local boards of education to depart from a strict interpretation of these definitions, and such departure need not be uniform throughout the State; it being the intent of this sentence to allow the continuation of public school education in this State under the unusual conditions described herein.

Section 59. State Agency for Surplus Property; Cooperative Agree ments. The State Board of Education is hereby authorized to establish and operate a State Agency for Surplus Property for the purpose of distributing surplus properties made available by the Federal Govern ment under the provisions of Public Law 152, 81st Congress, as amended, to institutions, organizations, agencies and others as may now or hereafter be eligible to receive such surplus properties pursuant to applicable provisions of Federal law. The State Board of Education may enter into or authorize the State Agency for Surplus Property to enter into cooperative agreements with the Department of Health, Edu cation and Welfare of the Federal Government for the use of surplus properties by the State Agency, and for providing administrative

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assistance in the transfer of title to real property from the Federal Government to institutions, organizations, agencies, and others as may now or hereafter be eligible to receive such properties pursuant to applicable provisions of Federal law.

Section 60. Powers and Duties of the State Superintendent of Schools. The State Superintendent of Schools shall be the executive officer of the State Board of Education, the administrative officer of the State Department of Education, and shall be responsible for the administration and enforcement of all provisions of this Act and other school laws in accordance with the provisions of such laws and rules, regulations, policies and standards adopted or prescribed by the State Board of Education for the implementation, administration or enforce ment of such laws.

Section 61. Local Units of School Administration; Eligibility to Receive State Funds. All county, independent and area public school boards and area boards of education in this State, established pursuant to provisions of law, shall be local units of administration for the purposes of this Act, except where other specific provisions are made. The qualifications, manner and time of selection, election or appoint ment, tenure, State compensation if provided for, and powers and duties of superintendents and members of boards of education of the several local units of administration shall be as prescribed by law; provided, however, that such superintendents and members of local boards of education shall comply with, execute and enforce the provisions of this Act and other school laws, and provisions of rules, regulations, policies and standards adopted by the State Board of Education pursuant thereto, in order to render the respective local units of administration eligible to receive State funds under the provisions of this Act.

Section 62. Local Units of School Administration; Employment of Personnel, (a) All teachers, principals, other certificated professional personnel, and all other school personnel of local units of administration shall be employed by local boards of education on the recommendation of the superintendent of schools of the local unit; provided, however, any board, by a vote of three-fourths of its entire membership, may employ teachers, principals, other certificated professional personnel, and all other school personnel without the recommendation of the superintendent. Minimum qualifications for employment of all school personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, other certificated professional personnel shall be in writing and shall be signed in duplicate by such personnel on their own behalf and by the local superintendent of schools on behalf of the local board of education.
(b) Any other provisions of this Act or any other laws to the contrary notwithstanding, local boards of education shall tender a new contract for the ensuing school year to every teacher on the payroll of the local school system at the beginning of the preceding school year, except teachers who have resigned or who have been terminated, by April 15 of each year or notify any such teacher that they are not going to rehire him for the ensuing school year. The notification shall be in writing.

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Section 63. Pupils Attending School in Adjacent Local Units of Administration; Allotment of State Funds; Contracts Between Local Units. Notwithstanding the foregoing provisions of this Act and other school laws, the State Board of Education is hereby authorized to provide, by regulation, a procedure and manner whereby a pupil shall, for such compelling reasons and circumstances as may be defined and specified by the State Board, be permitted to attend and be included as an enrolled pupil in average daily attendance in the public schools of a local unit of administration immediately adjacent to the local unit of administration wherein the pupil resides for the purpose of allotting State funds under the provisions of this Act, notwithstanding absence of an agreement between the two adjacent local units and a refusal by the board of education of the local unit wherein the pupil resides to voluntarily approve such transfer of the pupil to the public schools of the adjacent local unit; provided, however, that the board of education of the adjacent local unit is willing to receive and permit such pupil to enroll in and attend the public schools of such local unit. The State Board shall adopt such rules, regulations and policies as may be neces sary for implementation of this Section. Grant or refusal of permission for pupils to attend such schools, for the purpose of permitting State funds to follow such pupils, shall be entirely discretionally with the State Board and shall, in the absence of a clear abuse of discretion by the Board, be final and conclusive. Local units of administration may contract with each other for the care, education and transportation of pupils and for such other activities as they may be authorized by law to perform.

Section 64. Voter Registration; Excused Absences. Each student in the public schools of the State of Georgia, upon attaining the age of 18 years, shall be apprised of his right to register as an elector and vote in elections upon attaining the age of 18 years. The State Board of Education shall promulgate rules and regulations to carry out the provisions of this Section. An excused absence of a student, as deter mined by the local unit of administration, not to exceed one school day, shall not be counted against any local unit of administration in ascertaining "average daily attendance".

Section 65. Financial Procedures Established. For the purpose of promoting economy and efficiency in the financial operation of local school systems, keeping all school expenditures within estimated receipts and balances, and to facilitate financial review audits of local school system operations, and to determine conformance of school operations with provisions of law, the State Board of Education is hereby authorized to establish a uniform budget and accounting system and to establish uniform regulations to be implemented by local school boards. These regulations shall include, but not be limited to, the following: (a) forms, (b) classifications of accounts, (c) codes for data processing machines, and (d) regular reporting procedures. In addition, the State Board of Education is authorized to prescribe information that must be submitted to the State Board and the time it must be submitted. In order to ensure compliance with this Section, the State Board is au thorized to establish a Financial Review Section for the limited purpose of reviewing financial records and accounting of local boards.

Section 66. Budget Procedures Established. The State Board of

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Education is hereby authorized to establish a uniform budgeting system
to be implemented by local school boards and to prescribe a date each local board must submit a budget to the State Board. The regulations developed by the State Board must make adequate provision for local review and modification prior to local approval and submittal to the State Superintendent of Schools. The State Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the State Board and the respective local board of education. The State Board shall either accept or reject the budget of a local unit. If the State Board rejects the budget of a local unit, the local board shall receive written notification and within 30 days must either make the required changes or request an appeal as provided for in Section 71.

Section 67. Withholding of State Funds Due to Failure to Provide Local Funds. In the event a local unit of administration fails to provide or use the amount of local funds required to be raised and used by the local unit in support of the cost of the Adequate Program for Education in Georgia in the local unit during any school year, determined in accordance with provisions of this Act, the State Board of Education shall calculate the percentage which the deficiency in local funds represents of the total local funds required to be raised and used by the local unit and reduce the amount of State funds allotted to the local unit by the same percentage until such time as the local unit provides or uses, as the case may be, the required amount of local funds or makes adequate provision for providing or using the same to the satisfaction of the State Board. If State funds allotted to a local unit have been distributed to the local unit when such failure of the local unit is ascertained, or if an audit of operations of the local unit shows that the local unit did not during the preceding or a past fiscal school year actually provide or use the amount of local funds required by provisions of this Act and the approved local budget of the local unit for that year, the State Board of Education shall, for the next ensuing fiscal year, reduce the amount of State-contributed Adequate Program for Education funds to be allotted to the local unit by an equivalent amount of money and correspondingly increase the amount of local funds to be supplied by the local unit for that fiscal school year by the same amount of money. The State Board of Education shall in any event before withholding or reducing the amount of State funds to be dis tributed to a local unit under this Section, notify the local unit of the intention of the Board to withhold or reduce the allotment of State funds to the local unit, and state the reasons for such action. The board of education of the local unit shall be entitled to an appeal as provided for in Section 69.

Section 68. State Bids on Standard Items of School Equipment, Supplies and Services, (a) The State Board of Education shall, from time to time, determine, through study and after consultation with the Director of the Purchasing and Supplies Division of the Department of Administrative Services, representatives of local units of administra tion, and such others as the Board may deem it advisable to consult with, whether an overall substantial price advantage to local units of administration may be obtained by means of a combined bid by local units through the State Superintendent of Schools and the Department of Administrative Services on standard items of school equipment,

MONDAY, FEBRUARY 18, 1974

1429

supplies or services, or other standard expenses, to be designated by the State Board, ordinarily needed, procured or incurred by local units during the fiscal school year, without a sacrifice of safety or quality. If the State Board shall determine that such a price advantage to local units may be obtained by such means on any one or more of such items or expenses, the State Board shall, after consultation with such persons, establish sets of uniform standard specifications for such item or items as may reasonably be required in order to meet the various needs and requirements of the several local units of administra tion. Local units of administration shall, at such times as the State Board shall prescribe, report the probable annual requirement of the local unit for such standard items to the State Board and the requested time for future delivery of such items. The State Board shall compile such requirements and submit a compilation of the same to the Depart ment of Administrative Services, together with such other information as may be needed or otherwise requested by the Department of Ad ministrative Services for the purpose of advertising for bids for a uniform State price on such items.

(b) The Department of Administrative Services shall advertise for bids for supply of such items in the same manner followed for State purchases; provided, however, that the Department of Admini strative Services shall inform prospective bidders that the bid requested is for the furnishing of such items to the designated local units of administration at the times specified on the basis of a single State price applicable to all local units of administration, that payment for such items as may be purchased by local units shall be made by the respective local units of administration to the bidder, that no guarantee is made that any purchases will be made from the successful bidder as a result of such bidding, and such other information as shall be ap propriate under the circumstances. The Department of Administrative Services shall, upon receipt of bids, process the same in the same manner followed for State purchases and promptly notify the State Board of Education of the name of the successful bidder, and such other available information as may be required by the State Board. The State Board shall promptly forward such information to all local units of administration.

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

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Section 69. Withholding of Funds from Local Units; Appeal. In
the event a local unit of administration shall fail to comply with any provision of this Act, or other school laws, or any provision of rules, regulations, policies, standards or requirements established by the State Board, or the terms of any contract with the State Board, the State Board may, in its discretion, withhold from such local unit all or any part of the State-contributed Adequate Program of Education in Georgia
funds allotted to such local unit under provisions of this Act until such time as full compliance is made by the local unit. The State Board shall, before withholding such funds, notify the local unit of its intention to withhold such funds and state the reasons for such action. The board of education of the local unit shall be entitled to a hearing on such matter before such funds are withheld provided the local board requests such hearing within 30 days from receipt of such notification. If the local board of education feels itself aggrieved by the final decision of the State Board following such hearing, the local board shall have the right to obtain judicial review of such decision, on the record made before the State Board, by filing an appeal in the superior court of the county of the local unit affected. Such appeal shall plainly specify the decision complained of, the questions in dispute, the decision of the State Board, the relief sought by the local board, and the conten tions of the local board. Said appeal shall be based upon the record as a whole established at the time of the hearing before the State Board. A transcript of the testimony and other evidence adduced before the State Board at the time of such hearing shall be prepared and certified as true and correct by the State Superintendent of Schools and filed in the court within 30 days after date of service of a copy of the appeal upon the State Superintendent of Schools, or within such other time as the court may allow. The decision of the State Board on appeal shall not be set aside if based upon any substantial evidence in the record, considering the record as a whole. The court may, in its discretion, whether or not the same be prayed for in the appeal, remand such matter for future proceedings or findings on such directions or terms as may be specified in the order of the court. Proceedings for review of the final judgment of the court shall follow the same course which is now or may hereafter be prescribed for other civil actions in the
superior court.

Section 70. Distribution of State Funds. The State Board of Edu cation shall, by regulation, provide for distribution of State funds allotted to local units under this Act and budgets approved by the State Board. In determining the time and manner for distribution of State funds, the State Board may, in its discretion, consider the time at which local school tax funds shall be collected and made available to the several local units of administration, and is hereby authorized to provide for distribution of State funds to local units at such times and in such manner as will most likely meet the periodic needs of local units for the State allotted funds, provided State funds appropriated for such purposes are available at such times. State funds to be dis tributed to local units under provisions of this Act shall be withdrawn from the State treasury on executive warrants based upon requisitions to be signed by the State Superintendent of Schools, which shall be signed in accordance with the provisions of such regulations and direc tions of the State Board, and shall be disbursed to local units by the
State treasury upon order of the State Superintendent of Schools.

MONDAY, FEBRUARY 18, 1974

1431

Section 71. Act to be Administered Pursuant to Budget Laws. The standards set forth in Section 10-21, 24 and 25, and in such other Sections as such minimum requirements for funds shall appear, shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this Act shall be construed as amending or modifying in any way Chapter 40-4 known as the "Budget Act" as provided in an Act approved February 12, 1962 (Acts 1962, p. 17), as amended, or any appropriation Act which is presently in force and effect. The State Board of Education shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by the provisions of such Budget Act, such appropriation Acts, and all other laws of general application pertaining to the handling and expenditure of State funds, none of which Acts or laws are amended, modified or repealed by this Act unless specifically so provided in this Act.

Section 72. Coordination with other State Agencies. The State Board of Education shall be empowered to form in conjunction with other State agencies certain coordinating boards as needed to ensure the provision of a comprehensive educational program for the students of Georgia.

The State Board of Education and the Georgia Board of Human Resources shall hereby establish a Coordinating Committee for Excep tional Individuals and Preschool Programs not later than July 1, 1974. The Committee shall meet at least once every quarter and consist of no less than three members from each of the departments operated under the two boards, including at least one individual at one of the top two levels of management.

PART X. MISCELLANEOUS.
Section 73. Laws Specifically Repealed. The following laws are hereby repealed in their entirety:
(a) An Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended.
(b) An Act providing for the education of exceptional children, approved March 7, 1968 (Ga. Laws 1968, p. 120).
(c) An Act known as the "Cooperative Educational Service Agencies Act", approved March 27, 1972 (Ga. Laws 1972, p. 550).
(d) Code Section 32-509, relative to the preparation of a text on civics by the State Superintendent of Schools.
(e) Code Section 32-705, relative to courses of study in health and hygiene, the nature of alcoholic drinks and narcotics, the elements and principles of agriculture and the elements of civil government and relative to the reading of the Bible in schools receiving State funds.

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(f) Code Section 32-706, relative to instruction in essentials of United States and State Constitutions and the study of American institutions and ideals, as amended by an Act approved March 4, 1953 (Ga. Laws 1953, Jan. Feb. Sess., p. 532).

(g) An Act providing that the State Board of Education shall prescribe and approve textbooks for a course in Federal and State government to be taught in high schools, approved March 11, 1953 (Ga. Laws 1953, Jan. Feb. Sess., p. 587), as amended by an Act approved March 28, 1973 (Ga. Laws 1973, p. 191).

(h) Code Chapter 32-15, relative to the school year, scholastic month and the observance of special days, as amended.

Section 74. Construction. To the extent that the provisions of this Act conflict with the provisions of any heretofore existing laws not specifically repealed by Section 76 of this Act, it is the intention of the General Assembly that the provisions of this Act shall control, but to the extent that such laws do not conflict with the provisions of this Act, then this Act is hereby declared to be cumulative of and supple mental to such heretofore existing laws.

Section 75. Effective Date. This Act shall be effective for the 1974-75 fiscal school year and thereafter.

Section 76. General Repealer. All laws and parts of laws in con flict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 34, nays 0, and the sub stitute was adopted.

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

On the passage of the bill, Senator Gillis of the 20th, who was presiding ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin

Coverdell Cox Doss Eldridge Fincher Hamilton Herndon Hill

Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford

Lester London McDuffie McGill Moore Overby Parker Reynolds

MONDAY, FEBRUARY 18, 1974

1433

Riley Rowan Salter Skene Smalley Smith Starr

Stephens Button Thompson Ward Webb Young Zipperer

Those voting in the negative were Senators:

Dean Tysinger

Warren

Wasden

Those not voting were Senators:

Duncan Garrard

Gillis (presiding) Henderson

Johnson Summers

On the passage of the bill, the ayes were 46, nays 4.

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

Senator Starr of the 44th moved that SB 672 be immediately transmitted to the House.
On the motion, the ayes were 29, nays 0; the motion prevailed, and SB 672 was immediately transmitted to the House.

The following bills of the House and Senate were taken up for the purpose of considering House action thereto:
HB 936. By Mr. Triplett of the lllth: A bill to fix the compensation of a certain official in certain counties (population of not less than 185,000 nor more than 190,000).

Senator Wasden of the 2nd moved that the Senate recede from its amendment to HB 936.
On the motion, the ayes were 32, nays 0; the motion prevailed, and the Senate amendment to HB 936 was receded from.

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HB 937. By Mr. Triplett of the lllth:
A bill to fix the compensation of a certain official in certain counties (population of not less than 185,000 nor more than 190,000).

Senator Wasden of the 2nd moved that the Senate insist upon its amendment to HB 937.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the Senate amendment to HB 937 was insisted upon.

SB 582. By Senators Wasden of the 2nd, Zipperer of the 3rd and Riley of the 1st:
A bill to amend an Act providing for a board of elections in certain counties, approved Apr. 18, 1973 (Ga. Laws 1973, p. 3697), so as to change the jurisdiction of the board of elections; to change the qualifi cations of members of the board of elections.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act providing for a board of elections in certain counties, approved April 18, 1973 (Ga. Laws 1973, p. 3697), so as to change the jurisdiction of the board of elections; to change the qualifications of members of the board of elections; to change the provisions relating to certification of the election of members of the election board; to change the provisions relating to the appointment of the chairman; to change the provisions prohibiting members of the board from presiding over certain primaries, runoffs or general elections; to change the provisions relating to the interim chairman; to change the duties, salary and responsibilities of members of the election board; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing for a board of elections in certain counties, approved April 18, 1973 (Ga. Laws 1973, p. 3697), 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. There is hereby created in each county of this State having a population of more than 170,000 and less than 195,000 per sons according to the 1970 United States Decennial Census, or any such future census, a board of elections which shall have jurisdiction over the conduct of general and special elections, referendums, gen-

MONDAY, FEBRUARY 18, 1974

1435

eral and special primaries, and runoffs resulting therefrom in said counties in accordance with the Georgia Election Code, as amended, and State Election Board Rules (Title 34 of the Code of Georgia).

Wherever the words 'ordinary' and/or 'superintendent' are used in said Title, it is hereby expressed as the legislative intent to transfer the primary and election duties granted to and incumbent upon the ordinary and/or the superintendent pursuant to Code Title 34 and any other provisions of the law, as now or hereafter amended to the election board herein created, and no further powers are added by this Act."

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. The Board of Elections in each of such counties shall be composed of five members, each of whom shall be an elector of said county, a resident of said county for a period of two years, be at least 25 years of age at the time of assuming office and who shall be selected in the following manner:

(a) Until the general primary of August, 1974, and until the runoff therefrom, unless a candidate receives a majority of the vote as required by Code Section 34-1513 of said Code, the two parties who received the two highest votes for Governor in the 1970 general election, acting by and through their duly chosen county executive committees holding office at the time of the effective date of this Act, shall appoint two members each to serve on said Board. The persons so appointed shall serve until their successors are chosen in said primary and/or runoff as above set out. Each of said parties shall conduct an election in said primary for two board of election members whose terms of office shall be four years unless the time of the general primary of 1974 shall be changed, in which case his term shall be shortened or lengthened accordingly. Said candidates shall qualify to run in such primary in accordance with the rules prescribed in the Georgia Election Code for political party candi dates. The winners of each of said primaries shall become members of said election board upon the certification of said election by the existing election board of said county to the clerk of superior court and the Secretary of State of Georgia and upon his taking an oath of office that is substantially the same as required by the oath of office required by law for registrars.

(b) The four members appointed to the initial board as pro vided in subsection (a) shall appoint a fifth member, who shall be the chairman of the board. Following the term of such initial chairman, the four successors to the initial members of the board who shall be elected in the general primary of August, 1974, shall likewise elect a fifth member, who shall serve as chairman of the board. The term of office of the chairman shall coincide with the terms of office of the appointed or elected members of the board as provided for in subsection (a). The elected or appointed members of the board provided for in subsection (a) shall appoint the chair man within thirty days following their appointment or election. If,

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at the end of such thirty-day period, such members shall not have been able to agree upon the appointment of a chariman, the chair man shall be appointed by a committee composed of the senior superior court judge, the chairman of the board of county commis sioners, the judge of the state court, the foreman of the grand jury, and the chairman of the grand jury conference committee.

(c) No member of said board of elections so selected or elected shall preside over any general or special primary, election or runoff in which he is a candidate for office other than for the board of elections and has opposition. If a member mentioned in Section 2(a)
above shall be so disqualified, then the parties' executive committee who appointed or elected him shall appoint an interim member who is not a candidate in said primary to serve until the successor is chosen and qualified. If he be the chairman mentioned in Section 2(b) above, the interim appointment shall be chosen by the govern ing authority of said county but no longer than 10 days after the next general primary or runoff if one is necessary. Such interim chairman shall serve until his successor is chosen and qualified.

(d) No person who holds elective or appointive office, or is a salaried employee of the governing body of said county or munici pality in said county, or any member of the board of education or commission appointed by the governing body or any municipality in said county shall be eligible for appointment or election to the board of elections if he has so served within three months immediate ly preceding his appointment as a member of said Board or within three months immediately preceding his qualifying to run for any position on said board; provided, however, any member of said board shall be eligible for reelection to said board.

(e) In the event any vacancy shall occur for any reason the party in which such vacancy shall occur shall appoint to fill the unexpired term until the next general primary for the members de scribed in Section 2(a) above and the governing authority of said county shall appoint the chairman described in Section 2(b) above to serve until the next general primary.
(f) The members of said board may be removed from office for misfeasance or malfeasance in office on the grounds of and in the manner prescribed for county officers set out in the Constitution of the State of Georgia, and the laws of Georgia passed pursuant thereto."

Section 3. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

"Section 3. (a) There shall be a chief administrative officer who shall be appointed by the board of elections after it is first constituted. Such person shall be designated 'election supervisor'. Said election supervisor shall possess the same qualifications as provided for board members as is set out above. Said supervisor shall serve at the pleasure of said board, except that said board may not replace him within thirty days of any primary, referendum

MONDAY, FEBRUARY 18, 1974

1437

or election unless said supervisor resigns or becomes disqualified as above set out. His duties, salaries and responsibilities shall be prescribed by said election board rules and regulations which shall be consistent with the Georgia Election Code, each as described above.

(b) The said board shall employ such clerical assistants as is provided for by the governing authority within the budget ap proved as set out in Code Section 34-401 (k), of the said Election Code."

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. The salary of the chairman of said board shall be not less than $2,400 per annum nor more than $4,800, to be fixed by the governing authority within said limits; the salary of each of the four members described in Section 2 (a) above shall not be less than $1,200 nor more than $2,400, to be fixed by the governing au thority within said limits. There shall be no fringe benefits provided for by said governing authority such as any form of insurance, etc., except for the governing authority's share of United States Social Security payments and the expense of providing said members with the necessary tax information required by Federal and State laws."

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.

Senator Wasden of the 2nd moved that the Senate agree to the House substi tute to SB 582.
On the motion, the ayes were 31, nays 0; the motion prevailed, and the House substitute to SB 582 was agreed to.

The President resumed 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 704. By Senator Zipperer of the 3rd:
A bill to amend an Act creating the Georgia Higher Education Assis tance Corporation, approved Mar. 12, 1965 (Ga. Laws 1965, p. 217), as amended, so as to authorize the Corporation to request and obtain from

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other governmental departments, boards, commissions, bureaus or agen cies information and assistance relative to location, employment, income and property of persons indebted to the Corporation or for whom the Corporation has guaranteed student loans.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Reynolds

Riley Rowan Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Henderson

Hudgins Moore

Salter Summers

On the passage of the bill, the ayes were 50, nays 0.

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

Senator Zipperer of the 3rd moved that SB 704 be immediately transmitted to the House.
On the motion, the ayes were 33, nays 0; the motion prevailed, and SB 704 was immediately transmitted to the House.

MONDAY, FEBRUARY 18, 1974

1439

The President announced the Senate would stand in recess from 11:55 o'clock A. M. until 1:15 o'clock P. M.

The President called the Senate to order at 1:15 o'clock P. M.

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

HB 1505. By Mr. Logan of the 62nd and others:
A bill to create the Division of Consumer Affairs in the Department of Agriculture; to provide that the Division of Consumer Affairs shall be headed by a Director who shall be appointed by and serve at the pleasure of the Commissioner of Agriculture.

The House has disagreed to the Senate substitute to the following bill of the House, to-wit:

HB 214. By Mr. Burruss of the 21st and others:
A bill to exempt from all ad valorem taxation for educational purposes levied by any county or independent school district the homestead of any resident of such county or independent school district who is 62 years of age or older and has an income not exceeding $6,000 per annum.

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

HB 509. By Mr. Daugherty of the 33rd:
A bill to amend Code Section 23-1705(3), so as to increase from $1,000 to $5,000 the contract price below which public works contractors need not post payment and performance bonds.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

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HB 246. By Messrs. Brown of the 89th and Adams of the 36th:
A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license.

The Conference Committee Report was as follows:

Mr. President and Mr. Speaker:

Your Conference Committee on HB 246 has met and submits the following recommendations:

That the House and Senate recede from their respective positions and that the attached Substitute to HB 246 be adopted.

FOR THE SENATE
/s/ Steve Reynolds Senator, 48th District
/s/ Floyd Hudgins Senator, 15th District
/s/ W. D. Ballard Senator, 45th District

Respectfully submitted,
FOR THE HOUSE
/s/ Phillip Brown Representative, 89th District
/s/ J. R. Smith Representative, 74th District
/s/ G. D. Adams Representative, 36th District

Conference Committee Substitute to HB 246:
A BILL
To be entitled an Act to authorize the Commissioner of Public Safety to establish such rules and regulations governing the cancellation, suspension and revocation of the driver's license of persons committing hazardous motor vehicle violations; to repeal an Act establishing a viola tion point system for the assessment of points for various moving traffic violations and providing for the suspension of drivers' licenses of persons accumulating certain points within certain periods of time, approved March 27, 1968 (Ga. Laws 1968, p. 430), as. amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Commissioner of Public Safety shall formulate such rules and regulations relative to investigations, interviews, hearings, reexaminations or other procedures as shall be necessary to provide for the cancellation, suspension and revocation of the driver's license of persons who shall commit hazardous motor vehicle violations.

MONDAY, FEBRUARY 18, 1974

1441

Section 2. An Act establishing a violation point system for the assessment of points for various moving traffic violations and providing for the suspension of drivers' licenses of persons accumulating certain points within certain periods of time, approved March 27, 1968 (Ga. Laws 1968, p. 430), as amended, is hereby repealed in its entirety.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Reynolds of the 48th moved that the Conference Committee Report on HB 246 be adopted.

On the motion, Senator Reynolds of the 48th called for the ayes and nays, and the call was sustained.

On the adoption of the Conference Committee Report, a roll call was taken and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Broun of 46th Brown of 47th Dean Hamilton

Hudgins Jackson Kennedy Lester McGill

Reynolds Salter Starr Zipperer

Those voting in the negative were Senators:

Carter Coggin Coverdell
Cox
Duncan Eldridge Herndon Hill Holloway Howard

Johnson Langford London Overby Riley Rowan Skene Smalley Smith

Stephens Button Thompson Tysinger Ward Warren Wasden Webb Young

Those not voting were Senators:

Barker Bell Cleland Doss Fincher

Garrard Gillis Henderson Holley Kidd

McDuffie Moore Parker Summers

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On the adoption of the Conference Committee Report, the ayes were 14, nays 28, and the Conference Committee Report on HB 246 was rejected.

Senator Reynolds of the 48th moved that a Second Conference Committee be appointed on HB 246.

On the motion, the ayes were 31, nays 0; the motion prevailed.
The President appointed as a Second Conference Committee on the part of the Senate the following:
Senators Hudgins of the 15th, Ballard of the 45th and Reynolds of the 48th.
Senator Ballard of the 45th assumed the Chair:
The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:
SB 689. By Senators Langford of the 51st, London of the 50th, Ward of the 39th and others: A bill to amend Code Section 81A-140, relating to the trial of civil cases, as amended, so as to provide that no case may be tried earlier than the 61st day from the date the complaint was filed and served.

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

On the passage of the bill, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Broun of 46th Brown of 47th Carter Coverdell Cox Dean
Eldridge

Hamilton Herndon Hill Holloway Howard Hudgins Jackson
Johnson

Kennedy Langford Lester London McGill Overby Reynolds
Riley

Rowan Salter Skene Smalley Smith

MONDAY, FEBRUARY 18, 1974

1443

Starr Stephens Sutton Thompson Tysinger

Ward Warren Wasden Young Zipperer

Those voting in the negative were Senators:

Doss

Webb

Those not voting were Senators:

Ballard (presiding) Barker Cleland Coggin Duncan

Fincher Garrard Gillis Henderson Holley

Kidd McDuffie Moore Parker Summers

On the passage of the bill, the ayes were 39, nays 2.

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

Senator Langford of the 51st moved that SB 689 be immediately transmitted to the House.

On the motion, the ayes were 31, nays 0; the motion prevailed, and SB 689 was immediately transmitted to the House.

The following resolution of the House was taken up for the purpose of considering a House amendment thereto:

HR 461. By Mr. Wamble of the 120th:
A resolution authorizing the conveyance of certain real property located in Cairo, Grady County, Georgia.

The amendment of the House was as follows:
Amend the Senate substitute to HR 461 as follows: By striking from the last resolving clause the words: "Commissioner of Agriculture",

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JOURNAL OF THE SENATE,

and substituting in lieu thereof the following:

"Governor".

Senator Herndon of the 10th moved that the Senate agree to the House amendment to the Senate substitute to HR 461.

On the motion, the ayes were 32, nays 0; the motion prevailed, and the House amendment to the Senate substitute to HR 461 was agreed to.

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

SB 690. By Senators Langford of the 51st, London of the 50th, Ward of the 39th and others:
A bill to provide that it shall not be necessary to verify any pleadings in any case at law or in equity; to provide the procedures connected therewith.

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

On the passage of the bill, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Dean Doss Duncan Eldridge Fincher Hamilton Herndon Holloway

Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McGill Overby Reynolds Riley Rowan

Salter Skene Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

MONDAY, FEBRUARY 18, 1974

1445

Those voting in the negative were Senators:

Hill

Smalley

Smith

Those not voting were Senators:

Ballard (presiding) Barker Cleland Cox

Garrard Gillis Henderson Holley

McDuffie Moore Parker Summers

On the passage of the bill, the ayes were 41, nays 3.

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

SB 691. By Senators Langford of the 51st, London of the 50th, Parker of 31st and others:
A bill to amend Code Section 113-602, relating to probate in solemn form of a will, as amended, so as to provide that in the event that all of the heirs at law shall be sui juris and such heirs shall consent thereto, the will may be proved without the witnesses if the heirs at law shall agree to the authenticity of the testator's signature appearing on the will.

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

On the passage of the bill, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Pincher Garrard Gillis Hamilton

Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford London McDuffie McGill Overby

Reynolds Riley Skene Starr Stephens Thompson Tysinger Ward Warren Wasden Young Zipperer

1446

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Eldridge Herndon Hill

Holloway Rowan Smalley

Smith Sutton Webb

Those not voting were Senators:

Ballard (presiding) Barker Bell Cleland

Duncan Henderson Lester Moore

Parker Salter Summers

On the passage of the bill, the ayes were 36, nays 9.

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

The following bill of the Senate, read the third time January 31 and recommitted to the committee on Special Judiciary, was favorably reported and put upon its passage:

SB 497. By Senator Reynolds of the 48th:
A bill to provide for the confiscation and sale of certain articles of tangible personal property used in the commission of a felony; to pro vide for proceedings in the superior court; to provide for disposition of proceeds from a sale; to provide for other matters relevant thereto; to provide an effective date.

The Committee on Special Judiciary offered the following substitute to SB 497:
A BILL
To be entitled an Act to provide for the confiscation and sale of certain articles of tangible personal property used in the commission of a felony; to provide for proceedings in the superior court; to provide for disposition of proceeds from a sale; to provide for other matters relevant thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. (a) Each vehicle, boat, firearm, or other item of tangible personal property, other than clothing and purely personal

MONDAY, FEBRUARY 18, 1974

1447

effects, used in the commission of a felony is hereby declared to be contraband and forfeited to the State and shall be confiscated and seized by any peace officer who shall forthwith deliver it to the district attorney whose circuit includes the county in which a seizure is made or his duly authorized agent within 10 days of the seizure.

(b) The district attorney whose circuit includes the county in which a seizure is made, within 10 days after the final conviction of the person who used or had possession of the property in the com mission of the felony, 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 persons having an interest in or right affected by the seizure or sale of such property. A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having custody or possession of such property at the time of the confiscation or seizure. If the owner or lessee or person or persons having custody or possession of such property at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the property resulting therefrom. If no defense or intervention shall be filed within 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 property was so used and that such use was with the consent, express or implied, of the owner, the property 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, advertise ment, maintenance or care of such property; and

(4) The remainder shall be paid into the County treasury.

(c) Where the owner or lessee of any property seized for purposes of condemnation shall abscond or conceal himself so that actual notice of the condemnation proceedings cannot be served upon him, he shall be served by publication as is hereinbefore provided in the case of an unknown owner or lessee.
(d) All proceedings against any vehicle, boat, firearm, or other item of tangible personal property, for the purpose of condemnation, shall be proceedings in rem against the property and the property shall be described only in general terms. It shall be a ground for defense that the person who had the property in possession at the time of its use and seizure has not been convicted of any criminal proceedings resulting from or arising out of such use.

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(e) 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 property seized, if illegally 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 contained herein shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs incurred by him.

(f) 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 vehicle, or other item of tangible personal property seized, the court to determine 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.

(g) 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 vehicle, or other item of tangible personal property, 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.

(h) The provisions of this Section shall be supplementary and in addition to the provisions of Code Section 58-207, relating to the seizure of contraband articles used in the distilling and manufacture of in toxicating liquors; Code Section 58-1013, relating to confiscation of vehicles used in violation of intoxicating liquor import regulations; Code Section 79A-905, relating to condemnation of certain articles used in violation of the Georgia Drug Abuse Control Act, and any other similar provision of law.

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, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter

Coggin Coverdell Cox Doss

Duncan Eldridge Fincher Garrard

MONDAY, FEBRUARY 18, 1974

1449

Gillis Hamilton Herndon Holloway Howard Jackson Johnson Kennedy Kidd Langford

Lester London McDuffie Moore Overby Reynolds Riley Rowan Salter

Smith Starr Button Tysinger Ward Warren Wasden Webb Zipperer

Voting in the negative was Senator Smalley.

Those not voting were Senators:

Ballard (presiding) Broun of 46th Cleland Dean Henderson

Hill Holley Hudgins McGill Parker

Skene Stephens Summers Thompson Young

On the adoption of the substitute, the ayes were 40, 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, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Brown of 47th Carter Coggin Coverdell
Cox Doss Duncan Eldridge Fincher Gillis Hamilton Herndon

Holloway Howard Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Smith Sutton Tysinger Ward Warren Webb Zipperer

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Barker

Garrard

Smalley

Those not voting were Senators:

Ballard (presiding) Broun of 46th Cleland Dean Henderson Hill

Holley Hudgins Johnson Skene Starr

Stephens Summers Thompson Wasden Young

On the passage of the bill, the ayes were 37, nays 3.

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

Senator Reynolds of the 48th moved that SB 497 be immediately transmitted to the House.

On the motion, the ayes were 31, nays 0; the motion prevailed, and SB 497 was immediately transmitted to the House.

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

HB 1263. By Mr. Reaves of the 124th:
A bill to amend Code Chapter 26-18, relating to theft, so as to provide for the crime of livestock theft.

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

On the passage of the bill, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

MONDAY, FEBRUARY 18, 1974

1451

Those voting in the affirmative were Senators:

Bell Brown of 47th Coggin Coverdell Cox Doss Eldridge Fincher Garrard Gillis Hamilton Herndon Hill Howard

Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Riley Rowan

Salter Smalley Smith Starr Stephens Suttpn Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard (presiding) Barker Broun of 46th Carter Cleland Dean

Duncan Henderson Holley Holloway Langford

Parker Reynolds Skene Summers Thompson

On the passage of the bill, the ayes were 40, nays 0.

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

Senator Holley of the 22nd assumed the Chair.

HB 1593. By Mr. Buck of the 87th and others:
A bill to provide that any county or municipal corporation presently or hereafter operating a public golf course and offering for retail sale food or drink as an incident thereto, may, in its discretion, also sell at retail as an incident to the operation of such golf course, malt beverages.

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, who was presiding, ordered a roll call, and the vote was as follows:

1452

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Bell
Carter Coggin Coverdell
Cox Doss Duncan Eldridge Gillis
Hamilton Herndon

Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore

Overby Riley Salter Starr Stephens Tysinger Ward Wasden Young Zipperer

Those voting in the negative were Senators:

Ballard Brown of 47th Fincher Langford

Rowan Smalley Smith

Sutton Warren Webb

Those not voting were Senators:

Barker Broun of 46th Cleland Dean Garrard

Henderson Hill Holley (presiding) Holloway Parker

Reynolds Skene Summers Thompson

On the passage of the bill, the ayes were 32, nays 10.

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

The President resumed the Chair.

HB 1602. By Messrs. Gignilliat of the 105th, Triplett of the lllth, Sweat of the 125th and others:
A bill to amend an Act known as the "Georgia Ports Authority Act", so as to remove the maximum rate of 5% per annum interest on the issuance of revenue bonds.

The Committee on Public Utilities and Transportation offered the following amendment:
Amend HB 1602 by renumbering Section 2 as Section 3, and by inserting following Section 1 a new Section 2, to read as follows:

MONDAY, FEBRUARY 18, 1974

1453

"Section 2. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law."

On the adoption of the amendment, the ayes were 29, nays 0, and the com mittee amendment was adopted.

Senator Riley of the 1st offered the following amendment:
Amend HB 1602 by adding after the word "language" on Page 2, line 3, a quotation mark (").
On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Pincher Gillis Hamilton Herndon

Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Those not voting were Senators :

Broun of 46th Cleland Duncan Garrard

Henderson Hill Johnson Skene

Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Sutton Tysinger Ward Warren Wasden Webb
Summers Thompson Young Zipperer

On the passage of the bill, the ayes were 44, nays 0.

1454

JOURNAL OP THE SENATE,

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 214. By Mr. Burruss of the 21st and others:
A bill to exempt from all ad valorem taxation for educational purposes levied by any county or independent school district the homestead of any resident of such county or independent school district who is 62 years of age or older and has an income not exceeding $6,000 per annum.

Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 214.

On the motion, the ayes were 34, nays 0; the motion prevailed, and the Senate substitute to HB 214 was insisted upon.

Senator Ballard of the 45th resumed the Chair.

The following general bills and resolution of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1452. By Mr. Wheeler of the 13th and others:
A bill to amend Code Chapter 88-10, relating to food service establish ments, so as to require all food service establishments to display on menus, or by other means, information concerning meats which contain additives or extenders.

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

On the passage of the bill, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

MONDAY, FEBRUARY 18, 1974

1455

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter Coggin Cox Dean Doss Eldridge Fincher Gillis Hamilton

Herndon Holley Holloway Howard Jackson Kennedy Kidd Langford London McDuffie McGill Overby

Parker Riley Rowan Salter Smalley Smith Starr Sutton Tysinger Warren Webb Zipperer

Voting in the negative was Senator Reynolds.

Those not voting were Senators:

Ballard (presiding) Broun of 46th Cleland Coverdell Duncan Garrard Henderson

Hill Hudgins Johnson Lester Moore Skene

Stephens Summers Thompson Ward Wasden Young

On the passage of the bill, the ayes were 36, nays 1.

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

HB 323. By Mr. Harris of the 8th: A bill to amend an Act providing retirement benefits for the clerks of the superior courts, so as to provide that certain service as a member of the armed forces of the U. S. during certain periods may be included in computing the required number of years of service to be eligible to receive retirement benefits.
The following fiscal letters, as required by law, were read by the Secretary:

1456

JOURNAL OF THE SENATE,

DEPARTMENT OF AUDITS
115 State Capitol Atlanta, Georgia 30334

January 18, 1973

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III

Chairman, House Retirement Committee

PROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning and Budget Officer

SUBJECT: Fiscal Note--House Bill 323

This bill amends the Clerks of the Superior Courts of Georgia Retirement Fund to allow credit for military service not to exceed four years.
It is not possible to give an estimate as to the cost involved in connection with this Bill, however, the last actuarial report indicated that it would take 35 years to fund the unfunded accrued liability of the System. This report also indicated that there are only 109 members of this retirement system. In view of the small number of people within the system and the current 35 years necessary to fund the present liability it would be an unsound practice to add this additional liability without any additional contributions to the System. It would probably be preferable to ascertain the current membership liability of additional service and have an actuary calculate this as well as future employees provisions and then raise the revenues of the Retirement Fund in accordance with the study. Should a system raise their number of years to fund the unfunded accrued liability to a higher level, there is a possibility of running into a cash flow problem sometime in the future.
/s/ Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, State Planning & Budget Officer

SUPERIOR COURT CLERK'S RETIREMENT FUND OF GEORGIA 219 North Third Avenue
Chatsworth, Georgia 30705
January 26, 1973

Hon. Thomas B. Buck, III House of Representatives State Capitol Atlanta, Georgia 30334

Dear Mr. Buck:

Re: HB 323

This will acknowledge receipt of your letter of January 23, 1973,

MONDAY, FEBRUARY 18, 1974

1457

enclosing copies of the above mentioned two bills, and requesting that we advise you as to the fiscal effect of these bills on the Retirement Fund.

HB 318 deals with salaries of the clerks of superior courts and its passage would not affect the actuarial soundness of the Retirement Fund.

We are unable to say what effect the passage of HB 323 would have upon the actuarial soundness of the Retirement Fund without having an actuarial study made, and we could not have this done in time to give you a report during the present session of the General Assembly. A similar bill was introduced two years ago, and at that time we contacted all of the clerks to determine the number with military service, and we found that more than fifty had military service. Giving an additional four years of credit to a clerk with military service would increase his benefits by $48.00 per month, and this could have an adverse effect on the fiscal condition of the Retirement Fund, but we cannot give you a definite opinion without an actuarial study.

If we can furnish you any additional information, please advise us.

Very truly yours,
/s/ F. R. Kendrick Secretary-Treasurer

Senator Coverdell of the 40th offered the following amendment:
Amend HB 323 by striking on Page 2, line 23, the period following the word "Congress" and inserting in lieu thereof the following:
", provided no service as a member of the armed forces of the United States shall be deemed as service as a clerk or as a deputy clerk of the superior court hereunder if such service has or will be used in the determination of any clerk's or deputy clerk's eligibility for retirement benefits or allowances from any other State or Federal retirement program, excluding social security."

On the adoption of the amendment, the ayes were 32, nays 3, and the amend ment was adopted.

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

On the passage of the bill, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Barker Bell Carter Coggin Coverdell Cox Dean Doss Fincher Garrard Hamilton Herndon Hill

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill

Moore Overby Parker Riley Rowan Starr Stephens Sutton Ward Wasden Webb Zipperer

Those voting in the negative were Senators:

Brown of 47th Eldridge

Reynolds Smith

Tysinger Warren

Those not voting were Senators:

Ballard (presiding) Broun of 46th Cleland Duncan

Gillis Henderson Salter Skene

Smalley Summers Thompson Young

On the passage of the bill, the ayes were 38, nays 6.

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

SR 375. By Senator Langford of the 51st:
A resolution authorizing the conveyance of a certain tract of Stateowned property.

The Committee on Public Utilities and Transportation offered the following substitute to SR 375:
A RESOLUTION
Authorizing the conveyance of a certain tract of State-owned prop erty; and for other purposes.
WHEREAS, the Western and Atlantic Railroad has abandoned a portion of its former right-of-way in Gordon County; and

MONDAY, FEBRUARY 18, 1974

1459

WHEREAS, the Calhoun Chemical and Coating Corporation desires to acquire a portion of that abandoned right-of-way for its corporate purposes; and

WHEREAS, that particular tract of State-owned property is more particularly described as follows:

"That portion of the former right-of-way of the Western and Atlantic Railroad located in Land Lot 60 of the 14th District, 3rd Section of Gordon County, Georgia not previously sold by the State under authority of HR 266-809 (Res. Act No. 8), approved April 7, 1969 (Ga. Laws 1969, p. 263) and the former right-of-way of the Western and Atlantic Railroad located in Land Lot 59 of the 14th District, 3rd Section of Gordon County, Georgia, such former rightsof-way of 66 feet in width having been abandoned for railroad purposes and so shown on Western and Atlantic Railroad Right of Way and Tract Map No. V2--39, on file with the State Properties Commission."

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, acting for and in behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tract of property subject to the follow ing conditions:

(1) that said tract of property be conveyed to Calhoun Chemical and Coating Corporation; and

(2) that the conveyance of said tract of property shall be approved by the State Properties Commission; and

(3) that the conveyance of said tract of property shall be upon such terms and conditions and for such consideration as may be mutually agreed upon by the Calhoun Chemical and Coating Corporation and the State Properties Commission.

On the adoption of the substitute, the ayes were 28, 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, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th

Carter Coggin Coverdell

Cox Dean Doss

1460
Eldridge Garrard Gillis Hamilton Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson

JOURNAL OP THE SENATE,

Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Smalley Smith Stephens Sutton Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Ballard (presiding) Broun of 46th Cleland Duncan

Fincher Henderson Skene Starr

Summers Thompson Young

On the adoption of the resolution, the ayes were 45, nays 0.

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

Senator Langford of the 51st moved that SR 375 be immediataly transmitted to the House.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SR 375 was immediately transmitted to the House.

HB 1315. By Mr. Bostick of the 123rd and others:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to change the provisions relative to retirement benefits for superior court clerks who are retired or may retire under the provisions of the Superior Court Clerks' Retirement Fund of Georgia.

The following fiscal note, as required by law, was read by the Secretary:

MONDAY, FEBRUARY 18, 1974

1461

DEPARTMENT OP AUDITS 115 State Capitol Atlanta, Georgia 30334

January 18, 1974

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note House Bill 1315

This bill increases the benefits under the Clerks of the Superior Court Retirement Fund by 20%. There are approximately 174 members of the System, both active and retirees, and the estimated cost of this bill would amount to $584,000. Under the present plan of this System the number of years to fund the unfunded accrued liability is nine years and it is estimated that this Bill would increase the number of years to fund the unfunded accrued liability to approximately seventeen years.

Based on the actuary's assumptions, the actuary indicates that this bill could be adopted without endangering the financial solvency of the fund.

/s/ Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, State Planning & 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, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter Coggin Cox Dean Doss

Eldridge Fincher Garrard Gillis Hamilton Herndon Hill Holloway

Hudgins Jackson Johnson Kennedy Kidd Langford Lester

1462
London McDuffie McGill Moore Overby Parker Reynolds

JOURNAL OF THE SENATE,

Rowan S alter Smalley Smith Starr Stephens

Sutton Ward Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Coverdell Howard

Tysinger

Warren

Those not voting were Senators:

Ballard (presiding) Broun of 46th Cleland Duncan

Henderson Holley Riley

Skene Summers Thompson

On the passage of the bill, the ayes were 42, nays 4.

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

HB 1429. By Messrs. Northcutt of the 68th and Wheeler of the 13th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia and providing for a retirement system for the sheriffs of Georgia, so as to provide options for the payment of retirement benefits; to provide for the selection of an option and the method and procedure for selection of an option by those who become eligible to receive retirement benefits from and after the effective date of this Act.

The following fiscal notes, as required by law, were read by the Secretary:
SHERIFFS' RETIREMENT FUND OF GEORGIA Griffin, Georgia 30223
February 11, 1974
Honorable Paul D. Coverdell, Chairman Senate Retirement Committee State Capitol Atlanta, Georgia
Dear Mr. Coverdell:
Re: FISCAL NOTE HB #1429
In accordance with requirements I am pleased to submit this Fiscal

MONDAY, FEBRUARY 18, 1974

1463

Note concerning the above legislation. This bill has been prepared and introduced for the Board of Commissioners of the Sheriffs' Retirement Fund.

Purpose of the bill: To amend the laws governing the Sheriffs' Retirement Fund of Georgia, to allow a retiring member to select op tional methods of payment for his benefits.

Section 1: Amending Section 18, of the now existing laws. Present provisions limit payment to the retired officer only and allow no provisions for a surviving widow. Payments are based on $12.50 per month for each full year of creditable service with a minimum of $50.00 per month and a maximum of $250.00 per month.

This legislation provides no increase in benefits, but allows the retiring member to provide for a surviving widow by taking a reduced amount of pension if he so desires.

Paragraph (a) : Option 1--Assigning the name option 1, to the benefits as presently provided.

Paragraph (b) : Option 2--Providing for a 100% Joint Life An nuity payable to retiree for his life, then to widow for her life, and stating the mortality table to be used for calculations.

Paragraph (c) : Option 3--Providing for a 50% Contingent Life Annuity payable to retiree for his life, then 50 % of benefits to surviving widow for her life, and stating the mortality table to be used for calculations.

Paragraph (d) : Limiting benefits of Options 2 & 3 only, to the wife of retiree at the time of retirement, not to any subsequent wife.

Paragraph (e) : Providing for deduction of dues for any service which is creditable but for which no dues have been paid.

Paragraph (f) : Provide for payment of a 'Widow's Pension' to any wife whose husband even though qualified for retirement in every re spect except for having made application, or having such application ap proved by the Board of Commissioners, dies, or becomes mentally incom petent to make such a choice. This will assume that the member would have chose Option 2, to provide the best benefit for his widow.

Paragraph (g) : To provide for the effective date of the act and to limit application of the choice of an option to retirees who qualify after that effective date.

Section 2: Amending Section 23, of the present laws governing the Sheriffs' Retirement Fund. This Section, in part, limits payment of any benefits to a retired member so long as he does not receive over $8,400.00, in total benefits, from all other retirement plans to which he may be entitled. In light of today's cost of living, this limitation could penalize

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a retired sheriff, who might be fortunate enough to have other retirement benefits not related at all to this Fund.

To keep this limitation in the law, could conceivably require a filing of a Statement of Income--each year--by all retirees.

SUMMARY: This proposed legislation will not actuarially affect the Fund in any way. The total benefits payable to any retiree are not changed, but the method of payment may be chosen by the retiree.

I would appreciate the opportunity of meeting with your committee --when you consider this legislation--to answer any questions.

Sincerely yours,
Flynt Langford, /si Flynt Langford,
Secretary-Treasurer Board of Commissioners, Sheriffs' Retirement Fund of Georgia

TOWERS, PERRIN, FORSTER & CROSBY, INC. 3400 Peachtree Road, N.E., Atlanta, Ga. 30326 Tel. 261-7820

January 23, 1974
Mr. Flynt Langford Secretary/Treasurer Sheriff's Retirement Fund of Georgia Post Office Box 56 Griffin, Georgia 30223

Dear Mr. Langford: RE: HOUSE BILL 1429

We have reviewed the proposed legislation--House Bill 1429--that you recently provided us.

This Bill provides for benefit options, the method for selecting op tions, and for an automatic option selection under certain circum stances. Additionally, the Bill removes limitations on benefits payable to members of this plan simply because they are receiving retirement benefits from some other plan or program.

In our opinion this legislation, if passed, would not adversely affect the actuarial soundness of the Sheriff's Retirement Fund of Georgia.
Sincerely,
/s/ Edward W. Maroni Edward W. Maroni, A.S.A. Principal

MONDAY, FEBRUARY 18, 1974

1465

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

On the passage of the bill, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Brown of 47th Carter Cleland Coggin Coverdell Cox Doss Eldridge Fincher Garrard Gillis Hamilton Herndon Hill

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Sutton Tysinger Ward Warren Young Zipperer

Those not voting were Senators:

Ballard (presiding) Barker Broun of 46th Dean

Duncan Henderson Skene Summers

Thompson Wasden Webb

On the passage of the bill, the ayes were 45, nays 0.

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

HB 1687. By Messrs. Burruss of the 21st, Busbee of the 114th, Dean of the 17th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the mini mum salaries of school bus drivers.

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

1466

JOURNAL OF THE SENATE,

On the passage of the bill, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton Herndon

Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker

Reynolds Riley Rowan Salter Smalley Smith Stephens Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard (presiding) Broun of 46th Duncan

Henderson Moore Skene

Starr Summers Thompson

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1457. By Mr. Murphy of the 18th and others: A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer".
The following fiscal note, as required by law, was read by the Secretary:

MONDAY, FEBRUARY 18, 1974

1467

PEACE OFFICERS' ANNUITY & BENEFIT FUND Griffin, Georgia 30223

January 24, 1974

Honorable Tom Buck, Chairman Retirement Committee House of Representatives State Capitol Atlanta, Georgia
Re: FISCAL NOTE HB #1457
Dear Mr. Buck:

In accordance with requirements, I am pleased to submit this note concerning the above legislation.

This bill was prepared and introduced for the Board of Com missioners of the Peace Officers' Fund.

Purpose of the bill--To amend the laws governing the Peace Of ficers' Fund to include law enforcement employees of the State Revenue Department, Alcohol and Tobacco Tax Unit in the definition of 'peace officer'.
Section 1: Amends Section 8, by adding a sentence to include these employees of the Revenue Department. We do not believe that this change will add any additional persons to the Fund. Most of these people are or have been members of the Fund in this job because they were also required to be Deputy Sheriffs, in the counties in which they worked. State Re-organization and some other changes have affected their status with this Fund. This amendment will specifically make eligible for this Fund some people who were admitted to membership under other circumstances.
Actuarial Effect: We have been advised by the Alcohol and Tobacco Tax Unit that only new employees in that Unit will be added to the eligibility list since all older employees are already in the Fund who wish to be. We believe there will be no added actuarial costs.
I would appreciate the opportunity to meet with your Committee-- when you consider the legislation--to answer any questions.
Sincerely yours,
/s/ Flynt Langford, Secretary-Treasurer Board of Commissioners, Peace Officers' Annuity and Benefit Fund of Georgia

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, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Pincher Garrard Gillis Hamilton

Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie Overby Parker

Reynolds Rowan Smalley Smith Starr Stephens Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard (presiding) Broun of 46th Duncan Henderson

Holley McGill Moore Riley

S alter Skene Summers Thompson

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.

HB 1458. By Mr. Murphy of the 18th and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide that in the event a member, with a wife then living, is unable to choose an option payment and complete an application because of death, mental incompetency or other providential cause, option two shall become effective.

The following fiscal note, as required by law, was read by the Secretary:

MONDAY, FEBRUARY 18, 1974

1469

PEACE OFFICERS' ANNUITY & BENEFIT FUND Griffin, Georgia 30223

January 25, 1974

Honorable Tom Buck, Chairman Retirement Committee House of Representatives State Capitol Atlanta, Georgia

Dear Mr. Buck:

Re: FISCAL NOTE HB #1458

In accordance with requirements, I am pleased to submit this note concerning the above legislation.
This Bill was prepared and introduced for the Board of Com missioners of the Peace Officers' Annuity and Benefit Fund.
Purpose of the bill--To amend the laws governing the Peace Of ficers' Fund to provide for a continuing pension for a surviving widow in the event that a member who is eligible, in every respect, for retire ment benefits, except for making formal application for such benefits, should die, or become incompetent to make a choice of a retirement option.
Section 1: Amends Section 11, dealing with Retirement Benefits, by amending subsection (a). This amendment provides that if such eligible retiree is unable to select an Option, it will be assumed that he would have chosen the Option to provide the greatest benefit for his surviving widow, which would be Option 2.
Actuarial Effect: In as much as I know of only two cases where this might have been applicable, the cost of this provision to the Fund would be negligible.
I would appreciate the opportunity of meeting with your Com mittee--when you consider this legislation--to answer any questions.
Sincerely yours,
/s/ Flynt Langford, Secretary-Treasurer Board of Commissioners, Peace Officers' Annuity and Benefit Fund of Georgia

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland
Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton

Herndon Hill Holley Holloway Howard Jackson Kennedy Kidd Langford Lester
London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Sutton Tysinger Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Broun of 46th Duncan Henderson

Hudgins Johnson Skene

Summers Thompson Webb

On the passage of the bill, the ayes were 47, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering a Conference Committee Report thereto:

SB 16. By Senator Kidd of the 25th:
A bill to provide for the regulation of the establishment of long term health care facilities; to provide for a short title; to provide for the creation of the Long Term Health Care Reviewing Board and for its powers and duties.

The Conference Committee Report was as follows:
Mr. President: Mr. Speaker:
Your Conference Committee on SB 16 has met and submits the following recommendation:

MONDAY, FEBRUARY 18, 1974

1471

That the Senate and House recede from their respective positions and that the attached Substitute to SB 16 be adopted.

FOR THE SENATE
/s/ Culver Kidd Senator, 25th District
/s/ Maylon K. London Senator, 50th District
/s/ E. M. McDuffie Senator, 19th District

Respectfully submitted,
FOR THE HOUSE
/s/ Clayton Brown, Jr. Representative, 67th District
/s/ Denmark Groover, Jr. Representative, 75th District
/s/ James W. Keyton Representative, 121st District

Conference Committee Substitute to SB 16:
A BILL
To be entitled an Act to provide for the regulation of the establish ment of long-term health care facilities; to provide for a short title; to provide for definitions; to provide for the creation of the Long-Term Health Care Advisory Council and for its powers and duties; to provide for certificates of need; to provide for the procedures, requirements and other matters relative to the foregoing; to provide for enforcement and penalties; to provide for severability; 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 "Long-Term Health Care Facility Act".
Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words and phrases shall have the meanings indicated below:
(a) "Council" means the Long-Term Health Care Facility Advisory Council, hereafter created.
(b) "Board" means the Board of Human Resources.
(c) "Long-term health care facility" means any health care facility or institution, regardless of the type of health care license under which such facility or institution operates, if such health care facility or institution is engaged in or otherwise providing:
(1) Care for persons who because of physical or mental conditions, or both, require or desire living accommodations and care which, as a practical matter, can best be made available to them through institution-

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al facilities, providing a protective or supervised environment other than acute care units of hospitals, physical medicine--rehabilitation hospitals or rehabilitation units within hospitals, and psychiatric hos pitals or psychiatric units within hospitals, and

(2) Care for persons and patients who require a combination of health care services and personal care services which are in addition to the above and may include, but are not necessarily restricted to, one or more of the following care services:

(i) Therapeutic diets,

(ii) Regular observation of the patient's physical and mental con dition,

(iii) Personal assistance including bathing, dressing, grooming, ambulation, transportation and housekeeping,

(iv) An organized program of social and recreational activities,

(v) Assistance with self-administered medications,

(vi) Emergency-medical care including bedside nursing during tem porary periods of illness,

(vii) Professional nursing supervision,

(viii) Skilled nursing care as further defined by the Social Security Act Amendments of 1971, Title XIX of the Social Security Act as amended, 45 CFR Sec. 249.10 (b) (4),

(ix) Medical care and services by a licensed practitioner,

(x) Other special medical and social care services for diagnostic and treatment purposes of rehabilitative, restorative, or maintenance nature, designed to restore or maintain the person in the most normal physical and social condition attainable.

(d) "Expansion" means increasing the bed capacity of a long-term health care facility and does not include making improvements in a long-term health care facility when such improvements do not increase bed capacity.

(e) "Conversion or conforming" means making the necessary physical, administrative, personnel or other changes in an existing facility to cause the facility, or any portion thereof, to become a longterm health care facility.

Section 3. Long-Term Health Care Facility Advisory Council, (a) There is hereby created the Long-Term Health Care Facility Advisory Council which shall consist of nine members as hereinafter provided:

MONDAY, FEBRUARY 18, 1974

1473

(1) One member shall be appointed by the Governor from a list of three names submitted to him by the Georgia Hospital Association.

(2) Four members shall be appointed by the Governor from the public at large.

(3) Four members shall be appointed by the Governor from a list of names, three names for each seat, submitted to him by the Georgia Nursing Home Association.

(b) (1) The Governor shall appoint the initial member from the list submitted by the Georgia Hospital Association to serve a term of two years. Successors to this initial appointee shall all be appointed by the Governor for terms of four years.

(2) The terms of the appointees by the Governor from the public at large shall be for four years, commencing April 1; however, half the initial appointments shall be for two-year terms. Successors to these initial appointees shall all be appointed for terms of four years.

(3) The Governor shall appoint the remaining four members so that one shall serve for an initial term of four years, one shall serve for an initial term of three years, one shall serve for an initial term of two years, and one shall serve for an initial term of one year. Successors to these initial appointees shall all be appointed by the Governor for terms of four years.

(4) The initial term of all appointees shall commence April 1, 1974.

(5) No individual may be appointed to or serve on said Council for more than four consecutive years unless a period of four years has elapsed since a previous service on the Council, if his total previous service was for a period of two years or longer.

(c) The Council shall elect from its own membership a Chairman, Vice Chairman, and Secretary. Said officers shall be elected annually by the Council by a majority vote of its full membership. No person may serve as Chairman for more than one year. The first meeting for the election of officers shall be held during April, 1974. Thereafter, officers shall be elected at the first meeting of the Council held during April of each year, and a meeting shall be held during that month each year for the purpose of electing officers. Six members shall constitute a quorum for the transaction of business with a majority of those present being required for affirmative action. The Council shall hold at least six meetings during each calendar year and shall also meet on the call of the Chairman or the call of a majority of the members of the Council by petitioning the Chairman, in writing, for such meeting, at least ten days prior to the call, which shall give ten days' notice of the meeting itself.

(d) The Council shall be an agency of the Department of Human Resources and its administrative functions shall be carried out by and

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JOURNAL OF THE SENATE,

through the staff of said department. Members of the Council shall not be compensated for service as such members but shall be reimbursed actual and necessary expenses incurred by them in carrying out their official duties.

Section 4. Powers and Duties of the Council, (a) The Counsel shall have the power and duty to determine the need for the appropriateness of and make recommendations to the Board for:

(1) The construction of new long-term health care facilities,

(2) The expansion of existing long-term health care facilities; and

(3) The conversion or conforming of existing facilities into facili ties as long-term health care facilities.

(b) In carrying out the foregoing powers and duties, the Council shall be authorized to adopt and promulgate such rules and regulations as the Board deems necessary including rules and regulations governing the application for and the consideration of certificates of need as here inafter provided. All such rules and regulations of the Council shall be subject to the provisions of Code Section 88-307, relative to rules and regulations of the Department of Human Resources.

(c) There shall be no proxy voting in the Council.

Section 5. Certificates of Need, (a) Every person, partnership, corporation or other entity and every county, municipality, and state agency, or other political subdivision of this State desiring to construct a new long-term health care facility, expand an existing long-term health care facility or convert or conform an existing facility for licensure as long-term health care facility shall make application to the Board for a Certificate of Need for such facility. Such application shall be in such form and accompanied by such information, including but not limited to, financial statements, a complete list of stockholders, partners and owners as the Board shall prescribe by rules and regula tions. Each such application shall also be accompanied by a fee of $250.00. A site which has been previously denied a Certificate of Need shall not be the subject of a new application until a period of one year has passed from the date of said denial. Within 75 days after the receipt of any such application, the Council shall cause a thorough investigation to be made of the need for the long-term health care facility; shall obtain and take into consideration the findings and recommendations of any approved area health planning agency involv ing the site in question (unless said planning agency has failed to act within a period of sixty days after receiving notice of said proposed long-term health care facility), and shall hold a public hearing at a scheduled council meeting on the subject in order to make a determina tion relative thereto. Not less than 30 days prior to the date of said hearing, the Council shall notify such parties it deems to have interest in the matter. Said prior notice shall include all existing licensed longterm health care facilities within a radius of 25 miles of the site for
which application is made.

MONDAY, FEBRUARY 18, 1974

1475

After the aforesaid investigation and hearing, the Council shall make its determination, which may be to recommend approval/denial, or to defer its decision until not later than the following council meeting at which time a final determination must be made.
(b) The investigation and public hearing made pursuant to an application for a Certificate of Need shall include:
(1) A determination of the adequacy of existing long-term health care facilities in the locality affected,
(2) A determination of the availability of long-term health care facilities which may serve as alternatives to or substitutes for the proposed facility,
(3) A determination of the adequacy of financial resources for the establishment and operation of the proposed facility,

(4) The availability of a licensed nursing home administrator and sufficient manpower to properly staff and operate the proposed facility, and

(5) Any other matter which the Council deems necessary and appropriate for its reasonable consideration of the application.

Section 6. Requirements or Issuance, (a) No Certificate of Need shall be recommended by the Council unless, after investigation, it makes a finding that the action proposed in the application for such Certificate of Need is necessary and desirable in order to provide the required long-term health care in the area to be served, that the proposed action can be economically accomplished and maintained, and will contribute to the orderly development of long-term health care services in the area.

(b) No Certificate of Need for the conversion or conforming of an existing facility for licensure as a long-term health care facility shall be recommended unless the application therefor contains provisions satisfactory to the Council that the facility, upon being licensed as a long-term health care facility, shall employ a licensed nursing home
administrator.

Section 7. Decision and Review, (a) Following the Council's recommendation, the Board at its next regular meeting shall render its decision and shall cause notice thereof in writing to be sent within seven days to the applicant and all registered parties at interest appear ing at the Council hearing and/or Board meeting. The notice shall also advise that an aggrieved party may appeal the decision by requesting a hearing before the Board of Human Resources, and the notice shall set forth the procedure for instituting such an appeal. If there is no appeal by an aggrieved party at interest within thirty days after a Council decision, then the appropriate Certificate of Need shall be issued by the Commissioner of Human Resources to a successful ap
plicant.

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(b) A final recommendation of the Long-Term Health Care Facility Advisory Council on an application for Certificate of Need shall be disturbed only by a vote of two-thirds of the Board members present. No action shall be effective unless a quorum is present. An aggrieved party may request a hearing before the Board of Human Resources to appeal the Board's decision by filing a request therefor with the Com missioner of Human Resources within twenty days after the notice of the decision has been postmarked. The appellant shall then be given a hearing before the Board of Human Resources no later than said Board's second regular meeting after filing appeal. Any decision ap pealed hereunder may be overturned only by a vote of two-thirds of the members of the Board of Human Resources present. A quorum must exist.
(c) After the Board renders its decision, the Commissioner of Human Resources shall within ten days send notice of the decision to the appellant, the applicant, and all long-term health care facilities within twenty-five miles of the proposed site. If there has been no appeal to the Courts within thirty days from the date said notice of decision has been mailed, then the Commissioner shall issue the ap propriate Certificate of Need to a successful applicant.

(d) An applicant or any party at interest, including any long-term health care facility within twenty-five miles of the proposed site who is aggrieved by the final decision of the Board of Human Resources, shall be entitled to judicial review thereof, in accordance with the pro visions of Code Section 88-305 relative to appeals from the final orders or action of the Department of Human Resources. Except as otherwise provided by this Act, the procedural requirements of Code Section 88-305 shall apply to appeals brought pursuant to the provisions of this Section.
Section 8. Assistance of Health Planning Agencies. The State Office of Comprehensive Health Planning, assisted by any approved areawide health planning agency functioning in the area affected by the application, shall assist and cooperate with the Council in making the recommendations as to whether a Certificate of Need shall be issued, in accordance with rules and regulations of the Council.

Section 9. Submission of Specifications for Facility. A Certificate of Need issued pursuant to the provisions of this Act Lhall be valid for a period of six months after issuance thereof, during which time the applicant shall submit to the Division of Physical Health of the Depart ment of Human Resources the plans and specifications for the longterm health care facility to be constructed, expanded or otherwise established. If such plans and specifications are not submitted within the time specified, then such Certificate shall be null and void. If plans and specifications are submitted within the specified time, the Division of Physical Health shall approve or disapprove such plans and specifica
tions within 45 days of the filing; or such plans and specifications shall be presumed to be approved as of the end of such 45-day period if no action thereon is taken by the Division of Physicial Health. The ap plicant must begin the construction, expansion, conversion or conforming
of the long-term health care facility within six months of the approval of the plans and specifications and must proceed to complete said

MONDAY, FEBRUARY 18, 1974

1477

facility within twelve months of the approval or the Certificate of Need shall be cancelled. The aforesaid limitation periods of six months, six months, and twelve months may be enlarged by the Council for up to an additional six months, six months, and twelve months in each period respectively, provided the applicant makes a special request therefor showing diligent effort and progress satisfactory to the Council.

Section 10. Enforcement and Penalties, (a) No person or persons, natural or artificial, may construct, expand, convert, conform or other wise establish or begin the establishment of a long-term health care facility without a Certificate of Need, as provided by this Act. Any such person who constructs, expands, converts, conforms, or otherwise establishes or begins the establishment of a long-term health care facility without first obtaining a Certificate of Need shall be denied a license to operate any long-term health care facility and if said facility operates after being denied a license, the person or persons involved, including all officers and directors of said facility, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as for a misdemeanor. When the Commissioner of Human Resources or his authorized agent or representative notifies in writing, by certified mail--return receipt, any person natural or otherwise, who has com menced, by any of the aforesaid methods, the establishment of a longterm health care facility in violation of this Act, to cease and desist, then each said day that such person or persons, and all officers and directors of the entity, continue with the establishment of such facility shall constitute a separate offense.

(b) In addition to the penalties provided by subsection (a) of this Section, the Department of Human Resources may institute appropriate proceedings for the purpose of enjoining a violation of the provisions of this Act in accordance with the provisions of Code Section 88-302.

Section 11. Immunity of Members, Officers, and Employees from Civil Action. No member, officer, or employee of any health planning body shall be subject to civil action in any court as the result of any act done or failure to act, or of any statement of opinion made, while discharging his duties under this Act as such member, officer, or employee, provided he acted in good faith with reasonable care and upon proper cause.
Section 12. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or un constitutional, 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 un constitutional 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.

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Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that the Conference Committee Report on SB 16 be adopted.

On the motion, the ayes were 32, nays 4; the motion prevailed, and the Conference Committee Report to SB 16 was adopted.

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

HR 230. By Messrs. Evans of the 80th and Atherton of the 19th:
A resolution proposing an amendment to the Constitution so as to ex pend and to authorize the General Assembly to increase or reduce the purposes for which revenue anticipation obligations may be issued by any political subdivision of this State.

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

HB 1696. By Mr. Carrell of the 71st:
A bill to amend an Act providing that buildings constructed with public funds shall be accessible to the physically handicapped, so as to change the provisions relative to elevators.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 1597. By Mr. Busbee of the 114th:
A bill to amend the Natural Resources Act of 1973, so as to authorize the State of Georgia to make grants, as funds are available; to au thorize the State of Georgia to enter into leases of real and personal property under certain circumstances.

MONDAY, FEBRUARY 18, 1974

1479

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Garrard Gillis Hamilton

Herndon Hill Holloway Howard Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Smith Starr Stephens Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Broun of 46th Duncan Pincher Henderson

Holley Hudgins Johnson Skene

Smalley Summers Thompson

On the passage of the bill, the ayes were 45, nays 0.

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

HB 1558. By Messrs. Dixon of the 126th, Hudson of the 115th and others:
A bill to add one additional judge of the superior courts for the Waycross Judicial Circuit of Georgia; to provide for the appointment of the first additional judge by the Governor.

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

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JOURNAL OP THE SENATE,

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Herndon Hill Holley Holloway Howard Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Riley Rowan Salter Starr Stephens Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Broun of 46th Cleland Gillis Henderson

Hudgins Johnson Reynolds Skene

Smalley Smith Summers Thompson

On the passage of the bill, the ayes were 44, nays 0.

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

HB 1591. By Messrs. Connell of the 80th and Floyd of the 5th:
A bill to amend an Act known as the "Georgia State Financing and In vestment Commission Act", so as to provide for reimbursement to the Commission for certain services; to authorize the use of investment income for the payment of operating expenses of the Commission.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

MONDAY, FEBRUARY 18, 1974

1481

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coggin Cox Doss Duncan Eldridge Pincher Garrard Hamilton Hill Holloway

Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Smith Starr Stephens Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Herndon.

Those not voting were Senators:

Broun of 46th Cleland Coverdell Dean

Gillis Henderson Holley Hudgins

Skene Smalley
Summers Thompson

On the passage of the bill, the ayes were 43, nays 1.

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

HB 1751. By Messrs. Williams of the 9th and Pinkston of the 89th:
A bill to comprehensively and exhaustively revise, classify, consolidate, modernize and supersede the present laws relating to banks and banking (except for portions thereof dealing with branch banking and bank holding companies), banks and trust companies, credit unions, sale of checks, international banking corporations and bank agencies, business development corporations, building and loan associations, savings and loan associations, and similar entities.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

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JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

Ballard Barker Bell Carter Coggin Coverdell Cox Dean Eldridge Pincher Garrard Gillis Hamilton Herndon

Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore

Overby Reynolds Riley Rowan Salter Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Brown of 47th Doss

Smalley Smith

Stephens

Those not voting were Senators:

Broun of 46th Cleland Duncan Henderson

Hudgins Parker Skene

Starr Summers Thompson

On the passage of the bill, the ayes were 41, nays 5.

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

The following standing committee report was read by the Secretary:

Senator London of the 50th District, 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 Chairman, to report the same back to the Senate with the following recommendation:
SR 397. Do pass.
Respectfully submitted, London of 50th District, Chairman.

MONDAY, FEBRUARY 18, 1974

1483

The following resolution of the Senate, favorably reported by the committee, was put upon its adoption:

SR 397. By Senators London of the 50th and Holley of the 22nd: A resolution amending the Rules of the Senate.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coverdell Cox Doss Eldridge Fincher Garrard Gillis Hamilton Herndon Hill

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Reynolds Riley Rowan Salter Smalley Smith Stephens Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Broun of 46th Cleland Coggin Dean

Duncan Henderson Parker Skene

Starr Summers Thompson

On the adoption of the resolution, the ayes were 45, nays 0.

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:

1484

JOURNAL OF THE SENATE,

HB 1032. By Mr. Harris of the 51st:
A bill to amend Code Title 67, relating to mortgages, conveyances to secure debt and lien, so as to change the provisions relating to fore closure of mortgages on personalty.

The Committee on Special Judiciary offered the following substitute to HB 1032:
A BILL
To be entitled an Act to amend Code Title 67, relating to mortgages, conveyances to secure debt, and lien, as amended, so as to change the provisions relating to foreclosure of mortgages on personalty; to pro vide that certain persons holding security interest on personal property shall be authorized to foreclose the same and shall be entitled to an ex ecution commanding the sale of the secured property; to provide for the practices and procedures in connection therewith; to provide for costs; to provide for applications for foreclosure decrees; to provide for the service of summons; to provide for answers; to provide for trials; to provide for certain payments into the registry of certain courts; to provide that the debtor may retain possession of the property in certain cases; to provide for payments from the registry of the court; to provide that defendants shall not transfer, convey, remove, conceal or hide certain secured property or goods without posting bond; to provide for judgments by default; to provide for judgments and their satisfaction; to provide for appeals; to provide for executions and levies; to provide for bonds; to repeal Code Chapter 67-8, relating to defenses to foreclosure of mortgages on personalty; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 67, relating to mortgages, conveyances to secure debt, and liens, is hereby amended by striking Code Chapter 67-7, relating to the manner of foreclosure of mortgages on personalty in its entirety and inserting in lieu thereof a new Code Chapter 67-7 to read as follows:
"Chapter 67-7. Foreclosure of Mortgages on Personalty; Application to Foreclosure.
67-701. Authority to Foreclose; Execution; Sale. Any person holding a security interest on personal property under a transaction governed by this Code and wishing to foreclose the same shall be authorized to foreclose the same and shall be entitled to an execu tion directed to all and singular the sheriffs, marshals or their law ful deputies commanding the sale of the secured property to satisfy the amount due from the debtor, together with the costs of the proceedings to foreclose the said security interest in accordance with the procedure specified in this Chapter.

MONDAY, FEBRUARY 18, 1974

1485

67-702. Petition for Writ of Possession. Upon statement of the facts under oath, any person holding a security interest on personal property and wishing to foreclose the same may petition, either in person or by his agent or attorney in fact or at law, for a writ of possession before any judge of the superior court, or any justice of the peace, or any judge of any other court having jurisdiction over such proceedings, or any clerk of any such court within the county where the debtor may reside or where the secured property may be found.

67-703. Summons to Be Served on Defendant. When the peti tion provided for in Section 67-702 shall be made, the judge, justice or clerk before whom it was made shall grant and issue a summons to the sheriff, or his deputy or marshal, or any lawful constable of the county where the debtor resides or the secured property may be found. Service shall be made by said officer delivering a copy of the summons attached to a copy of the petition to the defendant personally, or if said officer is unable to serve the defendant per sonally service may be had by delivering said summons and petition to any person sui juris residing on the premises or, after reason able effort if no such person is found residing on the premises, by tacking a copy of said summons and petition on the door of the premises and on the same day of such tacking, enclosing, directing, stamping and mailing by first class mail a copy of said summons and petition to the defendant at his last known address, if any, and making an entry of this action on the petition filed in said case. It shall be the obligation of the debtor to advise the secured creditor of any change of his address subsequent to the date of the granting of the security interest. The summons served on the defendant pur suant hereto shall command and require the defendant to appear at a hearing on a day certain fixed by such judge, justice or clerk not less than seven days from the date the summons was served.

67-704. Answer and Trial. At or before the time of hearing, the defendant may answer in writing. Also, the defendant may answer orally at the time of the hearing. It the answer is oral, the substance thereof shall be endorsed by the court on the petition. The answer may contain any legal or equitable defense or counter claim. If the defendant fails to answer, the court shall grant a writ of possession and, if otherwise permitted by this Chapter, the plain tiff shall be entitled to a verdict and judgment by default for all of the amount due, together with costs, in open court or chambers, as if every item and paragraph of the affidavit provided for in Sec tion 67-702 were supported, by proper evidence without the inter vention of a jury. If the defendant answers, a trial of any issue requiring trial shall be had in accordance with the procedure prescribed for civil actions in courts of record. The trial shall not be held before seven days have elapsed from the date of the hear ing. Every effort shall be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the secured property pending the final outcome of the litigation, provided that the defendant complies with the provisions of Section 67-705.

67-705. Payments into Court; Debtor to Retain Possession of

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Property. In any case, the defendant shall comply with the following provisions:

(a) Where the issue of whether or not the plaintiff has the right to foreclose cannot be finally determined at the hearing scheduled pursuant to Section 67-703, the defendant shall be re quired to pay into the registry of the trial court:

(1) all past due amounts admitted due for which there are no allegations of defenses or claims which, if proven, would offset said amounts alleged past due; and

(2) all amounts of unaccelerated payments which become due after the issuance of the summons as said amounts of payments become due; provided, however, that in lieu of such payments the defendant shall be allowed to submit a receipt to the court indicating that payment has been made to the secured creditor. In the event that the amount of the payments actually to become due is in controversy, the court shall determine the amount to be paid into the court in the same manner as provided in subsection (b) of this Section.

(b) If the plaintiff and defendant disagree as to the amounts actually to become due, the court shall determine said amounts at the hearing scheduled pursuant to Section 67-703. At such hearing the parties may submit to the court any evidence of the amounts actually to become due, including any security agreement and evidence of any claims or defenses arising out of the same trans action, for the purpose of establishing the actual amount of the payments to be paid into the registry of the court.

(c) After the date of service of the summons as provided in Section 67-703, the defendant shall not transfer, remove or convey the secured property without posting bond as provided in Section 67-708.

(d) If the defendant shall fail to comply with any provisions of Section 67-705 to the detriment of plaintiff, the court shall issue a writ of possession. Issuance of said writ of possession shall not affect the merits of said case but shall only affect the right to possession pending a final decision on the merits.

(e) The court shall order the clerk of the court to pay to the plaintiff the amounts paid into the registry of the court as the said payments are made; provided, however, that if the defendant claims that he is entitled to all or a part of said fund and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the plaintiff, without delay, only that portion of the funds to which the defendant has made no claim in the proceedings. That part of the fund which is a matter of con troversy in the litigation shall remain in the registry of the court until a final determination of the issues.

MONDAY, FEBRUARY 18, 1974

1487

67-706. Appeal. Any judgment by the court shall be appealable pursuant to Code Title 6 or any other applicable law. If the judg ment of the court awards possession of the secured property to the plaintiff and the defendant appeals this judgment, the defendant shall remain in possession of the secured property, provided that the defendant shall comply with all provisions of Section 67-705 until the issue has been finally determined on appeal.

67-707. Execution and Levy. Whenever a writ of possession is granted pursuant to a petition filed in accordance with Section 67-702, a levy may be made on the secured property by the sheriff, deputy, marshal, constable or a duly qualified levying officer of the court pursuant to such writ of possession. At the option of the plaintiff, the sheriff, deputy, marshal, constable or a duly qualified levying officer of the court shall either surrender the secured property to the plaintiff for retention or disposition in accordance with Article 9 ('Uniform Commercial Code--Secui'ed Transactions') of Title 109A of the Code of Georgia or advertise and sell the same as in the case of levy and sale under execution.

67-708. Bond. In all cases where the defendant may desire to transfer, remove or convey any of the secured property after service of summons and after having an opportunity to be heard, the de fendant shall post bond for the delivery of such property at the time and place of sale. Such bond shall be with good security for a sum equal to the value of such property or the amount of the alleged remaining balance, whichever is less. The value of such property shall be estimated by the judge, justice or clerk. Upon approval of such bond by the judge, justice or clerk, the defendant may transfer, remove or convey such property as may be approved by the judge, justice or clerk."

Section 2. Said Code Title 67 is further amended by striking Code Chapter 67-8, relating to defenses of foreclosure of mortgages on per sonalty in its entirety.

Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other 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 de clares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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.

1488

JOURNAL OF THE SENATE,

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson

Hill Holley Holloway Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Reynolds

Riley Rowan Salter Smalley Smith Starr Stephens Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators :

Broun of 46th Cleland Duncan Herndon

Howard Hudgins Parker

Skene Summers Thompson

On the passage of the bill, the ayes were 46, 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 consider ing a Conference Committee Report thereto:

MONDAY, FEBRUARY 18, 1974

1489

HB 1376. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 6th and Burruss of the 21st:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1974, in addition to any other ap propriations heretofore or hereafter made for the operation of the departments and agencies of the State provided for herein and the purposes provided for herein.

The Conference Committee Report was as follows:

The Conference Committee on HB 1376 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1376 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Frank E. Coggin Frank E. Coggin Senator, 35th District
/s/ Hugh M. Gillis, Sr. Hugh M. Gillis, Sr. Senator, 20th District
/s/ R. Eugene Holley R. Eugene Holley Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ James H. "Sloppy" Floyd James H. "Sloppy" Floyd Representative, 5th District
/s/ George D. Busbee George D. Busbee Representative, 114th District
/s/ Joe Frank Harris Joe Frank Harris Representative, 8th District

Conference Committee Substitute to HB 1376:
A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal year 1973-74, known as the "General Appropriations Act", ap proved April 19, 1973 (Ga. Laws 1973, p. 1353), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1974; to make language and other changes; to provide an effective date; to repeal conflicting laws; and other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing appropriations for the fiscal year 1973-74, known as the "General Appropriations Act", approved April 19, 1973 (Ga. Laws 1973, p. 1353), is hereby amended by changing the revenue estimate so that it now shall be $1,504,000,000, and by striking the following:

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JOURNAL OF THE SENATE,

"PART I.

LEGISLATIVE BRANCH",

and Sections 1 through 42, and inserting in lieu thereof the following:

"PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch.

A. Operations ............................................................ ^ 6,493,000

B. For election blanks and other election expenses, including publishing constitutional amendments ___.. - $

175,000

C. For all cost of Georgia Official and Statistical Register ............. ....... ........ ....... ........$

95,000

For compensation, expenses, mileage, allowances, air travel expense and benefits for members of the Gen eral 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 Representa tives ; for membership in the Council of State Govern ments, National Conference of Commissioners on Uni form State Laws; National Conference of Legislative Leaders, Conference of Insurance Legislators, and Marine Fisheries Compact; for equipment, supplies, re pairs, printing and other incidental expenses for the Legislative Branch; for the necessary cost of renovat ing and repairing the housing and other facilities for the Legislative Branch; for cost of compiling, pub lishing and distributing the Acts and Journals of the General Assembly; for the annual report of the State Auditor to the General Assembly; and for cost of Legislative Services Committee, Office of Legislative Counsel, and Legislative Budget Analyst, as authorized by law.

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 expendi ture of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Commit tee shall also make a detailed study of all items and programs which are paid for from funds appropriated

MONDAY, FEBRUARY 18, 1974

1491

to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other ap propriations.

Section 2. Department of Audits.

A. Operations--Audits ___________.___________....___.__________________$

B. Operations--Tax Ratio Study _____

____$

1,632,600 350,000

Section 3. Educational Improvement Council. Operations ___________________--________._--_________________ .........$

68,558

PART II.

JUDICIAL BRANCH

Section 4. Supreme Court.

Operations _

..

_

$ 871,981

For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contribu tions and for the Emeritus Judges of the Court. Pro vided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorney's fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., pp. 478-479.

Section 5. Superior Courts. Operations ......... . _________ ______

.__.______.. ......$ 6,014,658

For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowances authorized by law, the payment of mileage authorized by law, the payment of travel, tuition and expenses of Judges authorized to at tend the National College of State Trial Judges, and such other salaries and expenses as may be authorized by law.

For payment of salaries, contingent expense allow ances, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus.

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JOURNAL OF THE SENATE,

Provided, however, that the listed appropriation shall be increased by the amount of $13,334 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $6,000 per annum for each additional District Attorney Emeritus position established during the fiscal year.

Provided, further, that the listed appropriation shall be increased by the amount of $30,000 per annum for each judgment created by law during the 1973 ses sion of the General Assembly.

Section 6. Court of Appeals. Operations - .._._________.....______._____._-...._______._._....______________-.$

Changed Objects:
Personal Services .............. ........... .................. $ Operating Expenses ......... ....._........ .........$

For the cost of operating the State Court of Ap peals, including salaries and retirement contributions of judges and employees of the Court and for the Emeri tus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional position estabIshed during the fiscal year.

Section 7. Administrative Office of the Court. Operations ................ ..................... ............ ......_...$

Changed Objects:
Personal Services ....._._.._..._... ......_._._____..._._.........._..$ Operating Expenses .................. ......_._._.............$

For the cost of operating the Administrative Office of the Court.

Section 8. Court Reports. Operations ................._.........._._...... . ._...__._........_......_....__.$

Changed Object: Operating Expenses . ...._...._.............___.____._._. $

For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.

Section 9. Judicial Qualifications Commission.

Operations .

.. .._.___..__.__........_._.__.__..._._.__._..$

952,844 897,644
55,200
75,000 54,700 20,300
37,000 37,000
3,000

MONDAY, FEBRUARY 18, 1974

Changed Object: Operating Expenses ....----.......

............... $

For the cost of operating the Judicial Qualifications Commission.

1493 3,000

PART III.

EXECUTIVE BRANCH

Section 10. Department of Administrative Services.

A. Operations . ................ ..._..._.._._._._............._._....$ 3,754,488

Changed Objects:

Personal Services ........... ............... ............ $

Operating Expenses .. ............ . ........... ....$

Telephone Billings

..

.$

9,952,536 9,780,822 4,084,668

B. Capital Outlay ........... ..................... ............$ 182,500

Changed Object: Capital Outlay ......... --.... ........... ...?

182,500

Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed to prepare a Capitol Hill Development Plan.

C. Authority Lease Rentals ... ........... . .... ..$ 3,112,753

Changed Object: Authority Lease Rentals .

...........

.. $ 3,112,753

D. General Obligation Debt Sinking Fund

$ 240,000

Changed Object: General Obligation Debt Sinking Fund ..... . ... $

240,000

Provided, that from the above appropriated amount for General Obligation Debt Sinking Fund, $240,000 is specifically appropriated for the purpose of financing' the construction and equipping of a multi-level movable parking structure in the Capitol Hill area of Atlanta, Georgia, through the issuance of not to exceed $2,750,000 in principal amount of General Obligation Debt.

E. Workmen's Compensation Fund ......... $ 700,000

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JOURNAL OF THE SENATE,

Changed Object: Workmen's Compensation Fund ______._______.._______.$

831,583

Section 11. Department of Agriculture.

A. Operations .......................................................^...^ 11,222,100

Changed Objects:
Personal Services _._.. .._... _____________ ........ _________.$ Operating Expense .___._....._......_........_... ________.________$

8,927,946 3,740,000

B. Authority Lease Rentals ________._____________________$ 945,000

Changed Object: Authority Lease Rentals ..... ..._._........ . ........ ...$
C. Indemnities ............... ...... ..... ______ _____________ $

945,000 65,000

Changed Object: Indemnities ______ ........._............_. ______ _____ __________$

65,000

D. Fire Ant Eradication ..........................................^
Changed Object: Fire Ant Eradication ____ ..................................^

1,500,000 1,500,000

E. Capital Outlay _____..________._.____________________.___$ 2,830,000
Changed Object: Capital Outlay ______ _____ ....... .......---...--..$ 2,830,000

if. Agrirama _ _____________________ _____.._______.._______.________$ 605,588

Changed Objects:
Personal Services .. ....._.. ....................... ........^ Operating Expenses ..... ....... ________ ...._..... ._____$ Capital Outlay _ .......... .................................... ...^

75,000 50,000 480,588

Provided, that of the above appropriation relating to operating expenses, $75,000 is designated and com mitted for a research contract with Georgia Institute of Technology for development of automated equipment for loading turkeys and waste utilization.

Provided, that of the above appropriation relating to Capital Outlay, $2,755,000 is designated and commit-

MONDAY, FEBRUARY 18, 1974

1495

ted to construct a farmers' market at Macon, Geor gia.

Section 12. Department of Banking and Finance.

Operations

.

$

1,136,550

Changed Objects:
Personal Services ...__..._.........._..___............._...... $ Operating Expenses ._._._... ..._...._._..._._... ................^

902,450 234,100

Section 13. Department of Community Develop ment.
Operations --____ ........_._._._....._...______._.....__._.___.......___.._.$

11,705,219

Changed Objects:
Personal Services _________ ... ________________ ____________ _____$ Operating Expenses--Regular _____________ .__________$ Advertising __..........._.._._...._.._.._......... ________________$ Operating Expense--World Congress Center ___ $ Capital Outlay _______ .___________________.._________.$ Outstanding Authority Lease Rentals _____ . .... $ State of Georgia General Obligation Debt Sink
ing Fund/New Authority Lease Rentals ___ $

2,244,038 1,511,320
750,000 100,000 210,000 2,000,000
3,893,478

Grants:

APDC Grants _____ ....... ........ _____ ... $

HUD--701 Planning Grants ....... . ... ______$

LEAA Action Local .... . ...

______ ...... $

LEAA Action State .. .... . . ......... ....... .....$

LEAA Discretionary .... ........ ......... .......$

LEAA Planning _______ _______ _______ _______ __ $

Impact Cities _______ ....

_____ _ _ .... $

SEADOC ._ ________ ..... ______ ...... . ... $

1,157,000 1,300,000 14,584,261 5,106,957 1,134,976
579,675 10,000,000
133,000

Provided, that from the above appropriated amount $3,043,478 is specifically appropriated for the purpose of financing the construction and equipping of the pro posed World Congress Center in the City of Atlanta through the issuance of not to exceed $35,000,000 in principal amount of general obligation debt or through the issuance of not to exceed $35,000,000 in principal amount of bonds by the Georgia Building Authority. Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said undertaking, said amount shall be ap propriated to the 'State of Georgia General Obligation Debt Sinking Fund'. Should said Commission determine that said undertaking be financed through the issuance of bonds by the Georgia Building Authority, and amount shall be appropriated to the Department of

1496

JOURNAL OF THE SENATE,

Community Development and used for the purpose of paying lease rentals.

Provided, however, no portion of the authority lease rental funds for the World Congress Center herein authorized, to-wit: $3,043,478 shall be committed or ex panded prior to October 1, 1973. In the event at that time a World Congress Center building of substantially the type contemplated by the criteria, except as to site, which already has been set by the Executive Board of the Georgia World Congress Center, in the opinion of a majority of the State Properties Control Commission as demonstrated by evidence of ability to do so, can be financed by sources other than State funds or by funds guaranteed by the State, then this sum shall be lapsed. Provided, however, the $200,000 operating expense hereinabove appropriated, or a portion thereof, may be ex pended for preliminary planning in the interim. The final decision of a majority of the members of the State Properties Control Commission with respect to the laps ing of funds as herein authorized and the adequacy of financing by other sources, shall be made on or before October 1, 1973. This provision shall not be construed as affecting any decision of the Executive Board of the Georgia World Congress Center heretofore made and such decisions are hereby ratified and confirmed and will be carried out as made if the above funds do not lapse for the reasons hereinabove provided.

Provided, that of the above appropriation, $850,000 is designated and committed to pay rentals to the Georgia Ports Authority to permit the issuance of bonds to finance the completion of construction of a containerization facility and a public warehouse distribution center all located at the Authority's Garden City Termi nal, Savannah, Georgia, and to permit the repayment of temporary loans incurred in connection with these projects.

For general administrative cost of operating the Department of Community Development, including ad vertising expense and Grants for Area Planning and Development Commissions. For general administrative cost of operating the State Crime Commission office, including the State 'buy-in' for Law Enforcement Assistance Agency grants to local governmental units.

Section 14. Office of Comptroller General. Operations ....... ............_........_._......_..... ...._...._..._..$

2,572,450

Changed Objects:
Personal Services ... . . .. .................._._............$ Operating Expenses ................. ................__._..._...$

2,125,350 469,300

MONDAY, FEBRUARY 18, 1974

1497

Section 15. Department of Defense.

A. Operations ......---------------------------$ 1,469,450

Changed Objects:
Personal Services .......... ...................... .__..__._._...$ Operating Expenses ...... ........._._._....._................. $

1,939,975 561,500

Grants:
National Guard -------- ................. . .... $ Georgia Military Institute .................... .......$

200,000 16,000

B. Capital Outlay .................................... ..... ..$ 737,461

Changed Object: Capital Outlay ...............

. ...............$

976,461

Provided, that of the above appropriation, $34,461 is designated and committed for the construction of motor vehicle storage facilities at the Rome National Guard Unit.

Section 16. State Board of Education-- Department of Education.
A. Operations. ...............................................

$ 534,300,770.97

Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly.

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 be the pro rata part of the cost of employer con tributions to the Teachers' Retirement System applicable to such salary.

Provided, that the amount of $7,000,000 in Grants to Local School Systems for supplemental instructors and aides shall be used to provide assistance in the elementary grades in the form of additional 'noncertificated personnel' to assist classroom teachers in providing intensive instruction and training in order to enable all students to achieve in the various subject matter areas in accordance with their potential and

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abilities. Such personnel shall be made available to
assist the classroom teachers. Such personnel shall be made available to Local School Systems within the limits of funds available by the State Department of Edu cation on the basis of applications by the Local School Systems and a determination of critical need by the Local School Systems and the State Department of Education.

Provided, that independent school systems shall be eligible to participate in the 'minibuses' transporta tion program for Special Education Students.

B. Construction:

Authority Lease Rental Payments to Georgia Education Authority (Schools) ._......... ...._............... .____.........__._..$
Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) _...____.__._._..._._______.._______.$
Grants Direct to School Systems for Capital Outlay Purposes-- Bond Retirement ...... ....... ........ ....... ._..___.__...$
Grants to School Systems for Capital Outlay Purposes-- Direct Financing ... ...... ..... ....... .......... ....$
Capital Outlay ........ _.___. ..... ....... . ....... ....$

460,669
26,843,088 624,243
23,000,000 3,100,000

Provided, that of the above appropriation, relative to construction, $23,000,000 is designated and committed for distribution to local systems on a formula to be promulgated by the State Board of Education based on current increased average daily attendance, surveyed projected growth, outstanding local effort of local systems, age and condition of existing school buildings, and such other criteria by the Board to insure that classroom need is the basis of distribution.

Provided, that of the above appropriation, relative to operations, $50,000 is designated and committed for the Professional Practices Commission.

Changed Objects:
Personal Services ..... .......... ....... . ........... ........_._$ 16,373,077 Operating Expenses .............. .._.._.........._.........$ 7,682,355

Capital Outlay: Capital Outlay (Regular) .... ........... .._._._._.._......$ 3,100,000

MONDAY, FEBRUARY 18, 1974

1499

Grants to School Systems For Capital Outlay Purposes

$ 23,000,000

Authority Lease Rentals: Authority Lease Rentals (Regular) _______ .___ $ Grants to School Systems for ALR Payments to Georgia Education Authority ............ ........................$ Grants Direct to School Systems for Capital Outlay Purposes ___________ .............$

460,669
26,843,088 624,243

MFPE Grants

Teacher Salaries (Section 11) __________ _______._____.$ 263,608,947

Salaries of Other Certificated

Professional Personnel (Section 12) ____________ $ 45,858,143

Special Education Teachers

(Section 20) __________ __ .. _________________________________$ 28,157,603

Maintenance, Operations and

Sick Leave--

............... ............_.._..$ 48,053,461

Travel ______ ............ .

.

$ 1,004,469

Isolated Schools................

.... ... ........$

55,883

Mid-Term Adjustment ............................................if -0-

Pupil-Transportation

..... _____._______$ 22,800,965

Instructional Media _______________________________________ _______$ 9,265,287

Non-MFPE Grants:

Teacher Retirement __

.......$

Cooperative Educational Services

Across County Lines _ _____________________________________ $

Superintendents' Salaries .......................... . _ $

Instructional Assistance ________

$

Enrichment Equalization

...............$

Driver Education

___________________________$

Early Childhood Services ......... __________________$

High School Program ...... ______________.____._______.$

Teacher Training and Research .. . ___

$

Local Administration and Supervision .... ._._...$

Work Study

.. .................................... $

Adult and Post-Secondary _______

$

Adult Basic Education _

......$

Area Vocational-Technical Schools . . . ... $

Manpower Development and Training

$

Instructional Services for Handicapped . . $

Preparation of Professional

Personnel for Education of

Handicapped

............. _____________ $

Educational Training Services

for the Mentally Retarded _______________$

Tuition for Multi-Handicapped

. .___________.$

Severely Emotionally Disturbed

_ ..........$

Education of Children from

Low-Income Families _ .__ _.. _____

_ ...$

Strengthening Instruction in Critical Subjects

............$

29,158,744
2,530,000 2,795,410 7,000,000
-0375,000 -018,663,395 850,000 273,761 103,000
39,000 2,461,000 27,535,493 3,160,000
750,000
104,000
200,000
522,000
2,988,000
41,255,252
1,544,000

1500

JOURNAL OF THE SENATE,

School Library Resources and other Materials ...._ $

Summer Library Supervisory Program __ .. _______ $

Educational Television ---.______._.___________.___________.$

Preschool Training for the Handicapped ____________ $

Psychological Services __________ _________ ____ __________ -_______$

Guidance, Counseling and Testing ______ .... ________________$

School Lunch ______._. .________._________.___________________.____$

Supervising Teachers ______ __________________ ________________$

Supplementary Education Centers

and Services ........ ___________ ........_.......... ... $

Teachers' Scholarships _____ __________ ____________ _._____$

In-Service Grants .. ____________ ____________ ______________________ $

Research and Demonstration . ......... ___________________$

Salaries and Travel of Public Librarians ... ________$

Public Library Service and Materials _____________ $

Public Library Construction

_____

._.____.___$

1,925,000 57,000 56,000
6,610,252.97 48,000
200,000 50,100,000
145,000
2,506,000 328,000 647,000 -0-
2,290,300 2,262,109 1,000,000

Provided, that of the above appropriation, relative to operations, $27,500 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $27,500 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Happy Hour School.

Provided, that the State Board of Education shall make allotments for Section 11, 12 and 20 teachers on the basis of the index schedule used for fiscal year 1973.

From the above appropriation, relative to Opera tions, the Department is authorized to make payments to the Teachers' Retirement System to fund a reduction from 15 to 10 years the minimum period for providing disability and death benefits under Teachers' Retire ment.

Provided, that of the funds appropriated in this Section, the Department is authorized to utilize up to $5,000,000 to fund the Equalization Program autho rized in HB 57, subject to prior approval by the Fiscal Affairs Subcommittees.

Provided, that of the above appropriated amount, relative to Preschool Training for the Handicapped, the Diagnostic Classification and Testing Services Pro gram initiated in F. Y. 1973 under Act No. 1234, Ga. Laws 1972, p. 722, shall be funded at the continuation level in F. Y. 1974, the remainder of such appropriation shall be used and expended to initiate a half-day Preschool Training program for five-year-old children who are mentally, physically, or emotionally handi capped, and for no other purpose.

Provided, that of the above appropriation relative

MONDAY, FEBRUARY 18, 1974

1501

to Capital Outlay, $12,000 is designated and committed for outdoor lighting at the Georgia School for the Deaf, $18,000 is designated and committed for freezer and cooler facilities at North Georgia Vocational-Technical School, and $90,000 is designated and committed for land acquisition at the Atlanta Area School for the Deaf.

Provided, that effective April 1, 1974, the Depart ment is authorized to increase school lunch grant rate to five cents per lunch.

Provided that of the above appropriation relative to Operations, $4,500 is designated and committed to employ a speech therapist at the Academy for the Blind in Macon, Georgia.

Section 17. Employee's Retirement System. Operations __...----... .. ------____. --_--._______. ----______ -----$ -0-

Changed Objects:
Personal Services _ _________._._______________._____________..__$ Operating Expenses ____.________________________________________$

481,900 256,399

Section 18. Forestry Commission. Operations _.__._..._.. ..___..____._..__._._._......_.______.___....._._.__......$

8,235,750

Changed Objects:
Personal Services ________________ ....._._._.......__...... $ Operating Expenses ____ ......._._.__._.. ____________________.$ Capital Outlay _._.__...._....._..._......._.___..__._....._........$

8,049,658 2,806,000
12,000

Provided, that of the above appropriation, $25,000 is designated and committed for sewer line construction in Bibb County. Provided, further, that none of the funds appropriated above for this purpose shall be used until the Attorney General has issued an official opinion that such expenditure be legal.

Provided, that of the above appropriation, $12,000 is designated and committed for the construction and equipping of a headquarters building in Oglethorpe County.

Section 19. Forest Research Council. Operations ......_._._......._._._._............. _.____.__.___.._________.$

609,150

Changed Objects: Personal Services _________

___________ ______________$

91,150

1502

JOURNAL OF THE SENATE,

Operating Expenses -.___-.___._..____.._______.____.__________._____$ Research Contracts .. .._......__...._._...._._._..._........_..._.$

Section 20. Office of the Governor.

A. Operations Governor's Office ..... ..-......__..........._...__.-._.._.._..._...$

Changed Objects:
Personal Services ......__....._._......_..._._..._..__.....______..$ Operating Expenses _.____--_____.._____._.______________.._______.$ Mansion Allowance ......_......_._....._........__....._.._-..__.$
Office of Planning and Budget ...... .. ... .._.........._.$

Changed Objects:

Personal Services --....--..................._._......._.....___.$

Operating Expenses:

Regular

.

.

.$

Payments to Regional Commissions --.__..--- $

56,200 560,160
899,750
559,750 315,000 25,000 1,591,307
1,755,147 381,605 196,700

B. Governor's Emergency Fund ._--...._......_._.-....__--..$ 2,000,000

There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his discretion in any emergency that he may determine requires 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.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes.

Section 21. Grants to Counties and Municipalities.

A. Grants to Counties . ... ._..._..__......_...._.....__-___......_.__$ 2,600,000
Changed Object: Grants to Counties ................................................I 2,600,000

B. Grants to Municipalities ._.._._.....___.....______,,.._.___-___.$ 4,200,000

MONDAY, FEBRUARY 18, 1974
Changed Object: Grants to Municipalities ._..._..._........ ......_..._..........$

1503 4,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

C. Grants to Counties ___.__.____.____.__________.-_-_-_.--_..$ 49,848,250

To provide grants to counties for county roads and maintenance and to grant ad valorem tax relief. These grants shall be disbursed and distributed by the Fiscal Division of the Department of Administrative Services.

Section 22. Department of Human Resources.

A. Operations _.__._...._.____._..._..._..___._______......_...... . ... $ 294,840,518

Changed Objects:

Southwestern State Hospital

Personal Services ........._.._..._....__.._..._................_.$ 5,844,304

Georgia Retardation Center

Personal Services ...._..._..................._.._._...... .....$ 9,152,632

Georgia Mental Health Institute

Personal Services

. .... ...... ............ ..$ 6,230,804

Georgia Regional Hospital at

Augusta Personal Services .....

.. ...... 4,257,815

Central State Hospital Personal Services .......$ 37,520,040

Georgia Regional Hospital at

Savannah Personal Services

. . .. $ 4,062,185

Gracewood State School and

Hospital Personal Services ...... .... . . .. $ 12,145,423

Northwest Georgia Regional

Hospital Personal Services .... ....................... . $ 5,377,188

West Central Georgia Regional

Hospital Personal Services ..........

$ 1,406,093

Georgia Regional Hospital at

Atlanta Personal Services ... ....... ............ $ 5,447,118

State and Regional Youth Development

Center Personal Services ................................I 7,131,121

All other Personal Services . .. .. ... - .........$ 45,542,613

Operating Expenses _........__......._..._.......... .......$ 101,259,457

Grants .._......_......._......_......... .. .

................._.$ 72,185,835

Benefits ...................... ......................._...._.......$ 393,323,537

Provided, that of the above appropriation, $10,000 is designated and committed for renovations of the Day Care Center for the Mentally Retarded at Tate, Georgia.

1504

JOURNAL OP THE SENATE,

Provided, that of the above State appropriation for Medicaid, $280,000 is designated and committed for Medicaid coverage of SSI recipients whose income is $420.00 per month or less per SSI regulation's option.

Provided, that of the above State appropriation for Medicaid, $12,500 is designated and committed to provide medical coverage for Non-APDC Foster Children.

Provided, that of the above appropriation, $98,666 is designated and committed for the licensing and monitoring of the Day Care Centers for the Mentally Retarded.

Provided, that of the above appropriation, $1,440,000 is designated and committed to purchase equipment for the Day Care Centers for the Mentally Retarded.

Provided, that of the above appropriation, $30,000 is designated and committed to be used to match Title IV-A funds to continue Atlanta Association for Re tarded Children's project Rescue outreach advocacy program.
Provided, that of the above appropriation, $34,461 is designated and committed to continue the Cancer Registry.
Provided, that the funds included in this Section for the State to operate the Bibb County Detention Home shall only be available for expenditure therefor upon said facility and real estate being transferred and deeded to the State at no cost to the State.
Provided, that of the above appropriation, a specific sum equal to the cost of providing uniforms for all firemen and security personnel at Central State Hospital is designated and committed for the provision of such uniforms for such employees.

Provided, that the funds included in this Section for the State to operate the Muscogee County Detention Home shall only be available for expenditure therefor upon said facility and real estate being transferred and deeded to the State at no cost to the State.

Provided, that the funds included in this Section for the State to operate the Cobb County Detention Center shall only be available for expenditure therefor upon said facility and real estate being transferred and deeded to the State at no cost to the State.

MONDAY, FEBRUARY 18, 1974

1505

Provided, that of the above appropriation, $100,000 is designated and committed for the Hemophilia Pro gram.

Provided, that of the above appropriation relative to Operations, $5,000,000 is designated and approved for payment to the Macon-Bibb County Hospital Author ity upon the approval by the Federal Government of the application for funding of a new medical college for the training of medical doctors and other allied medical personnel under the provisions of Public Law 92-157 known as the 'Comprehensive Health Manpower Training Act' of 1971.

Provided, that of the above appropriation, $15,000 is designated and committed for improving the play ground for the children's unit at the Georgia Mental Health Institute. Provided, further, that $19,000 is designated and committed for the purchase of emer gency equipment at said institution.
Provided, that of the total funds contemplated in this Section, $650,000 is designated and committed for the Sheltered Workshops for the mentally retarded.
B. Construction ,,_._.._,,________. .,,_.__.__.,, ,,____,,__________$ 12,238,250

Changed Objects:
Capital Outlay .-.,,.,,.,,__,,__,,_.__.-,,_._,,-$ Outstanding Authority Lease Rentals .--___----,,$ State of Georgia General Obligation
Debt Sinking Fund/New Authority Lease Rentals _-...,,.___.-.._______......,,__.-....-.___....,,..$

5,778,250 5,545,000
915,000

Provided, that of the above appropriation relative to Construction, $25,250 is designated and committed for a Regional Youth Development Center at Eastman, Georgia.
Provided, that of the appropriation for construc tion, $400,000 is designated and committed for a Sheltered Workshop in Chatham County.
Provided, that of the above appropriation $250,000 is designated and committed for construction of a Sheltered Workshop in Clayton County.

Provided, that of the above appropriation, $100,000 is designated and committed for Capital Outlay at the Warm Springs facility.

Provided, that of the above appropriation, $240,000

1506

JOURNAL OF THE SENATE,

is designated and committed to renovate eight bath rooms in the Bostick Building at Central State Hospital.

Provided, that of the above appropriation, $200,000 is designated and committed for elevator renovations at Central State Hospital.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund/New Authority Lease Rentals, $200,000 is specifi cally appropriated for the purpose of making general improvements in the Alien Building at Central State Hospital (Milledgeville) through the issuance of not to exceed $2,225,000 in principal amount of general obligation debt.

Provided, that of the above appropriation, $246,000 is designated and committed for repairing the roof on the laundry at Central State Hospital.

Provided, that of the above appropriation, $555,000 is designated and committed to construct a Regional Youth Development Center at Blakely, Georgia.

Provided, that from the above appropriated amount, $525,000 is specifically appropriated for the purpose of financing the construction and equipping of (1) a new 75-bed multi-geographic facility at South western State Hospital (Thomasville), (2) a school for special education at Central State Hospital, and (3) a new 60-bed medical hospital at Gracewood State School and Hospital through the issuance of not to exceed $6,025,000 in principal amount of general obli gation debt or through the issuance of not to exceed $6,025,000 in principal amount of bonds by the Georgia Building Authority (Hospital). Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said under taking, said amount will be appropriated to the 'State of Georgia General Obligation Debt Sinking Fund'. Should said Commission determine that said under taking be financed through the issuance of bonds by the Georgia Building Authority (Hospital), said amount shall be appropriated to the Department of Human Resources and used for the purpose of paying lease
rentals.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $190,000 is specifically appropriated for the purpose of financing the acquisition of an office build ing in the City of Savannah, Georgia, known as the Sears Building through the issuance of not to exceed

MONDAY, FEBRUARY 18, 1974

1507

$2,280,000 in principal amount of General Obligation Debt.

Section 23. Department of Labor.

A. Operations ---.----._..._-.--_.--__.__..,,..._...._...____..-_.$ 1,466,502

Changed Objects:
Personal Services ...._....___....____.--._._,,.._.....-_...__..._ $ Operating Expenses _._____._________..____,,_____________._____.$ Grants _,,,,,,,,.._,,..,,_,,_.,,____--,,_,,$

17,673,943 10,049,643
1,769,000

Provided, that of the above appropriated amount relative to Operations, $43,855 is designated and com mitted to begin a Manpower Analysis Training and Development Program.

B. Unemployment Compensation Reserve Fund---- $ 325,000

Changed Object:
Unemployment Compensation Reserve Fund _.._.. .... -- _,,___----.._.$

325,000

C. Correctional Manpower Program ,,.,,__.----._----.$ 384,122

Changed Objects:
Personal Services -__...___...____..___..-__....__....__-...._....-_..$ Operating Expenses __....__....___.-___....__-.-___..___..__..,,$

753,588 332,418

Section 24. Department of Law.

A. Operations ._--_,,.._$ 1,648,700

Changed Objects:
Personal Services ____.._____.____,,_____-_.__-_____-..___.________.__-$ Operating Expenses ____..____...___.....__._._._ .._._......,,.._...$

1,468,700 242,000

B. Books for State Library .___...____...___..._._..._.__....__.._.$

21,000

Changed Object: Books for State Library .....................................I

21,000

For the cost of operating the Department of Law, provided that the compensation of all Assistant At torneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Depart ment of Law, or any agency of the State in the Execu-

'1508

JOURNAL OF THE SENATE,

tive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law.
Section 25. State Literature Commission.
Operations ____,,___.____,,______,,_,,,,,,,,,,______,,$

11,000

Changed Objects:
Personal Services ........___....__,,____________,,____,,--__$ Operating Expenses ....__--.,,____--...__...,,,,...,,,,,,.$

7,000 4,000

Section 26. Merit System of Personnel Administration.
Operations ______..---_..--.--,,.._..---_-----__----__._---.--,,--_$ -0-

Changed Objects:
Personal Services _._-____,,________..____.______--_,,____-_.$ Operating Expenses -.___.....,,-.....___.....,,..--_-----$

1,328,736 628,164

Provided, that the State Merit System through agency assessment of $5,500 to the Department of Edu cation's budget to provide for funds for research and development of a health insurance plan for public school teachers as provided for by House Bill 39.

Section 27. Department of Natural Resources.

A. Operations ..........-...............-..--...-.-.---.---I 23,560,832

Changed Objects:
Personal Services ._,,,,____,,__-._-________-._____.---____.--_$ 14,019,030 Operating Expenses .._._....__......_____-..-__..,,__.....___-..$ 10,795,997

Grants:
Land and Water Conservation Fund .________--__$ Herty Foundation .___.,,,,__.,,_..-_-_.---$

4,000,000 150,000

Local Governments:
Solid Waste Systems ,,_---------$ Savannah Beach Reclamation .__.....___...-.__...__-....$ Recreation Systems . ..^ ............ --^ Water and Sewer Systems .,,...._..---$

2,000,000 1,318,030
200,000 2,000,000

B. Authority Lease Rentals .____,,.___._--._-____--_,,? 2,526,000

MONDAY, FEBRUARY 18, 1974
Changed Object: Authority Lease Rentals _,,._____----__._.----

1509 -$ 2,526,000

C. State of Georgia General Obligation Debt Sinking Fund .______.,,....--.--__--

~$

72,000

Changed Object: State of Georgia General Obligation Debt Sinking Fund _____----_._____----_-__._

..$

72,000

D. Capital Outlay

..$ 3,887,725

Changed Object: Capital Outlay

_..._.._..$

4,407,825

E. Heritage Trust __._____.,,______,,_________._$ 11,778,442

Changed Object: Capital Outlay

..$ 11,778,442

Provided, however, that none of the above appro priation for Water and Sewer Grants shall be allotted to any county or municipality unless such county or municipality shall have reached its legally established bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Re
sources.

Provided, that of the above appropriation relating to Operating Expenses, $15,000 is designated and com mitted for planning and securing options for a few State Park in Rockdale County.

Provided, that of the above sum, the sum of $500,000 is to be used for acquiring land and establishing the Pickett's Mill and New Hope Church State Park in Paulding County, Georgia.

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Sec tion or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section.

Provided, that of the above appropriation relating to Capital Outlay, $100,000 is designated and committed for General Coffee State Park.

1510

JOURNAL OP THE SENATE,

Provided, that of the above appropriated amount, $7,500 is designated and committed for the purchase of equipment for pocket parks in Wayne County, Georgia.

Provided, that of the above appropriation relating to Operations, $892,515 is designated and committed for Lake Lanier Island Development Authority.

Provided, that of the above appropriation relating to Capital Outlay, $200,000 is designated and committed for Lake Lanier Island Development Authority.

Provided, however, that of the above appropria tion relating to Capital Outlay, $387,000 is designated and committed to purchase 258 acres of land in Rockdale County.

Provided, however, that of the above appropriation relative to operating expenses, $36,008 is designated and committed for the purchase of an ambulance and emer gency equipment on Jekyll Island, Georgia.

Provided, however, that of the above appropriation relative to Capital Outlay, $100,000 is designated and committed for improvements at Fort Mountain State Park.

Provided, however, that of the above appropriation relative to operating expenses, $65,000 is designated and committed for playground equipment for neighborhood parks in Brantley, Camden, and Long counties.

Provided, however, that of the above appropriation relative to operating expenses, $62,171 is designated and committed for the dredging and diking of the TerryDupree Creek Waterway in the Brunswick area.

Provided, that from the above appropriated amount for State of Georgia General Obligations Debt Sinking Fund, $27,000 is specifically appropriated for the purpose of financing the construction of additions and improve ments to and the equipping of the Game and Fish Build ing in Albany, Georgia, through the issuance of not to exceed $300,000 in principal amount of General Obliga
tion Debt.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $45,000 is specifically appropriated for the purpose of financing the construction of beach protection at Jekyll Island State Park through the issuance of not to ex ceed $515,000 in principal amount of General Obligation Debt.

MONDAY, FEBRUARY 18, 1974

1511

Section 28. Department of Offender Rehabilitation.

A. Corrections Operations ._....... ...............................................................^ 23,844,647

Changed Objects:
Personal Services ___.... ___.___.___..__.__..____.....______..._.____$ Operating Expenses ___._.____ ..................................$

16,285,165 10,302,352

Capital Outlay

._._.........$ 12,707,000

Changed Object: Capital Outlay . .....................................................^ 12,707,000

Authority Lease Rentals

............$ 840,000

Changed Object: Authority Lease Rentals .--......----....--._--..,---.--.$

840,000

Provided, that of the above appropriation relating to Capital Outlay, $500,000 is designated and committed for equipment purchases for Correctional Industries.

Provided, however, that of the above appropriation relating to Capital Outlay, $25,000 is designated and committed to construct a warden's house at Lee Correc tional Institute, and $125,000 is designated and com mitted to construct guard towers and install perimeter lighting at Georgia Industrial Institute.

B. Offender Rehabilitation Operations ...... ................... ....... ..................................^

4,349,000

Changed Objects:
Personal Services ......................__............._._.._.....$ Operating Expenses ......... _........ ___._____._.___.__.$

5,073,491 1,115,320

C. Pardons and Paroles Board Operations ....__.._....__..___... ................................................$

373,489

Changed Objects:
Personal Services .. .............................................^ Operating Expenses ..............................................I

322,489 51,000

Section 29. Department of Public Safety. A. Operations ........_._....._._._.. ...........................................I 22,950,632

1512

JOURNAL OF THE SENATE,

Changed Objects:
Personal Services ....................................................I 17,595,985 Operating Expenses .--.-_._ ,,,,_,,.-.,,$ 8,668,684

B. Capital Outlay __..........___.-__......__...........__..........__._...$ 185,500

Changed Objects: Capital Outlay ....... ,,._.,,.._.,,._._.__,___.$

185,500

Provided, that of the above appropriation relating to Capital Outlay, $74,000 is designated and committed to construct and equip a driver's licensing facility in North Fulton County or North Atlanta.

Provided, however, that of the above appropriation relating to Capital Outlay, $27,000 is designated and committed for a driver's licensing facility at the Farmers' Market in Clayton County.

Provided, however, that the Director of the Depart ment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Provided, that from the above appropriation, there shall be paid to each employee who has repaid moving expenses to the department an amount equal to the re payment such employee has made. Provided, further, that no further repayment of moving expenses by employees shall be received by this agency.

Provided, that of the above appropriation relating to Operations, $30,000 is designated and committed to pur chase uniforms for the Driver's License Examiners.

Provided, however, that of the above appropriation relative to Capital Outlay, $24,500 is designated and committed for the State Patrol station in Pope County.

Section 30. Public School Employee's Retirement System.
A. Operations .................. .,,._..,,.$

137,000

Changed Object: Operating Expenses ..._....-.-.._...-,,.$

137,000

B. Employer Contribution .......... .__.-....._..._....._,,--.$ 7,259,000

MONDAY, FEBRUARY 18, 1974

1513

Changed Object: Employer Contribution ... ___._._...__.___..___.__.._.__........$ 7,259,000

Section 31. Public Service Commission. Operations ___..._...._.._..._ ..._...._.....,,.....___.$ 1,697,038

Changed Objects:

Personal Services --._..._..---$

Operating Expenses --.._..

_--.--..,,.$

1,257,237 447,445

Section 32. Regents, University System of Georgia.

A. Operations ..,,,,..._......_.$ 218,009,541

Changed Objects:
Personal Services ....-_-_____._.___.._.......-.___.___-___-..____$ 249,262,204 Operating Expenses ___.____________._.__...._........__-______..___$ 70,195,406 Teachers' Retirement ....______..___________._.......-___._._....$ 13,940,500 Grants to Junior Colleges _....-.--..-$ 3,050,000 Regents Scholarships ...........$ 200,000 Medical Scholarships ....... ._..._..__..__........._..___._.......$ 336,000

B. Construction: Outstanding Authority Lease Rentals ....._..__....--,,___.$ 20,193,300

Changed Object:
Outstanding Authority Lease Rentals .....__.__._...$
State of Georgia General Obligation Debt Sink ing Fund/New Authority Lease Rentals _...__..$

23,018,196 1,000,000

Changed Object:
State of Georgia General Obligation Debt Sink ing Fund/New Authority Lease Rentals __..._.$

1,000,000

Provided, that from the above appropriated amount, $1,000,000 is specifically appropriated for the purpose of financing a new construction program which consists of the acquisition of land (if needed) and the construction and equipping of buildings and facilities at various insti tutions under the control of the State Board of Regents of the University System through the issuance of not to exceed $12,000,000 in principal amount of general ob ligation debt or through the issuance of not to exceed $12,000,000 in principal amount of bonds by the Georgia Education Authority (University). Should the Georgia State Financing and Investment Commission elect to is sue General Obligation Debt to finance said undertaking, said amount will be appropriated to the 'State of Georgia General Obligation Debt Sinking Fund'. Should said Com-

1514

JOURNAL OF THE SENATE,

mission determine that said undertaking be financed through the issuance of bonds by the Georgia Education Authority (University), said amount shall be appropri ated to the Board of Regents of the University System and used for the purpose of paying lease rentals.

Provided, that of the above appropriation relating to Operations, the State Board of Regents is authorized to pay $20,000 to the Southern Regional Education Board for 10 Georgia students to attend the Southern College of Optometry.

Provided, that from appropriated funds in A. and B., the amount of $24,018,196 in F. Y. 1974 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds. Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.

Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the Uni versity System from all funds available in the amounts necessary 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 Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose ap proval shall be evidenced in writing.

Provided, that of the above appropriation relating to Operations, the Department is authorized to make pay ments to the Teachers' Retirement System to fund a re duction from 15 years to 10 years the minimum period for providing disability and death benefits under Teach ers' Retirement.

Capital Outlay

.

..

$ 12,735,200

Changed Object: Capital Outlay ........... .................... ............._.$ 14,235,200

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 cost of any employer contribution applicable to such salary to the Teachers' Retirement System.

No funds realized by the State Board of Regents of the University System or any college or university, from the State General Fund, from the Federal Government, or from any other source, shall be available for use or expenditure for educational and general or plant pur-

MONDAY, FEBRUARY 18, 1974

1515

poses until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.

Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate; provided, further, that the State appropriation shall not be reduced by addition of the above revenues to the operating budget of the Regents of the University System of Georgia.

Provided, that revenue from student fees which ex ceeds the budget estimate of student fees by $2,000,000 shall not be available for operations; provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.

Section 33. Department of Revenue.

A. Operations

... ....._.....$ 17,565,529

Changed Objects:
Personal Services _..__..______.. ...___._____..._______.__..___.$ Operating Expenses ........_._....-..._...__.__...__.___.___..._.$ Grants ................ __.._............_...............___..__....._._._.$

10,704,069 6,456,460
412,000

B. Loans to Counties--Property Tax Reevalution _._.$ 170,000

Changed Object:
Loans to Counties for Property Tax Reevaluation ..... ....._........._.........__.___-..._...._._......._.._...$

325,000

In addition, there is hereby appropriated the amount of such repayment of county tax evaluation loans as may be made by such counties during the fiscal year in such amounts and for the same purpose as originally appro priated but not to exceed $155,000 in F. Y. 1974. Such amount shall be available for further tax evaluation loans to counties.

C. Motor Vehicle Tag Purchases ___..__..._.__......_____$ 1,123,450

Changed Object: Motor Vehicle Tag Purchases

......... $

1,123,450

Provided, that of the above appropriated amount re lating to motor vehicle tag purchases, $935,250 is desig nated and committed for use in contracting with Of-

1516

JOURNAL OF THE SENATE,

fender Rehabilitation for the production of at least 2,175,000 motor vehicle tags.

Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Cor rectional Industries during tag production, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided, the advances made are for services to be rendered within the same fiscal year.

Section 34. Secretary of State.

A. Operations ..................................................I

Changed Objects:

Personal Services _........._._.........$

Operating Expenses

........__._..____$

B. Authority Lease Rentals

Changed Object: Authority Lease Rentals

4,799,264
3,019,650 1,824,614
815,000
815,000

Provided, that of the above appropriation relative to Operations, $50,000 is designated and committed for a monument to Richard B. Russell.

Provided, that of the above appropriation, $67,475 is designated and committed for use by the Bicentennial Commission.

Provided, that of the above appropriation relative to Operations, $50,000 is designated and committed for of fice renovations.

Provided, that of the above appropriation relative to Operations, $131,700 is designated and committed for the purchase of shelving equipment and for the installa tion of a humidity control system for the Archives Build ing.

Section 35. State Scholarship Commission.
A. Operations .... ...............
Changed Objects: Personal Services .... Operating Expenses

400,800
473,500 323,000

MONDAY, FEBRUARY 18, 1974

1517

B. Higher Education Assistance Corporation-- Interest and Fees on Loans _____...........___.,,______-___--.$

239,000

Changed Object: Interest and Fees on Loans .._--,,...._.__.._..:__._..___.$

239,000

C. Higher Education Assistance Authority-- Direct Loans and Tuition Grants

_,,$ 4,351,000

Changed Objects:
Direct Loans Tuition Grants

..,,.-,,__.__..$ ,,.-,,...,,$

1,001,000 3,350,000

D. State Scholarship Commission--Scholarships _...$ 1,149,000

Changed Object: Scholarships

----._-$ 1,224,000

E. Law Enforcement Personnel and Firemen's Dependent Scholarships ______,,_._________.___....._._-.-_.__.$

Changed Object:
Law Enforcement Personnel-- Dependent Scholarships

,, ,,.,, __...__.$

Provided, that of the above appropriated amount relative to scholarships an amount not to exceed $12,000 is designated and committed for the purpose of provid ing stipends for training recruitment personnel.

Provided, that of the above appropriated amount relative to scholarships $25,000 is designated and com mitted solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law.

Provided, that from the above amount $3,350,000 is appropriated for grants and scholarships to students at tending private colleges as provided in Ga. Laws 1971, p. 906.

Section 36. State Treasury Department ....._....___.___.$

Section 37. Soil and Water Conservation Committee.

Operations

,,

......_. $

25,000 25,000
-0458,200

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JOURNAL OF THE SENATE,

Changed Objects:
Personel Services ..____.........__....._.____......................$ Operating Expenses ....--........_..._......._........._._._...$

107,200 351,000

Section 38. Teachers' Retirement System.
Operations ...._._... . .. ......................_... ._._........_........_..$
Changed Objects:
Personal Services __..._........._._._._._.........__._..._..........$ Operating Expenses __..._.-- .-....._....._........__..__.___.___.$ Employer Contribution ....._. . _.___._.___._.._________________$
Section 39. Department of Transportation.
A. Appropriation of all funds in subsections A., B., C. of this Section shall be in conformity with and pur suant to Article VII, Section IX, Paragraph IV of the State Constituiton, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Administra tive Services in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby di rected, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as be ing the appropriation payable in lieu of the amount ap propriated herein.
For general administrative cost of operating the De partment of Transportation, including equipment and compensation claims.
For lease rental obligations of the Department of Transportation of 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 Department of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically appropri ated for new authority lease rentals to permit the issu ance of bonds to finance new projects.

2,263,015
375,842 347,600 2,263,015

For State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Gov ernment, including all cost items incident thereto. Funds appropriated for the fiscal year shall be available for

MONDAY, FEBRUARY 18, 1974

1519

matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the cost incident thereto, pro vided all expenditures for county contracts shall be in ac cordance with and on the basis of average prices as au thorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Depart ment of Transportation 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 re gard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorized and directed and execution of highway contracts essential to and in cluded in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Adminis trative Services and constitutionally appropriated to the Department of Transportation.

Operations (including Capital Outlay) _

,,_ $ 186,576,873.81

Construction:
State of Georgia General Obligation Debt Sink ing Fund/Authority Lease Rentals ________ $

29,921,000

For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the 'State of Georgia General Obligation Debt Sinking Fund' for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transporta tion. Provided, that in the event that lease rental obli gations shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically appropriated to the 'State of Georgia General Obligation Debt Sinking Fund' for the specific purpose of paying annual debt service requirements on new General Obligation debt in an amount not to exceed $60,000,000 in principal amount to finance a new pro gram for the construction or reconstruction of public roads and bridges. Provided, further, that in the event the Georgia State Financing and Investment Commission, for any reason, should decide not to use the General Ob ligation procedures established by the Constitution to fi nance said new program for the construction or recon struction of public roads and bridges, the same excess

1520

JOURNAL OF THE SENATE,

amount is then designated and specifically appropriated for additional Authority lease rentals to the Georgia Highway Authority to permit the issuance of new Au thority bonds to finance the construction or reconstruc tion of public roads and bridges.
B. Grants to Counties. For grants to counties for aid in county road construction and maintenance. Grants shall be distributed and disbursed by the Fiscal Division of the Department of Administra tive Services as provided by law ----..-_______.__._______$
C. For grants to counties for aid in county road construction and maintenance _.,,__----__--.______________$
The sum appropriated under C. shall be distributed and disbursed to the various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.
Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Department of Transportation. At the request of the Governor or Office of Planning and Budget or the Director of the Department of Transportation 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.

4,817,013.03 4,500,000

D. For grants to municipalities for Capital Out
lay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended ______.____.$

9,317,000

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 accord ance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Ad ministrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, 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 mu nicipality in any future year.

MONDAY, FEBRUARY 18, 1974
Provided, further, that the above sums shall be dis tributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.
E. For the general administrative expenses of air port development, mass transit planning and de velopment, the promotion of aviation safety and the provision of air transportation services.
Operations _...-...$
Provided, that the Department of Transportation is authorized to retain such portion of its Air Transporta tion service income as is required to maintain and up grade the quality of its equipment.
Construction--Airport Development ______ ________ ____$
Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 25% of an individual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation.
F. For the identification, planning and development of a comprehensive plan for a statewide system of trails.
Operations _______ _______._________________.____$ Construction--Pilot Bikeways Project ..... ........... .._..$
Provided, that the Department of Transportation will prepare the comprehensive plan for the Department of Natural Resources, and provided further that the Depart ment of Transportation is authorized to utilize Pilot Bikeways funds to finance part of the staged construction of a pilot bikeway project when matching federal and/or local funds.
Provided, that of the above appropriation relating to operations, $25,000 is designated for planning a state wide system of multi-purpose trails, and $50,000 is desig nated for a pilot bicycle trail as part of said statewide system.
G. Harbor Maintenance Payments ________ _______ .____$
Provided, that the entire amount of the above ap propriation for harbor maintenance payments is desig nated and committed for payment for harbor maintenance at Savannah.

1521
925,150 976,000
25,000 50,000
579,000

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JOURNAL OF THE SENATE,

Changed Objects:
Personal Services ___..._____.___..__________..________.__.___._______.$ 86,857,450 Operating Expenses -.........._-.-__.-__.,,.-....__.__.,,..-...$ 48,400,028 Capital Outlay .._... .. .___...___..________...._________.__.________$ 329,964,990 State of Georgia General Obligation Debt Sink
ing Fund/Authority Lease Rentals ... _....__._...$ 31,772,366 Grants to Counties ....._..___._...____....-...___.____.....,,-_____.$ 9,317,013.03 Grants to Municipalities .._._._.__.____.____.__.....____.___.$ 9,317,000

Section 40. Department of Veterans Service. Operations _._._........_.._... ............. ....._......._.._......_....__.$

4,926,050

Changed Objects: Personal Services

.........$ 1,746,040

Operating Expenses
Regular .................... .........._..._..._.........._...._.$ Payments to Central State Hospital __..........$ Payments to Medical College of Georgia ........$
Grants to Confederate Widows .. . ........._......_...$

238,050 3,053,572 1,460,000
26,000

Capital Outlay . .....

..... .... ............. .....__..__.$ 1,160,000

Changed Object: Capital Outlay .................. ........... ................ ...$

2,410,000

Section 41. Workmen's Compensation Board. Operations ...... ... . ......... ........_......_..._..__..............__.$

1,101,500

Changed Objects:
Personal Services - .......... - ........... - .._._...........$ Operating- Expenses ....... . ........... ......_...__..........$

900,500 201,000".

Section 2. Said Act is further amended by striking from the last line of Section 48, relating to total appro priations, the figure "$1,664,168,762", and inserting in lieu thereof the figure "$1,675,135,460.81."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Coggin of the 35th moved that the Conference Committee Report be adopted.

MONDAY, FEBRUARY 18, 1974

1523

On the adoption of the Conference Committee Report, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Coggin Coverdell
Cox Dean Doss Fincher Garrard Gillis Hamilton Henderson

Hill Holley Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Those voting in the negative were Senators:

Eldridge Herndon

Holloway Rowan

Those not voting were Senators:

Broun of 46th Cleland Duncan

Hudgins Skene

Parker Reynolds Riley Salter Smalley Smith Starr Stephens Tysinger Ward Wasden Webb Young Zipperer
Sutton Warren
Summers Thompson

On the adoption of the Conference Committee report, the ayes were 43, nays 6, and the Conference Committee Report to HB 1376 was adopted.

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

SB 187. By Senators Henderson of the 33rd and Moore of the 56th:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to create an office of magistrate; to provide for other matters relative to the foregoing.

The House amendment was as follows:
Amend SB 187 by striking Section 3 on Page 2 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

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JOURNAL OF THE SENATE,

"Section 3. Magistrates; appointment. The majority of the judges of the State Court of Cobb County shall appoint not more than two magistrates and said magistrates shall serve at the pleasure of the majority of the judges of the State Court. The compensation for such magistrate or magistrates shall be set by the governing authority of the county."

Senator Henderson of the 33rd moved that the Senate agree to the House amendment to SB 187.

On the motion, the ayes were 34, nays 0; the motion prevailed, and the House amendment to SB 187 was agreed to.
The following general bill of the House favorably reported by the committee, was read the third time and put upon its passage:

HB 1365. By Messrs. Buck of the 87th and Parrar of the 52nd:
A bill to amend an Act establishing the Teachers' Retirement System, so as to make a technical correction relative to reference to a section; to change the provisions relative to time for filing service retirement applications.

The following fiscal notes, as required by law, were read by the Secretary:

TEACHERS RETIREMENT SYSTEM

Atlanta, Georgia 30334

February 7, 1974

MEMORANDUM

TO:

Honorable Paul D. Coverdell, Chairman

Senate Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia

SUBJECT: House Bill 1365

Section 1 of this bill strikes subsection (10) of Section 4 (Code Section 32-2904).

Section 2 permits members to file applications for retirement up to 180 days ahead of the effective date. (Present law permits receipt of applications up to 90 days.)

MONDAY, FEBRUARY 18, 1974

1525

Section 3 permits a disabled member to retire on either service or disability retirement--whichever calculation produces the larger benefit. Our present law requires the member to retire on disability retirement if the member is less than 62 years of age or has less than 35 years of creditable service.

Section 4 increases the amount that a disability retiree can earn and still be entitled to his disability benefit check. This bill changes the provision in the law from the "difference between his retirement allow ance and his average final compensation" to the "difference between his disability benefit and the current rate of compensation for the position which he held at the time of his disability retirement. . ." This change permits the member to earn more before having his disability benefit check reduced.

Section 5 permits the calculation of death benefits as service retire ment or disability retirement in cases where the member who has quali fied for either and we will use the calculation that produces the larger benefit.

Section 6 changes the wording in our law applying to refund of member contributions. We failed, during the 1973 Session, to change the number of years of service in this Section relating to death benefits from 15 years to 10 years. This Section would make the change.

Section 7 corrects an error made in the legislation passed last year. When the Senate bill changing the number of years required for vesting a service retirement benefit was drafted, the wrong section was amended-- subsection (10) of Section 4 was enacted. Now, subsection (10) of Sec tion 4 must be struck out of the law along with subsection (10) of Sec tion 5. Then, a new subsection (10) of Section 5 must be enacted. Sec tions 1 and 7 of this bill do this.

Since this bill would make no change in the retirement benefits, it is my opinion that the bill would have no detrimental effect on the actuarial soundness of the retirement system.

The Committee on Retirement offered the following amendment:

Amend HB 1365 by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particu larly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 784), an Act approved April 17, 1973 (Ga. Laws 1973, p. 895) and an Act ap proved April 17, 1973 (Ga. Laws 1973, p. 905) is hereby amended by striking subsection (10) of Section 4, as set forth in the amendatory Act approved April 17, 1973 (Ga. Laws 1973, p. 784), which reads as follows:

1526

JOURNAL OF THE SENATE,

'(10) Any other provisions of this Act to the contrary notwith standing, the right of the service retirement benefit under the provi sions of this Act shall vest in a member who withdraws from serv ice prior to attaining age sixty, providing said member shall have completed at least ten years of creditable service and has not with drawn his contributions. Said member shall, upon filing an applica tion as provided in this Act, become entitled to service retirement benefit upon his attainment of the age of sixty or at his option at any date subsequent thereto. The service retirement benefit of any such member shall be as set forth in the Act based on the total credits accrued at the date of his withdrawal from service, or if such member should die before filing such application, the maximum benefits payable shall be limited to the member's accumulated con tributions at the time of his withdrawal from service, and nothing in this Act shall be construed as providing for any benefits prior to attaining age sixty other than a return of the contributions in case of death. Any other provisions of this Act to the contrary notwithstanding, the provisions of this subsection shall inure retro actively to the benefit of all members who completed at least twenty years creditable service prior to January 1, 1954, and who have not withdrawn their contributions. In case a member returns to active service in the public schools or University System of Georgia for one year or more prior to age sixty (60), he may reestablish such credits that he had at the time he withdrew from active service and such credits in which the member had a vested right to a service retirement benefit under this subsection, by paying a fee of twenty-five (25%) percent of his last annual salary prior to freezing his credits or the accrued interest at the rate of three and one-half (3%%) percent compounded annually on his annuity ac count from the date of freezing to date of payment, whichever is greater.",

in its entirety.

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th

Carter Coverdell Cox Dean

Doss Duncan Eldridge Fincher

MONDAY, FEBRUARY 18, 1974

1527

Garrard Gillis Hamilton Henderson Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy

Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan

Salter Smalley Smith Starr Stephens Sutton Tysinger Ward Warren Webb Zipperer

Those not voting were Senators:

Broun of 46th Cleland Coggin

Holley Skene Summers

Thompson Wasden Young

On the passage of the bill, the ayes were 47, nays 0.

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

The following bill of the House, defeated on February 15 and reconsidered on February 16 was put upon its passage:

HB 1333. By Mr. Alexander of the 38th:
A bill to amend an Act regulating charges and interests on loans se cured by secondary security deeds on certain residential property sub ject to a prior lien or security deed, so as to provide that certain persons shall not be within the regulatory authority of the Act.

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

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Coverdell Cox Dean

Doss Duncan Fincher

1528
Garrard Gillis Hamilton Henderson Herndon Hill Holloway Hudgins Jackson Johnson Kennedy Kidd

JOURNAL OF THE SENATE,

Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter

Smith Starr Stephens Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative were Senators Carter and Eldridge.

Those not voting were Senators:

Broun of 46th Brown of 47th Cleland Coggin

Holley Howard Skene

Smalley Summers Thompson

On the pasasge of the bill, the ayes were 44, nays 2.

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

The following local, uneontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption.

HR 136. By Mr. Smith of the 42nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption from taxation to resident homeowners in the City of Palmetto; to provide that residents of said city who are sixty-five years of age or older and who do not have an income from all sources exceeding $4,000.00 shall be granted an exemption of $4,000.00 on their homestead from all ad valorem taxation; to provide a homestead exemp tion in an amount not to exceed $10,000.00 for certain disabled persons who are resident homeowners of said city; 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:

MONDAY, FEBRUARY 18, 1974

1529

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

"Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Palmetto who is sixty-five years of age or over and who does not have an income from all sources, including the income of his spouse who is living in the home of said resident, exceeding $4,000.00 for the immediately preceding taxable year for State of Georgia income tax purposes, is hereby granted an exemption of $4,000.00 on his homestead from all ad valorem taxation by the City of Palmetto as long as any such resident of the City of Palmetto actually occupies said home stead as his residence. Any such owner, as defined in this paragraph, shall not receive the benefits of such homestead exemption unless such owner has been similarly exempted from state and county ad valorem taxes by the Tax Commissioner of Fulton County or the Tax Commissioner of Coweta County.

The homestead of each resident of the City of Palmetto actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted in an amount not to exceed $2,000.00 of its value from all city ad valorem taxes, except taxes levied by said city for the payment of interest on and retirement of bonded indebted ness. The value of the homestead in excess of the above-exempted amount shall remain subject to ad valorem taxation by the City of Palmetto.

Each disabled person, as hereinafter defined, who is a resident of the City of Palmetto, is hereby granted an exemption of $10,000.00 on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all city ad valorem taxation. The term 'disabled person', as used herein, means disabled 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, or such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair. The value of the homestead in excess of the above-exempted amount shall remain subject to ad valorem taxation by the City of Palmetto. No homestead in the City of Palmetto shall be subject to more than one exemption as provided for herein, and the value of the home stead in excess of the above-exempted amounts shall remain subject to ad valorem taxation by the City of Palmetto. The exemptions provided for herein shall apply to all taxable years beginning after
December 31, 1974."

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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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 pro vide a homestead exemption from taxation in
( ) NO the amount of $2,000.00 to resident homeowners in the City of Palmetto; to provide that residents of said city who are sixty-five years of age or older and who do not have an income from all sources exceeding $4,000.00 shall be granted an exemption of $4,000.00 on their homestead from all ad valorem taxation; and to provide a home stead exemption in an amount not to exceed $10,000.00 for certain disabled persons who are resident homeowners of said city?"

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 substitute to HR 136:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of said city who are sixty-five years of age or older and who do not have an income from all sources exceeding $4,000.00 shall be granted an exemption of $4,000.00 on their homestead from all ad valorem taxation; to provide an effective date; 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 Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Palmetto who is sixty-five years of age or over and who does not have an income from all sources, including the income of his spouse who is living in the home of said resident, exceeding $4,000.00 for the immediately preceding taxable year for State of Georgia income tax purposes, is hereby granted an exemption of $4,000.00 on his homestead from all ad valorem taxation by the City of Palmetto as long as any such resident of the City of Palmetto actually occupies said home-

MONDAY, FEBRUARY 18, 1974

1531

stead as his residence. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Palmetto. 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 Palmetto, or with a person designated by the governing authority of the City of Palmetto, giving his age and the amount of income which he receives and the income which his spouse receives and such ad ditional information relative to receiving the benefits of such exemption as will enable the governing authority of the City of Palmetto, or the person designated by the governing authority of the City of Palmetto, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Palmetto, 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, 1974.

If such resident is similarly exempted from Pulton County or Coweta County ad valorem taxes, proof of such exemption will qualify such resident for the City of Palmetto for the $4,000.00 tax exemption contemplated herein."

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 that residents of the City of Palmetto who
( ) NO are sixty-five years of age or older and who do not have an income from all sources exceeding $4,000.00 shall be granted an exemption of $4,000.00 on their homestead 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.

On the adoption of the substitute, the ayes were 49, 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.

1532

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Thompson Tysinger Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Cleland Fincher

Howard Skene

Summers Ward

On the adoption of the resolution, the ayes were 49, nays 1.

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

HR 441. By Mr. Lane of the 40th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the City of East Point who are 65 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 $5,000.00 per annum, shall be granted a homestead exemption of $5,000.00 from ad valorem taxation by said City; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

MONDAY, FEBRUARY 18, 1974

1533

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution, as amended by an amendment ratified at the 1972 general election as set forth by House Resolution 234-698 adopted at the 1971 session of the General Assembly (Ga. Laws 1971, p. 959), is hereby amended by striking from said amendment, as set forth by said House Resolution 234-698, the following paragraphs:

"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all City ad valorem taxes in an amount not to exceed Four Thousand ($4,000.00) Dollars on a homestead owned and occupied by him as a residence, if his net in come, together with the net income of his spouse, who also occupies and resides at such homestead, does not exceed Four Thousand ($4,000.00) Dollars for the immediate preceding taxable year for State of Georgia income tax purposes. Any such owner as defined in this paragraph shall not receive the benefits of such homestead ex emption unless such owner has been similarly exempted from state and county ad valorem taxes by the tax commissioner of Fulton County, Georgia.

No homestead shall be subject to more than one exemption as provided for herein, and the value of the homestead in excess of the above-exempted amounts shall remain subject to ad valorem taxation by the City of East Point. The exemptions provided for herein shall apply to all taxable years beginning after December 31, 1972.",
and substituting in lieu thereof the following paragraphs:
"Each resident of the City of East Point who is sixty-five 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 $5,000.00 per annum, and each resident of the City of East Point who is totally disabled, except disabled veterans qualifying for the homestead exemption provided for hereinafter, 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 $5,000.00 per annum, is hereby granted an exemption of $5,000.00 on his homestead from all ad valorem taxation by the City of East Point as long as any such resident of the City of East Point actually occupies said homestead as his residence. 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 East Point, or with a person designated by the governing authority of the City of East Point, 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 governing authority of the City of East Point, or the person designated by the governing authority of the City of East Point, to make a determination as to whether

1534

JOURNAL OP THE SENATE,

such owner is entitled to such exemption. If such resident is quali fied to receive the old age homestead exemption of $4,000.00 from Fulton County ad valorem taxes, proof of such exemption will qualify such resident for the City of East Point homestead exemp tion of $5,000.00 provide for herein. The governing authority of the City of East Point, or the person designated by the said governing authority, shall provide affidavit forms for this purpose.

No homestead shall be subject to more than one exemption as provided for herein, and the value of the homestead in excess of the above-exempted amounts shall remain subject to ad valorem taxation by the City of East Point. The exemptions provided for herein shall apply to all taxable years beginning after December 31, 1974."

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 East Point who are 65
( ) 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 exceed ing $5,000.00 per annum, shall be granted a home stead exemption of $5,000.00 from ad valorem taxa tion by said City?"

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox

Dean Doss Duncan Eldridge Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Hudgins Jackson

MONDAY, FEBRUARY 18, 1974

1535

Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Smalley Smith Starr Stephens Thompson Tysinger Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Cleland Fincher

Howard Skene

Summers Ward

On the adoption of the resolution, the ayes were 49, nays 1.

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

HR 523. By Messrs. Bohannon and Patterson of the 64th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the homestead of residents of the City of Bowden who are 65 years of age or over and have limited incomes shall be granted a homestead exemption of $6,000 from all ad valorem taxation by said city; 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 Constitution is hereby amended by adding at the end thereof the following:
"The homestead of each resident of the City of Bowden who is 65 years of age or over, if such resident meets the income qual ifications hereinafter set forth, is hereby granted an exemption of

1536

JOURNAL OF THE SENATE,

$6,000 from all ad valorem taxes levied by said city. The exemption provided by this paragraph shall not apply to any homestead which is not actually occupied by the owner as a residence, and if the owner had an income from all sources, including the income of his spouse who also occupies and resides at such homestead, which ex ceeded $4,000 for the immediately preceding calendar year. Federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse. Any such resident shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the governing authority or a person designated by the governing authority of the City of Bowden, giving his age and the amount of income which he and his spouse received during the preceding year, and such additional information relative to receiving the benefits of such homestead exemption as will enable the governing authority or a person designated by the governing authority of the City of Bowden, to make a determination as to whether such resident and owner is entitled to such exemption. The value of the homestead in excess of the exemption authorized herein shall remain subject to ad valorem taxation by the City of Bowden. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1974."
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 that the homestead of residents of the City of Bowden who are 65 years of age or over and have limited incomes shall be granted a homestead
( ) NO exemption of $6,000 from all 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 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 by the President, and the vote was as follows:

MONDAY, FEBRUARY 18, 1974

1537

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Smalley Smith
Starr Stephens Thompson Tysinger Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Cleland Fincher

Howard Skene

Summers Ward

On the adoption of the resolution, the ayes were 49, nays 1.

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

HR 624. By Messrs. Wood, Whitmire and Williams of the 9th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Forsyth County to levy, assess and collect a license fee from any person, firm or corporation who may maintain a place of business or who may in any manner engage in any type of business in any area of Forsyth County outside the in corporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Forsyth County; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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JOURNAL OF THE SENATE,

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

"The Board of Commissioners of Forsyth County is hereby authorized and empowered to levy, assess and collect a license fee from any person, firm or corporation, except those subject to reg ulation 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 Forsyth County outside the incorporated limits of municipalities. To provide for public welfare, health and security of the people of Forsyth 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 regula tions adopted by the board shall constitute a misdemeanor punish able 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 au thorize and empower the Board of Commissioners of Forsyth County to levy, assess and collect a license fee from any person, firm or corporation
( ) NO who may maintain a place of business or who may in any manner engage in any type of business in any area of Forsyth County outside the incorpo rated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Forsyth County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

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

MONDAY, FEBRUARY 18, 1974

1539

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan S alter Smalley Smith Starr Stephens Thompson Tysinger Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Cleland Fincher

Howard Skene

Summers Ward

On the adoption of the resolution, the ayes were 49, nays 1.

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

HR 629. By Messrs. Mason of the 59th and Wall of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Gwinnett County to levy an annual tax not to exceed two mills per dollar on all taxable property located therein to provide funds to pay or to be applied toward the cost of operating and maintaining the water and sewerage system of Gwinnett County or the water or water and sewerage system of the Gwinnett County Water and Sewerage Authority, or both, and to pay, in whole or in part, the principal of and interest on water and sewerage revenue bonds here tofore issued and hereafter issued, from time to time, by Gwinnett County or water or water and sewerage revenue bonds of the Gwinnett County Water and Sewerage Authority, or both, and to provide funds for making additions, extensions and improvements to said water and

1540

JOURNAL OF THE SENATE,

sewerage system or water or water and sewerage system, or both; 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 IV, Paragraph II of the Consti tution is hereby amended by adding at the end thereof the following:

"The governing authority of Gwinnett County is hereby autho rized to levy an annual tax, in addition to any other tax authorized to be levied, not to exceed two mills per dollar on all taxable prop erty located in said County. The proceeds of such tax shall be used to pay or be applied toward the cost of operating and maintaining the water and sewerage system of Gwinnett County or the water or water and sewerage system of the Gwinnett County Water and Sewerage Authority, or both, and to pay, in whole or in part, the principal of and interest on water and sewerage revenue bonds here tofore issued and hereafter issued, from time to time, by Gwinnett County or water or water and sewerage revenue bonds of the Gwinnett County Water and Sewerage Authority, or both, and to provide funds for making additions, extensions and improvements to said water and sewerage system or water or water and sewerage system, or both.

Said levy and the appropriation of said funds for the afore said purposes shall not lapse and shall commence with the year thereof and shall continue from year to year thereafter in the full amount in accordance with the proceedings authorizing the same in connection with the issuance from time to time of water and sewerage revenue bonds by Gwinnett County or of water or water and sewerage revenue bonds by the Gwinnett County Water and Sewerage Authority, or both.
This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to Gwinnett County and the Gwinnett County Water and Sewerage Authority not inconsistent 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, 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 governing authority of Gwinnett County to levy an annual tax not to exceed two mills per dollar on all taxable property located
( ) NO in Gwinnett County and to provide that the pro-

MONDAY, FEBRUARY 18, 1974

1541

ceeds of such tax shall be used to pay or to be applied toward the cost of operating and main taining the water and sewerage system of Gwinnett County or the water or water and sewerage system of the Gwinnett County Water and Sewer age Authority, or both, to pay, in whole or in part, the principal of and interest on water and sew erage revenue bonds heretofore issued and here tofore issued, from time to time, by Gwinnett County or water or water and sewerage revenue bonds of the Gwinnett County Water and Sewer age Authority, or both, and to provide funds for making additions, extensions and improvements to said water and sewerage system or water or water and sewerage system, or both?"

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton
Henderson

Herndon Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Thompson Tysinger Warren Wasden Webb Young Zipperer

1542

JOURNAL OF THE SENATE,

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Cleland Fincher

Howard Skene

Summers Ward

On the adoption of the resolution, the ayes were 49, nays 1.

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

HR 653. By Messrs. Bennett and Reaves of the 124th:
A RESOLUTION
Proposing an amendment to the Constitution so as to establish the Central Valdosta Development Authority and to provide for the powers, duties, and responsibilities of said authority; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following:
"1. There is hereby created in the City of Valdosta, Lowndes County, Georgia, the Central Valdosta Development Authority, to be composed 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 Valdosta Area, as hereinafter defined, or officers at the time of appointment of a corporation or other association owning such real estate or in fee or for life of an undivided interest in such real estate, and they shall be eligible to serve for the term for which they are appointed; one member shall be the Mayor of the City of Valdosta by virtue of his office and two (2) members shall be, at the time of their appointment, merchants or professional people operating businesses or practicing professions within the Central Valdosta Area, as hereinafter defined. The Mayor of the City of Valdosta shall serve during his term of office as mayor. Three (3) of the other six (6) members shall be appointed by the Mayor and Council of the City of Valdosta for a period of one (1) year, and three (3) shall be appointed for a period of two (2) years, and thereafter the terms of the six (6) appointed members shall be two (2) years.

MONDAY, FEBRUARY 18, 1974

1543

2. The Central Valdosta Area shall consist of that area bounded on the north by Magnolia street, on the east by Lee Street, on the south by Branch Street and on the west by Toombs Street. Said Area shall include all properties abutting on the north side of Magnolia Street, the east side of Lee Street, the south side of Branch Street and the west side of Toombs Street within the area described.
3. The Central Valdosta 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 or intangible at public or private sale with or without advertisement, and to do all things necessary to the accomplishment of its purposes.
4. The purpose of said Authority shall be the redevelopment and improvement of the Central Valdosta Area, and said Authority shall have the power to employ engineers, architects, surveyors, landscape architects, planners and others in the furtherance of its purpose, to assist public bodies and private owners in the improve ment of public and private properties by assisting in the planning therefor, to contract for the construction, remodeling, altering and demolition of buildings, and to contract with the City of Valdosta and other public bodies for the construction, reconstruction, altering and changing streets, alleys and malls.

5. The Authority shall have the power to create special tax districts within the Central Valdosta Area to levy and collect taxes within each of said districts not exceeding five (5) mills based on values fixed by the tax digest of the City of Valdosta, Georgia, or the tax digest of the County of Lowndes as provided by law, to defray the costs of the foregoing, and to issue executions and en force payment of same in the same manner as tax executions for the City of Valdosta are issued and enforced by the City Marshal. Such executions shall be issued in the name of the Authority and shall be signed by an Authority member as chairman or clerk. Said tax executions shall bear interest and fi. fa. costs at the same rate and amount as tax executions of the City of Valdosta.

6. The Authority shall have the power to issue notes or other evidences of indebtedness including revenue bonds or revenue certificates, and to pledge revenues and to levy and collect taxes as hereinabove provided for the retirement of said indebtedness and to issue executions for enforcement thereof as provided in Paragraph 5, provided, however, that the aggregate levy of taxes as provided for in Paragraph 5 and this paragraph shall not exceed five (5) mills. Obligations of the Authority may be secured by the pledge or conveyance of all or any part of its assets, real or personal, tangible or intangible, but the obligations of the Authority shall
not be obligations of the City of Valdosta or the State of Georgia. The Authority shall have the right to accept gifts and grants from whatever source and use them for its general purpose. The property, obligations and the interest on the obligations of the Authority shall have the same exemptions from taxation as the property, obligations and interest on the obligations of the City of Valdosta.

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JOURNAL OF THE SENATE,

7. No taxes shall be levied by said Authority for any purpose against property other than real property or against any real property occupied by the owner exclusively as a residence or against any real property not subject to taxation by the City of Valdosta.

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.

9. No funds of the Authority, except for planning, engineering and design, shall be spent on the improvement of private property.

10. 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 may enlarge the same and may like wise further regulate the management and conduct of the Authority not inconsistent 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, 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 es tablish the Central Valdosta Development Author-
( ) NO ity 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 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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox

MONDAY, FEBRUARY 18, 1974

1545

Dean Doss Duncan Eldridge
Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Hudgins Jackson

Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Smalley Smith Starr Stephens Thompson Tysinger Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Cleland Fincher

Howard Skene

Summers Ward

On the adoption of the resolution, the ayes were 49, nays 1.

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

HR 654. By Messrs. Reaves and Bennett of the 124th:
A RESOLUTION
Proposing an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to delegate to the respective gov erning authorities of the City of Valdosta, and County of Lowndes, authority to merge and consolidate, by joint resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Valdosta and of the County of Lowndes relating to the time, manner and method for the return, col lection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Valdosta, County of Lowndes and State of Georgia and respecting any and all other matters relating or incident to the same; 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:

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JOURNAL OF THE SENATE,

Section 1. Article XI, Section I, Paragraph VI of the Constitution of Georgia is hereby amended by adding at the end thereof a new paragraph to read as follows:

"Provided, however, that notwithstanding any provision of law or of this Constitution to the contrary, the respective governing authorities of the City of Valdosta and the County of Lowndes may, solely by their joint resolution, consolidate, merge, and combine the offices, officers and functions of the City and of the County relat
ing to the time, manner and method for the return, collection, prop erty assessment, notice of property assessment, hearing, appeal, arbi tration or review of property assessment, lien, priority of lien and col
lection of ad valorem taxes levied by the City of Valdosta and Coun ty of Lowndes 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 mat ters and functions; provided further, however, that the Tax Com missioner of the County of Lowndes, as elected from time to time pursuant to law applicable to such office, shall be in charge of such combined and consolidated tax office and function, and such Tax Commissioner shall additionally perform the duties of his office as Tax Commisisoner as required by law; provided further, that any provision of law or of this Constitution to the contrary, the said Tax Commissioner shall be compensated by the City of Valdosta for the additional duties and responsibilities hereby imposed which
compensation shall be in addition to that compensation heretofore or hereafter provided by law to be paid to him by the County of Lowndes said compensation to be agreed upon by said Tax Com missioner and the City of Valdosta annually or in the event a dis agreement shall arise between the City of Valdosta and said Tax Commissioner or there shall be a failure to reach an agreement by the 31st day of January of each year, then the City of Valdosta or the Tax Commissioner shall be authorized to appeal to arbitration. In such event the City of Valdosta and the Tax Commissioner shall, within three days of the appeal to arbitration, name their respective arbitrators, each of them naming one arbitrator, and the two arbitrators so appointed shall choose a third arbitrator. In the event the two arbitrators so chosen are unable to agree on a third arbitrator within five days, the Judge of the Superior Court shall appoint a third arbitrator. Thereafter, the determination and judg ment rendered by such arbitration committee shall be made within ten days, and the decision of such committee shall be the compen sation to the Tax Commissioner from City of Valdosta for that year and paid monthly; provided further, that the powers herein delegated may be exercised from time to time and either together, separately or in any combination of the same; provided, however, that such action may be changed, superseded, or revoked by leg islative action which Act shall be binding on the City and County until subsequently changed by the General Assembly; and provided further that nothing herein shall be construed to authorize any change in the ad valorem tax millage limitation prescribed by any
legislative Act."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each

MONDAY, FEBRUARY 18, 1974

1547

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 dele gate to the respective governing authorities of the City of Valdosta and County of Lowndes authority to merge and consolidate, by joint
( ) NO resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Valdosta and the County of Lowndes relating to the time, manner and method for the return, collection, property assessment, notice of property assess ment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Valdosta, County of Lowndes and State of Georgia and respecting any and all other matters relating or incident to the same?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th

Brown of 47th Carter Coggin Coverdell

Cox Dean Doss Duncan

1548
Eldridge Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Hudgins Jackson Johnson Kennedy

JOURNAL OF THE SENATE,

Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan

Salter Smalley Smith Starr Stephens Thompson Tysinger Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Cleland Fincher

Howard Skene

Summers Ward

On the adoption of the resolution, the ayes were 49, nays 1.

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

HR 655. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that each resident of the City of Riverdale who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $2,000 from all ad valorem taxation by said city; to provide that federal oldage, survivor or disability benefits shall not be counted in the computa tion of income for either the resident and owner of the homestead or his spouse; 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 IV of the Constitution is hereby amended by adding at the end thereof the following:

MONDAY, FEBRUARY 18, 1974

1549

"Any other provisions of this Constitution to the contrary not withstanding, each resident of the City of Riverdale who is 65 years of age or over is hereby granted an exemption of $2,000 from all ad valorem taxes levied by the City of Riverdale on the homestead owned and occupied by him as a residence, as provided herein. To qualify for the homestead exemption, the resident and owner of the homestead must not have an income from all sources, including the income of his spouse who also occupies and resides at such homestead, exceeding $4,000 per annum. Federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse. Any such resident shall not receive the benefits of such homestead exemption unless he, or through his agent, files an af fidavit with the governing authority or a person designated by the governing authority of the City of Riverdale, giving his age and the amount of income which he and his spouse received during the preceding year, such additional information relative to receiving the benefits of such homestead exemption as will enable the gov erning authority or a person designated by the governing authority of the City of Riverdale, to make a determination as to whether such resident and owner is entitled to such exemption. The governg authority or a person designated by the governing authority of the City of Riverdale shall supply affidavit forms for this pur.pose. If such resident and owner is qualified to receive the old-age homestead exemption of $4,000 from Clayton County ad valorem tax es, proof of such exemption shall qualify such resident and owner of the City of Riverdale for the homestead exemption of $2,000 provided for herein. No homestead shall be subject to more than one exemp tion, and the value of the homestead in excess of the exemption authorized herein shall remain subject to ad valorem taxation by the City of Riverdale. The exemptions provided for herein shall apply to all taxable years beginning after December 31, 1974."

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 that each resident of the City of Riverdale who is 65 years of age or over and who does not have an income from all sources exceeding $4,000
( ) NO per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $2,000 from all ad valorem taxation by said city and to provide that federal old-age, survivor or dis ability benefits shall not be counted in the com putation of income for either the resident and owner of the homestead or his spouse?"

All persons desiring to vote in favor of ratifying the proposed

1550

JOURNAL OF THE SENATE,

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Thompson Tysinger Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Cleland Fincher

Howard Skene

Summers Ward

On the adoption of the resolution, the ayes were 49, nays 1.

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

MONDAY, FEBRUARY 18, 1974

1551

HR 656. By Messrs. Davis, Floyd and Horton of the 56th and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the the General Assembly to provide by law for the abolishment of the fee system of compensating justices of the peace and notary public ex officio justices of the peace of DeKalb County and to provide a salary for said officers in lieu of said fees and for qualifications for said of ficers and for other 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 VI, Section VII of the Constitution is hereby amended by adding at the end thereof the following:

"The General Assembly is hereby authorized to provide by law for the abolishment of the fee system of compensation for jus tices of the peace and notary public ex officio justices of the peace of DeKalb County and to provide a salary for said officers in lieu of said fee system. The General Assembly shall be further autho rized to provide by law for qualifications to hold the office of justice of the peace or notary public ex officio justice of the peace in DeKalb County. The General Assembly shall be further authorized to provide by law for the disposition of fees formerly allowed such officers effective at the time the fee system is abolished for said officers and a salary is provided in lieu thereof. The General As sembly shall be further authorized to provide by law for the pay ment of salaries of said justices of the peace and notary public ex officio justices of the peace of DeKalb County from any funds avail able to said County 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, 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 for the abolishment of the fee system of compen-
( ) NO sating justices of the peace and notary public ex officio justices of the peace of DeKalb County and to provide a salary for said officers in lieu of said fees and for qualifications for said of ficers and for other matters relative to the fore going?"

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JOURNAL OP THE SENATE,

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The 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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Thompson Tysinger Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Cleland Fincher

Howard Skene

Summers Ward

On the adoption of the resolution, the ayes were 49, nays 1.

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

MONDAY, FEBRUARY 18, 1974

1553

HR . 53. By Messrs. Bennett, Patten and Reaves of the 124th: A resolution compensating Mrs. Era S. Davis.

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Pincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens Button Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators: Cleland and Summers.

On the adoption of the resolution, the ayes were 54, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 454. By Messrs. Rogers and Harden of the 128th: A resolution compensating Mr. Joseph P. Barone.

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

1554

JOURNAL OP THE SENATE,

The resolution involving an appropriation, a roll call was ordered by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Pincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens Button Thompson Tvsinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators: Cleland and Summers.

On the adoption of the resolution, the ayes were 54, nays 0.

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

HR 462. By Mr. Burruss of the 21st: A resolution compensating Mr. & Mrs. Robert Helt.

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox

Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins

MONDAY, FEBRUARY 18, 1974

1555

Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan

Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators: Cleland and Summers.

On the adoption of the resolution, the ayes were 54, nays 0.

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

HR 470. By Mr. Lane of the 40th: A resolution compensating Mrs. Charlotte H. Bruce.

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean

Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester

1556
London McDuffie McGill Moore Overby Parker Reynolds Riley

JOURNAL OF THE SENATE,

Rowan Salter Skene Smalley Smith Starr Stephens Sutton

Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators: Cleland and Summers.

On the adoption of the resolution, the ayes were 54, nays 0.

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

HR 490. By Mr. Shanahan of the 7th: A resolution compensating Mrs. Dave Sexton.

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell
Cox
Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators: Cleland and Summers.

MONDAY, FEBRUARY 18, 1974

1557

On the adoption of the resolution, the ayes were 54, nays 0.

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

HR 539. By Mr. Bostick of the 123rd: A resolution compensating Mr. John C. Edmonson, Jr.

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds
Riley Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators: Cleland and Summers.

On the adoption of the resolution, the ayes were 54, nays 0.

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

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JOURNAL OF THE SENATE,

HR 556. By Mr. Logan of the 62nd: A resolution compensating Mr. Craig Loehle.

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators: Cleland and Summers.

On the adoption of the resolution, the ayes were 54, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 558. By Mr. Logan of the 62nd: A resolution compensating Mr. Aaron Franklin Whitehead.

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

MONDAY, FEBRUARY 18, 1974

1559

The resolution involving an appropriation, a roll call was ordered by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway
Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators: Cleland and Summers.

On the adoption of the resolution, the ayes were 54, nays 0.

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

HR 564. By Mr. Gignilliat of the 105th: A resolution compensating Brock Corbin.

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox

1560
Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins

JOURNAL OF THE SENATE,

Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan

S alter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators: Cleland and Summers.

On the adoption of the resolution, the ayes were 54, nays 0.

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

HR 565. By Mr. Gignilliat of the 105th: A resolution compensating James Minter.

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 by the President and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 46th Carter Coggin Coverdell Cox Dean

Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester

London McDuffie McGill Moore Overby Parker Reynolds Riley

MONDAY, FEBRUARY 18, 1974

1561

Rowan Salter Skene Smalley Smith Starr Stephens Sutton

Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators: Cleland and Summers. On the adoption of the resolution, the ayes were 54, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 566. By Mr. Gignilliat of the 105th: A resolution compensating Joseph A. Bryan.

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker
Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Pincher Garrard

Gillis Hamilton
Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester

London McDuffie
McGill Moore Overby Parker Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens

1562
Sutton Thompson Tysinger

JOURNAL OP THE SENATE,

Ward Warren Wasden

Webb Young Zipperer

Not voting were Senators: Cleland and Summers.

On the adoption of the resolution, the ayes were 54, nays 0.

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

Senator Ward of the 39th filed the following statement with the Secretary of the Senate:
"I supported the following local resolutions which were Constitu tional Amendments:
HR 136 HR 441 HR 523 HR 624 HR 629 HR 653 HR 654 HR 655 HR 656."

Senator Howard of the 42nd filed the following statement with the Secretary of the Senate:
"I supported the following local resolutions which were Consti tutional Amendments:
HR 136 HR 441 HR 523 HR 624 HR 629 HR 653 HR 654 HR 655 HR 656.
I missed the vote because I was in the Office of the Governor."

The following reports of the standing committees were read by the Secretary:

MONDAY, FEBRUARY 18, 1974

1563

Senator Holley of the 22nd District, Chairman of the Committee on Banking & 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 recommendation:
HB 164. Do pass by substitute.

Respectfully submitted, Holley of 22nd District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
HB 1527. Do pass. HB 1849. Do pass. HB 1870. Do pass. HB 1883. Do pass. HB 1919. Do pass. HB 1943. Do pass. HB 1944. Do pass. HB 1946. Do pass. HB 1965. Do pass. HB 1966. Do pass. HB 1967. Do pass. HB 1976. Do pass. HB 1977. Do pass. HB 1978. Do pass. HB 1979. Do pass. HB 1980. Do pass. HB 1993. Do pass.

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JOURNAL OF THE SENATE,

HB 1994. Do pass. HR 460. Do pass. HE 516. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Hudgins of the 15th District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. President:
Your Committee on Defense and Veterans Affairs has had under considera tion the following resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 562. Do pass.
Respectfully submitted, Hudgins of 15th District, Chairman.

Senator Starr of the 44th District, Chairman of the Committee on Elementary and Secondary Education, submitted the following report:
Mr. President:
Your Committee on Elementary and Secondary Education has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1815. Do pass by substitute.
Respectfully submitted, Starr of 44th District, Chairman.
Senator Hill of the 29th District, Chairman of the Committee on Interstate Cooperation, submitted the following report:
Mr. President:
Your Committee on Interstate Cooperation has under consideration the

MONDAY, FEBRUARY 18, 1974

1565

following resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HR 574. Do pass.

Respectfully submitted, Hill of 29th District, Chairman.

Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special 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 84. Do pass as amended. SB 527. Do not pass. SB 682. Do pass. HB 1633. Do pass. HB 1764. Do pass.
Respectfully submitted, Cox of 21st District, Chairman.

Senator Zipperer of the 3rd 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 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 716. Do pass. HB 1763. Do pass.
Respectfully submitted, Zipperer of 3rd District, Chairman.

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JOURNAL OF THE SENATE,

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

SB 716. By Senators Young of the 13th, Zipperer of the 3rd, Moore of the 56th and others:
A bill to amend Code Section 32-111, providing for the compensation and expenses for members of the Board of Regents, as amended, so as to change the provisions relating to compensation and expenses of members of the Board of Regents; to change the maximum number of days for which a member may receive expenses.

HB 164. By Messrs. Lambert of the 97th and Wood of the 9th:
A bill to amend the Georgia Insurance Code, so as to add a new Code Section 59-322 prohibiting lending institutions and public utilities, and their holding companies from engaging in selling insurance in places exceeding 5,000 population, except for credit life, accident and sickness insurance.

HB 1763. By Mr. Matthews of the 62nd:
A bill to amend an Act providing campus policemen and other security personnel of the University System of Georgia with arrest powers for offenses committed upon University System property.
HR 562. By Mr. Ware of the 65th and others:
A resolution proposing an amendment to the Constitution so as to in crease the homestead exemption for certain disabled veterans; to change the definition of the term "disabled veteran"; to provide for a homestead exemption for the unremarried widow or minor children of certain disabled veterans.

HR 574. By Messrs. Adams and Smith of the 74th and others:
A resolution supporting and endorsing the construction of the Spewrell Bluff Dam Project authorized by P. L. 88-233, approved December 30, 1963.

SB 682. By Senators Skene of the 27th, Webb of the llth, Herndon of the 10th and others:
A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain posttrial pro cedures in civil cases, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, so as to change the provisions relating to default judgments; to provide for other matters relevant thereto.

MONDAY, FEBRUARY 18, 1974

1567

HB 1633. By Messrs. Busbee, Hutchinson, Hatcher and Odom of the 114th:
A bill to provide for an additional Judge of the Superior Court of the Dougherty Judicial Circuit; to provide for the appointment of the first additional Judge by the Governor.

HB 1764. By Mr. Brown of the 89th:
A bill to amend the "Georgia Criminal Justice Act", so as to create a Criminal Justice Commission of the State of Georgia.

HB 1815. By Messrs. Burton of the 47th, Wheeler of the 127th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide certain requirements relative to the certification of teachers, principals and guidance counselors.

HB 1527. By Mr. Matthews of the 62nd:
A bill to amend an Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, so as to provide that any present or future employee of the Department of Urban Renewal of the City of Athens shall be entitled to an option as to whether or not to participate in or decline coverage under the Pension Plan of the City of Athens.

HB 1849. By Messrs. Dollar of the 63rd, Bohannon and Patterson of the 64th:
A bill to create the Douglasville-Douglas County Water Authority; to authorize the Authority to acquire, construct, add to, extend, improve, equip, operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities.

HB 1870. By Mr. Peters of the 2nd:
A bill to amend an Act incorporating the City of Ringgold, so as to change the corporate limits of the City of Ringgold; to change the provisions relating to the compensation of the mayor and aldermen.

HB 1883. By Mr. Gignilliat of the 105th:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah.

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JOURNAL OF THE SENATE,

HB 1919. By Mr. Matthews of the 62nd:
A bill to amend an Act approved August 24, 1872 entitled "An Act to amend the charter of the Town of Athens. . .", so as to empower the governing authority of the Mayor and Council by ordinance to impose, assess, levy and collect an excise or transfer, or the dispensing of malt beverages and wine by wholesale dealers thereof within the City of Athens.

HB 1943. By Mr. Ritchie of the llth:
A bill to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner of Habersham County; so as to change the maximum salary which the tax commissioner may be paid.

HB 1944. By Mr. Ritchie of the llth:
A bill to amend an Act abolishing the fee system and providing an annual salary for the Ordinary of Habersham County, so as to change the provisions relative to the clerk of the ordinary.

HB 1946. By Messrs. Coleman, Jessup and Larsen of the 102nd:
A bill to amend an Act creating a new charter for the City of Eastman, so as to provide that all obligations or debts of the city shall be paid only upon warrants or vouchers.

HB 1965. By Mr. Bray of the 66th:
A bill to amend an Act providing for the compensation of the chairman and members of the Board of Commissioners of Meriwether County, so as to change the compensation of the chairman and members of the Board of Commissioners of Meriwether County.

HB 1966. By Mr. Oxford of the 101st:
A bill to amend an Act creating the State Court of Sumter County, formerly the Civil and Criminal Court of Sumter County, so as to permit the judge of said court to practice law in any court except the State Court of Sumter County.

HB 1967. By Messrs. Ware, Mullinax and Knight of the 65th:
A bill to amend an Act creating a new charter for the City of Hogansville in the County of Troup, so as to extend the corporate limits of the city.

MONDAY, FEBRUARY 18, 1974

1569

HB 1976. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the office of tax commissioner, so as to change the provisions relative to the compensation of the assistants for the tax commissioner.

HB 1977. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act fixing the compensation of the clerk of the superior court of Bulloch County, so as to change the provisions relative to the compensation of the deputy clerk and other assistants to the clerk.

HB 1978. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act creating a Board of Commissioners of Bulloch County, so as to change the provisions relative to clerical assistants.

HB 1979. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act providing an annual salary for the ordinary of Bulloch County, so as to change the provisions relative to the amount allowed for clerical help.

HB 1980. By Messrs. Lane and Nessmith of the 76th: A bill to amend an Act placing the sheriff of Bulloch County on an annual salary, so as to change the provisions relative to the compensa tion of the sheriff's deputies.
HB 1993. By Messrs. Dorminy and Hudson of the 115th: A bill to amend an Act placing the Clerk of the Superior Court of Worth County on a salary basis, so as to change the compensation of said officer.
HB 1994. By Messrs. Dorminy and Hudson of the 115th: A bill to provide an annual salary for the sheriff of each county in this State having a population of not less than 14,000 nor more than 15,000, to provide a procedure for fixing said salary.
HR 460. By Messrs. Bostick and Patten of the 123rd: A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from all ad valorem taxation in the amount of $2,000 to resident homeowners in the City of Tifton.

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JOURNAL OF THE SENATE,

HR 516. By Messrs. Knight, Mullinax and Ware of the 65th:
A resolution proposing an amendment to the Constitution so as to designate the Board of Water, Sewerage and Light Commissioners of the City of Newnan as the sole operational governing authority for the utility systems of the City of Newnan.

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

HB 509. By Mr. Daugherty of the 33rd:
A bill to amend Code Section 23-1705(3), so as to increase from $1,000 to $5,000 the contract price below which public works contractors need not post payment and performance bonds.
Referred to Committee on Highways.

HB 1390. By Mr. Moyer of the 99th and others:
A bill to designate certain members of the armed forces of the United States and their dependents as residents of Georgia for purposes of determination of tuition and fees at institutions of the University System of Georgia.
Referred to Committee on University System of Georgia.

HB 1505. By Mr. Logan of the 62nd and others:
A bill to create the Division of Consumer Affairs in the Department of Agriculture; to provide that the Division of Consumer Affairs shall be headed by a Director who shall be appointed by and serve at the pleasure of the Commissioner of Agriculture.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1696. By Mr. Carrell of the 71st:
A bill to amend an Act providing that buildings constructed with public funds shall be accessible to the physically handicapped, so as to change the provisions relative to elevators.
Referred to Committee on Industry and Labor.

HB 1972. By Mr. Carrell of the 71st:
A bill to provide that there shall be a board of tax assessors in certain municipalities within this State; to provide for the duties and powers of said board.
Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 18, 1974

1571

HB 2004. By Mr. Morgan of the 70th:
A bill to amend Code Section 109A-4-104, relating to definitions under Article 4 of the Uniform Commercial Code, so as to change the definition of the word "item".
Referred to Committee on Banking and Finance.

HR 230. By Messrs. Evans of the 89th and Atherton of the 19th:
A resolution proposing an amendment to the Constitution so as to expand and to authorize the General Assembly to increase or reduce the purposes for which revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State.
Referred to Committee on Banking and Finance.

The following resolution of the Senate was introduced, read the first time and referred to committee:

SR 401. By Senator Warren of the 43rd: A resolution amending the Rules of the Senate.
Referred to Committee on Rules.

Senator Lester of the 23rd asked unanimous consent to suspend the Rules of the Senate to read the following resolution of the Senate, and the consent was granted:

The following resolution of the Senate was introduced, read the first time and referred to committee:

SR 406. By Senator Lester of the 23rd:
A resolution authorizing the State Properties Control Commission to lease certain real property located in Richmond County, Georgia, to the Augusta Association for Retarded Children.
Referred to Committee on Public Utilities and Transportation.

The following reports of standing committees were read by the Secretary:

Senator Coggin of the 35th District, Chairman of the Committee on Ap propriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following

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JOURNAL OF THE SENATE,

bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1377. Do pass by substitute.

Respectfully submitted, Coggin of 35th District, Chairman.

Senator Coverdell of the 40th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 168. Do pass. HB 1428. Do pass. HB 1437. Do pass. HB 235. Do pass.
Respectfully submitted, Coverdell of 40th District, Chairman.
The following bills of the House were read the second time:

HB 1377. By Messrs. Murphy of the 18th, Busbee of the 114th and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975.

HB 168. By Messrs. Gignilliat of the 105th, Jones of the 109th and others:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change the definition of the term "teacher".

HB 235. By Mr. Groover of the 75th and others:
A bill to amend an Act entitled "An Act to provide for the creation of the office of district attorney emeritus"; to prescribe eligibility for incumbents.

MONDAY, FEBRUARY 18, 1974

1573

HB 1428. By Messrs. Northcutt of the 68th and Wheeler of the 13th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia and providing for a retirement system for the sheriffs of Georgia, so as to provide for the payment of death benefits to members of such fund and member sheriffs receiving retirement benefits from such funds.

HB 1437. By Messrs. Buck of the 87th and Farrar of the 52nd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change the provisions relating to military service credit.

Senator McDuffie of the 19th, 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 448.
Respectfully submitted, McDuffie of 19th District, Chairman.

Senator Holley of the 22nd moved that the Senate do now stand adjourned 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.

1574

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Tuesday, February 19, 1974

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today and was called to order by Senator McGill of the 24th, who was presiding.

Senator Kennedy of the 4th reported that the journal of yesterday's pro ceedings had been read and found correct.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:

HR 546. By Messrs. Cole and Foster of the 6th:
A resolution authorizing and directing the State Librarian to furnish certain law books to the judge of the Superior Court of the Conasauga Judicial Circuit.

The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

HE 1631. By Mr. Hill of the 110th:
A bill to amend an Act recreating and reestablishing the Georgia Com mission for the National Bicentennial Celebration, so as to increase the number of at-large members of the Commission.

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:

TUESDAY, FEBRUARY 19, 1974

1575

HB 214. By Mr. Burruss of the 21st and others:
A bill to exempt from all ad valorem taxation for educational purposes levied by any county or independent school district the homestead of any resident of such county or independent school district who is 62 years of age or older and has an income not exceeding $6,000 per annum.

The Speaker has appointed on the part of the House the following members thereof:
Messrs. Cole of the 6th, Wamble of the 120th and Atherton of the 19th.

The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:

HB 1600. By Mr. Noble of the 48th:
A bill to amend Code Section 26-2802, relating to cruelty to animals, so as to prohibit the sale or distribution of baby chicks, other fowl, rabbits, turtles and other non-domestic animals and reptiles as pets or novelties.

HB 1665. By Mr. Brown of the 67th:
A bill to provide that a seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to a consumer as an inducement for a sale or lease for the consumer giving to the seller or lessor the names of prospective buyers or lessees; to pro vide for the unenforceability of the agreement if entered into in viola tion of this Act.

HB 1885. By Mr. Howard of the 19th:
A bill to amend Code Section 27-102, relating to the officials who may issue warrants for arrest, so as to provide that any warrant for the arrest of a peace officer for any offense alleged to have been committed while in the performance of his duties may be issued only by a judge of a superior court, a judge of a State court, or, in certain instances, a judge of a court of ordinary.

SB 117. By Senators London of the 50th and Kidd of the 25th:
A bill to amend an Act creating the office of District Attorney Emeritus and creating the District Attorneys' Retirement Fund, as amended, so as to change the amount of the payment.

1576

JOURNAL OF THE SENATE,

HB 1589. By Mr. Townsend of the 24th:
A bill relative to unlawful discrimination practices; to provide for a declaration of policy.

The House has agreed to the Senate amendments to the following bills of the House, to-wit:

HB 1872. By Mr. Irvin of the 10th:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the provisions relative to said board of commis sioners; to provide the voters with certain options relative to the govern ing authority of Stephens County by referendum election.

HB 1907. By Messrs. Morgan of the 70th and Tucker of the 69th:
A bill to amend an Act repealing an Act incorporating the City of Covington and granting a new charter to the City of Covington, so as to change the provisions relating to the election of the mayor and councilmen.

The House has adopted the report of the Committee of Conference on the fol lowing bill of the House, to-wit:

HB 1376. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st:
A bill to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1974, in addition to any other appropriations made for the operation of the departments and agencies of the State.

The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

HB 1435. By Mr. Evans of the 89th:
A bill to amend Code Section 46-406, relating to judgment against de fendant and to default judgment against a garnishee on failure to answer, so as to change the term "applications for garnishments" to "summonses for garnishments".

HB 1392. By Mr. Busbee of the 114th: A bill to amend an Act known as the "Georgia Pesticide Use and Appli-

TUESDAY, FEBRUARY 19, 1974

1577

cation Act", so as to limit application of surety bonds and liability insurance policies required of applicant's for pesticide applicator's licenses.

HB 1571. By Messrs. Colwell of the 4th, Rush of the 104th and others:
A bill to amend an Act entitled the "Minimum Foundation Program of Education Act", so as to provide that the minimum foundation program of education offered to "isolated schools" shall meet at least the minimum requirements and standards provided by the State Board of Education for public schools.

HB 1755. By Messrs. Johnson, Bailey, Lee and Northcutt of the 68th:
A bill to amend Code Chapter 92-69, relating to the powers and duties of the county boards of tax assessors, so as to change the contents of the notice required to be given by the board of county tax assessors; to pro vide that the members and alternate members of the county board of equalization shall be selected from the grand jury list.

HB 1833. By Mr. Brown of the 67th:
A bill to repeal an Act authorizing State employees to run for and hold office in any government of any municipality having a population of 1,000 persons or less.

HB 1741. By Messrs. Howard of the 19th, Adams of the 14th and others:
A bill to provide that before an indictment against a peace officer charg ing such officer with a crime which is alleged to have occurred while he was in the performance of his duties shall be laid before a grand jury, the rights provided in Code Section 89-9908, relating officials, shall be afforded such officer, and such officer shall be notified of such contem plated action by the district attorney of the county wherein the grand jury shall convene.

HB 1394. By Messrs. Savage of the 30th, Chance of the 112th and others:
A bill to amend an Act creating the Department of Public Safety, so as to provide for a decal containing certain information to be placed on honorary driver's licenses; to provide for placing said decal on current licenses.
HB 1596. By Mr. Farrar of the 52nd:
A bill to amend an Act requiring the State Revenue Commissioner to examine the tax digests of the several counties for the purpose of ascer taining whether the violation of the various classes of property in the respective counties is uniform, so as to provide for adjustment of millage rate by boards of education.

1578

JOURNAL OF THE SENATE,

HB 1765. By Messrs. McDaniell of the 20th and Busbee of the 114th:
A bill to amend as 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 include real estate within the provisions of said Act.

HB 1996. By Mrs. Hamilton of the 31st and others:
A bill to amend Code Chapter 88-18, relating to Hospital Authorities, so as to authorize the State of Georgia to make grants to hospital authorities; to provide that the Department of Human Resources shall administer such grants.

HB 1817. By Messrs. Howard of the 19th, Logan of the 62nd and others:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", and an Act known as the Georgia Police Academy from the Peace Officers' Standards and Training Council to the Board of Public Safety; to create the position of Superintendent of the Police Academy.

HB 1415. By Messrs. Atherton of the 19th, Duke and Nix of the 20th:
A bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, so as to provide for an excise tax which shall be imposed on malt beverages by municipalities and coun ties; to provide for a reporting system for the payment of such excise taxes on the sale of malt beverages.

HB 1536. By Mr. Larsen of the 102nd:
A bill to amend an Act known as the "Georgia Post Mortem Examina tion Act", so as to authorize a medical examiner or his designee to obtain a blood sample from any person admitted to a hospital or morgue whenever any such person is unable to give his consent to the taking of a sample of blood for analytical purposes.

HB 1537. By Mr. Larsen of the 102nd:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to change the qualifications of medical or labora tory technicians or aides who withdraw blood from patients for the pur pose of determining the alcohol content therein.

HB 1713. By Messrs. Gignilliat of the 105th and Ellis of the 107th:
A bill to create a Metropolitan Area Planning and Development Com mission in each Standard Metropolitan Statistical Area of this State

TUESDAY, FEBRUARY 19, 1974

1579

which includes a county within such area having a population of more than 180,000 but less than 190,000.

The House has adopted the following resolutions of the House and Senate, to-wit:

HR 725. By Mr. Eraser of the 112th:
A resolution pertaining to the cutting of forest timber from our Na tional Forests.

SR 290. By Senators London of the 50th, Smith of the 34th and others:
A resolution expressing regrets at the passing of Honorable J. Henry Castleman.

SR 378. By Senators Holley of the 22nd and Lester of the 23rd: A resolution expressing regret at the passing of Mr. Sherman Drawdy.

The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 496. By Senator Coggin of the 35th:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", approved Apr. 6, 1972, as amended, so as to create the Georgia Bureau of Investigation; to provide for the transfer of the State Crime Laboratory and its functions to the Georgia Bureau of Investigation.

The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:

HR 475. By Messrs. Morgan of the 70th, Brown of the 67th and others: A resolution creating the Bank Holding Company Study Committee.

HR 678. By Messrs. Hatcher, Hutchinson, Odom and Busbee of the 114th:
A resolution authorizing the State Librarian to furnish the new Judge of the Superior Court of the Dougherty Judicial Circuit with certain books.

1580

JOURNAL OF THE SENATE,

HR 432, By Mr. Russell of the 53rd: A resolution creating the Family Court Study Commission.

The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

HB 1329. By Messrs. Wamble of the 120th and Collins of the 122nd:
A bill to amend Code Section 68-502, relating to the definition of certain terms as they pertain to the regulation of motor contract carriers, so as to provide that motor contract carriers shall not include motor vehicles engaged in the transportation of liquid fertilizer, nursery stock, or sod grass.

The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:
HR 658. By Mr. Hays of the 1st: A resolution authorizing the conveyance of certain State-owned real prop erty located in Union County, Georgia, to the United States; authorizing the acceptance of certain property owned by the United States and located in Union County.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 1011. By Mr. Atherton of the 19th: A bill to authorize counties and certain municipalities to levy a local income tax; to provide for the administration and collection of such taxes.
HB 2073. By Mr. Russell of the 53rd and others: A bill to amend an Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), so as to provide for an additional assistant solicitor of said Court.
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 722. By Senator Webb of the llth: A bill to amend an Act creating a board of commissioners of roads and

TUESDAY, FEBRUARY 19, 1974

1581

revenues for Miller County, as amended, so as to provide for an elected board of commissioners; to determine a quorum; to provide for com pensation; to compensate the ordinary; to provide for purchasing.
Referred to Committee on County and Urban Affairs.

SB 723. By Senator Coverdell of the 40th:
A bill to provide that each resident of the State of Georgia who is 62 years of age or older and who has an income from all sources, including the income of certain members of the family or household, not exceeding $6,000 per annum, and who pays ad valorem taxes on a homestead, either directly or indirectly, shall receive a credit against the income tax levied by the State of Georgia in accordance with the formulas and procedures set forth in this Act.
Referred to Committee on Banking and Finance.

SR 403. By Senators Kidd of the 25th, Garrard of the 37th, Langford of the 51st and others:
A resolution creating the Medical Services Study Committee.
Referred to Committee on Rules.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1329. By Messrs. Wamble of the 120th and Collins of the 122nd:
A bill to amend Code Section 68-502, relating to the definition of certain terms as they pertain to the regulation of motor contract carriers, so as to provide that motor contract carriers shall not include motor ve hicles engaged in the transportation of liquid fertilizer, nursery stock, or sod grass.
Referred to Committee on Public Utilities and Transportation.

HB 1392. By Mr. Busbee of the 114th:
A bill to amend an Act known as the "Georgia Pesticide Use and Appli cation Act", so as to limit application of surety bonds and liability in surance policies required of applicant's for pesticide applicator's licenses.
Referred to Committee on Agriculture.

HB 1394. By Messrs. Chance of the 112th, Adams of the 14th, Russell of the 53rd and others:
A bill to amend an Act creating the Department of Public Safety, so

1582

JOURNAL OP THE SENATE,

as to provide for a decal containing certain information to be placed on honorary drivers' licenses; to provide for placing said decal on cur rent licenses.
Referred to Committee on Defense and Veterans Affairs.

HB 1415. By Messrs. Atherton of the 19th, Duke and Nix of the 20th: A bill to amend an Act relating to license and excise taxes upon the busi ness of dealing in malt beverages, so as to provide for an excise tax which shall be imposed on malt beverages by municipalities and counties; to provide for a reporting system for the payment of such excise taxes on the sale of malt beverages.
Referred to Committee on Temperance.
HB 1435. By Mr. Evans of the 89th: A bill to amend Code Section 46-406, relating to judgment against de fendant and to default judgment against a garnishee on failure to answer, so as to change the term "applications for garnishments" to "summonses for garnishments".
Referred to Committee on Special Judiciary.
HB 1536. By Mr. Larsen of the 102nd: A bill to amend an Act known as the "Georgia Post Mortem Examina tion Act", so as to authorize a medical examiner or his designee to ob tain a blood sample from any person admitted to a hospital or morgue whenever any such person is unable to give his consent to the taking of a sample of blood for analytical purposes.
Referred to Committee on Health and Welfare.

HB 1537. By Mr. Larsen of the 102nd:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways" so as to change the qualifications of medical or labora tory technicians or aides who withdraw blood from patients for the pur pose of determining the alcoholic content therein.
Referred to Committee on Highways.

HB 1571. By Messrs. Colwell of the 4th, Bennett of the 124th, Twiggs of the 4th and others:
A bill to amend an Act entitled the "Minimum Foundation Program of Education Act", so as to provide that the minimum foundation pro gram of education offered to "isolated schools" shall meet at least the

TUESDAY, FEBRUARY 19, 1974

1583

minimum requirements and standards provided by the State Board of Education for public schools.
Referred to Committee on Elementary and Secondary Education.

HB 1589. By Mr. Townsend of the 24th:
A bill relative to unlawful discrimination practices; to provide for a declaration of policy.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 1596. By Mr. Parrar of the 52nd:
A bill to amend an Act requiring the State Revenue Commissioner to examine the tax digests of the several counties for the purpose of ascer taining whether the violation of the various classes of property in the respective counties is uniform, so as to provide for adjustment of millage rate by boards of education.
Referred to Committee on Elementary and Secondary Education.

HB 1600. By Mr. Noble of the 48th:
A bill to amend Code Section 26-2802, relating to cruelty to animals, so as to prohibit the sale or distribution of baby chicks, other fowl, rabbits, turtles and other non-domestic animals and reptiles as pets or novelties.
Referred to Committee on Agriculture.

HB 1631. By Mr. Hill of the 110th:
A bill to amend an Act recreating and reestablishing the Georgia Com mission for the National Bicentennial Celebration, so as to increase the number of at-large members of the Commission.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 1665. By Mr. Brown of the 67th:
A bill to provide that a seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to a consumer as an inducement for a sale or lease for the consumer giving to the seller or lessor the names of prospective buyers or lessees; to provide for the unenforceability of the agreement if entered into in violation of this Act.
Referred to Committee on Judiciary.

1584

JOURNAL OF THE SENATE,

HB 1713. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th and others:
A bill to create a Metropolitan Area Planning and Development Com mission in each Standard Metropolitan Statistical Area of this State which includes a county within such area having a population of more than 180,000 but less than 190,000.
Referred to Committee on County and Urban Affairs.

HB 1741. By Messrs. Howard of the 19th, Adams of the 14th, Coleman of the 102nd and others:
A bill to provide that before an indictment against a peace officer charg ing such officer with a crime which is alleged to have occurred while he was in the performance of his duties shall be laid before a grand jury, the rights provided in Code Section 89-9908, relating to certain officials, shall be afforded such officer, and such officer shall be notified of such contemplated action by the district attorney of the county wherein the grand jury shall convene.
Referred to Committee on Special Judiciary.
HB 1755. By Messrs. Johnson, Bailey, Lee and Northcutt of the 68th:
A bill to amend Code Chapter 92-69, relating to the powers and duties of the county boards of tax assessors, so as to change the contents of the notice required to be given by the board of county tax assessors; to provide that the members and alternate members of the county board of equalization shall be selected from the grand jury list.
Referred to Committee on Banking and Finance.

HB 1765. By Messrs. McDaniell of the 20th and Busbee of the 114th:
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 include real estate within the provisions of said Act.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 1817. By Messrs. Howard of the 19th, Murphy of the 18th, Williams of the 9th and others:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", and an Act known as the Georgia Police Academy Act, so as to transfer authority of the Georgia Police Academy from the Peace

TUESDAY, FEBRUARY 19, 1974

1585

Officers' Standards and Training Council to the Board of Public Safety; to create the position of Superintendent of the Police Academy.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 1833. By Mr. Brown of the 67th:
A bill to repeal an Act authorizing State employees to run for and hold office in any government of any municipality having a population of 1,000 persons or less.
Referred to Committee on County and Urban Affairs.

HB 1885. By Mr. Howard of the 19th:
A bill to amend Code Section 27-102, relating to the officials who may issue warrants for arrest, so as to provide that any warrant for the arrest of a peace officer for any offense alleged to have been committed while in the peformance of his duties may be issued only by a judge of a superior court, a judge of a State court, or, in certain instances, a judge of a court of ordinary.
Referred to Committee on Special Judiciary.

HB 1996. By Mrs. Hamilton of the 31st and Mr. Daugherty of the 33rd:
A bill to amend Code Chapter 88-18, relating to Hospital Authorities, so as to authorize the State of Georgia to make grants to hospital authorities; to provide that the Department of Human Resources shall administer such grants.
Referred to Committee on Institutions and Mental Health.

HR 475. By Messrs. Morgan of the 70th, Brown of the 67th, Logan of the 62nd and others: A resolution creating the Bank Holding Company Study Committee.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HR 546. By Messrs. Cole and Poster of the 6th: A resolution authorizing and directing the State Librarian to furnish certain law books to the judge of the Superior Court of the Conasauga Judicial Circuit.
Referred to Committee on Judiciary.

1586

JOURNAL OF THE SENATE,

HR 678. By 'Messrs. Hatcher, Hutchinson, Odom and Busbee of the 114th:
A resolution authorizing the State Librarian to furnish the new Judge of the Superior Court of the Dougherty Judicial Circuit with certain books.
Referred to Committee on Judiciary.

HR 658. By Mr. Hays of the 1st:
A resolution authorizing the conveyance of certain State-owned real property located in Union County, Georgia, to the United States; autho rizing the acceptance of certain property owned by the United States and located in Union County.
Referred to Committee on Public Utilities and Transportation.

HR 432. By Mr. Russell of the 53rd: A resolution creating the Family Court Study Commission.
Referred to Committee on Special Judiciary.

HR 725. By Mr. Fraser of the 117th: Pertaining to the cutting of forest timber from our National Forests.
Referred to Committee on Natural Resources and Environmental Quality.

The following reports of standing committees were read by the Secretary:
Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 721. Do pass. SB 724. Do pass. HB 282. Do pass. HB 1503. Do pass. HB 1678. Do pass. HB 1699. Do pass. HB 1724. Do pass.

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1587

HB 1750. Do pass. HB 1757. Do pass. HB 1773. Do pass. HB 1863. Do pass. HB 1880. Do pass as amended. HB 1902. Do pass. HB 1926. Do pass. HB 1927. Do pass. HB 1928. Do pass. HB 1929. Do pass. HB 1930. Do pass. HB 1931. Do pass. HB 1932. Do pass. HB 1933. Do pass. HB 1935. Do pass. HB 1936. Do pass. HB 1937. Do pass. HB 1949. Do pass. HB 1950. Do pass. HB 1951. Do pass. HB 1952. Do pass. HB 1955. Do pass. HB 1958. Do pass. HB 1964. Do pass. HB 1991. Do pass. HB 2000. Do pass. HB 2002. Do pass. HB 2006. Do pass. HB 2008. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

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Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
HB 2010. Do pass.
HB 2012. Do pass.
HB 2013. Do pass as amended. HB 2014. Do pass.
HB 2018. Do pass.
HB 2020. Do pass.
HB 2022. Do pass.
HB 2023. Do pass.
HB 2024. Do pass. HB 2032. Do pass. HB 2035. Do pass. SB 712. Do pass by substitute. SR 27. Do pass. SR 350. Do pass by substitute. HR 541. Do pass. HR 660. Do pass as amended. HR 661. Do pass. HR 662. Do pass. HR 663. Do pass. HR 664. Do pass. HR 665. Do pass. HR 666. Do pass. HR 667. Do pass. HR 668. Do pass. HR 674. Do pass. HR 677. Do pass. HR 687. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

TUESDAY, FEBRUARY 19, 1974

1589

Senator Kidd of the 25th 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 follow ing recommendations:
SB 541. Do pass by substitute.
HB 1342. Do pass.
HB 1425. Do pass.
HB 1630. Do pass.
HB 1676. Do pass.
HB 1707. Do pass.
HB 1706. Do pass.

Respectfully submitted, Kidd of 25th District, Chairman.

Senator Pincher of the 54th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the fol lowing bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1540. Do pass. HB 1832. Do pass.
Respectfully submitted, Pincher of 54th District, Chairman.

Senator Reynolds of the 48th District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bill

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of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 244. Do pass by substitute.

Respectfully submitted, Reynolds of 48th District. Chairman.

Senator Johnson of the 38th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 703. Do pass.
Respectfully submitted, Johnson of 38th District, Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under con sideration the following bills and resolutions of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the follow ing recommendations:
SR 394. Do pass as amended. SR 406. Do pass. HB 1449. Do pass. HB 1450. Do pass by substitute. HB 1614. Do pass as amended. HB 1629. Do pass. HB 1892. Do pass. HB 1893. Do pass. HR 575. Do pass. HR 595. Do pass.

TUESDAY, FEBRUARY 19, 1974

1591

HR 634. Do pass. HR 592. Do pass. HR 635. Do pass. HR 636. Do pass.

Respectfully submitted, Brown of 47th District, Chairman.

Senator London of the 50th District, 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 Chairman, to report the same back to the Senate with the following recommendation:
SR 300. Do pass.
Respectfully submitted, London of 50th District, Chairman.

Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the follow ing bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1112. Do pass by substitute.
Respectfully submitted, Cox of 21st District, Chairman.

The following bills and resolutions of the House and Senate were read the second time:

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HB 244. By Mr. Brown of the 89th and others:
A bill to revise, classify, consolidate and modernize present laws relating to the rules of the road for traffic and to establish new laws relating thereto; to codify such laws as Title 68A of the Code of Georgia of 1933, as amended.

HR 634. By Mr. Murphy of the 18th and others:
A resolution to approve and authorize the severance of Tract 5 [presently subleased to Consolidate Atlanta Properties, Ltd. ("Consolidated")] from that certain Lease dated December 26, 1950, as amended, between the Western and Atlantic Railroad Commission, as lessor, and PeachtreeWhitehall, Inc. ("Peachtree"), as lessee ("1950 Lease").

HB 1832. By Mr. Savage of the 30th:
A bill to amend Code Chapter 84-7, relating to the practice of dentistry, so as to provide for the employment of personnel necessary to assist the Board of Dental Examiners of Georgia in the performance of their duties.

HB 1540. By Mr. Lane of the 76th:
A bill to amend an Act entitled the "Georgia Post Mortem Examination Act", so as to authorize the Department of Public Safety to reimburse the Director of the State Crime Laboratory for use of his private aircraft on official business.

SB 703. By Senators Sutton of the 9th, Doss of the 52nd and Eldridge of the 7th: A bill to provide for the use of language interpreters in certain adminis trative and judicial proceedings; to provide for the taking of an oath; to require qualifications for such interpreters; to provide for compensa tion.
SR 394. By Senator Webb of the llth: A resolution authorizing the conveyance of certain real property in Seminole County, Georgia.
SR 406. By Senator Lester of the 23rd: A resolution authorizing the State Properties Control Commission to lease certain real property located in Richmond County, Georgia, to the Augusta Association for Retarded Children.
HB 1449. By Mr. McDonald of the 12th: A bill to amend Title 68 of the Code of Georgia, relating to motor ve-

TUESDAY, FEBRUARY 19, 1974

1593

hides, so as to delete therefrom certain provisions pertaining to the drivers and equipment of motor contract carriers and motor common carriers which conflict with the rules and regulations of the Georgia Public Service Commission pertaining to motor carrier safety.

HB 1450. By Mr. McDonald of the 12th:
A bill to amend the Executive Reorganization Act of 1972, so as to authorize the Department of Public Safety to exercise jurisdiction over the drivers of motor vehicles operating as motor contract carriers or motor common carriers.

HB 1614. By Mr. Ellis of the 107th and others:
A bill to provide definitions; to provide for a declaration of purpose; to create a Motor Vehicle Commission; to provide for the licensing of motor vehicle manufacturers, factory branches and divisions, factory rep resentatives, distributors, distribution branches and divisions, distribu tion representatives, wholesalers, wholesaler's branches and divisions.

HB 1629. By Mr. Dean of the 60th:
A bill to amend an Act providing the precautions to be taken in proximity of high-voltage electric lines, so as to define for the purposes of said Act the term "person or persons responsible for the work to be done".

HB 1892. By Mr. Murphy of the 18th and others:
A bill to amend Code Section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Code", so as to define, for purposes of the State Properties Code, amendments to any existing Lease, and to prescribe the procedure to be followed in the preparation, approval and execution of said amendments; to provide a severability clause.

HB 1893. By Mr. Murphy of the 18th and others:
A bill to amend Code Section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Code".

HR 575. By Mr. Harrington of the 93rd:
A resolution authorizing the lease of certain real property located in Baldwin County.

HR 595. By Mr. Harrington of the 93rd: A resolution transferring control and jurisdiction of a tract of land

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JOURNAL OF THE SENATE,

located in Baldwin County to the State Properties Control Commission and authorizing said commission to lease said tract of land to Baldwin County and the City of Milledgeville.

HR 592. By Mr. Mullinax of the 65th:
A resolution authorizing the State Properties Control Commission to con vey to the United States Corps of Engineers certain tracts and parcels of state-owned property.

HR 635. By Mr. Harris of the 8th:
A resolution authorizing the disposal of a tract of state-owned property located in Bartow Countv.

HR 636. By Mr. Harris of the 8th:
A resolution authorizing the disposal of a tract of state-owned property located within the City of Cartersville.

SB 541. By Senator London of the 50th:
A bill to amend Code Title 47, relating to the General Assembly as amended, so as to substantially revise, modernize and supersede Code Chapter 47-10, relating to lobbying, as amended; to provide for the regu lation and disclosure of lobbying; to provide for a statement of policy; to provide for definitions; to provide for the registration of the lobbyists.

HB 1342. By Messrs. Harris of the 51st and Patten of the 124th:
A bill to regulate the practice of speech pathology and audiology; to create the Board of Examiners for Speech Pathology and Audiology.

HB 1425. By Messrs. Northcutt of the 68th and Wheeler of the 13th:
A bill to authorize the sheriffs of the various counties of this State to contract with the governing body of any municipal corporation located in the county for the purpose of providing law enforcement services to the municipal corporation; to provide for such contracts and their provisions; to provide for the exercise of certain powers by the sheriff and deputy sheriffs.

HB 1630. By Mr. Davis of the 56th and others:
A bill to amend Code Section 34-1218, relating to the installation, custody and number of vote recorders, so as to change the minimum number of

TUESDAY, FEBRUARY 19, 1974

1595

vote recorders which shall be required in each polling place using vote recorders.

HB 1676. By Messrs. Oxford of the 101st, Castleberry of the 96th and others:
A bill to amend an Act providing for pre-need funeral service contracts, so as to change certain definitions and provide for additional definitions; to require certain persons to furnish the Comptroller General with certi fied copies of their bank statement or statements showing certain infor mation.

HB 1706. By Mr. Busbee of the 114th and others:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to delete business opportunities from the purview of the Chapter; to add a definition of "referral agent" and to provide for such agent's source of compensation.

HB 1707. By Messrs. Busbee of the 114th, Moyer of the 99th, McDaniell of the 20th and others:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide for the qualifications of the members and of ficers of all partnerships and corporations involved in the real estate brokerage business.

HB 2010. By Messrs. Jessup, Larsen and Coleman of the 102nd:
A bill to amend an Act providing for a new charter of the City of Cochran, so as to make certain clarifying amendments thereto.

HB 2012. By Messrs. Pearce and Buck of the 87th, Thompson of the 85th and others:
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 estab lishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, so as to change certain costs of said court.

HB 2013. By Messrs. Wood, Whitmire and Williams of the 9th:
A bill to require all taxes due to the State of Georgia on taxable prop erty in Hall County, other than motor vehicles, and all taxes due to Hall County on taxable property in Hall County, other than motor vehicles, to be paid in two equal installments; to provide that at least one-half of the amount of such taxes shall be paid between July 1 and August 1, and that the balance shall be paid by December 1.

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JOURNAL OP THE SENATE,

HB 2014. By Messrs. Busbee, Hatcher, Hutchinson and Odom of the 114th:
A bill to amend an Act creating the City Court of Albany, so as to change the name of said court; to change the jurisdiction thereof; to provide for six-man juries for the trial of criminal offenses.

HB 2018. By Messrs. Matthews and Collins of the 122nd:
A bill to recreate the Board of Commissioners of Colquitt County; to provide for Commissioner districts.

HB 2020. By Messrs. Carlisle and Brown of the 67th:
A bill to abolish the office of treasurer of Fayette County; to provide that the board of commissioners of Fayette County shall appoint depositories for county funds.

HB 2022. By Messrs. Reaves, Patten and Bennett of the 124th:
A bill to provide for a referendum election on the question of reapportioning the Commissioner Districts of Brooks County.

HB 2023. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act incorporating the Town of Grayson in Gwinnett County, so as to change the name of said town to the City of Grayson; to change the provisions relative to the term of office of the mayor.

HB 2024. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the compensation of the judge of said court.

HB 2032. By Messrs. Smith and Adams of the 74th:
A bill to provide for the compensation of the sheriff of all counties in the State having a population of not less than 10,600 and not more than 10,900.

HB 2035. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act creating a new charter for the City of Thomaston, so as to change the provisions relating to the election of the mayor and council.

TUESDAY, FEBRUARY 19, 1974

1597

SB 712. By Senators Coverdell of the 40th and Garrard of the 37th:
A bill to provide for penalties on ad valorem taxation, under certain conditions, for all counties of this State having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census and for municipalities lying wholly or partially within such counties having a population of 400.000 or more according to the United States decennial census of 1970 or any future such census.

SR 27. By Senator Stephens of the 36th:
A resolution proposing an amendment to the Constitution, so as to authorize the managing body of any pension fund created for the bene fit of any employees of Pulton County to provide from time to time for the increase of retirement or other benefits of retired persons who have retired or who retire in the future, pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system established for any employees of Fulton County; to provide for sub mission of this amendment for ratification or rejection.

SR 350. By Senator Tysinger of the 41st:
A resolution proposing an amendment to the Constitution, so as to authorize the governing authority of DeKalb County to issue bonds for funds for capital expenditures in special districts of the county created pursuant to Article IX, Section III, Paragraph I; to require the assent of a majority of the voters of such special district or districts which will be served by such capital expenditure.

HR 541. By Mr. Brown of the 89th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from ad valorem taxation certain harvested agricultural products held in Bibb County.

HR 660. By Messrs. Dollar of the 63rd, Patterson and Bohannon of the 64th:
A resolution proposing an amendment to the Constitution so as to create the Douglasville-Douglas County Stadium Authority.
HR 661. By Messrs. Dean of the 60th and Mason of the 59th:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Sugar Hill who are 62 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 exceeding $5,000 per annum, shall be granted a home stead exemption of $2,000 from ad valorem taxation by said city.

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JOURNAL OF THE SENATE,

HR 662. By Messrs. Coney, Dickey, Evans, Berlin, Pinkston and Brown of the 89th:
A resolution proposing an amendment to the Constitution so as to provide for the compensation of the elective members of the Board of Public Education and Orphanage of Bibb County and to authorize the General Assembly to hereafter provide by local law for such compen sation without the necessity of any such local law being approved in a referendum election thereon.

HR 663. By Messrs. Mason of the 59th and Wall of the 61st:
A resolution proposing an amendment to the Constitution so as to provide that residents of Gwinnett County who are totally disabled shall be granted a homestead exemption of $4,000 from all ad valorem taxation by said County.

HR 664. By Messrs. Mason of the 59th and Wall of the 61st:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Snellville who are 65 years of age or over or who are totally disabled shall be granted a homestead exemption of $2,000 from ad valorem taxation by said City.

HR 665. By Messrs. Moyer of the 99th, Waddle of the 98th and Walker of the 100th:
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.

HR 666. By Messrs. Duke of the 20th, Howard and Atherton of the 19th and others:
A resolution proposing an amendment to the Constitution so as to create the Board of Elections of Cobb County and to provide for a Superintendent of Elections.

HR 667. By Messrs. Nix of the 20th, Kreeger of the 21st, Atherton of the 19th and others:
A resolution proposing an amendment to the Constitution so as to provide that the governing authorities of Cobb County and of each incorporated municipality located within Cobb County shall pay onehalf of the revenues, after deducting administrative costs of not more than 10%, derived from taxes authorized by the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors".

TUESDAY, FEBRUARY 19, 1974

1599

HR 668. By Messrs. Wood, Whitmire and Williams of the 9th:
A resolution proposing an amendment to the Constitution so as to pro vide for a Commission of Public Safety for Porsyth County.

HR 674. By Messrs. Wood, Whitmire and Williams of the 9th:
A resolution proposing an amendment to the Constitution so as to enlarge and change the power of the General Assembly in relation to the system and administration of taxation and public revenue in Hall County, by authorizing the General Assembly to prescribe by law the time for making levies and assessments, the manner in which tax bills and notices shall be prepared, the number, form and content of tax bills and notices.

HR 677. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th and others:
A resolution proposing an amendment to the Constitution so as to create the Downtown Savannah Authority.

HR 687. By Messrs. Lane and Nessmith of the 76th:
A resolution proposing an amendment to the Constitution so as to provide that the School Superintendent of the Bulloch County School System shall be appointed by the Bulloch County Board of Education rather than elected by the voters of the Bulloch County School District.

SB 721. By Senators Wasden of the 2nd and Riley of the 1st:
A bill to amend an Act creating the State Court of Chatham County, formerly the Court of Common Pleas, and of Oyer and Terminer, for the City of Savannah, approved Dec. 18, 1819 (Ga. Laws 1819, p. 16), as amended, so as to change the provisions relating to the number and selection of jurors in misdemeanor trials in said court; to provide an effective date.

SB 724. By Senator Overby of the 49th:
A bill to provide for an investigator for the District Attorney of the Northeastern Judicial Circuit; to provide for the compensation and expenses of such investigator; to provide for the duties, powers and authority of the investigator; to provide for other matters relative to the foregoing.

HB 282. By Mr. Greer of the 43rd: A bill to amend an Act providing that cities having a certain population

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JOURNAL OF THE SENATE,

shall furnish benefits to officers and employees of such cities, so as to change the composition of the Board of Trustees.

HB 1503. By Mr. Adams of the 36th:
A bill to amend Code Chapter 59-1, pertaining to jurors, so as to pro vide that in certain counties (population 600,000 or more), the govern ing authority in such counties shall prescribe the compensation to be paid jurors and bailiffs.

HB 1678. By Mr. Irvin of the 23rd:
A bill to amend an Act creating a new charter for the City of Alpharetta, so as to increase the maximum fines and jail sentences that can be levied by the recorder of said city.

HB 1699. By Messrs. Rush of the 104th and Fraser of the 117th:
A bill to amend an Act establishing the Commissioners of Roads and Revenues for Long County, so as to change the compensation of the commissioners.

HB 1724. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act placing the Tax Commissioner of Glynn County on an annual salary, so as to change the provisions for an increase in compensation of the tax commissioner based on length of service; to permit the tax commissioner to continue to receive certain fees and commissions after the effective date of this Act.

HB 1750. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Court and the Ordinary of Glynn County and placing said officers on an annual salary, so as to change the compensation of the clerk of the superior court.

HB 1757. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act amending the charter of the City of Brunswick, so as to define the corporate limits of said City.

HB 1773. By Messrs. Rush of the 104th and Fraser of the 117th:
A bill to provide for the compensation of the members of the Board of Education of Long County.

TUESDAY, FEBRUARY 19, 1974

1601

HB 1863. By Messrs. Lewis and McCracken of the 77th:
A bill to amend an Act creating the Small Claims Court of Burke County, so as to change the provisions relative to the supplies and materials necessary for the operation of said court.

HB 1880. By Messrs. Kreeger and Burruss of the 21st, Wilson of the 19th and others:
A bill to amend an Act providing for a new charter for the City of Marietta, so as to extend the corporate limits of said city.

HB 1902. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act placing the Sheriff of Glynn County upon an annual salary, so as to provide for additional personnel within the sheriff's office; to change the compensation of the sheriff and certain personnel within the sheriff's office.

HB 1926. By Messrs. Wall of the 61st and Russell of the 62nd:
A bill to amend an Act to create a new charter for the Town of Auburn, so as to change the corporate limits of said town; to change the residency requirement for voting in the elections of said town.

HB 1927. By Messrs. Wall of the 61st and Russell of the 62nd:
A bill to amend Code Section 92-4101, relating to limitation on cities' right of taxation, so as to include the City of Auburn as one of the cities and towns to which the prohibition of the Code Section does not apply.
HB 1928. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act creating a board of commissioners of Butts County, so as to provide an expense allowance for each commissioner; to increase the amount of merchandise which may be purchased or sold without advertising for bids.

HB 1929. By Messrs. Smith and Adams of the 74th:
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.

HB 1930. By Mr. Carrell of the 71st: A bill to create and establish a Small Claims Court in and for each

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JOURNAL OF THE SENATE,
county of the State having a population of not less than 22,830 and not more than 23,500; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

HB 1931. By Mr. Collins of the 122nd: A bill to create the Hinsonton Water Authority.

HB 1932. By Mr. Collins of the 122nd:
A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the provisions relating to the compensa tion of the chairman and members of the Board of Commissioners of Mitchell County.

HB 1933. By Mr. Irwin of the 113th:
A bill to amend the charter of the Town of Shellman in Randolph County, so as to provide for recall elections; to provide special elections for filling vacancies.

HB 1935. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act placing the coroner of Butts County upon an annual salary, so as to change the compensation of the coroner.

HB 1936. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act placing the Sheriff of Butts County upon an annual salary, so as to change the compensation of the Deputy Sheriffs of Butts County.

HB 1937. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act creating a new charter for the City of Barnesville, so as to change the terms of office of the mayor and councilmen; to change the date on which the municipal election is conducted.

HB 1949. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of said sheriff.

TUESDAY, FEBRUARY 19, 1974

1603

HB 1950. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act abolishing the fee system of compensation for the Ordinary of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of the ordinary.

HB 1951. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act creating the office of Tax Commissioner of Fayette County, so as to change the compensation of the tax com missioner.

HB 1952. By Messrs. Brown and Carlisle of the 67th: A bill to amend an Act incorporating the Town of Tyrone, so as to change the corporate limits of the town.
HB 1955. By Messrs. Bennett, Patten and Reaves of the 124th: A bill to amend an Act incorporating the Town of Remerton, so as to change the name of the Town of Remerton to the City of Remerton; to change the provisions relating to the election of the mayor and council.
HB 1958. By Messrs. Patten and Bostick of the 123rd: A bill to amend an Act abolishing the mode of compensating the Sheriff of Cook County known as the fee system and providing in lieu thereof an annual salary, so as to change the provision relating to reimbursing the sheriff for expenses incurred in feeding prisoners.

HB 1964. By Mr. Bray of the 66th:
A bill to amend an Act placing the Sheriff of Talbot County on an annual salary, so as to change the provisions relating to the expenses of the sheriff's office.

HB 1991. By Mr. Dean of the 17th:
A bill to amend an Act creating a new charter for the City of Rockmart in the County of Polk, so as to change the corporate limits of said city.

HB 2000. By Messrs. Harris and Thomason of the 8th:
A bill to reincorporate the City of Cartersville in the County of Bartow; to create a new charter for said city.

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JOURNAL OF THE SENATE,

HB 2002. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A bill to amend an Act fixing the compensation of and for the members of the Board of Commissioners of Floyd County, so as to change the provision for an expense allowance for the chairman and other members of the Board of Commissioners of Floyd County.

HB 2006. By Messrs. Wheeler and Grantham of the 127th:
A bill to amend an Act creating a new charter for the City of Alma, so as to change the provisions relating to salaries of certain municipal officers.

HB 2008. By Messrs. Knight and Mullinax of the 65th:
A bill to amend an Act establishing the State Court of Coweta County (formerly Civil and Criminal Court of Coweta County and City Court of Newnan), so as to change the salary of the judge and solicitor of said court.

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 713. By Senators Moore of the 56th and Henderson of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, former ly known as the Civil and Criminal Court of Cobb County, as amended, so as to change the compensation of the solicitor; to provide an effec tive date.

The report 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.,

SB 715. By Senators Moore of the 56th and Henderson of the 33rd:
A bill to amend an Act providing for the compensation of the Judge of the Cobb Juvenile Court, as amended, so as to change the compensa tion of said Judge; to provide an effective date.

TUESDAY, FEBRUARY 19, 1974

1605

The report 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.

SB 718. By Senators Henderson of the 33rd and Moore of the 56th:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, as amended, so as to change the salary of the ordinary; to provide an effective date.

The report 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.

SB 719. By Senator Cox of the 21st:
A bill to amend an Act establishing the State Court of Jenkins County, formerly the City Court of Millen, as amended, so as to change the compensation of the judge and the solicitor; to provide an effective date.

The report 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.

SB 720. By Senator Cox of the 21st:
A bill to amend an Act establishing a board of commissioners of roads and revenues for the County of Jenkins, as amended, so as to change

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JOURNAL OF THE SENATE,

the compensation of the members of the board; to provide an effective date.

The report 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 1527. By Mr. Matthews of the 62nd:
A bill to amend an Act establishing the Mayor and Council of the City of Athens Employees' Pension Plan, so as to provide that any present or future employee of the Department of Urban Renewal of the City of Athens shall be entitled to an option as to whether or not to participate in or decline coverage under the Pension Plan of the City of Athens.

The report 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 1849. By Messrs. Dollar of the 63rd, Bohannon and Patterson of the 64th: A bill to create the Douglasville-Douglas County Water Authority; to authorize the Authority to acquire, construct, add to, extend, improve, equip, operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities.

The report 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.

TUESDAY, FEBRUARY 19, 19-74

1607

HB 1870. By Mr. Peters of the 2nd:
A bill to amend an Act incorporating the City of Ringgold, so as to change the corporate limits of the City of Ringgold; to change the provisions relating to the compensation of the mayor and aldermen.

The report 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 1883. By Mr. Gignilliat of the 105th:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah.

The report 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 1919. By Mr. Matthews of the 62nd:
A bill to amend an Act approved August 24, 1872 entitled "An Act to amend the charter of the Town of Athens. . .", so as to empower the governing authority of the Mayor and Council by ordinance to im pose, assess, levy and collect an excise or transfer, or the dispensing of malt beverages and wine by wholesale dealers thereof within the City of Athens.

The report 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.

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JOURNAL OF THE SENATE,

HB 1943. By Mr. Ritchie of the llth:
A bill to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner of Habersham County; so as to change the maximum salary which the tax commissioner may be paid.

The report 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 1944. By Mr. Ritchie of the llth: A bill to amend an Act abolishing the fee system and providing an an nual salary for the Ordinary of Habersham County, so as to change the provisions relative to the clerk of the ordinary.
The report 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 1946. By Messrs. Coleman, Jessup and Larsen of the 102nd: A bill to amend an Act creating a new charter for the City of East man, so as to provide that all obligations or debts of the city shall be paid only upon warrants or vouchers.
The report 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.

TUESDAY, FEBRUARY 19, 1974

1609

HB 1965. By Mr. Bray of the 66th:
A bill to amend an Act providing for the compensation of the chairman and members of the Board of Commissioners of Meriwether County, so as to change the compensation of the chairman and members of the Board of Commissioners of Meriwether County.

The report 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 1966. By Mr. Oxford of the 101st:
A bill to amend an Act creating the State Court of Sumter County, formerly the Civil and Criminal Court of Sumter County, so as to permit the judge of said court to practice law in any court except the State Court of Sumter County.

The report 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 1967. By Messrs. Ware, Mullinax and Knight of the 65th: A bill to amend an Act creating a new charter for the City of Hogansville in the County of Troup, so as to extend the corporate limits of the city.
The report 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.

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HB 1976. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the office of tax commissioner, so as to change the provisions relative to the compensation of the assistants for the tax commissioner.

The report 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 1977. By Messrs. Lane and Nessmith of the 76th: A bill to amend an Act fixing the compensation of the clerk of the superior court of Bulloch County, so as to change the provisions relative to the compensation of the deputy clerk and other assistants to the clerk.

The report 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 1978. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act creating a Board of Commissioners of Bulloch County, so as to change the provisions relative to clerical assistants.

The report 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.

TUESDAY, FEBRUARY 19, 1974

1611

HB 1979. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act providing an annual salary for the ordinary of Bulloch County, so as to change the provisions relative to the amount allowed for clerical help.

The report 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 1980. By Messrs. Lane and Nessmith of the 76th:
A bill to amend an Act placing the sheriff of Bulloch County on an annual salary, so as to change the provisions relative to the compen sation of the sheriff's deputies.

The report 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 1993. By Messrs. Dorminy and Hudson of the 115th:
A bill to amend an Act placing the Clerk of the Superior Court of Worth County on a salary basis, so as to change the compensation of said 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 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 1994. By Messrs. Dorminy and Hudson of the 115th:
A bill to provide an annual salary for the sheriff of each county in this State having a population of not less than 14,000 nor more than 15,000, to provide a procedure for fixing said salary.

The report 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 following resolutions of the Senate were read and adopted:

SR 300. By Senators Lester of the 23rd and Doss of the 52nd: A resolution creating the Health Laws Study Committee.

SR 405. By Senator Hamilton of the 26th:
A resolution expressing sympathy at the passing of the Honorable Alton V. White, Jr.

Senator Kennedy of the 4th asked unanimous consent that the call of the roll be dispensed with, and the consent was granted.

Senator Warren of the 43rd introduced as Chaplain, The Reverend A. L. Kendrick, of Decatur, Georgia, who offered scripture reading and prayer.
The following is the Senate Rules Calendar for today: SENATE RULES CALENDAR Tuesday, February 19, 1974
HB 1377. 1974-75 Appropriations--provide (SUB) SB 425. Fulton Co. Superior Court--additional judges (SUB) SB 554. Rape Conviction--conditions for castration SB 653. Executive Center Fine Arts Committee--establish

TUESDAY, FEBRUARY 19, 1974

1613

SB 682. Default Judgments--change provisions
SB 687. Community Action Agencies in State--continuation (SUB)
SB 699. Bails--felony conviction on appeal
SR 275. Family Court of Human Relations--provide (SUB)
SR 282. Criminal Acts Compensation Liability Study Com.-- create
SR 305. Disabled Veteran and Dependents--homestead exemption
HB 279. Jud. Cir. with More Than One Judge--compensation Asst. D. A.
HB 336. Supervisor of Purchases--compensation (AM)
HB 346. Employees' Retirement System--forfeited annual and sick leave
HB 974. Common Day of Rest--set apart one day of the week (SUB)
HB 1104. Sales Tax Delinquent Dealers--furnish bond (AM)
HB 1303. City Governing Authorities--compensation
HB 1352. Escape Cases and Trials--expense paid by Bd. of Cor rections
HB 1373. Vehicles for Spreading Fertilizer--width requirements (SUB)
HB 1428. Sheriffs' Retirement Fund--death benefits
HB 1535. Forestry Commission--check infection in trees
HB 1555. Prosecuting Attorney's Council of State of Georgia-- create
HB 1584. Higher Ed. Assistance Auth.--establish scholarship pro gram
HB 1590. State, City, County Employee--compensation deferment (AM)
HB 1595. County and Independent School Superintendents--bonds
HB 1603. Motor Vehicle Title--issuance of replacement of title
HB 1604. Motor Vehicle Title--eliminate non-negotiable copy of title
HB 1615. Presidential Preference Primary--selection of date
HB 1633. Dougherty Jud. Cir. Sup. Court--additional judge
HB 1658. Planning and Budget Office--planned growth and development
HB 1789. Alcovy Jud. Cir. Grand Juries--change provisions

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JOURNAL OF THE SENATE,

HE 445. Ordinary and Court of Ordinary--change name
HR 487. Jackson County--arrests, warrants and law enforce ment
HR 613. Richmond Co. State and Fed. Hwys.--State Patrol policing

Respectfully submitted,
/s/ Maylon London London of the 50th, Chairman Senate Rules Committee

The following bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1352. By Mr. Smith of the 74th and others:
A bill to amend Code Section 26-2501, relating to escape, so as to rede fine escape from lawful custody; to amend an Act providing for pay ment of costs of cases and expenses of trials involving inmates of the State Prison System, so as to provide for payment by the State Board of Corrections of costs and expenses in certain escape cases and trials.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator McGill of the 24th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coverdell Dean Doss Eldridge Fincher Garrard Hamilton Henderson

Herndon Hill Howard Hudgins Kennedy Kidd Langford Lester McDuffie Moore Rowan Salter

Skene Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

TUESDAY, FEBRUARY 19, 1974

1615

Those not voting were Senators:

Ballard Cleland Coggin Cox Duncan Gillis Holley

Holloway Jackson Johnson London McGill (presiding) Overby

Parker Reynolds Riley Smalley Summers Young

On the passage of the bill, the ayes were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.
Senator Henderson of the 33rd moved that the following bill of the Senate be withdrawn from the Committee on County and Urban Affairs and recom mitted to the Committee on Highways:
SB 686. By Senator Henderson of the 33rd: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended, so as to change the tax rate which certain local governments are authorized to levy upon retail purchase, retail sale, rental, storage, use or consumption of tangible personal property and certain services.
On the motion, the ayes were 29, nays 0; the motion prevailed, and SB 686 was withdrawn from the Committee on County and Urban Affairs and recom mitted to the Committee on Highways.
Senator Starr of the 44th assumed the Chair.
The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:
SR 282. By Senators Zipperer of the 3rd, Coggin of the 35th, Kennedy of the 4th and Riley of the 1st: A resolution creating the Criminal Acts Compensation Liability Study Committee.
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, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coverdell Dean Eldridge Pincher Garrard Hamilton Henderson

Herndon Holloway Howard Kennedy Kidd Langford London McDuffie McGill Moore Overby Parker

Rowan Salter Skene Smith Stephens Sutton Thompson Tysinger Warren Wasden Webb Zipperer

Voting in the negative was Senator Doss.

Those not voting were Senators:

Ballard Cleland Coggin Cox Duncan Gillis Hill

Holley Hudgins Jackson Johnson Lester Reynolds

Riley Smalley Starr (presiding) Summers Ward Young

On the adoption of the resolution, the ayes were 36, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Wasden of the 2nd moved that SR 282 be immediately transmitted to the House.

On the motion, the ayes were 33, nays 0; the motion prevailed, and SR 282 was immediately transmitted to the House.

It was necessary for the three Senators serving on the Conference Com mittee for HB 78 to leave the floor of the Senate in order to attend a meeting

TUESDAY, FEBRUARY 19, 1974

1617

of the Conference Committee at 10:20 o'clock A. M.; therefore, they will not be shown as voting on roll calls of the Senate during this time. They are Senators:

Broun of the 46th, Skene of the 27th and Thompson of the 32nd.

Senator Summers was absent from the Senate due to confinement in the hospital.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 346. By Mr. Wheeler of the 13th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that accumulated days of forfeited annual and sick leave shall constitute creditable service in addition to all other creditable service.

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

February 21, 1973

MEMORANDUM

TO:

The Honorable Thomas B. Buck, III

Chairman, House Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note--House Bill 346 (Amended)

Attached is copy of letter from the actuary in connection with this amendment.

One example of cost would be to assume a member with a $1,000 salary with thirty years service who retired at age 65. Without this bill the member would be eligible for a monthly benefit of $522.50 which has a value equivalent to $72,267.50, (This is the necessary amount of reserve to be set up by the system for payment of this benefit). As suming this member had one year additional service from forfeited leaves his monthly benefit would then amount to $549 and the value of this benefit would amount to $75,932.74. From this you can readily see that this one example of cost would amount to $3,665.24.

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The State would pay 7%% on the $1,000 monthly salary for one year which would amount to $900 being paid by the State to the Retire ment System. You can then deduct the $900 from the $3,665.24 cost which leaves a balance of $2,765.24 to be absorbed by the Retirement System on one individual.

It is assumed by the actuary that the number of people involved would be limited and therefore would not effect the actuarial soundness of the System. The question arises, would State employees begin ac cumulating more leave time with this additional incentive and if so to what extent, at some future date should sufficient numbers qualify, you can readily see that there would be cost which must absorbed by the System.

/s/ Ernest B. Davis
Ernest B. Davis, State Auditor

/s/ James T. Mclntyre, Jr.
James T. Mclntyre, State Planning & Budget Officer

R. BLESS & ASSOCIATES, INC. Employee Benefit Consultants

February 19, 1973

Mr. Abe Domain, Director Employees' Retirement System of Georgia 254 Washington Street, S. W. Atlanta, Georgia 30334

Dear Abe:

RE: House Bill 346

At your request, I have reviewed the provisions of this Bill which would grant credit for forfeited annual and sick leave to a member upon his retirement.

In accordance with our discussion over the phone, I understand that any service which would be granted under this Bill would not be used to determine a member's eligibility for death, disability or involuntary separation and would not affect the disability or rate of projection if a member were eligible for a projection under the death, disability or involuntary separation provisions of Law, but would be added to a
member's service after such projection or other computation is made to determine the retiring member's Retirement Allowance. It is expected
that the funding of any benefits which would become payable as a result of the passage of this Bill would be accomplished by requiring that the member's department pay, in addition to the regular contribu tion, the amount which would be paid by the employer department as if the member were to continue in service for the additional period of service to be credited.

TUESDAY, FEBRUARY 19, 1974

1619

If we are to expect that the additional funding mentioned above is to be sufficient to provide the additional benefits contemplated, then, one of the following two limitations will have to be applied:

a) That the maximum service which could be claimed be limited to not more than one year.

b) That only those members who have more than 5 months of for feited leave time be eligible to get credit for such service.

In conclusion, it is my opinion, that with the limitations indicated, and the funding provided, passage of this Bill would not jeopardize the Actuarial Soundness of the Employees' Retirement System.

If you have any questions regarding the above, please call me. Best regards.
Sincerely,
/s/ Robert R. Bless Robert R. Bless

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter Coverdell Doss Duncan Eldridge Fincher Garrard Hamilton Herndon
Hill

Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Overby
Parker

Reynolds Rowan Salter Smith Stephens Sutton Thompson Tysinger Ward Warren Wasden Zipperer

Voting in the negative was Senator Webb.

Those not voting were Senators:

Ballard Broun of 46th Cleland

Coggin Cox Dean

Gillis Henderson Holley

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Johnson Moore Riley

JOURNAL OP THE SENATE,

Skene Smalley Starr (presiding)

Summers Young

On the passage of the bill, the ayes were 38, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1373. By Mr. Carr of the 90th and others:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to provide that vehicles designed and utilized for spreading agricultural or fertilizer materials may exceed a total outside width of 96 inches when equipped with flotation tires, but not to exceed 112 inches.

The Senate Committee on Public Utilities and Transportation offered the following substitute to HB 1373:
A BILL
To be entitled an Act to amend the Georgia Code of Public Trans portation, Title 95A, approved April 18, 1973 (Ga. Laws 1973, p. 947), so as to provide for a width and length exemption for dealers of farming or agricultural equipment or forest management equipment; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. The Georgia Code of Public Transportation, Title 95A, approved April 18, 1973 (Ga. Laws 1973, p. 947), is hereby amended by striking Section 95A-954 in its entirety and substituting in lieu there of a new Section 95A-954 to read as follows:
"Section 95A-954. Exemptions for farming, agricultural, and forest management equipment. The limitations of Section 95A-957 as to width and of Section 95A-958 as to length, shall not apply to the following loads and vehicles, which may exceed such limitations without a permit: farming or agricultural equipment or forest management equipment, whether self-propelled or being hauled, when such vehicle or equipment is being operated during daylight hours upon a public road not part of the National System of Inter state and Defense Highways, by dealers or by the owner thereof or his agent, within a radius of 40 miles of the property of the dealer or owner. The foregoing exemptions do not apply to vehicles hauling or transporting forest products."

TUESDAY, FEBRUARY 19, 1974

1621

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 34, 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, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Coverdell
Doss Eldridge Fincher Garrard Hamilton Herndon Hill Hollo way

Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan S alter Smith Stephens Sutton Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Ballard Carter Cleland Coggin Cox Dean

Duncan Gillis Henderson Holley Johnson Skene

Smalley Starr (presiding) Summers Thompson Young

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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JOURNAL OF THE SENATE,

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 214. By Mr. Burruss of the 21st and others:
A bill to exempt from all ad valorem taxation for educational purposes levied by any county or independent school district the homestead of any resident of such county or independent school district who is 62 years of age or older and has an income not exceeding $6,000 per annum.

Senator Kidd of the 25th moved that the Senate adhere to its substitute to HB 214 and that a Conference Committee be appointed.

On the motion, the ayes were 33, nays 1; the motion prevailed, and the Senate substitute to HB 214 was adhered to.

The presiding officer appointed as a Committee of Conference on the part of the Senate the following:
Senators Kidd of the 25th, London of the 50th and McDuffie of the 19th.

The President assumed the Chair.

The following general bills and resolution of the House and Senate, favorably reported by the committees, were read the third time and put their passage:

HB 1555. By Mr. Morgan of the 70th and others:
A bill to create the Prosecuting Attorneys' Council of the State of Georgia; to provide for the membership of the council, their qualifica tions, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority and responsibilities.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

TUESDAY, FEBRUARY 19, 1974

1623

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Doss Eldridge Pincher Garrard Gillis Hamilton Henderson Herndon

Hill Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie Moore Overby Parker

Reynolds Riley Rowan Salter Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Cleland Cox Dean Duncan

Johnson McGill Skene

Smalley Summers Young

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1633. By Messrs. Busbee, Hutchinson, Hatcher and Odom of the 114th:
A bill to provide for an additional Judge of the Superior Court of the Dougherty Judicial Circuit; to provide for the appointment of the first additional Judge by the Governor.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th

Brown of 47th Carter Coggin

Coverdell Cox Doss

1624
Eldridge Garrard Gillis Hamilton Henderson Herndon Holloway Howard Hudgins Kennedy Kidd

JOURNAL OP THE SENATE,

Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Skene Starr Stephens Thompson Tysinger Ward Warren Webb Zipperer

Voting in the negative were Senators Salter and Sutton.

Those not voting were Senators:

Bell Cleland Dean Duncan Fincher

Hill Holley Jackson Johnson Smalley

Smith Summers Wasden Young

On the passage of the bill, the ayes were 40, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 1789. By Messrs. Morgan of the 70th and Carrell of the 71st:
A bill to amend an Act creating the Alcovy Judicial Circuit, so as to change the provisions relating to grand juries.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Brown of 47th Carter

Coggin Coverdell Cox Dean

Doss Eldridge Fincher Gillis

TUESDAY, FEBRUARY 19, 1974

1625

Hamilton Henderson Herndon Hill Holley Howard Hudgins Kennedy Kidd Langford Lester

London McDuffie Moore Overby Parker Reynolds Riley Rowan Salter Skene

Smith Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Bell Broun of 46th Cleland Duncan Garrard

Holloway Jackson Johnson McGill

Smalley Starr Summers Young

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1595. By Mr. Parrar of the 52nd:
A bill to amend Code Section 32-1005, relating to bonds of county school superintendents, so as to make said Code Section applicable to both county and independent school superintendents.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Carter Coggin Coverdell Dean

Doss Eldridge Fincher Garrard Gillis Henderson Herndon

Hill Holley Holloway Howard Kennedy Kidd Langford

1626
London McDuffie Moore Overby Parker Reynolds Riley

JOURNAL OF THE SENATE,

Rowan Salter Skene Smith Starr Stephens Sutton

Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Bell Brown of 47th Cleland Cox Duncan

Hamilton Hudgins Jackson Johnson Lester

McGill Smalley Summers Young

On the passage of the bill, the ayes were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 682. By Senators Skene of the 27th, Webb of the llth, Herndon of the 10th and others:
A bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain posttrial pro cedures in civil cases, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, so as to change the provisions relating to default judgments; to provide for other matters relevant thereto.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Carter Coggin Coverdell Dean

Doss Eldridge Garrard Gillis Hamilton Henderson Herndon Hill

Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford

Lester London McDuffie Overby Parker Reynolds Riley

TUESDAY, FEBRUARY 19, 1974

1627

Rowan Salter Skene Smith Starr Stephens Sutton

Thompson Tysinger Ward Warren Wasden Webb Zipperer

Voting in the negative was Senator Moore.

Those not voting were Senators:

Brown of 47th Cleland Cox Duncan

Fincher Holley McGill

Smalley Summers Young

On the passage of the bill, the ayes were 45, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Hamilton of the 26th moved that SB 682 be immediately transmitted to the House.

On the motion, the ayes were 29, nays 0; the motion prevailed, and SB 682 was immediately transmitted to the House.

Senator Gillis of the 20th assumed the Chair.

HR 487. By Mr. McDonald of the 12th:
A RESOLUTION
Proposing an amendment to the Constitution so as to empower the members of the Division of Investigation of the Department of Public Safety or of any successor agency to such Division to make arrests, serve and execute warrants and enforce those criminal laws of the State of Georgia involving felonies within the boundaries of Jackson County; to provide that such members are hereby granted and may exercise the same powers as other law enforcement officers when enforcing such laws; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

1628

JOURNAL OF THE SENATE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article I, Section I of the Constitution is hereby amended by adding at the end thereof the following:
"Within the boundaries of Jackson County the members of the Division of Investigation of the Department of Public Safety or of any successor agency to such Division are hereby empowered to make arrests, serve and execute warrants and enforce those criminal laws of the State of Georgia involving felonies. Such mem bers are hereby granted and may exercise the same powers as other law enforcement officers when enforcing such laws."

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 em power the members of the Division of Investiga-
( ) NO tion of the Department of Public Safety or of any successor agency to such Division to make arrests, serve and execute warrants and enforce those criminal laws of the State of Georgia in volving felonies within the boundaries of Jackson County and to provide that such members are hereby granted and may exercise the same powers as other law enforcement officers when enforcing such laws?"

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 by Senator Gillis of the 20th, who was presiding, and the vote was as follows:

TUESDAY, FEBRUARY 19, 1974

1629

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Doss Eldridge Fincher Henderson Herndon Hill Holley

Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie Moore Overby Parker Reynolds Riley

Rowan S alter Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Cox Dean Duncan

Garrard Gillis (presiding) Hamilton Hudgins

McGill Skene Smalley Summers

On the adoption of the resolution, the ayes were 44, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following resolution of the Senate was read and adopted:
SR 402. By Senator Hamilton of the 26th: A resolution commending Mercer University and Dean Nat E. Smith.

Senator Coggin of the 35th 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 1377. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st: A bill to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975.

1630

JOURNAL OF THE SENATE,

The Committee on Appropriations offered the following substitute to HB 1377:

A BILL

To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1974, and ending June 30, 1975, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus, Federal Revenue Sharing Funds and an amended revenue estimate of $1,634,053,350 for Fiscal Year 1975.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch.

Budget Unit: Legislative Branch ........................I

1. Operations ....... ..-,,.. ._...$ Total Funds Budgeted __..__,,...,,...__..........__.._.......$ State Funds Budgeted ____-__.._____...__.__..___._-__-.$

2. For election blanks and other

election expenses ______.___.__--_______-.___._____.---____$

Total Funds Budgeted ___.,,..___.____.__......_._..______...$

State Funds Budgeted . .

.

$

3. Georgia Education Improvement

Council .......-- ......,,.$

Total Funds Budgeted ,,......__._____..._._..__..__..__..____$

State Funds Budgeted

.

.$

Budget Unit Object Classes:

Operations ...

.._........ _._.___.--.._..$

Election Blanks and Other

Election Expenses ._...,,.......$

Georgia Education Improvement

Council .........................,,-$

8,161,000 7,375,000 7,375,000 7,375,000
700,000 700,000 700,000
86,000 86,000 86,000
7,375,000
700,000
86,000

TUESDAY, FEBRUARY 19, 1974

1631

For compensation, expenses, mileage, allowances, air travel expense and benefits for members of the Gen eral 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, National Conference of Commissioners on Uniform State Laws; National Conference of Legislative Leaders, Con ference of Insurance Legislators, 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 facilities for the Legislative Branch; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; for the an nual report of the State Auditor to the General As sembly; and for cost of Legislative Services Committee, Office of Legislative Counsel, and Legislative Budget Analyst, as authorized by law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Gov ernment. The Committee is hereby authorized to promul gate 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 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. Department of Audits.
. Budget Unit: Department of Audits . ... . $
1. Operations ...._..._...........-................................_..... $ Total Funds Budgeted ___.__..___.._..___.__...______.___._.$ State Funds Budgeted .... . ... .... ........... ....._..$
2. Tax Ratio Study _........._..._.......... ..__..___.___.___.__.._.$ Total Funds Budgeted ......... .........................._.$ State Funds Budgeted ............ ............... ...._......$
Budget Unit Object Classes: Operations ........_.... .....................,............._._......$ Tax Ratio Study ... ............. ... .. .. ................. ...$

2,136,000
1,811,000 1,811,000 1,811,000
325,000 325,000 325,000
1,811,000 325,000

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court .. ....._._.._..._..__......_.$

926,601

1632

JOURNAL OP THE SENATE,

For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be al located for the payment of attorneys' fees and legal ex penses for indigent defendants in criminal cases on ap peal as provided in Georgia Laws 1953, Nov.-Dec. Ses sion, pp. 478-479.

Section 4. Superior Courts. Budget Unit: Superior Courts ........__...._._._.........$ 6,147,213

For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowances authorized by law, the payment of mileage authorized by law, the pay ment of travel, tuition and expenses of Judges authorized to attend the National College of State Trial Judges, and such other salaries and expenses as may be autho rized by law.

For payment of salaries, contingent expense al lowances, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys
Emeritus.

Provided, however, that the listed appropriation shall be increased by the amount of $21,666 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $6,000 per annum for each additional District Attorney Emeritus position established during the fiscal year.

Provided, further, that the listed appropriation shall be increased by the amount of $32,500 per annum for each judgeship created by law during the 1974 session of the General Assembly.

Section 5. Court of Appeals. Budget Unit: Court of Appeals _..... ,,.........._....$ 1,042,140

For the cost of operating 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 appro priation shall be increased by the amount of $12,000 per

TUESDAY, FEBRUARY 19, 1974
annum for each additional Emeritus position established during the fiscal year.
Section 6. Administrative Office of the Court. Budget Unit: Administrative Office of the Court _________________________________________________
For the cost of operating the Administrative Offices of the Court.
Section 7. Court Reports. Budget Unit: Court Reports
For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.
Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission _____--_______________________________ ___$
For the cost of operating the Judicial Qualifica tions Commission.

1633 118,980
47,000
5,000

PART III. EXECUTIVE BRANCH

Section 9. Department of Administrative Services.

A. Budget Unit: Georgia Building Authority ______________________

Georgia Building Authority Budget:

Direct Payments to Authority

for Operations

_______.______

Capital Outlay ....................

Authority Lease Rentals ..........

Total Funds Budgeted ..............

State Funds Budgeted

Total Positions Budgeted

Budget Unit Object Classes:

Direct Payments to Authority for Operations __.________________
Capital Outlay ......................... Authority Lease Rentals ........

B. Budget Unit: Department of Administrative Services __

..$ 4,912,418
1,469,665 90,000
3,352,753 4,912,418 4,912,418
--0--
1,469,665
90,000
3,352,753
_$ 3,313,461

1634

JOURNAL OF THE SENATE,

1. Departmental Administration Budget
Personal Services ........-...__..__..-....,,.__..._.._....__._...$ Regular Operating Expenses .__..__......_...._.......$ Travel __.._..._._.....,,.............,,,,._...._.,,_.._.__...__...____..$ Motor Vehicle Equipment Purchases _____,,.,,__$ Publications and Printing ............__..__.._....._.__..$ Equipment Purchases .......,,...-,,......__._._.........__..$ Per Diem and Fees __..........................................$ Computer Charges ____....__..._......._.........._._.........$ Total Funds Budgeted __......__...._.._..___............._._.$ State Funds Budgeted ___.___.__...._.__.._._..._.............$ Total Positions Budgeted

498,600 72,000 9,000 --0--
6,300 5,400 2,700
300 594,300 574,180
35

2. Fiscal Administration Budget:

Personal Services ....._......___......_._.___...__.._._._.......$

Regular Operating Expenses --..__.___.........--.....$

Travel ..........,,.................._......_....,....._....._.._.......__.$

Motor Vehicle Equipment Purchases __......_...$

Publications and Printing __.._...__...._.__................$

Equipment Purchases ___..._.-.,,,,_________________________$

Per Diem and Fees -_-...__....--.__________________._______..$

Computer Charges ....................,,___.._________________..$

Total Funds Budgeted .........__.........______.._._.._..___.$

State Funds Budgeted

..... _.....$

Total Positions Budgeted

314,000 35,000 2,000 --0-- 12,500
1,000 --0--
65,000 429,500 429,500
21

3. Self Insurance Administration Budget:

Personal Services ................................................I

Regular Operating Expenses __________________________ $

Travel _._.._..._._,...___._._..._.... ........._.. ......._........_.._..$

Motor Vehicle Equipment Purchases ......___._.$

Publications and Printing ,,.._._.._..__.._........__._...$

Equipment Purchases --.........___..._.__.......__.........$

Per Diem and Fees _...__......_._..-._,,..,,........._._.....$

Computer Charges __,,

$

Workmen's Compensation -,,___.............___...,,....$

Total Funds Budgeted ....,,......_._.....__.._._.___....._...$

State Funds Budgeted __......_._._..._._........._.........$

Total Positions Budgeted

221,800 12,000 30,000 --0--
3,000 1,000 --0-- 2,000 740,000 1,009,800 981,686
17

4. Procurement Administration Budget:
Personal Services .._._._.__.._-......,,.._.__.,,..__._..._._..._.$ Regular Operating Expenses ._..___....,,,,____.,,......$ Travel ....................$ Motor Vehicle Equipment Purchases _._.__.......$ Publications and Printing __...__._........._._..........$ Equipment Purchases ....__.._.--._.,,,,.._._..._....__._...$ Per Diem and Fees ._..__.._..--_.__......__.._.--....__.__....$ Computer Charges ...............................................I Total Funds Budgeted ........_._............._..._...._.._...$ State Funds Budgeted __..__......._.._._................._...$ Total Positions Budgeted

656,400 66,861 10,000 --0-- 33,000
6,000 --0--
40,500 812,761 812,761
53

TUESDAY, FEBRUARY 19, 1974

5. General Services Administration Budget:

Personal Services __......,,..............----_--.......----.$

Regular Operating Expenses ________._,,____--___-.,,_.$

Travel

_

%

Motor Vehicle Equipment Purchases .._.__..__... $

Publications and Printing ._......__...._.___.__-_.......$

Equipment Purchases ....__..--.....------------..-- $

Per Diem and Fees ,,_..,,--..----..,,--------------.$

Computer Charges _......._._..._......---------------.$

Total Funds Budgeted

.. $

State Funds Budgeted _._._..._._.....-.__.--.--.....$

Total Positions Budgeted

6. Property Management Administration Budget:

Personal Services .....$

Regular Operating Expenses _...--------------.$

Travel

......,,...-$

Motor Vehicle Equipment Purchases ...._,,.......$

Publications and Printing ...,,....._..,,_....___..,,.___.$

Equipment Purchases _._,,,,,,$

Per Diem and Fees __.,,..-_--........_--_------.------.$

Computer Charges ...._.................------..-------- $

Total Funds Budgeted ..................................^%

State Funds Budgeted ...._...._.._..._._.___-._..,,____.___.$

Total Positions Budgeted

1635
156,300 14,158 3',000 --0-- 1,220
866 --0--
840 176,384 176,384
13
127,400 28,000 1,500
--0-- 1,350 4,000
--0-- 12,000
174,250 174,250
11

7. Data Processing Services Budget:

Personal Services

,,_...___,,.___ $

Regular Operating Expenses __.._._......._..._.___._._.$

Travel

...

$

Motor Vehicle Equipment Purchases .._.___.___._.$

Publications and Printing .................%

Equipment Purchases

$

Per Diem and Fees _._.__.__._.___._____------.-.$

Computer Charges _________________,,__-___--__---_--_,,- $

Total Funds Budgeted ._...__.___._._.___.....__...___--_..__ $

State Funds Budgeted .._.__..___..._,,_..___.___.__.________.$

Total Positions Budgeted

7,285,000 5,317,557
25,400 --0--
51,000 636,743 75,300 --0-- 13,391,000 --0--
626

8. Motor Pool Services Budget:

Personal Services ......-..--..-.......-...--.-------.--..I

Regular Operating Expenses .........................I

Travel ______.._._..._.___..__...__,,..___.,,_.___.___.___.....__..........$

Motor Vehicle Equipment Purchases _,,.,,--.,,_.$

Publications and Printing ___....._._____.,,,,___.___._._.$

Equipment Purchases ________________--__,,--..____,,,,___.$

Per Diem and Fees ___._.__.__.___..__.------...............$

Computer Charges ___.,,.-.....__......--_...--.__.--........$

Total Funds Budgeted .._........,,..............._._..___. $

State Funds Budgeted ,,

.

. .$

Total Positions Budgeted

82,900 126,700
2,000 155,000 --0--
1,200 --0--
12,500 380,300 --0--
10

1636

JOURNAL OF THE SENATE,

9. Communication Services Budget:

Personal Services _,,_.__..,,$

Regular Operating Expenses .___....___._._......._._.$

Travel .........

^

Motor Vehicle Equipment Purchases _._._._..._._.$

Publications and Printing ,,....,,.........._____.........$

Equipment Purchases ...................................$

Per Diem and Fees ...............................$

Computer Charges ............$

Telephone Billings ................^

Total Funds Budgeted ..................$

State Funds Budgeted ____....

,,,,._._,,_._______.$

Total Positions Budgeted

815,500 166,000
9,000 --0--
3,000 30,000 --0-- 35,000 5,606,815 6,665,315 --0--
63

10. Printing Services Budget:

Personal Services

...............................$

Regular Operating Expenses ___.._......__.__.._._..__.$

Travel .._..._.,,__.._....._.._.._._.._,, .... __..._..$

Motor Vehicle Equipment Purchases ..............^

Publications and Printing ............................$

Equipment Purchases .__.___.___.,,....____.._._.__________.$

Per Diem and Fees ___..__..,,.....................__._.......$

Computer Charges ................ ^

Total Funds Budgeted __....._______._.___-_.___.__..__..__..$

State Funds Budgeted .................................. ^

Total Positions Budgeted

729,000 706,700
14,000 --0--
1,000 41,100 --0-- 12,000 1,503,800 --0--
68

11. Central Supply Services Budget:
Personal Services .......................^ Regular Operating Expenses ..._....--.___.___.__..__..$ Travel ..........................^ Motor Vehicle Equipment Purchases ....,,..__.._.$ Publications and Printing ............_._.............__..$ Equipment Purchases --_____--______,,____________,,____$ Per Diem and Fees .......................... ..^ Computer Charges ................_._._._._.____..__..____._._. $ Total Funds Budgeted ...................................._...$ State Funds Budgeted ___._._..................,,.____.....,,.$ Total Positions Budgeted

49,100 399,400
1,000 --0--
5,000 4,000 --0-- 2,500 461,000 --0--
5

12. State Properties Commission Budget:

Personal Services ......................$

Regular Operating Expenses .--____--___,,________$

Travel

............. .....^

Motor Vehicle Equipment Purchases ...,,__..__...$

Publications and Printing .......................... .4

Equipment Purchases .....................$

Per Diem and Fees .._.-......._._.___.,,_.._____..__...._.._..$

Computer Charges ___.._._.......................,,.._._.._..$

Total Funds Budgeted .............. ^

State Funds Budgeted ...._._.................__.._....._._.$

Total Positions Budgeted

68,700 31,000 1,000 --0--
1,500 2,000 14,000 --0-- 118,200 118,200
4

TUESDAY, FEBRUARY 19, 1974

13. Volunteer Services Budget:

Personal Services __------__--------------......_. $

Regular Operating Expenses ----------.-._.---- $

Travel ............................^

Motor Vehicle Equipment Purchases --.---- $

Publications and Printing _--_--------- $

Equipment Purchases .................... ..^

Per Diem and Fees ......................... ^

Computer Charges --.-_---------$

Total Funds Budgeted --------------_-.-- $

State Funds Budgeted --------------

-$

Total Positions Bugeted

1637
31,000 7,650 4,450
--0-- 1,900 1,500
--0-- --0--
46,500 46,500
2

Budget Unit Object Classes

Personal Services --._..._...--.------_--------------$

Regular Operating Expenses ___--------.------...$

Travel

............. ..^

Motor Vehicle Equipment Purchases _...___._._...$

Publications and Printing ___----__.___.----------$

Equipment Purchases __..----------------._..,,.._._ $

Per Diem and Fees --------.----.....------------$

Computer Charges .._. .......................................^

Workmen's Compensation ---------- --

$

Telephone Billings ..................$

11,035,700 6,983,026 112,350 155,000 120,770 734,809 92,000 182,640 740,000 5,606,815

Section 10. Department of Agriculture. A. Budget Unit: Department of Agriculture-.........? 14,957,113

1. Plant Industry Budget:

Personal Services ------------------- $

Regular Operating Expenses ----------.------...$

Travel

-

_. $

Motor Vehicle Equipment Purchases ........._.._.$

Publications and Printing _--___.__------------... $

Equipment Purchases ...._.......__...._,,.._.__-.___..._.$

Per Diem and Fees ................... ^

Computer Charges ......................... ....^

Fire Ant Eradication ....................................... ^

Total Funds Budgeted _._.__..--...........---------- $

State Funds Budgeted __..___._.------_------------. $

Total Positions Budgeted

2,058,293 147,100 100,700 43,920 25,900 35,000 1,900 --0--
1,500,000 3,912,813 3,831,813
196

2. Animal Industry Budget:
Personal Services ____--____----------------------... $ Regular Operating Expenses ............................^ Travel ....................................................................$ Motor Vehicle Equipment Purchases'_...... -- $ Publications and Printing _,,............__--_...----_._.$ Equipment Purchases _______--------------._.._.----$ Per Diem and Fees .............................$

601,000 51,225 32,500 19,800
8,550 4,200 --0--

1638

JOURNAL OF THE SENATE,

Computer Charges .................___________.__.__.____$

Athens Veterinary Laboratory Contract ___.____$

Tifton Veterinary Laboratory Contract _._____.$

Poultry Improvement Contract ........................if

Veterinary Fees ...--,,.......___.. ___.._...... $

Contract with University of Georgia

to Study Asiatic New Castle

Disease ............$

Poultry Research Contract with

Georgia Institute of Technology ........__........$

Indemnities ....... ..^ ...................... ^

Total Funds Budgeted ................... ....^

State Funds Budgeted ..........

^

Total Positions Budgeted

--0-- 200,000 300,000 415,000 525,000
250,000
250,000 100,000 2,757,275 2,757,275
51

3. Marketing Budget:

Personal Services .......................... ^

Regular Operating Expenses ...._.......................$

Travel

................................ .^,

Motor Vehicle Equipment Purchases ....... ._..$

Publications and Printing _._.__.._._._....._...............$

Equipment Purchases _._.-.._.__...._._..__._....._.....__..$

Per Diem and Fees ...............$

Computer Charges .........................

^

Advertising Contract ...._._..................__.__......._.._.$

Authority Lease Rentals .._...............................$

State of Georgia General Obligation

Debt Sinking Fund/Authority

Lease Rentals

......$

Total Funds Budgeted _..._........................_..__...__.$

State Funds Budgeted __.................................._...$

Total Positions Budgeted

1,003,445 171,650 33,200 20,700 10,000 6,200 5,000 --0-- 35,000 945,000
50,000 2,280,195 2,119,195
99

4. General Agricultural Field Forces Budget:

Personal Services .................._..._.........................$

Regular Operating Expenses _.........................$

Travel ...................

$

Motor Vehicle Equipment Purchases ............$

Publications and Printing __......_....._..._._...........$

Equipment Purchases ........................................^

Per Diem and Fees

................. ^

Computer Charges .____________________________._._____...____$

Total Funds Budgeted .._.._.._...._......_........_.._.......$

State Funds Budgeted ................._......__...._....._...$

Total Positions Budgeted

1,170,000 45,700 160,000 23,460 1,500 6,000
--0-- --0-- 1,406,660 1,406,660
124

5. Internal Administration Budget:

Personal Services __...........--................................I

Regular Operating Expenses .................._._.......$

Travel

.....................

.^

Motor Vehicle Equipment Purchases ............$

Publications and Printing _._._._._......._...._..._..... $

Equipment Purchases -----,,-------..-.....__......__..$

729,934 67,950 18,700 4,000 18,600 5,000

TUESDAY, FEBRUARY 19, 1974

1639

Per Diem and Fees .................. 4 Computer Charges ................. $ Total Funds Budgeted .......................................^ State Funds Budgeted .....,,.....___....._...._.__.._...... $ Total Positions Budgeted

1,000 85,620 930,804 913,804
56

6. Information and Education Budget:

Personal Services ..................$

Regular Operating Expenses ............................^

Travel ____._$

Motor Vehicle Equipment Purchases ,,___----$

Publications and Printing _._..__._._.._........_.__..._..$

Equipment Purchases --_-........-....-,,.,,___.,,_.--.--.$

Per Diem and Fees ................... ^

Computer Charges .......

...................$

Total Funds Budgeted ......................................^

State Funds Budgeted ............

$

Total Positions Budgeted

100,760 332,100
1,000 --0-- 159,500
3,000 --0-- --0-- 596,360 596,360
11

7. Fuel and Measures Standards Budget:
Personal Services ...................$ Regular Operating Expenses ......................... ^ Travel ........................$ Motor Vehicle Equipment Purchases .......____.$ Publications and Printing _._-__..___._._...__._________.$ Equipment Purchases ,,..________.__.__.__--...._________--$ Per Diem and Fees ....... ...-.....--..-_.$ Computer Charges ................ ___.__..._...__.$ Total Funds Budgeted .....................................S/ State Funds Budgeted ....................................^ Total Positions Budgeted

610,117 75,400 63,700 22,980
6,600 12,500 --0-- --0-- 791,297 791,297
61

8. Consumer Protection Budget:

Personal Services

............ ^

Regular Operating Expenses ........................... ^

Travel _......._...._.._._.__......-.._._._..._._.....-_-__.__.._.__._..$

Motor Vehicle Equipment Purchases ,,.._....,,._.$

Publications and Printing ___.._._____..___..________._____.$

Equipment Purchases _,,,,___________-__,,_.________________$

Per Diem and Fees ............................................$

Computer Charges ........__.._.__,,_...__.._..._._..__.,,_..$

Total Funds Budgeted ..................................... ^

State Funds Budgeted ._.............._._.__..._..,,.._...._.$

Total Positions Budgeted

477,512 27,100 44,400
--0-- 2,500 2,000 1,000
--0-- 554,512 554,512
38

9. Consumer Protection Field Forces Budget:

Personal Services ...........$

Regular Operating Expenses _._.............__..___-$

Travel

................$

Motor Vehicle Equipment Purchases __.._----.$

Publications and Printing ....._..______......_...__..__..$

Equipment Purchases .......................................^

1,115,909 51,200 115,000 35,160 3,700 2,000

1640

JOURNAL OF THE SENATE,

Per Diem and Pees ,,..----.--------___..,,____--.._...$

Computer Charges ....,,_.___.__..,,.,,____._._..___..._.....$

Total Funds Budgeted _._.___._______.,,.,,._______________.$

State Funds Budgeted ........

.^,

Total Positions Budgeted

--0-- --0-- 1,322,969 1,200,969
98

10. Meat Inspection Budget:
Personal Services ___..._-__._______.________,,_.___.__..________$ Regular Operating Expenses --___,,_,,_.--____,,___$ Travel ................................... ..^ Motor Vehicle Equipment Purchases ..............$ Publications and Printing ........................ ^ Equipment Purchases ............................^ Per Diem and Fees ................. ..^ Computer Charges _._.._.._...__-._-.._--.,,--.-..-.--.--..-$ Total Funds Budgeted ...... ......$ State Funds Budgeted .---------------------------$ Total Positions Budgeted

Budget Unit Object Classes:

Personal Services .................................$

Regular Operating Expenses ....._..-_.__.._....._-$

Travel ..............................................$

Motor Vehicle Equipment Purchases _,,.__.._._.$

Publications and Printing ...............

^

Equipment Purchases ...._._..__.__.........._._._..._.__._..$

Per Diem and Fees ............$

Computer Charges .....$

Fire Ant Eradication .._.__..___..__.._.....-__..............$

Athens Veterinary Laboratory

Contract ...........................................$

Tifton Veterinary Laboratory

Contract ......................................... ^

Poultry Improvement Contract ._.._...._..__.._.....$

Veterinary Fees ..................

......^

Contract with University of Georgia

to Study Asiatic New Castle

Disease .......................,,.,,...,,,,.........,,_.....,,........$

Poultry Research Contract with Georgia

Institute of Technology ...._._.._............_....._...$

Indemnities ____...__._._______..__....-_.____.____..._........__-_$

Advertising Contract ............................... 4

Authority Lease Rentals ..............^

State of Georgia General Obligation

Debt Sinking Fund/Authority

Lease Rentals

... .... -.......$

1,627,228 54,000 154,800
-- 0-- 3,200 1,000 63,000
--0-- 1,903,228
785,228 144
9,494,198 1,023,425
724,000 144,100 265,970 76,900 71,900 85,620 1,500,000
200,000
300,000 415,000 525,000
250,000
250,000 100,000 35,000 945,000
50,000

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals, $50,000 is specifically appropriated for the purpose of making general improve ments at Georgia State Farmers' Markets through the issuance of not to exceed $575,OOX) in principal amount of general obligation debt.

TUESDAY, FEBRUARY 19, 1974

1641

B. Budget Unit: Agrirama Development Authority __.___._,,_____,,._._______.__,,,,____,,,,.,,,,_$
Agrirama Development Authority Budget:
Payments to Authority for Operations _.._...$ Total Funds Budgeted ......................................^ State Funds Budgeted ............ .^, Total Positions Budgeted

340,000
340,000 340,000 340,000
3

Budget Unit Object Class: Payments to Authority for Operations _____,,._______ $

340,000

Section 11. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance __._______.____._..___.______._______..____________._.__$

1,267,220

1. Administration Budget:
Personal Services ._._._..,,_.._..__.... .......................^ Regular Operating Expenses __._--.....___._._-.. ....$ Travel .................. ..^ Motor Vehicle Equipment Purchases ....__.._,,.$ Publications and Printing ___.____-__.__,,__----.....--.$ Equipment Purchases ----.....--..---------$ Per Diem and Fees ...... .---..-.---.$ Computer Charges ................... ....^ Total Funds Budgeted ................ ...^ State Funds Budgeted __.,,...._.__.._......._._._..._.......$ Total Positions Budgeted

278,691 27,760 4,700 --0-- 9,500 1,500 500 8,000 330,651 330,651 20

2. Examination Budget:
Personal Services ......................... ...^ Regular Operating Expenses .-......__.._...--.__.._,,.$ Travel .................... ..^ Motor Vehicle Equipment Purchases ........_...$ Publications and Printing .._,,__._......__.__,,....,,_.$ Equipment Purchases _......,,_.___,,.._....___,,,,..._.,,.$ Per Diem and Fees .........................^ Computer Charges ........ ............... ^ Total Funds Budgeted _..._._._....._.........__....,,__......$ State Funds Budgeted ...._._._....._...__....,,...___._....._.$ Total Positions Budgeted

734,758 2,755
196,506 --0-- --0--
2,550 --0-- --0-- 936,569 936,569
53

Budget Unit Object Classes:
Personal Services ......................... ...^ Regular Operating Expenses ___.......__._,,....._. $ Travel ........................$ Motor Vehicle Equipment Purchases ....,,_.___.$ Publications and Printing .__.___......_.______.......,,.$ Equipment Purchases ........................ ..^ Per Diem and Fees _____..._,,________._.__,,,,.______.._.______$ Computer Charges ............................ ....^

1,013,449 29,759
201,206 --0--
9,500 4,806
500 8,000

1642

JOURNAL OP THE SENATE,

Section 12. Department of Community Development.

A. Budget Unit: Department of Community Development ........._......_......_._....._...........$ 14,096,963

1. Industry Budget:
Personal Services ..............................................if Regular Operating Expenses _----.___________.___.__$ Travel .._.._..$ Motor Vehicle Equipment Purchases ____________$ Publications and Printing _._.....__.._______.._.________.$ Equipment Purchases ....._._......-....--......._.....$ Per Diem and Fees _._..._._.._....___________.___.___.____.__.$ Computer Charges ._....---------$ Total Funds Budgeted __..___.._______.,,.__..__.._...._..__..$ State Funds Budgeted ___.___.._..___._______.___________.___.$ Total Positions Budgeted

243,478 33,700 47,000
--0-- 3,100
--0-- 4,500
--0-- 331,778 331,778
15

2. Research Budget:

Personal Services .................................$

Regular Operating Expenses

........ $

Travel ........._._...............,,$

Motor Vehicle Equipment Purchases .._._....._.$

Publications and Printing ................................if

Equipment Purchases ____________...._.--___.__._..._______.?

Per Diem and Fees __...._._____.__...-_._.__.._...___.__..____$

Computer Charges ___.._.,,_______.._____._._..__.________.___$

Total Funds Budgeted ...._............_....................$

State Funds Budgeted __.._._.__..__.._______..__.._.......$

Total Positions Budgeted

217,369 29,200 5,239 --0-- 2,100 2,000
1,800 27,625 285,333 285,333
17

3. Tourist Budget:
Personal Services _____________..._.___.___.___.__..__........$ Regular Operating Expenses ......................... $ Travel -.--............._........ $ Motor Vehicle Equipment Purchases ............$ Publications and Printing ....._.._..._._.._.._....._.....$ Equipment Purchases ....._......_._......_...._....._..._...$ Per Diem and Fees .._.........._......_._.......................$ Computer Charges ................_._......_....................$ Capital Outlay _.......__................_....._._................$ Total Funds Budgeted ................_._.....__..._.._.......$ State Funds Budgeted ...................................... $ Total Positions Budgeted
4. Community Affairs Budget:
Personal Services __...._..._._._.....__.._._...................$ Regular Operating Expenses .._._................ ... $ Travel ...__._.___________,,_____.__________._._____._____.____.._._._._._. $ Motor Vehicle Equipment Purchases ............$ Publications and Printing ...._..............._..__._.._..$

620,663 418,450
38,300 --0--
300 6,100 42,300 4,000 100,500 1,230,613 1,230,613
70
287,214 44,667 13,340 --0--
6,448

TUESDAY, FEBRUARY 19, 1974

1643

Equipment Purchases _______,,____________----,________.$

Per Diem and Fees ___.___.....__.._._____..........-..._.....$

Computer Charges ___.____.._.______..____.-.._----.__..__..$

Total Funds Budgeted . .

... $

State Funds Budgeted

.... .. $

Total Positions Budgeted

1,215 2,215 --0-- 355,099 118,367
18

5. Internal Administration Budget:

Personal Services

....

$

Regular Operating Expenses _........._._....._...-.$

Travel

...

$

Motor Vehicle Equipment Purchases ___._.._____ $

Publications and Printing ___._._____.._..___._..________.$

Equipment Purchases ......... ....._...$

Per Diem and Fees ...._._..._.._........_._._____._..._......._.$

Computer Charges ....._..__.......-...____..._.._-._....-...$

Total Funds Budgeted ___.___.___.___._____...__.......__.._._.$

State Funds Budgeted __.___.___.___.___._._._....__.._______.$

Total Positions Budgeted

465,000 392,900
26,600 --0--
25,500 6,600 56,500 17,000 990,100 934,042
34

6. International Budget:

Personal Services ..........----.$

Regular Operating Expenses

..

$

Travel ____.,,_.________________.._____._____.________.__.._._.___________ $

Motor Vehicle Equipment Purchases --...._.__. $

Publications and Printing ...........

$

Equipment Purchases .._.........__._____._..$

Per Diem and Fees ............$

Computer Charges ...........$

Total Funds Budgeted ........... $

State Funds Budgeted ........___..__..._.__.._........_.._...$

Total Positions Budgeted

49,152 103,900 77,600 --0-- --0--
1,000 54,600 --0-- 286,252 286,252
3

7. Advertising Budget:

Advertising

....

........$

Total Funds Budgeted .......

$

State Funds Budgeted ._.._._.......__.... .. .._.....$

Total Positions Budgeted

750,000 750,000 750,000 --0--

8. Grants to Area Planning and Development Commissions Budget:
Grants to Area Planning and Development Commissions . .--.---..._..._.. $
Total Funds Budgeted _________________..........._.__.$ State Funds Budgeted .............._....._._....... .. $ Total Positions Budgeted
9. Area Development Budget:
HUD--701 Planning Grants ...._._..:.._......_...__..$ Total Funds Budgeted __._...._.. ..... ....___._..._._ $ State Funds Budgeted __________..............--_._______.$ Total Positions Budgeted

1,170,000 1,170,000 1,170,000
--0--
2,300,000 2,300,000
--0-- --0--

1644

JOURNAL OF THE SENATE,

10. World Congress Center Budget:
State of Georgia General Obliga tion Debt Sinking Fund/ Authority Lease Rentals ..............................$
Total Funds Budgeted ...... .... $ State Funds Budgeted .__............-.-._--........$ Total Positions Budgeted

3,043,478 3,043,478 3,043,478
--0--

11. Ports Authority Budget:

General Obligation Bonds .............._..._._._.___.._..$

Outstanding Authority Lease

Rentals

,,.,,..,,.,,$

Total Funds Budgeted

...................$

State Funds Budgeted ......$

Total Positions Budgeted

3,947,100
2,000,000 5,947,100 5,947,100
--0--

Budget Unit Object Classes:

Personal Services

.._,,.,, $

Regular Operating Expenses .--............___.._. $

Travel

...............

^

Motor Vehicle Equipment

Purchases .........................,,_,,,,,,.-_..$

Publications and Printing ...................... $

Equipment Purchases .............. ^

Per Diem and Fees ._.___._.....____.___.._.,,._.____________.$

Computer Charges __.__.____..__._.__.__..-_.....-......-..$

Advertising _.._._._...._.............._._.______________._._...._.$

Grants to Area Planning and

Development Commissions .__..__._.....___.___.__..$

HUD--701 Planning Grants ..........................$

Capital Outlay ...................$

State of Georgia General

Obligation Debt Sinking

Fund/Authority Lease

Rentals ........$

Outstanding Authority Lease

Rentals ........................

$

General Obligation Bonds ___.__.-_...._-_-_--$

1,882,876 1,022,817
208,079
--0-- 37,448 16,915 161,915 48,625 750,000
1,170,000 2,300,000
100,500
3,043,478
2,000,000 3,947,100

Provided, that from the above appropriated amount, $3,043,478 is specifically appropriated for the purpose of financing the construction and equipping of the pro posed World Congress Center in the City of Atlanta through the issuance of not to exceed $35,000,000 in principal amount of general obligation debt or through the issuance of not to exceed $35,000,000 in principal amount of bonds by the Georgia Building Authority. Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said undertaking, said amount shall be ap propriated to the "State of Georgia General Obligation Debt Sinking Fund". Should the Commission determine that said undertaking be financed through the issuance

TUESDAY, FEBRUARY 19, 1974

1645

of bonds by the Georgia Building Authority, said amount shall be appropriated to the Department of Community Development and used for the purpose of paying lease rentals.
Provided, that of the above appropriation relat ing to Capital Outlay, $10,000 is designated and com mitted for the planning of the West Georgia Welcome Center.
Provided, that of the above appropriation relating to Capital Outlay, $90,500 is designated and committed to construct a Welcome Center for North Georgia, in Lumpkin County.

Provided, that of the above appropriation relat ing to Regular Operating Expenses, $30,000 is desig nated and committed for the Georgia Hall of Fame.

Provided, that of the above appropriation relat ing to Regular Operating Expenses, $25,000 is desig nated and committed for the State of Georgia's float in the Rose Bowl Parade.

Provided, that of the above appropriation relating to General Obligation Bonds, $3,097,100 is designated and committed to pay rentals to the Georgia Ports Au thority to permit the issuance of bonds to finance the Capital Improvements Program of the Georgia Ports Authority.

B. Budget Unit: State Crime Commission ........________.........______..__,,...._.._._.....$ 1,046,862

1. State Crime Commission Budget:

Personal Services -- -__,,__._.,,_$

Regular Operating Expenses --._,,____________..__ $

Travel -

-

_.-^

. _.,,

$

Motor Vehicle Equipment

Purchases -_..---___.-_.-----___..__...-_---.___......---_.$

Publications and Printing __..._..__........_.______...._.$

Equipment Purchases .,,.

,,,,_

$

Per Diem and Fees ___--.........._________......_--__._-_ $

Computer Charges .._.----___..........--.___.___--..._-_.$

Total Funds Budgeted .......

...,,.$

State Funds Budgeted

..

$

Total Positions Budgeted

547,485 111,674 22,000
--0-- 10,500 2,000 9,000 51,180
753,839 63,112 36

2. LEAA Grants Budget:
LEAA Action Local ....._.$ LEAA Action State -______....._.__._.___--.._.....______.$ LEAA Planning _.....--..__......._..,,$

8,436,528 5,397,222
460,000

1646

JOURNAL OF THE SENATE,

Total Funds Budgeted

...

$ 14,293,750

State Funds Budgeted -__._..._..._...-_..._.._._..._.._..$ 983,750

Total Positions Budgeted

--0--

Budget Unit Object Classes:
Personal Services _.-.___..__._...___.,,_._._._..._...__.._--..$ Regular Operating Expenses ___..._._...._.._...___.$ Travel ....-.,......--$ Motor Vehicle Equipment
Purchases _.._.__.._-_....____...-_.._._-..._.._...._....__-..$ Publications and Printing __...___.....__..._.__.....__.$ Equipment Purchases .__...-__-..___..._-_.._._-.._......$ Per Diem and Fees __...._.__..._..._._.__..__....___...__..$ Computer Charges __..._.._.._.__..__....._,,._._......_,,.__.$ LEAA Action Local ..-_...._..._.......-.__._._._...._..$ LEAA Action State ....__..__.._.._....._.._.__.._.._...___.$ LEAA Planning ___...____. ..__,,__._.._.. ...._...._...,,._...$

547,485 111,674 22,000
--0-- 10,500 2,000 9,000 51,180
8,436,528 5,397,222
460,000

For general administrative cost of operating the Department of Community Development, including advertising expense and Grants for Area Planning and Development Commissions. For general administrative cost of operating the State Crime Commission Office, including the State "buy-in" for Law Enforcement Assistance Agency grants to local governmental units.

Section 13. Office of Comptroller General.

Budget Unit: Office of Comptroller

General

.-.--..,, $ 2,931,381

1. Internal Administration Budget:
Personal Services ___..._._-..__...........__..__._.........___ $ Regular Operating Expenses __.___--__,,--__--_$ Travel -- --_-,,._......,,.$ Motor Vehicle Equipment
Purchases _..___--,,__-_,,_--____...___..__._.____..._._..___.$ Publications and Printing ..._._.,,_......_._.._.._.._._..$ Equipment Purchases ._...._......__..___...____...___...___.$ Per Diem and Fees ....___..___.........__..._._..._.__.._._...$ Computer Charges .,,--.--.-__--_.-...__.-._._--__.-_..$ Total Funds Budgeted ___.___.____,,.__________,,_________$ State Funds Budgeted _._.____.___________,,_____..____.___.$ Total Positions Budgeted

302,760 52,975 12,300
--0-- 4,400 275 8,000
--0-- 380,710 380,710
21

2. Insurance Regulation Budget:
Personal Services ...._._...__-...__..._._....__._...__..._.....$ Regular Operating Expenses _.-___,,______________.$ Travel .___-...___..____.____..__._.,,.__.,,___...__.._.___...___....__.$ Motor Vehicle Equipment
Purchases _____---___--__,,._-_--____.___--_________,,,,$ Publications and Printing ....___..._._...___.._........_.$ Equipment Purchases --..--_.,,--.,,___,,--..__--.,,--$

479,520 21,350 7,000
--0-- 26,700 500

TUESDAY, FEBRUARY 19, 1974

1647

Per Diem and Fees - ...._.... .... ... _..._._.__.....-._ $ Computer Charges _-__..___......---.________._---._..$ Total Funds Budgeted ................................ ^ State Funds Budgeted ___._____._...__._______....._....__$ Total Positions Budgeted

6,200 25,000 566,270 566,270
41

3. Industrial Loans Regulation Budget:

Personal Services ..._._............._._.._._. ...._........ $

Regular Operating Expenses ._.____...___..--.-__ $

Travel __.__...._.___..__.._...._...._.........._-.__..._........_._._.. $

Motor Vehicle Equipment

Purchases ._.._._.. ..__._-.-......__

$

Publications and Printing ___..________________.___.___$

Equipment Purchases .......__.. ...........__.......... $

Per Diem and Fees ____.. ...................................$

Computer Charges ..... _________._.....___________,,_._--_._ $

Total Funds Budgeted ...._._._..._......._.._._._......$

State Funds Budgeted ..._.......... ......_.._.......... $

Total Positions Budgeted

197,052 19,200 14,500
--0-- 1,600
--0-- --0-- --0-- 232,352 232,352
16

4. Information and Enforcement Budget:
Personal Services _. .......... .........__........_$ Regular Operating Expenses _..........._. ______ $ Travel _______.._____________.....__________.__. ......____________._..$ Motor Vehicle Equipment
Purchases _____.._______.... ......-..._____........______$ Publications and Printing ...........................^ Equipment Purchases . .--------_____._...___.._--___ $ Per Diem and Fees __.____... ...--.,,._____________..--___.$ Computer Charges ___________ .. -_________________....._.$ Total Funds Budgeted .________________..____________.___.$ State Funds Budgeted ..___.._____.___............____.. $ Total Positions Budgeted

335,379 26,545 14,000
--0-- 5,000 375
--0-- --0-- 381,299 381,299
30

5. Fire Safety and Mobile Home Regulation Budget:

Personal Services _____._._...._........________.___.__...._.___$

Regular Operating Expenses ___________.__.... ._.._ $

Travel

.

.$

Motor Vehicle Equipment

Purchases _--------___. .._-------_______......----____ $

Publications and Printing .... .________......_____ ___.$

Equipment Purchases ___.___.__.--_______________-..____.$

Per Diem and Fees .__.________________._,,. ._.______________.$

Computer Charges ____....____________________...___.._______.$

Total Funds Budgeted .......______________.....______.$

State Funds Budgeted .... ...._._______.___._.......$

Total Positions Budgeted

1,102,800 44,300 204,200
--0-- 17,500 1,950
--0-- --0-- 1,370,750 1,370,750
113

Budget Unit Object Classes: Personal Services ......_.__________..._.__________________.___..$

2,417,511

1648

JOURNAL OF THE SENATE,

Regular Operating Expenses --.--.____________..._.$

Travel

..............................I

Motor Vehicle Equipment

Purchases .-..._._......_...._...._...$

Publications and Printing ______________.___.._________._.$

Equipment Purchases ______,,__________________________,,.$

Per Diem and Fees ..--.,,...,,--...... $

Computer Charges ...--.--...$

164,370 252,000
--0-- 55,200 3,100 14,200 25,000

Section 14. Department of Defense. Budget Unit: Department of Defense _.__.___.____.$ 1,739,123

1. Administration and Support of State Militia Budget:

Personal Services

.._._...._...$

Regular Operating Expenses ._--__._____________-.$

Travel ,,..,,__._,,_..........

$

Motor Vehicle Equipment

Purchases _____,,--_----________,,__.._-_,,____________.... $

Publications and Printing .___.,,________________.___.___.$

Equipment Purchases ___._-......._-.___._._____.....___.__..$

Per Diem and Fees ......_..______..__.......-.__.__...__..$

Computer Charges ___________,,__....._________.__..........$

National Guard Units Grants _______________._______.$

Georgia Military Institute

Grant

_,,___,,.__,,._____,,_.$

Civil Air Patrol Contract ..-.... $

Total Funds Budgeted ___..........._________._.......__..$

State Funds Budgeted ._......___.___.._..........._.______..$

Total Positions Budgeted

501,795 84,600
5,500
--0-- 21,500 26,100 8,500
--0-- 200,000
16,000 50,000 913,995 913,995
36

2. Civil Defense Budget:
Personal Services ___._-..........__..__.__--.........._____..$ Regular Operating Expenses _----..._.___.__.___.$ Travel ________________________________________________________________ $ Motor Vehicle Equipment
Purchases ___._,,.--------._______,,_----.__________..__.$ Publications and Printing ___..._.____.___.____,,..._.$ Equipment Purchases ___.___.........._________..........._..$ Per Diem and Fees ___.__.__........_..__.___.__.........___..$ Computer Charges --._.....-.-__.___.--.--.....____.____.-.$ Tornado Detection Development
Contract with Georgia Institute of Technology _........_______________.__.....$ Total Funds Budgeted .__.-...__________..__._..........$ State Funds Budgeted ._...__..__.__.__............._...-.$ Total Positions Budgeted

425,740 67,400 20,000
--0-- 6,500 50,000 100
--0--
78,000 647,740 377,698
33

3. Community Shelter Planning Budget:

Personal Services ___.___.______............-...__..._.._......$

Regular Operating Expenses -----_------.__..$

Travel

......^....$

88,821 3,500 12,500

TUESDAY, FEBRUARY 19, 1974

Motor Vehicle Equipment

Purchases

--

$

Publications and Printing ..... ......._....._....... $

Equipment Purchases ----- ............... . .... $

Per Diem and Fees ___.._... ..--.--..__.__.... ......._..__ $

Computer Charges ---------------- .. ...-- $

Total Funds Budgeted _._..__......_....... _._...___$

State Funds Budgeted _._.._....

... $

Total Positions Budgeted

1649
--0-- --0--
2,000 --0-- --0-- 106,821 --0--
7

4. Armory Maintenance and Repair Budget:

Personal Services ---------------------------$

Regular Operating Expenses .....................^.$

Travel

.----

$

Motor Vehicle Equipment

Purchases ------.------------.----------.. $

Publications and Printing ...._..._.._.........._...... $

Equipment Purchases ---------------------- $

Per Diem and Fees ------------------------ $

Computer Charges .... - -------------- _--.--_.$

Total Funds Budgeted _..............._._..__.._... .... $

State Funds Budgeted

.

$

Total Positions Budgeted

58,160 145,270
3,000
--0-- --0--
5,000 --0-- --0-- 211,430 211,430
5

5. Service Contracts Budget:

Personal Services ....._....__..... ._..____________________$

Regular Operating Expenses __________----- $

Travel . ......_.._._._._._._......._.........._._..._.._........_.._.$

Motor Vehicle Equipment

Purchases

._....$

Publications and Printing _._.___.._..._..........._.....$

Equipment Purchases ------...._.. $

Per Diem and Fees ----------.--------------$

Computer Charges ............................................ ^

Total Funds Budgeted .................................^

State Funds Budgeted . -------------- ..._..$

Total Positions Budgeted

1,021,606 146,808 1,000
--0-- --0-- --0-- --0-- -- 0-- 1,169,414 236,000
112

Budget Unit Object Classes:

Personal Services _...._..............._.._._._........_....._$

Regular Operating Expenses ...._____

$

Travel ------------------------ ......____.._._._.. ..$

Motor Vehicle Equipment

Purchases ----..._---------- ..--------------$

Publications and Printing __...__.__..........._.._._.._..$

Equipment Purchases ....... ...------------------$

Per Diem and Fees ------------------------$

Computer Charges --.------------------------$

National Guard Units Grants ................... . $

Georgia Military Institute

Grant ------------

......_.._...._..$

Civil Air Patrol Contract ........... ..------------$

2,096,122 447,578 42,000
--0-- 28,000 83,100 8,600
--0-- 200,000
16,000 50,000

1650

JOURNAL OF THE SENATE,

Tornado Detection Development

Contract with Georgia Institute

of Technology

. ......___.._........ $

78,000

Section 15. State Board of Education -- Department of Education.

A. Budget Unit: Department of Education ______ ....$ 572,063,835

1. General Education Budget:

Personal Services ________________________________________$ 769,347

Regular Operating Expenses _..__________________$ 207,551

Travel __________________ ______________.__________._____________.___$

48,819

Motor Vehicle Equipment

Purchases _________________ ...._..._..... ................if --0--

Publications and Printing _______ ______________ $

68,504

Equipment Purchases ._............_._....... .. .________$

7,600

Per Diem and Fees ______________ ._______.____$

37,683

Computer Charges _....._............._........

. __$

--0--

MFPE Grants:

Section 11 Teachers Salaries ______________ .. . $ 260,358,257

Section 12 Teachers Salaries -__ ._...___.$ 44,590,720

Section 13 Maintenance,

Operation and Sick Leave _ ........... $ 41,795,404

Section 17 Isolated Schools ...................... $

59,550

Section 19 Travel ... . _______________

______$

919,469

Non-MFPE Grants:

Mid-term Adjustment _________________ ..._......$ 2,585,477

Teachers Retirement ________ _ _____________________ $ 26,797,744

Driver Education _________ ____________ ... _ . ....$ 375,000

Cooperative Educational

Service Agencies __________.._________________________$ 2,502,000

Superintendents' Salaries _____________ ______________$ 2,810,023

Instructional Assistance ............. .........._.....$ 7,000,000

Education of Children from

Low-Income Families

(Migratory) .......... .________________.__________________$ 431,000

Total Funds Budgeted _________._________________________.$ 391,364,148

State Funds Budgeted ______._____________________..______$ 390,272,325

Total Positions Budgeted

45

2. Early Childhood Education Budget:
Personal Services ___________________________________________ $ Regular Operating Expenses __..__._..._______________.$ Travel _______________________________________________________ _______.$ Motor Vehicle Equipment Purchases ........... $ Publications and Printing ______ ____________________ $ Equipment Purchases .......... .._.._._.__..._......... $ Per Diem and Fees __ __. _________________________ ___ $ Computer Charges _____________________________ __________$ Grants:
Pre-School Training ____._..______.____________________$

102,020 10,638 11,000
--0-- 4,500 500 600
--0--
4,433,043

TUESDAY, FEBRUARY 19, 1974

1651

Pre-School Pupil Transportation ...... . ... $ Total Funds Budgeted ................. .... ..............$ State Funds Budgeted ._._.._._._.__..._.._.._.._...... . $
Total Positions Budgeted

1,079,384 5,641,685 5,641,685
7

3. Regular Vocational Education Budget:

Personal Services ..... ......... - .....................$

Regular Operating Expenses ......_._._._._.._... .. $

Travel ...._..._.........._._._._._...._..._...__._._.__.... ......$

Motor Vehicle Equipment Purchases ._.........$

Publications and Printing ._._.........._................$

Equipment Purchases __..........._..._.... .__..._...._$

Per Diem and Pees ._._.__....... ................ ___.._....$

Computer Charges ___._._.. ........................_........$

Grants:

High School Program .......................... $

Teacher Retirement ........................... ......$

Teacher Training and Research .............. $

Adult Education ...............................

$

Area Vocational Technical

Schools .._.....__..._...... -------------------$

Manpower Development and

Training _........_____._._...__.......______._...._._........ $

General Obligation Bonds .........._._._.._........__._..$

Total Funds Budgeted .................... ......... $

State Funds Budgeted ....._...._....._......_......_...... $

Total Positions Budgeted

1,848,185 133,601 132,353 --0-- 24,504 9,890 7,700 698,817
17,567,129 1,911,961
833,503 2,484,181
27,054,668
3,160,000 --0--
55,866,492 38,931,549
135

4. Special Education Budget:
Personal Services .__....._............._................ - $ Regular Operating Expenses ._........_........._..._ $ Travel .._............._....__._...... .......................$ Motor Vehicle Equipment Purchases ...... .. $ Publications and Printing ....................._.._..$ Equipment Purchases ._..._...._._..._._.._....... .......$ Per Diem and Fees ......_._...__..._..._.._................ $ Computer Charges --------.------------------$

349,842 51,200 41,900
--0-- 2,791 3,500 3,000
--0--

MFPE Grants:

Section 13 Maintenance,

Operation and Sick Leave .......... ........_...$

Section 18 Transportation _......._...._............$

Section 19 Travel .._._._......_........................... $

Section 20 Teachers Salaries ._...............$

Non-MFPE Grants:

Instructional Services for

the Handicapped ------ ...._..._...._...$

Preparation of Professional

Personnel in Education of

Handicapped Children .......... ..............$

Educational Training Services

for the Mentally Retarded ......

.. $

Tuition for the Multi-handicapped ........... $

5,751,807 1,745,220
--0-- 34,711,922
767,655
93,072
250,000 522,000

1652

JOURNAL OP THE SENATE,

Severely Emotionally Disturbed ________.______.___.$

Teacher Retirement ___________.___._...__._........__.._..$

Total Funds Budgeted

.

$

State Funds Budgeted

$

Total Positions Budgeted

4,036,800 2,950,514 51,281,223 50,209,417
25

5. Compensatory Education Budget:

Personal Services

$

Regular Operating Expenses -___.________________.__..$

Travel

__...........$

Motor Vehicle Equipment Purchases .__......_..$

Publications and Printing __.....,,._........_........_.$

Equipment Purchases ......................................if

Per Diem and Fees .. ._____....__..___._____.._______._______.$

Computer Charges

$

Education of Children of

Low-Income Families ._............... .........._.$

Total Funds Budgeted ___.._..._.._......--.... ._...__.__.$

State Funds Budgeted _______._....______..____.___._______$

Total Positions Budgeted

2:7'5,470 27,644 16,400 --0--
750 306 100 --0--
41,483,227 41,803,897
42,304 23

6. Instructional Materials Budget:

Personal Services _..__._._.__.._._________-________-__-___-___.$

Regular Operating Expenses --..__--.._.--.....--.$

Travel .............. .^

Motor Vehicle Equipment Purchases _______.____$

Publications and Printing ._.._.............__.._....$

Equipment Purchases ...--_________________________________ $

Per Diem and Fees ._..............__...__.___.____._--__._._.$

Computer Charges

. . - .. $

MFPE Grants:

Instructional Media ._..._..__.._._...._.._._._._.__..$

Non-MFPE Grants:

School Library Resources and

Other Materials

. ..... ....... . ....$

Strengthening Instruction in

Critical Subjects ._.............._...._..._.._._._._.....$

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

118,394 64,373 11,265 --0-- 20,988 10,000
1,000 --0--
9,167,787
1,925,000
1,707,947 13,026,754
9,234,148 11

7. Educational Media Budget:

Personal Services _._.._..._.._._...____-_-_----...-.$

Regular Operating Expenses ___..__.___._._.____......$

Travel

.

$

Motor Vehicle Equipment Purchases _--,,_---$

Publications and Printing ._........____...__.___......_..$

Equipment Purchases ___.___.________._.._._...__..._.._._.$

Per Diem and Fees ___.___.___.____._...__._._...._...__._._...$

Computer Charges .....--_----_------------------$

Authority Lease Rentals ... .................. . .. ......$

Capital Outlay _.__.___._........-...........--......-..-.....$

2,082,877 1,273,324
61,601 4,800 89,171 13,943 103,033 --0-- 333,204 --0--

TUESDAY, FEBRUARY 19, 1974
Grants:
Summer Library Supervisory Program ....._....... ............................ ... ....$
Educational Television ............................... ^ Total Funds Budgeted _.._._._.__.______.__..._______.___.$ State Funds Budgeted .......................................$ Total Positions Budgeted

1653
59,252 56,186 4,077,391 3,955,758
194

8. Pupil Personnel Services Budget:

Personal Services

......

$

Regular Operating Expenses ___.........__--..._..... $

Travel ._...........

.

$

Motor Vehicle Equipment Purchases ....... ....$

Publications and Printing .........._..._..__.._..__.._.. $

Equipment Purchases .._...... ..............--.--.--.$

Per Diem and Fees .. . .............._..._..__...._..__...... $

Computer Charges __________..._...__...___.._..--_------.$

Grants:

Psychological Services ...._...._..__..._......_...... $

Guidance, Counselling and Testing ___________.$

Total Funds Budgeted _._.__..._..__........_.............. $

State Funds Budgeted ......................................$

Total Positions Budgeted

221,368 33,917 19,300 --0--
1,400 250
3,919 --0--
48,000 200,000 528,154 491,689
15

9. Ancillary Services Budget:

Personal Services ....._......_.......... ..................^

622,922

Regular Operating Expenses _._..._._._._.._......... $

65,145

Travel ........_._.._._._..._..._............. ...._.................._.$

56,498

Motor Vehicle Equipment Purchases ... . .... $ --0--

Publications and Printing . - ....__.._._._._.__.$

8,933

Equipment Purchases .......... - ... . ................$

2,484

Per Diem and Fees ..........................................$

6,699

Computer Charges ..... . ..__.__._______.___.___......--$ --0--

MFPE Grant:

Section 18 Pupil Transportation ......_.___$ 23,208,745

Non-MFPE Grant:

School Lunch .._._._....._._......_............ ........... $ 67,712,554

Grants to School Systems for

Authority Lease Rentals

Payments to Georgia

Education Authority ......_..._._._._................$ 26,804,591

General Obligation Bonds ....._..._........... .... $ 2,845,000

Grants Direct to School Systems

for Capital Outlay Purposes ... .............. $

724,243

Total Funds Budgeted .._.........._............. ......... $ 122,057,814

State Funds Budgeted ............_._..._........ . .....$ 63,742,407

Total Positions Budgeted

48

10. Statewide leadership Budget:
Personal Services .............. .........._.._...... - $ Regular Operating Expenses ........................^ Travel ._......._....... ......._.._...___._._.._..___.... ...._._.......$

603,603 30,725 42,100

1654

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases .__..._... $ Publications and Printing _____________________________ $ Equipment Purchases --.____________..____.______________.$ Per Diem and Fees _____________ ____________________________ $ Computer Charges --.-..___________________________________$ Total Funds Budgeted _____ .___._______________________.$ State Funds Budgeted _...________________._.________..__$ Total Positions Budgeted

--0-- 4,739 4,000 6,000
--0-- 691,167 645,262
41

11. Financial Services Budget:
Personal Services ____._..-..__________________________.._____..$ Regular Operating Expenses _________________________ $ Travel _______________ ___._______.________.____._..._..________._______.$ Motor Vehicle Equipment Purchases ___________ $ Publications and Printing _________..._____.._....____.$ Equipment Purchases _________________ _....._________.$ Per Diem and Fees ______.__.,,.__... _._.._._______________.$ Computer Charges __________.._. _________________________ $ Total Funds Budgeted ..__._.__.___________...._ $ State Funds Budgeted ____________________ ..._._..__$ Total Positions Budgeted

224,947 19,194 17,939 --0-- 12,376 2,148 --0-- --0-- 276,604 213,141
16

12. Program and Staff Development Budget:

Personal Services _________________________ .__________________$

Regular Operating Expenses _______________.$

Travel __________________ ._ ____________________ ________________$

Motor Vehicle Equipment Purchases ... _ .. $

Publications and Printing _____________ _ .._..._$

Equipment Purchases __.__ _ ______________________ $

Per Diem and Fees _______.. ____________________________..__.$

Computer Charges ___._______.__._.___.__ _ .

_..$

585,246 375,010 22,981 --0--
9,225 4,447 12,360 --0--

Grants:

Supervising Teachers __________ .... _ ____$

Supplementary Education

Centers and Services ... _______________________ $

Teacher Scholarships _____________________ _ _ ________$

In-Service Grants ______________........_.___._________.___.$

Total Funds Budgeted ,,...._______.___.________.__.___.$

State Funds Budgeted _______________

....___.___.$

Total Positions Budgeted

145,000
2,504,951 131,000 490,000
4,280,220 1,595,191
48

13. Public Library Services Budget:
Personal Services __________ ._____________________.._.__.$ Regular Operating Expenses _____________...____.___$ Travel ____________________________ ______________________ ._....$ Motor Vehicle Equipment Purchases ..... . $ Publications and Printing ___________________ ... $ Equipment Purchases ........ ......................$ Per Diem and Fees _________________ . .__._____._______$ Computer Charges ___________________________________ .. __$

562,144 191,102
9,007 --0--
9,255 35,958
600 --0--

TUESDAY, FEBRUARY 19, 1974

1655

Grants:

Salaries and Travel of

Public Librarians .................. .

$

Public Library Services and

Materials .... .......... . ...........

$

Teacher Retirement - ............ . .. ... _$

Public Library Construction ._....... . ....... $

Total Funds Budgeted ....................... ......$

State Funds Budgeted __ .................. ..... $

Total Positions Budgeted

2,341,340
2,480,917 188,865 --0--
5,819,188 5,121,867
59

14. Staff Services Budget:

Personal Services ...................... .......... . $

Regular Operating Expenses ....... ........ $

Travel ..

...... ....... . ............. ...... $

Motor Vehicle Equipment Purchases ..... $

Publications and Printing .. _______ ______ $

Equipment Purchases . ........... . ...... _ . $

Per Diem and Fees .. ... . ...... _ .. ... $

Computer Charges _________ ... _______ ___ $

Total Funds Budgeted __________ ______ ____ $

State Funds Budgeted ____ ______ .......... $

Total Positions Budgeted

1,343,180 154,372 19,256 --0-- 88,390 10,546 1,000 575,000
2,191,744 1,671,253
112

15. State Board and State Superintendent Budget:

Personal Services .... ....... __ ......

$

Regular Operating Expenses ....... ....... $

Travel ___________ ...... _________ ___________ ___ $

Motor Vehicle Equipment Purchases ..... ... $

Publications and Printing _________ .. ... . $

Equipment Purchases _______ _________ ......... $

Per Diem and Fees __ ________ ________ ______ $

Computer Charges ..... _______ ...... __$

Total Funds Budgeted __________ .. . . . _ if

State Funds Budgeted __ _

$

Total Positions Budgeted

172,465 49,341 10,500 --0-- 11,100
1,000 66,200 --0-- 310,606 198,422
9

16. Surplus Property Budget:

Personal Services ..... ........ ......... _ .... .$

Regular Operating Expenses ..... ....... .... $

Travel _............_.........._.............-......_._... ......$

Motor Vehicle Equipment Purchases ... $

Publications and Printing __________ . ..... $

Equipment Purchases _ ... ...... ...... ......... $

Per Diem and Fees ............. ..... ________ ... $

Computer Charges . . .... .... ......... --... ..... $

Total Funds Budgeted

_____ .... _ _ $

State Funds Budgeted . .

$

Total Positions Budgeted

378,408 142,319
16,000 --0--
2,500 12,000 --0-- --0-- 551,227 --0--
40

1656

JOURNAL OF THE SENATE,

17. U.S.D.A. Pood Distribution Budget:

Personal Services ___.___......_._____________________________$

Regular Operating Expenses ..........................if

Travel _....__.....__._____._.........______________________________.____$

Motor Vehicle Equipment Purchases . ._._.___.$

Publications and Printing _______________________________ $

Equipment Purchases

_._._......_._._.... $

Per Diem and Fees -___-__.________________________________.._.$

Computer Charges ............................................$

Total Funds Budgeted _____________________________________ $

State Funds Budgeted ___.______________________________._.$

Total Positions Budgeted

153,993 6,686 18,500
--0-- 750 500
--0-- --0-- 180,429
97,417 14

Budget Unit Object Classes:

Personal Services .....,,.----....... ........... _._______$

Regular Operating Expenses ..____........._._....$

Travel ______..._____.................................... ............... $

Motor Vehicle Equipment Purchases ._.._...._..$

Publications and Printing _______________ ____.____.$

Equipment Purchases ___...... _________________________ $

Per Diem and Fees ............................................^

Computer Charges

.

$

10,414,411 2,836,142
555,419 4,800
359,876 119,072 249,894
1,273,817

MFPE Grants:

Section 11 Teachers Salaries __._______________$ 260,358,257

Section 12 Teachers Salaries ......... ..........$ 44,590,720

Section 13 Maintenance,

Operation and Sick Leave _____________________ $ 47,547,211

Section 15 Instructional

Materials ___________________________________________________ $ 9,167,787

Section 17 Isolated Schools . . . .... ..... $

59,550

Section 18 Pupil

Transportation--Regular _________________._.._$ 23,208,745

Section 18 Pupil

Transporation -- Special .._...__..___._________.$ 1,745,220

Section 19 Travel ______________________________________ $ 919,469

Section 20 Teachers Salaries ___________________$ 34,711,922

Section 48 Mid-Term Adjustment .... . ..$ 2,585,477

Non-MFPE Grants:
Teacher Retirement ____.__..._...._....__.._....._______.$ Driver Education __________________________________________$ Cooperative Educational
Service Agencies _______________________________________$ Superintendent's Salaries ___________________________ $ Instructional Assistance ............................. $ Education of Children from
Low-Income Families ____.._.____.________________$ High School Program ______________________________._$ Teacher Training and Research _______________ $ Adult Education ________________________.__.________________$ Area Vocational-Technical
Schools .__.-..----.----_----------$

31,849,084 375,000
2,502,000 2,810,023 7,000,000
41,914,227 17,567,129
833,503 2,484,181
27,054,668

TUESDAY, FEBRUARY 19, 1974

1657

Manpower Development and

Training ....

...$

Instructional Services for the

Handicapped .._..._.._......_...._...................... $

Preparation of Professional

Personnel in Education of

Handicapped Children ......_................... $

Educational Training Services

for the Mentally Retarded .._..__.............. $

Tuition for the Multi-Handicapped ..........$

Severely Emotionally Disturbed _._._._ ...... $

Strengthening Instruction in

Critical Subjects __........_._-.........._-........._....$

School Library Resources and

Other Materials _.__....__...-............-..._.... ..._.$

Summer Library Supervisory

Program _................._......_.__............_.... .....$

Educational Television .....__.._.. ......... ..,,.__$

Psychological Services ._.._.__ ._..._........__.._. $

Guidance, Counselling and Testing....... ... $

School Lunch _........ ....... ............ ........ .._.__$

Supervising Teachers ... ........... ... ..... .... $

Supplementary Education Centers

and Services .

$

Teacher Scholarships __......................._........$

In-Service Grants .................... ... . . .......$

Salaries and Travel of Public

Librarians ........ ...._...._........._.............. $

Public Library Construction ..... ....... ..... $

Public Library Services and

Materials ...._._......._.._.................._...._..........$

Pre-School Training . ...... ........... .......... $

Pupil Transportation (Pre-School) ... .... $

Capital Outlay ....................... .................... ..$

Authority Lease Rentals _. ........ -... ....... $

General Obligation Bonds ........... .... .. ... $

Grants to School Systems for A.L.R.

payments to Georgia Educational

Authority ................. .......................... $

Direct Grants to School Systems

for Capital Outlay Purposes .... ..____..,,___$

3,160,000
767,655
93,072
250,000 522,000 4,036,800
1,707,947
1,925,000
59,252 56,186 48,000 200,000 67,712,554 145,000
2,504,951 131,000 490,000
2,341,340 --0--
2,480,917 4,433,043 1,079,384
-- 0-- 333,204 2,845,000
26,804,591
724,243

B. Budget Unit: Institutions .............................. ....$ 8,111,739

1. North Georgia Vocational-Technical School Budget:

Personal Services ..................................... .. $

Regular Operating Expenses ...... .--... .. --.. $

Travel ................

$

Motor Vehicle Equipment Purchases ..--.. .. $

Publications and Printing ...._.........................$

Equipment Purchases ...................... . .... ... $

Per Diem and Fees ........................ ...... ..... ....$

Computer Charges .._._.................... ....... --... $

Capital Outlay .................................. ....... ....... $

1,080,543 366,264 13,500 --0-- 4,150 82,000 --0-- --0-- 720,000

1658

JOURNAL OP THE SENATE,

Authority Lease Rentals ..... ..._..........__... .......$ Total Funds Budgeted ......... .................. .._.$ State Funds Budgeted ... ... .. .............. $ Total Positions Budgeted

54,750 2,321,207 1,489,862
95

2. South Georgia Vocational-Technical School Budget:

Personal Services ..............._......._. ..........$

Regular Operating Expenses ..... ..... .... . $

Travel ._..............._......_........_............ ......$

Motor Vehicle Equipment Purchases ...... $

Publications and Printing ______ ______ _______ __.$

Equipment Purchases ................. __________ ..._..$

Per Diem and Fees _ ................. __________ ________ $

Computer Charges .._..--.. .._-- . ...---........--.. $

Capital Outlay _________________ _______ _______ _$

Authority Lease Rentals __ _______ _____ .... $

Total Funds Budgeted ...... ...... . . . ..

$

State Funds Budgeted .... ....... ........ ........$

Total Positions Budgeted

946,964 274,720
12,000
12,000 3,300 110,000 --0-- --0-- 144,000 49,315 1,552,299 1,156,274
82

3. Georgia Academy for the Blind Budget:
Personal Services ._____-___ _________ ________ ___.$ Regular Operating Expenses --. .._........._.._.$ Travel ......... .____- ________ ____________________________$ Motor Vehicle Equipment Purchases .. .. $ Publications and Printing _____ ________ _______ ___$ Equipment Purchases _ ...... __________________. _____$ Per Diem and Fees ____ _______ _________ _______ _____ $ Computer Charges . ____--..___--- ......._.. ........ $ Capital Outlay ______ _____________ ________ _______ _ $ Total Funds Budgeted . _____ ______ ______ $ State Funds Budgeted ............... .____________$ Total Positions Budgeted

1,162,183 212,557 8,500 8,500 4,240 37,712 6,600 --0-- 313,500
1,753,792 1,599,738
151

4. Georgia School for the Deaf Budget:
Personal Services .....__... ________ __________ ______.__$ Regular Operating Expenses ............. _______ $ Travel .... . ........ _________________ .._..........._.........._.$ Motor Vehicle Equipment Purchases _._... .._..$ Publications and Printing .._........._...._............$ Equipment Purchases .._._........_..... _________________ $ Per Diem and Fees _ ________ ......_......._........._.. $ Computer Charges ........_.____.. _________ ___________ if Capital Outlay __._ __________ ______ _ ______ _______ __$ General Obligation Bonds _____ .......... ........ __$ Authority Lease Rentals _____ . ........ ... .... $ Total Funds Budgeted _______________ ________ _____$ State Funds Budgeted ...... _____________ ________ .. $ Total Positions Budgeted

2,267,242 385,598 4,000 2,200 --0-- 20,000 1,000 --0-- --0-- 112,000 23,400
2,815,440 2,532,852
284

TUESDAY, FEBRUARY 19, 1974

1659

5. Atlanta Area School for the Deaf Budget:

Personal Services ...

. ..

$

Regular Operating Expenses .

$

Travel _.....

.. .. .

$

Motor Vehicle Equipment Purchases

$

Publications and Printing ... ...

$

Equipment Purchases ..... . .. . ...

$

Per Diem and Fees ............... .. .... ..

$

Computer Charges

..... ..... .. .. $

Capital Outlay ... ... . ..

$

Total Funds Budgeted ..... ........ .

$

State Funds Budgeted .

$

Total Positions Budgeted

444,117 165,862
4,000 --0--
500 40,122 2,000
-- 0-- -- 0-- 656,601 651,246
47

6. Alto Education and Evaluation Center Budget:

Personal Services .

......................

$

Regular Operating Expenses . .. . . .. $

Travel ............. ............ ... .._.._...__............ ..... $

Motor Vehicle Equipment Purchases .

$

Publications and Printing ............... .......$

Equipment Purchases ._.._._.._..._..._......... ... .. $

Per Diem and Fees ......... ....... ..... .........._$

Computer Charges ............................. ... . . $

Capital Outlay

. .................................... $

Total Funds Budgeted . . . . . . ......... $

State Funds Budgeted ..... ............. . .. $

Total Positions Budgeted

585,467 58,040 6,000
--0-- 1,560
30,700 --0-- --0-- --0-- 681,767 681,767
46

Budget Unit Object Classes:

Personal Services .....................

$

Regular Operating Expenses .................... $

Travel ..............................

..............$

Motor Vehicle Equipment Purchases

$

Publications and Printing ................... .. $

Equipment Purchases .....

- ........ ...... $

Per Diem and Fees ............ ... ....... ..

$

Computer Charges ........_................

$

Capital Outlay .......... ............................ $

General Obligation Bonds ....

$

Authority Lease Rentals _............_........ . $

6,486,516 1,463,041
48,000
22,700 13,750 320,534 9,600 --0-- 457,500 112,000 127,465

Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly.

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 be the pro rata part of the cost of employer

1660

JOURNAL OP THE SENATE,

contributions to the Teachers' Retirement System ap plicable to such salary.

Provided, that the amount of $7,000,000 in Grants to Local School Systems for supplemental instruc tors and aides shall be used to provide assistance in the elementary grades in the form of additional certifi cated and noncertificated personnel to assist classroom teachers in providing intensive instruction and train ing in order to enable all students to achieve in the various subject matter areas in accordance with their potential abilities.

Provided, that independent school systems shall be eligible to participate in the "mini-buses" transporta tion program for Special Education Students.

Provided, that of the above appropriations, rela tive to department operations, $75,000 is designated and committed for the Professional Practices Commission.

Provided, that of the above appropriation, relative to department operations, $27,500 is designated and committed for payment to Houston County Speech and Hearing School, and $27,500 is designated and com mitted for payment to Houston County Happy Hour School.

Provided, that the State Board of Education shall make allotments for Sections 11, 12 and 20 teachers on the basis of the index schedule used for fiscal year 1973.

Provided, that of the funds appropriated in this Section, the Department is authorized to utilize up to $5,000,000 to fund the Equalization Program autho rized in H. B. 57, subject to prior approval by the Fiscal Affairs Subcommittees.

Provided, that of the above appropriation for department operations, relative to Pre-school Training for the Handicapped, the Diagnostic Classification and Testing Services Program initiated in F. Y. 1973 under Act No. 1234, Ga. Laws 1972, p. 722, shall be funded at the continuation level in F. Y. 1975, the remainder of such appropriation shall be used and expended for a half-day Pre-school Training program for five-year-old children who are mentally, physically, or emotionally handicapped, and for no other purpose.

Provided, that of the above appropriations to the Department of Education, $2,845,000 for F. Y. 1975 is designated and committed for General Obligation Debt Sinking Fund/New Authority Lease Rentals to permit

TUESDAY, FEBRUARY 19, 1974
the issuance of bonds to finance construction projects. Of the $2,845,000 appropriated above, $300,000 is desig nated and committed for the purpose of constructing comprehensive high schools, $150,000 is designated and committed for the purpose of constructing public li braries, and $45,000 is designated and committed for vocational-technical school construction in Cobb County, Georgia. The allocation of funds shall be determined on the basis of a formula to be promulgated by the State Board of Education, based on current increased average daily attendance, surveyed projected growth, renovations, outstanding local effort of school systems, age and condition of existing school buildings, and such other criteria by the Board to insure that class room need is the basis of distribution.

Provided, that State funds appropriated to match federal Manpower Development and Training funds may be utilized in a State approved adult basic edu cation program if federal requirements do not neces sitate the use of these funds for matching Manpower Development and Training funds.

Section 16. Employees' Retirement System.

Budget Unit: Employees' Retirement

System

...

..._..... $

1. Employees' Retirement System Budget:

Personal Services . ._........._..._.... . ...... ... $

Regular Operating Expenses ... ._-............. $

Travel

.

.

...___$

Motor Vehicle Equipment

Purchases ...... . ..__.$

Publications and Printing ............ .. .. $

Equipment Purchases ....-- ......__-._.......... .$

Per Diem and Pees ................. ........... ....... $

Computer Charges ...____.._._..__________..._____. ........ $

Employer Contributions --.. _______._..._._._.__..___$

Total Funds Budgeted ............................ $

State Funds Budgeted .................. ...... $

Total Positions Budgeted

Budget Unit Object Classes:
Personal Services _....._......_._...........__.......__......$ Regular Operating Expenses . ......_... .......$ Travel ........_._......_._.__.....___.._........_..._......_....... ....$ Motor Vehicle Equipment
Purchases ._..___._._.....___... ._._._._._.__...__._..........._.$ Publications and Printing ........................ ... $ Equipment Purchases _._....._... ...... ....... ....$ Per Diem and Fees ..... ........ .........._..........$ Computer Charges ___.....__..........___......_.._._....._..$

1661
130,000
481,900 77,000 7,000
--0-- 8,000 3,000 65,000
108,000 130,000 879,900 130,000
42
481,900 77,000
7,000 --0--
8,000 3,000 65,000 108,000

1662

JOURNAL OF THE SENATE,

Section 17. Forestry Commission. Budget Unit: Forestry Commission _._...........$

8,867,504

1. Reforestation Budget:

Personal Services ._........_._........_..._......_.......__..$

Regular Operating Expenses ._...__.....___._...___.$

Travel

$

Motor Vehicle Equipment

Purchases

,._.__.$

Publications and Printing _....._.__.._...___._...._......$

Equipment Purchases ,,--.____--._____--_._____--_____ $

Per Diem and Fees ._...._.___..._.__...,,..__.......___.....$

Computer Charges .__._....__......___......_.___....._._._.. $

Total Funds Budgeted ___.... ....._........_......_..........$

State Funds Budgeted ._.__...._..__......__........_.__..$

Total Positions Budgeted

384,273 208,916
2,566
38,160 426
16,845 20,458
7,386 679,030 261,121
26

2. State Forests Budget:

Personal Services .__.._..______________._____--._.____.__._____.$

Regular Operating Expenses .__....._._.__...__._._.$

Travel ....__..._._.___..._.__.__....____..._.__....._.__...__._._....__.$

Motor Vehicle Equipment

Purchases .._.___._.-.______...__._..,,.____.......__..._.___..._.$

Publications and Printing _....__..__._._.._...__._._.._..$

Equipment Purchases . ,,

.______._______.$

Per Diem and Fees .__......_..._..._........_.._...__.___.....$

Computer Charges -.____---____,,._-_____--______________ $

Ware County Ad Valorem Tax .._.__......_._._..$

Total Funds Budgeted -.--_.......__-.._.__.._.._........_.$

State Funds Budgeted .._......_......._.._.....__......___$

Total Positions Budgeted

72,358 10,481
92
--0-- 115
3,700 2,400 --0-- 50,200 .139,346 --0--
6

3. Field Services Budget:
Personal Services ._____...._.__...._.__.......__._...._......$ Regular Operating Expenses -....._---._..--.... $ Travel __..__...__.__...___.__-...__..__.._____...____.....__......_.._..$ Motor Vehicle Equipment Purchases ___________ $ Publications and Printing ___.,,._._...,,.___...._.____..$ Equipment Purchases ._..._.._._--.._...._...__._.......$ Per Diem and Fees .....__......_......._.._......_._...._.__..$ Computer Charges ._._._...._.__.......__....._.___._..__._...$ Total Funds Budgeted -_._.....____-._...__..._.._......$ State Funds Budgeted .__._....._......_............ ..._.$ Total Positions Budgeted

7,795,298 1,372,404
65,984 891,443
6,495 140,390
10,253 13,567 10,295,834 8,140,176
801

4. General Administration and Support Budget:
Personal Services _....._.........._......._.......__........._.$ Regular Operating Expenses __.._._...___.......... $ Travel _...._.._....__.._..._.......,,.._..._..__...._...__..._.._.......$ Motor Vehicle Equipment Purchases ___.....__..?

373,971 76,794 10,012 3,500

TUESDAY, FEBRUARY 19, 1974

1663

Publications and Printing

.. ._.._$

Equipment Purchases ....._......_..... . . ..$

Per Diem and Fees ....... . . ... . .......$

Computer Charges . .............

..... $

Total Funds Budgeted . ... ...... ......

$

State Funds Budgeted ......

.. .. $

Total Positions Budgeted

12,058 5,538 2,000
40,800 524,673 466,207
25

Budget Unit Object Classes:

Personal Services . .................... . .. $

Regular Operating Expenses . ............ $

Travel ._.........._..___._._..__.. .... ........

.. $

Motor Vehicle Equipment Purchases

$

Publications and Printing ...........__._............. $

Equipment Purchases . ... .................. ...... ... $

Per Diem and Fees .... ........... .. . . $

Computer Charges ......... ................... .. $

Ware County Ad Valorem Tax ..._.._.__...._$

8,625,900 1,668,595
78,654 933,103
19,094 166,473 35,111
61,753 50,200

Section 18. Forest Research Council.

Budget Unit: Forest Research Council

$

1. Forest Research Council Budget:

Personal Services ........_..._.._....__.._..._.. ..... $

Regular Operating Expenses --......... ......... $

Travel ............................. ......... .

$

Motor Vehicle Equipment Purchases .........$

Publications and Printing

..... $

Equipment Purchases -.--.----....-.--- -- .--

$

Per Diem and Fees .................................$

Computer Charges ...._._...... .. . .. ............ $

Total Funds Budgeted .................... .. $

State Funds Budgeted .................................. $

Total Positions Budgeted

673,723
95,707 32,550
4,364 --0--
18,000 1,000
500 --0-- 152,121 150,723
8

2. Contractual Research Budget:
Contractual Research Expense ............ $ Total Funds Budgeted _..................._..._.... $ State Funds Budgeted ... . . .... .. $ Total Positions Budgeted

Budget Unit Object Classes:

Personal Services ........._..__...__._.._.._.._......... . ... $

Regular Operating Expenses .. ....................$

Travel ............... ............ .. . ........ $

Motor Vehicle Equipment Purchases

$

Publications and Printing ........ .... ....... ... . .. $

Equipment Purchases ..............__.. ..............$

Per Diem and Fees ........... .. ....... .. ..... .. ......$

Computer Charges .......-.------....................$

Contractual Research Expense ........... . .. $

526,000 526,000 523,000 --0--
95,707 32,550
4,364 --0--
18,000 1,000 500
--0-- 526,000

1664

JOURNAL OF THE SENATE,

Section 19. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission ___________________________$

797,500

Departmental Operations Budget:

Personal Services ..........$

Regular Operating Expenses ___.___________________.$

Travel

.

..

..

$

Motor Vehicle Equipment Purchases .__________.$

Publications and Printing _._________________.___________.$

Equipment Purchases _-_,,__________.__,,_.__________.__.$

Per Diem and Fees .._...... ......$

Computer Charges

...._..._.._$

Total Funds Budgeted ........$

State Funds Budgeted -__.___......._.._..___._._.........$

Total Positions Budgeted

660,000 359,500
11,500 --0--
30,000 15,000 3,000 5,000 1,084,000 797,500
42

Budget Unit Object Classes:
Personal Services .....,,.._.....$ Regular Operating Expenses .._._.--_..--.........$ Travel .....$ Motor Vehicle Equipment Purchases ___________.$ Publications and Printing ....,,_.,,_.__.._._......_...._.$ Equipment Purchases ..___._.._.___.._......._________.___.$ Per Diem and Fees ___._-___.,,....._.______.._._.__..........$ Computer Charges ___._._________________,,_..___.____________$

660,000 359,500
11,500 --0--
30,000 15,000 3,000 5,000

Section 20. Office of the Governor.

A. Budget Unit: Governor's Office ___________.__.._..______.$

1. Governor's Office Budget:

Personal Services .__......_..$

Regular Operating Expenses ......_.__..___..____.....$

Travel

....._...$

Motor Vehicle Equipment Purchases --.--.....$

Publications and Printing ..,,.__.._..._.__._..........._.$

Equipment Purchases ........_._.___.__.............-_.._._.$

Per Diem and Fees _....._._--.$

Computer Charges

.....

.......$

Mansion Allowance _____,,--_______________,,_.._._,,_______.$

Gubernatorial Transition Allowance ____.._.___.$

Total Funds Budgeted ___.._.......__.______.____...........$

State Funds Budgeted ...._._..__.____._........_.._...__.$

Total Positions Budgeted

2. Intern Program Budget:
Personal Services ,,__________.____.__________________.__..__..__$ Regular Operating Expenses ___........-__._._______.$ Travel ______-_.__..............-_.....____..-.-.........__________..__.$

949,487
547,905 196,500 19,500 --0--
5,000 5,000 20,000 1,000 25,000 25,000 844,905 844,905
36
64,582 3,000 4,000

TUESDAY, FEBRUARY 19, 1974

1665

Motor Vehicle Equipment Purchases ............$

Publications and Printing ....... ......... .........$

Equipment Purchases ..... .......... , ........... .._.$

Per Diem and Fees ...... ...... ....... . ....$

Computer Charges ................... ........... .$

Intern Stipends ......... ...... ......

.......$

Total Funds Budgeted ... .... ........ ... .. $

State Funds Budgeted

. ,

$

Total Positions Budgeted

--0-- 1,500 800
--0-- 700
30,000 104,582 104,582
4

Budget Unit Object Classes:

Personal Services ...... .... ...

... .. .....$

Regular Operating Expenses ..

... .._.$

Travel .. ..................................................... ...$

Motor Vehicle Equipment Purchases

$

Publications and Printing ......... .... .....$

Equipment Purchases .

.

...$

Per Diem and Fees

.._.$

Computer Charges - ............ .. . . .. $

Mansion Allowance . . ... ....... . .....$

Intern Stipends ........... .......................... .....$

Gubernatorial Transition Allowance

$

612,487 199,500 23,500 --0--
6,500 5,800 20,000 1,700 25,000 30,000 25,000

B. Budget Unit: Office of Planning

and Budget

....

........ . .... .. .......$

1. General Administration and Support Budget:

Personal Services . . . ......... ....................$

Regular Operating Expenses ...... ...... __._..___.__$

Travel .. .. .......... ....................._.._... .___._.......$

Motor Vehicle Equipment Purchases .... $

Publications and Printing .

............$

Equipment Purchases .... . . ..............$

Per Diem and Fees

....

.....$

Computer Charges - .. ....._.......

___.$

Payments to Regional Commissions

..$

Total Funds Budgeted

.......

$

State Funds Budgeted

$

Total Positions Budgeted

2,153,646
313,752 29,805 9,000
--0-- 2,950 2,500 58,500 5,600 93,152
515,259 505,259
19

2. Council of the Arts Budget:

Personal Services .......... ...... . . .. . $

Regular Operating Expenses . ...... . . .......$

Travel ........................_.._........................... ..... ..._.$

Motor Vehicle Equipment Purchases ...... $

Publications and Printing ...................... _._...$

Equipment Purchases ............ ......... ............$

Per Diem and Fees .... ...... ......... ..... $

Computer Charges .... ..._....__._......___......_.._._._.$

Total Funds Budgeted ............ ..........................$

State Funds Budgeted _..........

.

.. $

Total Positions Budgeted

49,792 47,058
2,750 --0--
100 300 --0-- --0-- 100,000 100,000
3

1666

JOURNAL OF THE SENATE,

3. Budget Division Budget:

Personal Services ...................... .............. ....$

Regular Operating Expenses ...... . ...... ....$

Travel ............... .............................. ............ $

Motor Vehicle Equipment Purchases

.$

Publications and Printing ................ _____.___$

Equipment Purchases ........ ........ ..............$

Per Diem and Fees .... .............. ........ ..

..$

Computer Charges .... ............................ ...^

Total Funds Budgeted ... . ..... ........................$

State Funds Budgeted ........

......... .. . . $

Total Positions Budgeted

291,000 15,100 7,500 --0-- 9.000
1,250 1,000 1,000 325,850 212,850
16

4. Intergovernmental Relations Budget:

Personal Services ..................................... .. ... $

Regular Operating Expenses _______ .......... .$

Travel _____ _______________ ________ __________

$

Motor Vehicle Equipment Purchases

_$

Publications and Printing ______ ....... .... ..$

Equipment Purchases . .... .. .......... ........ $

Per Diem and Fees ___......._..-- ............ .. $

Computer Charges .... .......................... _ .......$

Total Funds Budgeted ________________ . _________________$

State Funds Budgeted ____________ _ _________ . . . $

Total Positions Budgeted

325,360 19,589 21,500
--0-- 3,950 1,000
--0-- --0-- 371,399 346,399
21

5. Management Review Budget:

Personal Services ______________ .. ........................$

Regular Operating Expenses ............

$

Travel ____________ ..... ............................... _______________ $

Motor Vehicle Equipment Purchases .... . .... $

Publications and Printing __________________ ...........$

Equipment Purchases .... .........----......... -- .... $

Per Diem and Fees ......................_............... ... __$

Computer Charges ..................................----$

Total Funds Budgeted .......................................^

State Funds Budgeted ..................... ......... $

Total Positions Budgeted

276,215 10,910 5,000
--0-- 1,250 600
--0-- 500
294,475 244,475
15

6. Policy Planning Budget:

Personal Services ..

...... ....................._..$

Regular Operating Expenses .............. ... ... ..$

Travel ............................................. _____._________$

Motor Vehicle Equipment Purchases _. . . $

Publications and Printing ......

......... ...^

Equipment Purchases _______ .......... .. . ........$

Per Diem and Fees _ ............... ....

. __$

Computer Charges _____ __._ . . . . . .. ...$

Total Funds Budgeted ____.__.___._______. _____

$

State Funds Budgeted ______ .. . .. .. . ... ...$

Total Positions Budgeted

398,456 18,266 7,000
--0-- 10,000 1,000
--0-- 20,000 454,722 306,722 23

TUESDAY, FEBRUARY 19, 1974

7. State Manpower Planning Council Budget:

Personal Services .... - .........

Reg-ular Operating- Expenses

Travel ......

.... ............ .

Motor Vehicle Equipment Purchases

Publications and Printing

...... . ..

Equipment Purchases

Per Diem and Fees

... . . . ...

Computer Charges ..

..... ..... .

Total Funds Budgeted

.. . ..........

State Funds Budgeted ... ...... .....

Total Positions Budgeted

1667
164,663 27,950 11,669 --0--
2,100 --0-- --0-- --0-- 206,382 --0--
14

8. Fuel Allocation Office Budget:

Personal Services

........

Reg'ular Operating Expenses .... .

Travel

Motor Vehicle Equipment Purchases

Publications and Printing .... ........

Equipment Purchases ... .... ...... ....

Per Diem and Fees .. ..... . .. . .........

Computer Charges ... ... ........

Total Funds Budgeted

... .

State Funds Budgeted ...... . ....... ..

Total Positions Budgeted

265,375 52,366 9,200 _0_ 15,000
341,941 341,941
23

9. Planned Growth and Development Budget:

Personal Services ----- ................ .......$

Regular Operating Expenses . ................ $

Travel

..................... ............. .... ..----$

Motor Vehicle Equipment Purchases .. ... $

Publications and Printing .......... . .........$

Equipment Purchases

... ........ ... ..

$

Per Diem and Fee*

.

--$

Computer Charges

............. ... $

Total Funds Budgeted .............................. $

State Funds Budgeted .................. .............$

Total Positions Budgeted

76,000 20,000
1,000 --0--
1,000 1,000
--0-- --0--
99,000 99,000
5

Budget Unit Object Classes:
Personal Services . ..... .. Regular Operating Expenses Travel ...... ... .. ... .......... ........... ... Motor Vehicle Equipment Purchases Publications and Printing _______________ Equipment Purchases ......... .......... Per Diem and Fees Computer Charges .. ... ... ......... Payments to Regional Commissions

2,160,613 241,044 74,619 --0--
45,350 7,650
59,500 27,100 93,152

1668

JOURNAL OF THE SENATE,

C. Budget Unit: Governor's Emergency Fund ....... $ 2,000,000

Governor's Emergency Fund Budget:
Transfers to State Agencies ........... Total Funds Budgeted ....................... State Funds Budgeted ..... ........

2,000,000 2,000,000 2,000,000

Budget Unit Object Class: Transfers to State Agencies

2,000,000

There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his dis cretion in any emergency that he may determine re quires expenditure of any part of said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes.

Section 21. Grants to Counties and Municipalities.

A. Budget Unit: Grants to Counties and Municipalities .......... .......................................$ 6,800,000

1. Grants to Counties _...--. Total Funds Budgeted .... State Funds Budgeted ....

2,600,000 2,600,000 2,600,000

2. Grants to Municipalities .. Total Funds Budgeted ....... State Funds Budgeted ..

4,200,000 4,200,000 4,200,000

Budget Unit Object Classes:
Grants to Counties _............. Grants to Municipalities .

2,600,000 4,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter.

B. Budget Unit: Grants to Counties Grants to Counties ....................

50,000,000 50,000,000

TUESDAY, FEBRUARY 19, 1974

1669

Total Funds Budgeted State Funds Budgeted

50,000,000 50,000,000

To provide grants to counties for county roads and maintenance and to grant ad valorem tax relief. These grants shall be disbursed and distributed by the Fiscal Division of the Department of Administrative Services.

Section 22. Department of Human Resources.

A. Budget Unit: Departmental Operations

.._.$ 197,412,438

1. General Administration and Support Budget:
Personal Services .... . ......... ...... Regular Operating Expenses ...... ... Travel ........ ................................._.......... Motor Vehicle Equipment Purchases Publications and Printing .... Equipment Purchases ..... ... .. Per Diem and Fees .. . . _ . Computer Charges .... ...... .... . .... General Obligation Bonds Total Funds Budgeted State Funds Budgeted Total Positions Budgeted

5,655,426 1,070,528
100,686 8,300
143,663 62,296 46,165
3,017,150 190,000
10,294,214 6,232,430
492

2. Physical Health--Program Direction and Support Budget:

Personal Services ... .

... ...

Regular Operating Expenses

Travel ........... ..............._......_.........

Motor Vehicle Equipment Purchases

Publications and Printing-

Equipment Purchases

Per Diem and Fees

Computer Charges

Total Funds Budgeted ..

........

State Funds Budgeted ...

Total Positions Budgeted

846,000 55,000 24,000
--0--
22,000 4,000 200
--0--
951,200 951,200
71

3. Physical Health--Family Health Budget:
Personal Services .. ....... ... ...... Regular Operating Expenses . ........... Travel ........... ................. .............. Motor Vehicle Equipment Purchases Publications and Printing ... ...... Equipment Purchases ............... Per Diem and Fees ............ ..... ......... Computer Charges .................... . . .... Crippled Children Benefits

3,698,839 3,732,496
426,900 20,000 85,151 102,804
504,699 2,000
2,890,120

1670

JOURNAL OF THE SENATE,

Kidney Disease Benefits ........ . ..... .. $

Cancer Control Benefits

.

$

Maternal Health/Family Planning

Benefits ...... ... ...... .... .. .......... . $

Total Funds Budgeted ........ ........... ....$

State Funds Budgeted ............

.$

Total Positions Budgeted

300,000 420,000
2,144,750 14,327,759 8,500,896
378

4. Physical Health--Community Health Budget:

Personal Services .................. .... ......$

Regular Operating Expenses

..... $

Travel .......... . ....... . ......... ....... . .. .... $

Motor Vehicle Equipment Purchases

.$

Publications and Printing ......

.. .... $

Equipment Purchases ...... ..

... $

Per Diem and Fees . ........

. . .. $

Computer Charges ..... .......

.. $

Facilities Construction Grants .

... . .. $

Total Funds Budgeted ......

$

State Funds Budgeted ...

.....

$

Total Positions Budgeted

4,397,000 702,949 305,693 4,400 69,000 59,000 155,118 31,692
5,013,000 10,737,852 4,586,850
377

5. Physical Health--Local Services Budget:

Personal Services ... .. .......... . ......... ... .. $

Regular Operating Expenses ........ . . $

Travel ............. ...!..................... .........

$

Motor Vehicle Equipment Purchases

$

Publications and Printing ............

.... $

Equipment Purchases ........ ........... .....$

Per Diem and Fees ... ............... .......... . . $

Computer Charges . .......... . ......... .. $

Grant for DeKalb County Mental

Retardation Project ...... ... .......... .... ... $

Grant for Chatham County Mental

Retardation Project ......... ............. $

Grant-In-Aid to Counties ............. . ... ..$

Total Funds Budgeted ..... ... ........ ..... $

State Funds Budgeted ........ .. .......... .. $

Total Positions Budgeted

6,299,714 989,930 590,330 --0-- 4,360 111,000 170,510 15,000
97,300
92,800 7,756,254 16,127,198 12,605,642
483

Provided, that from funds appropriated to the Phys ical Health--Local Services Budget, a total of not less than $100,000 will be made available to the Community Cardiovascular Council in Savannah for continuation of stroke screening.

6. Mental Health--Program Direction and Support Budget:

Personal Services ... ........ ....... ........... . ........ $

Regular Operating Expenses ...

....... .. $

Travel .--..-----".-.. ....--....-.---.- .$

1,087,759 1,173,250
100,000

TUESDAY, FEBRUARY 19, 1974

1671

Motor Vehicle Equipment Purchases . .. $

Publications and Printing ________ _________ $

Equipment Purchases .............. ......... . ..... $

Per Diem and Fees _

_$

Computer Charges ..... . __________ _ _______ __$

Total Funds Budgeted __ _____ _ _____ ... . $

State Funds Budgeted ....... _________ ......$

Total Positions Budgeted

--0--
8,200 5,000 32,000 2,000 2,408,209 1,608,008
66

7. Drug Abuse Prevention and Abatement Budget:
Personal Services .............. .___ ___.____________$ Regular Operating Expenses ____________ ______ ____ $ Travel ____ ____________________________ ...__...............$ Motor Vehicle Equipment Purchases ______ .... $ Publications and Printing _________________ ________ $ Equipment Purchases _____ ____________ __________ $ Per Diem and Fees ............. _____ ____________.$ Computer Charges ____ _____________ ____________ . ..$ Total Funds Budgeted .......... ___ _ ______ . _____ $ State Funds Budgeted _______ ________ _____ $ Total Positions Budgeted

1,655,622 3,257,195
57,617 --0--
20,280 11,388 86,720
1,040 5,089,862 1,270,417
157

8. Mental Health--Local Services Budget:
Personal Services .. ............ _________ .._..__.$ Regular Operating Expenses ____ ________ __ $ Travel ____________ _______________ _________ _$ Motor Vehicle Equipment Purchases _______ $ Publications and Printing ... ......... ..... ._._..$ Equipment Purchases ______ ______________ _ ____.__.$ Per Diem and Fees _________ _ ______ _ ...............$ Computer Charges ........ ......................... ....$ Contracts with Day Care Centers for the
Mentally Retarded ________ . _______________________ $ Grants for Alcoholism Community Treatment
Programs ..... _________ . ___________ _____________ _ $ Grants for Child Mental Health __ _________ ......$ Grants for Adult Mental Health __________ ________ $ Grants to Group Homes for the Mentally
Retarded ____________ _________________________________ ______$ Total Funds Budgeted _ ._ .. ________ ...__.._...$ State Funds Budgeted ................................ $ Total Positions Budgeted

323.126 34,608 25,956 --0-- --0-- --0-- --0-- --0--
18,709,074
1,966,566 775,789
3,655,800
1,295,368 26,786,287 15,646,466
14

9. Economic and Consumer Affairs Budget:

Personal Services __. ........................ .......$

Regular Operating Expenses ........ .. . ......... $

Travel ____ _____________ ______________ ____________ _$

Motor Vehicle Equipment Purchases _ ..... $

Publications and Printing _______

........$

Equipment Purchases ........... .. . ______ ......$

Per Diem and Fees ..... . .......... .. ....... $

Computer Charges ......

........ ...... $

414,893 94,869 81,000 --0-- 26,200 11,000 16,600
6,450

1672

JOURNAL OP THE SENATE,

Total Funds Budgeted ___________ ____ .................. $ State Funds Budgeted ______________ _______ ._._ _.. $ Total Positions Budgeted

651,012 651,012
34

10. Work Incentive Program Budget:
Personal Services ......................................... ...$ Regular Operating Expenses __________ _______ $ Travel ________ _______ ....................................... _______ $ Motor Vehicle Equipment Purchases ... .... _ $ Publications and Printing __ _. _ __._._ $ Equipment Purchases . ......... ...... .... ... ..... . $ Per Diem and Fees _______________________ ___________ .........$ Computer Charges ..............................................if W.I.N. Benefits ................................................ ...$ Total Funds Budgeted ._____________________...._._._._$ State Funds Budgeted .......................... ..__ $ Total Positions Budgeted

2,402,217 192,204 130,500 --0-- 2,000 --0-- --0-- --0--
2,750,000 5,476,921
547,692 254

11. Child Care Budget:
Personal Services ................ _____ ______ .... ....$ Regular Operating Expenses . . ...... ..... ...$ Travel _______________________ ________________________ _______.. _______ $ Motor Vehicle Equipment Purchases ........ $ Publications and Printing _______ ________ _____________$ Equipment Purchases .......................... ........ ....$ Per Diem and Fees ................................. .... . $ Computer Charges ...._..........._..................... ......$ Grants to Fulton County for 24-hour
Emergency Social Services ...... _ .... . ......$ Benefits for Child Care _____________________________ ......$ Total Funds Budgeted ____________________ _ .......$ State Funds Budgeted _________________ ...........$ Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
123,900 6,835,958 6,959,858 3,996,163
--0--

12. Programs for Children, Youth, Families, and Adults Budget:
Personal Services .____________.___________________.____..__.$ Regular Operating Expenses _________ ................ .$ Travel __________________________________________________________ .... $ Motor Vehicle Equipment Purchases ... .___ $ Publications and Printing ........................ ....$ Equipment Purchases .......................................$ Per Diem and Fees ... . ...... ..... ..... _ ___ ___. $ Computer Charges _____ ______ _______ ..... ....... .......$ Georgia Indigent Legal Services
Contracts ______ _________________________________________ _$ Total Funds Budgeted ....... ............_.............. . $ State Funds Budgeted ........................ .$ Total Positions Budgeted

5,420,567 27,856,969
455,850 12,200 66,500 30,060 21,060
--0--
480,000 34,343,206
5,745,190 517

13. Services to the Aged Budget: Personal Services ........... _____________ ... .. ..... .__ $

510,000

TUESDAY, FEBRUARY 19, 1974

1673

Regular Operating Expenses ._......--.-- ........---$

Travel

.. .

$

Motor Vehicle Equipment Purchases ............if

Publications and Printing ........... ............. .......$

Equipment Purchases ................................ .--.^

Per Diem and Fees .........................................^

Computer Charges ... ..........................................^

Areawide and Community Grants ................... $

Nutrition Grants ........ ....................................^

Total Funds Budgeted ... .............................. ... $

State Funds Budgeted .................................. ... $

Total Positions Budgeted

80,100
37,600 --0--
5,000 4,800 2,500 --0-- 2,097,000 2,688,500 5,425,500 349,000
40

14. Vocational Rehabilitation--Program Direction and Support Budget:
Personal Services ....... ............................ ......,,..$ Regular Operating Expenses .................--....--.$ Travel .... ........ .1.................................................$ Motor Vehicle Equipment Purchases ............ $ Publications and Printing ..............................^ Equipment Purchases ....... ............................... $ Per Diem and Fees . ............................ ..............^ Computer Charges ..............................................^ Grants for Nephrology Centers ...................... $ Total Funds Budgeted .. .. .................. .........$ State Funds Budgeted ...................... .. ..... ..... $ Total Positions Budgeted

692,367 8,845,575
29,991 --0--
9,500 34,711 34,680 --0-- 175,000 9,821,824 2,547,135
57

15. Vocational Rehabilitation-- Facilities Budget:

Personal Services ................... ................_.........$

Regular Operating Expenses ... ........................$

Travel ....... . .

$

Motor Vehicle Equipment Purchases ............ $

Publications and Printing ____.______.___._________._....._.$

Equipment Purchases .....................................$

Per Diem and Fees .................. ...........................$

Computer Charges ............ ...........................$

Total Funds Budgeted .................................... .. $

State Funds Budgeted .................................... $

Total Positions Budgeted

7,643,988 4,277,033
135,704 24,370 12,005 192,241 127,690 --0-- 12,413,031 1,577,663
696

16. Vocational Rehabilitation-- Services Budget:
Personal Services .......................... ....................$ Regular Operating Expenses ........................... $ Travel ........ ..........................................................^ Motor Vehicle Equipment Purchases ___.._..___. $ Publications and Printing ______._________________...___.$ Equipment Purchases ... ............ ................$ Per Diem and Fees .............................................. $ Computer Charges ... ... ................... ............$ Total Funds Budgeted ............ .................. ......$

9,744,546 3,620,323
497,515 --0--
41,536 581,612 241,771 --0-- 14,727,303

1674

JOURNAL OP THE SENATE,

State Funds Budgeted ......... .... Total Positions Budgeted

. .. $ 1,662,913 851

17. Medicaid Benefits Budget:

Personal Services .. . .................. ... . $ --0--

Regular Operating Expenses .......... ....

$

--0--

Travel .......................................................... $ -- 0--

Motor Vehicle Equipment Purchases . ....$ --0--

Publications and Printing . . ............ ... $ --0--

Equipment Purchases ...- ... .......... .. . . $ --0--

Per Diem and Fees ... ... ...... ......... ... .... ..$ --0--

Computer Charges .................. ........

$ --0--

Medicaid Benefits-_------. ........... .. .......$ 226,000,000

Total Funds Budgeted .............. .. .... ...$ 226,000,000

State Funds Budgeted ..........

$ 72,620,400

Total Positions Budgeted

-- 0--

18. Public Assistance Budget:

Personal Services .......... ...................... .. ... .....$ --0--

Regular Operating Expenses .. ..........

$ --0--

Travel ......................................................... ... $ --0--

Motor Vehicle Equipment Purchases ... .. $ --0--

Publications and Printing ........

..... . $ --0--

Equipment Purchases ............... ................ $ --0--

Per Diem and Fees .............. ....... ............ $ --0--

Computer Charges ......... . . ......... ... ... ..$ --0--

Cuban Refugees Benefits ........

... . $ 100,000

SSI-Supplement Benefits .........

... $ 3,635,814

AFDC Benefits ................. ...... ...... ..... $ 132,752,006

Total Funds Budgeted ............ ................. $ 136,487,820

State Funds Budgeted ........ ...... .... . . $ 37,270,000

Total Positions Budgeted

--0--

19. Local Services--Community Services and Benefits Payments Budget:

Personal Services ............................... $

Regular Operating Expenses ...........

.$

Travel ........... .............. ............. ... $

Motor Vehicle Equipment Purchases

.$

Publications and Printing ............. ......$

Equipment Purchases ....... ............ .. ... $

Per Diem and Fees ...... ............ ....... . ... $

Computer Charges ... ................ .

$

Local Services Benefits Payments Grants ...... .......... .. $

Grants to Counties for Social Services ...... ............... .............. .........$

Total Funds Budgeted .. ....... ...

.... $

State Funds Budgeted .... .... ....

$

Total Positions Budgeted

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
21,226,650
20,872,586 42,099,236 16,693,160
--0--

TUESDAY, FEBRUARY 19, 1974

20. Benefits Payments--Program Administration and Support Budget:

Personal Services .................................... ______$

Regular Operating Expenses ....... ........ ._$

Travel .... ....................................... __________________$

Motor Vehicle Equipment Purchases .......... $

Publications and Printing

..

.......$

Equipment Purchases ... ........ ......... ......... $

Per Diem and Pees ... ......... .._... ... ....... .__$

Computer Charges __________ ............ ..............$

Total Funds Budgeted . . ______ _________ _____ $

State Funds Budgeted _ . ....... _____ __ $

Total Positions Budgeted

1675
2,533,548 1,693,430
186,235 --0-- 173,074
28,110 --0-- --0-- 4,614,397 2,350,201
241

Budget Unit Object Classes:

Personal Services ..... ........ ..... ..,,..,,.._..$ 53,325,612

Regular Operating Expenses . .... ... ......$ 57,676,459

Travel ______ _______________________ _______$ 3,185,577

Motor Vehicle Equipment Purchases .......$

69,270

Publications and Printing _______ _______ _____.$

688,469

Equipment Purchases _ _ ..... ________ _________ $ 1,238,022

Per Diem and Fees .. ......... ....... ........ .. $ 1,439,713

Computer Charges

__ ___ ...... _....$ 3,075,332

Crippled Children Benefits ___ ________ ..........$ 2,890,120

Kidney Disease Benefits . ....... .......... . $ 300,000

Cancer Control Benefits . . .. __ _

....$ 420,000

Maternal Health/Family

Planning Benefits ........ ._______.. ................$ 2,144,750

Facilities Construction Grants ______ _______ $ 5,013,000

Grants for DeKalb County Mental

Retardation Project __ __________ __________ $

97,300

Grants for Chatham County Mental

Retardation Project _______ .... .... .........$

92,800

Grant-In-Aid to Counties ... _______ ........ $ 7,756,254

Contracts with Day Care Centers

for the Mentally Retarded ______ _____ ____ ....$. 18,709,074

Grants for Alcoholism Community

Treatment Programs ........ .......... .............$ 1,966,566

Grants for Child Mental Health .. _______ $

775,789

Grants for Adult Mental Health ______ .. ._ $ 3,655,800

Grants to Group Homes for the

Mentally Retarded .... ...... ...... ....__.__..$ 1,295,368

Work Incentive Benefits . ______ ... ___________ $ 2,750,000

Grants to Fulton County for 24-hour

Emergency Social Services .......... . ...._.___.$ 123,900

Benefits for Child Care ... ______ .. .... ..... $ 6,835,958

Georgia Indigent Legal Services

Contracts ".. ........!........................_..............$ 480,000

Areawide and Community Grants _ __________ $ 2,097,000

Nutrition Grants ______ __________ ____________$ 2,688,500

Grants for Nephrology Centers ........ .......$ 175,000

Medicaid Benefits . _______ _________ ..........$ 226,000,000

Cuban Refugees Benefits ______ ............$

100,000

SSI-Supplement Benefits _______ ......... . $ 3,635,814

1676

JOURNAL OP THE SENATE,

APDC Benefits ............................. .. ............$

Local Services Benefits

Payments Grants ..... .................... . ..$

Grants to Counties for Social

Services ......... ............... ...... ... $

General Obligation Bonds ..

.

$

132,752,006
21,226.650
20,872,586 190,000

Provided, that of the above appropriation relating to Medicaid, $51,000 State funds is designated and com mitted for Medicaid coverage of Non-AFDC Foster Care Children.

Provided, that of the above appropriation, $60,000 is designated and committed to continue the Cancer Registry.

B. Budget Unit: Mental Health and Youth Development Institutions ......... ...... ..... ... $ 125,345,799

1. Georgia Regional Hospital at Augusta Budget:

Personal Services ............... ......... .. . . ... .... $

Regular Operating Expenses .. .......... $

Travel ................................................ ........_.$

Motor Vehicle Equipment Purchases ... $

Publications and Printing .. . .............. . ..$

Equipment Purchases ... . .......... . ..... $

Per Diem and Fees .............. ............. ... $

Computer Charges ........ ........... .. ......... $

Authority Lease Rentals ..... .......

.$

Total Funds Budgeted . .......... ...... $

State Funds Budgeted .......... . ...... ... .. $

Total Positions Budgeted

4,525,000 880,163 20,000 4,000 4,782 11,000 75,600 70,000 387,000
5,977,545 5,511,545
537

2. Georgia Regional Hospital at Atlanta Budget:

Personal Services .. ............. ..... .... ...$

Regular Operating Expenses ......... ...... $

Travel . ........_.........!.......... .............. ........... .. $

Motor Vehicle Equipment Purchases ___.._._.. $

Publications and Printing ............. ........ $

Equipment Purchases ........................... ....._._.$

Per Diem and Fees .. .. ........... ... .......... $

Computer Charges ............................... ....... $

Authority Lease Rentals ........ .............

$

Total Funds Budgeted ...................... .......$

State Funds Budgeted .......... ............ $

Total Positions Budgeted

5,516,061 1,342,327
10,000 10,000 8,750 25,000 75,000 82,000 513,000 7,582,138 6,977,138
645

3. Georgia Regional Hospital at Savannah Budget:
Personal Services .......................... ... . .. .. . $

4,143,429

TUESDAY, FEBRUARY 19, 1974

1677

Regular Operating Expenses ..... ..... - ..... $ Travel ............................. ...... ......................^ Motor Vehicle Equipment Purchases _. .... ._..$ Publications and Printing ...... ..... ...._...._.$ Equipment Purchases ... ........ .. .............. ......$ Per Diem and Pees . .......... ... ...... ....... $ Computer Charges . .... .............................. $ Authority Lease Rentals ...... ...... ......... ... $ Total Funds Budgeted ......................... ..... $ State Funds Budgeted ..... ....... ...... ......... $ Total Positions Budgeted

747,780 17,000
--0-- 2,000
--0-- 66,000 69,000 500,000
5,545,209 5,195,209
551

4. West Central Georgia Regional Hospital Budget:
Personal Services ...........................................$ Regular Operating Expenses ..... .............. $ Travel .......... .................................................$ Motor Vehicle Equipment Purchases .. ........ $ Publications and Printing ......... .......... ____..__.$ Equipment Purchases ... ............................$ Per Diem and Fees ..... .._.._..._._..._...___..._..__.....$ Computer Charges .. ........ ...... ........ ....... .....$ Authority Lease Rentals ...... .....................$ Total Funds Budgeted ..............................$ State Funds Budgeted ............................ $ Total Positions Budgeted

3,838,967 720,040 20,000 --0-- 8,000 21,000 40,000 65,000 646,500
5,359,507 5,284,507
551

5. Northwest Georgia Regional Hospital at Rome Budget:
Personal Services ... ...._-..._.-...._....... ._........_$ Regular Operating Expenses .......... ............. ^ Travel .. ......... .....'.. .......................................... $ Motor Vehicle Equipment Purchases .......... $ Publications and Printing ................................$ Equipment Purchases _---.__.-- ._.._.--...___.... .___.$ Per Diem and Fees . ................ ......................$ Computer Charges .....-- ...............................$ Authority Lease Rentals ..... ........................ $ Total Funds Budgeted .....................................$ State Funds Budgeted .................................. $ Total Positions Budgeted

5,695,000 1,268,435
20,000 7,245 12,935 57,975
25,935 75,000 853,500 8,016,025 7,300,025
7'79

6. Gracewood State School and Hospital Budget:
Personal Services ............................................$ Regular Operating Expenses ........................$ Travel .............._......_._.._........................................$ Motor Vehicle Equipment Purchases ____,..____.$ Publications and Printing .........._......._.._...._._...$ Equipment Purchases ...................._............$ Per Diem and Fees ............................._............._.$ Computer Charges --......._......_.--...__..............._.$ Capital Outlay ...... . ... ..................................^

12,886,740 2,986,684
27,000 19,425 7,912 125,000 64,622 71,000 900,000

1678

JOURNAL OF THE SENATE,

Authority Lease Rentals ................ ......... $ General Obligation Bonds .......... ..... $ Total Funds Budgeted .................... ........... $ State Funds Budgeted ............ ........ $ Total Positions Budgeted

117,000 185,000 17,390,383 14,363,383
1,538

7. Southwestern State Hospital Budget:
Personal Services ................................... ........^ Regular Operating Expenses ............. .......... $ Travel .............._..............._..........._..... ............. $ Motor Vehicle Equipment Purchases .......$ Publications and Printing ........--... .....--.--... $ Equipment Purchases .......................... .......$ Per Diem and Fees ...._........ ...._...................... ..$ Computer Charges ......... ........... .............. ....$ General Obligation Bonds ..... ............ .........$ Total Funds Budgeted ........ ........... ........$ State Funds Budgeted ................. ............$ Total Positions Budgeted

6,489,000 1,145,082
18,000
7,725 1,300 30,000 27,552 70,000 157,000 7,945,659 7,203,659
810

8. Georgia Retardation Center Budget:

Personal Services

$

Regular Operating Expenses ......_.. .............$

Travel _._............._..............._............_................ $

Motor Vehicle Equipment Purchases ..... ......$

Publications and Printing ...... ........... ........... $

Equipment Purchases _....--.. .....--..........--. .....$

Per Diem and Fees .......... ..._.._........_._.... ........$

Computer Charges _..._....._.................... ..........$

Authority Lease Rentals _......._.._.................$

Total Funds Budgeted ............ ........................ $

State Funds Budgeted ._.._........._............._.... $

Total Positions Budgeted

9,465,685 2,428,760
31,000 --0--
9,210 500
49,563 122,100 794,000 12,900,818 12,235,818
1,100

9. Georgia Mental Health Institute Budget:
Personal Services ................_.___....._.............$ Regular Operating Expenses ....... ............ ....$ Travel ........................__.........._...._......._......... .._..$ Motor Vehicle Equipment Purchases .. .......$ Publications and Printing ...................... .........$ Equipment Purchases ........... .......... .........._.. $ Per Diem and Fees ..__.._.__..__.._______.___..._____.____._..$ Computer Charges ....._.._.... ..._.........._..............$ Authority Lease Rentals ....._... ......................$ Total Funds Budgeted ...._................. ........... ? State Funds Budgeted ............................... $ Total Positions Budgeted

6,384,596 1,592,262
28,803 --0--
9,370 33,645 72,970 60,810 450,000 8,632,456 8,272,456
680

10. Central State Hospital Budget:
Personal Services ._............ ....._........ ......... $ Regular Operating Expenses ..................... .$ Travel ........._................... ...... ......... . .$

39,171,204 8,961,137
64,050

TUESDAY, FEBRUARY 19, 1974

1679

Motor Vehicle Equipment Purchases .........$

Publications and Printing- _____

__ _____$

Equipment Purchases _ _ ......... ..... ... $

Per Diem and Fees ________

............ $

Computer Charges .... . ______________

._$

Authority Lease Rentals

____________ .... .....$

General Obligation Bonds ______

_..$

Total Funds Budgeted . . ......................^

State Funds Budgeted _

.... $

Total Positions Budgeted

40,000 14,408 480,222 91,492 360,000 1,284,000 383,000 50,849,513 43,095,282 4,897

11. State Youth Development Centers Budget:

Personal Services ______________________.____________.___$

Regular Operating Expenses ..

...... $

Travel . .. ._ .... _ .. .. _____________________ ....$

Motor Vehicle Equipment Purchases _ .... ___ $

Publications and Printing ______________________ _ .$

Equipment Purchases ..... . .. .......... .^

Per Diem and Fees

...__..._.._..__.._._._...$

Computer Charges _____ ___________________________ .. $

Total Funds Budgeted ____________

$

State Funds Budgeted __

..... _____

Total Positions Budgeted

5,512,906 1,275,962
23,990 29,400 3,900 38,000 37,300
8,000 6,929,458 6,853,458
619

12. Regional Youth Development Centers Budget:

Personal Services ......................... . .

$

Regular Operating Expenses .. . . . ..........$

Travel _________

................................$

Motor Vehicle Equipment Purchases ...... ... $

Publications and Printing

.....$

Equipment Purchases _______ .......... . . ...........$

Per Diem and Fees _ ..... . . ..........................^

Computer Charges .. .. .

_

__.___._....$

Grants to County-Owned

Detention Centers . ______ ___________ __ $

General Obligation Bonds _. ...... . ___._____.$

Total Funds Budgeted . . . . __________________$

State Funds Budgeted .. . ................... $

Total Positions Budgeted

1,858,821 520,865 18,138 12,000 1,450 30,945 52,100 --0--
400,000 170,000 3,064,319 3,053,319
262

Budget Unit Object Classes:

Personal Services .............__ .._........................$ 105,487,409

Regular Operating Expenses .....................% 23,869,498

Travel ______ ...............................................^

2.97,981

Motor Vehicle Equipment Purchases _..___$

129,795

Publications and Printing . .........._................ $

84,017

Equipment Purchases ........................ ..........$

853,287

Per Diem and Fees ____ __________ ...... .___________$

678,134

Computer Charges .......

________._____.______$ 1,052,910

Grants to County-Owned

Detention Centers

_ . .. . .

__.$

400,000

1680

JOURNAL OF THE SENATE,

Capital Outlay _._.._....................... ....._........_.._..$ Authority Lease Rentals ............................ $ General Obligation Bonds _______._______.___.___.._.._...$

900,000 5,545,000
895,000

Section 23. Department of Labor.

A. Budget Unit: Inspection Division . ..... $

Inspection Division Budget:

Personal Services ............................................$

Regular Operating Expenses ........._..............$

Travel

$

Motor Vehicle Equipment Purchases ............$

Publications and Printing ._......_._.______...._.___.___.$

Equipment Purchases ....... ......... _......._...$

Per Diem and Pees ._............ .. ... .._..................$

Computer Charges ...................._..........._...........$

Total Funds Budgeted ......... .... ...................._..$

State Funds Budgeted ........._........... ...... ......_.$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services ............................_........._...._..$

Regular Operating Expenses ..............._..........$

Travel ..

$

Motor Vehicle Equipment Purchases ............$

Publications and Printing ...............................$

Equipment Purchases ................._........_._.........$

Per Diem and Fees _...._..._........_......_......... ........$

Computer Charges _._..__.._......_._._.__._..................$

416,334
345,834 16,376 50,000
--0-- 2,000 1,500 624
--0-- 416,334 416,334
30
345,834 16,376 50,000
--0-- 2,000 1,500 624
--0--

B. Budget Unit: Basic Employment, Work Incentive, Manpower Services, and Unemployment Compensation Reserve Fund ....... ._..........._..._..._.._._.__..._..__......_._.__..._...._.._..$

1,972,056

1. Basic Employment Security Budget:

Personal Services ................ ..........._..._......_...$

Regular Operating Expenses ............. .. ......$

Travel

$

Motor Vehicle Equipment Purchases ....._......$

Publications and Printing .................... .......^

Equipment Purchases ......................................$

Per Diem and Fees ............_....................._.._..._..$

Computer Charges _..._..-...-.-.._.--.__...----------.$

Total Funds Budgeted ..................... ......$

State Funds Budgeted _...._..._..._..._...._........... . $

Total Positions Budgeted

12,299,247 1,460,622
218,400 --0-- 110,250 119,028 --0-- --0-- 14,207,547
75,000 1,008

2. State Administrative Fund Budget: Personal Services ................... . ........... ...$

99,503

TUESDAY, FEBRUARY 19, 1974

Regular Operating Expenses .................. .......^

Travel ..................$

Motor Vehicle Equipment Purchases .__._____.._.$

Publications and Printing

.............$

Equipment Purchases ....'..........----..----.--.--.$

Per Diem and Fees ............ . .. . ..........$

Computer Charges ..........................................^

Total Funds Budgeted ............... .. ........$

State Funds Budgeted .. .

...

$

Total Positions Budgeted

1681
80,497 --0-- --0-- --0-- --0-- --0-- -- 0-- 180,000 180,000
5

3. Manpower Training Budget:

Personal Services . .. ...... ....................$

Regular Operating Expenses ....................... $

Travel .............................................. . . . $

Motor Vehicle Equipment Purchases ..... ... $

Publications and Printing ..... ........ ................. $

Equipment Purchases . .. ..

. .$

Per Diem and Fees ..... . . . ..

. .$

Computer Charges ...

..................... $

Total Funds Budgeted . ...........................$

State Funds Budgeted . ................ ....4

Total Positions Budgeted

1,930,176 224,700 50,400 --0-- 12,600
5,250 --0-- --0-- 2,223,126 --0--
216

4. Other Manpower Services Budget:

Personal Services ......... ...................... .....$

Regular Operating Expenses ........................$

Travel .................................... . . .. .....

$

Motor Vehicle Equipment Purchases ..... .. $

Publications and Printing ................................$

Equipment Purchases ........._...._._._......._...._$

Per Diem and Fees

..............................$

Computer Charges . ..

. . . . .. $

Total Funds Budgeted ...................................$

State Funds Budgeted ........... - .. .. ..$

Total Positions Budgeted

931,454 32,760
2,205 --0--
23,835 --0--
--0--
--0-- 990,254
--0--
81

5. Correctional Manpower Program :

Personal Services . .... .. .. .

. .. . ... $

Regular Operating Expenses ..................$

Travel ... . .......... .. .............. ...

$

Motor Vehicle Equipment Purchases - ...... $

Publications and Printing . . . .. ..... ... . $

Equipment Purchases . ...........

$

Per Diem and Fees ... .............................--$

Computer Charges

. .. .. ............ $

Total Funds Budgeted .... . .. .. . .. .. ... $

State Funds Budgeted . ............. ........$

Total Positions Budgeted

665,813 212,073
33,033 --0-- --0--
1,272 --0-- --0-- 912,191 395,645
58

1082

JOURNAL OF THE SENATE,

6. Unemployment Compensation Reserve Fund Budget:

Unemployment Compensation

Reserve Fund ..

_____ ________________ $

Total Funds Budgeted ______ ________$

State Funds Budgeted _ ___

$

300,000 300,000 300,000

7. Work Incentive Budget:

Personal Services ________________ .................... $

Regular Operating Expenses ...... .. . . .. ......$

Travel _ __________________ _____________ . ...$

Motor Vehicle Equipment Purchases ............$

Publications and Printing ........__......... ..... $

Equipment Purchases ............... ..........$

Per Diem and Fees _________ __ ................ $

Computer Charges ............. . .... ....... $

WIN Grants ___________________ ______________ $

Total Funds Budgeted ___________ ___________$

State Funds Budgeted _______

.......$

Total Positions Budgeted

2,564,131 3,540,000
100,000 --0-- --0--
54,000 --0-- --0-- 1,769,000 8,027,131 802,713
232

Atlanta Inner City Job Placement Budget:

Personal Services ________________ ____________________ .$

Regular Operating Expenses _........... ___ $

Travel ..

...

.. . . $

Motor Vehicle Equipment Purchases ....... . $

Publications and Printing _ ..__..._._.__.. . $

Equipment Purchases ________ .. . . ____..$

Per Diem and Fees . .......... ..

................$

Computer Charges ....... .................. . $

Total Funds Budgeted _ ..................... . . .. $

State Funds Budgeted .................. ........$

Total Positions Budgeted

189,000 25,978 3,720 --0-- --0-- --0-- --0-- --0-- 218,698 218,698
18

Budget Unit Object Classes:

Personal Services

_____ _ _ ... . ... $

Regular Operating Expenses ...... ...._.........$

Travel __________ ______________ _ ___________________ $

Motor Vehicle Equipment Purchases . . _$

Publications and Printing ............. ........$

Equipment Purchases _________ .................if

Per Diem and Fees _______ _ _______________.___.$

Computer Charges

_____ ._..._...........

$

WIN Grants

.

......$

Unemployment Compensation

Reserve Fund ___________________ .._._.________._ $

18,679,324 5,576,630 407,758 --0-- 146,685 179,550 --0-- --0-- 1,769,000
300,000

Section 24. Department of Law. Budget Unit: Department of Law _________________.__$

1,996,200

TUESDAY, FEBRUARY 19, 1974

1683

1. Attorney General's Office Budget:

Personal Services .........................................I

Regular Operating Expenses ...... ..... ____....$

Travel __......_...._.............._.......................... ....$

Motor Vehicle Equipment Purchases --.....-- $

Publications and Printing ... ... .............. ....$

Equipment Purchases ..... ..... ..... ............$

Per Diem and Fees .....

...... ......$

Computer Charges ......... .... ... ....... ....... ..$

Total Funds Budgeted . ..... ... ................ ....$

State Funds Budgeted . ..

..

.. .$

Total Positions Budgeted

2. State Library Budget:

Personal Services ..................................... .....^

Regular Operating Expenses ... ........ ...... ..$

Travel - ............. ^.... ........................ .... .......%

Motor Vehicle Equipment Purchases .. ....... $

Publications and Printing ... .... ....... .........$

Equipment Purchases . .. ... ..... .. .. ... $

Per Diem and Fees . . ...

.... ..... ..... ....$

Computer Charges ,,... ..... .... ...... ..... ...... $

Books ....... ..._....._. ................... .... ...__......$

Total Funds Budgeted ... ____.._..__..._____.....__..$

State Funds Budgeted . ..... . .. . ... . ...... $

Total Positions Budgeted

3. Consumer Protection Budget:

Personal Services . ...... ............. ... .. ..... $

Regular Operating Expenses .. ....... ...... ....$

Travel ._ ........ ...... ..... ....... .._... ...... ....... ...... $

Motor Vehicle Equipment Purchases ...... $

Publications and Printing .. ...... ...... ..... ... $

Equipment Purchases ........ ... ... ...... ... $

Per Diem and Fees .. ...... ...... ... ... ..... $

Computer Charges ....... ...... ...... ..... ... ...$

Total Funds Budgeted .... .......... ....... ._._..$

State Funds Budgeted .. . ..

.. $

Total Positions Budgeted

Budget Unit Object Classes:
Personal Services ...................................... ...$ Regular Operating Expenses .....................$ Travel ...... .......... ..........._.............. .... $ Motor Vehicle Equipment Purchases ....... $ Publications and Printing ..... ..... ....... .....$ Equipment Purchases ... ....... ................ ........$ Per Diem and Fees ....... ... ..... ... ........ $ Computer Charges ... ............ ....... ..._....__..$ Books for State Library . ............ ..... ... $

1,541,500 140,800 43,500 --0-- 14,400 10,500 20,850 450
1,772,000 1,704,800
81
127,400 5,000 140
--0-- 250
2,000 550 60
24,000 159,400 159,400
11
107,000 17,950 3,000 --0-- 1,000 3,000 --0--
50 132,000 132,000
7
1,775,900 163,750 46,640 --0-- 15,650 15,500 21,400 560 24,000

For the cost of operating the Department of Law provided that the compensation of all Assistant At-

1684

JOURNAL OF THE SENATE,

torneys General, Deputy 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 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 payment is for reimburse ment to the Department of Law as provided by law.
Section 25. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration (No direct State General Fund Appropriation is required) ..................$
1. Examinations and Recruitment Budget:
Personal Services .........._..................................$ Regular Operating Expenses ......................... $ Travel ..............................................._...................$ Motor Vehicle Equipment Purchases . ... $ Publications and Printing ............................... $ Equipment Purchases _................_........... ........$ Per Diem and Fees ....._..................................$ Computer Charges . ....... ........................._......$ Total Funds Budgeted ........._......_............... $ State Funds Budgeted ............... .__.._..$ Total Positions Budgeted

2. Classification and Compensation Budget:

Personal Services _............................ ...... ......_..$

Regular Operating Expenses _______.___.___.__...__.$

Travel .............. ....._........_......_._......_........_..._.......$

Motor Vehicle Equipment Purchases ............$

Publications and Printing ....................... ...... $

Equipment Purchases ........................... . $

Per Diem and Fees ............. ............................$

Computer Charges

$

Total Funds Budgeted ......................... ............$

State Funds Budgeted .......... .... ..............$

Total Positions Budgeted

3. Personnel Transactions Budget:
Personal Services _................._......_............._......$ Regular Operating Expenses ....................... $ Travel ........_................_......_................................ $ Motor Vehicle Equipment Purchases ............$ Publications and Printing- ________________________________$ Equipment Purchases ..... ....................._.._.......$ Per Diem and Fees _. ... . . ... ..... ........$

--0--
317,485 13,350 1,500
--0-- 13,200 3,830 2,000 45,000
396,365 --0--
26
277,733 7,850 2,400
--0-- 6,675 1,500 500 56,000
352,658 --0--
21
181,804 6,800 100
--0-- 3,650 250
--0--

TUESDAY, FEBRUARY 19, 1974

Computer Charges ........................................^ Total Funds Budgeted .. .__..___....._.._......_...._.$ State Funds Budgeted .... ... ...... ......$ Total Positions Budgeted

4. Employees' Training Budget:

Personal Services ....... ......... ........._........_.$

Regular Operating Expenses ....... ......... $

Travel .......................... .. .... .._........ .........$

Motor Vehicle Equipment Purchases ...... ....$

Publications and Printing ... ... .... ..... .... $

Equipment Purchases . ... ...... . .... ...... ........$

Per Diem and Fees . .... ... ... ... .... ..... ....$

Computer Charges ... ... .. . - ... ..... .... ....$

Total Funds Budgeted . . . ........ ... $

State Funds Budgeted . .

$

Total Positions Budgeted

5. Employee Relations Budget:

Personal Services . ... ... ... .. ... .... $

Regular Operating Expenses .. . ... ..... ... $

Travel .. ... .. .... ........ ........... ... ... $

Motor Vehicle Equipment Purchases . . . $

Publications and Printing ......... . $

Equipment Purchases . - .... . ... ... . $

Per Diem and Fees . . ... ... ... . $

Computer Charges . .. ... . .. ..

$

Total Funds Budgeted . . .... .

$

State Funds Budgeted

$

Total Positions Budgeted

6. Intergovernmental Relations and Career Development Budget:

Personal Services . ............. $

Regular Operating Expenses .... ... .... .. $

Travel .. ...................................... ... $

Motor Vehicle Equipment Purchases . . . . $

Publications and Printing . . ... ... .. .. $

Equipment Purchases . .. .. . ... .... - . $

Per Diem and Fees

.... ... .. ... ..$

Computer Charges

. ... . .... . $

Total Funds Budgeted . .. .. . ... .. $

State Funds Budgeted .

$

Total Positions Budgeted

7. Employees' Health Insurance Budget:

Personal Services -

.. . ....... ... $

Regular Operating Expenses .. .. . .. $

Travel .

... . . ... ... ... ... ..

$

Motor Vehicle Equipment Purchases .

$

Publications and Printing . . . . . $

Equipment Purchases

$

1685
178,800 371,404 -- 0--
19
178,466 15,150
4,450 --0--
5,300 300
25,000 200
228,866 --0--
13
80,831 3,150 3,000 --0-- 5,000 1,700
700 --0--
94,381 --0--
5
84,000 55,616
4,300 --0--
650 1,300
400 6,000 152,266 --0--
5
160,126 13,075 1,575
--0-- 2,550 1,100

1686

JOURNAL OF THE SENATE,

Per Diem and Fees

..........._._._.__...._.......$

Computer Charges ... .............. .......

$

Total Funds Budgeted ........

....... . ... $

State Funds Budgeted .......................

$

Total Positions Budgeted

6,000 18,000 202,426 --0--
15

8. Internal Administration Budget:

Personal Services ......... ...........

$

Regular Operating Expenses .. .......... .. ... . $

Travel .................................................... ........ $

Motor Vehicle Equipment Purchases

$

Publications and Printing ......

$

Equipment Purchases ........................ . . $

Per Diem and Fees ..........................................$

Computer Charges . ............ . ............. $

Total Funds Budgeted

$

State Funds Budgeted

$

Total Positions Budgeted

235,808 12,575 4,400
--0-- 4,400 3,100 2,100 6,000
268,383 --0--
18

Budget Unit Object Classes:

Personal Services

$

Regular Operating Expenses ..... ....... .. $

Travel

......./.......................................$

Motor Vehicle Equipment Purchases

.$

Publications and Printing ..... . .... .

$

Equipment Purchases ................... .......... . $

Per Diem and Fees

. .. ...... $

Computer Charges ...............................

$

1,516,253 127,566 21,725 --0-- 41,825 13,080 36,700 310,000

Section 2G. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources .. ................................

$ 30,437,395.75

1. Internal Administration Budget:

Personal Services ....

- ................$

Regular Operating Expenses

.... . ..$

Travel

..................................

$

Motor Vehicle Equipment Purchases

$

Publications and Printing ... .......

$

Equipment Purchases . . .

$

Per Diem and Fees ...

.... - ... .. $

Computer Charges ... .. . . .

. . -if

Total Funds Budgeted ...

...

.$

State Funds Budgeted

-$

Total Positions Budgeted

726,244 261,822
8,600 3,400 68,000
12,550 30,000 107,000 1,217,616 1,217,616
58

2. Public Relations and Information Budget:

Personal Services ........ . . .....................$

Regular Operating Expenses . .

$

Travel . .

..................

$

227,469 71,163 14,200

TUESDAY, FEBRUARY 19, 1974

1687

Motor Vehicle Equipment Purchases

$

Publications and Printing

................ $

Equipment Purchases ....... .

.$

Per Diem and Fees .. .

... . ........ .$

Computer Charges . ..............--......... .. $

Total Funds Budgeted ....... ........ $

State Funds Budgeted.... . ..... .

.$

Total Positions Budgeted

7,500 254,000
15,000 23,000 --0-- 612,332 012,332
19

3. Planning and Research Budget:

Personal Services

.......

-- $

Regular Operating Expenses ........

$

Travel....................

._.._.....___.$

Motor Vehicle Equipment Purchases

.$

Publications and Printing ... ....

$

Equipment Purchases

... $

Per Diem and Fees ......

$

Computer Charges ....

.....

$

Land and Water Conservation Grants

$

Recreation Grants

.

$

Capital Outlay .....

.

.

$

Total Funds Budgeted ....

.... $

State Funds Budgeted

$

Total Positions Budgeted

854,KV 174,9iiO
57,500 --0--
70,850 28,800 88.500
3,000 4,000,000 1,245,000
63,250 6,585,952 2,431,801
61

4. Unicoi Budget:

Personal Services

. ...

Regular Operating Expenses

Travel ....

.

Motor Vehicle Equipment Purchases

Publications and Printing

Equipment Purchases

Per Diem and Fees

. . ...

Computer Charges .

......

Total Funds Budgeted

......

State Funds Budgeted

Total Positions Budgeted

?

587,915

$

324,500

$

19,000

$

30,500

$

20,000

?

36,20U

$

35,300

$

--0--

$ 1,053,415

$

669,000

48

5. Game Management Budget:

Personal Services

..

$ 1,172,858

Regular Operating Expenses

.$

483.000

Travel .

....

$

9,000

Motor Vehicle Equipment Purchases

$

158,590

Publications and Printing

$

7,000

Equipment Purchases .

$

86,600

Per Diem and Fees

$

-.000

Computer Charges

$

--U--

Total Funds Budgeted

$ 1.920.04K

State Funds Budgeted

$ 1.026,712

Total Positions Budgeted

109

6. Fisheries Management Budget: Personal Services

$ 1,332,959

1688

JOURNAL OP THE SENATE,

Regular Operating Expenses .................--... $ Travel ..................................................................^ Motor Vehicle Equipment Purchases ....... $ Publications and Printing __._________.__.........._.___.$ Equipment Purchases ...._............................. .... $ Per Diem and Fees ......................... ... $ Computer Charges ..__..........._..............._... .....$ Capital Outlay .._._....................._._............._.. ....$ Total Funds Budgeted ..__.__.__....____.___....__._..._.$ State Funds Budgeted . ...... ............. ......$ Total Positions Budgeted

488,094 32,000 117,450 10,500 112,755 3,000 1,900
215,000 2,313,658 1,832,720
110

7. Law Enforcement Budget:

Personal Services ....___............._.........................$

Regular Operating Expenses ....... ..____...---- $

Travel

$

Motor Vehicle Equipment Purchases ...... $

Publications and Printing __........ .............. $

Equipment Purchases . ........... ........... .... $

Per Diem and Fees ... ....... ............ ..........$

Computer Charges ........... .......... ........ -- $

State of Georgia General

Obligation Debt Sinking Fund/

Authority Lease Rentals ................ ........$

Total Funds Budgeted ......... ........................ ^

State Funds Budgeted ................................. $

Total Positions Budgeted

2,667,801 759,535 34,101 248,280 29,394 162,267 --0-- --0--
27,000 3,928,378 3,723,648
240

8. Project Evaluation Budget:

Personal Services ......... ....... . ............ . $

Regular Operating Expenses .... .................. $

Travel ... ............

.

$

Motor Vehicle Equipment Purchases ........--...$

Publications and Printing .................................$

Equipment Purchases .... .................................$

Per Diem and Fees ....... ...........................--$

Computer Charges ......... ......_.... .............. $

Total Funds Budgeted ........................... ...........$

State Funds Budgeted ... ... ... .... . ...... $

Total Positions Budgeted

63,171 8,075 2,600 3',400 300 3,000
--0-- --0--
80,546 80,546
4

9. Coastal Marshlands Protection Budget:

Personal Services ...... ........................................$

Regular Operating Expenses .... ........ . ....$

Travel .. .................................._.....................$

Motor Vehicle Equipment Purchases . .. $

Publications and Printing ............ ..... . .$

Equipment Purchases ........_---..._._..--..._....-- .-.$

Per Diem and Fees ......... .. ......... . ...

.$

Computer Charges ....... .

... . $

Total Funds Budgeted ....... ..... ... $

State Funds Budgeted ... ..

... $

Total Positions Budgeted

27,971 4,000 2,500 --0-- --0--
500 --0-- --0--
34,971 34,971
2

TUESDAY, FEBRUARY 19, 1974

1689

10. Parks and Historic Sites Operations Budget:

Personal Services ................... .........................:$

Regular Operating Expenses .......................... $

Travel ....... ..................................................... $

Motor Vehicle Equipment Purchases .... ...... $

Publications and Printing ...... ......................... $

Equipment Purchases .................... .............$

Per Diem and Fees ......... ... ......................... ...$

Computer Charges .. .....................--.--....... .--.$

Capital Outlay .................... . ........ ....... ........ ...$

Authority Lease Rentals .......................... . $

State of Georgia General

Obligation Debt Sinking Fund/

Authority Lease Rentals ............................... $

Total Funds Budgeted .... .. ................ . .$

State Funds Budgeted .... . . .

.$

Total Positions Budgeted

3,101,417 1,809,252
41,775 234,130
13,200 312,089 24,400 --0-- 2,559,200 2,526,000
90,000 10,711,463 8,961,463
316

11. Geologic and Water Resources Research Budget:

Personal Services ...........

$

Regular Operating Expenses ..........--...... ....... $

Travel ............" ... ..................... .... . $

Motor Vehicle Equipment Purchases .. ........ ..$

Publications and Printing ................ . ... .......$

Equipment Purchases ...... ........ . ............. $

Per Diem and Fees . .

..... ............ $

Computer Charges

.

$

Contract with U. S. Geological Survey

for Ground Water Resources Survey ...... $

Total Funds Budgeted ........ .... .

... $

State Funds Budgeted ........ . .........

$

Total Positions Budgeted

441,968 53,475 23,203 29,550 22,950 68,072 9,450
--0--
176,000 824,668 791,668
33

12. Topographic Mapping Budget:
Contract with U. S. Geological Survey for Topographic Maps ............ ............ . $
Total Funds Budgeted ................ ......$ State Funds Budgeted ....... . . ... ... .$ Total Positions Budgeted

1,585,000 1,585,000 1,335,000
-- 0--

13. Water Supply Budget:

Personal Services ...................................... .. $

Regular Operating Expenses ... ...... ..

$

Travel .... ..

.... .... ............... $

Motor Vehicle Equipment Purchases

$

Publications and Printing

.

$

Equipment Purchases

.

$

Per Diem and Fees

.

$

Computer Charges ......

$

Total Funds Budgeted

.

$

430,251 37,800 26,004 --0--
5,000 21,500 -- 0-- 20,000 540,555

1690

JOURNAL OF THE SENATE,

State Funds Bucketed ......... Total Positions Budgeted

........$

540,555 35

14. Water Quality Budget:

Personal Services ..................... ......... . $

Regular Operating Expenses ... .....

$

Travel... .... ".................... ...... . ... $

Motor Vehicle Equipment Purchases ....... $

Publications and Printing- ....... ...... . ... $

Equipment Purchases ...... .................$

Per Diem and Fees .......... ....... ............... $

Computer Charges .................. .............. .... $

Water and Sewer Grants ....... .............. .... $

Total Funds Budgeted ............................. $

State Funds Budgeted .. ... ........... .. ... $

Total Positions Budgeted

1,295,032 705,400 40,000 10,000 7,000 30,000 --0-- 30,000
2,000,000 4,117,432 2,872,432
94

15. Air Quality Budget:

Personal Services

... .

........ ... $

Regular Operating Expenses .... .... ... $

Travel ......... ............... ..... . _.....$

Motor Vehicle Equipment Purchases .... $

Publications and Printing .. . ._........._$

Equipment Purchases ..... ... ........ ... $

Per Diem and Fees . ... .. .... ......... .$

Computer Charges . ... .... ........ ..... $

Total Funds Budgeted . ..... ........ ... $

State Funds Budgeted .. ..... ... . $

Total Positions Budgeted

1,004,967 64,300 54,000
--0-- 3,000 41,774
--0-- 35,000
1,203,041 703,041 77

16. Solid Waste Management Budget:

Personal Services

.. . .... $

Regular Operating Expenses ...... ... . ... $

Travel . ... .. ..... .... ...... ......

$

Motor Vehicle Equipment Purchases

.. $

Publications and Printing . . ..

$

Equipment Purchases .. .... ..... ...... ... ... $

Per Diem and Fees .

.... . . ... ... $

Computer Charges .....

.. ... $

Solid Waste Grants .... ......

... $

Total Funds Budgeted ......... . ... .. $

State Funds Budgeted .. .... ...

.. . $

Total Positions Budgeted

476,948 36,088 29,532
--0-- 8,200 8,000 1,500
--0-- 2,000,000 2,560,268 2,560,268
35

17. T.nnd Reclamation Budget:

Personal Services . ........ ... ...

$

Regular Operating Expenses ...

$

Travel . ..

.

... . .

... $

Motor ', >hicle Equipment Purchases

$

Publications and Printing .... ..... .. . . $

Equipment Purchases . ....... ........ $

Per ;>iem and Fees ......... . . .. .. .$

138,973 26,500
9,775 --0--
2,500 1,425 4,000

TUESDAY, FEBRUARY 19, 1974

Computer Charges .. Total Funds Budgeted .... State Funds Budgeted ..... Total Positions Budgeted

18. Heritage Trust Budget:

Capital Outlay

....

... .

State of Georgia General Obligation

Debt Sinking Fund/Authority

Lease Rentals ....

....

Total Funds Budgeted

State Funds Budgeted ..

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

Regular Operating Expenses

Travel

........ ...

Motor Vehicle Equipment Purchases

Publications and Printing ......

Equipment Purchases

Per Diem and Fees .

Computer Charges

. ...

Land and Water Conservation Grants

Recreation Grants

Water and Sewer Grants

Solid Waste Grants

Contract with U. S. Geological Survey

for Ground Water Reourccs Survey

Contract with U. S. Geological Survey

for Topographic Maps

Capital Outlay

Authority Lease Rentals

State of Georgia General Obligation

Debt Sinking Fund/Authority Lease

Rentals

1691
20,000 203,173 203,173
9

538,449.75
302,000 840,449.75 840,449.75
0

$ 14,550,046 $ 5,307,954 $ 403,790 $ 842,800 $ 521,894 $ 940,532 $ 222,150 $ 216,900 $ 4,000,000 $ 1,245,000 $ 2,000,000 $ 2,000,000

$

170,000

$ 1,585,000 $ 3,375,899.75 $ 2,520.000

$ 419.000

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Sec tion or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section.
Provided, however, that none of the above ap propriation for Water and Sewer Grants shall be al lotted to any county or municipality unless such county or municipality shall have reached its legally established bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the of ficial approval thereof by the Board of Natural Re sources.
Provided, however, that of the above appropriation

1692

JOURNAL OF THE SENATE,

relative to equipment purchases, $60,000 is designated and committed for playground equipment for neighbor hood parks in Glynn County, Georgia.
Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals, $302,000 is specifically appropriated for the Heritage Trust Program through the issuance of not to exceed $3,473,000 in principal amount of general obligation debt.

B. Budget Unit: Lake Lanier Islands Development

Authority .................... ..... .... . ... ...

$

Lake Lanier Islands Development Authority Budget:

Payment to Authority for Operations

and Construction _____ ___________ ________ ___ $

Total Funds Budgeted ___ _____ ....

$

State Funds Budgeted ______ ........ ___

... $

Total Positions Budgeted

1,250,249
1,250,249 1,250,249 1,250,249
100

Section 27. Department of Offender Rehabilitation. A. Budget Unit: Department of Corrections ______ $

3,685,761

1. General Administration and Support Budget:

Personal Services ........ ........................ .... .....$

Regular Operating Expenses ....... ........... $

Travel ....................................................... . $

Motor Vehicle Equipment Purchases ........ $

Publications and Printing ___________

$

Equipment Purchases ............................ . $

Per Diem and Fees _____________........

... $

Computer Charges ................................ .....$

Inmate Release Fund--Payments and

Clothing ........................................ ............$

Total Funds Budgeted _________________ .. . ....$

State Funds Budgeted . _________ . . . . .... $

Total Positions Budgeted

2,213,828 441,302 144,630 4,500 32,300 103,480 100,500 166,036
320,000 3,526,576 3,526,576
200

2. Construction, Maintenance, and Special Projects Budget:

Personal Services ............................. .....$

Regular Operating Expenses .......

$

Travel _____ .................. .______._ . ...... $

Motor Vehicle Equipment Purchases . . $

Publications and Printing . .. . .

$

Equipment Purchases

...

$

Per Diem and Fees

........

$

112,185 33,500
6,000 4,000 --0-- 2,000 1,500

TUESDAY, FEBRUARY 19, 1974

Computer Charges ...... ..... Total Funds Budgeted ___. State Funds Budgeted .... Total Positions Budgeted

Budget Unit Object Classes:

Personal Services ........._.._-......_...._._.____

Regular Operating Expenses .................

Travel

....

Motor Vehicle Equipment Purchases

Publications and Printing

Equipment Purchases .............................

Per Diem and Fees _._.............. .........

Computer Charges ....... --.......

Inmate Release Fund--Payments and

Clothing ......................................... ......

1693
--0-- 159,185 159,185
2,326,013 474,802 150,630 8,500 32,300 105,480 102,000 166,036
320,000

B. Budget Unit: Correctional Institutions

..$ 23,116,904

1. Georgia Training and Development Center Budget:

Personal Services ............ . . ................... ...........$

Regular Operating Expenses ___.___....,__..._.......$

Travel ........_..$

Motor Vehicle Equipment Purchases .........._.$

Publications and Printing ............................... $

Equipment Purchases ............ ............... ........$

Per Diem and Fees .........

...... ... .......$

Computer Charges ....... .. . . ...... ...--.. $

Total Funds Budgeted _________ ____________ $

State Funds Budgeted _____ ____ _______ $

Total Positions Budgeted

827,095 408,719
1,740 17,000
102 12,381 16,378 --0-- 1,283,415 1,283,415
80

2. Georgia Industrial Institute Budget:

Personal Services ________ ____________________________ .......$

Regular Operating Expenses ___ _______ _ ___ $

Travel ____ ________ ...._.........._...._...._......__.......$

Motor Vehicle Equipment Purchases _____ .... $

Publications and Printing ......... ........ ........$

Equipment Purchases

.___ __. ..... _.$

Per Diem and Fees .... _________________$

Computer Charges .... ......... .......... .............$

Capital Outlay ........ ................. .......,,.....$

Total Funds Budgeted ______ ...... .......$

State Funds Budgeted __

_

.....$

Total Positions Budgeted

2,092,785 1,258,171
11,142 58,800
615
32,015 12,283 --0-- 154,000 3,619,811 3,619,811
215

3. Georgia Diagnostic and Classification Center Budget:
Personal Services ....... .... Regular Operating Expenses

2,167,599 874,316

1694

JOURNAL OF THE SENATE,

Travel ...................................................... .. $ Motor Vehicle Equipment Purchases ...... ...$ Publications and Printing .... .... ......... $ Equipment Purchases ....... .................. ........$ Per Diem and Fees ... ... ... .... ........ . ... $ Computer Charges ...................... ....... .......$ Capital Outlay ..... ... .. ........ ...... . ... .... $ Authority Lease Rentals .... ............. __.___$ Total Funds Budgeted ........ . .... ...............$ State Funds Budgeted ........ . .......... .. $ Total Positions Budgeted

4,094 28,500
819 39,900 42,275 --0-- 18,000 640,000 3,815,503 3,815,503
225

4. Georgia State Prison Budget:

Personal Services .................... ....................$

Regular Operating Expenses .......--....--.....$

Travel ......... ...1 ............................ ......$

Motor Vehicle Equipment Purchases ..... ... $

Publications and Printing ............. .... . $

Equipment Purchases .......

.... ........$

Per Diem and Fees ...... .... . .. ... . .. ..... $

Computer Charges ........ ...... .... . ....... ..... . $

Capital Outlay ........ ........... ... . . ...$

Total Funds Budgeted ...... ........... ... $

State Funds Budgeted ......... . . ..... .. $

Total Positions Budgeted

4,707,103 2,119,652
9,165 54,000
1,535 129,621 63,540 --0-- 50,000 7,134,616 7,069,616
489

5. Consolidated Branches Budget:

Personal Services . ...... ...... .... . .... .. ... $

Regular Operating Expenses .......... ... .... $

Travel ..... ............ ........................ .... . ..... $

Motor Vehicle Equipment Purchases ...... ... $

Publications and Printing . . ... ....... .$

Equipment Purchases ............. .... ... $

Per Diem and Fees ................ ........... .....$

Computer Charges ..... ....... ...... ............. $

Capital Outlay ........ ... .... .............. ....$

Authority Lease Rentals .. .. ....... ... ... $

Total Funds Budgeted ..... .... .. . ..........$

State Funds Budgeted . ....... ....

$

Total Positions Budgeted

4,578,499 2,691,978
50,354 111,360
3,572 99,976 120,700 --0--
8,000 200,000 7,864,439 7,328,559
501

Budget Unit Object Classes:

Personal Services . ............ .............. ........$

Regular Operating Expenses ..... ....... $

Travel.... .................................. ..............$

Motor Vehicle Equipment Purchases ..... $

Publications and Printing ... ....... ...... ... $

Equipment Purchases ... ....... ... ......... .......$

Per Diem and Fees ...... ..... . .....

..$

Computer Charges ..... ..... ......... ... .. $

Capital Outlay ............. ......... ..._.....$

Authority Lease Rentals .... ... . ... ...$

14,373,081 7,352,836
76,495 269,660
6,643 313,893 255,176 --0-- 230,000 840,000

TUESDAY, FEBRUARY 19, 1974

1695

C. Budget Unit: Department of Offender Rehabilitation . ........... ........................ $

1. Administration and Federal Grants Budget:

Personal Services ............... .......... - ........$

Regular Operating Expenses ... ..... .... $

Travel .................................. ...........

...$

Motor Vehicle Equipment Purchases

$

Publications and Printing ....

$

Equipment Purchases ..

.... .. $

Per Diem and Fees

... . . .

$

Computer Charges ............. .......... ......$

Direct Benefits ......... ......... ...... .................$

Total Funds Budgeted ...... .. ... ...

... . $

State Funds Budgeted

...... ............$

Total Positions Budgeted

4,577,893
868,927 152,521
71,973 -- 0--
800 19,745 13,960 7,490 74,400 1,209,816 234,096
89

2. Probation-Parole Supervision Regional Operations Budget:

Personal Services .... . .. ......

$

Regular Operating Expenses . ... . $

Travel .......

........... ............ ......$

Motor Vehicle Equipment Purchases

.. $

Publications and Printing . . . .

... .. $

Equipment Purchases .... . . .

$

Per Diem and Fees .. ..

. .. .. . . . $

Computer Charges ............ . ...... ..

$

Total Funds Budgeted

.. ........ $

State Funds Budgeted

..

$

Total Positions Budgeted

3,794,300 210,831 289,576 --0-- 1,372 40,000 7,718 --0--
4,343,797 4,343,797
363

Budget Unit Object Classes:

Personal Services .. . ........... ...

$

Regular Operating Expenses ........... .. $

Travel .......

......... ... ........

.. .. $

Motor Vehicle Equipment Purchases

$

Publications and Printing ....... . . .$

Equipment Purchases .. .. ............. $

Per Diem and Fees . ... .....................$

Computer Charges

.......... ........ . .$

Direct Benefits ...

.......... ...... $

4,663,227 363,352 361,549 --0-- 2,172 59,745 21,678 7,490 74,400

D. Budget Unit: Board of Pardons and

Paroles

.

. . .. .... ..$

415,000

Board of Pardons and Paroles Budget:

Persona] Services

.. .

.$

Regular Operating Expenses

...... .. . .. $

Travel .............. .. .... ... .......... ........... .$

Motor Vehicle Equipment Purchases . . .. $

Publications and Printing

.

..$

Equipment Purchases

...... ... $

361,153 18,747 27,000
--0-- 2,000 3,600

1696

JOURNAL OF THE SENATE,

Per Diem and Fees ________ ._._.___.$

Computer Charges ______ ___.,,______ ._...$

Total Funds Budgeted .............. .................... $

State Funds Budgeted ..................

.....$

Total Positions Budgeted

2,500 --0-- 415,000 415,000
21

Budget Unit Object Classes:

Personal Services _

.

$

Regular Operating Expenses ......

$

Travel _............................:.... _______........__$

Motor Vehicle Equipment Purchases ....__..__..$

Publications and Printing ....................... ....$

Equipment Purchases .................. .______$

Per Diem and Fees .......... __________._._$

Computer Charges .................... .......... ..........$

361,153 18,747 27,000
--0-- 2,000 3,600 2,500
--0--

Section 28. Department of Public Safety. Budget Unit: Department of Public Safety $ 25,166,063

1. Office of Highway Safety Budget: Personal Services ........................................ $ Regular Operating Expenses .... ..............$ Travel ......_..$ Motor Vehicle Equipment Purchases ............$ Publications and Printing ______ ...............$ Equipment Purchases ........................................$ Per Diem and Fees .......... ................................$ Computer Charges ........................................ ..$ Total Funds Budgeted _.......................................$ State Funds Budgeted __________ ....................$ Total Positions Budgeted

230,700 24,600 14,000 --0-- 7,000 3,000
1,000 2,000 282,300 --0--
16

2. Commissioner's Office Budget:

Personal Services ......

...... . . . $

Regular Operating Expenses ............................$

Travel ._..___ ____....____ ....._______.$

Motor Vehicle Equipment Purchases ..... ....$

Publications and Printing _____$

Equipment Purchases ..........

............... ...$

Per Diem and Fees .... .............................$

Computer Charges _......... .... ............. . .....$

Total Funds Budgeted .......... .. .......... . ..___$

State Funds Budgeted .. . . ... . ... $

Total Positions Budgeted

711,569 107,955
16,140 17,500 13,903
2,800 47,410 --0-- 917,277 792,277
47

3. Staff Services Budget:

Personal Services ____ .......... ........ . $

Regular Operating Expenses __________ ____$

Travel ............................._..._.._..........._............ $

Motor Vehicle Equipment Purchases ............$

Publications and Printing

$

535,952 858,703
2,750 6,800 29,441

TUESDAY, FEBRUARY 19, 1974

1697

Equipment Purchases ___._...___._____._._._.___......___.__..$

Per Diem and Fees .__..______......______...._._______._...___.$

Computer Charges ..____.._.......___._._......__.__.._-....$

Total Funds Budgeted .

$

State Funds Budgeted .................................. . $

Total Positions Budgeted

120,360 10,660 158,210 1,722,876 1,722,876
62

4. Georgia State Patrol Budget:

Personal Services ....... .. ....... ............... . ._.$

Regular Operating Expenses ..........................$

Travel

.....$

Motor Vehicle Equipment Purchases ..............$

Publications and Printing _______._..______________...._..$

Equipment Purchases ........__........................... $

Per Diem and Fees ..........................................$

Computer Charges ............_............_..................$

Total Funds Budgeted ___.___._...__.._______.__...._.._..__$

State Funds Budgeted ......___..___..._.___.________.._.....$

Total Positions Budgeted

12,419,698 2,070,637 50,400 1,211,600 583,103 153,594 130,000 674,139 17,293,171
16,849,267 1,084

5. Division of Investigation--Operations Budget:
Personal Services ............_...........__.........._..._.....$ Regular Operating Expenses ............................^ Travel ...._..........._..._............._......................_..........$ Motor Vehicle Equipment Purchases ._..__..___.$ Publications and Printing ...... ..._.._.__._.._...._..._.$ Equipment Purchases .................._.....................$ Per Diem and Fees - .........._..........._...................$ Computer Charges ___..._......._..___.....________._____......$ Evidence Purchased ...................._...........__..........$ Total Funds Budgeted __.._...___.....__________.._______.___.$ State Funds Budgeted ....................................... $ Total Positions Budgeted

2,475,403 542,810 115,000 192,000 12,950 82,000 128,500 8,500 65,000
3,622,163 3,116,163'
189

6. Crime Laboratory Budget:

Personal Services .........._..................-._..._._......_..$

Regular Operating Expenses ........................$

Travel ............

......$

Motor Vehicle Equipment Purchases ._.........$

Publications and Printing .............,,.................$

Equipment Purchases ........................................$

Per Diem and Fees

.

-$

Computer Charges ---_.__.._.__------.___.--------_---$

Total Funds Budgeted ........._..._.............._...........$

State Funds Budgeted .............._.......................$

Total Positions Budgeted

951,512 236,339
17,000 20,800
5,800 253,500 24,700 --0-- 1,509,651 1,479,651
73

7. Georgia Crime Information Center Budget:
Personal Services ............ .......... ................$ Regular Operating Expenses ...._.....................$ Travel ........................^

1,154,856 508,363 21,000

1698

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases ..,,..._.$ Publications and Printing ........ .......... ....._.$ Equipment Purchases ... ...... ................... ........$ Per Diem and Fees ....... _..........................._._.... $ Computer Charges ...........................................$ Total Funds Budgeted .__.._.......___. ............... $ State Funds Budgeted ......... ... .......... ......$ Total Positions Budgeted

12,000 25,000 30,000 10,000 850,000 2,611,219 1,205,829
140

Budget Unit Object Classes:

Personal Services .. ... ......

- ............ ....$

Regular Operating Expenses ___.___..._____._...--. . $

Travel _..................!............ ..._......._....._................$

Motor Vehicle Equipment Purchases ......... $

Publications and Printing .. ................ .......^

Equipment Purchases ..... ... ........ ....... ........ $

Per Diem and Fees . ......... . . ......... ...... $

Computer Charges ..... . ........................ ... ..$

Evidence Purchase .._......

............ .....$

18,479,690 4,349,407 236,290 1,460,700 677,197 645,254 352,270 1,692,849 65,000

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American As sociation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Pro vincial Police).

Section 29. Public School Employees' Retirement System.

Budget Unit: Public School Employees'

Retirement System ............ . . .......

..$

7,396,000

Departmental Operations Budget:
Regular Operating Expenses ........... .... ......... .$ Employer Contributions ____._..._.._.._._....._......$ Total Funds Budgeted .............. ........ .......$ State Funds Budgeted .............. ............... $
Budget Unit Object Classes:
Regular Operating Expenses ..... ............... $ Employer Contributions .... . ....................$

137,000 7,259,000 7,396,000 7,396,000
137,000 7,259,000

Section 30. Public Service Commission. Budget Unit: Public Service Commission ... _$

2,014,727

1. Administration Budget:
Personal Services ..... ........................_... . . ....$ Regular Operating Expenses . .................... $ Travel ........................................_._....._...... ............$

437,695 18,550 4,500

TUESDAY, FEBRUARY 19, 1974

Motor Vehicle Equipment Purchases ______ $

Publications and Printing __________________________$

Equipment Purchases _______ _________________ __ ______ $

Per Diem and Pees ........ .. ____________ _______ __ _ $

Computer Charges ..................__..___.__..__.._......_$

Total Funds Budgeted _____________________________ .... $

State Funds Budgeted ___________________

_$

Total Positions Budgeted

1699
--0-- 1,500 3,200
15,000 --0-- 480,445 480,445
27

2. Transportation Budget:

Personal Services

$

Regular Operating Expenses __________________ __ __ $

Travel ___ ____ .__..._______..___________________.___.__.$

Motor Vehicle Equipment Purchases _ . .. $

Publications and Printing .... .____________________$

Equipment Purchases ................................. $

Per Diem and Fees ___________________________________________ $

Computer Charges ._......__.._...__....._.. ... ....... __$

Total Funds Budgeted _______________________________________ $

State Funds Budgeted .... ________ ...........^

Total Positions Budgeted

457,373 107,800 35,000
12,000 9,700
18,500 3,000 --0-- 643,373 643,373
44

3. Utilities Budget:

Personal Services ......................................... ___ $

Regular Operating Expenses ............ ... ...........if

Travel _______ _____________________ ___________________________________$

Motor Vehicle Equipment Purchases .. ..... $

Publications and Printing ...................... _____$

Equipment Purchases ...................................... $

Per Diem and Fees

.... ... _______ . . $

Computer Charges .............................................$

Total Funds Budgeted ____ _________________.._$

State Funds Budgeted ..................................^

Total Positions Budgeted

664,709 132,150 27,000 12,000
9,000 35,050 36,000 --0-- 915,909 890,909
53

Budget Unit Object Classes:

Personal Services ....................................... ^

Regular Operating Expenses ........................$

Travel _______________________ __________________________________$

Motor Vehicle Equipment Purchases .......... $

Publications and Printing _______ _______________________ $

Equipment Purchases ............................. .......^

Per Diem and Fees _____ ____________........____..______..__$

Computer Charges

$

1,559,777 258,500 66,500 24,000 20,200 56,750 54,000 --0--

Section 31. Regents, University System of Georgia.

Budget Unit: Resident Instruction Institutions ________________________________ _____ ............$ 216,962,833

1700

JOURNAL OF THE SENATE,

Resident Instruction Budget:

Personal Services ........................... ........... ._..._..$ 211,132,000

Regular Operating Expenses, Travel,

Motor Vehicle Equipment Purchases,

Publications and Printing, Per Diem

and Fees, Equipment Purchases, and

Computer Charges .......................................$ 62,143,000

Teachers' Retirement ............... .. ....... ....$ 15,500,500

Capital Outlay ..................................... ............$ 2,500,000

Authority Lease Rentals ............................ ....$ 22,739,136

General Obligation Bonds ...... ....... .. -..-.$ 3,000,000

Total Funds Budgeted ........... ... .......................$ 317,014,636

State Funds Budgeted .......................................$ 216,962,833

Total Positions Budgeted

14,987

Budget Unit Object Classes:
Personal Services . .............................................$ 211,132,000 Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ......................................$ 62,143,000 Teachers' Retirement ...................._...................$ 15,500,500 Capital Outlay ......................................................$ 2,500,000 Authority Lease Rentals ..................................$ 22,739,136 General Obligation Bonds ...................... .......$ 3,000,000

Provided, that from the above appropriation relating to Regents Central Office, $4,000 is designated and committed for two additional student grants for the Southern College of Optometry in SREB payments.

Provided, that from the above appropriated amount, $2,000,000 is specifically appropriated for the purposes of financing a new construction program which consists of the acquisition of land (if needed) and the construction and equipping of buildings and facilities at various insti tutions under the control of the State Board of Regents of the University System through the issuance of not to exceed $24,000,000 in principal amount of general obliga tion debt or through the issuance of not to exceed $24,000,000 in principal amount of bonds by the Georgia Education Authority (University). Should the Georgia State Financing and Investment Commission elect to is sue General Obligation Debt to finance said undertaking, said amount will be appropriated to the "State of Geor gia General Obligation Debt Sinking Fund." Should said Commission determine that said undertaking be financed through the issuance of bonds by the Georgia Education Authority (University), said amount shall be appro priated to the Board of Regents of the University System and used for the purpose of paying lease rentals.

Provided, that from appropriated funds in A, the

TUESDAY, FEBRUARY 19, 1974

1701

amount of $25,739,136 in F.Y. 1975 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds.

Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.

Provided, that the State Board of Regents shall, within 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 con tract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing.

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 cost of any employer contribution applicable to such salary to the Teachers' Retirement System.

No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Govern ment, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning- and Budget, in accordance with the provisions of the Budget Act, as amended.

Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate.

Provided, that revenue from student fees which exceeds the budget estimate of student fees by $2,000,000 shall not be available for operations; provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.

B. Budget Unit: Regents Central Office ........ $ 5,957,500

Regents Central Office budget: Personal Services .........._....................................$

1,661,400

1702

JOURNAL OF THE SENATE,

Regular Operating Expenses, Travel,

Motor Vehicle Equipment Purchases,

Publications and Printing, Per Diem

and Fees, Equipment Purchases, and

Computer Charges .. _______ ...... ____ ._. $

Medical Scholarships

.....

.... ......$

Regents Scholarships ........ ....... ._ .... . $

Grants to Junior Colleges ...... ... .. . ___ . $

Total Funds Budgeted" _______________ .... $

State Funds Budgeted ....

$

Total Positions Budgeted

914,500 345,000 200,000 2,839,000 5,959,900 5,957,500
112

Budget Unit Object Classes:

Personal Services __ _

_

$

Regular Operating Expenses, Travel,

Motor Vehicle Equipment Purchases,

Publications and Printing, Per Diem

and Fees, Equipment Purchases, and

Computer Charges

_.

$

Medical Scholarships

$

Regents Scholarships ...... .... . ..........

$

Grants to Junior Colleges

...... ___ _..$

1,601,400
914,500 345,000 200,000 2,839,000

C. Budget Unit: Ancillary Institutions

$ 20,259,541

1. Marine Resources Extension Center Budget:

Personal Services . ..

$

Regular Operating Expenses, Travel,

Motor Vehicle Equipment Purchases,

Publications and Printing, Per Diem

and Fees, Equipment Purchases, and

Computer Charges

___________ .......$

Total Funds Budgeted

_____ . . .. $

State Funds Budgeted ___________

$

Total Positions Budgeted

224,000
93,000 317,000 317,000
24

2. Skidaway Institute of Oceanography Budget:

Personal Services _ ______ ______ ... .

$

Regular Operating Expenses, Travel,

Motor Vehicle Equipment Purchases,

Publications and Printing, Per Diem

and Fees, Equipment Purchases, and

Computer Charges ................

$

Total Funds Budgeted

.................... $

State Funds Budgeted _______________ ..

$

Total Positions Budgeted

711,000
575,000 1,280,000
523,000 36

3. Engineering Experiment Station Budget:

Personal Services .......

_________ ...........$

6,274,800

TUESDAY, FEBRUARY 19, 1974

1703

Regular Operating Expenses, Travel,

Motor Vehicle Equipment Purchases,

Publications and Printing, Per Diem

and Fees, Equipment Purchases, and

Computer Charges ...........

$

Total Funds Budgeted

.... $

State Funds Budgeted

.. $

Total Positions Budgeted

1,994,200 8,269,000 2,094,000
208

4. Engineering Extension Division Budget:

Personal Services ....

.

...... $

Regular Operating Expenses, Travel,

Motor Vehicle Equipment Purchases,

Publications and Printing, Per Diem

and Fees, Equipment Purchases, and

Computer Charges ....................... ........ $

Total Funds Budgeted ................_............_.......$

State Funds Budgeted . ........... .. .. ....... $

Total Positions Budgeted

628,000
236,000 864,000 314,500
61

5. Agricultural Experiment Stations Budget:

Personal Services

.................. ..........$

Regular Operating Expenses, Travel,

Motor Vehicle Equipment Purchases,

Publications and Printing, Per Diem

and Fees, Equipment Purchases, and

Computer Charges

. .. . .

.$

Total Funds Budgeted . ... .......... ........... ...... $

State Funds Budgeted

......._._.$

Total Positions Budgeted

9,518,976
4,602,024 14,121,000 9,071,000
788

6. Cooperative Extension Service Budget:

Personal Services ............... ........... $ 13,079,624

Regular Operating Expenses, Travel,

Motor Vehicle Equipment Purchases,

Publications and Printing, Per Diem

and Fees, Equipment Purchases, and

Computer Charges ........ __._._.___.____._.__.__..$ 2,386,072

Total Funds Budgeted

..$ 15,465,696

State Funds Budgeted . . . .. ...... $ 7,940,041

Total Positions Budgeted

941

Budget Unit Object Classes:

Personal Services . .

......... . $

Regular Operating Expenses, Travel,

Motor Vehicle Equipment Purchases,

Publications and Printing, Per Diem

and Fees, Equipment Purchases, and

Computer Charges ......................................$

30,436,400 9,886,296

D. Budget Unit: Eugene Talmadge Memorial Hospital _...... .............. ......_ .. . . . ... $ 10,184,000

1704

JOURNAL OF THE SENATE,

Talmadge Memorial Hospital Budget:
Personal Services ____________________________ ______$ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ....... .............. ..............$ Total Funds Budgeted'..... ........... _________$ State Funds Budgeted ........ ............ . ______ ._ $ Total Positions Budgeted

13,084,000
5,200,000 18,284,000 10,184,000
1,711

Budget Unit Object Classes:

Personal Services __ _________________ _ .. . ...... $

Regular Operating Expenses, Travel,

Motor Vehicle Equipment Purchases,

Publications and Printing, Per Diem

and Fees, Equipment Purchases, and

Computer Charges ____ _ ____ _______

$

13,084,000 5,200,000

Section 32. Department of Revenue. Budget Unit: Department of Revenue _ ____ __$ 22,149,339

1. Executive Administration Budget:

Personal Services _____________ __________ .......$

Regular Operating Expenses . _ ........... $

Travel _ __________________________ ________ _____ _ _ $

Motor Vehicle Equipment Purchases ........ $

Publications and Printing _ ... _ _____

$

Equipment Purchases . ......

.......... $

Per Diem and Fees

.___

_ _____

$

Computer Charges __________ _______

........$

Total Funds Budgeted ______ _________ ........ if

State Funds Budgeted __________

________ . $

Total Positions Budgeted

2. Internal Administration Budget:

Personal Services ....... _____ .. .. .........$

Regular Operating Expenses

. ... .. . $

Travel _ ____________ ____________ ____________ _ ... $

Motor Vehicle Equipment Purchases .. .. ... $

Publications and Printing __ _ ________ __ _ $

Equipment Purchases . ___________ ...... .. $

Per Diem and Fees _____ ______ _______________ $

Computer Charges .......... . _______________

$

Total Funds Budgeted ________ .....................$

State Funds Budgeted .... _______ _ .......$

Total Positions Budgeted

876,208 602,691
14,000 --0-- 194,173
1,000 23,800 30,000 1,741,872 1,741,872
33
751,043 25,695
1,500 --0--
6,736 2,500 1,000 62,859 851,333 851,333
70

3. Property Tax Budget:
Personal Services ____________ __________ _____________$ Regular Operating Expenses ___.-......_.___.___.._--$

794,681 19,685

TUESDAY, FEBRUARY 19, 1974

1705

Travel .........._._......_.........._.._..._........................- $
Motor Vehicle Equipment Purchases ............ $ Publications and Printing .........................._..$ Equipment Purchases .......--.--.--------.----.$ Per Diem and Fees .............._...................---$ Computer Charges .............................. ...........$ Loans to Counties/Property
Reevaluation ........ ............. .... ..... ... $ Grants to Counties/Appraisal Staff ... -. $ Total Funds Budgeted .... . ..................._......$ State Funds Budgeted .............................. .....$ Total Positions Budgeted

64,682 17,000 82,000
3,600 45,000 1,285,000
325,000 860,000 3,496,648 3,295,648
71

In addition, there is hereby appropriated the amount of such repayment of county tax evaluation loans as may be made by such counties during the fiscal year in such amounts and for the same purpose as originally appropriated but not to exceed $201,000 in F.Y. 1975. Such amount shall be available for further tax evaluation loans to counties.

4. Sales Taxation Budget:

Personal Services ....._...._..................._......$

Regular Operating Expenses ._................ .....$

Travel .__.__ ............._._......_._...._..... ...._..........._.......$

Motor Vehicle Equipment Purchases ..... ... $

Publications and Printing . .......................... i

Equipment Purchases .......

........ .......$

Per Diem and Fees ......................... ..........$

Computer Charges ... .. . ........................... $

Total Funds Budgeted .........

............. $

State Funds Budgeted . ............ ............ $

Total Positions Budgeted

732,223 66,220
7,000 --0--
42,400 5,000
--0-- 260,875 1,113,718 1,113,718
77

5. Motor Fuel Taxation Budget:

Personal Services ............. ............................$

Regular Operating Expenses .......... . .. .....$

Travel .... .......................... ..........._..............$

Motor Vehicle Equipment Purchases _..._.__.__ $

Publications and Printing ................... ...$

Equipment Purchases ..... ..

.................. $

Per Diem and Fees .......................... .......$

Computer Charges

................................ $

Total Funds Budgeted ...... ...................$

State Funds Budgeted . ................. ...........$

Total Positions Budgeted

324,990 4,490 2,500
--0-- 43,384 2,000 100 78,437 455,901 455,901 35

6. Income Taxation Budget:
Personal Services ................ ......................$ Regular Operating Expenses ......... ... ......._.$ Travel . .........._.............._......_............._.......... .. $ Motor Vehicle Equipment Purchases ...... .... $ Publications and Printing ...................... ........$

1,077,406 139,874 6,507 --0-- 178,843

1706

JOURNAL OP THE SENATE,

Equipment Purchases ......... ..........

$

Per Diem and Pees .......... ........ . ......$

Computer Charges ............ .............

$

Total Funds Budgeted .. . ............

$

State Funds Budgeted :... .......... ..

... $

Total Positions Budgeted

2,500 --0-- 1,305,192 2,710,322 2,710,322
109

7. Alcohol and Tobacco Taxation Budget:

Personal Services ............

...... . $

Regular Operating Expenses -

..$

Travel ...... .. ............. ........... ..

$

Motor Vehicle Equipment Purchases

$

Publications and Printing ......... .. ...

$

Equipment Purchases .............. -

.. $

Per Diem and Fees . . .... .

$

Computer Charges . .. ..

$

Total Funds Budgeted ..

$

State Funds Budgeted

.. .

$

Total Positions Budgeted

1,386,374 206,168 47,032 109,000 13,472 7,500 18,200 69,796
1,857,542 1,857,542
121

8. Motor Vehicle Registration Budget:

Personal Services

. . ..

$

Regular Operating Expenses

... $

Travel ............. . "

. .. ... -

$

Motor Vehicle Equipment Purchases .

$

Publications and Printing ... .. .. .

$

Equipment Purchases ...........

$

Per Diem and Fees . ........ ..

... . $

Computer Charges

. .. .

.. $

Total Funds Budgeted

....... .. $

State Funds Budgeted

$

Total Positions Budgeted

1,698,069 240,145 6,212 14,502 207,128 12,800 --0--
1,545,320 3,724,176 3,724,176
207

9. Central Audit Budget:

Personal Services ....... .......

$

Regular Operating Expenses - -

$

Travel ........... ............. ..._..._._......$

Motor Vehicle Equipment Purchases

$

Publications and Printing ............

$

Equipment Purchases - -

$

Per Diem and Fees ....

......... ...... . $

Computer Charges .. ............ ....

$

Total Funds Budgeted ...

__ _

$

State Funds Budgeted ....._... . .. .. $

Total Positions Budgeted

1,129,625 42,993 148,500
--0-- 8,000 16,000 1,000 5,000
1,351,118 1,351,118
82

10. Field Audit Services Budget:

Personal Services ..........

................. . $

Regular Operating Expenses ................. $

Travel

................. ...........

$

Motor Vehicle Equipment Purchases ..... ... $

Publications and Printing . .. ______ .......$

2,623,068 121,750 219,000 --0-- 11,918

TUESDAY, FEBRUARY 19, 1974

1707

Equipment Purchases ... . . ..

......... $

Per Diem and Fees . ..... ....... .. . .. $

Computer Charges

. .. .. .. .. ........$

Total Funds Budgeted

. .. . $

State Funds Budgeted ...... ........... . $

Total Positions Budgeted

24,573 2,000 5,000
3,007,309 3,007,309
231

11. Motor Vehicle Tag Purchases Budget:

Motor Vehicle Tag Purchases

.

$

Motor Vehicle Decal Purchases .. .. ..

$

Total Funds Budgeted . ........ .....$

State Funds Budgeted - ...... . . ...... ... $

Total Positions Budgeted .. . . .. .......... ._._.$

1,794,000 246,400
2,040,400 2,040,400
--0--

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,794,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 3,900,000 motor vehicle tags.

Any such contract may provide for partial, ad vance payment from the Department of Revenue to Georgia Correctional Industries during tag produc tion, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided the advances made are for services to be rendered within the same fiscal year.

Budget Unit Object Classes :

Personal Services ..

.... - ...... $

Regular Operating Expenses

....... $

Travel ............ ........... ..... ______ .... $

Motor Vehicle Equipment Purchases .... $

Publications and Printing . _________ ......__.$

Equipment Purchases ..... ... ... . ........$

Per Diem and Fees

_______ _______ $

Computer Charges . ....................... $

Loans to Counties/Property

Reevaluation ... __________ ....... .......$

Grants to Counties/Appraisal Staff __ . $

Motor Vehicle Tag Purchases ............ ... $

Motor Vehicle Decal Purchases .... .......$

11,393,687 1,469,711
516,933 140,502 788,054 77,473 91,100 4,647,479
325,000 860,000 1,794,000 246,400

Section 33. Secretary of State. Budget Unit: Secretary of State .......... ......$

5,631,803

1. Occupational Certification Budget:

Personal Services .....

.......... _ ________ .. $

Regular Operating Expenses . _ ------- $

Travel .

..".. .......... ........... $

Motor Vehicle Equipment Purchases

$

Publications and Printing .

..

.. $

1,026,443 371,167 135,036 --0-- 50,000

1708

JOURNAL OF THE SENATE,

Equipment Purchase- . - ______________

$

Per Diem and Fees _ __ _________ _ _

$

Computer Charges _ ....................... ... .... $

Total Funds Budgeted ________ __ _____ .. $

State Funds Budgeted ______

..

$

Total Positions Budgeted

2. Securities Regulation Budget:

Personal Services _____________

$

Regular Operating Expenses

$

Travel ... . ___________________ __ ______

$

Motor Vehicle Equipment Purchases

$

Publications and Printing _

$

Equipment Purchases .. .. .. .. . ...... . ..... $

Per Diem and Fees _ ....... . ._. ._ _______ _ . $

Computer Charges ..............

$

Total Funds Budgeted __________ . . .

$

State Funds Budgeted __ . ....

$

Total Positions Budgeted

3. Corporations Regulation Budget:

Personal Services _____________

_ __ $

Regular Operating Expenses ..... .... ... . $

Travel ________________ ___________________

$

Motor Vehicle Equipment Purchases . $

Publications and Printing _ ____ _ _ _

$

Equipment Purchases .. ..

-$

Per Diem and Fees .....

_____ _ . $

Computer Charges ______________

$

Total Funds Budgeted ......

_______ _ $

State Funds Budgeted ........ __ .

$

Total Positions Budgeted

40,000 125,000 --0-- 1,747,646 1,747,646
113
153,428 17,000 12,000 --0-- 2,000 6,000 --0-- --0-- 190,428 190,428
12
183,446 72,306
500 --0--
4,000 3,600 --0-- --0-- 263,852 263,852
20

4. Pharmacy Regulation Budget:

Personal Services _______________________

$

Regular Operating Expenses . .... .......... .. $

Travel _....................................................... . $

Motor Vehicle Equipment Purchases . . . $

Publications and Printing .. . ... ___ _____ __ _ $

Equipment Purchases ...... ..

$

Per Diem and Fees ..

....... $

Computer Charges ....

.....$

Total Funds Budgeted _

__

$

State Funds Budgeted

...... $

Total Positions Budgeted

201,291 4,700 40,680
--0-- 500 500 500
--0-- 248,171 248,171
13

5. Archives and Records Budget:

Personal Services _............................... ... $

Regular Operating Expenses ______ ._ $

Travel ________________________________________ . ... . $

Motor Vehicle Equipment Purchases

$

Publications and Printing . . .

$

957,526 126,309
6,400 3,500 23,000

TUESDAY, FEBRUARY 19, 1974

1709

Equipment Purchases .. ...... . .... . .. $ Per Diem and Pees --- ........ ...... ..... $ Computer Charges ......... .....--.. ...-- .. ----- $ Authority Lease Rentals ....... .... . ... $ Total Funds Budgeted ......... ... . . $ State Funds Budgeted ........ . .. . . . $ Total Positions Budgeted

6. General Services Budget:

Personal Services - .....

..... ... - - $

Regular Operating Expenses .. ........ - $

Travel .. ..._............ ........ ...... ...... ............ $

Motor Vehicle Equipment Purchases

$

Publications and Printing ..... ............ ......$

Equipment Purchases .. .. ....... .... ..--..... $

Per Diem and Fees .. . ......... ....... ..... - $

Computer Charges ..... .. ......... ..,,--...--... $

Total Funds Budgeted ....... ....... ......... ... $

State Funds Budgeted ...... ..... ............ .... $

Total Positions Budgeted

7. Internal Administration Budget:
Personal Services . ............... ..... ....... . $ Regular Operating Expenses ..... .. ..--. ..-- $ Travel ...... .................................... _.___....$ Motor Vehicle Equipment Purchases . .. ..... $ Publications and Printing ...._. .. .......... $ Equipment Purchases .. .. ..... ..... ....... ... $ Per Diem and Fees ..... ... .. ....... ...... .....$ Computer Charges .. ......... .. . ....... . ... $ Total Funds Budgeted - ..... ...... .. .. .. $ State Funds Budgeted .............. ...... ..._.$ Total Positions Budgeted

16,500 --0-- --0-- 815,000 1,948,235 1,948,235
89
352,370 64,000 7,000
--0-- 65,000 5,000 4,000
--0-- 497,370 497,370
31
355,455 80,700 4,000 --0-- 100,000
5,000 --0-- --0-- 545,155 545,155
27

8. Bicentennial Commission Budget:
Personal Services ................ .........._............ $ Regular Operating Expenses .. .._... ....... ...... $ Travel ................... ............... ..................... $ Motor Vehicle Equipment Purchases _ .... - $ Publications and Printing ..... . . ...... ...... $ Equipment Purchases - ...... ..... ....... ._.... .. $ Per Diem and Fees ...... ..... ........ ................ ._.$ Computer Charges .... ....--...._.-- ..._..-- .............$ Total Funds Budgeted ............ ...... ...... ....... $ State Funds Budgeted ......_..........._._.............$ Total Positions Budgeted

66,694 11,606
3,000 --0--
3,200 500
--0-- --0--
85,000 85,000
5

9. State Building Administrative Board Budget:

Personal Services ...... .........._.... ............... ......$

Regular Operating Expenses ....._................$

Travel ....

-

...... ...... .$

76,946 3,000 5,000

1710

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases ... $ Publications and Printing __._._.____.___________.____. $ Equipment Purchases .............._....................... $ Per Diem and Fees - .... ..........._.............. ...._._$ Computer Charges ...._______._...... _ ______________________ $ Total Funds Budgeted .....___._.____._..........._._.___.$ State Funds Budgeted .......... ______________---- . $ Total Positions Budgeted

--0-- 16,000 2,000 3,000
--0-- 105,946 105,946
6

Budget Unit Object Classes:
Personal Services ...................................... $ Regular Operating Expenses ............ ........$ Travel _....._._............_............. ... ....... ----_____----$ Motor Vehicle Equipment Purchases ........... $ Publications and Printing _______________ .....$ Equipment Purchases ___________________________ .$ Per Diem and Fees _____ ._ ....... ___________----$ Computer Charges _._________.___._........ . ..__..___.___.$ Authority Lease Rentals ___________________ ... ........$

3,373,599 750,788 213,616 3,500 263,700 79,100 132,500 --0-- 815,000

Section 34. State Scholarship Commission.
Budget Unit: State Scholarship Commission _______________________________________ __._____.__.$

8,728,600

1. Internal Administration Activity Budget:

Personal Services ____________________________

$

Regular Operating Expenses _ _ ................ $

Travel ____________________ ___________________________ .........$

Motor Vehicle Equipment Purchases .... $

Publications and Printing ..... ....

.....$

Equipment Purchases ...------._...... .............$

Per Diem and Fees ......... . . _ ............. .....$

Computer Charges _____________________ -----$

Total Funds Budgeted _______________ . _______ $

State Funds Budgeted . . .. .. _ . ,,.$

Total Positions Budgeted

557,600 110,447
15,500
--0-- 10,050 5,765 6,200 173,838 879,400 634,600 49

2. Higher Education Assistance Corporation Budget:
Payment of Interest _. ____ ........................... $ Total Funds Budgeted ............ ______........... ______$ State Funds Budgeted ..................... .............$ Total Positions Budgeted

296,000 296,000 296,000 --0--

3. Higher Education Assistance Authority Budget:
Direct Guaranteed Loans _ ___________---- ____$ Tuition Equalization Grants _ ............. ____ _$ State Student Incentive Scholarships _________ $ Total Funds Budgeted .................................... $

2,395,000 4,558,000 1,280,000 8,233,000

TUESDAY, FEBRUARY 19, 1974

State Funds Budgeted ....... ............

$

Total Positions Budgeted

4. Law Enforcement Personnel Dependents Scholarship Program Budget:

Law Enforcement Personnel

Dependents Scholarships ...._......... ... $

Total Funds Budgeted ____._...._......_._._______._...$

State Funds Budgeted .

......... ....$

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services ......... .

........ .. $

Regular Operating Expenses ............. ....$

Travel ... ......

...................................... $

Motor Vehicle Equipment Purchases .... .. . $

Publications and Printing

... ....... $

Equipment Purchases .......--.........

$

Per Diem and Fees .

. ............. ... $

Computer Charges .................. ................$

Payment of Interest ................

.... $

Direct Guaranteed Loans

.......... . $

Tuition Equalization Grants . .

. . .. $

State Student Incentive Scholarships

$

Law Enforcement Personnel

Dependents Scholarships ...._...... ..........$

1711
7,758,000 --0--
40,000 40,000 40,000 --0--
557,600 110,447
15,500 --0--
10,050 5,765 6,200
173,838 296,000 2,395,000 4,558,000 1,280,000
40,000

Provided, that of the above appropriated amount relative to cancellable direct loans an amount not to ex ceed $12,000 is designated and committed for the pur pose of providing stipends for training recruitment and counselor personnel in health career fields.
Provided, that of the above appropriated amount relative to direct guaranteed loans an amount not less than $1,224,000 is designated and committed for the purpose of providing loans under the guaranteed stu dent loan program to students in paramedical, pro fessional and educational fields of study which shall be repayable in cash with interest at seven percent per annum or by practice in a field and in a community or site of employment approved by the Scholarship Com mission as provided for in Ga. Laws 1965, p. 210, as amended.
Provided, that of the above appropriated amount relative to scholarships $40,000 is designated and com mitted solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law.
Provided, that from the above amount $4,558,000 is appropriated for grants and scholarships to students

1712

JOURNAL OF THE SENATE,

attending private colleges as provided in Ga. Laws 1971, p. 906.

Provided, that of the above appropriated amount relative to direct guaranteed loans, veterans shall have priority in obtaining loans as provided for by law up to the amount of $400,000.

Provided, that the above appropriated amount relative to State student incentive scholarships is desig nated and committed for the purpose of providing incentive scholarships of not more than $450 per aca demic year to students at the undergraduate level pur suant to provisions of Section 415 (A through D) of Subpart 3, Part A of Title IV of the Higher Education Act of 1965, as amended, particularly as amended by the Education Amendments of 1972 (P.L. 92-318), and pursuant to regulations prescribed by the Georgia High er Education Assistance Authority. Residents of Georgia for a period of at least twelve months immediately preceding their date of registration in a branch of the University System of Georgia, a private college or uni versity which is an approved institution under Ga. Laws 1971, p. 906, as amended, a college or university re ceiving State funds under the Junior College Act of 1958, as amended, a State-supported vocational-technical school, or in an accredited or approved nonprofit hos pital school of nursing, provided such postsecondary educational institution is located in the State of Geor gia, shall be eligible to make application for a State student incentive scholarship. Depending upon the amount of Federal or State funds available for this purpose, priority in the award of State student incen tive scholarships shall be given, first, to first-year students, second, to second-year students, third, to thirdyear students; and fourth, to undergraduate students, without regard to their field of study.

Georgia Veteran Students otherwise eligible and qualifying to receive a student incentive scholarship under this program shall have priority and be eligible to receive a scholarship without regard to their under graduate academic level or classification, provided, how ever, such priority for veterans shall only apply, to $480,000 of the funds appropriated to Student Incentive Scholarships.
Section 35. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee ----_____________-_.-._..___.___$

Soil and Water Conservation Committee Budget: Personal Services ........._.._._._._._....._.._.._._._.._......$

413,544 130,353

TUESDAY, FEBRUARY 19, 1974

Regular Operating Expenses ..... ...... .. . . $

Travel

....

..........$

Motor Vehicle Equipment Purchases ...... . $

Publications and Printing . .............. . .. . . $

Equipment Purchases .............. ......... ... $

Per Diem and Fees ............ ............... . .......$

Computer Charges ...--....... ....__...... ...... .....$

Total Funds Budgeted ....... ........ ..... $

State Funds Budgeted ...... ....... ... . .. $

Total Positions Budgeted

1713
192,236 28,700 --0--
5,355 .1,400 55,500 --0-- 413,544 413,544
10

Budget Unit Object Classes:
Personal Services ............._.._...................... $ Regular Operating Expenses . ............. . ... $ Travel ......... ........... ............. ........... $ Motor Vehicle Equipment Purchases . .. $ Publications and Printing ....... ........ ..... $ Equipment Purchases ...... . ...__._. -.____.. ...$ Per Diem and Fees . ...... .......... ...... $ Computer Charges ......... ..... . ....... ... ..... $

130,353 192,236
28,700
--0-- 5,355
1,400 55,500 --0--

Section 36. Teacher's Retirement System.
Budget Unit: Teacher's Retirement System .$
Departmental Operations Budget:
Personal Services ....... . ........ ......... $ Regular Operating Expenses _. ... ... . .... $ Travel ....... ................................ ..........$ Motor Vehicle Equipment Purchases .... $ Publications and Printing ..... ...... .....$ Equipment Purchases .............. ........ . .. $ Per Diem and Fees ....... ........... .. . $ Computer Charges ...... ...... . ... .. $ Total Funds Budgeted .... ........ ...... $ State Funds Budgeted ...... . . .. . $ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ..... ......... . ... .... $ Regular Operating Expenses ...... ..... .. $ Travel .................................. ................... ... $ Motor Vehicle Equipment Purchases .... $ Publications and Printing ..... ........... ......... $ Equipment Purchases ............ ........ ........ $ Per Diem and Fees ..... .......... . ......... ..... $ Computer Charges ..... ............ .......... ........$

--0--
431,000 42,300 14,500 --0--
9,100 9,000 178,400 131,700 816,000 --0--
37
431,000 42,300 14,500
--0-- 9,100 9,000
178,400 131,700

Section 37. Department of Transportation. Budget Unit: Department of Transportation _.$ 246,116,466

1714

JOURNAL OF THE SENATE,

1. Planning and Construction Budget:

Personal Services ... . ... ...... ......

$

Regular Operating Expenses ....

... $

Travel ..... ..

... ... ......... ..... $

Motor Vehicle Equipment Purchases

$

Publications and Printing

...

$

Equipment Purchases . .... ...... .... $

Per Diem and Fees ... .... ..... ..... ... .. $

Computer Charges ... .... ... ....

$

Capital Outlay ... ... ...

..... $

Total Funds Budgeted ... .... ... . . $

State Funds Budgeted

...

$

Total Positions Budgeted

53,574,189 6,297,915 2,680,040 --0-- 26,275 --0-- --0-- --0--
157,915,587 220,494,006 114,798,322
4,445

2. Maintenance and Betterments Budget:

Personal Services . ... ... ....

Regular Operating Expenses

Travel .... ... .... ..... .....

Motor Vehicle Equipment Purchases

Publications and Printing _

.

Equipment Purchases ....

.

Per Diem and Fees . ... .

...... .

Computer Charges . .... .... ... . .

Capital Outlay _. ....

-

Total Funds Budgeted

..

State Funds Budgeted

Total Positions Budgeted

$ 32,517,127

$ 16,134,301

$ 347.680

$ --0--

$

1,510

$ --0--

$ --0--

$ --0--

$ 11,591,280

$ 60,591,898

$ 60,591,898

4,663

3. Authorities Budget:

State of Georgia General Obligation

Debt Sinking Fund/Authority Lease

Rentals

.

.

.

Total Funds Budgeted ... .

State Funds Budgeted .

.

$ 32,474,681 $ 32,474,681 $ 32,474,681

4. Facilities and Equipment Budget:

Motor Vehicle Equipment Purchases

$

Equipment Purchases .... ... ... -.$

Capital Outlay

..... . . ..... $

Total Funds Budgeted

.

$

State Funds Budgeted

$

2,799,095 1,221,075 1,596,600 5,616,770 5,000,000

5. Assistance to Counties Budget:

Grants to Counties . Total Funds Budgeted State Funds Budgeted

..

. $ 9,317,013

... .. $ 9,317,013

$ 9,317,013

6. Tollways Facilities Budget:

Personal Services ..

.. . $

Regular Operating Expenses

$

Travel ....... ......... ..... ...... __.__.__..$

151,391 2,094,182
2,000

TUESDAY, FEBRUARY 19, 1974

1715

Motor Vehicle Equipment Purchases

$

Publications and Printing . ...... $

Equipment Purchases ...... . .. .... .... .. $

Per Diem and Fees . .. ... .....

.. $

Computer Charges ... .. .. .... $

Total Funds Budgeted . ..... ..

$

State Funds Budgeted ....

$

Total Positions Budgeted

--0-- 5,000
--0-- --0-- --0-- 2,252,573 2,252,573
10

7. Administration Budget:
Personal Services ....... ... ... ... .... $ Regular Operating Expenses ........ ... .......$ Travel .. ....... ........ ...... .... ..... ... ..... ..... $ Motor Vehicle Equipment Purchases _. . $ Publications and Printing .. ...... ... ..... .... $ Equipment Purchases . ..... .. .... ..... ....... $ Per Diem and Fees . ... ..... .... .... ..... . $ Computer Charges ............ ............ .... $ Total Funds Budgeted . .......... .... ... $ State Funds Budgeted .... ... .... . .. $ Total Positions Budgeted

5,331,069 1,911,163
346,021 --0-- 370,060 --0--
7,200 1,600,000 9,565,513 9,565,513
436

Appropriation of State funds in the foregoing De partment of Transportation budgets shall be in conform ity with and pursuant to Article VII, Section IX, Para graph 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 Fiscal Division of the Depart ment of Administrative Services in the immediately pre ceding year, less the amount of refunds, rebate and col lection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administra tive Services 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.

Provided, however, that objects for Activities fi nanced by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authority Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, Tollways Facilities and Grants to Counties, may be adjusted for any additional appro priations and/or balances appropriated and brought forward from previous years as requested by the Depart ment of Transportation and approved by the Office of Planning and Budget.

For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.

JOURNAL OF THE SENATE,
For lease rental obligations of the Department of Transportation 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 Department of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the 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 Federal Gov ernment, 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 sur veys, maintenance and improving the State HighwaySystem 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 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 Department of Transportation may add, delete and sub stitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget 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 Revenues actually paid into the Fiscal Division of the Department of Adminis trative Services and constitutionally appropriated to the Department of Transportation.
For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the "State of Georgia General Obligation Debt Sink ing Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Trans portation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically appropriated to the "State of Georgia General Obligation Debt Sinking Fund" for the specific

TUESDAY, FEBRUARY 19, 1974

1717

purpose of paying annual debt service requirements on new General Obligation debt in a?i amount not to exceed $60,000,000 in principal amount to finance a new pro gram for the construction or reconstruction of public roads and bridges. Provided, further, that in the event the Georgia State Financing and Investment Commission, for any reason, should decide not to use the General Obligation procedures established by the Constitution to finance said new program for the construction or recon struction of public roads and bridges, the same excess amount is then designated and specifically appropriated for additional Authority lease rentals to the Georgia High way Authority to permit the issuance of new Authority bonds to finance the construction or reconstruction of public roads and bridges.

For grants to counties for aid in county road con struction and maintenance. Grants shall be distributed and disbursed by the Fiscal Division of the Department of Administrative Services as provided by law.

For grants to counties for aid in county road con struction and maintenance to be distributed and disbursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage informa tion is furnished by the Department of Transportation.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Department of Transportation. At the request of the Governor or Office of Planning and Bud get or the Director of the Department of Transportation, 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.

8. Assistance to Municipalities Budget:
Grants to Municipalities Total Funds Budgeted State Funds Budgeted

$ 0,317,000 $ 9,317,000 $ 9,317,000

For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 19(55 (Ga. Laws 19(!5, p. 45@), as amended.

Provided, further, that a member of the governing authority of the municipality, designated by such au-

1718

JOURNAL OF THE SENATE,

thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Ad ministrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to deter mine the use of such funds. The expense of such audit shall be deducted from funds granted ^ such municipal ity in any future year.

Provided, further, that the above sums shall be dis tributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.
Air Tiansportation Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Per Diem and Fees Computer Charges Total Funds Budgeted State Funds Budgeted Total Positions Budgeted
10. Inter-Modal Transfer Facilities Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Pei' Diem and Fees Computer Charges Capital Outlay Total Funds Budgeted State Funds Budgeted Total Positions Budgeted
11. Harbor Maintenance Budget:
Harbor Maintenance Payments Total Funds Budgeted State Funds Budgeted
12. Pilot Bikeways Budget:
Regular Operating Expenses Capital Outlay

276,298 278,220
6,800 271,500
300 17,400
5,000 --0-- 855,518 055,518
18
243,568 537,280
16,000 --0--
14,500 6,600
--0-- --0-- 976,000 1,793,948 1,793,948
19
250,000 250,000 260,000
25,000 75,000

TUESDAY, FEBRUARY 19, 1074
Total Funds Budgeted State Funds Budgeted

1719

$

100,000

$

100,000

Budget Unit Object Classes:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Equipment Purchases

Publications and Printing

Equipment Purchases

.

Per Diem and Fees

..

Computer Charges

Capital Outlay

Grants to Municipalities

Harbor Maintenance Payments

Grants to Counties

State of Georgia General Obligation

Debt Sinking Fund/Authority Lease

Rentals

.

$ 92,093,042

$ 27,278,001

$ 3,398,541

$ 3,070,595

$ 417,045

$ 1,245,075

%

12,200

$ 1,000,000

$ 172,154,467

$ 9,317,000

$ 250,000

$ 9,317,013

$ 32,474,(!81

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air trans portation services, and for contractual expense for harbor maintenance.

Provided, that the Department of Transportation is authorized to retain such portion of its Air Trans portation service income as is required to maintain and upgrade the quality of its equipment.

Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 12-1 2'< of an individual air port project when matching both FA A and Local Funds, and 50'x of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transportation is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia.

Provided, that the entire amount of the above al location for harbor maintenance payments is designated and committed for payment for harhoi maintenance at Savannah.

Section 38. Department of Veterans Service.
Hudget Unit: Department of Veterans Service

? (i,192,489

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JOURNAL OP THE SENATE,

1. Veterans Assistance Budget:

Personal Services .. ....... ......._..... ......$

Regular Operating Expenses ... ... . .. . $

Travel.... .... ...... ........................... .... $

Motor Vehicle Equipment Purchases

$

Publications and Printing . ... . .

_.._.$

Equipment Purchases

.. .......$

Per Diem and Pees ....

. ...

... $

Computer Charges .. . . .. _. ... - .... ..$

Grants to Confederate Widows ..

. .$

Total Funds Budgeted ......

.$

State Funds Budgeted - ..... . .

$

Total Positions Budgeted

1,757,867 106,773 62,357 --0-- 20,659 12,931 7,800 --0-- 25,118
1,993,505 1,764,746
172

2. Veterans Home and Nursing Facility-- Milledgeville Budget:

Personal Services

.

$

Regular Operating Expenses

. ... $

Travel ...... .... ....... . ...... ...._........_ . ... ... ... $

Motor Vehicle Equipment Purchases

$

Publications and Printing .

$

Equipment Purchases

-

$

Per Diem and Fees

..

$

Computer Charges

.

.$

Operating Expenses/Payments to

Central State Hospital .... .. ... ..... .. . . $

Capital Outlay

$

Total Funds Budgeted

. if

State Funds Budgeted

.

$

Total Positions Budgeted

71,059 28,000
1,000 --0-- --0--
22,000 2,300 --0--
3,668,315 3,250,000 7,042,674 3,509,959
7

3. Veterans Nursing Home--Augusta Budget:

Operating Expense/Payments to

Medical College of Georgia

$

Total Funds Budgeted

.$

State Funds Budgeted

$

Total Positions Budgeted

1,605,414 1,605,414 1,217,784
--0--

Budget Unit Object Classes:

Personal Services

Regular Operating Expenses

Travel

-..

Motor Vehicle Equipment Purchases

Publications and Printing

Equipment Purchases

-

Per Diem and Fees

Computer Charges -

Grants to Confederate Widows

Operating Expense/Payments to

Central State Hospital ... .

Operating Expense/Payments to

Medical College of Georgia .

Capital Outlay

$ 1,828,920

$

134,773

$

63,357

$ --0--

$

20,659

$

34,931

$

10,100

$ --0--

$

25,118

$ 3,668,315

$ 1,605,414 $ 3,250,000

TUESDAY, FEBRUARY 19, 1974

1721

Section 39. Workmen's Compensation Board.

Budget Unit: Workmen's Compensation

Board _

. ...

.... _ . .

$ 1,494,309

Departmental Operations Budget:

Personal Services

$ 1,207,109

Regular Operating Expenses

.

$

168,800

Travel

$

26,500

Motor Vehicle Equipment Purchases

$

--0--

Publications and Printing

$

10,000

Equipment Purchases

..

_$

57,500

Per Diem and Fees

. ...

$

5,000

Computer Charges

$

19,400

Total Funds Budgeted

.. . .

$ 1,494,309

State Funds Budgeted .

.

$ 1,494,309

Total Positions Budgeted

91

Budget Unit Object Classes:

Personal Services

... .... .. ... %

Regular Operating Expenses

$

Travel

.

$

Motor Vehicle Equipment Purchases

$

Publications and Printing

$

Equipment Purchases

$

Per Diem and F?"=

$

Computer Charges

$

i,zuv,iuy 108,800 26,500 --0-- 10,000 57,500 5,000 19,400

Section 40. For the cost of implementing a cost of living increase of approximately five percent for State employees, public school teachers, University System per sonnel, school bus drivers, Georgia Building Authority em ployees, Uniform Division of Georgia State Patrol, mem bers of the Division of Investigation and county Merit System employees in the Department of Human Resources, there is hereby appropriated $45,200,000. In addition, for the cost of reducing the service requirement for voluntary retirement for State employees to 35 years and for teach ers to 30 years there is hereby appropriated $2,300,000.

Section 41. In addition to these appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No whole sale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947. p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel.

Section 42. In accordance with the requirements of

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Article VII, Section VI, Paragraph la of the Constitution 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 Ap propriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the afore said constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1074, and for each and every fiscal year thereafter, until all payments re quired under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any uther provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obli gations of the State incurred under valid lease contracts and such appropriations arc to be paid from the general funds of the State as a first charge upon General Funds.

Section 4!{. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submi*^'! to the General Assembly at the regular 1974 ses sion, except as otherwise specified in this Act: provided, how. ver, the Director of the Budget is authorized to make initrnal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would re quire operating funds or capital outlay funds beyond fiscal year 1975, and provided, further, that no funds whatso ever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Af fairs 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 report to the Appropria tions Committees of the Senate and House of Represen tatives of all instances revealed in his audit in which the expenditures by object class 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 Repoi't contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget,

TUESDAY, FEBRUARY 19, 1974
except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.
Section 44. Wherever in this Act the term "Budget Unit Object Classes" is used it shall mean that the "Bud get Classes" are determined as follows:
(a) That Personal Services shall be a Budget Class; and
(b) Regular Operating Expenses shall be a Budget Class; and
(c) Computer Charges shall be a Budget Class; and
(d) Publications and Printing shall be a Budget Class; and
(e) Travel and Per Diem and Fees and Motor Vehicle Equipment Purchases shall be a Budget Class, as determined by summing Travel, Per Diem and Fees, and Motor Vehicle Equipment Purchases; and
(f) Equipment Purchases shall be a Budget Class; and
(g) All other Budget Classes shall be as shown under the term "Budget Unit Object Classes."
Except as otherwise defined in this Section, the term "Budget Unit Object Classes" is to indicate the General Assembly's intention as to the sum reasonably expected to be required for the purposes enumerated.
Section 45. The Director of the Budget shall deter mine the appropriations contained in this Act to which the Federal Revenue Sharing Funds contemplated in this Act shall apply. It is the intent of this General Assembly, however, that to the greatest extent feasible, such Federal Revenue Sharing Funds be applied to capital outlay and other items of a nonrecurring nature.
Section 40. The Office of Planning and Budget is hereby directed 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

1723

1724

JOURNAL OF THE SENATE,

amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

TOTAL APPROPRIATIONS F. Y. 1975

$1,732,829,152.75.

Section 47. This Act shall become effective upon its approval by the Governor or upon its becoming law with out his approval.

Section 48. All laws and parts of laws in conflict with this Act are hereby repealed.

Senators Rowan of the 8th and Holloway of the 12th offered the following amendment:
Amend the committee substitute to HB 1377 by striking on Page 1, line 19, the following:
"$1,034,053,350" and inserting in lieu thereof the following:
"$1,59,3,000,000".

On the adoption of the amendment, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Carter Eldridge Garrard Herndon

Holloway Howard Jackson Rowan

Smalley Sutton Ward Webb

Those voting in the negative were Senators

Ballard Bell Broun of 40th Brown of 47th Coverdell Cox Dean Doss Duncan Fincher Gillis Hamilton Henderson

Hill Holley Hudgins Johnson Kennedv Kidd Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Salter Skene Smith Starr Stephens Thompson Tysinger Warren Wasden Young Zipperer

TUESDAY, FEBRUARY 19, 1974

1725

Those not voting were Senators:

Cleland Coggin (presiding)

Langford

Summers

On the adoption of the amendment, the ayes were 13, nays 39, and the amend ment was lost.

On the adoption of Section 1 of the committee substitute, the ayes were 48, nays 0, and Section 1 was adopted.

Senator Rowan of the 8th moved that the Senate reconsider its action in adopting Section 1 of the committee substitute.

On the motion, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Carter Coverdell Eldridge Garrard

Herndon Holloway Howard Hudgins Jackson Rowan

Starr Button Tysinger Wasden Webb Young

Those voting in the negative were Senators:

Bell Broun of 46th Brown of 47th Cox Dean Doss Duncan Fincher Gillis Hamilton Hill

Holley Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Skene Smalley Smith Stephens Thompson Ward Warren Zipperer

Those not voting were Senators:

Cleland Coggin (presiding) Henderson

Johnson Langford

Salter Summers

1726

JOURNAL OP THE SENATE,

On the motion, the ayes were 18, nays 31; the motion was lost, and Section 1 of the committee substitute was not reconsidered.

The presiding officer, Senator Cogg'in of the 35th, announced that Section 1 of the committee substitute to HB 1377 stands adopted.

On the adoption of Section 2 of the committee substitute, the ayes were 49, nays 0, and Section 2 was adopted.

On the adoption of Section 3 of the committee substitute, the ayes were 41, nays 0, and Section 3 was adopted.

On the adoption of Section 4 of the committee substitute, the ayes were 50, nays 0, and Section 4 was adopted.

On the adoption of Section 5 of the committee substitute, the ayes were 42, nays 0, and Section 5 was adopted.

On the adoption of Section 6 of the committee substitute, the ayes were 47, nays 0, and Section 6 was adopted.

On the adoption of Section 7 of the committee substitute, the ayes were 48, nays 0, and Section 7 was adopted.

On the adoption of Section 8 of the committee substitute, the ayes were 44, nays 0, and Section 8 was adopted.

On the adoption of Section 9 of the committee substitute, the ayes were 46, nays 0, and Section 9 was adopted.

On the adoption of Section 10 of the committee substitute, the ayes were 41, nays 0, and Section 10 was adopted.

On the adoption of Section 11 of the committee substitute, the ayes were 51, nays 0, and Section 11 was adopted.

TUESDAY, FEBRUARY 19, 1974

1727

Senator Carter of the 14th offered the following amendment:

Amend the committee substitute to HB 1377 by striking on Page 23, line 22, the figure $3,947,100 and inserting in lieu thereof

"$3,311,100".

On the adoption of the amendment Senator Coggin of the 35th, who was pre siding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Carter

Holloway Smalley

Webb Young

Those voting in the negative were Senators:

Ballard Barker Bell Brown of 47th Cleland Coverdell Cox Dean Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon

Hill Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Zipperer

Those not voting were Senators:

Coggin (presiding) Doss

Skene

Summers

On the adoption of the amendment, the ayes were G, nays 46, and the amend ment was lost.
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 committee substitute, the ayes were 49, nays 0, and Section 13 was adopted.

1728

JOURNAL OF THE SENATE,

On the adoption of Section 14 of the committee substitute, the ayes were 41, nays 0, and Section 14 was adopted.

On the adoption of Section 15 of the committee substitute, the ayes were 52, nays 0, and Section 15 was adopted.

On the adoption of Section 16 of the committee substitute, the ayes were 45, nays 0, and Section 16 was adopted.

On the adoption of Section 17 of the committee substitute, the ayes were 42, nays 0, and Section 17 was adopted.

On the adoption of Section 18 of the committee substitute, the ayes were 46, nays 0, and Section 18 was adopted.

On the adoption of Section 19 of the committee substitute, the ayes were 49, nays 0, and Section 19 was adopted.

On the adoption of Section 20 of the committee substitute, the ayes were 51, nays 0, and Section 20 was adopted.

On the adoption of Section 21 of the committee substitute, the ayes were 43, nays 0, and Section 21 was adopted.
On the adoption of Section 22 of the committee substitute, the ayes were 49, nays 0, and Section 22 was adopted.
On the adoption of Section 23 of the committee substitute, the ayes were 51, nays 0, and Section 23 was adopted.
On the adoption of Section 24 of the committee substitute, the ayes were 46, nays 0, and Section 24 was adopted.
On the adoption of Section 25 of the committee substitute, the ayes were 41, nays 0, and Section 25 was adopted.
On the adoption of Section 26 of the committee substitute, the ayes were 48, nays 0, and Section 26 was adopted.

TUESDAY, FEBRUARY 19, 1974

1729

On the adoption of Section 27 of the committee substitute, the ayes were 47, nays 0, and Section 27 was adopted.

On the adoption of Section 28 of the committee substitute, the ayes were 44, nays 0, and Section 28 was adopted.

On the adoption of Section 29 of the committee substitute, the ayes were 41, nays 0, and Section 29 was adopted.

On the adoption of Section 30 of the committee substitute the ayes were 49, nays 0, and Section 30 was adopted.

On the adoption of Section 31 of the committee substitute, the ayes were 51, nays 0, and Section 31 was adopted.

On the adoption of Section 32 of the committee substitute, the ayes were 45, nays 0, and Section 32 was adopted.

On the adoption of Section 33 of the committee substitute, the ayes were 43, nays 0, and Section 33 was adopted.

On the adoption of Section 34 of the committee substitute, the ayes were 49, nays 0, and Section 34 was adopted.
On the adoption of Section 35 of the committee substitute, the ayes were 44, nays 0, and Section 35 was adopted.
On the adoption of Section 36 of the committee substitute, the ayes were 46, nays 0, and Section 36 was adopted.
On the adoption of Section 37 of the committee substitute, the ayes were 41, nays 0, and Section 37 was adopted.
On the adoption of Section 38 of the committee substitute, the ayes were 48, nays 0, and Section 38 was adopted.
On the adoption of Section 39 of the committee substitute the ayes were 50, nays 0, and Section 39 was adopted.

1730

JOURNAL OF THE SENATE,

On the adoption of Section 40 of the committee substitute, the ayes were 43, nays 0, and Section 40 was adopted.

On the adoption of Section 41 of the committee substitute, the ayes were 47, nays 0, and Section 41 was adopted.

On the adoption of Section 42 of the committee substitute, the ayes were 46, nays 0, and Section 42 was adopted.

On the adoption of Section 43 of the committee substitute, the ayes were 41, nays 0, and Section 43 was adopted.

On the adoption of Section 44 of the committee substitute, the ayes were 47, nays 0, and Section 44 was adopted.

On the adoption of Section 45 of the committee substitute, the ayes were 44, nays 0, and Section 45 was adopted.

On the adoption of Section 46 of the committee substitute, the ayes were 47, nays 0, and Section 46 was adopted.

On the adoption of Section 47 of the committee substitute, the ayes were 52, nays 0, and Section 47 was adopted.

On the adoption of Section 48 of the committee substitute, the ayes were 42, nays 0, and Section 48 was adopted.

On the adoption of the committee substitute, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Cox Dean Doss

Duncan Fincher Gillis Hamilton Henderson Hill Holley Howard

Hudgins Jackson Johnson Kennedy Kidd Langford Lester London

McDuffie McGill Moore Overby Parker

TUESDAY, FEBRUARY 19, 1974

1731

Reynolds Riley Salter Smith Starr

Stephens Thompson Wasden Young Zipperer

Those voting in the negative were Senators:

Carter Cleland Coverdell Eldridge Garrard

Herndon Holloway Rowan Smalley Sutton

Those not voting were Senators:

Coggin (presiding)

Skene

Tysinger Ward Warren Webb
Summers

On the adoption of the substitute, the ayes were 39, nays 14, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by suiibbcsHtitfunttpe, wwaass; aatgrrrpeperd) ttoo.

The bill, involving appropriation of money, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Coverdell Cox Dean Doss Duncan Fincher Garrard Gillis Hamilton Henderson

Hill Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overbv

Parker Reynolds Riley Salter Smith Starr Stephens Thompson Tysinger Ward Warren Wasden YoungZipperer

1732

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Carter Cleland Eldridge

Herndon Holloway Rowan

Smalley Sutton Webb

Those not voting were Senators:

Coggin (presiding)

Skene

Summers

On the passage of the bill, the ayes were 44, nays 9.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kennedy of the 4th moved that HB 1377 be immediately transmitted to the House.

On the motion, the ayes were 37, nays 0; the motion prevailed, and HB 1377 was immediately transmitted to the House.

Senator Gillis of the 20th resumed the Chair.

The following general bills of the House, favorably reported by the committee, were read the third time, and put upon their passage:

HB 1603. By Messrs. Smith of the 74th, Smith of the 42nd and Adams of the 36th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide that a replacement certificate of title, rather than a duplicate certificate of title, will be issued when the original has been lost, stolen, mutilated, or destroyed, or becomes illegible.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

TUESDAY, FEBRUARY 19, 1974

1733

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher
Garrard Hamilton

Herndon Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd
Langford Lester London McDuffie McGill Moore Overbv

Parker Reynolds Riley Rowan Salter Skene Smalley Smith Stephens Sutton Thompson
Ward Warren Wasden Webb Young

Those not voting were Senators:

Cleland Gillis (presiding) Henderson

Holley Starr Summers

Tysinger Zipperer

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1604. By Messrs. Smith of the 74th, Smith of the 42nd and Adams of the 36th:
A bill to amend the "Motor Vehicle Certificate of Title Act", so as to eliminate the necessity of furnishing a non-negotiable copy of a certificate of title.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox

1734
Doss Duncan Eldridge Pincher Garrard Hamilton Henderson Herndon Holley Holloway Howard Hudgins Jackson

JOURNAL OF THE SENATE,

Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Parker Reynolds Rilev

Rowan Salter Skene Smith Starr Stephens Thompson Ward Warren Wasden Webb Young

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Cleland Dean Gillis (presiding)

Hill Overby Smalley

Summers Tysinger Zippei'er

On the passage of the bill, the ayes were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the followingbills of the House and Senate, to-wit:

HB 804. By Mr. Brown of the 34th:
A bill to amend an Act granting to the incorporated municipalities of this State having certain populations, certain basic powers, so as to provide additional powers of the Public Officer.

HB 1502. By Mr. Adams of the 36th:
A bill to repeal an Act authorizing the commissioners of certain counties to create a Board of Examiners of Stationary Engineers and Firemen.

TUESDAY, FEBRUARY 19, 1974

1735

HB 1523. By Mr. Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to provide that an employee may retire on a reduced pension at age fifty-five upon comple tion of twenty years of service.

HB 1605. By Mr. Irvin of the 23rd:
A bill to amend an Act creating- a new charter for the City of Roswell, so as to change the corporate limits of said city.

HB 1620. By Mr. Greer of the 43rd:
A bill to fix the salary of the Solicitor-General of the Criminal Court of Fulton Countv.

HB 1714. By Mr. Davis of the 56th:
A bill to provide for a Board of Registrations and Elections in certain counties.

HB 1762. By Mr. Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, so as to provide for a change in the functions and duties of the mayor and the City of East Point; and, to provide for the establishment and powers of a city manager.

HB 1961. By Mr. Dollar of the 63rd:
A bill to amend an Act creating a new charter for the City of Douglasville, so as to change the corporate limits of said city.

HB 1975. By Messrs. Dean of the 60th and Mason of the 59th:
A bill to amend an Act creating a new charter and municipal govern ment for the City of Buford, so as to change the provisions relative to taxation for the support and maintenance of the public school system of said city.

HB 1982. By Mr. Smith of the 42nd:
A bill to amend an Act creating a new charter and municipal government for the City of Fail-burn, so as to change the maximum penalty to be im posed by the City of Fairburn's Recorder's Court.

1736

JOURNAL OF THE SENATE,

HB 1983. By Mr. Smith of the 42nd:
A bill to amend an Act incorporating Union City, so as to change the date for holding elections for the office of Mayor and Council.

HB 1988. By Mr. Groover of the 75th:
A bill to amend an Act consolidating and codifying the various acts in corporating the City of Forsyth in the County of Monroe, so as to change the qualifications of the Recorder.

HB 1989. By Mr. Groover of the 75th: A bill to provide for the compensation of the Sheriff of Monroe County.

HB 2017. By Messrs. Brown, Coney, Pinkston, Berlin, Dickey and Evans of the 89th:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewage Authority Act", so as to extend the terms of the members of the Authority.

HB 2025. By Messrs. Coney, Brown, Berlin, Pinkston and Dickey of the 89th:
A bill to create the Macon-Bibb County Urban Development Authority; to establish said Authority as a public body corporate and politic.

HB 2037. By Mr. Dixon of the 126th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Charlton, so as to provide for a five-member board of commissioners; to provide for election posts.

HB 2051. By Mr. Triplett of the lllth:
A bill to amend an Act establishing a new charter for Garden City, so as to extend the corporate limits of said city and annex and incorporate certain additional land into said city.

HB 2059. By Mr. Ross of the 72nd:
A bill to amend an Act creating a Commissioner of Warren County, so as to change the provisions relative to the compensation of the commis sioner.

TUESDAY, FEBRUARY 19, 1974

1737

HB 2060. By Mr. Ross of the 72nd:
A bill to amend an Act providing for the compensation of the Ordinary of Warren County, so as to change the provisions relative to the compen sation of the ordinary.

HB 2061. By Mr. Ross of the 72nd: A bill to amend an Act placing the sheriff of Warren County on an annual salary, so as to provide for an automobile for the sheriff.
HB 2063. By Messrs. Miles of the 79th, Beckham of the 82nd and others: A bill to require the Board of Commissioners of Richmond County to publish certain tax information.
HB 2066. By Messrs. Sams of the 83rd and Connell of the 80th: A bill to unify the governmental and corporate functions of the City Council of Augusta with the governmental and corporate functions of Richmond County.
HB 2067. By Mr. Groover of the 75th: A bill to create a new board of commissioners of Jones County; to pro vide for the composition powers and duties of said board and for the elec tion of the members thereof.
HB 2068. By Mr. Ross of the 72nd: A bill to amend an Act placing the Clerk of the Superior Court of War ren County on an annual salary, so as to change the provisions relative to clerical assistance.
HB 2069. By Messrs. Waddle of the 98th and Moyer of the 99th: A bill to amend an Act incorporating the City of Warner Robins, so as to change the corporate limits of said city.
HB 2071. By Messrs. Sweat of the 125th and Dixon of the 126th: A bill to amend an Act creating the State Court of Ware County, so as to provide for six-man juries in said court.
HB 2072. By Mr. Sweat of the 125th: A bill to amend an Act creating a new charter for the City of Homerville, so as to change the method of registration of voters in said city.

1738

JOURNAL OF THE SENATE,

HB 2075. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act placing- certain of the officers of Ware County upon an annual salary, so as to change the compensation of the sheriff and ordinary of Ware County.

HB 2076. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the office of the tax commissioner of Ware County, so as to change the compensation of the tax commissioner.

HB 2077. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the State Court of Ware County, so as to change the compensation of the Judge and Solicitor of said court.

HB 2078. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the board of commissioners of Ware County, so as to change the compensation of the chairman of the hoard.

SB 632. By Senator Kennedy of the 4th:
A bill to amend an Act authorizing Evans County to pay the ordinary of said County a monthly allowance in addition to fees, so as to change the amount of said monthly allowance.

SB 678. By Senator Kidd of the 25th:
A bill to amend an Act placing1 the Ordinary of Wilkinson County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation allowable to the Ordinary for clerical assistants.

SB 679. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts in certain designated counties of this State, so as to change the salary of the Judge of the County Court of Baldwin County.

The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:

HR 132. By Messrs. Alexander of the 39th, Marcus of the 26th and others:
A resolution proposing an amendment to the Constitution so as to au thorize the Board of Education of the City of Atlanta to execute leases

TUESDAY, FEBRUARY 19, 1974

1739

for land, buildings of facilities used for school or education purposes, for a term of up to 20 years without a referendum or election and without compliance with any other provisions of this Constitution or of any law of this State.

HR 659. By Mr. Harris of the 51st:
A resolution proposing an amendment to the Constitution so as to au thorize the County of DeKalb to issue bonds for lawful public purposes without an election under certain conditions.

HR 671. By Messrs. Brown and Carlisle of the 67th:
A resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Fayette County School District who is 62 years of age or over shall be exempt from all ad valorem taxa tion for education purposes levied for and in behalf of such school sys tem.

HR 685. By Messrs. Coney, Brown, Berlin, Pinkston, Evans and Dickey of the 89th:
A resolution proposing an amendment to the Constitution so as to permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, directly, or through the Macon-Bibb County Urban Development Authority, for the purposes of altering properties within Bibb County.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 668. By Senator McGill of the 24th:
A bill to provide for the sale or disposal of abandoned animals; to pro vide for definitions; to provide for notices; to provide for liens; to pro vide for sales and the disposition of proceeds of such sales; to provide for practice and procedure; to exempt certain persons from certain liabilities connected with the disposal of abandoned animals.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 667. By Senators Holley of the 22nd and Lester of the 23rd:
A bill to amend an Act known as the "Augusta-Richmond County Coliseum Authority Act", approved April 17, 1973 (Ga. Laws 1973, p.

1740

JOURNAL OF THE SENATE,
3042), so as to redefine the word "Project"; to further define the purpose of the Authority.

The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 669. By Senator McGill of the 24th:
A bill to amend Code Chapter 84-15, known as the "Georgia Veterinary Practice Act", as amended, so as to change the compensation of members of the Board of Veterinary Medicine; to define the powers of the Board of Veterinary Medicine; to provide that conviction of a felony or crime involving moral turpitude shall constitute grounds for disciplinary sanc tion; to provide for definitions.

The following general bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HB 1658. By Mr. Murphy of the 18th and others:
A bill to provide State assistance for planned growth and development in the State; to provide a short title; to amend an Act known as the "Executive Reorganization Act of 1972", so as to prescribe the function of the Office of Planning and Budget in relation to planned growth and development; to provide the powers and duties of the Office of Plan ning and Budget in carrying out such functions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Eldridge Garrard

Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson

Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

TUESDAY, FEBRUARY 19, 1974

1741

Reynolds Riley Rowan Salter Skene Smalley

Smith Starr Stephens Sutton Thompson

Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Doss.

Those not voting were Senators:

Barker Cleland Dean

Duncan Fincher Gillis (presiding)

Summers Tysinger Ward

On the passage of the bill, the ayes were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed.
Senator Holley of the 22nd moved that the following bill of the House be with drawn from the Committee on Temperance and recommitted to the Committee on Banking and Finance:
HB 1415. By Messrs. Atherton of the 19th and Duke and Nix of the 20th: A bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, so as to provide for an excise tax which shall be imposed on malt beverages by municipalities and counties; to provide for a reporting system for the payment of such excise taxes on the sale of malt beverages.
On the motion, the ayes were 33, nays 0; the motion prevailed, and HB 1415 was withdrawn from the Committee on Temperance and recommitted to the Com mittee on Banking and Finance.
The following general bills and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:
HB 1428. By Messrs. Northcutt of the 68th and Wheeler of the 13th: A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia and providing for a retirement system for the sheriffs of Georgia, so as to provide for the payment of death benefits to members of such fund and member sheriffs receiving retirement benefits from such fund.

1742

JOURNAL OF THE SENATE,

The following fiscal notes, as required by law, were read by the Secretary:
TOWERS, PERRIN, FORSTER & CROSBY, INC. 3400 Peachtree Road, N.E. Atlanta Ga. 30326 Tel. 261-7820
January 23 1974
Mr. Flynt Langford Secretary/ Treasurer Sheriff's Retirement Fund of Georgia Post Office Box 56 Griffin, Georgia 30223

Dear Mr. Langford:

RE: HOUSE BILL 1428
We have reviewed the proposed legislation--House Bill 1428--that you recently provided us.
This Bill provides for a $3,000 death benefit for all classes of mem bership in the program, whether such member is active, inactive, retired and receiving benefits or otherwise qualified to receive benefits in the future.
Using conservative actuarial assumptions we estimate the additional annual cost to provide this benefit to be $45,000. This additional annual cost is well within the capacity of the program as it is currently being funded.
In our opinion this legislation, if passed, would not adversely affect the actuarial soundness of the Sheriff's Retirement Fund of Georgia.
Sincerely,
/a/ Edward W. Maroni Edward W. Maroni, A.S.A. Principal

SHERIFFS' RETIREMENT FUND OF GEORGIA P. 0. Box 56--405 N. Expressway--Griffin, Georgia 30223
February 11, 1974
Honorable Paul D. Coverdell, Chairman Senate Retirement Committee State Capitol Atlanta, Georgia

Dear Mr. Coverdell:

RE: FISCAL NOTE HB #1428

In accordance with requirements, I am pleased to submit this Fiscal Note

TUESDAY, FEBRUARY 19, 1974

1743

concerning the above legislation. This Bill has been prepared and intro duced for the board of Commissioners of the Sheriffs' Retirement Fund.

PURPOSE OF THE BILL: To amend the Laws governing the Sheriffs' Retirement Fund of Georgia, to provide for a death payment to certain survivors of a mem ber of the Fund.

Section 1: Amending Section 19, of the now existing laws. Present pro visions provide for 100', return of the contributions of a mem ber who is deceased, payable to the surviving widow or the mem ber's estate if there is no widow. However, if retirement benefits have been paid, only return of contributions not equaled by pen sion received is returnable.

Paragraph (a) : Provides essentially the same as present law, but adds provision for the naming of a contingent beneficiary, so that the order of payment is first to surviving widow; if none, then to contingent named beneficiary; if none, then to member's estate.

Paragraph (b) : Provides for an additional lump sum payment of $3,000.00 death payment to beneficiary in order shown in Para graph (a). This payment is limited to 1) An active member 2) An inactive member who has not qualified for retirement because of age only 3) Any retirsd member. It excludes this payment to any member who might be in arrears in dues payments and any widow who might be receiving a pension.

Paragraph (c) : Gives the Board of Commissioners of the Fund the au thority to establish forms and procedure for naming beneficiaries of the death payment.

SUMMARY: This proposed legislation will actuarially affect the Fund, but the Actuary has stated that the additional annual cost is within capacity of the plan as currently funded.

I would appreciate the opportunity of meeting with your committee when you consider this legislation to answer any questions.

Sincerely yours,
/si Flynt Langford Flynt Langford, Secretary-Treasurer

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Hamilton Herndon

Hill Holley Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lester London McDuffie McGill

Overby Parker Reynolds Riley Skene Smalley Start-
Stephens Sutton Wasden Webb Young Zipperer

Voting in the negative was Senator Warren.

Those not voting were Senators:

Ballard Barker Cleland Duncan Gillis (presiding)

Henderson Jackson Moore Rowan Salter

Smith Summers Thompson Tysinger Ward

On the passage of the bill, the ayes were 40, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1584. By Mr. Ware of the 65th and others:
A bill to amend an Act creating the Georgia Higher Education Assistance Authority, so as to authorize the Authority to establish and administer a program of student incentive scholarships to provide for veterans' priority in the incentive scholarship program.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

TUESDAY, FEBRUARY 19, 1974

1745

Those voting in the affirmative were Senators:

Bell Broun of 46th Brown of 47th Carter Coverdell
Cox
Dean Doss Eldridge Garrard Hamilton Henderson Herndon

Hill Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby

Parker Riley Salter Smalley Smith Starr Sutton Warren
Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Barker Cleland Coggin Duncan Fincher

Gillis (presiding) Holley Holloway Moore Reynolds Rowan

Skene Stephens Summers Thompson Tysinger Ward

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 613. By Messrs. Connell of the 80th, Miles of the 79th and others:
A resolution relative to the State Patrol policing the State and Federal Highways located within Richmond County.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, Senator Gillis of the 20th, who was pre siding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th

Carter Coggin Coverdell Cox

Dean Doss Eldridge Fincher

1746
Garrard Hamilton Herndon Hill Holley Howard Hudgins Jackson Johnson Kennedy Kidd

JOURNAL OF THE SENATE,

Langford Lester London McDuffie McGill Overby Parker Reynolds Riley Rowan

Salter Smalley Smith Starr Summers Sutton Tysinger Warren Webb Young

Those not voting were Senators:

Barker Cleland Duncan
Gillis (presiding) Henderson

Holloway Moore Skene Stephens

Thompson Ward Wasden Zipperer

On the adoption of the resolution, the ayes were 43, 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 667. By Senators Holley of the 22nd and Lester of the 23rd:
A bill to amend an Act known as the "Augusta-Richmond County Coliseum Authority Act", approved April 17, 1973 (Ga. Laws 1973, p. 3042), so as to redefine the word "Project"; to further define the pur pose of the Authority.

The House amendment was as follows:
Amend SB 667 by adding in the title before the words "to repeal con flicting laws", the words "to provide an effective date".
2. By striking from Page 3, line 10, the word "construct" and in serting in lieu thereof the word "contract".
3. By renumbering Section 3 as Section 4.
4. By adding a new Section 3 to read as follows:

TUESDAY, FEBRUARY 19, 1974

1747

"Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."

5. By adding a new Section 5 to read as follows:

"Section 5. A copy of notice of intention to apply for this local legislation and an affidavit or certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all of the requirements of the Constitution of Georgia relating to the publication of notice of intention to apply for passage of this local legislation have been complied with for the enactment of this law."

Senator Holley of the 22nd moved that the Senate agree to the House amendment to SB 667.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the House amendment to SB 667 was agreed to.
The following general bill of the House, favorably reported by the committee and recommitted to Committee on Appropriations on January 15, 1974, was favorably reported, read the third time and put upon its passage:
HB 336. By Mr. Bostick of the 123rd: A bill to amend certain laws relating to the appointment and the salary of the Supervisor of Purchases, so that said laws will contain no provision for a salary or additions to salary for the Supervisor of Purchases.
The Committee on Appropriations offered the following amendment:
Amend HB 336 by inserting after the word "System" on Page 3, line 1, the following:
"Provided, however, that only the Governor shall exercise the election to place the position of Director of the Division of Pur chasing and Supplies under the classified service of the Merit Sys tem and provided that the Governor shall not exercise said election for a period of one year after the effective date of this Act."
On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

1748

JOURNAL OF THE SENATE,

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Broun of 46th Brown of 47th Carter Coggin Coverdell
Cox
Dean Doss Eldridge Fincher Garrard Hamilton Hollev

Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby
Parker

Reynolds Rowan Salter Smalley Smith Starr Sutton Thompson Tysinger Ward Warren Webb Zipperer

Those not voting were Senators:

Ballard Barker Cleland Duncan Gillis (presiding) Henderson

Herndon Hill Holloway Moore Riley

Skene Stephens Summers Wasden Young

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 general bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HB 1104. By Mr. Cole of the 6th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to require dealers found to be delinquent or otherwise in default under the Act to furnish a good and valid bond in a surety company.

TUESDAY, FEBRUARY 19, 1974

1749

The Committee on Banking and Finance offered the following amendment:

Amend HB 1104 by striking on Page 2, line 14, the date "April 1, 1974" and inserting in lieu thereof the date "January 1, 1975".

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Coggin Coverdell Cox Dean Doss Duncan Fincher Garrard Hamilton Henderson

Hill Holley Holloway Howard Hudgins Johnson Kennedy Kidd Langford Lcster London McDuffie McGill Overby Parker

Reynolds Riley Salter Smalley Smith ' StartStephens Summers Thompson Tysinger Ward Warren Wasden Webb Young

Those voting in the negative were Senators:

Eldridge

Rowan

Those not voting were Senators:

Carter Cleland Gillis (presiding)

Herndon Jackson Moore

Sutton
Skene Zipperer

On the passage of the bill, the ayes were 45, nays 3.

The bill, having received the requisite constitutional majority, was passed as amended.

1750

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following bill of the House, to-wit:

HB 1377. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975.

The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

HB 1891. By Messrs. Smith and Adams of the 74th and Tucker of the 69th:
A bill to add one additional judge of the Superior Courts of the Flint Judicial Circuit of Georgia; to provide for the election and term of office of said judge.

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 1377. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st: A bill to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975.

Senator Coggin of the 35th moved that the Senate insist upon its substitute to HB 1377.

On the motion, the ayes were 32, nays 4; the motion prevailed, and the Senate substitute to HB 1377 was insisted upon.

The following general bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

TUESDAY, FEBRUARY 19, 1974

1751

HB 1303. By Mr. Levitas of the 50th:
A bill to amend an Act known as "The Municipal Home Rule Act of 1965", so as to change the provisions relative to fixing the compensation of members of the governing authorities of municipalities.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton Henderson Herndon Hill

Holley Holloway Howard Jackson Kennedv Kidd Langford Lester London McDuffic McGill Overby Parker Reynolds Riley Rowan

Salter Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators :

Ballard Broun of 46th Cleland

Coggin Gillis (presiding) Hudgins

Johnson Moore Skene

On the passage of the bill, the ayes were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1535. By Messrs. Phillips of the 103rd, Dorminy of the 115th, Russell of the 62nd and others:
A bill to amend an Act creating the Georgia Forestry Commission, so as to authorize the Georgia Forestry Commission to enter upon forest-

1752

JOURNAL OP THE SENATE,
lands for the purpose of determining if an infestation or infection exists in the trees.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Garrard Hamilton Herndon

Hill Holley Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Reynolds

Riley Skene Smith Starr Stephens Summers Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Holloway

Rowan

Sutton

Those not voting were Senators:

Cleland Duncan Fincher

Gillis (presiding) Henderson Johnson

Moore Salter Smalley

On the passage of the bill, the ayes were 44, nays 3.

The bill, having received the requisite constitutional majority, was passed.

HB 1615. By Mr. Howell of the 118th: A bill to amend Code Section 34-1002A relating to presidential pref-

TUESDAY, FEBRUARY 19, 1974

1753

erence primary dates, so as to establish a procedure for the selection of that date upon which presidential preference primaries shall be held.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Gillis of the 20th, who was presiding;, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th
Carter Coggin Coverdell Cox Dean Doss Eldridge Fincher Hamilton Henderson

Herndon Hill Holley Hudgins Jackson Johnson Kennedy Kidd Langford London McDuffie McGill Overby Parker
Reynolds

Riley Rowan Salter Smith Start-
Stephens Button Thompson Ward Warren Wasden Webb Young Zipperer

Voting in the negative were Senators Howard and Tysinger.

Those not voting were Senators:

Cleland Duncan Garrard Gillis (presiding)

Holloway Lester Moore

Skene Smalley Summers

On the passage of the bill, the ayes were 44, nays 2.

The bill, having- received the requisite constitutional majority, was passed.

SB 425. By Senator Johnson of the 38th:
A bill to add two additional judges of the superior court to each judicial circuit in counties having a certain population; to provide for the ap pointment of the first such additional judges by the Governor.

1754

JOURNAL OF THE SENATE,

The Senate Committee on Judiciary offered the following substitute to SB 420:

A BILL

To be entitled an Act to add two additional judges of the superior court to the Atlanta Judicial Circuit; to provide for the election of the first such additional judges; to provide for the election of successors to the judges initially elected; to prescribe the powers of said judges; to prescribe the compensation, salary, and expense allowance of each said judge to be paid by the State of Georgia and the county comprising said circuit; to require cac'i candidate for such judgeships to designate the place for which he is running; to authorize the governing authority of the county comprising said judicial circuit to provide courtrooms, facilities, jury rooms, chambers, office space, supplies, equipment and personnel for said judges; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945, two additional judges of the superior court are hereby added to the Atlanta Judicial Circuit.

Section 2. Each additional judge provided by this Act shall be elected in a manner provided by law for the election of judges of the superior courts of this State at the general election in November, 19T4, for a term of eight years beginning on the first day of January, 1975, and until his successor shall be elected and qualified. Future successors shall be elected at the general election each eight years thereafter for terms of eight years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner hereafter provided by law for the election of judges of superior courts of this State.

Section 3. Every person who offers for nomination and election as one of the judges of the superior court for said judicial circuit shall designate with the proper authority in all primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed and there upon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by an nouncing his intension to run for the office for which there is no in cumbent.

Section 4. Said additional judges of the superior courts for said judicial circuit shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the supe rior courts of this State. Any of the judges of said circuit may preside over any cause, whether in their own or in other circuits, and perform

TUESDAY, FEBRUARY 19, 1974

1756

any official act as judge thereof, including sitting on appellate courts as provided by law.

Section 5. The qualifications of said additional judges and their successors shall be the same as are now provided by law for all other superior court judges, and their compensation, salary, and expense al lowance from the State of Georgia and from the county of said circuit shall be the same as that of the other judges of the superior court of said judicial circuit. The salary supplements heretofore enacted by the county of said circuit for the present judge shall also be applicable to the addi tional judges provided for by this Act.

Section 6. All writs and processes in the superior court of said judicial circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law.

Section 7. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of said judicial circuit may bear teste in the name of any judge of said judicial circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof.

Section 8. The governing authority of the county comprising said judicial circuit is hereby authorized to furnish the judges of said court with suitable courtrooms, jury rooms, chambers and facilities, office space, telephones, furniture, office equipment, supplies and such person nel as may be considered necessary to the proper functioning of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Coverdell of the 40th moved that SB 425 be tabled.

On the motion, the ayes were 37, nays 13; the motion prevailed, and SB 42!) was tabled.

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 on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House, to-\\it:

1756

JOURNAL OF THE SENATE,

HB 1377. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975.

The Speaker has appointed as a committee of conference on the part of the House the following members thereof: Messrs. Floyd of the 5th, Busbee of the 114th and Harris of the 8th.

The following general bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HB 974. By Messrs. Duke of the 20th, Howard of the 19th and Nix of the 20th:
A bill to declare and give effect to a public interest in setting apart one day of the week as a common day of rest and for other activities bene ficial to the public welfare.

The Senate Committee on Business, Trade and Commerce offered the followingsubstitute to HB 974:
A BILL
To be entitled an Act to limit the doing of business on both the two consecutive days of Saturday and Sunday; to provide for a declaration of policy; to provide for definitions; to provide for penalties; to provide for injunctive relief; to make accommodations for those occupations doing business on the two consecutive days of Saturday and Sunday so that the workers in those occupations may enjoy the benefits of the two rest days; to provide for local referenda whereby a county may remove itself from the provisions of this Act; to provide for referenda whereby a county which has removed itself from the provisions of this Act may be subject to the provisions of this Act; to provide for severability; to provide a short title; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
RE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The purpose of this Act is to promote the health, recrea tion, welfare, repose and religious liberty of each individual of this State. The provisions of this Act are not designed to be discriminatory in any way or to any group, but rather to provide the public with neces sary benefits and services at all time, while at the same time protecting the lawful humanitarian, social, and religious rights of each individual.
Section 2. For the purposes of this Act:

TUESDAY, FEBRUARY 19, 1974

1757

(a) The "two (2) consecutive days of Saturday and Sunday" shall mean the time between midnight on Friday and midnight on Saturday and from midnight on Saturday to midnight on Sunday.

(b) "Two rest days" means the time between midnight on Friday and midnight on Saturday and from midnight on Saturday to midnight on Sunday.

Section 3. Any person operating a business who, on both the two (2) consecutive days of Saturday and Sunday, sells, offers for sale, or shall compel, force or oblige his employees to sell any item, except those businesses, activities and items exempted from the provisions of this Act, shall be guilty of a misdemeanor. Each item illegally sold shall constitute a separate offense.

Section 4. In the first offense under this Act, the punishment shall be a minimum fine of one hundred dollars ($100.00). For the second and subsequent offenses the fine shall be a minimum of five hundred dollars ($500.00).

Section 5. The operation of any business, with certain necessary exemptions as set out in this Act, by any individual, partnership or corporation on both the two (2) consecutive days of Saturday and Sun day is hereby declared to be a public nuisance. In addition to other penalties and remedies provided for in this Act or which may otherwise exist under the laws of this State, the district attorney of the county or any persons or group of persons is authorized to bring an equitable proceeding to enjoin any individual, partnership or corporation from operating any business, with certain necessary exceptions provided for herein, on both the two (2) consecutive days of Saturday and Sunday.

Section 6. Any business or industry, which operates on either of the two rest days (Saturday or Sunday) and employs those whose habitual day of worship has been chosen by the employer as a day of work, shall make all reasonable accommodations to the religious, social and physical needs of such employees so that those employees may enjoy the same benefits as employees in other occupations.

Section 7. The prohibitions of this Act are not applicable to a person, nonprofit organization or nonprofit corporation if its activity is conducted solely for charitable or religious purposes.

Section 8. The prohibitions of this Act are not applicable to any federal, State, county, municipal or other local government department or agency in the conduct of its official duties, nor to the employees there of in the discharge of their official employment.

Section 9. (a) The prohibitions of this Act are not applicable to the following businesses and activities or to the employees thereof:

(1) restaurants, cafeterias, bakeries or other prepared food service facilities;

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(2) hotels, motels, and other lodging facilities;

(3) hospitals and nursing homes;

(4) dispensaries of drugs, medicines, toiletries and health needs; provided that areas of any store being utilized for the sale of goods not allowed by this Act shall be closed on one of such consecutive days;

(5) ambulance and burial services;

(6) generation and distribution of electric power;

(7) distribution of gas, oil and other fuels;

(8) telephone, telegraph and messenger services;

(9) public transportation services, including taxi and limousine services;

(10) water, air and land transportation services and attendant terminal facilities;

(11) public communications, including newspapers, television, radio and other news media;

(12) automobile service stations;

(13) manufacturing plants and processing operations;

(14) heating, refrigeration and cooling services;

(15) ice manufacturing and distribution which are related solely to any of the activities in subparagraphs (1) through (13) ;

(16) repair and maintenance services for equipment and machinery which are related solely to any of the activities in subparagraphs (1) through (15);

(17) florist services and horticultural services;

(18) plant and industrial protection services;

(19) repair or replacement parts and other equipment or acces sories necessary to, and safety devices intended for, safe and efficient operation of land vehicles, boats and aircraft;

(20) emergency plumbing, heating, cooling and electrical repair and replacement parts and equipment;
(21) libraries;

TUESDAY, FEBRUARY 19, 1974

1759

(22) educational lectures, forums and exhibits;

(23) motion pictures, theatrical and musical performances;

(24) athletic and sporting events;

(25) parks, beaches and recreational facilities (golf courses, swim ming pools, etc.) ;

(26) scenic, historic and tourist attractions;

(27) amusement centers, fairs, zoos and museums;

(28) farmers' markets;

(29) grocery stores and other stores or businesses which primarily sell unprepared food products, toiletries and health needs; provided that areas of any store being utilized for the sale of goods not allowed by this Act shall be closed on one of such consecutive days;

(30) the sale of newspapers, magazines and tobacco products;

(31) the sale of cooking, heating and lighting fuel;

(32) the sale of gasoline, fuel additives, lubricants and antifreeze;

(33) the sale of tires, tubes and tire repair materials;

(34) the sale of drugs, medical and surgical supplies, or any other items purchased on the written prescription of a licensed medical practi tioner for the treatment of a patient; and

(35) the sale and lease of real estate; and

(36) the sale of home repair material, equipment, supplies and accessories.

(b) The provisions of this Act shall not affect other operations, businesses or activity which, by other provisions of law, are prohibited, permitted or regulated on Sunday.

Section 10. The provisions of this Act are not applicable to and shall not prohibit:

(a) casual transactions between persons, none of whom are thereby carrying on a business or business transactions;

(b) agricultural operations such as farming, animal and poultry husbandry, forestry and allied activity.

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(c) The conduct of the businesses and activities referred to in Sec tions 7, 8 and 9 of this Act.

Section 11. (a) Any county of this State may be exempt from the provisions of this Act by approving such exemption at a referendum election on the question as hereinafter provided.

(b) Such referendum shall be initiated by a resolution passed by a majority of the county governing authority or by a petition signed by l5'/r of the registered voters of the county based on the number of registered voters at the immediately preceding general election. Such resolution or petition shall be filed in the office of the person or board charged with conducting elections of such a county. No such petition shall be filed, however, unless there is attached thereto a certificate ex ecuted by the registrar or deputy registrar having charge of voter's registration in the county certifying that the names appearing on said petition have been verified by comparison with the list of qualified reg istered voters maintained by him and that the names appearing thereon constitute a sufficient number for the referendum election as provided herein. Such certificate shall be furnished by said registrar or deputy registrar within 30 days from the date such petition is presented to him for certification. After such resolution or petition, as the case may be, has been so filed, it shall be the duty of the person or board charged with conducting election to issue the call for a referendum election, and the date of such referendum election shall be set for the same date as the general election next following the filing of such resolution or peti tion. The person or board charged with conducting elections shall issue the call for such referendum election at least 30 days but not more than 45 days prior to the date thereof. The person or board charged with conducting elections shall cause the date and purpose of such election to be published in the official organ of the county at least twice before such election. The ballots for such election shall have written or printed thereon the following:

"( ) YES Shall the County of (insert county) be exempt ( ) NO from the provisions of 'The Common Day of Rest Act of 1974'?"

All persons desiring to vote in favor of being exempt from said Act shall vote "Yes", and those persons desiring to vote against being exempt from said Act shall vote "No". If more than one-half of the votes cast on such question are for being exempt from said Act, said Act shall not apply within the county, otherwise said Act shall remain in full force and effect within the county. The expense of such election shall be borne by the county. It shall be the duty of the person or board charged with conducting elections 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 his further duty to canvass the returns and to certify the result thereof to the Secretary of State.

(c) Any county which has exempted itself from the provisions of this Act may subsequently become subject to the provisions of this Act in the same manner that such county became exempt from the provisions

TUESDAY, FEBRUARY 19, 1974

1761

of this Act, and the provisions of this Section shall apply to any such county wishing to become subject to the provisions of this Act, except that when the referendum election is held for such purpose, the ballot for such election shall have written or printed thereon the following:

"( ) YES Shall the County of (insert county) be subject ( ) NO to the provisions of 'The Common Day of Rest Act of 1974' ?"

In any such referendum election, all persons desiring to vote in favor of being subject to the provisions of said Act shall vote "Yes", and those persons desiring to vote against being subject to the provisions of said Act shall vote "No". If more than one-half of the votes cast on such question are for being subject to the provisions of said Act, said Act shall apply within such county, otherwise said Act shall continue to be inapplicable within such county.

Section 12. 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 13. This Act may be known and may be cited as "The Common Day of Rest Act of 1974."

Section 14. Code Section 26-9908, relating to violating the Sabbath Day, is hereby repealed in its entirety.

Section 15. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary or board of elections of each county of this State to issue the call for an election for the purpose of submitting the question of this Act becoming effective in each such county to the voters of each such county. The Ordinary or board of elections shall set the date of such election for No vember 5, 1974. The Ordinary or board of elections shall issue the call for such elections at least 30 days but not more than 45 days prior to the date thereof. The Ordinary or board of elections shall cause the date and purpose of the election to be published once a week for two weeks immediately proceeding the date thereof, in the official organ of the respective county. The ballot shall have written or printed thereon the words:
"( ) YES Shall the County of (insert name of County) be exempt from the provisions of 'The Common Day
( ) NO of Rest Act of 1974' ?"
The voters of each county desiring to vote in favor of exempting said

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county from the provisions of said Act shall vote "Yes", and those voters of each county desiring to vote against exemption from the provisions of said Act shall vote "No". In each county in which more than one-half of the votes cast on such question are for such exemption, The Common Day of Rest Act shall not be applicable. In each county in which more than one-half of the votes cast on such question are not for such exemption, The Common Day of Rest Act shall be of full force and effect. The expense of such election shall be borne by each county. It shall be the duty of the Ordinary or board of elections to hold and conduct such election in each county. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary or board of elections of each county to canvass the returns and declare and certify the result of the election within each county, and to certify the result thereof to the Secretary of State.
Section 16. This Act shall be effective for the purpose of holding the referendum elections provided for by Section 15 of this Act upon the ap proval of this Act by the Governor or upon its otherwise becoming law, but for all other purposes this Act shall be effective on November 5, 1974.
Section 17. 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, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Carter Coggin Coverdell Cox Dean Duncan Pincher Garrard Henderson Hill

Holley Holloway Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie Parker

Riley Salter Smith Starr Stephens Summers Button Thompson Tysinger Ward Wasden Young

TUESDAY, FEBRUARY 19, 1974

Those voting in the negative were Senators:

Ballard Brown of 47th Eldridge Howard

Overby Reynolds Rowan Skene

Smalley Warren Webb Zipperer

Those not voting were Senators:

Cleland Doss Gillis (presiding)

Hamilton Herndon

McGill Moore

1763

On the passage of the bill, the ayes were 37, nays 12.

The bill, having received the requisite constitutional majority, was passed bv substitute.
Senator Henderson of the 33rd moved that HB 974 be immediately transmitted to the House.
On the motion, the ayes were 33, nays 1; the motion prevailed, and HB 974 was immediately transmitted to the House.
Senator Starr of the 44th resumed the Chair.
The following general bill of the Senate, defeated on February 11 and re considered on February 12, was put upon its passage:

SB 554. By Senator Smith of the 34th:
A bill to amend Code Section 26-2001, relating to the crime of rape, so as to provide that when a person shall be convicted of rape and the punishment imposed shall not be death, such person shall also be sentenced to the surgical removal of his testicles.

Senator Smith of the 34th offered the following substitute to SB 554:
A BILL
To be entitled an Act to amend Code Section 26-2001, relating to the crime of rape, so as to provide that when a person shall be convicted

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of the second offense of rape and the punishment imposed shall not be death, such person shall also be sentenced to the surgical removal of his testicles if the rape was committed under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 26-2001, relating to the crime of rape, is hereby amended by adding at the end thereof the following:
"When a person shall be convicted of the second offense of rape and if the jury shall find that the circumstances of the rape were outrageously or wantonly vile, horrible or inhuman in that the rape involved torture, depravity of mind, or an aggravated battery to the victim, and the punishment imposed shall not be death, such person shall also be sentenced to the surgical removal of his testicles.",
so that when so amended, said Code Section shall read as follows:
"26-2001. Rape. A person commits rape when he has carnal knowledge of a female, forcibly and against her will. Carnal knowl edge 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 death or by imprisonment for life, or by imprison ment for not less than one nor more than 20 years. No conviction shall be had for rape on the unsupported testimony of the female. When a person shall be convicted of the second offense of rape and if the jury shall find that the circumstances of the rape were out rageously or wantonly vile, horrible or inhuman in that the rape involved torture, depravity of mind, or an aggravated battery to the victim, and punishment imposed shall not be death, such person shall also be sentenced to the surgical removal of his testicles."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, Senator Smalley of the 28th called for the ayes and nays, and the call was sustained.

Senator Starr of the 44th who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Coggin Coverdell Doss

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1765

Duncan Eldridge Fincher Gillis Hamilton Henderson Herndon Hill Holloway Hudgins Kennedy

Kidd Langford Lester McGill Parker Reynolds Riley Rowan Salter Skene

Smith Summers Button Thompson Tysinger Warren Wasden Webb Young
Zipperer

Those voting in the negative were Senators:

Cox Garrard Howard

Jackson Johnson Overby

Smalley Ward

Those not voting were Senators:

Cleland Dean Holley

London McDuffie Moore

Starr (presiding) Stephens

On the adoption of the substitute, the ayes were 40, nays 8, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill was agreed to by substitute.

On the passage of the bill, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Coggin Doss Duncan Fincher Gillis Henderson Hill Hudgins

Kennedy Kidd Langford Lester McDuffie McGill Parker Reynolds Riley

Salter Smith Sutton Thompson Warren Wasden Young Zipperer

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Ballard Barker Brown of 47th Carter Coverdell Cox Eldridge Garrard

Hamilton Herndon Holloway Howard Jackson Johnson Overby

Rowan Skene Smalley Summers Tysinger Ward Webb

Those not voting were Senators:

Broun of 46th Cleland Dean

Holley London Moore

Starr (presiding) Stephens

On the passage of the bill, the ayes were 26, nays 22.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1377. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975.

Senator Coggin of the 35th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.

On the motion, the ayes were 29, nays 2; the motion prevailed, and the Senate substitute to HB 1377 was adhered to.

The presiding officer, Senator Starr of the 44th, appointed as a Conference Committee on the part of the Senate the following:
Senators Coggin of the 35th, Gillis of the 20th and Holley of the 22nd.

The following general bill and resolution of the Senate, favorably reported by the committees were read the third time and put upon their passage:

TUESDAY, FEBRUARY 19, 1974

1767

SB 716. By Senators Young of the 13th, Zipperer of the 3rd, Moore of the 56th and others:
A bill to amend Code Section 32-111, providing for the compensation and expenses for members of the Board of Regents, as amended, so as to change the provisions relating to compensation and expenses of members of the Board of Regents; to change the maximum number of days for which a member may receive expenses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Broun of 47th Carter Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Henderson Hill Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Summers Button Thompson Tysinger Ward Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Coggin Gillis Herndon

Holley Holloway London Moore

Smith Starr (presiding) Stephens Warren

On the passage of the bill, the ayes were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Wasden of the 2nd moved that SB 716 be immediately transmitted to the House.

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On the motion, the ayes were 32, nays 0; the motion prevailed, and SB 716 was immediately transmitted to the House.

SR 379. By Senator Kidd of the 25th:
A resolution authorizing the exchange of a leasehold interest held by the Department of Natural Resources in certain real property in Bald win County, Georgia, for a fee simple interest in certain other real property located in Baldwin County, Georgia.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Broun of 47th Coverdell Cox Dean Doss Eldridge Fincher Garrard Hamilton Henderson

Hill Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie Overby Parker Riley

Rowan Salter Skene Smalley Stephens Summers Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Carter Cleland Coggin Duncan Gillis

Herndon Holley Holloway McGill Moore

Reynolds Smith Starr (presiding) Thompson

On the adoption of the resolution, the ayes were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, FEBRUARY 19, 1974

1769

Senator Kidd of the 25th moved that SR 379 be immediately transmitted to the House.

On the motion, the ayes were 31, nays 0; the motion prevailed, and SR 379 was immediately transmitted to the House.

Senator Johnson of the 38th moved that the following bill of the Senate be removed from the table.

SB 425. By Senator Johnson of the 38th:
A bill to add two additional judges of the superior court to each judicial circuit in counties having a certain population; to provide for the appointment of the first such additional judges by the Governor.

On the motion, the ayes were 18, nays 15; the motion prevailed, and SB 425 was removed from the table.

Senator Johnson of the 38th moved that SB 425 be postponed for fifteen minutes.

On the motion, the ayes were 31, nays 0; the motion prevailed, and SB 425 was postponed for fifteen minutes.

The President resumed 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 677. By Senators Garrard of the 37th and Rowan of the 8th:
A bill to regulate the practice of marriage and family counseling in the State of Georgia; to provide for a short title; to provide for declaration of purpose; to define certain terms; to provide for a Georgia Marriage and Family Counselor Licensing Board, the appointment of its members and its powers and duties; to authorize certain representations and activities.

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Broun of 46th Brown of 47th Carter Coverdell Cox Dean Eldridge Pincher Garrard Hamilton Henderson Herndon Hill

Holloway Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie Overby Parker Riley

Rowan Salter Smalley Starr Stephens Summers Sutton Thompson Tysinger Ward Wasden Webb Zipperer

Those not voting were Senators:

Ballard Barker Cleland Coggin Doss Duncan

Gillis Holley Howard McGill Moore

Reynolds Skene Smith Warren Young

On the passage of the bill, the ayes were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Garrard of the 37th moved that SB 677 be immediately transmitted to the House.

On the motion, the ayes were 43, nays 0; the motion prevailed, and SB 677 was immediately transmitted to the House.

HB 1339. By Mrs. Hamilton of the 31st:
A bill to amend Code Chapter 34-16A, relating to penalties for violations of the Georgia Municipal Election Code, so as to make it a misdemeanor to knowingly make any false statement in connection with filing a notice of candidacy.

TUESDAY, FEBRUARY 19, 1974

1771

Senator Ward of the 39th offered the following substitute to HB 1339:

A BILL

To be entitled an Act to amend Code Chapter 34-19, relating to penalties for violations of the "Georgia Election Code", as amended, so as to make it a misdemeanor to knowingly make any false statement in connection with filing a notice of candidacy; to provide for a penalty; to amend Code Chapter 34A-16, relating to penalties for violations of the "Georgia Municipal Election Code", so as to make it a misdemeanor to knowingly make any false statement in connection with filing a notice of candidacy; to provide for a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Chapter 34-19, relating to penalties for violations of the "Georgia Election Code", as amended, is hereby amended by adding a new Code Section between Code Sections 34-1901 and 34-1902, to be designated Code Section 34-1901.1, and to read as follows:

"Section 34-1901.1. False statements in connection with notices of candidacy.-- (a) Any person knowingly making any false state ment in connection with filing a notice of candidacy under the provisions of Code Section 34-1002, as now or hereafter amended, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

(b) The solicitor of any state court, or the district attorney of the judicial circuit wherein the county lies, if no state court exists, of any county shall furnish all investigative personnel and facilities to the Secretary of State or the ordinary, as to case may be, as needed to determine the accuracy and correctness of all facts set forth in all notices of candidacy filed pursuant to Code Section 34-1002 and shall commence prosecution of any person when it ap pears that a violation of this Code Section has occurred.

(c) Where proper venue of any such prosecution would be in another county, the solicitor or district attorney whose office con ducted the investigation shall forward all evidence and other data to the solicitor or district attorney of the county where venue is proper, and prosecution shall be commenced by such official."

Section 2. Code Chapter 34A-16, relating to penalties for violations of the "Georgia Municipal E'ection Code", is hereby amended by adding a new Code Section at the end thereof, to be designated Code Section 34A-1602, and to read as follows:

"Section 34A-1602. False statements.-- (a) Any person know ingly making any false statement in connection with filing a notice of candidacy under the provisions of Code Section 34A-901, as now or hereafter amended, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

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(b) The solicitor of any state court, or the district attorney if no state court exists, of the county in which all or the greater portion of any municipality is situated shall furnish all investigative personnel and facilities to the election superintendent as needed to determine the accuracy and correctness of all facts set forth in all notices of candidacy filed for a municipal election and shall commence prosecution of any person when it appears that a violation of this Code Section has occurred.

(c) Where proper venue of any such prosecution would be in another county, the solicitor or district attorney whose office con ducted the investigation shall forward all evidence and other data to the solicitor or district attorney of the county where venue is proper, and prosecution shall be commenced by such official."

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 33, 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Dean Doss Eldridge Garrard Hamilton Henderson Herndon

Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Riley

Rowan Salter Skene Smalley Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

TUESDAY, FEBRUARY 19, 1974

1773

Those not voting were Senators:

Barker Coggin Duncan Fincher

Gillis Hill Holley Moore

Reynolds Smith Summers

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1331. By Messrs. Smith of the 74th, Adams of the 36th, Smith of the 42nd and others:
A bill to prescribe speed restrictions for any street, roadway or highway of this State; to provide for racing on roads; to provide a penalty in connection therewith.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland Cox Dean Eldridge Fincher Hamilton Hill

Holloway Hudgins Jackson Johnson Kennedy Kidd London McDuffie McGill Moore Overby Reynolds

Riley Rowan Skene Starr Sutton Thompson Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Coverdell Doss Garrard

Herndon Howard Langford

Parker Smalley Smith

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Those not voting were Senators:

Broun of 46th Coggin Duncan Gillis

Henderson Holley Lester Salter

Stephens Summers Tysinger

On the passage of the bill, the ayes were 36, nays 9.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate, having been postponed for fifteen minutes, was put upon its passage:

SB 425. By Senator Johnson of the 38th:
A bill to add two additional judges of the superior court to each judicial circuit in counties having a certain population; to provide for the appointment of the first such additional judges by the Governor.

The Senate Committee on Judiciary offered the following substitute to SB 425:
A BILL
To be entitled an Act to add two additional judges of the superior court to the Atlanta Judicial Circuit; to provide for the election of the first such additional judges; to provide for the election of successors to the judges initially elected; to prescribe the powers of said judges; to prescribe the compensation, salary, and expense allowance of each said judge to be paid by the State of Georgia and the county comprising said circuit; to require each candidate for such judgeships to designate the place for which he is running; to authorize the governing authority of the county comprising said judicial circuit to provide courtrooms, facilities, jury rooms, chambers, office space, supplies, equipment and personnel for said judges; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945, two additional judges of the superior court are hereby added to the Atlanta Judicial Circuit.
Section 2. Each additional judge provided by this Act shall be elected in a manner provided by law for the election of judges of the superior courts of this State at the general election in November, 1974,

TUESDAY, FEBRUARY 19, 1974

1775

for a term of eight years beginning on the first day of January, 1975, and until his successor shall be elected and qualified. Future successors shall be elected at the general election each eight years thereafter for terms of eight years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner hereafter provided by law for the election of judges of superior courts of this State.
Section 3. Every person who offers for nomination and election as one of the judges of the superior court for said judicial circuit shall designate with the proper authority in all primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed and there upon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent.
Section 4. Said additional judges of the superior courts for said judicial circuit shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Any of the judges of ssid circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
Section 5. The qualifications of said additional judges and their successors shall be the same as are now provided by law for all other superior court judges, and their compensation, salary, and expense allowance from the State of Georgia and from the county of said circuit shall be the same as that of the other judges of the superior court of said judicial circuit. The salary supplements heretofore enacted by the county of said circuit for the present judge shall also be applicable to the additional judges provided for by this Act.

Section 6. All writs and processes in the superior court of said judicial circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law.

Section 7. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of said judicial circuit may bear teste in the name of any judge of said judicial circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof.

Section 8. The governing authority of the county comprising said judicial circuit is hereby authorized to furnish the judges of said court with suitable courtrooms, jury rooms, chambers and facilities, office space, telephones, furniture, office equipment, supplies and such per-

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sonnel as may be considered necessary to the proper functioning of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, Senator Coverdell of the 40th called for the ayes and nays, and the call was sustained.

The President ordered a roll call, and the vote was as follows:

Voting in the affirmative were Senators Hill and Overby.

Those voting in the negative were Senators:

Ballard Barker Bell Brown of 47th Carter Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton Henderson

Herndon Holloway Hudgins Jackson Johnson Kennedy Kidd Langford London McDuffie Moore Parker Reynolds Riley Rowan

Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were senators:

Broun of 46th Cleland Coggin

Gillis Holley Howard

Lester McGill Summers

On the adoption of the substitute, the ayes were 2, nays 45, and the substitute was lost.

Senator Johnson of the 38th offered the following amendment:
Amend SB 425 by striking the word "two" on Page 1, line 1, and inserting in lieu thereof the word "one";
and

TUESDAY, FEBRUARY 19, 1974

1777

by striking the word "two" on Page 1, line 21, and inserting in lieu thereof the word "one";

and

by striking the letter "s" on Page 2, line 30, from the word "judges";

and

by striking the letter "s" Page 3, line 8, from the word "judges".

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, by substitute, was agreed to as amended.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cox Dean Doss Eldridge Henderson Hill Holloway

Hudgins Jackson Johnson Kennedy Kidd Langford London McDuffie Moore
Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Starr Stephens Thompson Ward Webb
Young Zipperer

Those voting in the negative were Senators:

Coverdell Duncan Garrard Hamilton

Herndon Smith Sutton

Tysinger Warren Wasden

Those not voting were Senators:

Broun of 46th Cleland Coggin Fincher

Gillis Holley Howard

Lester McGill Summers

1778

JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 36, nays 10.

The bill, having- received the requisite constitutional majority, was passed as amended.

Senator Johnson of the 38th moved that SB 425 be immediately transmitted to the House.

On the motion, the ayes were 26, nays 3; the motion prevailed, and SB 425 was immediately transmitted to the House.

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 1829. By Messrs. Bohannon and Patterson of the 64th: A bill to amend Code Section 88-1725, relating to fees for copies of searches of vital statistics, so as to provide that no charge shall be made for searches of records maintained by the Department of Human Resources.
The following bills and resolutions of the House were read the first time and referred to committees:

HB 1011. By Mr. Atherton of the 19th:
A bill to authorize counties and certain municipalities to levy a local income tax; to provide for the administration and collection of such taxes.
Referred to Committee on Banking and Finance.

HB 1891. By Messrs. Tucker of the 69th, Smith and Adams of the 74th and Groover of the 75th:
A bill to add one additional judge of the Superior Courts of the Flint Judicial Circuit of Georgia; to provide for the election and term of office of said judge.
Referred to Committee on Special Judiciary.

TUESDAY, FEBRUARY 19, 1974

1779

HB 1829. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend Code Section 88-1725, relating to fees for copies of searches of vital statistics, so as to provide that no charge shall be made for searches of records maintained by the Department of Human Resources.
Referred to Committee on Health and Welfare.

HB 804. By Mr. Brown of the 34th:
A bill to amend an Act granting to the incorporated municipalities of this State having certain populations (population of more than 300,000) certain basic powers, so as to provide additional powers of the Public Officer.
Referred to Committee on County and Urban Affairs.

HB 1502. By Mr. Adams of the 36th:
A bill to repeal an Act authorizing the commissioners of certain counties to create a Board of Examiners of Stationary Engineers and Firemen (Georgia Laws 1910, p. 112).
Referred to Committee on County and Urban Affairs.

HB 1523. By Mr. Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to provide that an employee may retire on a reduced pension at age fifty-five upon com pletion of twenty years of service.
Referred to Committee on County and Urban Affairs.

HB 1605. By Mr. Irvin of the 23rd:
A bill to amend an Act creating a new charter for the City of Roswell, so as to change the corporate limits of said city.
Referred to Committee on Countv and Urban Affairs.

HB 1620. By Mr. Greer of the 43rd:
A bill to fix the salary of the Solicitor-General of the Criminal Court of Fulton County.
Referred to Committee on Countv and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1714. By Mr. Davis of the 56th:
A bill to provide for a Board of Registrations and Elections in certain counties (population not less than 250,000 and not more than 500,000).
Referred to Committee on County and Urban Affairs.

HB 1762. By Mr. Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, so as to provide for a change in the functions and duties of the mayor and the City of East Point; and, to provide for the establishment and powers of a city manager.
Referred to Committee on County and Urban Affairs.

HB 1961. By Mr. Dollar of the 63rd:
A bill to amend an Act creating a new charter for the City of Douglasville, so as to change the corporate limits of said city.
Referred to Committee on County and Urban Affairs.

HB 1975. By Messrs. Dean of the 60th and Mason of the 59th:
A bill to amend an Act creating a new charter and municipal govern ment for the City of Buford, so as to change the provisions relative to taxation for the support and maintenance of the public school system of said city.
Referred to Committee on Countv and Urban Affairs.

HB 1982. By Mr. Smith of the 42nd:
A bill to amend an Act creating a new charter and municipal govern ment for the City of Fairburn, so as to change the maximum penalty to be imposed by the City of Fairburn's Recorder's Court.
Referred to Committee on Countv and Urban Affairs.

HB 1983. By Mr. Smith of the 42nd:
A bill to amend an Act incorporating Union City, so as to change the date for holding elections for the office of Mayor and Council.
Referred to Committee on County and Urban Affairs.

HB 1988. By Mr. Groover of the 75th: A bill to amend an Act consolidating and codifying the various acts

TUESDAY, FEBRUARY 19, 1974

1781

incorporating the City of Forsyth in the county of Monroe, so as to change the qualifications of the Recorder.
Referred to Committee on County and Urban Affairs.

HB 1989. By Mr. Groover of the 75th: A bill to provide for the compensation of the Sheriff of Monroe County.
Referred to Committee on County and Urban Affairs.

HB 2017. By Messrs. Brown, Coney, Pinkston, Berlin, Dickey and Evans of the 89th:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewage Authority Act", so as to extend the terms of the members of the Authority.
Referred to Committee on County and Urban Affairs.

HB 2025. By Messrs. Coney, Brown, Berlin, Pinkston and Dickey of the 89th:
A bill to create the Macon-Bibb County Urban Development Authority; to establish said Authority as a public body corporate and politic.
Referred to Committee on County and Urban Affairs.

HB 2037. By Mr. Dixon of the 126th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Charlton, so as to provide for a five-member board of commissioners; to provide for election posts.
Referred to Committee on County and Urban Affairs.

HB 2051. By Mr. Triplett of the lllth:
A bill to amend an Act establishing a new charter for Garden City, so as to extend the corporate limits of said city and annex and incorporate certain additional land into said city.
Referred to Committee on County and Urban Affairs.

HB 2059. By Mr. Ross of the 72nd:
A bill to amend an Act creating a Commissioner of Warren County, so as to change the provisions relative to the compensation of the commissioner.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 2060. By Mr. Ross of the 72nd:
A bill to amend an Act providing- for the compensation of the Ordinary of Warren County, so as to change the provisions relative to the com pensation of the ordinary.
Referred to Committee on County and Urban Affairs.

HB 2061. By Mr. Ross of the 72nd:
A bill to amend an Act placing1 the sheriff of Warren County on an annual salary, so as to provide for an automobile for the sheriff.
Referred to Committee on County and Urban Affairs.

HB 2063. By Messrs. Miles of the 79th, Beckham of the 82nd, Mulherin of the 81st, and others:
A bill to require the Board of Commissioners of Richmond County to publish certain tax information.
Referred to Committee on County and Urban Affairs.

HB 2066. By Messrs. Sams of the 83rd and Connell of the 80th:
A bill to unify the governmental and corporate functions of the City Council of Augusta with the governmental and corporate functions of Richmond County.
Referred to Committee on County and Urban Affairs.

HB 2067. By Mr. Croover of the 75th:
A bill to create a new board of commissioners of Jones County; to pro vide for the composition, powers and duties of said board and for the election of the members thereof.
Referred to Committee on County and Urban Affairs.

HB 2068. By Mr. Ross of the 72nd: A bill to amend an Act placing' the Clerk of the Superior Court of Warren County on an annual salary, so as to change the provisions relative to clerical assistance.
Referred to Committee on County and Urban Affairs.
HB 2069. By Messrs. Waddle of the 98th and Moyer of the 99th: A bill to amend an Act incorporating1 the City of Warner Robins, so as to change the corporate limits of said city.
Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 19, 1974

1783

HB 2071. By Messrs. Sweat of the 125th and Dixon of the 126th:
A bill to amend an Act creating the State Court of Ware County, so as to provide for six-man juries in said court.
Referred to Committee on County and Urban Affairs.

HB 2072. By Mr. Sweat of the 125th:
A bill to amend an Act creating a new charter for the City of Homerville, so as to change the method of registration of voters in said city.
Referred to Committee on County and Urban Affairs.

HB 2073. By Messrs. Russell of the 53rd, Horton of the 50th, Farrar of the 52nd and others:
A bill to amend an Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), so as to provide for an additional assistant solicitor of said Court.
Referred to Committee on County and Urhan Affairs.

HB 2075. By Messrs. Dixon of the 120th and Sweat of the 125th:
A bill to amend an Act placing certain of the county officers of Ware County upon an annual salary, so as to change the compensation of the sheriff and ordinary of Ware County.
Referred to Committee on County and Urban Affairs.

HB 2076. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the office of tax commissioner of Ware County, so as to change the compensation of the tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 2077. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the State Court of Ware County, so as to change the compensation of the Judge and the Solicitor of said court.
Referred to Committee on County and Urban Affairs.

HB 2078. By Messrs. Dixon of the 120th and Sweat of the 125th:
A bill to amend an Act creating the board of commissioners of Ware County, so as to change the compensation of the chairman of the board.
Referred to Committee on County and Urban Affairs.

1784

JOURNAL OF THE SENATE,

HR 132. By Messrs. Alexander of the 39th, Marcus of the 26th, Mrs. Hamilton of the 31st, and others:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Education of the City of Atlanta, to execute leases for land, buildings or facilities used for school or education purposes, for a term of up to 20 years without a referendum or election and without compliance with any other provisions of this Constitution or of any law of this State.
Referred to Committee on County and Urban Affairs.

HR 659. By Mr. Harris of the 51st:
A resolution proposing an amendment to the Constitution so as to authorize the County of DeKalb to issue bonds for lawful public purposes without an election under certain conditions.
Referred to Committee on County and Urban Affairs.

HR 671. By Messrs. Brown and Carlisle of the 67th:
A resolution proposing- an amendment to the Constitution so as to provide that the homestead of each resident of the Fayette County School District who is 62 years of age or over and who has an income from all sources, including the income of all members of the family residing within said homestead, not exceeding $6,000 per annum, shall be exempt from all ad valorem taxation for education purposes levied for and in behalf of such school system.
Referred to Committee on County and Urban Affairs.

HR 685. By Messrs. Coney, Brown, Berlin, Pinkston, Evans and Dickey of the 89th:
A resolution proposing an amendment to the Constitution so as to permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, properties, monies, and services directly, or through the Macon-Bibb County Urban Develop ment Authority, for the purposes of acquiring, constructing improving, altering, repairing and maintaining properties within Bibb County, so as to develop and redevelop urban, central city and downtown areas located within the County of Bibb.
Referred to Committee on County and Urban Affairs.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:

TUESDAY, FEBRUARY 19, 1974

1785

HR 713. By Mr. Connell of the 80th and others:
A resolution endorsing the establishment of a Georgia Hall of Fame at Augusta, Georgia.

The following resolutions of the Senate were read and adopted:

SR 407. By Senator Coggin of the 35th: A resolution commending Mr. Ray Moore.
SR 409. By Senator Brown of the 47th: A resolution commending the Stephens County High School Baseball Team.
At 5:10 o'clock P. M. the President announced the Senate would stand in recess until 6:30 o'clock P. M.

At 6:30 o'clock P. M. the President called the Senate to order.

The following resolution of the House was read the first time and referred to a committee:

HR 713. By Mr. Connell of the 80th and others:
A resolution endorsing the establishment of a Georgia Hall of Fame at Augusta, Georgia.
Referred to Committee on Rules.

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 Senate and House and has instructed me, as Chairman, to report the same hack to the Senate with the following recom mendations:
HB 255. Do not pass.
HB 995. Do pass.

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JOURNAL OF THE SENATE,

HB 1317. Do pass. HB 1012. Do pass. SB 684. Do pass. HB 1512. Do pass. HB 750. Do pass by substitute. HB 1464. Do pass. HB 806. Do pass by substitute. HR 230. Do pass as amended.

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 Bunking and Finance lias had under consideration the following bills of the House and lias instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1448. Do pass. HB 1031. Do pass. HB 1610. Do pass. HB 1495. Do pass. HB 409. Do pass. HB 1705. Do pass. HB 1841. Do pass. HIS 1349. Do pass. HB 1465. Do pass. HB 1476. Do pass.
Respectfully submitted, llolley of 22nd District, Chairman.

TUESDAY, FEBRUARY 19, 1974

1787

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following- report:

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following- bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 447. Do pass as amended.
HB 196.3. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
IIB 1517. Do pass. HB 1585. Do pass. HB 1607. Do pass. HB KifiS. Do pass. HB 1772. Do pass. HB 1812. Do pass as amended. HB 1840. Do pass. HB 1879. Do pass as amended. HB 1882. Do pass. HB 1909. Do pass. HB 1910. Do pass. HB 1911. Do pass. HB 1912. Do pass. HB 1948. Do pass. HB 1957. Do pass. HB I960. Do pass. HB 1972. Do pass.

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JOURNAL OF THE SENATE,

HB 1999. Do pass. HB 2015. Do pass as amended. HB 2039. Do pass. HB 2040. Do pass. HB 2041. Do pass. HB 2043. Do pass. HB 2044. Do pass. HB 2045. Do pass. HB 2046. Do pass. HB 2047. Do pass. HB 2048. Do pass. HB 2049. Do pass. HB 2050. Do pass. HB 2054. Do pass. HB 2055. Do pass. HB 205G. Do pass. HB 2057. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following- recommendations:
HR 513. Do pass. HR 689. Do pass. HR 693. Do pass. HR 694. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

TUESDAY, FEBRUARY 19, 1974

1789

Senator Kidd of the 25th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 406. Do pass. HB 438. Do pass. HB 840. Do pass. HB 1192. Do pass. HB 1330. Do pass. HB 1505. Do pass. HB 1507. Do pass. HB 1508. Do pass. HB 1509. Do pass. HB 1616. Do pass by substitute. HB 1851. Do pass. HB 1900. Do pass. HR 488. Do pass.

Respectfully submitted, Kidd of 25th District, Chairman.

Senator Starr of the 44th District, Chairman of the Committee on Elementary and Secondary Education, submitted the following report:
Mr. President:
Your Committee on Elementary and Secondary Education has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1887. Do pass.
Respectfully submitted, Starr of 44th District, Chairman.

1790

JOURNAL OF THE SENATE,

Senator Johnson of the 38th 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 recommendation:
HB 205. Do pass by substitute.

Respectfully submitted, Johnson of 38th District, Chairman.

Senator Johnson of the 38th District, Chairman of the Committee on Judiciary, submitted the following1 report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 709. Do pass.
Respectfully submitted, Johnson of 38th District, Chairman.

Senator Kennedy of the 4th District, Chairman of the Committee on Penal and Correctional Affairs, submitted the following report:
Mr. President:
Your Committee on Penal and Correctional Affairs has had under considera tion the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1626. Do pass.
Respectfully submitted, Kennedy of 4th District, Chairman.

TUESDAY, FEBRUARY 19, 1974

1791

Senator Dean of the 6th District, Chairman of the Committee on Natural Resources and Environmnetal Quality, submitted the following report:

Mr. President:
Your Committee on Natural Resources and Environmental Quality 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 recommenda tions:
HB 1446. Do pass.
HB 1534. Do pass.
HB 1731. Do pass.
HB 1735. Do pass.

Respectfully submitted, Dean of 6th District, Chairman.

Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the follow ing bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1639. Do pass.
Respectfully submitted, Cox of 21st District, Chairman.

Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the follow ing bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1599. Do pass.

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JOURNAL OF THE SENATE,

HB 1842. Do pass.

Respectfully submitted, Cox of the 21st District, Chairman.

Senator Stephens of the 36th District, Chairman of the Committee on Temperance, submitted the following- report:
Mr. President:
Your Committee on Temperance has had under consideration the followingbills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1849. Do pass. HB 1848. Do pass.
Respectfully submitted, Stephens of 36th District, Chairman.

Senator Stephens of the 36th District, Chairman of the Committee on Temperance, submitted the following- report:
Mr. President:
Your Committee on Temperance has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1844. Do pass.
Respectfully submitted, Stephens of 36th District, Chairman.

Senator Stephens of the 36th District, Chairman of the Committee on Temperance, submitted the following- report:
Mr. President:
Your Committee on Temperance has had under consideration the following

TUESDAY, FEBRUARY 19, 1974

1793

bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1845. Do pass. HB 1846. Do pass.
Respectfully submitted, Stephens of 36th District, Chairman.

The following bills and resolutions of the Senate and House were read the second time:

HR 230. By Messrs. Evans of the 89th and Atherton of the 19th:
A resolution proposing an amendment to the Constitution so as to ex pand and to authorize the General Assembly to increase or reduce the purposes for which revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State.

HB 806. By Mr. Hawes of the 43rd:
A bill to authorize counties and municipalities to impose, levy and collect certain excise taxes.

HB 750. By Mr. Cole of the 6th:
A bill to authorize municipal corporations and counties to levy and impose certain excise taxes; to provide for the procedures connected therewith; to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to delete therefrom certain of the prohibitions against political subdivisions levying certain taxes.

HB 1448. By Messrs. Walker of the 100th, Snow of the 1st, Groover of the 75th and others:
A bill to authorize each municipal corporation of this State, in its discretion, to purchase liability insurance or contracts of indemnity for members of governing bodies of such municipal corporations, municipal officers and employees; to authorize such municipal corporations to defend civil and criminal actions in certain instances and to pay costs therewith.

HB 1031. By Mr. Levitas of the 50th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for the reduction of the amount due each

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JOURNAL OF THE SENATE,
local government from the collection of the tax imposed by deducting t.25'/t of the amount due for administration and collection of said tax.

HB 1610. By Mr. Levitas of the 50th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to limit the amount of retail sales and use tax proceeds that may be used to subsidize operations of the transportation system.

HB 1495. By Mr. Oxford of the 101st:
A bill to amend Code Chapter 92-40, so as to provide for a uniform determination of fair market value for county and municipal ad valorem property taxation purposes.

HB 409. By Mr. Wamble of the 120th:
A bill to require the collection and payment of certain taxes on tangible property, other than motor vehicles, in four installments annually.

HB 1349. By Mr. Lane of the 40th:
A bill to amend an Act relative to the taxation of cigars and cigarettes, so as to change the provisions relating to the seizure of property illegally held; to provide that the Commissioner of Revenue may retain certain confiscated conveyances for law enforcement use.

HB 1841. By Mr. Egan of the 25th:
A bill to amend an Act known as the "Georgia Securities Act of 1973", so as to clarify certain provisions relating to the registration of securi ties.

HB 1705. By Messrs. Triplett of the lllth, Wamble of the 120th, Groover of the 75th:
A bill to amend an Act known as the "Fiduciary Investment Company Act", so as to permit fiduciary investment companies to invest in real estate in an amount not to exceed 50 '/r of their total assets taken at market value.

HB 1465. By Messrs. Williams of the 9th, Berry of the 86th, Pearce of the 87th and others:
A bill to authorize the incorporation of a nonprofit Credit Union Deposit Insurance Corporation (hereinafter referred to as the "Corporation")

TUESDAY, FEBRUARY 19, 1974

1795

in this State; to provide for the procedures connected therewith; to provide for an appropriate investigation by the Department of Banking and Finance before articles of incorporation are approved by the De partment.

HB 1476. By Mr. Wamble of the 120th:
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 meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1974.

HB 1317. By Messrs. Jordan of the 58th and Farrar of the 52nd:
A bill to amend Code Chapter 24-27, relative to clerks of the superior courts, so as to require the clerks of the Superior courts of counties having a population of not less than 300,000 nor more than 600,000 according to the United States Decennial Census of 1970, or any future such census, to provide for notices to purchasers of certain real prop erty relative to homestead exemptions.

HB 1464. By Mr. Groover of the 75th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exclude from the terms "retail sale" and "sale at retail" as used in said Act, charges for transportation to certain private elementary and secondary schools in this State.

HB 1512. By Mr. Wamble of the 120th:
A bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to exempt from the sales and use tax levied for the sup port of the rapid transit system authorized by said Act certain transac tions.

HB 1012. By Mr. Atherton of the 19th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to authorize counties and certain municipalities to levy a local sales and use tax.

HB 995. By Mr. Brown of the 67th:
A bill to amend Code Title 56, the Georgia Insurance Code, so as to provide that accident and sickness insurance policies delivered after a certain date in this State shall provide coverage for newborn children from the moment of birth.

1796

JOURNAL OP THE SENATE,

SB 684. By Senator Skene of the 27th:
A bill to amend Code Section 56-1103, relating to deposits required for authority to transact insurance, so as to change provisions relating to which securities may be used for deposits.

HB 406. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th and others:
A bill to amend the Executive Reorganization Act of 1972, so as to provide for a quorum for the discharge of business by the Board of Public Safety.

HB 438. By Messrs. Bennett of the 124th, Patten of the 123rd, Burton of the 47th and others:
A bill to amend Code Section 34-401, relating to powers and duties of ordinaries in connection with primaries and elections, so as to provide that the superintendent shall provide certain candidates with the returns of primaries and elections by election district, for certain offices.

HB 447. By Mr. Larsen of the 27th:
A bill to authorize the governing authority of each municipality to allow bridges over, and tunnels under, any highway, street, road or public way within such municipality under certain conditions to ac commodate pedestrian traffic between private premises.

HB 840. By Mr. Edwards of the 95th:
A bill to amend an Act creating the State Building Administrative Board, so as to provide that the State Codes promulgated by the Board shall apply in certain jurisdictions.
HB 1330. By Messrs. Adams of the 36th and Smith of the 74th:
A bill to amend an Act creating a Department of Public Safety, so as to provide that whenever a member of the Department of Public Safety may suspend any officer or trooper from duty from cause pending a hearing which must be held in not more than 30 days after the suspension.

HB 1505. By Messrs. Logan of the 62nd, Morgan of the 70th, Matthews of the 62nd and others:
A bill to create the Division of Consumer Affairs in the Department of Agriculture; to provide that the Division of Consumer Affairs shall be headed by a Director who shall be appointed by and serve at the pleasure of the Commissioner of Agriculture.

TUESDAY, FEBRUARY 19, 1974

1797

HB 1507. By Messrs. Ware of the 65th, Dean of the 17th, Gignilliat of the 105th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", so as to provide that the emergency powers of the Governor shall include the power to designate any and all peace officers and law enforcement personnel to enforce the penal and criminal statutes of this State in any portion of the State which the Governor declares to be in a State of emergency or disaster.

HB 1508. By Messrs. Ware of the 65th, Gignilliat of the 105th, Dean of the 17th and others:
A bill to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, so as to authorize certain private motor vehicles to operate with flashing or revolving red lights upon certifica tion of the necessity thereof by the State Director of Civil Defense to the Department of Public Safety.

HB 1509. By Messrs. Ware of the 65th, Gignilliat of the 105th, Dean of the 17th and others:
A bill to amend an Act known as the "Interstate Civil Defense and Disaster Compact Act", so as to make the Compact applicable to searches, rescues, actions to increase capability to deal with disasters, and incidents endangering public health or safety which require special equipment, personnel or training.

HB 1616. By Mr. Harrington of the 93rd:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", so as to permit the Commissioner of the Department of Human Resources to delegate powers and authority conferred on him to employees of the. Department.

HB 1851. By Mr. Dollar of the 63rd:
A bill to amend an Act authorizing the governing authorities of the several municipalities and counties to establish separate or joint plan ning facilities, so as to require written reasoning for a decision by a governing authority which is to the contrary of the recommendation of the appropriate planning commission.

HB 1900. By Messrs. Savage of the 30th, Townsend of the 24th, and Horton of the 43rd:
A bill to amend an Act creating the Motion Picture and Television Advisory Committee within the Department of Industry and Trade, so as to repeal a specific section.

1798

JOURNAL OF THE SENATE,

HB 1963. By Messrs. Rogers and Harden of the 128th:
A bill to authorize each municipal corporation and each county of this State to enter into certain valid and binding- contracts to provide industrial waste water treatment services.

HR 488. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the Speaker Pro Tempore o fthe House shall act in case of the death, resignation or disability of the Speaker, or in the event the Speaker succeeds to the executive power; to provide for the submission of this amendment for ratification or rejection.

HB 1842. By Mr. Rainey of the 115th and others:
A bill to create the office of assistant court reporter in certain judicial circuits of this State; to provide for the appointment, powers, duties, compensation and expenses of the assistant court reporter.
HB 1626. By Mr. Jones of the 109th and others:
A bill to amend an Act which comprehensively and exhaustively revises, superseded and consolidates the laws relating to prisons, public works camps and prisoners, so as to provide for the reimbursement of counties for the cost of maintaining certain prisoners in the county jails before such prisoners are transferred to the place of confinement where the sentence is to be served.

HB 1846. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide detailed procedures for the issuance and renewal of licenses required by said Act and for the investigation of all applicants for such licenses.

HB 1599. By Mr. Russell of the 53rd and others:
A bill to authorize qualified attorneys who are on active military duty in this State and who are not otherwise eligible to practice before the courts of the State under certain conditions.

HB 1845. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide for

TUESDAY, FEBRUARY 19, 1974

1799

licenses which may be issued under the authority of such Act; to provide the fees for such licenses.

HB 205. By Mr. Alexander of the 38th:
A bill to authorize service outside the corporate limits of any city by certain city employees of certain city process, summons and other departmental documents.

HB 1844. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Uiquors", so as to provide for the authorization of distribution or sale of distilled spirits in limited con tainer sizes by certain common carriers; to provide for the payment of taxes bv such carriers in connection with such distributions or sales.

HB 1446. By Mr. Adams of the 36th:
A bill to amend an Act known as the "Georgia Boat Safety Act", so as to provide for the licensing and numbering of livery boats.

HB 1534. By Messrs. Phillips of the 103rd, Dorminy of the 115th, Uewis of the 77th and others:
A bill to amend an Act creating the Georgia Forestry Commission, so as to authorize the Georgia Forestry Commission to participate in certain federally-funded fire protection assistance programs.

HB 1731. By Mr. Howard of the 19th and others:
A bill to amend an Act authorizing the Commissioner of the Depart ment of Natural Resources to appoint conservation rangers, so as to authorize the Board of Natural Resources to designate the various classes of employees to be included within the uniformed division of conservation rangers.

HB 1887. By Mr. Farrar of the 52nd:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to county and regional public libraries; to provide for distribution of funds directly to such county and regional public libraries.

SB 709. By Senators Johnson of the 38th and Salter of the 17th:
A bill to amend an Act providing for persons who have not been previously convicted of felonies to be granted first offender treatment, approved Mar. 18, 1968 (Ga. Laws 1968, p. 324), so as to provide that

1800

JOURNAL OF THE SENATE,
when an order of first offender treatment has been entered, all ref erences and records pertaining to the disposition of the case shall be considered and treated as privileged and confidential.

HB 1735. By Mr. Busbee of the 114th:
A bill to amend an Act known as the "Georgia Water Quality Control Act", so as to change the definition of the term "Pollution"; to define the term "effluent limitations"; to require the establishment or revision of effluent limitations; to require the performance of any and all acts necessary to carry out the purposes and requirements of the Act and of the Federal Water Pollution Control Act.

HB 1639. By Messrs. Cole and Foster of the 6th and Turner of the 3rd:
A bill to add one additional judge to the Superior Courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment of the first additional judge by the Governor.

HB 1847. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide a limitation upon the quantity of distilled spirits which may lawfully be sold by a retail licensee; to provide exceptions to such limitation and procedures connected therewith.

HB 1848. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to place a limitation upon the quantity of distilled spirits which may lawfully be possessed in any county of this State.

HB 1517. By Mr. Connell of the 80th:
A bill to amend an Act providing for the purchase and sale of supplies and materials by the Board of Commissioners of Richmond County, so as to provide that the said provisions shall not apply when the cost of such materials and supplies exceeds $1,500.

HB 1585. By Messrs. Miles of the 79th, Mulherin of the 81st, Dent of the 78th and Connell of the 80th:
A bill to authorize the collection and payment of certain taxes on tangible property, other than motor vehicles, in certain counties and municipalities, in installments.

TUESDAY, FEBRUARY 19, 1974

1801

HB 1667. By Mr. Connell of the 80th:
A bill to amend an Act providing for the permanent tenure for certain officers and employees of Richmond County, so as to exempt certain officers and employees from the operation of the Act; to provide for rules of probation of present officers and employees affected by the Act.

HB 1668. By Mr. Connell of the 80th: A bill to create the Augusta-Richmond County Charter Commission.

HB 1772. By Messrs. Mulherin of the 81st, Sams of the 83rd, Miles of the 79th and others:
A bill to amend an Act relating to the appointment of certain assistants to certain district attorneys (counties having a population of not less than 145,000 and not more than 165,000), so as to create the position of chief investigator.

HB 1812. By Messrs. Sams of the 83rd and Miles of the 79th:
A bill to amend an Act abolishing the 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 revise, consolidate and clarify all the laws establishing, concerning and relating to the Municipal Court, City of Augusta, in and for the County of Richmond.

HB 1840. By Messrs. Wheeler and Grantham of the 127th:
A bill to authorize and empower the City of Saint Marys, Georgia, after abandoning and closing certain streets as provided by law, to execute and deliver its deed conveying the title to said abandoned and closed streets to the person or persons lawfully entitled to the same.
HB 1879. By Messrs. Miles of the 79th, Sams of the 83rd, Beckham of the 82nd and others:
A bill to provide for the continued existence of the public school system of the County of Richmond in accordance with Section X of Article VIII of the Constitution of the State of Georgia and for its management and control as provided in an Act approved August 23, 1872.

HB 1882. By Mr. Kreeger of the 21st:
A bill to amend an Act providing for a new charter for the City of Powder Springs, so as to provide for annexation of certain territory to the City of Powder Springs.

1802

JOURNAL OF THE SENATE,

HB 1909. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd and others:
A bill to fix the compensation of the treasurers in certain counties (population of not less than 145,000 nor more than 165,000), and to provide for the employment and compensation of personnel within such treasurers' offices.

HB 1910. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd and others:
A bill to fix the compensation of the clerks of the superior courts in certain counties (population of not less than 145,000 nor more than 165,000), and to provide for the employment and compensation of personnel within such clerks' offices.

HB 1911. By Messrs. Sams of the 83rd, Beckham of the 82nd, Dent of the 78th and others:
A bill to make unlawful certain acts of cruel treatment of animals in certain counties (population of not less than 145,000 nor more than 165,000); to provide definitions; to provide for Animal Control Units in such counties; to make unlawful physical abuse of animals.

HB 1912. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd and others:
A bill to fix the compensation of the tax commissioners in certain counties (population of not less than 145,000 nor more than 165,000), and to provide for the employment and compensation of personnel within such tax commissioners' offices.

HB 1948. By Messrs. Connell of the 80th, Miles of the 79th, Sams of the 83rd and others:
A bill to amend Code Section 23-2304, relating- to burial of paupers, so as to increase the maximum allowable burial expenses for paupers in certain counties (population of not less than 160,000 nor more than 165,000).

HB 1957. By Messrs. Atherton of the 19th, McDaniell of the 20th, Howard of the 19th and others:
A bill to change the boundaries of the seven Education Districts of the Cobb County School District; to provide for education districts.

HB 1960. By Messrs. Sams of the 83rd, Connell of the 80th, Beckham of the 82nd and others:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Richmond, so as to change the term of the grand jury of Richmond County which shall submit each year to the governing authority of Richmond County a list of three certified public

TUESDAY, FEBRUARY 19, 1974

1803

accounting- firms from which the firm which shall audit the county offices is chosen.

HB 1972. By Mr. Carrell of the 71st:
A bill to provide that there shall be a board of tax assessors in certain municipalities within this State; to provide for the duties and powers of said board.

HB 1999. By Mr. Ross of the 72nd:
A bill to amend an Act placing certain of the county officers of Wilkes County upon an annual salary, so as to change the compensation of the deputy clerk of the superior court.

HB 2015. By Messrs. Sams of the 83rd, Miles of the 79th, Dent of the 78th and others:
A bill to amend an Act providing for the appointment of an associate judge for the State Courts in counties of this State having a popula tion of not less than 145,000 and not more than 165,000, so as to repeal the provision creating the position of associate judge of such State Courts.

HB 2039. By Messrs. Colwell and Twiggs of the 4th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to remove the limit of compensation for the Supervisor of Roads.

HB 2040. By Messrs. Strickland and Harrison of the 116th:
A bill to abolish the present mode of compensating the Ordinary of Jeff Davis County, known as the fee system; to provide in lieu thereof an annual salarv.

HB 2041. By Mr. McDonald of the 12th:
A bill to amend an Act creating a new charter for the City of Jefferson, so as to correct the legal description of the corporate boundaries.

HB 2043. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act to abolish the present mode of compensating the clerk of the superior court and the tax commissioner of Jeff Davis County, so as to change the salary of the clerk of the superior court and tax commissioner.

1804

JOURNAL OF THE SENATE,

HB 2044. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act placing the Clerk of the Superior Court and the Tax Commissioner of Jeff Davis County on an annual salary, so as to change the provisions relative to the compensation of the personnel employed by the clerk of the superior court.

HB 2045. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the salary of the sheriff.

HB 2046. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act placing the Sheriff of Jeff Davis County on a salary, so as to change the provisions relating to compensation of certain personnel in the sheriff's office.

HB 2047. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A bill to amend an Act incorporating the City of Riverdale in the County of Clayton in the State of Georgia, so as to clarify the provisions relating to the election of the mayor and council by majority vote.

HB 2048. By Messrs. Chance of the 112th, Triplett of the lllth, Alien of the 108th and others:
A bill to amend an Act creating a new charter for the Town of Pooler, so as to change the corporate limits of said city.

HB 2049. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, as amended, in order to permit the Chairman of the Board of Commissioners to hold another public office, provided said office is not elective.

HB 2050. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act known as the "Gwinnett County Water and Sewerage Authority Act", so as to provide for the membership and for the appointment of members of the Authority and their terms of tenure and compensation.

HB 2054. By Mr. Sweat of the 125th:
A bill to amend an Act placing the Clerk of the Superior Court of Atkinson County upon an annual salary, so as to authorize the

TUESDAY, FEBRUARY 19, 1974

1805

governing authority of Atkinson County to fix the compensation of the deputy clerk of the Clerk of the Superior Court of Atkinson County.

HB 2055. By Mr. Sweat of the 125th:
A bill to amend an Act creating the office of Tax Commissioner of Atkinson County, so as to authorize the Tax Commissioner of Atkinson County to employ a clerk.

HB 2056. By Mr. Sweat of the 125th:
A bill to amend an Act placing the Sheriff of Clinch County on an annual salary, so as to increase the rate of mileage by which the sheriff, his deputies, and his clerk are reimbursed; to increase the amount paid per day for the feeding of prisoners.

HB 2057. By Mr. Sweat of the 125th:
A bill to amend an Act providing a supplemental salary for the Ordinary of Atkinson County, so as to change the supplemental salary of the Ordinary of Atkinson County.

HR 513. By Mr. Connell of the 80th:
A resolution proposing' an amendment to the Constitution so as to permit the governing authority of the County of Richmond to ap propriate property, money and services for the purpose of advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Richmond County, and for the purpose of promoting and encouraging the location and expansion of industrial and commercial facilities and attracting tourists and conventions to said county.

HR 689. By Messrs. Mason of the 59th and Wall of the 61st:
A resolution proposing an amendment to the Constitution empowering the Board of Commissioners of Gwinnett County to license and regulate businesses and levy a license tax on businesses in Gwinnett County.

HR 693. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Hill of the 110th and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authorities of Chatham County to enter into contracts and other agreements including the execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obliga tion thereof.

1806

JOURNAL OF THE SENATE,

HR 694. By Messrs. Kreeger of the 21st, McDaniell of the 20th, Nix of the 20th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to redefine the education districts of the Cobb County School District.

Senator Hill of the 29th 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.

WEDNESDAY, FEBRUARY 20, 1974
Senate Chamber, Atlanta, Georgia Wednesday, February 20, 1974

ISO-

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.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:

HR 231. By Mr. Petro of the 46th and others:
A resolution proposing an amendment to the Constitution so as to au thorize DeKalb County to adopt ordinances authorizing pari-mutuel betting in DeKalb County.

HR 712. By Mr. Dixon of the 126th:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a Downtown Waycross Development Authority.

The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

HB 1499. By Mr. Adams of the 36th:
A bill to provide that in all counties having a population of 600,000 or more there is hereby levied and assessed, in addition to all ad valorem and other sales and use taxes, a special tax upon hotels and motels; to provide that such tax shall be paid to and collected by the tax commis sioner of the county.

1808

JOURNAL OF THE SENATE,

HB 1515. By Messrs. Egan of the 25th, Greer of the 43rd and Irvin of the 23rd:
A bill to amend an Act creating the Board of Commissioners of Pulton County, so as to provide for the election of the chairman of the board of commissioners.

HB 1728. By Mr. Adams of the 36th:
A bill to repeal an Act establishing County Planning Commissions in certain counties.

HB 1819. By Mr. Alexander of the 39th :
A bill to amend an Act creating the Joint City-County Board of Tax Assessors in certain counties, to provide for the method of arbitration of assessments.

HB 1974. By Mr. Ritchie of the llth:
A bill to amend an Act creating the Mountain Judicial Circuit, so as to change the term of court for the superior courts within the circuit.

HB 2009. By Messrs. Knight and Mullinax of the 65th: A bill to amend an Act creating a new charter for the City of Franklin, so as to provide for the selection of the clerk and other employees by the mayor and council.
HB 2021. By Mr. Russell of the 62nd: A bill to reincorporate the City of Winder in the County of Barrow; to create a new charter.
HB 2030. By Mr. Horton of the 43rd and others: A bill to amend an Act creating a new charter for the City of Atlanta, so as to authorize the city to negotiate and execute leases and other agreements with individuals, firms and corporations.

HB 2036. By Mr. Dixon of the 126th:
A bill to amend an Act changing the compensation of the sheriff and the ordinary of Charlton County from a fee system to a salary system.

HB 2038. By Mr. Castleberry of the 96th : A bill to repeal an Act providing that in certain counties of this State

WEDNESDAY, FEBRUARY 20, 1974

1809

the Clerk of the Superior Court shall attend the trial in the Court of Ordinary of all cases for violation of traffic laws within said counties.

HB 2042. By Messrs. McDonald of the 12th and Irvin of the 10th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Banks County into the office of Tax Commissioner of Banks County.

HB 2074. By Mr. Howard of the 19th and others:
A bill to amend an Act creating the Board of Commissioners of Cobb County, so as to change the provisions relating to districts for the elec tion of commissioners.

The House has passed or adopted by the requisite constitutional majority the following bills and resolution of the House and Senate, to-wit:

SB 600. By Senator Coggin of the 35th:
A bill to amend Code Section 109-502, relating to the unauthorized use of the terms "trust" or "trust company".

HB 1897. By Mr. Groover of the 75th :
A bill to amend Code Chapter 91-11, relating to public property, as amended, so as to provide for the use of certain publicly owned utilities by residents wherein the utilities are located.

HB 1340. By Messrs. Harris of the 51st and others:
A bill to create the Georgia Heritage Commission; to provide for the members, officers and employees of the Commission.

HR 625. By Mr. Ployd of the 56th :
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to require justices of the peace and ex-officio justices of the peace to participate in certain educational programs.

SB 520. By Senator Coverdell of the 40th:
A bill to provide requirements relative to local retirement, pension and emeritus systems.

1810

JOURNAL OF THE SENATE,

SB 521. By Senator Coverdell of the 40th :
A bill to amend an Act relating to the introduction of bills relative to retirement, pension and emeritus systems and requiring fiscal notes therefor.

HB 1637. By Mr. Coleman of the 102nd:
A bill to amend an Act creating the Department of Public Safety, so as to provide that the Commissioner of Public Safety shall formulate and prescribe tests, examinations, rules and regulations under which licenses to operate motor vehicles shall be granted.

The House has agreed to the Senate amendments to the following bills of the House, to-wit:

HB 323. By Mr. Harris of the 8th :
A bill to amend an Act providing retirement benefits for the clerks of the superior courts so as to provide that certain service as a member of the armed forces may be included in computing retirement benefits.

HB 1365. By Mr. Buck of the 87th and others:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change provisions relative to time for filing service retirement applications.

HB 1602. By Mr. Gignilliat of the 105th and others:
A bill to amend an Act known as the "Georgia Ports Authority of Title Act", so as to remove the maximum rate of 5'r per annum interest on the issuance of revenue bonds.

HB 1881. By Mr. Kreeger of the 21st and others : A bill to amend an Act creating a new charter for the City of Smyrna, so as to increase the corporate limits of the City of Smyrna.
HB 1924. By Messrs. Berlin, Pinkston, Coney of the 89th and others: A bill to consolidate into one Act, with such changes as may have be come necessary or proper, all the Acts constituting the charter of the Citv of Macon.

WEDNESDAY, FEBRUARY 20, 1974

IKVi

The House has agreed to the Senate substitutes to the following bill and resolution of the House, to-wit:

HB 37. By Mr. Berlin of the 89th:
A bill to amend an Act known as "The Georgia Criminal Justice Act", so as to clarify the criminal proceedings in which indigent persons shall be afforded representation.

HR 136. By Mr. Smith of the 42nd:
A resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption from taxation to resident homeowners in the City of Palmetto who are 65 years of age.

The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 669. By Senator McGill of the 24th:
A bill to amend Code Chapter 84-15, known as the "Georgia Veterinary Practice Act", so as to change the compensation of members of the Board of Veterinary Medicine.

SB 153. By Senator Lester of the 23rd :
A bill to amend Code Title 56, known as the "Georgia Insurance Code", so as to redefine the terms "physician" and "doctor" when used in connection with individual or group accident and sickness insurance policies.

SB 440. By Senator Bell of the 5th :
A bill to prohibit municipal or county governments from requiring employees to be residents of the municipality or county.

SB 615. By Senator Kidd of the 25th :
A bill to provide for a requirement of American citizenship for appoint ment to any governmental position that participates directly in the formulation, execution or review of public policy.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

1812

JOURNAL OF THE SENATE,

SB 38. By Senator Starr of the 44th and others:
A bill to repeal Code Title 76, relating to peace warrants and behavior bonds.

The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

HB 1530. By Mr. Snow of the 1st and others:
A bill to amend Code Chapter 59-7, relating to traverse juries in general, so as to provide that all civil actions where the claim for damages is less than $3,000, exclusive of interest and costs, and all misdemeanor cases in the superior courts, shall be tried by a jury of six jurors.

The House has passed or adopted by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit:

HB 1726. By Mr. Knight of the 65th and others:
A bill to authorize the creation of planning commissions within certain political subdivisions and combinations thereof.

HB 1761. By Mr. Edwards of the 95th and others:
A bill to amend Code Chapter 23-23, relating to paupers, so as to provide for the payment for ambulance services for indigents.

HR 455. By Mr. Collins of the 45th and others:
A resolution creating the Government Regulation of Private Business Study Committee.

HR 507. By Mr. Jones of the 109th and others:
A resolution proposing an amendment to the Constitution so as to delete therefrom the provision pertaining to the Coastal Highway District.

SB 513. By Senator Holloway of the 12th :
A bill to amend an Act relating to a health insurance plan for State employees, so as to provide for the investment of funds of the health insurance fund.

WEDNESDAY, FEBRUARY 20, 1974

1813

SB 561. By Senator Bell of the 6th:
A bill to amend an Act making it unlawful for any person to employ persons under 18 years of age in places where alcoholic beverages are sold, so as to authorize the employment of persons under 18 years of age in stores where alcoholic beverages are sold but not consumed on the premises.

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 612. By Senator Fincher of the 54th :
A bill to amend Code Chapter 84-9, relating to medical practitioners, so as to provide for all matters relative to the Composite State Board of Medical Examiners.

SB 522. By Senator Kidd of the 25th and others:
A hill to provide minimum salaries for ordinaries of the various counties within the State, to be paid from county funds; to provide for longevity increases; to provide for additional minimum compensation for certain ordinaries.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 535. By Senator Gillis of the 20th and others:
A bill to amend an Act establishing the Teacher's Retirement System, so as to change the amount oT creditable service which a member must have to he eligible to retire.

SB 135. By Senator Smalley of the 28th :
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide for expenses of the judge of the juvenile court.

SB 008. By Senator McGill of the 24th : A bill to provide for the sale or disposal of abandoned animals.

The House has disagreed to the Senate substitute to the following bill of the House, to-wit:

1814

JOURNAL OF THE SENATE,

HB 974. By Messrs. Duke of the 20th, Howard of the 19th and Nix of the 20th:
A bill to declare and give effect to a public interest in setting apart one day of the week as a common day of rest and for other activities bene ficial to the public welfare.

The House has appointed a Second Committee of Conference on the follow ing bill of the House, to-wit:

HB 246. By Mr. Brown of the 89th and others : A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, resulting in the suspension of the driver's license.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Smith of the 74th, Adams of the 36th and Brown of the 89th.
The House has adopted the following resolution of the House, to-wit:
HR 650. By Messrs. Carr of the 90th and Karrh of the 91st: A resolution pertaining to the creation and maintenance of Hamburg State Park.
The House has adopted the report of the Committee of Conference on the following hill of the Senate, to-wit:
SB 16. By Senator Kidd of the 25th : A bill to provide for the regulation of the establishment of long term health care facilities; to provide for a short title; to provide for the creation of the Long Term Health Care Reviewing Board and for it* powers and duties.
The following resolutions of the Senate were introduced, read the first time and referred to committees :
SR 411. By Senator London of the 50th : A resolution relative to the Georgia Industrial Institute at Alto, Georgia.
Referred to Committee on Rules.

WEDNESDAY, FEBRUARY 20, 1974

1815

SR 412. By Senator Starr of the 44th: A resolution creating the Justices of the Peace Study Committee.
Referred to Committee on Rules.

SR 410. By Senators Zipperer of the 3rd. Kennedy of the 4th, Riley of the 1st and others:
A resolution relative to the deplorable practices of the United States Congress.
Referred to Committee on Rules.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1409. By Mr. Adam; of the 36th:
A bill to provide that in all counties having a population of 600,000 or more there is hereby levied and assessed, in addition to all ad valorem and other sales and use taxes, a special tax upon hotels and motels; to provide that such tax shall be paid to and collected by the tax commis sioner of the county.
Referred to Committee on Ranking and Finance.

HB 1515. By Messrs. Egan of the 25th, Greer of the 43rd and Irvin of the 23rd: A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to provide for the election of the chairman of the hoard of commissioners.
Referred to Committee on County and Urban Affairs.
HB 1728. By Mr. Adams of the 36th: A hill to repeal an Act establishing County Planning Commissions in certain counties.
Referred to Committee on County and Urban Affairs.
HB 11. By Mr. Alexander of the A bill to amend an Act creating the Joint City-County Board of Tax Assessors in certain counties (population of 300,000 or more), so as to provide for the method of arbitration of assessments made by the Joint Board of Tax Assessors and to further provide for appeals to the Superior Court from the decision of the arbitrators.
Referred to Committee on Countv and Urban Affairs.

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JOURNAL OP THE SENATE,

HB 1974. By Mr. Ritchie of the llth:
A bill to amend an Act creating the Mountain Judicial Circuit, so as to change the term of court for the superior courts within the circuit.
Referred to Committee on Special Judiciary.

HB 2009. By Messrs. Knight and Mullinax of the 65th :
A bill to amend an Act creating a new charter for the City of Franklin, so as to provide for the selection of the clerk and other employees by the mayor and council.
Referred to Committee on County and Urban Affairs.

HB 2021. By Mr. Russell of the 62nd:
A bill to reincorporate the City of Winder in the County of Barrow; to create a new charter for said city.
Referred to Committee on County and Urban Affairs.

HB 2030. By Messrs. Horton of the 43rd, Alexander of the 39th, Marcus of the 26th and Brown of the 34th :
A bill to amend an Act creating a new charter for the City of Atlanta, so as to authorize the city to negotiate and execute leases and other agreements with individuals, firms and corporations whereby such individuals, firms or corporations shall have the right to regulate and control public streets, public alleys and ways and the usage thereof in the historic zone of the city.
Referred to Committee on County and Urban Affairs.

HB 2036. By Mr. Dixon of the 126th :
A bill to amend an Act changing the compensation of the sheriff and the ordinary of Charlton County from a fee system to a salary system, so as to change the provisions relative to deputy sheriffs.
Referred to Committee on County and Urban Affairs.

HB 2038. By Mr. Castleberry of the 96th:
A bill to repeal an Act providing that in certain counties of this State the Clerk of the Superior Court shall attend the trial in the Court of Ordinary of all cases for violation of traffic laws within said counties.
Referred to Committee on Countv and Urban Affairs.

WEDNESDAY, FEBRUARY 20, 1974

1817

HB 2042. By Messrs. McDonald of the 12th and Irvin of the 10th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Banks County into the office of Tax Commissioner of Banks County.
Referred to Committee on County and Urban Affairs.

HB 2074. By Messrs. Howard of the 19th, McDaniell, Nix of the 20th and others: A bill to amend an Act creating the Board of Commissioners of Cobb County, so as to change the provisions relating to districts for the elec tion of commissioners.
Referred to Committee on County and Urban Affairs.
HB 1340. By Messrs. Harris of the 51st, Jordan of the 58th and Burton of the 47th: A bill to create the Georgia Heritage Commission; to provide for the members, officers and employees of the Commission.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 1530. By Messrs. Snow of the 1st, Sams of the 83rd, Walker of the 100th and others:
A bill to amend Code Chapter 59-7, relating to traverse juries in general, so as to provide that all civil actions where the claim or damages is less than $3,000, exclusive of interest and costs, and all misdemeanor cases in the superior courts, shall be tried by a jury of six jurors; to provide for jury panels.
Referred to Committee on Judiciary.

HB 1637. By Mr. Coleman of the 102nd:
A bill to amend an Act creating the Department of Public Safety, so as to provide that the Commissioner of Public Safety shall formulate and prescribe tests, examinations, procedures, rules and regulations under which licenses to operate motor vehicles shall be granted.
Referred to Committee on Highways.

HB 1726. By Mr. Knight of the 05th, Mrs. Clark of the 55th, Mr. Alexander of the" 39th and others:
A bill to authorize the creation of planning commissions within certain political subdivisions and combinations thereof; to provide for the powers, duties and responsibilities of such commissions.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

1818

JOURNAL OF THE SENATE,

HB 1761. By Messrs. Edwards of the 95th and Harrison of the 116th:
A bill to amend Code Chapter 23-23, relating- to paupers, so as to provide for the payment for ambulance services for indigents; to provide for the practices and procedures in connection therewith.
Referred to Committee on Appropriations.

HB 1897. By Mr. Groover of the 75th :
A bill to amend Code Chapter 91-11, relating to public property, as amended, so as to provide for the use of certain publicly owned utilities by residents of political subdivisions or municipalities wherein the utilities are located.
Referred to Committee on Public Utilities and Transportation.

HR 231. By Mr. Petro of the 46th, Mrs. Clark of the 55th, Mr. Burton of the 47th and others:
A resolution proposing an amendment to the Constitution so as to au thorize DeKalb County to adopt ordinances authorizing pari-mutuel betting in DeKalb County.
Referred to Committee on Countv and Urban Affairs.

HR 455. By Messrs. Collins of the 45th and Larsen of the 27th:
A resolution creating the Government Regulation of Private Business Study Committee.
Referred to Committee on Rules.

HR 507. By Messrs. Jones of the 109th, Alien of the 108th, Wheeler of the 127th and others:
A resolution proposing an amendment to the Constitution so as to delete therefrom the provision pertaining to the Coastal Highway District.
Referred to Committee on Highways.

HR 625. By Mr. Floyd of the 56th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to require justices of the peace and ex officio justices of the peace to participate in certain educational programs.
Referred to Committee on Special Judiciary.

WEDNESDAY, FEBRUARY 20, 1974

1819

HR 712. By Mr. Dixon of the 126th :
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a Downtown Waycross Development Au thority.
Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:

Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:
Mr. President:
Your Committee on Banking- and Finance has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1011. Do pass. HB 1415. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.
Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 722. Do pass. Respectfully submitted, Overby of 49th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration

1820

JOURNAL OP THE SENATE,

the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1833. Do pass. Respectfully submitted, Overby of 49th District, Chairman.

Senator Hudgins of the 15th District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. President:
Your Committee on Defense and Veterans Affairs has had under considera tion the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1394. Do pass. Respectfully submitted, Hudgins of 15th District, Chairman.

Senator Kidd of the 25th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1765. Do pass. HB 1817. Do pass. HR 475. Do pass.
Respectfully submitted, Kidd of 25th District, Chairman.

Senator Starr of the 44th District, Chairman of the Committee on Elementary and Secondary Education, submitted the following report:
Mr. President:
Your Committee on Elementary and Secondary Education has had under

WEDNESDAY, FEBRUARY 20, 1974

1821

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 1571. Do not pass.
HB 1596. Do not pass.

Respectfully submitted, Starr of 44th District, Chairman.

Senator Reynolds of the 48th 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 resolutions 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 as amended. HB 1325. Do pass. HB 1327. Do pass. HR 570. Do pass. HR 682. Do pass as amended.
Respectfully submitted, Reynolds of 48th District, Chairman.

Senator Dean of the 6th District, Chairman of the Committee on Natural Resources and Environmental Quality, submitted the following report:
Mr. President:
Your Committee on Natural Resources & Environmental Quality 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 recom mendation:
HR 725. Do pass.
Respectfully submitted, Dean of 6th District, Chairman.

1822

JOURNAL OF THE SENATE,

Senator Coverdell of the 40th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. President:

Your Committee on Retirement has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1334. Do pass.
HB 1514. Do pass.
HB 1526. Do pass.

Respectfully submitted, Coverdell of 40th District, Chairman.

The following bills and resolutions of the Senate and House were read the second time:
SB 722. By Senator Webb of the llth:
A bill to amend an Act creating a board of commissioners of roads and revenues for Miller County, approved Aug. 22, 1905 (Ga. Laws 1905, p. 569), as amended, so as to provide for an elected board of com missioners; to determine a quorum; to provide for compensation; to compensate the ordinary; to provide for purchasing.

HB 1833. By Mr. Brown of the 67th : A bill to repeal an Act authorizing State employees to run for and hold office in any government of any municipality having a population of 1,000 persons or less.
HB 1323. By Messrs. Adams of the 84th and others: A bill to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights.

HB 1325. By Messrs. Adams of the 36th and Smith of the 74th:
A bill to amend an Act relating to the arrest of persons accused of violating any law or ordinance governing the operation, licensing, registration, maintenance, and inspection of motor vehicles.

WEDNESDAY, FEBRUARY 20, 1974

1823

HB 1327. By Messrs. Adams of the 36th and Smith of the 74th:
A bill to amend an Act regulating traffic on streets and highways of this State, so as to change the provisions relating to the making of accident reports by the individual and law enforcement agencies.

HR 570. By Mr. Castleberry of the 96th and others:
A resolution authorizing the Department of Community Development to pay the State's contribution to the Multi-State Transportation Corridor Advisory Board.
HR 682. By Messrs. Mason of the 59th and Wall of the 61st:
A resolution proposing an amendment to the Constitution empowering the Board of Commissioners of Gwinnett County to impose speed limits on all public roads and streets in the unincorporated area of Gwinnett County, to establish weight limits on bridges, on public roads and streets in the unincorporated area of Gwinnett County; to establish truck routes along public roads.

HB 1526. By Mr. Colwell of the 4th :
A bill to amend an Act establishing the State Employees' Retirement System, so as to include Conservation Rangers of the Department of Natural Resources within the terms of said Act.

HB 1334. By Mr. Lane of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to creditable service for leaves of absence.

HB 1514. By Mr. McDonald of the 12th :
A bill to amend an Act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to redefine the term "volunteer firemen"; to change the powers of the Board of Trustees of said Fund.

HB 1011. By Mr. Atherton of the 19th:
A bill to authorize counties and certain municipalities to levy a local income tax; to provide for the administration and collection of such taxes.

HB 1394. By Messrs. Chance of the 112th, Adams of the 14th, Russell of the 53rd and others:
A bill to amend an Act creating the Department of Public Safety, so as

1824

JOURNAL OF THE SENATE,

to provide for a decal containing certain information to be placed on. honorary drivers' licenses; to provide for placing said decal on current licenses.

HB 1415. By Messrs. Atherton of the 19th, Duke and Nix of the 20th:
A bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, so as to provide for an excise tax which shall be imposed on malt beverages by municipalities and counties; to provide for a reporting system for the payment of such excise taxes on the sale of malt beverages.

HB 1765. By Messrs. McDaniell of the 20th and Busbee of the 114th:
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 include real estate brokers and salesmen within the provisions of said Act.

HB 1817. By Mr. Howard of the 19th and others:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", and an Act known as the Georgia Police Academy Act, so as to transfer authority of the Georgia Police Academy from the Peace Of ficers' Standards and Training Council to the Board of Public Safety; to create the position of Superintendent of the Police Academy.

HR 475. By Messrs. Morgan of the 70th, Brown of the 67th, Logan of the 62nd and others:
A resolution creating the Bank Holding Company Study Committee.

HR 725. By Mr. Eraser of the 117th:
A resolution pertaining to the cutting of forest timber from our National Forests.

The following local, uncontested bills of the House and Senate favorably re ported by the committees, were read the third time and put upon their passage:

HB 2010. By Messrs. Jessup, Larsen and Coleman of the 102nd:
A bill to amend an Act providing for a new charter of the City of Cochran, so as to make certain clarifying amendments thereto.

WEDNESDAY, FEBRUARY 20, 1974

1825

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2012. By Messrs. Pearce and Buck of the 87th, Thompson of the 86th and others:
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 estab lishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, so as to change certain costs of said court.
The report 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 2014. By Messrs. Busbee, Hatcher, Hutchinson and Odom of the 114th: A bill to amend an Act creating the City Court of Albany, so as to change the name of said court; to change the jurisdiction thereof; to provide for six-man juries for the trial of criminal offenses.
The report 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 2018. By Messrs. Matthews and Collins of the 122nd:
A bill to recreate the Board of Commissioners of Colquitt County; to pro vide for Commissioner districts.

1826

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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2020. By Messrs. Carlisle and Brown of the 67th: A bill to abolish the office of treasurer of Payette County; to provide that the board of commissioners of Fayette County shall appoint de positories for county funds.
The report 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 2022. By Messrs. Reaves, Patten and Bennett of the 124th: A bill to provide for a referendum election on the question of reapportioning the Commissioner Districts of Brooks County.
The report 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 2023. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act incorporating the Town of Grayson in Gwinnett County, so as to change the name of said town to the City of Grayson; to change the provisions relative to the term of office of the mayor.

WEDNESDAY, FEBRUARY 20, 1974

1827

The report 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 2024. By Messrs. Mason of the 59th and Wall of the 61st: A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the compensation of the judge of said court.
The report 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 2032. By Messrs. Smith and Adams of the 74th: A bill to provide for the compensation of the sheriff of all counties in the State having a population of not less than 10,600 and not more than 10,900.
The report 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 2035. By Messrs. Smith and Adams of the 74th: A bill to amend an Act creating a new charter for the City of Thomaston, so as to change the provisions relating to the election of the mayor and council.

1828

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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 721. By Senators Wasden of the 2nd and Riley of the 1st:
A bill to amend an Act creating the State Court of Chatham County, formerly the Court of Common Pleas, and of Oyer and Terminer, for the City of Savannah, approved Dec. 18, 1819 (Ga. Laws 1819, p. 16), as amended, so as to change the provisions relating to the number and selection of jurors in misdemeanor trials in said county; to provide an effective date.

The report 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 724. By Senator Overby of the 49th:
A bill to provide for an investigator for the District Attorney of the Northeastern Judicial Circuit; to provide for the compensation and expenses of such investigator; to provide for the duties, powers and authority of the investigator; to provide for other matters relative to the foregoing.

The report 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 282. By Mr. Greer of the 43rd:
A bill to amend an Act providing that cities having a certain population shall furnish benefits to officers and employees of such cities, so as to change the compensation of the Board of Trustees.

WEDNESDAY, FEBRUARY 20, 1974

1829

The report 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 1503. By Mr. Adams of the 36th: A bill to amend Code Chapter 59-1, pertaining to jurors, so as to provide that in certain counties (population 600,000 or more), the governing authority in such counties shall prescribe the compensation to be paid jurors and bailiffs.
The report 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 1678. By Mr. Irvin of the 23rd: A bill to amend an Act creating a new charter for the City of Alpharetta, so as to increase the maximum fines and jail sentences that can be levied by the recorder of said city.

The report 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 1699. By Messrs. Rush of the 104th and Fraser of the 117th:
A bill to amend an Act establishing the Commissioners of Roads and Revenues for Long County, so as to change the compensation of the commissioners.

1830

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1724. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act placing the Tax Commissioner of Glynn County on an annual salary, so as to change the provisions for an increase in compensation of the tax commissioner based on length of service; to permit the tax commissioner to continue to receive certain fees and commissions after the effective date of this Act.

The report 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 1750. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Court and the Ordinary of Glynn County and placing said officers on an annual salary, so as to change the compensa tion of the clerk of the superior court.

The report 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 1757. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act amending the charter of the City of Brunswick, so as to define the corporate limits of said city.

WEDNESDAY, FEBRUARY 20, 1974

1831

The report 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 1773. By Messrs. Rush of the 104th and Praser of the 117th:
A bill to provide for the compensation of the members of the Board of Education of Long County.

The report 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 1863. By Messrs. Lewis and McCracken of the 77th:
A bill to amend an Act creating the Small Claims Court of Burke County, so as to change the provisions relative to the supplies and materials necessary for the operation of said court.

The report 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 1902. By Messrs. Rogers and Harden of the 128th:
A bill to amend an Act placing the Sheriff of Glynn County upon an annual salary, so as to provide for additional personnel within the sheriff's office; to change the compensation of the sheriff and certain personnel within the sheriff's office.

1832

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1926. By Messrs. Wall of the 61st and Russell of the 62nd:
A bill to amend an Act to create a new charter for the Town of Auburn, so as to change the corporate limits of said town; to change the residency requirement for voting in the elections of said town.

The report 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 1927. By Messrs. Wall of the 61st and Russell of the 62nd:
A bill to amend Code Section 92-4101, relating to limitation on cities' right of taxation, so as to include the City of Auburn as one of the cities and towns to which the prohibition of the Code Section does not apply.

The report 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 1928. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act creating a board of commissioners of Butts County, so as to provide an expense allowance for each commissioner; to increase the amount of merchandise which may be purchased or sold without advertising for bids.

WEDNESDAY, FEBRUARY 20, 1974

1833

The report 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 1929. By Messrs. Smith and Adams of the 74th:
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.

The report 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 1930. By Mr. Carrell of the 71st:
A bill to create and establish a Small Claims Court in and for each county of the State having a population of not less than 22,830 and not more than 23,500; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

The report 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 1931. By Mr. Collins of the 122nd: A bill to create the Hinsonton Water Authority.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1834

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1932. By Mr. Collins of the 122nd:
A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the provisions relating to the com pensation of the chairman and members of the Board of Commissioners of Mitchell County.

The report 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 1933. By Mr. Irwin of the 113th:
A bill to amend the charter of the Town of Shellman in Randolph County, so as to provide for recall elections; to provide special elections for filling vacancies.

The report 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 1935. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act placing the coroner of Butts County upon an annual salary, so as to change the compensation of the coroner.

The report 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.

WEDNESDAY, FEBRUARY 20, 1974

1835

The bill, having: received the requisite constitutional majority, was passed.

HB 1936. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act placing the Sheriff of Butts County upon an annual salary, so as to change the compensation of the Deputy Sheriffs of Butts County.

The report 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 1937. By Messrs. Smith and Adams of the 74th:
A bill to amend an Act creating a new charter for the City of Barnesville, so as to change the terms of office of the mayor and councilmen; to change the date on which the municipal election is conducted.

The report 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 1949. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of said sheriff.

The report 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.

1836

JOURNAL OP THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 1950. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act abolishing the fee system of compensation for the Ordinary of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of the ordinary.

The report 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 1951. By Messrs. Brown and Carlisle of the 67th:
A bill to amend an Act creating the office of Tax Commissioner of Fayette County, so as to change the compensation of the tax com missioner.

The report 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 1952. By Messrs. Brown and Carlisle of the 67th: A bill to amend an Act incorporating the Town of Tyrone, so as to change the corporate limits of the town.
The report 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 20, 1974

1837

HB 1955. By Messrs. Bennett, Patten and Reaves of the 124th:
A bill to amend an Act incorporating the Town of Remerton, so as to change the name of the Town of Remerton to the City of Remerton; to change the provisions relating to the election of the mayor and council.

The report 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 1958. By Messrs. Patten and Bostick of the 123rd:
A bill to amend an Act abolishing the mode of compensating the Sheriff of Cook County known as the fee system and providing in lieu thereof an annual salary, so as to change the provision relating to reimbursing the sheriff for expenses incurred in feeding prisoners.

The report 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 1964. By Mr. Bray of the 66th:
A bill to amend an Act placing the Sheriff of Talbot County on an annual salary, so as to change the provisions relating to the expenses of the sheriff's office.

The report 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.

1838

JOURNAL OF THE SENATE,

HB 1991. By Mr. Dean of the 17th:
A bill to amend an Act creating a new charter for the City of Rockmart in the County of Polk, so as to change the corporate limits of said city.

The report 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 2000. By Messrs. Harris and Thomason of the 8th:
A bill to reincorporate the City of Cartersville in the County of Bartow; to create a new charter for said city.

The report 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 2002. By Messrs. Adams of the 14th, Lowrey of the 15th and Toles of the 16th:
A bill to amend an Act fixing the compensation of and for the members of the Board of Commissioners of Floyd County, so as to change the provision for an expense allowance for the chairman and other members of the Board of Commissioners of Floyd County.

The report 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 20, 1974

1839

HB 2008. By Messrs. Knight and Mullinax of the 65th:
A bill to amend an Act establishing the State Court of Coweta County (formerly Civil and Criminal Court of Coweta County and City Court of Newnan), so as to change the salary of the judge and solicitor of said court.

The report 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 1517. By Mr. Connell of the 80th:
A bill to amend an Act providing for the purchase and sale of supplies and materials by the Board of Commissioners of Richmond County, so as to provide that the said provisions shall not apply when the cost of such materials and supplies exceeds $1,500.

The report 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 1585. By Messrs. Miles of the 79th, Mulherin of the 81st, Dent of the 78th and Connell of the 80th: A bill to authorize the collection and payment of certain taxes on tangible property, other than motor vehicles, in certain counties and municipalities, in installments.
The report 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.

1840

JOURNAL OP THE SENATE,

HB 1667. By Mr. Connell of the 80th:
A bill to amend an Act providing for the permanent tenure for certain officers and employees of Richmond County, so as to exempt certain officers and employees from the operation of the Act; to provide for rules of probation of present officers and employees affected by the Act.

The report 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 1668. By Mr. Connell of the 80th: A bill to create the Augusta-Richmond County Charter Commission.

The report 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 1772. By Messrs. Mulherin of the 81st, Sams of the 83rd, Miles of the 79th and others:
A bill to amend an Act relating to the appointment of certain assistants to certain district attorneys (counties having a population of not less than 145,000 and not more than 165,000), so as to create the position of chief investigator.

The report 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 20, 1974

1841

HB 1840. By Messrs. Wheeler and Grantham of the 127th:
A bill to authorize and empower the City of Saint Marys, Georgia, after abandoning and closing certain streets as provided by law, to execute and deliver its deed conveying the title to said abandoned and closed streets to the person or persons lawfully entitled to the same.

The report 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 1882. By Mr. Kreeger of the 21st:
A bill to amend an Act providing for a new charter for the City of Powder Springs, so as to provide for annexation of certain territory to the City of Powder Springs.

The report 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 1909. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd and others: A bill to fix the compensation of the treasurers in certain counties (pop ulation of not less than 145,000 nor more than 165,000) and to provide for the employment and compensation of personnel within such treasurers' offices.
The report 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.

1842

JOURNAL OF THE SENATE,

HB 1910. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd and others:
A bill to fix the compensation of the clerks of the superior courts in certain counties (population of not less than 145,000 nor more than 165,000), and to provide for the employment and compensation of per sonnel within such clerks' offices.

The report 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 1911. By Messrs. Sams of the 83rd, Beckham of the 82nd, Dent of the 78th and others: A bill to make unlawful certain acts of cruel treatment of animals in certain counties (population of not less than 145,000 nor more than 165,000); to provide definitions; to provide for Animal Control Units in such counties; to make unlawful physical abuse of animals.
The report 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 1912. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd and others:
A bill to fix the compensation of the tax commissioners in certain counties (population of not less than 145,000 nor more than 165,000), and to pro vide for the employment and compensation of personnel within such tax commissioners' offices.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 20, 1974

1843

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1948. By Messrs. Connell of the 80th, Miles of the 79th, Sams of the 83rd and others:
A bill to amend Code Section 23-2304, relating to burial of paupers, so as to increase the maximum allowable burial expenses for paupers in cer tain counties (population of not less than 160,000 nor more than 165,000).

The report 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 1957. By Messrs. Atherton of the 19th, McDaniell of the 20th, Howard of the 19th and others:
A bill to change the boundaries of the seven Education Districts of the Cobb County School District; to provide for education districts.

The report 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 1960. By Messrs. Sams of the 83rd, Connell of the 80th, Beckham of the 82nd and others:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Richmond, so as to change the term of the grand jury of Richmond County which shall submit each year to the gov erning authority of Richmond County a list of three certified public ac counting firms from which the firm which shall audit the county offices is chosen.

1844

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1972. By Mr. Carrell of the 71st: A bill to provide that there shall be a board of tax assessors in certain municipalities within this State; to provide for the duties and powers of said board.

The report 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 1999. By Mr. Ross of the 72nd:
A bill to amend an Act placing certain of the county officers of Wilkes County upon an annual salary, so as to change the compensation of the deputy clerk of the superior court.

The report 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 2039. By Messrs. Colwell and Twiggs of the 4th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to remove the limit of compensation for the Supervisor of Roads.

WEDNESDAY, FEBRUARY 20, 1974

1845

The report 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 2040. By Messrs. Strickland and Harrison of the 116th:
A bill to abolish the present mode of compensating the Ordinary of Jeff Davis County, known as the fee system; to provide in lieu thereof an an nual salarv.

The report 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 2041. By Mr. McDonald of the 12th:
A bill to amend an Act creating a new charter for the City of Jefferson, so as to correct the legal description of the corporate boundaries.

The report 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 2043. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act to abolish the present mode of compensating the clerk of the superior court and the tax commissioner of Jeff Davis County, so as to change the salary of the clerk of the superior court and tax commissioner.

1846

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2044. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act placing the clerk of the superior court and the tax commissioner of Jeff Davis County on an annual salary, so as to change the provisions relative to the compensation of the personnel em ployed by the clerk of the superior court.

The report 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 2045. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act placing the sheriff of Jeff Davis County on an annual salary, so as to change the salary of the sheriff.

The report 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 2046. By Messrs. Harrison and Strickland of the 116th:
A bill to amend an Act placing the sheriff of Jeff Davis County on a salary, so as to change the provisions relating to compensation of certain personnel in the sheriff's office.

WEDNESDAY, FEBRUARY 20, 1974

1847

The report 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 2047. By Messrs. Lee, Northcutt, Bailey and Johnson of the 68th:
A bill to amend an Act incorporating the City of Riverdale in the County of Clayton in the State of Georgia, so as to clarify the provisions relating to the election of the mayor and council by majority vote.

The report 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 2048. By Messrs. Chance of the 112th, Triplett of the lllth, Alien of the 108th and others:
A bill to amend an Act creating a new charter for the Town of Pooler, so as to change the corporate limits of said city.

The report 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 2049. By Messrs. Mason of the 59th and Wall of the Gist:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, as amended, in order to permit the Chairman of the Board of Commissioners to hold another public office, provided said office is not elective.

1848

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2050. By Messrs. Mason of the 59th and Wall of the 61st: A bill to amend an Act known as the "Gwinnett County Water and Sew erage Authority Act", so as to provide for the membership and for the appointment of members of the Authority and their terms of tenure and compensation.
The report 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 2054. By Mr. Sweat of the 125th:
A bill to amend an Act placing the Clerk of the Superior Court of Atkin son County upon an annual salary, so as to authorize the governing authority of Atkinson County to fix the compensation of the deputy clerk of the Clerk of the Superior Court of Atkinson County.

The report 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 2055. By Mr. Sweat of the 125th:
A bill to amend an Act creating the office of Tax Commissioner of At kinson County, so as to authorize the Tax Commissioner of Atkinson County to employ a clerk.

WEDNESDAY, FEBRUARY 20, 1974

1849

The report 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 2056. By Mr. Sweat of the 125th:
A bill to amend an Act placing the Sheriff of Clinch County on an annual salary, so as to increase the rate of mileage by which the sheriff, his dep uties, and his clerk are reimbursed; to increase the amount paid per day for the feeding of prisoners.

The report 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 2057. By Mr. Sweat of the 125th:
A bill to amend an Act providing a supplemental salary for the Ordinary of Atkinson County, so as to change the supplemental salary of the Ordinary of Atkinson County.

The report 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 2006. By Messrs. Wheeler and Grantham of the 127th:
A bill to amend an Act creating a new charter for the City of Alma, so as to change the provisions relating to salaries of certain municipal of ficers.

1850

JOURNAL OP THE SENATE,

Senator Eldridge of the 7th offered the following amendment:

Amend HB 2006 by striking from Section 5, on line 24 of Page 3, the words "two years" and inserting in lieu thereof the words "one year".

By striking from said Section, on line 25, the following:

"in even-numbered years".

On the adoption of the amendment, the ayes were 48, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 2013. By Messrs. Wood, Whitmire and Williams of the 9th:
A bill to require all taxes due to the State of Georgia on taxable property in Hall County, other than motor vehicles, and all taxes due to Hall County on taxable property in Hall County, other than motor vehicles, to be paid in two equal installments; to provide that at least one-half of the total amount of such taxes shall be paid between July 1 and August 1 and that the balance shall be paid by December 1.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 2013 by inserting in line 21 on Page 1 between the word "vehicles," and the word "shall" the following:
"except taxes on property returned for taxation to the State Revenue Commissioner,".

On the adoption of the amendment, the ayes were 48, nays 0, and the amend ment was adopted.

WEDNESDAY, FEBRUARY 20, 1974

1851

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 712. By Senators Coverdell of the 40th and Garrard of the 37th:
A bill to provide for penalties on ad valorem taxation, under certain con ditions, for all counties of this State having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census and for municipalities lying wholly or partially within such counties having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census.

The Committee on County and Urban Affairs offered the following substitute to SB 712:
A BILL
To be entitled an Act to provide that ad valorem taxes of all counties of this State having a population of 000,000 or more according to the United States decennial census of 1970 or any future such census and of all municipalities lying wholly or partially within such counties having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census shall not be considered past due or delinquent when such taxes are the subject of review of the tax liability pursuant to the laws of this State; to provide for the payment of certain taxes pending the determination of the tax liability; to provide for the construction of this Act; 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. This Act shall apply only to those counties of this State having a population of (500,000 or more according to the United States decennial census of 1970 or any future such census and only to those municipalities lying wholly or partially within such counties having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census.
Section 2. No county or municipal ad valorem taxes which are the subject of any arbitration, equalization or other procedure for the review of ad valorem tax liability allowed by the laws of this State shall be considered delinquent or past due pending the determination of the tax liability, but the taxpayer in any such case shall first pay to the county

1852

JOURNAL OF THE SENATE,
or municipality to which such taxes are due the amount of taxes which would be due if the assessed valuation of the property subject to tax were the same as that determined for the prior tax year or the amount of taxes which would be due on the portion of assessed valuation which is not in dispute, whichever is greater; provided, however, that a taxpayer within ten (10) days of receipt of a tax notice may petition the Superior Court of the county in which the return was made, or the Superior Court of the county wherein the major portion of the municipality lies, as the case may be, to determine a lower amount to be paid to the county or municipality under this sentence upon a showing that the value of prop erty subject to tax has suffered a sudden, substantial drop due to fire, storm, earthquake or other similar casualty. In the event that the taxes finally determined to be due under any such review procedure exceed the amount of taxes paid to the county or municipality under the preceding sentence, the excess amount shall bear interest at the rate provided or authorized by l#w from the date on which such taxes were due until they are paid in full.
Section 3. This Act shall be cumulative of and supplemental to any laws of this State relative to interest on past due ad valorem taxes or penalties on delinquent ad valoi'em taxes of the counties and municipalities subject to the provisions of this Act and shall not be construed to repeal any such laws.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 48, 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 48, nays 0.
The bill, having- received the requisite constitutional majority, was passed by substitute.
HB 1880. By Messrs. Kreeger and Burruss of the 21st, Wilson of the 19th and others: A bill to amend an Act providing for a new charter for the City of Marietta, so as to extend the corporate limits of said city.
The Committee on County and Urban Affairs offered the following amendment:

WEDNESDAY, FEBRUARY 20, 1974

1853

Amend HB 1880 by adding at the end of quoted Section 2-M of Sec tion 1 the following:

"TRACT NO. 13
All that tract or parcel of land lying and being in Land Lot 712, 17th District, 2nd Section, Cobb County, Georgia, and being sub divided Lot No. 2 property of 0. C. Hubert according to plat by M. P. Davis, C. E., dated November 26, 1956, recorded in Plat Book 16, Page 89, Records of Cobb County, Georgia, and hem"' more partic ularly described as follows:
Beginning at a point situated on the east side of a private drive, 512.7 feet southerly from the corner formed by the easterly side of said private drive and the north line of Land Lot 712 (said beginning point being the dividing line between Lots 2 and 3 as designated on said plat); running thence easterly 232 feet to an iron pin; thence southerly 125 feet to an iron pin situated at the northeast corner of Lot 1 as shown on said subdivision and plat; thence westerly along the line dividing said Lots 1 and 2 a distance of 232 feet to the easterly side of said private drive; thence northerly along the easterly side of said private drive 125 feet to an iron pin and the point of beginning.
TRACT NO. 14
All that tract or parcel of land lying and being in Land Lot 712 of the 17th District and 2nd Section of Cobb County, Georgia, and being partially shown by plat of survey of property of 0. C. Hubert, dated November 26, 1956, and recorded in Plat Book 16, Page 89, Records of Cobb County, Georgia, and being more particularly de scribed as follows:
Beginning at a point located at the northwest corner of Lot 2, as shown on said plat; thence west a distance of 18 feet to a point located on the west land lot line of Land Lot 712; thence south 0 degrees 02 minutes east a distance of 537.3 feet, more or less, to a point located at the intersection of the west land lot line with the northeast right-of-way of U. S. Highway No. 41; thence in a south easterly direction along the northeasterly side of U. S. Highway No. 41 a distance of 18 feet; thence north a distance of 300 feet, more or less, to the southwest corner of Lot 1, said plat; thence continuing along the westerly line of Lots 1 and 2, said plat, a distance of 250 feet to the northwest corner of Lot 2, said plat, the same being the point of beginning. The above described property is designated on said plat as being an 18 foot driveway."

On the adoption of the amendment, the ayes were 48, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

1854

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1812. By Messrs. Sams of the 83rd and Miles of the 79th:
A bill to amend an Act abolishing the 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 revise, consolidate and clarify all the laws establishing, concerning and relating to the Municipal Court, City of Augusta, in and for the County of Richmond.

The Committee on County and Urban Affairs offered the following' amend ment:
Amend HB 1812 by striking from lines 8 and 9 of Page 2 the follow ing:
"limits of the Richmond County" and substituting in lieu thereof the following:
"city limits of Augusta". By striking from line 19 of Page 2 the following:
"twenty-five thousand ($25,000.00)" and substituting in lieu thereof the following:
"ten thousand ($10,000.00)". By striking from line 8 of Page 6 the following:
"$17,500.00" and substituting in lieu thereof the following:
"$14,500.00". By striking from line 24 of Page 6 the following:
"$20,000.00" and substituting in lieu thereof the following:
"$18,000.00".

WEDNESDAY, FEBRUARY 20, 1974

1855

By striking from lines 24 and 25 of Page 11 the following:

"twenty-five thousand ($25,000.00)"

and substituting in lieu thereof the following:

"ten thousand ($10,000.00)".

By striking from lines 9 and 10 of Page 19 the following:

"Richmond County"

and substituting in lieu thereof the following:

"the city of Augusta".

By striking from line 18 of Page 19 the following:

"Richmond County"

and substituting in lieu thereof the following:

"the City of Augusta".

By deleting in their entirety lines 29 through 34 of Page 19, and lines 1 through 11 of Page 20.

By striking from line 16 of Page 20 the following:

"Richmond County"

and substituting in lieu thereof the following:

"the city limits of Augusta".

By striking from lines 23 and 24 of Page 21 the following:

"Richmond County"

and substituting in lieu thereof the following:

"the city limits of Augusta".

On the adoption of the amendment, the ayes were 48, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

1856

JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1879. By Messrs. Miles of the 79th, Sams of the 83rd, Beckham of the 82nd and others:
A bill to provide for the continued existence of the public school system of the County of Richmond in accordance with Section X of Article VIII of the Constitution of the State of Georgia and for its management and control as provided in an Act approved August 23, 1872.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1879 by striking from Section 9, which is quoted in Sec tion K of said bill, the following:
"twelve hundred ($1,200.00)", "eighteen hundred ($1,800.00)", and "twenty-four ($2,400.00)",
and substituting in lieu thereof the following, respectively:
"eighteen hundred ($1,800.00)", "twenty-four hundred ($2,400.00)", and "three thousand ($3,000.00)".

On the adoption of the amendment, the ayes were 48, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 2015. By Messrs. Sams of the 83rd, Miles of the 79th, Dent of the 78th and others:
A bill to amend an Act providing for the appointment of an associate judge for the State Courts in counties of this State having a population

WEDNESDAY, FEBRUARY 20, 1974

1857

of not less than 145,000 and not more than 165,000, so as to repeal the provision creating the position of associate judge of such State Courts.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 2015 by striking from line 32, Page 2 the following:
"(a) Judge of the State Court ......._.__..........._.___..._.............$18,000" and substituting in lieu thereof the following:
"(a) Judge of the State Court . ..................._.._.............$20,000".

On the adoption of the amendment, the ayes were 48, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following resolution of the House was read and adopted:

HR 650. By Messrs. Carr of the 90th and Karrh of the 91st:
A resolution pertaining to the creation and maintenance of Hamburg State Park.

The following resolutions of the Senate were read and adopted:

SR 408. By Senator Rowan of the 8th: A resolution commending and inviting Dr. John Page Wilson, M.D.

SR 410. By Senator Brown of the 47th: A resolution commending Coach Jerry Carroll.

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SR 413. By Senators Webb of the llth, Overby of the 49th, Herndon of the 10th and Hamilton of the 26th:
A resolution commending the Honorable Carlton Mobley.

SR 414. By Senators Webb of the llth and Sutton of the 9th: A resolution commending Mrs. Kathleen Yarbrough.

The President, ordered the morning roll call, and the following Senators answered to their names:

Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Doss Duncan Eldridge Garrard Gillis Herndon Hill

Holloway Howard Hudgins Johnson Kennedy Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Young Zipperer

Not answering were Senators:

Ballard Cleland Dean Fincher

Hamilton Henderson Holley Jackson

Kidd Smith Webb

Senator Hudgins of the 16th introduced as Chaplain, the Reverend Steve Moreno, pastor, Asbury Methodist Church, Columbus, Georgia, who offered scripture read ing and prayer.
The following is the Senate Rules Calendar for today:
SENATE RULES CALENDAR
Wednesday, February 20, 1974
SB 84. Theft of Services--change penalty provisions (AM) SB 541. Lobbying--revise Code (SUB) SB 684. Insurance--securities which may be used for deposits

WEDNESDAY, FEBRUARY 20, 1974

1859

SB 687. Community Action Agencies in State--continuation (SUB) SR 275. Family Court of Human Relations--provide (SUB) SR 305. Disabled Veteran and Dependents--homestead exemption SR 394. Seminole County-conveyance of certain real property (AM) SR 406. Richmond Co.--lease of prop, to Augusta Assn. for Retarded
Child. HB 93. Possession of Knife--unlawful while committing felony (SUB) HB 168. Teachers' Retirement System-change definition of "teacher" HB 279. Jud. Cir. with More Than One Judge--compensation Asst. D.A. HB 372. Post Mortem Exam.--change fees for medical examiners HB 995. Hospitalization Insurance--cover newborn HB 1012. Local Sales & Use Tax--cities and counties levy HB 1302. House Districts--change and clarify (AM) HB 1317. Sup. Ct. Clerk--notices on homestead exemptions HB 1419. Hospital Authority--clarify meaning of term "project" HB 1431. Electrical Contractors Act--license without examination HB 1450. Motor Contract Carriers--Pub. Safety Dept. jurisdiction over
(SUB)
HB 1464. Private School Transportation Charges--tax exempt HB 1512. Rapid Transit Auth.--exempt from sales tax levied HB 1554. Peanuts--not qualified for marketing HB 1556. Private Employment Agencies--regulation HB 1590. State, City, County Employee--compensation deferment (AM) HB 1614. Motor Vehicle Commission--create (AM) HB 1626. Cost of Maintaining Prisoner in County Jail--reimbursement HB 1629. High-Voltage Electric Lines--precautions in proximity of HB 1676. Pre-Need Funeral Serv. Contracts--definitions and provisions HB 1706. Real Estate Brokers--define "referral agent" HB 1707. Real Estate Brokerage Business--qualification of members of corp. HB 1764. Criminal Justice Commission of Georgia--create HB 1832. Board of Dental Examiners--provide personnel HB 1842. Cordele Judicial Circuit Court Reporter--assistant HB 1844. Alcoholic Beverages--sale on common carriers HB 1845. Alcoholic Beverages Act--licenses which may be issued HB 1846. Alcoholic Beverages Act--issuance and renewal of licenses

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JOURNAL OF THE SENATE,

HB 1892. State Properties Code--amendments to existing leases HB 1893. State Properties Com.--perform all lease transactions HB 1906. State Court of Cherokee and Forsyth Counties--create HR 445. Ordinary and Court of Ordinary--change name HR 574. Spewrell Bluff Dam Project--supporting and endorsing const. HR 575. Baldwin Co.--lease of certain property HR 595. Baldwin Co.--transferring control of tract of land HR 634. Forsyth St., Techwood Viaduct Air Rights--State leases

Senator Coggin of the 35th 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 995. By Mr. Brown of the 67th:
A bill to amend Code Title 56, the Georgia Insurance Code, so as to provide that accident and sickness insurance policies delivered after a certain date in this State shall provide coverage for newborn children from the moment of birth.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coverdell Dean Doss Eldridge Fincher Garrard Gillis

Hamilton Herndon Hill Holley Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester

London McDuffie Moore Overby Reynolds Riley Rowan Salter Skene Smalley Starr Stephens

WEDNESDAY, FEBRUARY 20, 1974

1861

Summers Sutton Thompson

Tysinger Warren Wasden

Webb Young Zipperer

Those not voting were Senators:

Ballard Cleland Coggin (presiding) Cox

Duncan Henderson Holloway McGill

Parker Smith Ward

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

HB 1695. By Messrs. Snow of the 1st, King of the 85th and others:
A bill to amend Code Section 26-2502, relating to the crime of aiding escape, so as to change the penalties for aiding escape.

The following bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1464. By Mr. Groover of the 75th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exclude from the terms "retail sale" and "sale at retail" as used in said Act, charges for transportation to certain private elementary and secondary schools in this State.

Senator Fincher of the 54th offered the following amendment:
Amend HB 1464 by adding in the title after the semicolon follow ing the word "State", the following:

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"to exclude from said terms sales of tickets or fees or charges for admission to public and private school athletic events;".

By striking in Section 1 beginning on line 12 of Page 1 the following:

"a new Paragraph, to be designated paragraph (z)",

and substituting in lieu thereof the following:

"two new paragraphs, to be designated paragraphs (z) and (aa)".

By adding at the end of the quoted material in Section 1 ending on line 18 of Page 1 a new paragraph to read as follows:

"(aa) Sales of tickets, or fees or charges for admission to public and private school athletic events."

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 Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coverdell Cox Dean Doss Duncan Eldridge Pincher Garrard Gillis Hamilton

Herndon Holley Holloway Howard Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Starr Summers
Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

WEDNESDAY, FEBRUARY 20, 1974

1863

Those not voting were Senators:

Ballard Cleland Coggin (presiding) Henderson

Hill Hudgins Jackson Smalley

Smith Stephens Ward

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
The President resumed the Chair.

The following local, uncontested resolutions of the House and Senate, favorably reported by the committee, were read the third time and put upon their adoption:
SR 27. By Senator Stephens of the 36th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the governing authority of Fulton County to provide from time to time for the increase of retirement or other benefits of retired persons who have retired or who retire in the future, pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system established for any employees of Fulton County; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section 1, Paragraph II of the Constitution as amended, 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 governing authority of Fulton County is authorized to provide from time to time for the increase of retirement or other benefits of retired persons who have retired or who retire in the future, pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system, which such system was created for the benefit of employees of Fulton County. No formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by

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members of the system who have not retired, nor shall any such formerly retired person receive any increased benefit unless all formerly retired persons entitled to receive such increased benefits participate pro rata therein."

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 Fulton
( ) NO County to provide from time to time for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to any retirement system, an nuity and benefit fund system, pension system or any similar system created for the benefit of employees of Fulton 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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard
Hamilton

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore
Overby

Parker Reynolds Riley Rowan Salter Starr Summers Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

WEDNESDAY, FEBRUARY 20, 1974

1865

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

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.
SR 350. By Senator Tysinger of the 41st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of DeKalb County to issue bonds for funds for capital expenditures in special districts of the county created pursuant to Article IX, Section III, Paragraph I; to require the assent of a majority of the voters of such special district or districts which will be served by such capital expenditure; to provide that the funds to retire such bonds shall come from such special district or districts; to provide a limit to the amount of bonds which may be issued; to provide for the issuance of revenue bonds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article IX, Section III of the Constitution is hereby amended by adding at the end thereof a new paragraph, to read as follows:
"In addition to all other rights and authority heretofore or hereafter conferred on DeKalb County, the governing authority of DeKalb County is hereby authorized to issue bonds and revenue bonds for funds for capital expenditures in special districts of the county created pursuant to Article IX, Section III, Paragraph I. Bonds issued for such purpose shall be authorized in all respects as provided in Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of DeKalb County, and only those voters residing in such special district or dis tricts which will be served by the capital expenditure, shall partic ipate in such election held for such purpose. The funds to retire such bonds shall come from charges, fees, taxes, or assessments, or any combination thereof, collected in such special district or dis tricts. Any other provisions of the Constitution to the contrary

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notwithstanding, the governing authority of DeKalb County may issue bonds in an amount not to exceed ten (10) percent of the assessed valuation of the property located in such special district or districts, subject to taxation for bond purposes, and the amount of any such bonds shall not affect the amount of bonds DeKalb County may issue under Article VII, Section VII, Paragraph IX of the Constitution for other purposes. The planning, construction and establishing of any capital facility in such special district or districts may be financed in whole or in part by the issuance of revenue bonds as provided in the Revenue Bond Law approved March 31, 1937 (Ga. Laws 1937, p. 761), as now or hereafter amended."

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 au thorize the governing authority of DeKalb County to issue bonds for funds for capital expenditures in special districts of the county created pursuant
( ) NO to Article IX, Section III, Paragraph I; to re quire the assent of a majority of the voters of such special district or districts which will be served by such capital expenditure; to provide that the funds to retire such bonds shall come from such special district or districts; to provide a limit to the amount of bonds which may be issued; and to provide for the issuance of revenue bonds?"

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 Senate Committee on County and Urban Affairs offered the following substitute to SR350:
A RESOLUTION
Proposing an amendment to the Constitution so as to create four bond districts in DeKalb County; to authorize the governing authority of DeKalb County to issue general obligation bonds for parks, recrea tional areas and facilities, storm water drainage systems, and sewage collection and disposal systems to be located in such bond districts; to require the assent of the voters of the bond district within which such capital facility, or facilities, will be located before bonds may be issued;

WEDNESDAY, FEBRUARY 20, 1974

1867

to authorize DeKalb County to levy property taxes within a bond district to pay the principal and interest on bonds issued for such capital facility, or facilities, located within the district; to provide that the amount of such bonds shall be limited by the existing county debt limitations; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"DeKalb County is hereby divided into four bond districts as follows:
(a) Bond District No. 1 which shall coincide with DeKalb County Commissioner District No. 1 as it exists on January 1, 1975.
(b) Bond District No. 2 which shall coincide with the DeKalb County Commissioner District No. 2 as it exists on January 1, 1975.

(c) Bond District No. 3 which shall coincide with the DeKalb County Commissioner District No. 3 as it exists on January 1, 1975.

(d) Bond District No. 4 which shall coincide with the DeKalb County Commissioner District No. 4 as it exists on January 1, 1975.

In addition to all other rights and authority heretofore or hereafter conferred on DeKalb County, the governing authority of DeKalb County is hereby authorized to issue general obligation bonds for the purpose of capital outlay expenses for parks, recreational areas and facilities, storm water drainage systems, and sewage collection and disposal systems to be located in any one of the bond districts created by this paragraph. Bonds issued for any such capital facility, or facilities, shall be authorized in all respects as provided in Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of DeKalb County in the bond district within which such capital facility, or facilities, will be located. Only those qualified voters registered in the bond district within which such capital facility, or facilities, will be located shall participate in such election. The power of ad valorem property taxation may be exercised by DeKalb County within such bond districts, and the governing authority of DeKalb County shall levy a tax within each such bond district in a sufficient amount to pay the principal and interest on all bonds which may have been issued in the bond district pursuant to this paragraph. The amount of debt incurred by the issuance of such bonds shall be subject to the limits on county debt provided in Article VII, Section VII, Paragraph I of the 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.

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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 four bond districts in DeKalb County; to au thorize the governing authority of DeKalb County to issue general obligation bonds for parks, rec reational areas and facilities, storm water drain age systems, and sewage collection and disposal systems to be located in such bond districts; to
( ) NO require the assent of the voters of the bond district within which such capital facility, or facilities, will be located before bonds may be issued; to authorize DeKalb County to levy property taxes within a bond district to pay the principal and interest on bonds issued for such capital facility, or facilities, located within the district; and to provide that the amount of such bonds shall be limited by the existing county debt limitations?"

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.

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 adoption of the res olution by substitute, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard

Barker

Bell

Broun of 46th

'

Brown of 47th

Carter

Coggin

Coverdell

Cox

Dean Doss Duncan Eldridge Pincher Garrard Hamilton Herndon Hill

Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester

WEDNESDAY, FEBRUARY 20, 1974

1869

London McDuffie McGill Moore Overby Parker
Reynolds

Riley Rowan Salter Starr Summers Button
Tysinger

Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hud^ins Skene Smalley

Smith Stephens Thompson

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 by substitute.

HR 460. By Messrs. Bostick and Patten of the 123rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption from all ad valorem taxation in the amount of $2,000.00 to resident homeowners in the City of Tifton; 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 VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, the homestead of each resident of the City of Tifton actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted in the amount of $2,000.00 of its value from all city ad valorem taxes, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness. The value of the homestead in excess of the above-exempted amount shall remain subject to ad valorem taxation by the City of Tifton.

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The exemption provided for herein shall apply to all taxable years beginning after December 31, 1974."

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 ( ) NO a homestead exemption from taxation in the amount of $2,000.00 to resident homeowners in the City of Tifton?"

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge
Fincher
Garrard
Hamilton

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie
McGill
Moore
Overby

Parker Reynolds Riley Rowan Salter Starr Summers Sutton Tysinger Ward Warren Wasden Webb
Young
Zipperer

WEDNESDAY, FEBRUARY 20, 1974

1871

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

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.
HR 513. By Messrs. Connell of the 80th, Mulherin of the 81st, Dent of the 78th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to permit the governing authority of the County of Richmond to appropriate property, money and services for the purpose of advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Richmond County, and for the purpose of pro moting and encouraging the location and expansion of industrial and commercial facilities and attracting tourists and conventions to 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 V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Provided, however, that the governing authority of Richmond County is, by this self-executing amendment, authorized and per mitted to appropriate property, moneys and services, any or all, so as to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Richmond County and environs, to promote and encourage the location and expansion of industrial and commercial facilities therein and to attract tourists and conventions thereto, making such appropria tions directly for such purposes through such agencies, public or private, as it may designate but conditioned that such appropria tions shall not exceed $75,000.00 during any one calendar year."
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.

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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 permit the governing authority of the County of Rich-
( ) NO mond to appropriate property, money and serv ices for the purpose of advertising and promo ting the agricultural, industrial, historic, recrea tional and natural resources, facilities and assets of Richmond County, and for the purpose of pro moting and encouraging the location and ex pansion of industrial and commercial facilities and attracting tourists and conventions to 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 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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Parker Reynolds Riley Rowan Salter Starr Summers Sutton Tysinger Ward Warren Wasden Webb Young Zipperer
Smith Stephens Thompson

WEDNESDAY, FEBRUARY 20, 1974

1873

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.
HR 516. By Messrs. Knight, Mullinax and Ware of the 65th:
A RESOLUTION
Proposing an amendment to the Constitution so as to designate the Board of Water, Sewerage and Light Commissioners of the City of Newnan as the sole operational governing authority for the utility systems of the City of Newnan; to grant operational powers to said Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitu tion is hereby amended by adding at the end of that paragraph added thereto by an amendment ratified in the 1972 General Election and proposed by a Resolution approved April 5, 1972 (Ga. Laws 1972, p. 1410), the following:
"Notwithstanding anything in this paragraph to the contrary, the Board of Water, Sewerage and Light Commissioners of the City of Newnan shall have complete and sole control and manage ment of the water, sewerage and light works of the City of Newnan independent of the Mayor and Board of Aldermen of said City; shall have the power and authority to make and enter into contracts; shall have the power and authority to charge the citizens of Newnan, and all other persons, firms, corporations or governmental or other entities, such sums as they may deem just and proper for the use of said utilities; shall have power and authority to make all rules and regulations as in their discretion are necessary or proper for the management and control of the water, sewerage and lights of said City of Newnan; shall have power to enforce said rules and regulations by refusing to supply, or to discontinue the supply to any person, firm, corporation, or government or other entity who fails or refuses to comply with said rules and regulations; and shall have the power and authority to perform all acts that may in the opinion of said Board be necessary or proper for the operation and maintenance of said utility systems."
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.

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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 designate the Board of Water, Sewerage and
( ) NO Light Commissioners of the City of Newnan as the sole operational body for the utility systems of said City, and to grant to said Board full and complete operational powers and authority over said systems?"

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Starr Summers Button Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

WEDNESDAY, FEBRUARY 20, 1974

1875

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.
HR 541. By Messrs. Brown, Dickey, Pinkston of the 89th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employment, pro mote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, by providing that harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in Bibb County for manufacturing or processing purposes, shall be exempt from all ad valorem taxation, except State 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 OP GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"In order to encourage and enhance overall economic develop ment, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in Bibb County for manufacturing or processing purposes, shall be exempt from all ad valorem taxation. Such products shall not be exempt from State 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 Shall the Constitution be amended so as to pro vide that in order to encourage and enhance
( ) NO overall economic development, increase employ ment, promote agribusiness, and to provide in-

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centives for the location of new and expanding manufacturing and processing facilities, har vested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a per iod in excess of one year after harvesting, and before manufacturing, and which are held in Bibb County for manufacturing or processing purposes, shall be exempt from all ad valorem taxation, except State 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.

The resolution proposing an amendment to the Constitution, a roll call was ordered by the President, and the vote was as follows:

Voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Those not voting were senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Parker Reynolds Riley Rowan Salter Starr Summers Button Tysinger Ward Warren Wasden Webb Young Zipperer
Smith Stephens Thompson

WEDNESDAY, FEBRUARY 20, 1974

1877

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 660. By Messrs. Dollar of the 63rd, Patterson and Bohannon of the 64th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Douglasville-Douglas County Stadium 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 XI of the Constitution is hereby amended by adding at the end thereof a new Section IV, to read as follows:
"Section IV. Douglasville-Douglas County Stadium Authority.
Paragraph I. Douglasville-Douglas County Stadium Author ity.--There is hereby created a body corporate and politic to be known as the Douglasville-Douglas County Stadium Authority, and which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity.
The Authority shall consist of seven members. One of the initial members shall be appointed by the Douglas County Board of Education, and may or may not be a member of the board, and shall serve for an initial term of office of three years. One of the initial members shall be appointed by the governing authority of Douglas County, and shall serve for an initial term of office of two years, and two of the initial members shall be appointed by the governing authority of Douglas County, and shall serve for initial terms of office of three years each. One of the initial mem bers shall be appointed by the governing authority of the City of Douglasville, and shall serve for an initial term of office of one year, and one of the initial members shall be appointed by the governing authority of the City of Douglasville, and shall serve for an initial term of office of two years. The six members so appointed shall appoint the seventh member who shall serve for an initial term of office of three years. All members shall serve for

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their respective terms of office and until their respective successors are duly appointed and qualified. Following the terms of office of the initial members, successors shall be appointed by the members of the Authority immediately prior to the expiration of the terms of office of members. All members shall take office on the first day of January, with the initial members taking office on January 1, 1975. Following the terms of office of the initial members, the term of office of all members shall be for three years. Members of the Authority may succeed themselves. In the event of the death,
resignation, removal, disability or vacancy from any other cause the members of the Authority shall appoint a successor for the remainder of the unexpired term of office.

The members of the Authority shall elect one of their number as chairman, another as vice-chairman, and may also elect a secre tary-treasurer, who need not necessarily be a member of the Au thority.

The chairman and vice-chairman, and secretary-treasurer shall serve for a period of one (1) year and until their successors are appointed and qualified. Four (4) members of the Authority shall constitute a quorum.

No vacancy on the Authority shall impair the right of the quorum to exercise all their rights and to perform all of the duties of the Authority.

The chairman of the Authority shall not be entitled to vote upon any issue, motion or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question.

The members of the Authority shall serve without compensation provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own govern ment. It shall have perpetual existence. Members of the Authority shall give bond in the amount of $10,000 each, payable to the Authority and conditioned upon the faithful discharge of their duties. The costs of such bonds shall be paid from the funds of the Authority. Members may be removed for cause by proper action brought in the Superior Court of Douglas County.
Paragraph II. Definitions.--As used in this Section, the follow ing words or terms shall have the following meanings:
(a) The word 'Authority' shall mean the Douglasville-Douglas County Stadium Authority created by this Section.
(b) The word 'Project' shall be deemed to mean a stadium facility to be used for athletic contests, games, meetings, trade fairs, expositions, agricultural events, cultural events, conventions and other public entertainments; together with parking facilities or parking areas in connection therewith, related buildings and the

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1879

usual and convenient facilities appertaining to such undertaking's, and extensions and improvements of such facilities.

(c) The term 'Cost of the Project' shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one (1) year after completion of construction, cost of engineer ing', architectural and legal expenses, and of plans and specifica tions, and other expenses necessary or incident to the financing herein authorized, or the construction or any project, the placing of the same in operation, and the condemnation of property neces sary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Section for such project.

(d) The term 'Revenue Bonds', 'Bonds' and 'Obligations' as used in this Section, shall mean revenue bonds as defined and provided for in the Revenue Bond Laws of Georgia (Ga. Laws 1957, p. 36), amending the law formerly known as the 'Revenue Certificate Law of 1937' (Ga. Laws 1937, p. 761), as amended, and such type of obligations may be issued by the Authority as au thorized under said Revenue Bond Law and in addition, shall also mean obligations of the Authority, the issuance of which are here inafter specifically provided for in this Section.

(e) Any project shall be deemed 'self-liquidating' if in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient 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.

Paragraph III. Powers.--The Authority shall have powers:

(a) to have a seal and alter the same at its pleasure;

(b) to accept gifts, grants and donations;

(c) 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;

(d) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights of easements therein, or franchises necessary or convenient for its corporate purposes, and to use the name 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,

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the Authority being under no obligation to accept and pay for any property condemned under this Section except from the funds provided under the authority of this Section, 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 of this Section upon which any lien or 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 encumbrance; 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 general fund of the State, the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the Authority;
(e) 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 com pensations;
(f) to make contracts, leases, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases or projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and 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 advisable; 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 agree ments, or other undertakings relative to the furnishing of services and facilities by the Authority to such municipal corporations and counties for a term not exceeding fifty (50) years;
(g) to construct, erect, acquire, own, repair, remodel, main tain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Author ity or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof;
(h) to accept loans and grants of money, 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;
(i) 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;

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1881

(j) to establish charges, rates and regulations for users of the facilities and services of the Authority;

(k) to do all things necessary or convenient to carry out the powers expressly given in this Section.

Paragraph IV. Revenue Bonds. -- The Authority, or any au thority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the Authority, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of 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 not exceeding 40 years from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia, 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 bonds.

Paragraph V. Same; form; denominations; registration; place of payment.--The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the 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. The bonds may be issued in coupon or registered form, or both, as the Authority may determine. Provisions may be made for the registra tion of any coupon bond as to principal alone and also as to both the principal and interest.

Paragraph VI. Same; signatures; 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 he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature 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.

Paragraph VII. Same; negotiability; exemption from taxation. --All revenue bonds issued under the provisions of this Section shall

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have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State.

Paragraph VIII. Same; sale; price.--The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority.

Paragraph IX. Same; proceeds of bonds.--The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, additional bonds may in like manner be issued, to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, shall be deemed to be of the same, and shall be entitled to payment from the same fund, without preference or priority of the bonds first issued for the same purpose. If the 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 paid into the funds, hereinafter provided, for the payment of principal and interest of such bonds.

Paragraph X. Same; interim receipts and certificates or temporary bonds.--Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.

Paragraph XI. Same; replacement of lost or mutilated bonds. --The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost.

Paragraph XII. Conditions precedent to issuance; object of issuance.--Such revenue bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions and things which are specified or required by this Section. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Section shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.
Paragraph XIII. Credit not pledged.--Revenue bonds issued under the provisions of this Section shall not be deemed to constitute a debt of the State of Georgia, Douglas County or the City of Douglasville or a pledge of the faith and credit of said State, County, or City, but such bonds shall be payable solely from the funds hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently, obligate the

WEDNESDAY, FEBRUARY 20, 1974

1883

said State, County or City to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering sub stantially the foregoing provisions of this Paragraph.

Paragraph XIV. Same; trust indenture as security.--In the discretion of the Authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of 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 contain 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 insurance of the project, and the custody, safeguarding and ap plication 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 issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies 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 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 as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

Paragraph XV. Same; to whom proceeds of bonds shall be paid.--The Authority shall, in the resolution providing for the is suance 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 this Section and such resolution or trust indenture may provide.

Paragraph XVI. Same; sinking funds.--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,

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unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged, for 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 in terest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking funds 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 a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

Paragraph XVII. Same; remedies of bondholders.--Any holder of revenue bonds issued under the provisions of this Section or any of the coupons appertaining thereto, and the trustee under the trust indenture, it any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, or granted hereunder, or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Section or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

Paragraph XVIII. Same; 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 Section and then outstanding, together with accrued interest thereon. 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 fore going provision of this Section insofar as the same may be applicable.

Paragraph XIX. Same; exemption from taxation; convenant of State.--It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose 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 will be

WEDNESDAY, FEBRUARY 20, 1974

1885

performing an essential governmental function in the exercise of the power conferred upon it by this Section, and this State covenants with the holders of the bonds that the Authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervisions or upon its activities in the operation or maintenance of the projects erected by it or any fees, tolls or other charges for the use of such projects or other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the
State.

Paragraph XX. Same; venue and jurisdiction.--Any action to protect or enforce any rights under the provisions of this Section or any suit or action against such Authority shall be brought in the Superior Court of Douglas County, Georgia, and any action pertain ing to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have ex clusive, original jurisdiction of such actions.

Paragraph XXI. Same; validation.--Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for services and facilities of the project for which bonds are to be issued and sought to be validated, and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality contracting with the said Douglasville-Douglas County Stadium Authority.
Paragraph XXII. Same; 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 rights and interests of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Section shall be for the benefit of the Authority and the holders of any such bonds, and upon the is suance of bonds under the provisions hereof, shall constitute a con tract with the holders of such bonds.

Paragraph XXIII. Purpose of the Authority.--Without limit ing the generality of any provisions of this Section, the general

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purpose of the Authority is declared to be that of acquiring, con structing, equipping, maintaining and operating a stadium facility for athletic contests, games, meetings, trade fairs, expositions, agricultural events, cultural events, conventions and other enter tainments, and parking facilities and parking areas in connection therewith; for acquiring, constructing, equipping, maintaining and operating recreational centers and areas, including but not limited to gymnasium and athletic facilities, parking facilities or areas in connection therewith and related buildings and the usual and con venient facilities appertaining to such undertakings; the extension and improvement of such facilities; 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 and desirable for and incident to the efficient and proper development and operation of such types of undertakings.

Paragraph XXIV. Rates; charges and revenues; use.--The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, or contracts for the use of its land and facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and, in anticipation of the col lection of the revenues and income of such undertakings or projects, is authorized to issue revenue bonds as herein provided to finance, in whole or in part the cost of the acquisition, construction, re construction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto, thereafter made or the sale of any of its lands and facilities.

Paragraph XXV. Rules and regulations for operation of pro jects.--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 of this Section.

Paragraph XXVI. Tort immunity.--The Authority shall have the same immunity and exemption from liability for torts and negli gence as Douglas County and the City of Douglasville; and the of ficers, agents and employees of the Authority when in the perfor mance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of Douglas County and the City of Douglas ville when in the performance of their public duties or work.

Paragraph XXVII. Powers declared supplemental and addition al.--The foregoing paragraphs of this Section shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers not existing.

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1887

Paragraph XXVIII. Liberal construction of Section. -- This Section being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes thereof."

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 ( ) NO Douglasville-Douglas County Stadium Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HR 660 by adding on Page 15, line 21, following the word "State" the following:
"The exemption from taxation herein provided shall not extend to tenants or lessees of the Authority; and shall not include exemp tions from sales & use taxes on property purchased by the Authority or for use by the Authority."

On the adoption of the amendment, the ayes were 47, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox

1888
Dean Doss Duncan Eldridge Fincher Garrard Hamilton Herndon Hill Holley Holloway Howard Jackson

JOURNAL OF THE SENATE,

Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Starr Summers Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.

HR 661. By Messrs. Dean of the 60th and Mason of the 59th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the City of Sugar Hill who are 62 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 exceeding $5,000.00 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 OF GEOR GIA:
Section 1. Article VII, Paragraph IV, of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Sugar Hill who is 62

WEDNESDAY, FEBRUARY 20, 1974

1889

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 residents, exceeding $5,000.00 per annum, and each resident of the City of Sugar Hill 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 $5,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Sugar Hill as long as any such resident of the City of Sugar Hill actually occupies said homestead as his residence. Pro vided, however, 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 Sugar Hill. 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 Sugar Hill, or with a person designated by the governing authority of the City of Sugar Hill, 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 erning authority of the City of Sugar Hill, or the person designated by the governing authority of the City of Sugar Hill, to make a determination as to whether such owner is entitled to such exemp tion. The governing authority of the City of Sugar Hill, 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, 1974."

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 residents of the City of Sugar Hill who are 62 years of age or over, or who are totally disabled,
( ) NO and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 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 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.

1890

JOURNAL OP 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 by the President, and the vote as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Pincher Garrard Hamilton

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Starr Summers
Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 662. By Messrs. Coney, Evans, Dickey of the 89th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the compensation of the elective members of the Board of Public Educa tion and Orphanage of Bibb County and to authorize the General

WEDNESDAY, FEBRUARY 20, 1974

1891

Assembly to hereafter provide by local law for such compensation with out the necessity of any such local law being approved in a referendum election thereon; 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 II of the Constitu tion is hereby amended by adding at the end thereof the following para graph :

"Any other provisions of this Paragraph II to the contrary notwithstanding, the elective members of the Board of Public Educa tion and Orphanage of Bibb County, that is, those members from Posts 1 through 8, shall each be compensated in the amount of $250.00 per month, which shall be payable from the funds of said Board of Public Education. Hereafter, the General Assembly shall be authorized to provide by local law for the compensation of any members of said Board of Public Education, and any such local law need not be conditioned upon approval by a majority of the qualified voters of the Bibb County school district voting in a referendum election thereon."

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 compensation of the elective members of
( ) NO the Board of Public Education and Orphanage of Bibb County and to authorize the General As sembly to hereafter provide by local law for such compensation without the necessity of any such local law being approved in a referendum election thereon?"

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.

1892

JOURNAL OF THE SENATE,

The resolution, proposing an amendment to the Constitution, a roll call was ordered by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Starr Summers Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

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 major ity, was adopted.

HR 663. By Messrs. Mason of the 59th and Wall of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of Gwinnett County who are totally disabled shall be granted a homestead exemption of $4,000.00 from all ad valorem taxation by 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:

WEDNESDAY, FEBRUARY 20, 1974

1893

Section 1. Article VII, Section I, Paragraph IV of the Constitu tion is hereby amended by adding at the end thereof the following:

"Each resident of Gwinnett County who is totally disabled is hereby granted an exemption of $4,000.00 on his homestead from all County ad valorem taxation as long as any such resident of said County actually occupies said homestead as his residence. Any such resident shall not receive the benefit of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of said County giving such information relative to receiving the benefit of such exemption as will enable said Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. Applications for such homestead exemption shall be processed in the same manner as other applica tions for homestead exemption, and the provisions of law applicable thereto, as the same now exist or as may hereafter be amended, shall apply thereto, except as otherwise provided herein. The Tax Commissioner of Gwinnett County shall provide affidavit forms for this purpose. No homestead shall be subject to more than one exemp tion as provided for herein, and the value of the homestead in excess of the above exempted amounts shall remain subject to ad valorem taxation by Gwinnett County. The exemptions provided for herein shall apply to all taxable years beginning after December 31,1974."

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 that residents of Gwinnett County who are
( ) NO totally disabled shall be granted a homestead exemption of $4,000.00 from all ad valorem taxa tion by said County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The 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 by the President, and the vote was as follows:

1894

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th
Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Herndon Hill Holley Holloway
Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan
Salter Starr Summers Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

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 major ity, was adopted.
HR 664. By Messrs. Mason of the 59th and Wall of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the City of Snellville who are 65 years of age or over or who are totally disabled shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City; 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 adding at the end thereof the following:

WEDNESDAY, FEBRUARY 20, 1974

1895

"Each resident of the City of Snellville who is 65 years of age or over and each resident of the City of Snellville who is totally disabled is hereby granted an exemption of $2,000.00 on his home stead from ad valorem taxation by the City of Snellville as long as any such resident of the City of Snellville actually occupies said homestead as his residence. Any such resident shall not receive the benefit of such homestead exemption unless he files an affidavit with the governing authority of the City of Snellville, or with a person designated by the governing authority of the City of Snell ville, giving his age and such additional information relative to receiving the benefit of such exemption as will enable the governing authority of the City of Snellville, or the person designated by the governing authority of the City of Snellville, to make a determina tion as to whether such owner is entitled to such exemption. Such affidavit shall be filed at the time or times specified by ordinance or resolution of the City of Snellville. The governing authority of the City of Snellville, or the person designated by said governing authority, shall provide affidavit forms for this purpose. No home stead shall be subject to more than one exemption as provided for herein, and the value of the homestead in excess of the above ex empted amounts shall remain subject to ad valorem taxation by the City of Snellville. The exemptions provided for herein shall apply to all taxable years beginning after December 31, 1974."

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 that residents of the City of Snellville who
( ) NO are 65 years of age or over or who are totally dis abled 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 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 by the President, and the vote was as follows:

1896

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Pincher Garrard Hamilton

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan S alter Starr Summers Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 665. By Messrs. Moyer of the 99th, Waddle of the 98th and Walker of the 100th:
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 Constitu-

WEDNESDAY, FEBRUARY 20, 1974

1897

tion is hereby amended by adding a new paragraph at the end thereof to read as follows:

"Beginning January 1, 1976, 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 educable or trainable mentally retarded or hearing impaired or physically handi capped resident of Houston County, who is 25 years of age or less, a grant when such resident is attending a private educational institu tion. Such grants shall be made from the funds raised for the maintenance and support of the public educational system of Hous ton County. 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, 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 Board of Education of Houston County
( ) NO to make grants for the purpose of educating and 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 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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox

1898
Dean Doss Duncan Eldridge Pincher Garrard Hamilton Herndon Hill Holley Holloway Howard Jackson

JOURNAL OF THE SENATE,

Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Starr Summers Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

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 major ity, was adopted.

HR 666. By Messrs. Duke of the 20th, Howard and Atherton of the 19th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Board of Elections of Cobb County and to provide for a Superintendent of Elections; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created in Cobb County the Board of Elections of Cobb County which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in said County.

WEDNESDAY, FEBRUARY 20, 1974

1899

B. (a) The Board of Elections of Cobb County shall be com posed of five members, each of whom shall be an elector and resi dent of said County appointed by the governing authority of Cobb County.

(b) There shall be a Superintendent of Elections of Cobb County who shall be appointed by the governing authority of Cobb County from a list of three names submitted to said governing authority by the Board of Elections of Cobb County. In the event said governing authority rejects all persons named on the list sub mitted by said Board of Elections, said Board of Elections shall submit a list of three additional names until a Superintendent of Elections is appointed by said governing authority.

(c) The initial appointment of the members of the Board of Elections shall be for terms as follows: two members shall be appointed for terms of two years and three members shall be appointed for terms of four years. Thereafter, successors shall be appointed for terms of four years, beginning with the expiration of the respective terms of office, and until their successors are appointed and qualified. The Superintendent of Elections shall serve at the pleasure of the governing authority of Cobb County.

(d) The Board of Elections shall elect, by majority vote, one of their own number to serve as Chairman of said Board who shall preside at meetings of said Board. The Chairman shall serve for such term as the Board of Elections shall provide by rules or regulations of said Board.
C. No person who holds elective public office shall be eligible to serve as a member of said Board of Elections or as Superinten dent of Elections during the term of such elective office, and the position of any member or of the Superintendent of Elections shall be deemed vacant upon such member or said Superintendent qualify ing as a candidate for elective public office.

D. The appointment of each member of said Board of Elections and said Superintendent of Elections shall be made by the governing authority of Cobb County filing an affidavit with the Clerk of the Superior Court of Cobb County, no later than thirty (30) days pre ceding the date at which such member is to take office, stating the name and residential address of the person appointed and certify ing that such member or Superintendent of Elections has been duly appointed as provided herein. The Clerk of the Superior Court shall record each 9f such certifications on the minutes of the Court and shall certify the name of each such member and the Superintendent of Elections to the Secretary of State and provide for the issuance of appropriate commissions to the members and Superintendent within the same time and in the same manner as provided by law for registrars.
E. Each member of the Board of Elections shall be eligible to succeed himself for one term and shall have the right to resign at any time by giving written notice of his resignation to the gov-

1900

JOURNAL OP THE SENATE,
erning authority of Cobb County and to the Clerk of the Superior Court of Cobb County, and shall be subject to removal from the Board of Elections at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
P. In the event a vacancy occurs in the office of any member of the Board of Elections before the expiration of his term, by removal, death or resignation, or otherwise, the governing authority of Cobb County shall appoint a successor to serve the remainder of the unexpired term. The Clerk of the Superior Court of Cobb County shall be notified of interim appointments and record and certify such appointments, in the same manner as the regular ap pointment of said members.
G. The first members of the Board of Elections and the Superintendent of Elections created hereunder shall take office on April 1, 1975. Before entering upon his duties, each member and said Superintendent of Elections shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
H. The Board of Elections shall, with regard to the preparation for conduct and administration of primaries and elections, succeed to and exercise all duties and powers granted to and incumbent upon the Ordinary of Cobb County pursuant to Title 34 of the Code of Georgia, as now or hereafter amended, and any other applicable provisions of law. With regard to the registration of electors, the Board of Elections shall succeed to and exercise all of the powers, duties and responsibilities granted to and incumbent upon the Board of Registrars of Cobb County pursuant to Title 34 of the Code of Georgia, as now or hereafter amended, or any other pro vision of law.
I. The Board of Elections shall be responsible for the selection, appointment and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists pro vided the Board by the county executive committee of each political party. The Board of Elections shall be authorized to employ not less than two full-time employees and such other employees as the governing authority shall approve.
J. Effective April 1, 1975, the Ordinary and the Board of Registrars of Cobb County shall be relieved from all powers and duties to which the Board of Elections succeeds as provided herein, and they shall deliver thereafter to the Superintendent of Elections, upon his written request, the custody of all equipment, supplies, materials, books, papers, records and facilities of every kind per taining to such powers and duties. Also, at such time, the Board of Registrars of Cobb County shall be abolished.
K. The Superintendent of Elections shall be the chief executive office of the Board of Elections and shall generally supervise, direct and control the administration of the affairs of the Board of Elec-

WEDNESDAY, FEBRUARY 20, 1974

1901

tions pursuant to law and duly adopted resolutions of the Board of Elections. The Board of Elections shall fix and establish by ap propriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction.

L. The compensation of the Superintendent of Elections and clerical assistants and other employees of the Board of Elections shall be such as may be fixed by the governing authority of Cobb County. Such compensation, when so fixed, shall be paid in equal monthly installments from the funds of Cobb County.

M. The governing authority of Cobb County shall provide the Board of Elections with proper and suitable offices.

N. The Board of Elections shall have the authority to contract with any municipality located within Cobb County for the holding of any primary or election by the Board to be conducted within the municipality.

O. As used herein, 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 the context clearly requires otherwise.

P. The Cobb County executive committee of the political party whose candidates at the last preceding general election received the largest number of votes in this State for members of the General Assembly and the Cobb County executive committee of the political party whose candidates at the last preceding general election re ceived the next largest number of such votes shall each have the right to appoint a representative to attend meetings of the Cobb County Board of Elections herein created.

Q. The General Assembly is hereby authorized to provide by local Act for the modification or revision of the membership of the Board of Elections created herein and for the modification or re vision of the powers and duties of said Board of Elections, but no such local Act may abolish said Board of Elections."
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 create the Board of Elections of Cobb County and to
( ) NO provide for a Superintendent of Elections?"
All persons desiring to vote in favor of ratifying the proposed

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JOURNAL OF THE SENATE,

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Baker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard
Hamilton

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore
Overby

Parker Reynolds Riley Rowan Salter Starr Summers Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

WEDNESDAY, FEBRUARY 20, 1974

1903

HR 667. By Messrs. Nix, McDaniell and Duke of the 20th and others:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the governing authorities of Cobb County and of each incorporated municipality located within Cobb County shall pay one-half of the revenues, after deducting administrative costs of not more than ten percent, derived from taxes authorized by the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as the same may now or hereafter be amended, excluding business license fees, on the wholesale and retail sale of alcoholic beverages and liquors to the boards of education of the county or independent school district within the area from which such tax revenues were derived; 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 XII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"From the revenue received from taxes authorized by the 'Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors', approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as the same may now or hereafter be amended, excluding business license fees, on the wholesale and retail sale of alcoholic beverages and liquors which are sold, dispensed or delivered within Cobb County or within any incorporated municipali ty located within Cobb County, the governing authorities of Cobb County and of each incorporated municipality shall pay one-half of the net revenue collected from such taxes to the board of education of the county or independent school district within the area from which such tax revenues were derived. The funds received from such taxes shall not be included for purposes of calculating the millage rate limitation provided for in this Constitution to be levied for educational purposes. The monies derived hereunder shall be spent exclusively for educational purposes within the respective school district from which collected. The governing authority of the county and of each municipality located therein shall deduct not more than ten (10) percent as administrative costs for the direct costs of collection of such taxes. Said costs, shall include the salaries of personnel required to administer the legalizing, control, policing, licensing and taxation of such beverages and the costs of supplies, data processing and all other incidental expenses. The term 'net revenue', as used herein, means the total revenues from all taxes, excluding business license fees, on the wholesale and retail sale of such alcoholic beverages and liquors minus administra tive costs of not more than ten percent of such revenues. The total revenues before administrative costs are deducted shall in clude all receipts from the legalizing, controlling and taxing of the sale of alcoholic beverages and liquors, including but not limited to all interests, costs and fi. fas. on delinquent accounts and shall

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JOURNAL OF THE SENATE,

exclude any business license. The governing authorities shall pay such revenues to the boards of education within 30 days of the last day of the month in which such revenues were collected."

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 governing authorities of Cobb County and of each incorporated municipality located within
( ) NO Cobb County shall pay one-half of the revenues, after deducting administrative costs of not more than ten percent, derived from taxes authorized by the 'Rev enue Tax Act to Legalize and Control Alcoholic Beverages and Liquors', approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as the same may now or hereafter be amended, excluding business license fees, on the wholesale and retail sale of alcoholic beverages and liquors to the boards of edu cation of the county or independent school district within the area from which such tax revenues were derived?"

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox Dean Doss Duncan

Eldridge Fincher Garrard Hamilton Herndon Hill

WEDNESDAY, FEBRUARY 20, 1974

1905

Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London

McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter Starr

Summers Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 668. By Messrs. Wood, Whitmire and Williams of the 9th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a Commission of Public Safety for Forsyth County; to provide for the establishment of a county police force and a chief of county police; to provide for the powers of the Sheriff of Forsyth County; to provide for other 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 VI of the Constitution is hereby amended by adding at the end thereof the following language:
"There is hereby created within the County of Forsyth the Commission of Public Safety, hereinafter referred to as the 'Com mission.' The Commission shall consist of five members to be appointed by the governing authority of Forsyth County for fouryear terms; provided, however, that three of the initial members shall be appointed for two terms so that the terms of office of

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JOURNAL OF THE SENATE,

members of the Commission shall correspond with the terms of office of members of the governing authority. Vacancies shall be filled for the remainder of unexpired terms.

It shall be the duty of the Commission to establish a county police force for Forsyth County which shall have the same law enforcement powers, duties and authority as provided for sheriffs of this State. The Commission shall direct, supervise and co ordinate the administration and activities of the county police force. The Commission shall appoint a chief of county police who shall be the chief law enforcement officer of the county and who shall have the same powers and duties as provided for sheriffs of this State. The Commission shall appoint such other employees as it shall deem necessary to efficiently and effectively carry out the law enforcement functions of Forsyth County. The Commission shall, from time to time, recommend to the governing authority of Forsyth County the number of such other employees needed for the county police force and their compensation. However, it shall be within the sole discretion of the governing authority of Forsyth County to determine the number of such other employees and the compensa tion of each. It shall be within the sole discretion of the Commission to designate and name the persons who shall be employed and to remove any of such employees at will. The chief of county police shall prescribe the duties and assignments of such employees unless otherwise provided by the Commission.

The necessary operating expenses of the county police force, expressly including the compensation of all employees, shall be paid from any funds of Forsyth County available for such purpose. All supplies, materials, furnishings, furniture, utilities, automobiles and radio equipment as may be reasonably required in discharging the official duties of said county police force shall be furnished by Forsyth County and shall be paid from any funds of Forsyth County available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Forsyth County.
The compensation of the members of the Commission shall be set by the governing authority of Forsyth County and paid from county funds available for such purpose.

The Sheriff of Forsyth County shall have the same duties as other sheriffs of this State with respect to civil cases in the courts of the county and shall have only such other duties expressly prescribed by the Commission of Public Safety. All other duties and powers hereinbefore exercised by the Sheriff of Forsyth County, unless otherwise provided by the Commission, shall be exercised by the Chief of County Police of Forsyth County."

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 Shall the Constitution be amended so as to provide for a Commission of Public Safety for Forsyth
( ) NO County, to provide for the establishment of a county police force and a chief of county police, and to provide for the powers of the Sheriff of Forsyth 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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Starr Summers Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

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By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 674. By Messrs. Wood, Whitmire and Williams of the 9th:
A RESOLUTION
Proposing an amendment to the Constitution so as to enlarge and change the power of the General Assembly in relation to the system and administration of taxation and public revenue in Hall County, by authorizing the General Assembly to prescribe by law the time for mak ing levies and assessments, the manner in which tax bills and notices shall be prepared, the number, form and content of tax bills and notices, the time for payment of taxes and other charges, either in installments or in one sum, the time default shall occur, the manner in which tax payments shall be apportioned, the location of certain offices, and the forms, equipment, devices and machinery to be used in the administration of the tax and public revenue system in said county; to authorize the General Assembly to delegate certain such powers; 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 of the Constitution of Georgia is hereby amended by adding at the end thereof a new Section to be appropriately numbered and to read as follows:
"Paragraph I. The General Assembly of Georgia shall have the power, by general, local or special law applicable to Hall County, to:
(a) Prescribe the date or time when the fiscal authorities of said county shall make or fix the levy of ad valorem taxes and the amount of assessments and other charges to be made for any pur pose against property or property owners;
(b) Prescribe the manner in which bills and notices covering taxes or assessments or other charges, including those due to the State of Georgia and Hall County, shall be prepared, the number of such bills or notices, and the information to be shown thereon, or to delegate authority to determine such matters;
(c) Provide when the payment of taxes or assessments or other

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1909

charges, including those due to the State of Georgia and Hall County, shall be due, either in installments or in one sum, and when default in such payment shall occur;

(d) Authorize payments or partial payments of taxes, assess ments or other charges, or installments thereof, to be apportioned between the State of Georgia and Hall County, in the same propor tions that the taxes, assessments or other charges due each shall bear to be whole bill or bills reserving to the taxpayer the right to direct how money paid by taxpayer shall be applied;

(e) Prescribe the location of the office or offices, without reference to the courthouse, of any tax or fiscal officer whose duties are connected with the tax or public revenue system, anywhere in said county, or provide how the location of such offices shall be determined; and

(f) Prescribe or authorize the use of new or improved forms, records, equipment, devices, or other machinery for collecting, com puting, maintaining, distributing or otherwise employing information and data connected with the tax or revenue system of such county."

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 enlarge and change the power of the General Assembly in relation to the system and administration of taxation and public revenue in Hall County, Georgia, by authorizing the General Assembly to prescribe by law the time for making levies and assessments, the
( ) NO manner in which tax bills and notices shall be pre pared, the number, form and content of tax bills and notices, the time for payment of taxes and other charges, either in installments or in one sum, the time default shall occur, the manner in which tax payments shall be apportioned, the forms, equipment, devices and machinery to be used in the administration of the tax and public revenue system in said county, and to authorize the General Assembly to delegate certain such powers?"

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.

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The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Herndon Hill Holley Holloway Howard Jackson
Johnson Kennedy Kidd Langford Lester London McDuffie Me Gill Moore Overby

Parker Reynolds Riley Rowan Salter Starr Summers
Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 677. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Jones of the 109th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Downtown Savannah Authority; to provide for the powers, authority

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1911

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 Savannah and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Savannah and to contract with the Authority for the use by the City of Savannah or the residents thereof of any facilities or services of the Authority, and to authorize said City to levy taxes and to expend tax monies of the City and any other available funds of the City and to make payment thereof to the Au thority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Savannah; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof the following:

"DOWNTOWN SAVANNAH AUTHORITY.
1. CREATION. There is hereby created a body corporate and politic to be known as the Downtown Savannah 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.

2. PURPOSE. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining and operating public projects, public buildings and other public facilities, parking lots or garages and other parking structures and any and all other facilities useful or desirable in connection there with, 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 in cident to the efficient and proper development and operation thereof.

3. MEMBERSHIP. The Authority shall consist of five members. One of such members, who shall serve as Chairman of said Authority, shall be either the Mayor of the City of Savannah, Georgia, or a member of the City Council of the City of Savannah who shall serve during his term of office. The remaining four members of the Authority, selected by the Mayor and Aldermen of the City of Savannah, shall be residents and qualified voters of the City of Savannah but no member of the City Council shall be eligible for appointment during his term of office. The original members of the Authority shall be appointed as follows: one for a term of four years; one for a term of three years; one for a term of two years; and one for a term of one year. Thereafter all members selected and appointed shall serve for a term of four years and until their

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successors shall have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All ap pointments shall be for a term commencing on January 1 and ending on December 31 of the year of the expiration of the appointment. The members of the Authority shall enter upon their duties immediately upon taking office after such appointment. The Authority shall elect one of its members as Vice Chairman who shall be elected for a term of one year or until his successor is selected and qualified and annually thereafter the Authority shall elect one of its members in the same manner for a one-year term. The Authority 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 shall have no voting rights and said Secretary and Treasurer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary and Treasurer. Three members of the Authority shall constitute a quorum. A majority of the members is empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member original ly became a member of the Authority. The members of the Authority shall serve without compensation except that they shall be reimbursed for 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 mem bers of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving.
4. DEFINITIONS. As used herein the following words and terms shall have the following- meanings:
A. The word 'Authority' shall mean the Downtown Savannah Authority herein created.
B. The word 'Projects' or 'Project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of any public project, public building or other public facility, parking lots, garages, or other parking- structures or similar undertaking and any and all other facilities useful or desir able in connection with such undertakings and extensions and im provements of such projects, buildings or facilities and the acquisi tion of the necessary property therefor, both real and personal, all for the essential public purposes of development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recreation or to alleviate traffic congestion in the City of Savannah and thereby better protect the lives and property of its residents and others using its streets.
C- The term 'cost of the project' shall embrace the cost of con struction, the cost of lands, properties, rights, easements and

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1913

franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of prepar ing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equipment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construction and
for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses necessary and incident to determine 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.

D. The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, in cluding refunding bonds, as though such revenue bonds had origi nally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. L. 1957, p. 36 et seq., as amended) amend ing the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 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.

E. 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, but not limited to, any revenues derived from the City of Savannah or other political subdivision 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 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.

5. POWERS. The Authority shall have the powers:

A. To adopt and alter a corporate seal;

B. 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;

C. To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by con demnation in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Au-

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thority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds pro vided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be 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 encumbrance; 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;
D. 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 compen sations;
E. To make contracts and leases and to execute all instruments 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 Savannah and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of Savannah is hereby authorized to enter into contracts and related agreements for the use by the City of Savannah or the residents thereof of any project, structure, building or facility or a combina tion of two or more projects, structures, building's 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 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 Au thority and the City of Savannah, 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 or facilities so furnished by said Authority;

F. 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;

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1915

G. 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;
H. 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;
I. 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;

J. To exercise any power usually possessed by private corpora tions performing similar functions, which is not in conflict with the Constitution and Laws of this State; and
K. To do all things necessary or convenient to carry out the powers expressly given hereunder.

6. REVENUE BONDS. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negoti able 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 principle and interest as 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.

7. SAME; FORM; DENOMINATION; REGISTRATION; PLACE OF PAYMENT. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principle 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 forms, 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.

8. SAME; SIGNATURE; SEAL. In case any officer whose signa ture 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

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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 Authori ty 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 thereto shall bear the facsimile signatures of the Chairman and Secretary 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 au thorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have been so authorized or shall not have held such office.
9. SAME; NEGOTIABILITY. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to be negotiable under the laws of the State.
10. SAME; SALE; PROCEEDS OF BONDS. The Authority maysell 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 from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
11. SAME; INTERIM RECEIPTS AND CERTIFICATES OR TEMPORARY BONDS. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
12. SAME; REPLACEMENT OF LOST OR MUTILATED BONDS. The Authority may also provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
13. SAME; CONDITIONS PRECEDENT TO ISSUANCE. Such revenue bonds may be issued without any other proceedings or the hap pening 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 resolution may be passed at any regular or special or adjourned meeting of the Authority.
14. 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 Savannah, nor of the State of Georgia or any municipality, county, authority, instrumentality 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, instrumentality or political subdivision of the State of Georgia shall create a debt of the respective municipali ties, 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,

WEDNESDAY, FEBRUARY 20, 1974

1917

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.

15. SAME; TRUST INDENTURE AS SECURITY. In the dis cretion 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 Author ity. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and en forcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including convenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the 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 reve nues or other monies 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 deposi tary 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 addi tion to the foregoing, such trust indenture may contain such other pro visions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust in denture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

16. TO WHOM PROCEEDS 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 provide.

17. 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 otherwise 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 au thorizing the issuance of the bonds or in the trust instrument may pro vide, and such funds, so pledged from whatever source received, which

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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 payingagents 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 for the benefit of all revenue bonds without distinction or priority of one over another. Sub ject 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.
18. REMEDIES OF BONDHOLDERS. Any holder of revenue bonds issued 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 be fore the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus or other proceedings protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls and other charges for the use of the facilities and services furnished.
19. 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 is sued 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.
20. VENUE AND JURISDICTION. Any action to protect or en force any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Chatham 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 jurisdiction of such actions.

21. 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 or valida tion shall also make a party defendant to such action any municipality,

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1919

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 any such municipality, county, authority, political sub division 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 ad judicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, when validated, and the judg ment of validation 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 any municipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Authority.

22. 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 af fect adversely the interests and rights of the holders of such bonds.

23. MONIES RECEIVED CONSIDERED TRUST FUNDS. All monies 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.

24. RATES, CHARGES AND REVENUES; USE. The Authority is hereby authorized to prescribe and fix rents and rates and to revise same from time to time and to collect payments, fees, tolls and charges on each project or for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertakings or projects, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, im provement, betterment or extension of its undertakings or projects; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto there after made.

25. RULES AND REGULATIONS FOR OPERATION OF PROJ ECTS. It shall be the duty of the Authority to prescribe rules and regula tions for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facilities, or both, shall be furnished.

26. GOVERNMENTAL FUNCTION. It is hereby declared that the Authority is created for a public purpose and will be performing an es sential governmental function in the exercise of the powers conferred upon it hereunder in the development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recrea tion or to alleviate traffic congestion in the City of Savannah and thereby better protect the lives and property of its residents and others using its streets.

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JOURNAL OP THE SENATE,

27. 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 employees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negli gence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligation of the Authority.

28. 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, as signed, 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.

29. CONSTRUCTION. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstand ing any other provision of the 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.
30. EFFECTIVE DATE. This amendment shall be effective im mediately upon proclamation of its ratification by the Governor.

31. GENERAL ASSEMBLY. This amendment is self-enacting and does not require any enabling legislation for it to become effective. How ever, 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 Savannah, Georgia, as the same now or may hereafter exist."

Section II. 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 create the Downtown Savannah Authority and to provide for the powers, authority and duties of such Au thority, and to authorize the Authority to issue its revenue bonds and to provide for the method and
( ) NO manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of Savannah and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of

WEDNESDAY, FEBRUARY 20, 1974

1921

the State of Georgia, public corporations and others and to authorize the City of Savannah to contract with the Authority and to authorize said City to levy taxes and to expend tax monies of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract en tered into by and between the Authority and the City of Savannah?"

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell
Cox
Dean
Doss
Duncan
Eldridge
Fincher
Garrard
Hamilton

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy
Kidd
Langford
Lester
London
McDuffie
McGill
Moore
Overby

Parker Reynolds Riley Rowan Salter Starr Summers Sutton
Tysinger
Ward
Warren
Wasden
Webb
Young
Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Snialley

Smith Stephens Thompson

1922

JOURNAL OF THE SENATE,

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 687. By Messrs. Lane and Nessmith of the 76th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the School Superintendent of the Bulloch County School System shall be appointed by the Bulloch County Board of Education rather than elected by the voters of the Bulloch County School District; 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, of the Constitution is hereby amended by adding at the end thereof the following:
"The successor to the School Superintendent of the Bulloch County School System who is in office on January 1, 1975, and future successors to such office, shall be appointed by the Bulloch County Board of Education prior to the expiration of the term of office of the School Superintendent. Successors to such School Superintendent shall serve at the pleasure of the Bulloch County Board of Education. The provisions of this paragraph shall not affect the term of office of the School Superintendent who is in office on January 1, 1975."
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 that the School Superintendent of the Bulloch County School System shall be appointed by the
( ) NO Bulloch County Board of Education rather than elected by the voters of the Bulloch County School District?"
All persons desiring to vote in favor of ratifying the proposed

WEDNESDAY, FEBRUARY 20, 1974

1923

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, by the President, and the vote was as follows:

Those voting' in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Herndon Hill Holley Holloway Howard Jackson
Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Parker Reynolds Riley Rowan Salter Starr Summers Button Tysinger Ward Warren Wasden Webb Young Zipperer
Smith Stephens Thompson

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

1924

JOURNAL OP THE SENATE,

HR 689. By Messrs. Mason of the 59th and Wall of the 61st:

A RESOLUTION

Proposing an amendment to the Constitution of the State of Geor gia empowering the Board of Commissioners of Gwinnett County, Georgia, to license and regulate businesses and levy a license tax on businesses in Gwinnett County; to license and regulate businesses and levy a license tax on businesses in the unincorporated area of Gwinnett County; to grant exclusive and nonexclusive franchises to businesses engaged in solid waste collection and disposal, ambulance service and cable television, authorizing said businesses to conduct said activities within a part or all of the unincorporated area of Gwinnett County; to provide for the submission of this amendment for ratification or re jection at the next general election; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VI, Section I of the Constitution of the State of Georgia of 1945 is hereby amended by adding at the end thereof a new paragraph, to read as follows:

"The governing authority of Gwinnett County is hereby autho rized:

(1) To license and regulate businesses and levy license taxes on all persons, firms, and corporations doing business in Gwinnett County, except businesses which are subject to regulation by the State Public Service Commission.

(2) To license and regulate business and levy license taxes on all persons, firms, and corporations doing business in the unin corporated area of said county, except businesses which are subject to regulation by the State Public Service Commission.

(3) To franchise by the granting of exclusive and nonexclusive franchises to all persons, firms, and corporations doing business in solid waste collection and disposal, ambulance service, and cable television in the unincorporated area of Gwinnett County. A franchise may be granted for all the unincorporated area of Gwinnett County or for any portion of the unincorporated area of Gwinnett County as may be established by the governing authority as a special franchise district. A special franchise district may be abolished, merged, modified, or redistricted by the governing authority by resolution after same has been established. The governing authority is hereby empowered to levy a franchise fee on franchised firms.
In the event any phrase, clause, paragraph, or portion thereof, of this amendment shall be adjudged invalid for any reason what soever, such adjudication shall in no manner affect the other phrases, clauses, paragraphs, or portions of this amendment, which shall remain of full force and effect, as if the phrase, clause, paragraph, or

WEDNESDAY, FEBRUARY 20, 1974

1925

portion thereof so adjudged invalid was not originally a part here of."

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 empower the Board of Commissioners of Gwinnett County to license and regulate businesses and levy a license tax on businesses in Gwinnett County, to license and
( ) NO regulate businesses and levy a license tax on busi nesses in the unincorporated area of Gwinnett County, to grant exclusive and nonexclusive franchises to businesses engaged in solid waste collection and disposal, ambulance service and cable television, au thorizing said businesses to conduct said activities within a part or all of the unincorporated area of Gwinnett 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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean

Doss Duncan Eldridge Fincher Garrard Hamilton Herndon Hill Holley Holloway

Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill

1926
Moore Overby Parker Reynolds Riley Rowan

JOURNAL OF THE SENATE,

Salter Starr Summers Sutton Tysinger Ward

Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 693. By Messrs. Gignilliat of the 105th, Ellis of the 107th, Hill of the 110th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authorities of Chatham County, Georgia, to enter into contracts and other agreements including the execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obliga tion thereof, for any period not exceeding 40 years with individuals, private firms and corporations for the lease, lease-purchase, purchase, and acquisition or financing of (1) land and a building to be utilized as a county courthouse, and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and (3) land and buildings as a parking lot, parking garage and parking decks and other facilities useful or desirable in connection therewith to be utilized by Chatham County residents and others while transacting business in and about the Courthouse of Chatham County, Georgia, which is declared to be an essential public purpose to alleviate traffic congestion thereby protecting the lives and property of those using the streets in and about the Courthouse of Chatham County, Georgia, and to obligate said county to pay for the use of the land and buildings and related facilities from tax funds and other sources; to provide that any obligation made by Chatham County, Georgia, hereunder shall not limit, alter or affect the right of the county to otherwise operate its financial affairs pursuant to Article VII, Section VII, Paragraphs I, II, III and IV of

WEDNESDAY, FEBRUARY 20, 1974

1927

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 GEOR GIA:

Section 1. Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"Any other provisions of the Constitution to the contrary not withstanding, the governing authority of Chatham County is hereby authorized to enter into contracts and other agreements including the execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obligation thereof, with individuals, private firms and corporations for any period not exceeding forty (40) years for the lease, lease-purchase, purchase and acquisition or financing of (1) land and a building to be utilized as a county courthouse, and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and (3) land and buildings as a parking Iqt, parking garage and parking decks and other facilities useful or desirable in connection therewith to be utilized by Chatham County residents and others while transacting business in and about the Courthouse of Chatham County, Georgia, which is declared to be an essential public purpose to alleviate traffic congestion thereby protecting the lives and property of those using the streets in and about the Courthouse of Chatham County, Geor gia, and to obligate said county to pay for the use of the land and buildings and related facilities for tax funds and other sources.
Any obligation made by Chatham County, Georgia, hereunder shall not limit, alter or affect the right of the county to otherwise operate its financial affairs pursuant to Article VII, Section VII, Para graphs I, II, III and IV of the Constitution of Georgia. The pro visions of this constitutional amendment shall be self-executing."

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 governing authority of Chatham
( ) NO County to enter into contracts and other agree ments including the execution of security deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obligation thereof, for any period not exceeding forty (40) years with individuals, private firms and cor porations for the lease, lease-purchase, purchase and acquisition of financing of (1) land and a building to be utilized as a county courthouse,

1928

JOURNAL OP THE SENATE,

and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and (3) land and buildings as a park ing- lot, parking garage and parking decks and other facilities useful or desirable in connection therewith to be utilized by Chatham County residents and others while transacting business
in and about the Courthouse of Chatham County, Georgia, which is declared to be an essential public purpose to alleviate traffic congestion thereby protecting the lives and property of those using the streets in and about the Court house of Chatham County, Georgia, and to obli gate said county to pay for the use of the land and buildings and related facilities from tax funds and other sources; and to provide that any obligation made by Chatham County, Georgia, hereunder shall not limit, alter or affect the right of the county to otherwise operate its financial affairs pursuant to Article VII, Section VII, Paragraphs I, II, III and 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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss

Duncan Eldridge Fincher Garrard Hamilton Herndon Hill Holley Holloway Howard Jackson

Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

WEDNESDAY, FEBRUARY 20, 1974

1929

Reynolds Riley Rowan Salter Starr

Summers Sutton Tysinger Ward Warren

Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 47, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 694. By Messrs. Kreeger of the 21st, McDaniell and Nix of the 20th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to redefine the education districts of the Cobb County School District and to determine the number of members of the Cobb County Board of Education, their terms of office, residence require ments, compensation, manner of election or appointment and the method for filling vacancies occurring on said board of education without the necessity of submitting any legislation pertaining thereto to the electors of the Cobb County School District for approval or rejection; 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 VIII, Section V, Paragraph II of the Constitu tion is hereby amended by adding after the words "referendum thereon" at the end of the first sentence thereof, the following:
"; provided, however, that with respect to the Board of Edu cation of the Cobb County School District, approval by a majority of the qualified voters of such school district voting in a referendum shall not be required"

1930

JOURNAL OF THE SENATE,

and by adding at the end thereof the following paragraph:

"Notwithstanding any other provisions of this Constitution to the contrary, the General Assembly shall have the authority to redefine and reapportion the education districts of the Cobb County School District, without the necessity of submitting any legislation pertaining thereto to the electors of the Cobb County School District for approval or rejection."

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 exercise all
( ) NO of those powers enumerated and authorized in Article VIII, Section V, Paragraph II of the Constitution of Georgia with respect to the Cobb County School District without the necessity of repeated periodic referendums at public ex-

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 resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell

Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton

Herndon Hill Holley Holloway Howard Jackson Johnson Kennedy

WEDNESDAY, FEBRUARY 20, 1974

1931

Kidd Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Salter Starr Summers Sutton

Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Gillis Henderson

Hudgins Skene Smalley

Smith Stephens Thompson

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

Senator Ballard of the 45th assumed the Chair.

The following bill of the House was taken up for the purpose of considering the Second Conference Committee Report thereto:

HB 246. By Messrs. Brown of the 89th and Adams of the 36th:
A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations, so as to reduce the number of points and to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license.

The Conference Committee Report No. 2 was as follows:
Mr. President and Mr. Speaker:
Your Conference Committee on HB 246 has met and submits the following recommendations:

1932

JOURNAL OF THE SENATE,

That the House and Senate recede from their respective positions and that the attached Substitute to HB 246 be adopted.

FOR THE SENATE
/s/ Reynolds of 48th Steve Reynolds Senator, 48th District
//s// TB, a,,llard, o*f 45r th, W. D. Ballard Senator, 45th District
, , TT , . ,, , _,. /s/ Hudgms of 15th
Floyd Hudgms Senator, 15th District

Respectfully submitted,
FOR THE HOUSE
/s/ Phillip Brown of 89th Philip Brown Representative, 89th District
/s/ J. R. Smith of 74th J. R. Smith Representative, 74th District
/s/ G. D. Adams of 36th G. D. Adams Representative, 36th District

Conference Committee No. 2 substitute to. HB 246:
A BILL
To be entitled an Act to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations and providing for the suspension of drivers' licenses of persons ac cumulating certain points within certain periods of time, approved March 27, 1968 (Ga. Laws 1968, p. 430), as amended, so as to increase the period of time within which points may be accumulated which would result in the suspension of the driver's license; to change the provisions for retaining points after the reinstatement of a license; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing a violation point system for the as sessment of points for various moving traffic violations and providing for the suspension of drivers' licenses of persons accumulating certain points within certain periods of time, approved March 27, 1968 (Ga. Laws 1968, p. 430), as amended, is hereby amended by striking Section 3 in its entirety and substituting in lieu thereof, the following:
"Section 3. The Director shall suspend the driver's license for a period of not more than one year of any person who has accum ulated a violation point count of 15 or more points in any consecutive 24 month period. Upon the reinstatement of the license, the viola tion point count of such person shall be reduced to zero."
Section 2. The provisions of this Act shall be effective prospectively only. No person whose license has not heretofore been subject to suspen-

WEDNESDAY, FEBRUARY 20, 1974

1933

sion shall have his license suspended until he commits an offense here after which results in additional points being accumulated.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Reynolds of the 48th moved that the Second Conference Committee Report to HB 246 be adopted.

On the motion, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter Cleland Coverdell Cox Dean Doss
Duncan Eldridge Fincher
Garrard Hamilton Hill

Holloway Howard Kennedy Kidd Langford Lester London McDuffie McGill
Moore Overby Parker Reynolds Riley Rowan

Salter Skene Smalley
Starr Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Herndon.

Those not voting were Senators:

Ballard (presiding) Broun of 46th Coggin Gillis

Henderson Holley Hudgins Jackson

Johnson Smith Stephens

On the motion, the ayes were 44, nays 1; the motion prevailed, and the Second Conference Committee Report to HB 246 was adopted.

The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

1934

JOURNAL OF THE SENATE,

SR 394. By Senator Webb of the llth:
A resolution authorizing the conveyance of certain real property located in Seminole County, Georgia.

The Committee on Public Utilities and Transportation offered the following amendment:
Amend SR 394 by striking on Page 2, lines 19 through 21 in their entirety and inserting in lieu thereof the following:
"(2) that the conveyance of said tract or parcel of land shall be approved by the State Properties Commission; and
(3) that the conveyance of said tract or parcel of land shall be upon such terms and conditions "and for such consideration as may be mutually agreed upon by the governing authority of Seminole County and the State Properties Commissions."

On the adoption of the amendment, the ayes were 0, nays 41, and the amend ment was lost.

Senator Webb of the llth offered the following substitute to SR 394:
A RESOLUTION
Authorizing the conveyance of certain real property located in Seminole County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Seminole County, Georgia, which is currently under the control and jurisdiction of the Department of Agriculture; and
WHEREAS, said real property consists of one tract or parcel of land lying and being in the County of Seminole, State of Georgia, and being more particularly described as follows:
"The north two (2) acres, more or less, of that certain tract or parcel of land comprising 4.969 acres, more or less, located, lying and being within the corporate limits of the City of Donalsonville in land lot 74, of the 14th land district of Seminole County, Georgia, with courses and distances according to a plat of a survey by Earl Thursby, Land Surveyor, dated February 9, 1974, as follows:
Commencing at an iron pin at the southeast intersection of East Crawford Street with Pugh Avenue, and extending along the south right-of-way line of East Crawford Street south 79 degrees 31 minutes east 398.7 feet to an iron pin, thence south 9 degrees 57 minutes west to an iron pin, thence south 79 degrees 31 minutes east

WEDNESDAY, FEBRUARY 20, 1974

1935

75 feet to an iron pin on the west right-of-way line of Adams Avenue, thence along said west right-of-way line of Adams Avenue south 9 degrees 57 minutes west 186.8 feet to an iron pin, thence north 76 degrees 20 minutes west 523.32 feet along a fence to an iron pin on the east right-of-way line of Pugh Avenue, along which there is a fence; thence along the east right-of-way line of Pugh Avenue north 16 degrees 17 minutes east 439.97 feet to an iron pin at the intersection of Pugh Avenue with East Crawford Street and the point of beginning."

WHEREAS, the above described real property is no longer needed by the Department of Agriculture, or the State of Georgia and is there fore surplus; and

WHEREAS, the County of Seminole is desirous of obtaining said tract of land.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tracts or parcels of land subject to the following conditions:

(1) that said tract or parcel of land shall be conveyed to the governing authority of Seminole County;

(2) that the conveyance of said tract or parcel of land shall be approved by the State Properties Commission; and

(3) that the conveyance of said tract or parcel of land shall be upon such terms and conditions for such consideration as may be mutually agreed upon by the governing authority of Seminole County and the State Properties Commission.

On the adoption of the substitute, the ayes were 41, nays 0, and the substitute offered by Senator Webb of the llth was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to by substitute.

On the adoption of the resolution, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th

Brown of 47th Carter Cleland

Coggin Coverdell Cox

1936
Dean Doss Duncan Eldridge Pincher Garrard Hamilton Herndon Howard Hudgins Jackson Kennedy Kidd

JOURNAL OF THE SENATE,

Langford Lester London McDuffie McGill Overby Parker Reynolds Rowan Salter Skene Smalley

Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard (presiding) Gillis Henderson
Hill

Holley Holloway Johnson

Moore Riley Smith

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

Senator Webb of the llth moved that SR 394 be immediately transmitted to the House.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SR 394 was immediately transmitted to the House.

The following resolution of the Senate was read and adopted:

SR 415. By Senator Holloway of the 12th:
A resolution commending Wayne William Oliver and Stuart Kohler Shapira.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

WEDNESDAY, FEBRUARY 20, 1974

1937

SR 406. By Senator Lester of the 23rd:
A resolution authorizing the State Properties Control Commission to lease certain real property located in Richmond County, Georgia, to the Augusta Association for Retarded Children.

Senator Lester of the 23rd offered the following substitute:
A RESOLUTION
Authorizing the State Properties Control Commission to lease certain real property located in Richmond County, Georgia, to the Augusta Association for Retarded Children; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Richmond County, Georgia, which is currently under the control and jurisdiction of the Department of Human Resources; and
WHEREAS, certain acreage contained in said tract of real property is no longer needed by the Department of Human Resources or the State of Georgia and is, therefore, surplus.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Control Com mission is hereby authorized to lease 50 acres of said tract of real prop erty to the Augusta Association for Retarded Children upon such terms and conditions as may be mutually agreed upon by the Augusta Associa tion for Retarded Children and the State Properties Control Commission. The State Properties Control Commission shall have the 50 acres sur veyed out of said tract of real property at the expense of the Augusta Association for Retarded Children, and the property included in such survey shall be specifically approved by the Department of Human Resources as being surplus to the needs of the Department.

On the adoption of the substitute, the ayes were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute.

On the adoption of the resolution, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Broun of 46th Brown of 47th

Carter Coverdell Cox

Doss Eldridge Fincher

1938
Garrard Gillis Hamilton Herndon Holloway Howard Hudgins Jackson Kennedy Kidd Lester London

JOURNAL OP THE SENATE,

McDuffie McGill Moore Overby Parker Riley Rowan Salter Skene Smalley Starr

Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard (presiding) Bell Cleland Coggin Dean

Duncan Henderson Hill Holley

Johnson Langford Reynolds Smith

On the adoption of the resolution, the ayes were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following resolution of the Senate was read and adopted:

SR 404. By Senators Lester of the 23rd, Holley of the 22nd and Zipperer of the 3rd:
A resolution expressing appreciation for the dedicated public service of Mr. William S. Morris, III.

Senator Gillis of the 20th assumed the Chair.

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 684. By Senator Skene of the 27th:
A bill to amend Code Section 56-1103, relating to deposits required for authority to transact insurance, so as to change provisions relating to which securities may be used for deposits; to repeal conflicting laws.

WEDNESDAY, FEBRUARY 20, 1974

1939

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators :

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Fincher Garrard Hamilton

Herndon Hill Holloway Howard Jackson Kennedy Kidd Langford Lester London McGill Moore Overby Parker

Reynolds Riley Salter Skene Smalley Starr Button Thompson Tysinger Ward Warren Wasden Webb

Those not voting were Senators :

Cleland Duncan Eldridge Gillis (presiding) Henderson

Holley Hudgins Johnson McDuffie Rowan

Smith Stephens Summers Young Zipperer

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 541. By Senator London of the 50th:
A bill to amend Code Title 47, relating to the General Assembly, as amended, so as to substantially revise, modernize and supersede Code Chapter 47-10, relating to lobbying, as amended; to provide for a state ment of policy; to provide for definitions; to provide for the registration of the lobbyists.

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The Committee on Economy, Reorganization and Efficiency in Government offered the following substitute:

A BILL

To be entitled an Act to amend Code Title 47, relating to the General Assembly, as amended, so as to substantially revise, modernize and supersede Code Chapter 47-10, relating to lobbying, as amended; to provide for the regulation and disclosure of lobbying; to provide for a statement of policy; to provide for definitions; to provide for the registration of the lobbyists; to provide for the filing of reports and notices; to provide for duties of lobbyists; to provide for duties of executive and legislative officials; to provide that the Secretary of State shall administer provisions of this Act; to provide for powers and duties of the Secretary of State; to prohibit certain false communica tions; to provide for certain contingent fees and the prohibition of certain fees; to provide for admission to the floors of each House of the General Assembly while the General Assembly is in session; to provide for enforcement; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Code Title 47, relating to the General Assembly, as amended, is hereby amended by striking Code Chapter 47-10, relating to lobbying, as amended, in its entirety, and inserting in lieu thereof a new Code Chapter 47-10, to read as follows:

"CHAPTER 47-10. LOBBYING.

47-1001. Policy, (a) The General Assembly declares that the people have the right to expect from their elected representatives at all levels of government the utmost of integrity, honesty and fairness in their official dealings, and the operation of responsible democratic government requires that the fullest opportunity be afforded to the people to petition their government for the redress of grievances and to express freely to individual members of the General Assembly, to committees of the General Assembly, and to members of the executive branch, their opinions on legislation, on pending executive actions, and on current issues.

(b) Our representative form of government is founded on the belief that those entrusted with the offices of government have nothing to fear from full public disclosure of the everyday political processes by which public consensus is reached and expressed through elected representatives. To preserve and maintain the in tegrity of the legislative process, it is necessary that the identity, expenditures, and activities of certain persons who, by direct com munication to such officers, engage in efforts to persuade members of the legislative or executive branches to take specific actions be publicly and regularly disclosed. The peoples' right to know of

WEDNESDAY, FEBRUARY 20, 1974

1941

financing of lobbying and lobbyists far outweighs any need that these matters remain secret and private.

(c) It is not intended by the General Assembly, that those rights guaranteed to the citizens by the First Amendment to the Constitution of the United States of America, or by Article I, Section I, Paragraph XV of the Constitution of the State of Georgia to freely and openly express themselves or to petition their government be impaired or restricted. Rather, these freedoms are to be more complete through the disclosure and dissemination of certain facts, and Paragraph I of Article I, Section I of the Constitution of the State of Georgia, the cornerstone of our Constitution, is to be more effectively fulfilled: 'All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable to them.'

47-1002. Definitions. As used in this Chapter, unless the con text clearly requires otherwise, the term:

(a) 'Administrative action' means the making of any recom mendation, report or decision or the taking of any official action by one or more officials in the executive branch of State government, a State regulatory commission, agency, authority, board, system, including the Public Service Commission, or other body in the executive branch of State government, and includes a decision to postpone a decision or action;

(b) 'Legislative action' means introduction, sponsorship, debate, voting and any other official action on any bill, resolution, amend ment, nomination, appointment, report and any other matter pending or proposed in a legislative committee or in either House of the General Assembly, or any matter which may be the subject of action by the legislature;

(c) 'Official in the executive branch' means any member or employee of a State regulatory commission, agency, authority, board, system, including the Public Service Commission, or other body in the executive branch, including the Governor, his staff and em ployees, and any official or employee of the State who takes any administrative action, and any other staff person, assistant or employee of the executive branch, whether or not they receive com pensation from the State.

(d) 'Official in the legislative branch' means any candidate for the General Assembly in any primary, special or general election, any member or member-elect of the General Assembly, any member of a commission established by and responsible to the General As sembly or either House thereof, and any staff person, assistant or employee of the same, whether or not they receive compensation from the State;

(e) 'Person' means an individual, corporation, association, firm,

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partnership, committee, club, or other organization or group of persons who are voluntarily acting in concert;

(f) 'Lobbyist' means any person who:

(1) communicates directly with any official in the legislative branch or in the executive branch of State government during the legislative session, or at other times, with the purpose of influencing any legislative action or administrative action:

(i) on behalf of another person; or

(ii) if a person other than an individual, on behalf of or for the specific benefit of its members; or

(2) makes or receives a payment for the conduct of such com munication; or
(3) makes an expenditure or expends for another (not includ ing payment of membership dues) to solicit others, either directly or by an advertising campaign, to communicate directly with any official in the legislative branch or in the executive branch with the purpose of influencing any legislative action or administrative action, provided that an individual acting solely on his own behalf who does not spend an amount in excess of $10 for personal postage and telephone for such solicitation shall not be deemed to have made an expenditure under this subsection; or

(4) represents himself as engaging in such communication or such solicitation as a business; or

(5) seeks to encourage the passage, defeat or modification of any legislation, except members of the General Assembly while in the conduct of their official duties or on behalf of constituents of their legislative district; or any person who, on an isolated basis and without the intent to continue beyond a single day during a session of the General Assembly, merely appears before a committee or committees of the legislature in his individual capacity or on behalf of a corporation, partnership, association or other business entity with which such person is regularly associated as an em ployee, officer, member or partner without receiving additional salary or compensation other than reasonable and ordinary travel expenses to express support of or opposition to any legislation, and who shall so declare to a member, members or committee of the legislature with whom he discusses any proposed legislation, or an attorney at law representing his client or a person who is a full-time or part-time employee on a full-year basis for a trade, business or professional association or a labor union incorporated under Georgia laws, provided no additional compensation is paid other than neces sary expenses.
(g) 'Lobby', 'lobbying' or 'lobbying activity' means those actions of a lobbist.

WEDNESDAY, FEBRUARY 20, 1974

1943

(h) 'Expenditure' means a payment, distribution, loan, advance, reimbursement, deposit or gift of money or any thing of value in excess of $100 per action, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an ex penditure, including the obtaining of goods or services on credit in excess of $100 per action.

(i) 'Secretary' means the Secretary of State.

47-1003. Registration, (a) Every lobbyist is hereby required to register under this Chapter by filing a prescribed registration form with the Secretary within two days prior to the first under taking requiring registration, except as otherwise provided herein; provided, however, that in the event that a person is unable (for good cause) to comply with this time limitation, he shall file a registration form within two days after the first undertaking re quiring registration, except as otherwise provided herein.

(b) Registration by a lobbyist does not exempt that lobbyist's employer or the person whom the lobbyist represents, or both, from registering.
(c) The registration shall be written, verified, and shall contain the following information:
(1) the registrant's full name and address;
(2) the registrant's normal business and business address;
(3) the full name and address of each trade, business or pro fessional association, corporation, partnership or individual by whom the registrant is employed; and
(4) the date on which the registrant expects his lobbying to end.
(d) If a registrant's activities are done on behalf of the mem bers of a group other than a corporation, the registration form shall include a statement of the number of members of the group.
(e) A registrant shall file a supplemental registration indicat ing any change in the information contained in the registration within five days after the date of the change, except to the require ments of subsection (d) which shall be supplemented as of January 1 of each year.
47-1004. Activities Report, (a) Every person registered under this Chapter shall file with the Secretary a report concerning the activities set out in subsection (c) of this Section on a form prescribed by the Secretary. The report shall be filed:
(1) between the 1st and 10th day of the month following the

1944

JOURNAL OF THE SENATE,

conclusion of any legislative session and covering the activities dur ing the preceding month or months; and

(2) between the 1st and 10th day of June and January covering the activities not previously reported.

(b) The report shall be written, verified, and contain the following information:

(1) the expenditures in excess of $25 per expenditure made by the registrant, including expenditures made by others on behalf of the registrant for those direct communications if the expenditures were made with his express or implied consent or were ratified by him. Such report shall include a breakdown of expenditures into the following categories:

(i) postage, telegraph, publication and advertising;

(ii) travel;

(iii) entertainment;

(iv) consultation, advice and research done for an argument or presentation; and

(v) other expenditures;
(2) a list of each honorarium, gift, loan, or political contribu tion of more than $100 per transaction, including a service or any thing of value, paid to an official in the legislative or executive branch by the registrant, any employee of the registrant, any lobbyist who received compensation or reimbursement for expenses from the registrant, or, if the registrant is a person other than an individual, any officer or official of the registrant.

(c) Each person who made expenditures on behalf of a registrant that are required to be reported by subsection (b) of this Section or who has other information required to be reported by the registrant under this Section or any other Section of this Chapter shall provide a full, verified account of his expenditures to the registrant at least five days before the registrant's report is due to be filed.

47-1005. Termination Notice, (a) A person who ceases to en gage in activities requiring him to register under this Chapter shall file a written, verified statement with the Secretary acknowledging the termination of his activities. The notice shall be effective im mediately upon filing.

(b) A person who files a notice of termination under this Section shall file the reports required under this Chapter for any reporting period during which he was registered under this Chapter.

WEDNESDAY, FEBRUARY 20, 1974

1945

47-1006. Duties of Lobbyists. A person required to register as a lobbyist under this Chapter shall also have the following obliga tions, the violation of which shall constitute cause for revocation of his registration, and may subject such person, and such person's employer if such employer aids, abets, ratifies or conforms any such act, to other civil liabilities, as provided by this Chapter:

(a) Such persons shall obtain and preserve all accounts, bills, receipts, books, papers and documents necessary to substantiate the financial reports required to be made under this Chapter for a period of at least one year from the date of the filing of the state ment containing such items, which accounts, bills, receipts, books, papers and documents shall be made available for inspection by the Secretary at any time; provided, that if a lobbyist is required under the terms of his employment contract to turn any records over to his employer, responsibility for the preservation of such records under this subsection shall rest with such employer.

(b) In addition, a person required to register as a lobbyist shall not:

(1) engage in any activity as a lobbyist before registering as such, except as set forth in Section 47-1003(a) ;

(2) knowingly deceive or attempt to deceive any legislator as to any fact pertaining to any pending or proposed legislation;

(3) cause or influence the introduction of any bill or amendment thereto for the purpose of thereafter being employed to secure its defeat;

(4) exercise any extortion or unlawful retaliation upon any legislator by reason of such legislator's position with respect to or his vote upon any pending or proposed legislation.

47-1007. Duties of Executive and Legislative Officials. Every official in the executive branch and every official in the legislative branch shall be responsible to notify the Secretary when he knows or has reason to believe that the provisions of Code Sections 47-1003, 47-1004, 47-1005 or 47-1006 have been violated. In addition, each such official shall notify the Secretary when he has reason to believe that any other official is conspiring or collaborating to violate any of these provisions or is participating in an effort to cover up or to prevent the disclosure of any such violation.

47-1008. Administration, (a) The administration of the pro visions of this Chapter shall be vested in the Secretary of State.

(b) The Secretary shall have the authority:

(1) to appoint a person as an assistant, and delegate such of his powers and duties hereunder to such assistant as he desires;

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JOURNAL OF THE SENATE,
(2) to issue subpoenas to compel any person to appear, give sworn testimony or produce documentary or other evidence.
(c) The Secretary shall have the following duties:
(1) to prescribe forms to be used in complying with the pro visions of this Chapter;
(2) to accept and file any information voluntarily supplied that exceeds the requirements of this Chapter;
(3) to develop a filing, coding and cross-indexing system con sonant with the purposes of this Chapter;
(4) to make each statement and report filed with it available for public inspection and copying during regular office hours at the expense of any person requesting copies at a charge of $5.00 per page;
(5) to preserve such statements and reports for a period of at least one year from the date of receipt;
(6) to determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this Chapter;
(7) to make investigations with respect to the statements and reports filed under the provisions of this Chapter, and with respect to alleged failure to file any statement or reports required under the provision of this Chapter, and, upon complaint by any person, with respect to alleged violation of any part of this Chapter;
(8) to conduct a preliminary investigation of the merits of a complaint when any person who believes that a violation of this Chapter has occurred files a complaint, and if no reasonable grounds to believe that a violation has occurred, the complaint shall be dis missed, subject to being reopened upon discovery of additional evidence or relevant material. If the Secretary determines that there are such reasonable grounds, he shall give notice summoning the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with the Georgia Administrative Procedure Act, as amended. The complain ant shall be given an acknowledgement and status report within ten days of registering said complaint and shall be given an estimate of the time required to complete said investigation. The Secretary, upon his own motion, may file a complaint charging violations of this Chapter, and any person aggrieved by the final decision of the Secretary is entitled to judicial review in accordance with the pro vision of the Administrative Procedure Act, as amended;
(9) to report suspected violations of law to the appropriate law enforcement authority;

WEDNESDAY, FEBRUARY 20, 1974

1947

(10) to issue orders, after the completion of appropriate pro ceedings, directing compliance with this Chapter, or prohibiting the actual or threatened commission of any conduct constituting a viola tion, which order may include a provision requiring the violator to cease and desist from committing further violations;

(11) to petition the Superior Court within the county where the hearing was or is being conducted for the enforcement of any order issued in connection with such hearing;

(12) to inspect each statement and report within ten days after filing and to notify the registrant immediately if it appears that such statement or report does not conform to the law, or that a written complaint has been filed alleging that such statement or report does not conform to law or to the truth, or that a person has failed to file a statement or report required by law;

(13) to report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time, the names, salaries and duties of all individuals employed and the funds disbursed, and to make such further report on the matters within his jurisdiction and such recommendations for further legislation as may appear desirable.

47-1009. False Communications. No person shall:

(a) Knowingly or willfully make any false statement or mis representation of the facts to a member of the legislative or execu tive branch of State government; or

(b) Knowing a document to contain a false statement, cause a copy of the document to be received by a member of the legisla tive or executive branch without notifying such member in writing of the truth.

47-1010. Contingent Fees. No person shall retain or employ another person to lobby for compensation contingent in whole or in part on the outcome of the matter or matters on which the lobbyist is paid to effect, and no person shall accept any employment or render any service for compensation contingent on the outcome of the matter or matters on which the lobbyist is paid to effect.

47-1011. Admission to Floors. No person who is registered or required to be registered under the provisions of this Chapter shall go on the floor of cither House of the General Assembly while that House is in session except on invitation of that House.

47-1012. Penalties, (a) Any person, as defined in this Chapter, who fails to comply with or who violates any of the provisions of Code Sections 47-1003, 47-1004, 47-1005, 47-1006, 47-1007, 47-1009, 47-1010, or 47-1011 shall be guilty of a misdemeanor to be punished by a fine not to exceed $1,000.

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(b) A person who receives compensation or reimbursement or makes an expenditure for lobbying and who fails to file the regis tration form or activities report required by this Chapter, in addi tion to any other penalty provided by law, shall pay to the State an amount equal to the compensation, reimbursement or expenditure.

47-1013. Enforcement, (a) The provisions of this Chapter may be enforced by the Attorney General.

(b) The Superior Courts of this State shall have original jur isdiction to issue an injunction or other order to enforce the provi sion of this Chapter on application by any citizen of this State.

47-1014. Severability of Provisions. In the event any section, subsection, sentence, clause or phrase of this Chapter 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 Chapter, which shall be and 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 thereof. The General Assembly hereby declares that it would have passed the remaining parts of this Chapter if it had known that such part or parts thereof would be declared or ad judged invalid or unconstitutional."

Section 2. Effective Date, (a) This Act shall become effective on January 1, 1976, if an amendment to the Constitution of the State of Georgia authorizing the General Assembly to regulate and disclose efforts to influence the executive and legislative branches of State gov ernment is ratified by the people of Georgia in the November 1974 general election.

(b) Any person who is a lobbyist, as defined by the provisions of this Act on the date on which this Act becomes effective, shall be con sidered to have become a lobbyist on the effective date of this Act.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 33, nays 0, and the 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 Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

WEDNESDAY, FEBRUARY 20, 1974

1949

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Hamilton

Herndon Hill Holloway Howard Jackson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Reynolds

Riley Rowan Salter Skene Sm alley Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Cleland Duncan Gillis (presiding) Henderson

Holley Hudgins Johnson Moore

Smith Summers Young

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 522. By Senators Kidd of the 25th, Zipperer of the 3rd and London of the 50th:
A bill to provide minimum salaries for ordinaries of the various counties within the State of Georgia, to be paid from county funds; to provide for longevity increases; to provide for additional minimum compensation for certain ordinaries.

The House amendment was as follows:

Amend SB 522 by adding another population bracket and changing line 3 to read:

"0--2,999 3,000--5,999

$3,600.00 $7,000.00".

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Senator Kidd of the 25th moved that the Senate agree to the House amend ment to SB 522.

On the motion, the ayes were 33, nays 0; the motion prevailed, and the House amendment to SB 522 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 535. By Senators Gillis of the 20th, McDuffie of the 19th and Summers of the 53rd:
A bill to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to change the amount of creditable service which a member must have to be eligible to retire.

The House substitute was as follows:
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, so as to change the amount of creditable service which a member must have to be eligible to retire; to change the provisions rela tive to reduction of benefits; to provide for other matters relative there to; to provide that this Act shall not become effective until funds are available to implement the provisions of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by striking paragraph (a) of subsection (1) of Section 5 in its entirety and inserting in lieu thereof a new paragraph (a) to read as follows:
"(a) Any member in service may retire upon written applica tion to the Board of Trustees provided that the said member at the time of retirement shall have attained the age of 60 years and shall have 10 years or more of creditable service, or shall have 35 years or more of creditable service if such person retires prior to July 1, 1974, or shall have 31 years or more of creditable service if such person retires on July 1, 1974, or at any time thereafter. The ef fective date of retirement will be the first of the month in which the application is received by the Board of Trustees; however, no

WEDNESDAY, FEBRUARY 20, 1974

1951

retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement."

Section 2. Said Act is further amended by striking paragraph (c) of subsection (2) of Section 5 in its entirety and substituting in lieu thereof a new paragraph (c) to read as follows:

"(c) In the case of the retirement of any member who has less than 35 years of creditable service, if such member retires prior to July 1, 1974, or less than 31 years of creditable service if such mem ber retires on or after July 1, 1974, or who has not attained the age of 62 years, the service allowance above described shall be reduced by 1/12 of S c/r for each month by which his age at the time of retire ment is below 62 years. The aforesaid reduction shall not apply in calculating the service allowance for disability retirement or death. Any retirement benefits or allowances provided or authorized by this Act shall not increase the employer contributions beyond the percentage rate of 9.00'/r of teachers' salaries."

Section 3. This Act shall not become effective until funds are available to implement the provisions of this Act.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Duncan of the 30th moved that the Senate agree to the House substi tute to SB 535.

On the motion, Senator Barker of the 18th called for the ayes and nays, and the call was sustained.

Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

.Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Cox Dean Doss

Duncan Eldridge Fincher Garrard Hamilton Herndon Hill Holloway Howard Jackson

Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby

1952
Parker Reynolds Riley Rowan Salter Skene

JOUKNAL OP THE SENATE,

Smalley Starr Stephens Summers Sutton Thompson

Ward Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Coverdell

Tysinger

Warren

Those not voting were Senators:

Cleland Gillis (presiding)

Henderson Holley

Hudgins Smith

On the motion to agree, the ayes were 47, nays 3; the motion prevailed, and the House substitute to SB 535 was agreed to.

The following bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 84. By Senator Stephens of the 36th:
A bill to amend Code Chapter 26-18, relating to theft, as amended, so as to change the penalty provisions relative to theft of services.

The Committee on Special Judiciary offered the following amendment:
Amend SB 84 by striking on Page 1, line 16, the following language:
"26-1806, and 26-1808 shall be punished as for a ", and inserting in lieu thereof the following:
"26-1806, 26-1808, 26-1815, and 26-1816 shall be punished as for a".

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

WEDNESDAY, FEBRUARY 20, 1974

1953

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean
Duncan
Eldridge
Garrard
Hamilton
Herndon
Holloway

Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill
Moore
Overby
Parker
Reynolds
Riley
Rowan

Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger
Ward
Warren
Wasden
Webb
Young
Zipperer

Those not voting were Senators:

Cleland Doss Fincher

Gillis (presiding) Henderson Hill

Holley Hudgins

On the passage of the bill, the ayes 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Starr of the 44th assumed the Chair.

SB 687. By Senator Johnson of the 38th:
A bill to provide for the continuation of community action agencies in the State of Georgia; to establish an administrative office for com munity assistance in the office of the Governor; to authorize appropria tions for community assistance on a matching basis with local govern ments.

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JOURNAL OF THE SENATE,

The Senate Committee on Economy, Reorganization & Efficiency in Gov ernment offered the following substitute to SB 687:

A BILL

To be entitled an Act to provide for the continuation of community action agencies in the State of Georgia; to establish an administrative office for community assistance in the Department of Labor; to authorize appropriations for community assistance on a matching basis with local governments; 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 Community Assistance Act of 1974".

Section 2. Definitions. Unless clearly indicated otherwise by the context, the following words, when used in this Act, shall have the meanings respectively ascribed in this Section:

(a) "Community Action Agency" means a currently existing public or private agency which has a social service delivery system and which is designated and recognized by the State or a county or comparable unit of general local government having a population of one hundred thousand (100,000) or more persons, or by a consortium of local govern ments within any Area Planning and Development Commission (APDC) boundary in the State.

(b) "Director" means the person appointed by the Commissioner of Labor to direct the Office of Community Assistance Administration established by this Act as a division of the Department of Labor.

(c) "Outreach" means staff capability to find, determine and evalu ate needs, furnish information, gather data, make referrals, secure transportation and assist clients to find existing resources or assist in developing needed resources.

(d) "Poverty Guideline" means the sliding scale of family incomes revised periodically and published as a poverty index by the Social Security Administration.

(e) "In Kind" means the required matching contribution in goods, space or service.

Section 3. Statement of Purpose. It is the purpose of this Act to continue a flexible and decentralized system of State, regional and local programs providing community services for the economically disadvantaged and other eligible persons; and to provide the fiscal support needed to assure the continuation of Community Action Agencies as grantees for Federal and other monies which might otherwise be lost to the State.

WEDNESDAY, FEBRUARY 20, 1974

1955

Section 4. Administration of Act. For purposes of administration, the office of community assistance shall be established in the Depart ment of Labor.
Section 5. Authorization of Appropriations. To carry out the provisions of this Act, a sum of $2.5 million is appropriated for the fiscal year ending June 30, 1975, with no more than 10 percent to be used for administration by the director of the office of community assistance.
Section 6. Allocation of Funds, (a) Monies appropriated under this Act shall be allocated by contract among the Community Action Agencies by the director. Such allocations shall be prorated on the basis of the number of persons in each service area whose incomes fall below the poverty guidelines. The director shall provide for an equitable dis tribution of funds between urban and rural areas, taking into considera tion population and level of need. Allocations must be matched by coun ties or other units of local government in cash and in kind at a minimum of 20 percent of the contract to the agency, with cash no less than 10 per cent of the contract.
(b) The director shall allocate a portion of these funds to establish and maintain Community Action Agencies, according to the terms of this Act, in areas where no community action agencies currently exist.
(c) Expenditure of these funds by Community Action Agencies shall be as outlined in work programs submitted to and approved by the direc tor.
(d) No funds may be allocated to any Community Action Agency which does not have a policy guaranteeing nondiscrimination in the delivery of services.
(e) No funds may be allocated to any Community Action Agency, whether public or private, which does not have a policy-making board of directors. Such boards must be made up of no- less than one-third of the client group and no more than one-third public officials.
(f) The appropriations provided in this Act will not be disbursed in the event that Congress appropriates, and the President approves, direct funding to Community Action Agencies to continue their current operations. Monies not disbursed will revert to the general fund of the State.
Section 7. Authorized Activities, (a) Each Community Action Agency shall use funds available to it under this Act and other sources for the planning, operation, outreach, and evaluation of a variety of community service programs designed to assist economically disadvantaged and other persons in the State of Georgia to achieve self-suf ficiency. Such activities will include the operation of decentralized, multi purpose neighborhood service centers for service delivery and referral. Community Action Agencies shall continue a coordinating role in the community and shall fill in service gaps without duplication of effort according to local conditions and needs.

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JOURNAL OF THE SENATE,

(b) Each Community Action Agency shall have authority to become prime sponsor for administering, operating and otherwise contracting for social service programs; provided, however, that no such agency shall be authorized under this Act to receive and disburse funds from any source which would create a duplication of services resulting in less effective utilization of funds available or where the intended function or functions is being performed or has been authorized to be performed by any State or local governmental agency.

(c) Community Action Agencies, in the conduct of programs, shall provide employment opportunities to residents of the area and members of the groups served.

(d) Work plans submitted to the director must be approved in advance by the counties or local governments described in Section 2.

(e) A plan submitted in accordance with this Act may be disap proved or a prior designation of a prime sponsor may be withdrawn only if the director has provided a written notice of intent to disapprove, in cluding a statement of valid reasons for this action; and has allowed a reasonable period of time to submit corrective amendments in order for funding to be approved.

(f) The director must provide an appeal process to be used in the event an agency's funding is not approved. The Commissioner of Labor has final authority to restore or withhold funding.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Johnson of the 38th offered the following amendment:

Amend the committee substitute to SB 687 by deleting Section 5 in its entirety and Section 6F in its entirety.
On the adoption of the amendment, the ayes were 3'7, nays 0, and the amend ment to the committee substitute was adopted.
On the adoption of the substitute, the ayes were 33, nays 1, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

WEDNESDAY, FEBRUARY 20, 1974

1957

Those voting in the affirmative were Senators:

Ballard Broun of 46th Brown of 47th
Carter Coggin Cox Dean Duncan Eldridge Gillis Holloway

Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore

Overby Parker Reynolds Riley Salter Stephens Sutton Ward Wasden Webb Young

Those voting in the negative were Senators:

Barker Bell Coverdell Doss Fincher Garrard

Hamilton Herndon Langford Skene Smalley

Smith Summers Thompson Tysinger Warren

Those not voting were Senators:

Cleland Henderson Hill

Holley Rowan

Starr (presiding) Zipperer

On the passage of the bill, the ayes were 33, nays 16.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Herndon of the 10th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 687.

The following resolution of the Senate, having been defeated on February 14 and reconsidered on February 15, was put upon its adoption:

SR 305. By Senator Hudgins of the 15th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; to change the de-

1958

JOURNAL OF THE SENATE,

finition of the term "disabled veteran"; to provide for a homestead ex emption for the unremarried widow or minor children of certain dis abled veterans; 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 Constitution is hereby amended by striking the seventh paragraph of Article VII, Section I, Paragraph IV in its entirety and inserting in lieu thereof a new seventh paragraph, to read as follows:

"Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $17,500.00 on his homestead which he owns and which he actually oc cupies 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 wheelchair, 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. The unremarried widow or minor children of any such disabled veteran, as defined herein, shall also be entitled to an exemption of $17,500.00 on the homestead so long as the unremarried widow or minor children continue to actually occupy the home as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal and school purposes. The State Revenue Commissioner is hereby au thorized and directed to notify each tax collector, tax receiver and tax commissioner in this State in the event this amendment to the Constitution is ratified by the electorate. The exemption provided for herein shall apply to all taxable years beginning after December
31, 1974."

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 in crease the homestead exemption for disabled veterans who have been disabled as a result of

WEDNESDAY, FEBRUARY 20, 1974

1959

( ) NO

service in the armed forces, due to loss, or loss of use, of both lower extremities, such as to preelude locomotion without the aid of braces, crutch es, canes, or a wheelchair, 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 and to provide for a homestead exemption equal to the homestead exemption received by the veteran during his lifetime for the unre married widow or minor children of any such veteran so long as the unremarried widow or minor children continue to actually occupy the home as a residence and homestead?"

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.

On the adoption of the resolution, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Broun of 46th Brown of 47th Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Herndon

Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Salter Skene Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Smalley.

1960

JOURNAL OP THE SENATE,

Those not voting were Senators:

Ballard Barker Carter Cleland

Henderson Hill Holley Hudgins

Rowan Smith Starr (presiding)

On the adoption of the resolution, the ayes were 44, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

The following resolution of the Senate was read and adopted:

SR 417. By Senator Coggin of the 35th: A resolution recommending that the Sanford Stadium be renamed as Sanford-Butts Stadium.
The following reports of standing committees were read by the Secretary:

Senator Lester of the 23rd District, Chairman of the Committee on Institu tions and Mental Health, submitted the following report:
Mr. President:
Your Committee on Institutions and Mental Health has had under considera tion the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1996. Do pass.
Respectfully submitted, Lester of 23rd District, Chairman.

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
Mr. President:
Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following bill of the House and has instructed

WEDNESDAY, FEBRUARY 20, 1974

1961

me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1589. Do pass.
Respectfully submitted, Kidd of 25th District, Chairman.

Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special 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 1741. Do pass. HB 1742. Do pass. HB 1885. Do pass.
Respectfully submitted, Cox of 21st District, Chairman.

Senator Smith of the 34th 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 recommendation:
HB 1622. Do pass.
Respectfully submitted, Smith of 34th District, Chairman.

The following bills of the House were read the second time:
HB 1589. By Mr. Townsend of the 24th: A bill relative to unlawful discrimination practices; to provide for a declaration of policy; to provide for definitions.

1962

JOURNAL OF THE SENATE,

HB 1741. By Messrs. Howard of the 19th, Adams of the 14th and others:
A bill to provide that before an indictment against a peace officer charging such officer with a crime which is alleged to have occurred while he was in the performance of his duties shall be laid before a grand jury, the rights provided in Code Section 89-9908, relating to certain officials, shall be afforded such officer, and such officer shall be notified of such contemplated action by the district attorney of the county wherein the grand jury shall convene.

HB 1742, By Mr. Howard of the 19th and others:
A bill to make it unlawful for any person to solicit or accept a fee, consideration or donation, or to offer for sale or to sell advertising as as representative of a peace officer organization, or under the guise of representing a peace officer organization, unless such person is employed by, or acting pursuant to the authority of, or is a member of such organization.

HB 1885. By Mr. Howard of the 19th:
A bill to amend Code Section 27-102, relating to the officials who may issue warrants for arrest, so as to provide that any warrant for the arrest of a peace officer for any offense alleged to have been committed while in the performance of his duties may be issued only by a judge of a State court, or, in certain instances, a judge of a court of ordinary.

HB 1996. By Mrs. Hamilton of the 31st and Mr. Daugherty of the 33rd:
A bill to amend Code Chapter 88-18, relating to Hospital Authorities, so as to authorize the State of Georgia to make grants to hospital authorities; to provide that the Department of Human Resources shall administer such grants.

HB 1622. By Messrs. McDonald of the 12th and Murphy of the 18th:
A bill to amend an Act providing for the registration of trademarks, so as to change the provisions relating to registration of trademarks or service marks and grounds for refusal.

Senator Starr of the 44th, who was presiding, announced the Senate would stand in recess from 1:05 o'clock P.M. until 2:15 o'clock P.M.

At 2:15 o'clock Senator Starr of the 44th called the Senate to order.

WEDNESDAY, FEBRUARY 20, 1974

1963

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:

HR 591. By Mr. Harrison of the 116th and others: A resolution authorizing the conveyance of certain property in the City of Jesup, Wayne County, Georgia, to the Hospital Authority of Wayne County.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 2062. By Mr. Connell of the 80th: A bill to amend an Act creating a Board of Commissioners of Richmond County, so as to add one additional member to the Board of Com missioners.
HB 2079. By Messrs. Harris, Roach and Thomason of the 8th: A bill to amend an Act placing the coroner of Bartow County upon an annual salary, so as to change the compensation of the coroner.
HB 2080. By Messrs. Harris, Roach and Thomason of the 8th: A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the mileage allowance of the sheriff of Bartow County.

HB 2081. By Messrs. Twiggs and Colwell of the 4th:
A bill to reincorporate the City of Dillard in the County of Rabun; to create a new charter for said city.

HB 2082. By Messrs. Twiggs and Colwell of the 4th:
A bill to amend an Act placing the Sheriff of Gilmer County on a salary system in lieu of the fee system.

1964

JOURNAL OP THE SENATE,

HB 2083. By Messrs. Twiggs and Colwell of the 4th:
A bill to amend an Act creating a County Commissioner of Gilmer County, so as to change the compensation of the County Commissioner.

HB 2084. By Messrs. Twiggs and Colwell of the 4th:
A bill to amend an Act abolishing the fee system of compensation for the Ordinary of Gilmer County and providing in lieu thereof an annual salary.

HB 2085. By Messrs. Twiggs and Colwell of the 4th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gilmer County into the office of Tax Commissioner.

HB 2086. By Mr. Toles of the 16th and others:
A bill to amend an Act to reincorporate the City of Cave Spring in the County of Floyd, so as to provide for councilmen to be elected to seats on the city council.

HB 2087. By Mr. Karrh of the 91st:
A bill to amend an Act placing the Sheriff of Jenkins County on a salary, so as to change the compensation provisions relating to the deputy sheriff.

HB 2088. By Mr. Ross of the 72nd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County, so as to change the salary of the Chairman of the Board of Commissioners.

HB 2089. By Mr. Pinkston and others of the 89th:
A bill to amend an Act reenacting the Charter of the City of Macon, so as to provide that title and possession of all property and assets under the control or jurisdiction of the Board of Water Commissioners of the City of Macon be transferred to the Macon-Bibb County Water and Sewerage Authority.

HB 2090. By Messrs. Castleberry of the 96th and Edwards of the 95th: A bill to provide for the salary of the Sheriff of Chattahoochee County.

WEDNESDAY, FEBRUARY 20, 1974

1965

HB 2091. By Mr. Castleberry of the 96th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Webster County, known as the fee system.

HB 2092. By Mr. McDonald of the 12th:
A bill to amend an Act incorporating the Town of Braselton in the County of Jackson, so as to authorize the Town of Braselton to contract for the purchase of utility services for the purpose of resale of such services.

HB 2093. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act incorporating the City of Snellville, so as to change the provisions relative to filling vacancies.

HB 2094. By Messrs. Lewis and McCracken of the 77th and others:
A bill to amend an Act abolishing the present mode of compensating the Tax Commissioner of Burke County.

HB 2095. By Mr. Brown of the 67th and others:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of Superior Court of Fayette County and providing an annual salary.

HB 2096. By Messrs. Strickland and Harrison of the 116th:
A bill to amend an Act creating the Board of Commissioners of Wayne County, so as to change the compensation of the members of said board.

HB 2097. By Messrs. Larsen and Jessup of the 102nd: A bill to amend an Act creating a new charter for the City of Dublin, so as to delete therefrom the requirement that property be returned in the city for taxation.
HB 2098. By Messrs. Strickland and Harrison of the 116th: A bill to amend an Act establishing a Small Claims Court for Appling County, so as to change the term of office of judges of said court.

1966

JOURNAL OP THE SENATE,

HB 2101. By Messrs. Triplett of the lllth, Chance of the 112th and others:
A bill to amend an Act establishing a new charter for Garden City, so as to extend the corporate limits of said city and annex and incorporate certain additional land into said city.

HB 2102. By Messrs. Colwell and Twiggs of the 4th:
A bill to provide that it shall be unlawful to hunt or trap wild animals in Fannin, Union and Towns Counties by the use of steel traps or other devices left unattended.

HB 2103. By Messrs. Colemen, Larsen and Jessup of the 102nd:
A bill to amend an Act changing the Sheriff and Clerk of Superior Court of Dodge County from a fee system to the salary system of compensation.

HB 2104. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act creating the Office of Commissioner of Dodge County, so as to change the provisions relating to the compensation of the Clerk of the Commissioner.

HB 2105. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act changing the compensation of the Ordinary of Dodge County from the fee and salary system to the salary system exclusively.

HB 2106. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act creating the office of the Tax Commissioner of Dodge County, so as to authorize the tax commissioner to employ two clerks.

HB 1279. By Mr. Evans of the 89th:
A bill to amend the Uniform Act Regulating Traffic on Highways, so as to allow certain persons convicted of operating motor vehicles under the influence of intoxicating liquor or drugs to operate motor vehicles while engaged in their employment.

The following bills and resolution of the House were read the first time and referred to committees:

WEDNESDAY, FEBRUARY 20, 1974

1967

HB 1695. By Mr. Snow of the 1st and others:
A bill to amend Code Section 26-2502, relating to the crime of aiding escape, so as to change the penalties for aiding escape; to provide that a person who, while armed with a dangerous weapon, aids another to escape from lawful custody or from any place of lawful confinement shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than 10 years.
Referred to Committee on Panel and Correctional Affairs.

HB 2062. By Mr. Connell of the 80th:
A bill to amend an Act creating a Board of Commissioners of Richmond County, so as to add one additional member to the Board of Com missioners who shall be the chairman of the Board.
Referred to Committee on County and Urban Affairs.

HB 2079. By Messrs. Harris, Roach and Thomason of the 8th:
A bill to amend an Act placing the coroner of Bartow County upon an annual salary, so as to change the compensation of the coroner.
Referred to Committee on County and Urban Affairs.

HB 2080. By Messrs. Harris, Roach and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the mileage allowance of the sheriff of Bartow County.
Referred to Committee on County and Urban Affairs.

HB 2081. By Messrs. Twiggs and Colwell of the 4th:
A bill to reincorporate the City of Dillard in the County of Rabun; to create a new charter for said city.
Referred to Committee on County and Urban Affairs.

HB 2082. By Messrs. Twiggs and Colwell of the 4th:
A bill to amend an Act placing the Sheriff of Gilmer County on a salary system in lieu of the fee system, so as to change the compensation of the Sheriff of Gilmer County.
Referred to Committee on County and Urban Affairs.

1968

JOURNAL OF THE SENATE,

HB 2083. By Messrs. Twiggs and Colwell of the 4th:
A bill to amend an Act creating a County Commissioner of Gilmer County, so as to change the compensation of the County Commissioner.
Referred to Committee on County and Urban Affairs.

HB 2084. By Messrs. Twiggs and Colwell of the 4th:
A bill to amend an Act abolishing the fee system of compensation for the Ordinary of Gilmer County and providing in lieu thereof an annual salary, so as to change the compensation of the Ordinary of Gilmer County.
Referred to Committee on County and Urban Affairs.

HB 2085. By Messrs. Twiggs and Colwell of the 4th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Gilmer County into the office of Tax Commissioner, so as to change the compensation of the deputy tax commissioner.
Referred to Committee on County and Urban Affairs.

HB 2086. By Messrs. Toles of the 16th, Adams of the 14th and Lowrey of the 15th:
A bill to amend an Act to reincorporate the City of Cave Spring in the County of Floyd, so as to provide for councilmen to be elected to seats on the city council.
Referred to Committee on County and Urban Affairs.

HB 2087. By Mr. Karrh of the 91st:
A bill to amend an Act placing the Sheriff of Jenkins County on a salary, so as to change the compensation provisions relating to the deputy sheriff.
Referred to Committee on County and Urban Affairs.

HB 2088. By Mr. Ross of the 72nd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County, so as to change the salary of the Chairman of the Board of Commissioners.
Referred to Committee on County and Urban Affairs.

WEDNESDAY, FEBRUARY 20, 1974

1969

HB 2089. By Messrs. Pinkston, Dickey, Berlin, Evans, Brown and Coney of the 89th:
A bill to amend an Act reenacting the Charter of the City of Macon, so as to provide that title and possession of all property and assets, real and personal, under the control or jurisdiction of the Board of Water Commissioners of the City of Macon, or utilized by the Board of Water Commissioners in its water and sanitary sewerage activities whether title thereto is vested in the Board of Water Commissioners or in the City of Macon, be transferred assigned, conveyed and de livered to the Macon-Bibb County Water and Sewerage Authority.
Referred to Committee on County and Urban Affairs.

HB 2090. By Messrs. Castleberry of the 96th and Edwards of the 95th: A bill to provide for the salary of the Sheriff of Chattahoochee County.
Referred to Committee on County and Urban Affairs.

HB 2091. By Mr. Castleberry of the 96th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Webster County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on County and Urban Affairs.

HB 2092. By Mr. McDonald of the 12th:
A bill to amend an Act incorporating the Town of Braselton in the County of Jackson, so as to authorize the Town of Braselton to contract for the purchase of utility services for the purpose of the resale of such services.
Referred to Committee on County and Urban Affairs.

HB 2093. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act incorporating the City of Snellville, so as to change the provisions relative to filling vacancies.
Referred to Committee on County and Urban Affairs.

HB 2094. By Messrs. Lewis and McCracken of the 77th, Lane and Nessmith of the 76th:
A bill to amend an Act abolishing the present mode of compensating the Tax Commissioner of Burke County, so as to change the compensa tion provisions relating to the tax commissioner.
Referred to Committee on County and Urban Affairs.

1970

JOURNAL OF THE SENATE,

HB 2095. By Messrs. Brown of the 67th, Johnson and Bailey of the 68th and Carlisle of the 67th:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of Superior Court of Payette County and providing an annual salary, so as to change the compensation of the clerk of the superior court.
Referred to Committee on County and Urban Affairs.

HB 2096. By Messrs. Strickland and Harrison of the 116th:
A bill to amend an Act creating the Board of Commissioners of Wayne County, so as to change the compensation of the members of said board.
Referred to Committee on County and Urban Affairs.

HB 2097. By Messrs. Larsen and Jessup of the 102nd:
A bill to amend an Act creating a new charter for the City of Dublin, so as to delete therefrom the requirement that property be returned in the city for taxation.
Referred to Committee on County and Urban Affairs.

HB 2098. By Messrs. Strickland and Harrison of the 116th:
A bill to amend an Act establishing a Small Claims Court for Appling County, so as to change the term of office of judges of said court.
Referred to Committee on County and Urban Affairs.

HB 2101. By Messrs. Triplett of the lllth, Chance of the 112th, Gignilliat of the 105th and others:
A bill to amend an Act establishing a new charter for Garden City, so as to extend the corporate limits of said city and annex and incorporate certain additional land into said city.
Referred to Committee on County and Urban Affairs.

HB 2102. By Messrs. Colwell and Twiggs of the 4th:
A bill to provide that it shall be unlawful to hunt or trap or attempt to hunt or trap wild animals in Fannin, Union and Towns Counties by the use of steel traps or other devices left unattended when such traps or devices could injure, harm or endanger domestic or farm animals.
Referred to Committee on County and Urban Affairs.

WEDNESDAY, FEBRUARY 20, 1974

1971

HB 2103. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act changing the Sheriff and Clerk of Superior Court of Dodge County from a fee system to the salary system of compensation, so as to change the title of the deputy sheriff charged with certain duties relating to taxation to the special deputy sheriff and clerk.
Referred to Committee on County and Urban Affairs.

HB 2104. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act creating the office of Commissioner of Dodge County, so as to change the provisions relating to the compensation of the Clerk of the Commissioner of Dodge County.
Referred to Committee on County and Urban Affairs.

HB 2105. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act changing the compensation of the Ordinary of Dodge County from the fee and salary system to the salary system exclusively, so as to change the provisions relating to the compensation of the clerk of the ordinary.
Referred to Committee on County and Urban Affairs.

HB 2106. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act creating the office of the Tax Commissioner of Dodge County, so as to authorize the tax commissioner to employ two clerks.
Referred to Committee on County and Urban Affairs.

HR 591. By Mr. Harrison of the 116th and others:
A resolution authorizing the conveyance of certain property in the City of Jesup, Wayne County, Georgia, to the Hospital Authority of Wayne County.
Referred to Committee on Public Utilities and Transportation.

The following resolutions of the Senate were read and adopted:

SR 419. By Senator Cleland of the 55th:
A resolution urging the Governor to install and maintain a "Flame of Unity".

1972

JOURNAL OP THE SENATE,

SR 420. By Senator Cleland of the 55th: A resolution commending VFVf Post 4706.

SR 421. By Senator Cleland of the 55th: A resolution commending Mr. Bill Daniel.

The following bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1419. By Mr. Ritchie of the llth:
A bill to amend Code Section 88-1802, relating to definitions used in the law regarding hospital authorities, as amended, so as to clarify the meaning of the term "project".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Eldridge Garrard Gillis Hamilton

Herndon Holley. Holloway Hudgins Jackson Johnson Kennedy Kidd Langford London McGill Moore Overby Parker

Reynolds Rowan Salter Skene Smalley Smith Stephens Sutton Thompson Tysinger Warren Webb Young Zipperer

Voting in the negative were Senators Doss and Summers.

WEDNESDAY, FEBRUARY 20, 1974

1973

Those not voting were Senators:

Duncan Fincher Henderson Hill

Howard Lester McDuffie Riley

Starr (presiding) Ward Wasden

On the passage of the bill, the ayes were 43, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 135. By Senator Smalley of the 28th:
A bill to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide for expenses of the judge of the juvenile court; to provide for renumbering certain Sections and subsections of the Code.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide for expenses of the judge of the juvenile court; to provide for renumbering certain sections and subsec tions of the Code; to provide for the transfer of questions involving the determination of custody and support of children in certain cases; to provide that a probation officer may not conduct accusatory proceed ings against a child who is or may be under his care or supervision; to provide for a time limit for certain hearings; to provide for the record ing of proceedings; to provide that the judge may request the assistance of the district attorney or a member of his staff to conduct certain proceedings in the juvenile court; to provide for the appointment of legal counsel in certain circumstances; to provide that the two-year time limitation on the continuance in force of certain orders shall not apply to orders involving the appointment of a guardian of the person or property of a child; to provide that reasonable compensation for serv ices and related expenses of counsel appointed by the court, where ap pointed by the court to represent the child and when appointed by the court to conduct the proceedings, shall be a charge upon the funds of the county upon certification thereof by the court; to provide for other matters relative to the foregoing; to provide an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

1974

JOURNAL OF THE SENATE,

Section 1. Code Title 24A, the Juvenile Court Code of Georgia, is hereby amended by adding at the end of subsection (e) of Code Sec tion 24A-201, relating to the creation of juvenile courts, the following:

"The Board of Commissioners or the governing authority of the county in which such court is located, at any meeting, may provide for the reimbursement to the judge of said juvenile court for expenses incurred while on court business outside the jurisdic tion of the court.",

so that when so amended subsection (e) shall read as follows:

"(e) Except as provided in this Code, the judge or a majority of the judges of the superior court circuit presiding over the county wherein a juvenile court is established by this Code shall appoint the judge or judges of the juvenile court for a term of six years and shall fix the compensation except in those counties wherein the salary of the judge is fixed by legislative Act. No person shall be judge of the juvenile court unless, at the time of his appointment, he shall have attained the age of 30 years, shall have been a citizen of the State three years, and shall have practiced law for three years. In the event more than one juvenile court judge is appointed, one shall be designated presiding judge: Provided, that those judges who were serving in established juvenile courts as of December 31, 1970, shall continue to serve as judges of the said courts until the expiration of the term of office to which they were appointed under the Juvenile Court Act of 1951, as amended. The judge shall be eligible for reappointment. The salary of the juvenile court judge shall be paid out of county funds. The Board of Commissioners or the governing authority of the county in which such court is lo cated, at any meeting, may provide for the reimbursement to the judge of said juvenile court for expenses incurred while on court business outside ahe jurisdiction of the court."

Section 2. Code Title 24A, the Juvenile Court Code of Georgia, is further amended by inserting prior to the first sentence of Code Sec tion 24A-302, relating to appointment of guardian and jurisdiction over custody cases, the following:
"(a)",

and by striking from said Section the following: "Provided, that",
and inserting in lieu thereof the following: "Any",

and by adding thereto a new subsection, to be known as subsection (b), to read as follows:
"(b) Courts of record in handling divorce, alimony, or habeas

WEDNESDAY, FEBRUARY 20, 1974

1975

corpus cases involving the custody of a child or children, may trans fer the question of the determination of custody and support to the juvenile court for investigation and report back to the superior court or for investigation and determination. If the referral is for investigation and determination, then the juvenile court then shall proceed to handle the matter in the same manner as though the action originated under this Code, in compliance with the order of the superior court. At any time prior to the determination of such question, the juvenile court may transfer the jurisdiction of such question back to the referring superior court.",

so that when so amended Code Section 24A-302 shall read as follows:

"24A-302. Appointment of Guardian; Jurisdiction over Cus tody Cases, (a) The court is hereby vested with jurisdiction to ap point a guardian of the person or property of any child, and with jurisdiction over proceedings involving any child whose custody is the subject of controversy. Any such appointment shall be made pursuant to the same requirements of notice and hearing as are provided for appointments of guardians of the persons and prop erties of minors by the Ordinary.

(b) Courts of record in handling divorce, alimony, or habeas corpus cases involving the custody of a child or children, may trans fer the question of the determination of custody and support to the juvenile court for investigation and report back to the supe rior court. If the referral is for investigation and determination, then the juvenile court then shall proceed to handle the matter in the same manner as though the action originated under this Code, in compliance with the order of the superior court. At any time prior to the determination of such question, the juvenile court may transfer the jurisdiction of such question back to the referring superior court."

Section 3. Code Title 24A, the Juvenile Court Code of Georgia, is further amended by adding to the last sentence of subsection (e) of Code Section 24A-602 the following:

"against a child who is or may be under his care or super vision",

so that when so amended subsection (e) shall read as follows:
"(e) take into custody and detain a child who is under his su pervision or care as a delinquent, unruly or deprived child if the probation officer has reasonable cause to believe that the child's health or safety or that of another is in imminent danger, or that he may abscond or be removed from the jurisdiction of the court, or when ordered by the court pursuant to this Code. A probation officer may not conduct accusatory proceedings against a child who is or may be under his care or supervision;".

Section 4. Code Title 24A, the Juvenile Court Code of Georgia, is

1976

JOURNAL OF THE SENATE,

further amended by striking from the second sentence of subsection (a) of Code Section 24A-1701 the following:
"less",

and inserting in lieu thereof the following:
"later",
so that when so amended subsection (a) shall read as follows:
"(a) After the petition has been filed the court shall fix a time for hearing thereon, which, if the child is in detention, shall not be later than 10 days after the filing of the petition. In the event said child is not in detention then the court shall fix a time for hearing thereon which shall be not later than 60 days from the date of the filing of said petition. The court shall direct the issuance of a summons to the parents, guardian, or other custodian, a guardian ad litem, and any other persons as appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the al legations of the petition. The summons shall also be directed to the child if he is 14 or more years of age or is alleged to be a delinquent or unruly child. A copy of the petition shall accompany the sum mons unless the summons is served by publication in which case the published summons shall indicate the general nature of the allegations and where a copy of the petition can be obtained."
Section 5. Code Title 24A, the Juvenile Court Code of Georgia, is further amended by striking subsection (b) of Code Section 24A-1801, relating to conduct of hearings, in its entirety and inserting in lieu thereof a new subsection (b), to read as follows:
"(b) Unless waived by the juvenile and his parent, guardian or attorney, the proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means.",
and by adding at the end thereof a new subsection, to be designated subsection (d), to read as follows:
"(d) In any proceeding before the juvenile court, the judge, upon his own motion, may request the assistance of the district at torney or a member of his staff to conduct the proceedings on be half of the petitioner. If for any reason the district attorney is unable to assist, then the judge may appoint legal counsel for said purpose.",
so that when so amended Code Section 24A-1801 shall read as follows:
"24A-1801. Conduct of Hearings.
(a) All hearings shall be conducted by the court without a jar.'. Any hearing may be adjourned from time to time within the

WEDNESDAY, FEBRUARY 20, 1974

1977

discretion of the court as set forth in subsection (e) of Section 24 A2201.

(b) Unless wavied by the juvenile and his parent, guardian or attorney, the proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means.

(c) The general public shall be excluded from hearings in volving delinquency, deprivation or unruliness. Only the parties, their counsel, witnesses, and other persons accompanying a party for his assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his delinquency or unruly conduct are being heard.

(d) In any proceeding before the juvenile court, the judge, upon his own motion, may request the assistance of the district attorney or a member of his staff to conduct the proceedings on behalf of the petitioner. If for any reason the district attorney is unable to assist, then the judge may appoint legal counsel for said purpose."

Section 6. Code Title 24A, the Juvenile Court Code of Georgia, is further amended by adding to subsection (c) of Code Section 24A-2701, relating to limitations of time on orders of disposition, following the words "unruliness and deprivation" the following:

"except in an order involving the appointment of a guardian of the person or property of a child",

so that when so amended subsection (c) shall read as follows:

"(c) Any other order of disposition in a proceeding involving delinquency, unruliness and deprivation except in an order involving the appointment of a guardian of the person or property of a child continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if:

(1) a hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion;

(2) reasonable notice of the factual basis of the motion, of the hearing and opportunity to be heard are given to the parties af fected ;

(3) the court finds that the extension is necessary to ac complish the purposes of the order extended; and

(4) the extension does not exceed two years from the expira tion of prior order."

1978

JOURNAL OF THE SENATE,

Section 7. Code Title 24A, the Juvenile Court Code of Georgia, is further amended by striking from the first Section of Code Chapter 24A-32, relating to termination of parental rights, which Section is currently designated as Section 24-3201, the following:

"24-3201",

and inserting in lieu thereof the following: "24A-3201",

and by striking therefrom the following: "(a) the parent has abandoned the child;",
and inserting in lieu thereof the following: "(1) the parent has abandoned the child;",
so that when so amended the first Section of Code Chapter 24A-32 shall be redesignated as Code Section 24A-3201 and shall read as follows:
"24A-3201. Termination of Parental Rights.

(a) The court by order may terminate the parental rights of a parent with respect to his child if:

(1) the parent has abandoned the child;

(2) the child is a deprived child and the court finds that the conditions and causes of the deprivation are likely to continue or will not be remedied and that by reason thereof the child is suf fering or will probably suffer serious physical, mental, moral, or emotional harm;

(3! ) the written consent of the parent acknowledged before the court has been given; or

(4) a decree has been entered by a court of competent juris diction of this or any other state ordering the parent, guardian or other custodian to support the child and the said parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer.

(b) If the court does not make an order of termination of parental rights it may grant an order under Section 24A-2301 if the court finds from clear and convincing evidence that the child is a deprived child."

Section 8. Code Title 24A, the Juvenile Court Code of Georgia, is

WEDNESDAY, FEBRUARY 20, 1974

1979

further amended by striking from paragraph (3) of Code Section 24 A3401 (a), relating to costs and expenses for care of child, the following:

"court;",

and by inserting in lieu thereof the following:

"court, where appointed by the court to represent the child and when appointed by the court to conduct the proceedings;",

so that when so amended subsection (a) of Code Section 24A-3401 shall read as follows:

"(a) The following expenses shall be a charge upon the funds of the county upon certification thereof by the court;

(1) the cost of medical and other examinations and treatment of a child ordered by the court;

(2) the cost of care and support of a child committed by the court to the legal custody of an individual or a public or private agency other than the Department of Family and Children Services (but the court may order supplemental payments, if such be neces sary or desirable) ;

(3) reasonable compensation for services and related expenses of counsel appointed by the court, where appointed by the court to represent the child and when appointed by the court to conduct the proceedings;

(4) reasonable compensation for a guardian ad litem;

(5) the expense of service of summons, notices, subpoenas, travel expense of witnesses, transportation and subsistence and detention of the child, and other like expenses incurred in the proceedings under this Code."

Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Smalley of the 28th offered the following amendment to the House substitute to SB 135:
Amend House Substitute to SB 135 by adding a Section to be known as Section 9 and renumbering Sections 9 & 10 as Sections 10 & 11.
"Section 9. Code Title 24A, the Juvenile Court Code of Geor-

1980

JOURNAL OF THE SENATE,

gia, is further amended by striking from subsection (a) of Code Section 24A-3701, relating to appointment of a judge pro tempore, the following:
"(a)",

and by striking from said subsection the following: "which would have been",

and by striking subsection (b) of said Code Section in its entirety, so that when so amended Code Section 24A-3701 shall read as follows: follows:

"24A-3701. Appointment of Judge Pro Tempore.

In the event of the disqualification, illness, or absence of the judge of the juvenile court, the judge of the juvenile court may appoint any attorney at law resident in said county, to serve as judge pro tempore of said juvenile court, and in the event he is ab sent or unable to make such appointment, the judge of the superior court of that county may so appoint, and such person so appointed shall have the authority to preside in the stead of said disqualified, ill, or absent judge, and shall be paid from the county treasury such emolument as the appointing judge shall prescribe: Provided, how ever, said emolument shall not exceed the compensation received by the regular juvenile court judge for such services."

Senator Smalley of the 28th moved that the Senate agree to the House substitute as amended by the Senate.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the House substitute to SB 135 as amended by the Senate 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 1431. By Messrs. Shanahan of the 7th, Colwell of the 4th and others:
A bill to amend an Act known as the "Georgia Electrical Contractors Act", so as to change the provisions relative to the issuance of licenses without examination.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 20, 1974

1981

On the passage of the bill, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard

Hamilton Herndon Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Salter Skene Smalley Smith Stephens Summers Sutton Thompson Tysinger Wasden Webb Young Zipperer

Voting in the negative was Senator Warren.

Those not voting were Senators:

Pincher Gillis Henderson Hill

Holley Holloway Johnson

Rowan Starr (presiding) Ward

On the passage of the bill, the ayes were 45, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1614. By Mr. Ellis of the 107th and others:
A bill to provide definitions; to provide for a declaration of purpose: to create a Motor Vehicle Commission; to provide for the licensing of motor vehicle manufacturers, factory branches and divisions, factory representatives, distributors, distribution branches and divisions; dis tribution representatives, wholesalers, wholesaler's branches and divi sions.

The Committee on Public Utilities and Transportation offered the following amendment:

1982

JOURNAL OF THE SENATE,

Amend HB 1614 by striking on Page 5, lines 9 and 10, and substi tuting in lieu thereof the following:

"dealers (three of whom must be automobile dealers) who have been actively engaged in business as such in the State of Georgia for at least five years; provided that no two (2) of such dealers".

By striking on Page 15, lines 15 through 34, and on Page 16, lines 1 through 11, and substituting in lieu thereof the following:

"(7) For a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or divi sion, factory representative or distributor representative to grant an additional franchise for a particular line-make of motor vehicle in any community or territory where a present franchised motor vehicle dealer is complying with the franchise or selling agreement and is providing adequate representation in the community or ter ritory. The burden of proof in showing inadequate representation shall be on the manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative."

By adding at the end of Section 5 a new subsection (f), to read as follows:

"(f) Each motor vehicle dealer shall register with the Com mission within 901 days after the effective date of this Act in ac cordance with the rules and regulations promulgated by the Com mission and shall pay to the Commission an initial registration fee of $25.00. New motor vehicle dealers shall also register and pay such fee within 90 days after commencing business. Thereafter, each motor vehicle dealer shall renew such registration annually and pay to the Commission a registration fee of $10.00. If any dealer shall fail to register and pay the fees herein provided, he shall have no standing before the Commission."

On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted.

The Committee on Public Utilities and Transportation offered the following amendment:
Amend HB 1614 by adding at the end of subsection (a) of Section 5 a new subparagraph (8), to read as follows:
"(8) If the franchise or selling agreement is terminated or canceled, for a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative to fail or re fuse to: (1) accept and make payment for the return of all parts in the dealer inventory which is in the current parts book for the

WEDNESDAY, FEBRUARY 20, 1974

1983

current invoice price applicable to such parts plus such reasonable fee to the dealer for the shipping and handling of such returned parts, or (2) return to the dealer 50 percent of the cost of the dealer of all signs and other promotional materials, or (3) re purchase all special tools purchased from the manufacturer which are less than four years old at their reasonable fair market value."

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

Senator Smith of the 34th offered the following amendment:
Amend HB 1614 by striking on Page 2, line 31, the word "and" and by inserting in lieu thereof a comma,
and by adding on Page 2, line 31, after the word "equipment" and before the word "whether" the following:
"and construction equipment".

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, as amended.

On the passage of the bill, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan

Eldridge Garrard Gillis Hamilton Herndon Hill Holloway Howard Hudgins Jackson Kennedy Kidd Lester

London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter Skene Smalley Smith

1984
Sutton Thompson Tysinger

JOURNAL OF THE SENATE,

Ward Warren Wasden

Webb Young Zipperer

Voting in the negative was Senator Langford.

Those not voting were Senators:

Fincher Henderson Holley

Johnson Starr (presiding)

Stephens Summers

On the passage of the bill, the ayes were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed, as amended.

The following resolution of the Senate was read and adopted:

SR 418. By Senator Lester of the 23rd: A resolution inviting Miss Cathy Snellings Pinson to appear before the State Senate.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1450. By Mr. McDonald of the 12th:
A bill to amend the Executive Reorganization Act of 1972, so as to authorize the Department of Public Safety to exercise jurisdiction over the drivers of motor vehicles operating as motor contract carriers or motor common carriers.

The Senate Committee on Public Utilities and Transportation offered the following substitute to HB 1450:
A BILL
To be entitled an Act to amend the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, so as to authorize the Department of Public Safety to exercise jurisdic-

WEDNESDAY, FEBRUARY 20, 1974

1985

tion over safety of motor vehicles and over the drivers of motor vehicles operating as motor contract carriers or motor common carriers; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. The Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, is hereby amended by striking in its entirety Section 1604 and substituting in lieu thereof the following:

"Section 1604. Additional Functions Transferred to Depart ment. The functions of the Public Service Commission relating to the performance of safety inspections of motor vehicles and drivers thereof pursuant to Ga. Law 1931, Ex. Sess., pp. 99, 111, 112, 199, 209, and 210 (Ga. Code Ann. Sec. 68-521(a), 68-521(b), 68-522, 68627(a), 68-627(b) and 68-628) are transferred to the Department of Public Safety. The Department of Public Safety shall have the authority to stop, enter into or upon all vehicles which are con trolled by the various motor carriers covered by those Code Sections and inspect said vehicles and check the drivers thereof to ascertain if they are in compliance with Georgia law and the rules and regula tions of the Public Service Commission established pursuant thereto relating to vehicle safety. The Department shall also have the au thority to inspect the aforementioned vehicles and drivers at the terminals, stations, garages, offices and other facilities of the carriers and to inspect the records kept or required to be kept pertaining to vehicles and drivers controlled by said carriers. The Department of Public Safety shall have the responsibility for estab lishing safety inspection criteria for vehicles and drivers of those carriers subject to regulation under Code Chapters 68-5, 68-6 and 68-7. The Public Service Commission shall retain the responsibility of taking punitive action against carriers as a result of safety inspec tions made by the Department of Public Safety. Unless inconsistent with this Act, any reference in Georgia laws to the Public Service Commission relating to the performance of its functions of safety inspecting vehicle and driver safety means the Department of Public Safety."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 31, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, Senator Starr of the 44th, was presiding, ordered a roll call, and the vote was as follows:

1986

JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th
Carter Cleland Coverdell Cox Dean Duncan Eldridge Fincher Hamilton Herndon

Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Overby Parker Reynolds

Riley Rowan Salter Smalley Smith Stephens
Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Doss Langford

Skene

Summers

Those not voting were Senators:

Coggin Garrard Gillis

Henderson Holley

Moore Starr (presiding)

On the passage of the bill, the ayes were 45, nays 4.

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 974. By Messrs. Duke of the 20th, Howard of the 19th and Nix of the 20th:
A bill to declare and give effect to a public interest in setting apart one day of the week as a common day of rest and for other activities benefi cial to the public welfare.

Senator London of the 50th moved that the Senate insist upon its substitute to HB 974.

WEDNESDAY, FEBRUARY 20, 1974

1987

On the motion, the ayes were 31, nays 1; the motion prevailed, and the Senate substitute to HB 974 was insisted upon.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1626. By Mr. Jones of the 109th and others:
A bill to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners, so as to provide for the reimbursement of counties for the cost of maintaining certain prisoners in the county jails before such prisoners are transferred to the place of confinement where the sentence is to be served.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton Herndon

Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Overby Parker Reynolds

Riley Rowan Salter Skene Smith Stephens Sutton ' Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Smalley.

Those not voting were Senators:

Cleland Coggin Gillis

Henderson Holley Moore

Starr (presiding) Summers

1988

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 47, nays 1,

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HB 1302. By Mr. Brantley of the 92nd:
A bill to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to change and clarify the composition of certain Representative Districts.

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend HB 1302 by striking the language describing Representative Districts 9, 10 and 11 in its entirety and substituting in lieu thereof one District 9 to read as follows:
"District No. 9--3 Representatives Forsyth Hall", and
By renumbering Districts 12 through 156 as Districts 10 through 154, respectively, and by changing all cross-references to Districts to conform with such renumbered Districts.
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th

Carter Cleland Cox Dean

Doss Duncan Fincher Garrard

WEDNESDAY, FEBRUARY 20, 1974

1989

Hamilton Hill Holloway Hudgins Jackson Johnson Kennedy Kidd Langford Lester

London McGill Moore Overby Parker Riley Salter Skene Starr

Stephens Summers Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those voting in the negative were Senators:

Eldridge Herndon

McDuffie Rowan

Sutton Young

Those not voting were Senators:

Barker Coggin Coverdell Gillis

Henderson Holley Howard

Reynolds Smalley Smith

On the passage of the bill, the ayes were 40, nays 6.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Ballard of the 45th resumed the Chair.

Senator Broun of the 46th filed the following statement with the Secretary:
"I would like to be recorded in the Journal that I reluctantly voted for HB 1302 in the form it finally passed the Senate because if the General Assembly had not passed a House reapportionment plan ac ceptable to the U.S. Attorney General we would have had to return in extraordinary session. I was very much against the provisions of this bill in regard to the reapportionment of the 13th Representative district because it cuts Oconee County in half, giving one half to one Representa tive and giving the other half to three Representatives.
I was also against this provision because it splits Clarke County. I feel that having all the members of the House from Clarke County run county-wide would be to the best interests of the people of Clarke County."

1990

JOURNAL OF THE SENATE,

The following bill of the House was taken up for the purpose of considering a Second Conference Committee Report thereto:

HB 78. By Messrs. Coney of the 89th, Levitas of the 50th and Greer of the 43rd:
A bill to provide for no-fault motor vehicle insurance; to provide an effective date.

The Second Conference Committee Report was as follows:

Mr. President Mr. Speaker:

Your Conference Committee on HB 78 has met and recommends that both the Senate and House of Representatives recede from their respective positions, and that the attached Conference Committee Sub stitute to HB 78 be adopted.

FOR THE SENATE
/s/ Paul C. Broun Paul C. Broun Senator, 46th District
/s/ George N. Skene George N. Skene Senator, 27th District
/s/ Joe Thompson Joe Thompson Senator, 32nd District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES
/s/ J. Roy McCracken J. Roy McCracken Representative, 77th District
/s/ John Greer John Greer Representative, 43rd District
/s/ Harry Dixon Harry Dixon Representative, 126th District

Second Conference Committee Substitute to HB 78:
A BILL
To be entitled an Act to be known as the "Georgia Motor Vehicle Ac cident Reparations Act"; to provide for a short title; to provide for definitions; to provide minimum insurance coverage; to provide that no owner of a motor vehicle required to be registered in this State, or any other person, other than a self-insurer, shall operate or authorize any other person to operate such motor vehicle unless the owner has insurance on such vehicle providing certain minimum coverage; to provide for optional coverages; to require each insurer to make certain optional coverages available; to require all policies of motor vehicle liability insurance issued in this State to be in accordance with the requirements of the Act and to contain certain minimum coverages; to provide for required statements in insurance policies; to provide for

WEDNESDAY, FEBRUARY 20, 1974

1991

self-insurance and self-insurers; to provide for subrogation; to provide that the right of recovery and the amount thereof shall be determined by agreement by binding inter-company arbitration; to provide for the periodic payment of benefits; to provide for payment of certain benefits without regard to fault; to provide for penalties; to provide that certain persons shall be entitled to benefits; to provide that certain persons shall not be entitled to benefits; to provide for the correlation of benefits; to provide that certain benefits shall be excess over any benefits required by this Act; to provide for exemptions of insured persons from liability to pay damages for certain losses; to provide for mandatory reduction of certain insurance rates and premiums and the practices and pro cedures connected therewith; to provide for the increase of such rates and premiums and the practices and procedures connected therewith; to provide for notices, hearings, orders and appeals; to provide for proof of insurance prior to the issuance of a motor vehicle license; to provide for rules and regulations; to provide for penalties; to provide for practices and procedures in connection with the foregoing; to provide for severability; to provide for effective dates of the Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Short title. This Act shall be known and may be cited as the "Georgia Motor Vehicle Accident Reparations Act".

Section 2. Definitions. As used in this Act: (a) "Motor vehicle" means a vehicle having more than three load bearing wheels, of a kind required to be registered under the laws of this State relating to motor vehicles designed primarily for operation upon the public streets, roads and highways, and driven by power other than muscular power, and includes a trailer drawn by or attached to such a vehicle.

(b) The term "insured" shall include, in addition to the insured named in the policy, his spouse and children if residing in the same household, the relatives of either if residents of the named insured's household, any pedestrian struck by the insured vehicle and any other person using or occupying the insured vehicle with the express or im plied permission of the named insured or his spouse. The term "insured" shall also include the named insured, spouse and any resident relative while a pedestrian or while occupying or when struck by a motor vehicle when such motor vehicle is not similarly insured as required by Section 3(b).

(c) "Accidental bodily injury" means bodily injury, sickness or disease, including death at any time resulting therefrom, arising out of the operation, maintenance or use of a motor vehicle which is accidental as to the person claiming basic no-fault benefits as provided by Section 3. Bodily injury is accidental as to the claimant unless sustained intentionally by the person injured or caused intentionally by the claim ant.
(d) The term "disability" means any period of time during which

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an insured is unable to perform substantially all the duties required by his usual occupation, provided the disability commences within twelve months from the date on which the motor vehicle accident oc curred.

(e) "Owner" means the natural person, corporation, firm, partner ship, cooperative, association, group, trust, estate, organization, or other entity in whose name the motor vehicle has been registered. If no registration is in effect at the time of an accident involving the motor vehicle, "owner" means the natural person, corporation, firm, partner ship, cooperative, association, group, trust, estate, organization, or other entity who holds the legal title thereto, or in the event the motor vehicle is subject to a security agreement or lease with an option to purchase with the debtor or the lessee having the right to possession, "owner" means the debtor or the lessee.

(f) "Self-insurer" means any "owner" who has on file with the Commissioner of Public Safety an approved plan of self-insurance which provides for coverages, benefits, and efficient claims handling procedures substantially equivalent to those afforded by a policy of automobile liability insurance that complies with all of the requirements of this Act.

(g) "Pedestrian" means any person not occupying a motor vehicle or a motorcycle or any other motor driven vehicle designed primarily for operation upon the public streets, roads and highways, or not in or upon a vehicle operated on stationary rails or tracks, or aircraft.

(h) "Operation, maintenance or use of a motor vehicle" means operation, maintenance or use of a motor vehicle as a vehicle. Operation, maintenance or use of a motor vehicle does not include (i) conduct within the course of a business of repairing, servicing, or otherwise maintain ing motor vehicles unless the conduct occurs off the business premises, or (ii) conduct in the course of loading and unloading the vehicle unless the conduct occurs while occupying it.

(i) "Occupying" means to be in or upon a motor vehicle or engaged in the immediate act of entering into or alighting from the motor vehicle.

(j) "Serious injury" means an accidental bodily injury which results in death, a fractured bone, permanent disfigurement, dismemberment, permanent loss of a bodily function, permanent partial or total loss of sight or hearing, injury resulting in reasonably incurred medical ex penses exceeding five hundred dollars ($500), or an injury resulting in disability for not less than ten (10) consecutive days. An injured person who is furnished the services described in Section 3(b) without charge or at less than the average reasonable charge therefor in this State shall be deemed to have sustained a serious injury if the fair and reasonable value of such services exceed five hundred dollars ($500).

(k) "Economic loss" means pecuniary loss of the kind described in Section 3, subsection (b).

WEDNESDAY, FEBRUARY 20, 1974

1993

(1) "Noneconomic loss" means .pain, suffering, inconvenience and other nonpecuniary damage recoverable under the tort law of this State.

Section 3. Minimum insurance coverage. No owner of a motor ve hicle required to be registered in this State, or any other person, other than a self-insurer as defined in this Act, shall operate or authorize any other person to operate such motor vehicle unless the owner has insur ance on such vehicle providing the following minimum coverage:

(a) motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this State;

(b) compensation to insured injured persons, without regard to fault, up to an aggregate minimum limit of five thousand dollars ($5,000) per insured injured person for:

(1) all necessary medical expenses not to exceed two thousand five hundred dollars ($2,500) arising from a motor vehicle accident including necessary medicine, drugs, surgical, dental, X-ray and rehabilitative services, including prosthetic devices, and necessary ambulance, hospital, and nursing services, all as prescribed, authorized, approved or rendered by an attending physician, including any person licensed to practice a healing art and any remedial treatment and care rendered in accordance with a recognized religious healing method; and

(2) eighty-five percent (85%) of the loss of income or earnings during disability with a maximum benefit of two hundred dollars ($200) per week; and

(3) expenses, not to exceed twenty dollars ($20) per day, reasonably incurred during a period of disability in obtaining ordinary and necessary services from others, excluding members of the injured person's house hold, in lieu of services that, had he or she not been injured, the injured person would have performed, not for income but for the benefit of his or her household; and

(4) funeral services not to exceed fifteen hundred dollars ($1,500) per person.

In the event of the death of the injured person, survived by a spouse or dependent child or children, compensation under paragraphs 3 (b) (2) and 3 (b) (3) above shall be payable after such death as though the deceased were alive but totally disabled, such payment to be made to the spouse, if alive, otherwise to the child or children or the person having legal custody of any child or children, for use of such spouse or children as though awarded as a year's support for the spouse or children, or both.

The total benefits required to be paid under this Section without regard to fault as the result of any one accident shall not exceed the sum of five thousand dollars ($5,000) per each individual covered as an insured person or such greater amount of coverage as has been pur chased on an optional basis as provided elsewhere in this Act, regardless

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of the number of insurers providing such benefits or of the number of policies providing such coverage.

Section 4. Optional coverage, (a) Each insurer shall also make available on an optional basis the following coverage:

(1) an aggregate limit of benefits payable without regard to fault up to fifty thousand dollars ($50,000) per person which may be rejected, or reduced to not less than an aggregate limit of benefits payable with out regard to fault of five thousand dollars ($5,000) per person, by written consent of the policyholder. Benefits purchased in excess of five thousand dollars ($5,000) shall be paid without apportionment to cover any expenses enumerated in Section 3(b); and

(2) compensation, without regard to fault, for damage to the in sured motor vehicle not to exceed the actual cash value of the vehicle at the time of the loss, including up to ten dollars ($10) per day with a maximum of three hundred dollars ($300) for the loss of use of such motor vehicle; provided that benefits payable under this paragraph (2) may be subject to deductibles at the written election of the policyholder.

(b) Each application for a policy of motor vehicle liability insurance sold in this State must contain separate spaces for the insured to indi cate his acceptance or rejection of each of the optional coverages listed in subsection (a) above and no such policy shall be issued in this State unless these spaces are completed and signed by the prospective insured.

Section 5. Insurers; policy requirements; subrogation, (a) All policies of motor vehicle liability insurance issued in this State must be in accordance with the requirements of this Act, and no insurer shall issue a policy of motor vehicle liability insurance in this State that does not contain at least the minimum coverages required under this Act.

(b) Nothing in Sections 3 and 4 shall be construed to prohibit the issuance of policies providing coverage more extensive than the minimum coverage required by those Sections.

(c) Policies purporting to satisfy the requirements of Sections 3 and 4 shall contain a provision which states that, notwithstanding any of the other terms and conditions of the policy, the coverage afforded shall be at least as extensive as the minimum coverage required.

(d) Insurers and self-insurers providing benefits without regard to fault described in Sections 3 and 4 shall be subrogated to the rights of the person for whom benefits are provided, to the extent of the benefits provided, with the right of recovery and the amount thereof shall be determined by agreement on the basis of tort law between the insurers involved, or, if they fail to agree, by binding inter-company arbitration under procedures approved by the Insurance Commissioner. Expenses incurred in exercising the rights of subrogation hereunder shall be at the sole expense of the insurers and self-insurers involved. If the responsible tortfeasor is uninsured or is not a self-insurer, the insurer or self-insurer providing benefits shall have a right of action to the extent of benefits provided against such tortfeasor.

WEDNESDAY, FEBRUARY 20, 1974

1995

Section 6. Benefits: periodic payment, (a) Payment of benefits required by this Act must be made periodically on a monthly basis as expenses are incurred, or in the case of total disability as disability continues.

(b) Benefits required to be paid without regard to fault shall be payable monthly as loss accrues. Such benefits are overdue if not paid within thirty (30) days after the insurer receives reasonable proof of the fact and the amount of loss sustained. If reasonable proof is not sup plied as to the entire claim, the amount supported by reasonable proof is overdue if not paid within thirty (30) days after such proof is received by the insurer. Any part or all of the remainder of the claim that is later supported by reasonable proof is overdue if not paid within thirty (30) days after such proof is received by the insurer. For the purpose of calculating the extent to which any benefits are overdue, payment shall be treated as made on the date a draft or other valid instrument was placed in the United States mail to the last known address in a properly adressed, postpaid envelope, or, if not so posted, on the date of delivery. Basic no-fault payments may be paid by the insurer directly to persons or firms supplying necessary products, services, or accommodations to the claimant. In the event the company fails to pay each benefit when due, the person entitled to such benefits may bring an action to recover them, and the company must show that its failure or refusal to pay was in good faith, otherwise the company shall be liable for a penalty not exceeding twenty-five percent (25%) of the amount due and reasonable attorney's fees.
Section 7. Persons entitled to benefits. The insurer of a motor vehicle with respect to which security is required by Section 3 shall pay basic no-fault benefits without regard to fault for economic loss resulting from:
(a) accidental bodily injury sustained within the United States of America, its territories or possessions, or Canada by the insured and spouse and children if residing in the insured's household and the relatives of either if residents of the insured's household while occupying any motor vehicle, or while a pedestrian as the result of being struck by a motor vehicle;
(b) accidental bodily injury sustained by any other person while occupying the owner's motor vehicle if the accident occurs within the United States of America, its territories or possessions, or Canada; and
(c) accidental bodily injury sustained by any other person as a result of being struck by the owner's motor vehicle while a pedestrian in this State.

Section 8. Persons not entitled to benefits. Basic no-fault benefits shall not be payable to or on behalf of any person who sustains accidental bodily injury while:

(a) occupying a motor vehicle known by him to be stolen; or

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(b) occupying a motor vehicle owned by such person which is not insured for the benefits required by this Act.

Section 9. Correlation of benefits, (a) The benefits payable under this Act shall not be reduced or eliminated by any workmen's compensa tion benefits, medical payments benefits or any other disability bene fits, wage loss benefits or hospitalization benefits that the injured person is entitled to receive.

(b) Medical payment benefits and uninsured motorists benefits payable under coverages in motor vehicle insurance policies shall be excess over any benefits required by this Act.

Section 10. Insured person exemptions, (a) In an action against a person insured as provided in Section 3, or a self-insurer, to recover damages because of accidental bodily injury arising out of the ownership, operation, maintenance or use of an insured motor vehicle in this State, an insured person shall be exempt from liability to pay damages for noneconomic loss unless the injury is a serious injury as defined in subsection (j) of Section 2 of this Act.

(b) Any person eligible for economic loss benefits described in Section 3, subsection (b) of this Act is precluded from pleading or recovering in an action for damages against a tortfeasor, those damages for which compensation is available for economic loss under said Section; provided, however, that nothing contained in this Section shall preclude the introduction of any evidence otherwise admissible in a judicial proceeding for the purpose of proving the extent of the injury or injuries sustained by such person.

Section 11. Mandatory reduction of insurance rates. Notwithstand ing any other provision of law, all insurers issuing insurance coverage under this Act shall comply with the following provisions:

(a) Within sixty (60) days after the effective date of this Act, each insurer shall file its proposed forms, manuals, rules, rates and rating plans with the Insurance Commissioner for such approval as is required by law. Rates for required coverage under this Act, with the exception of property damage liability required by Section 3(a), shall not exceed the rates for required financial responsibility coverage for bodily injury coverage reduced by each insurer by not less than fifteen percent (15%) calculated as a percentage of the required financial responsibility rate for bodily injury coverage of such insurer in effect on October 1, 1973. Rates for medical payments coverage and uninsured motorists coverage shall not exceed each insurer's effective rate on file with the Insurance Commissioner as of October 1, 1973, reduced by not less than fifty percent (50%). These rates shall remain in effect until March 1, 1976, and there shall be no exception to the requirements of this provision, unless the Insurance Commissioner shall find, after hearing upon written request of an insurer, that the use of the rates required herein by any insurer will result in rates which are inadequate to the extent that such rates:
(1) do not properly reflect the insurer's loss experience in

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Georgia to the extent that its earned premiums would not equal it incurred losses and expenses; or

(2) jeopardize the solvency of the insurer required to use such rates.
Such insurer shall have the burden of showing that the use of the required rate will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in Georgia or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data and pertinent judgment and trend factors, no other reasonable conclusion would be appropriate. Upon conclusion of any hearing held pursuant to this Act, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a decision relieving an insurer from full compliance with this Section. The provisions of Code Chapter 56-2, as amended, shall apply to hearings held under this Act.
(b) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Act. Upon final adjudica tion the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of eight percent (8%) per annum.

(c) Any motor vehicle liability policies in force on March 1, 1975, and thereafter, shall reflect by endorsement any reduction in rates for all motor vehicle coverage as filed by the insurer and such reduction shall be computed on a pro rata basis for the remaining term of said policy. Such endorsement may be issued at the renewal date of the policy or the termination of the policy. Any re.turn premium shall be credited to the renewal policy, or if the policy is terminated the return premium shall be refunded to the insured.
(d) During the two years following the effective date of this Act no insurer shall make underwriting profits in this State on liability or medical payments coverage on insurance written in this State in excess of the average underwriting profits made by such insurer in this State on such lines of insurance during the years 1969 through 1973. Any such excess underwriting profits shall be refunded to policyholders pro rata under procedures prescribed by the Insurance Com missioner.
Section 12. Proof of insurance. From and after January 1, 1975, no motor vehicle shall be licensed by the State of Georgia until the owner has furnished satisfactory proof to the licensing authorities in accordance with rules and regulations promulgated by the Commissioner of Public Safety that there is in effect the minimum insurance coverage

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required by this Act, or an approved self-insurance plan. The insurer, within five (5) days after the effective date of a cancellation of such coverage, shall notify the Department of Public Safety in writing of the cancellation.

Section 13. Rules and regulations. The Insurance Commissioner shall adopt rules and regulations necessary for the implementation of this Act with respect to insurers providing the security required herein. The Commissioner of Public Safety shall adopt rules and regulations necessary for the implementation of this Act with respect to the main taining of the security required herein.

Section 14. Penalties. An owner or any other person who knowing ly operates, or knowingly authorizes another to operate, a motor vehicle without effective insurance thereon or without an approved plan of self-insurance as required by this Act shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor.

Section 15. Severability. If any provision of this Act or the ap plication thereof to any person or circumstance is held unconstitutional, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby and it shall be conclusively presumed that the General Assembly would have enacted the remainder of this Act without such invalid or unconstitutional provision.

Section 16. Effective dates of this Act. Sections 11, 12, 13 and 14 of this Act shall become effective on October 1, 1974. All other provi sions of this Act shall become effective on March 1, 1975, and shall not apply to accidents or injuries occurring before said date.

Section 17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Thompson of the 32nd moved that the Senate adopt the Second Conference Committee Report on HB 78.

On the motion, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin

Coverdell Cox Dean Doss Eldridge Pincher Garrard

Gillis Hamilton Henderson Hill Howard Jackson Johnson

WEDNESDAY, FEBRUARY 20, 1974

1999

Kennedy Langford Lester McDuffie Overby Reynolds
Riley Rowan

Salter Skene Smalley Smith Starr Stephens
Sutton Thompson

Tysinger Ward Warren Wasden Webb Young
Zipperer

Those voting in the negative were Senators:

Herndon Holloway Kidd

London McGill

Moore Parker

Those not voting were Senators:

Ballard (presiding) Duncan

Holley Hudgins

Summers

On the motion, the ayes were 44, nays 7; the motion prevailed, and the Second Conference Committee Report on HB 78 was adopted.

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 646. By Senator Tysinger of the 41st:
A bill to amend Code Chapter 84-3, relating to architects, as amended, so as to change the provision defining the practice of architecture.

The following bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1844. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide for the authorization of distribution or sale of distilled spirits in limited con-

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tainer sizes by certain common carriers; to provide for the payment of taxes by such carriers in connection with such distributions or sales.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Broun of 46th Brown of 47th Cleland Coggin Coverdell Cox Doss Duncan Eldridge Fincher Garrard Gillis Henderson Hill

Howard Hudgins Jackson Kennedy Kidd Langford London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan S alter Skene Smalley Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Voting in the negative was Senator Hamilton.

Those not voting were Senators:

Ballard (presiding) Barker Carter Dean

Herndon Holley Holloway Johnson

Lester Smith Starr Young

On the passage of the bill, the ayes were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1845. By Mr. Connell of the 80th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide for licenses

WEDNESDAY, FEBRUARY 20, 1974

2001

which may be issued under the authority of such Act; to provide the fees for such licenses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Brown of 47th Carter Cleland Coggin Coverdell Cox Doss Eldridge Garrard Gillis Hamilton Herndon Hill

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens Button Tysinger Wasden Webb
Young Zipperer

Those voting in the negative were Senators:

Summers

Thompson

Warren

Those not voting were Senators:

Ballard (presiding) Broun of 46th Dean

Duncan Fincher Henderson

Overby Ward

On the passage of the bill, the ayes were 45, nays 3.

The bill, having received the requisite constitutional majority, was passed.
HB 1846. By Mr. Connell of the 80th: A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide detailed

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procedures for the issuance and renewal of licenses required by said Act and for the investigation of all applicants for such licenses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Dun can Eldridge Garrard Gillis

Hamilton Herndon Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Parker Reynolds Rowan

Voting in the negative was Senator Warren.

Those not voting were Senators:

Ballard (presiding) Pincher Henderson Hill

Holley Holloway Johnson Moore

S alter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Wasden Webb Zipperer
Overby Riley Young

On the passage of the bill, the ayes were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

WEDNESDAY, FEBRUARY 20, 1974

2003

HB 2099. By Mr. Lambert of the 97th:
A bill to amend an Act creating a new charter for the City of Madison, so as to change the provisions relating to the election of the mayor and councilmen.

The House has adopted the following resolution of the House, to-wit:

HR 751. By Mr. Murphy of the 18th and others: A resolution relative to adjournment.

The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

HB 736. By Mr. Levitas of the 50th and others:
A bill to amend an Act establishing districts in DeKalb County for members of the County Board of Education, so as to provide that mem bers of said Board shall be elected on a nonpartisan basis by a majority of the qualified voters voting within their respective School Board Dis tricts for terms of 4 years.

The President resumed the ('hair.
Senator Holley of the 22nd moved that the Conference Committee be dis charged and that a new Conference Committee be appointed on the following bill of the House:

HB 1377. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1974.

On the motion, the ayes were 43, nays 2, and the motion prevailed.

The President appointed as a second Committee of Conference the following: Senators London of the 50th, Riley of the 1st, and Starr of the 44th.

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Senator Johnson of the 38th moved that the following bill of the Senate, pre viously passed today, be immediately transmitted to the House:

SB 687. By Senator Johnson of the 38th:
A bill to provide for the continuation of community action agencies in the State of Georgia; to establish an administrative office for com munity assistance in the office of the Governor; to authorize appro priations for community assistance on a matching basis with local gov ernments.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard
Barker Broun of 46th Brown of 47th Carter Coggin Cox Dean Duncan Eldridge Gillis Hamilton

Herndon Holley Holloway Jackson Johnson Kennedy Kidd Lester London McDuffie Moore Parker

Riley Rowan Salter Starr Stephens Button Ward Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Bell Cleland Coverdell Doss Fincher Garrard

Hill Howard Langford Overby Reynolds Skene

Smalley Smith Thompson Tysinger Warren

Those not voting were Senators:

Henderson Hudgins

McGill

Summers

On the motion, the ayes were 35, nays 17; the motion prevailed, and SB 687 was immediately transmitted to the House.

WEDNESDAY, FEBRUARY 20, 1974

2005

The following communication received from His Excellency, Governor Jimmy Carter, at 4:45 o'clock P. M. was read by the Secretary:

OFFICE OF THE GOVERNOR Atlanta 30334

February 20, 1974

Honorable Lester G. Maddox Lieutenant Governor and President of the Senate and Members of the Senate State Capitol Atlanta, Georgia 30334

Gentlemen:

The following appointments are submitted herewith for confirma tion by the State Senate as provided by law:

Honorable B. L. Hawkins of Hall County as a member of the State Board of Veterans Service for a term beginning April 1, 1974, and ending April 1, 1981.

Honorable Harold A. Dawson of Fulton County as a member of the Georgia Real Estate Commission for a term beginning February 20th, 1974, and ending January 25, 1977.

Sincerely,
/s/ Jimmy Carter Jimmy Carter

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1676. By Messrs. Oxford of the 101st, Castleberry of the 96th and others:
A bill to amend an Act providing for pre-need funeral service contracts, so as to change certain definitions and provide for additional definitions; to require certain persons to furnish the Comptroller General with certified copies of their bank statement or statements showing certain information.

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell
Broun of 46th Brown of 47th Carter Cleland Coggin Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Herndon Hill Holley Holloway
Howard Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative were Senators Skene and Smalley.

Those not voting were Senators:

Coverdell Henderson

Hudgins Johnson

Smith

On the passage of the bill, the ayes were 49, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 646. By Senator Tysinger of the 41st:
A bill to amend Code Chapter 84-3, relating to architects, as amended, so as to change the provision defining the practice of architecture.

The House amendment was as follows:
Amend SB 646 by striking figures "$10,000" on line 17, page 13, and substituting figure "$50,000".

WEDNESDAY, FEBRUARY 20, 1974

2007

Senator Tysinger of the 41st moved that the Senate agree to the House amendment to SB 646.

On the motion, the ayes were 35, nays 1; the motion prevailed, and the House amendment to SB 646 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 668. By Senator McGill of the 24th:
A bill to provide for the sale or disposal of abandoned animals; to provide for definitions; to provide for notices; to provide for liens; to provide for sales and the disposition of proceeds of such sales; to provide for practice and procedure.
The House substitute was as follows:
A BILL
To be entitled an Act to provide that every licensed veterinarian and every operator of a facility for boarding animals or pets shall have a lien on such animals or pets for payment of charges for treatment, board or care of such animals or pets; to provide for custody; to provide for demand of payment; to provide for notice; to provide for the sale or disposal of such animals or pets; to provide for the use of proceeds from any sale; to provide for surplus proceeds from sales; to provide that licensed veterinarians and operators of facilities shall not be liable for certain actions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Every licensed veterinarian and every operator of a facility for boarding animals or pets shall have a lien on each animal or pet treated, boarded or cared for by him while in his custody and under contract with the owner of such animal or pet for payment of charges for treatment, board or care of such animal or pet, and such veterinarian or operator of a facility shall have the right to retain such animal or pet until said charges are paid. Facilities for boarding animals or pets shall include, but not be limited to, veterinary hospitals, boarding kennels, stables, livestock sales barns, and humane societies.
Section 2. (a) If the charges due for the services named in Section 1 are not paid within 10 days after demand therefor on the owner of said animal or pet, in person, or by registered or certified mail with return receipt requested, addressed to the owner at the address given when said animal or pet is delivered, and the receipt has been returned

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by the United States postal authorities, the licensed veterinarian or operator of a facility is authorized to sell the animal or pet either at public or private sale; and if he does not succeed in selling such animal or pet, then he is authorized to dispose of such animal or pet in any manner that he deems proper or to turn the animal or pet over to the nearest humane society or dog pound in the area for disposal as such custodian may deem proper.

(b) The giving of notice to the owner, as provided herein, shall relieve the licensed veterinarian, the operator of a facility for boarding animals or pets, or any custodian to whom such animal or pet may be given, of any further liability for disposal.

(c) Failure of the owner of any such animal or pet to receive the demand by registered or certified mail provided for in this Section, shall not render the licensed veterinarian or operator of a facility liable to the owner of such animal or pet for the disposal thereof in any manner provided in this Section.

Section 3. When any animal or pet is sold as authorized in this Act to satisfy a lien for any of the services enumerated in Section 1, any surplus realized from the sale, less said charges and any expenses incurred in making the demand for payment thereof in connection with the sale, shall be paid to the owner of the animal or pet.

Section 4. No legal proceeding for the enforcement of the lien created by this Act shall be necessary, other than compliance with the requirements herein provided.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator McGill of the 24th moved that the Senate agree to the House substitute to SB 668.
On the motion, the ayes were 32, nays 0; the motion prevailed, and the House substitute to SB 668 was agreed to.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1556. By Messrs. Petro of the 46th and Bostick of the 123rd: A bill to provide for the regulation of private employment agencies.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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2009

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean
Eldridge Garrard Hamilton Herndon

Hill Holley Holloway Howard Hudgins Jackson Kennedy Kidd Lester London McDuffie McGill Moore Overby Reynolds

Riley Rowan Salter Skene Starr Stephens Summers Sutton Thompson Tysinger Ward Wasden Webb Young
Zipperer

Voting in the negative was Senator Smalley.

Those not voting were Senators:

Doss Duncan Fincher Gillis

Henderson Johnson Langford

Parker Smith Warren

On the passage of the bill, the ayes were 45, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Starr of the 44th moved that the Senate disagree to the Report of the Committee on Elementary and Secondary Education which was adverse to the passage of the following bill of the House:

HB 1571. By Messrs. Colwell of the 4th, Bennett of the 124th and Twiggs of the 4th:
A bill to amend an Act entitled the "Minimum Foundation Program of Education Act", so as to provide that the minimum foundation program of education offered to "isolated schools" shall meet at least the minimum requirements and standards provided by the State Board of Education for public schools.

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The President stated that the question before the Senate was upon the agreement to the report of the committee which was unfavorable to the passage of the bill.

On the motion, the President ordered a roll call, and the vote was as follows:

Voting in the affirmative was Senator Moore.

Those voting in the negative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Duncan Eldridge Fincher Garrard Hamilton

Henderson Herndon Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Overby Parker Reynolds

Those not voting were Senators:

Doss Gillis Hill

Holley Langford Smith

Riley Rowan Salter Skene Smalley Starr Stephens Summers Thompson Tysinger Ward Warren Wasden Webb Zipperer
Sutton Young

On the motion, the ayes were 1, nays 47, and the committee report on HB 1571 was disagreed to.

Senator Starr of the 44th moved that the Senate disagree to the Report of the Committee on Elementary and Secondary Education which was adverse to the passage of the following bill of the House:

HB 1596. By Mr. Farrar of the 52nd:
A bill to amend an Act requiring the State Revenue Commissioner to examine the tax digests of the several counties for the purpose of ascertaining whether the violation of the various classes of property in the respective counties is uniform, so as to provide for adjustment of millage rate by boards of education.

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2011

The President stated that the question before the Senate was upon the agreement to the report of the committee which was unfavorable to the passage of the bill.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Coggin Cox

Herndon Kennedy

Riley Smalley

Those voting in the negative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Covedell Dean Doss Eldridge Fincher Garrard Gillis Hamilton

Henderson Holloway Howard Jackson Johnson Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Rowan Salter Skene Starr Summers Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Duncan Hill Holley

Hudgins Smith

Stephens Sutton

On the motion, the ayes were 6, nays 43, and the committee report on HB 1596 was disagreed to.

The following general bills and resolutions of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1629. By Mr. Dean of the 60th:
A bill to amend an Act providing the precautions to be taken in proximity of high-voltage electric lines, so as to define for the purposes of said Act the term "person or persons responsible for the work to be done".

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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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell
Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker

Riley Rowan Salter Skene Smalley Starr Stephens Summers Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Barker Hill Holley

Hudgins London Reynolds

Smith Sutton

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Starr of the 44th resumed the Chair.

HB 1906. By Mr. Roach of the 8th:
A bill to create a court to be known as "State Court of Cherokee and Forsyth Counties".

Senator Langford of the 51st offered the following amendment:
Amend HB 1906 by inserting in line 2 of Page 2, immediately before the word "and" the following:

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2013

"to provide for a referendum;".

By renumbering Section 37 as Section 38, and by inserting follow ing Section 36 a new Section 37, to read as follows:

"Section 37. Not less than 30 nor more than 60 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinaries of Cherokee and Forsyth Counties to issue the call for an election for the purpose of submitting this Act to the voters of said Counties for approval or rejection. The Ordinaries 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 Ordinaries 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 the respective counties. The ballot shall have written or printed thereon the words:

' ( ) YES Shall the Act creating the State Court of Chero( ) NO kee and Forsyth Counties be approved?'

All persons desiring to vote in favor of the Act shall vote 'Yes', and those persons desiring to vote for rejection of the Act shall vote 'No'. If more than one-half of the votes cast on such question in each county are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect."

On the adoption of the amendment, the ayes were 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, Senator Starr of the 44th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Cox

Dean Doss Duncan Eldridge Garrard Gillis Hamilton Henderson Herndon

Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford

2014
Lester McDuffie McGill Moore Overby Parker

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Riley Rowan Salter Skene Thompson Ward

Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Coverdell Fincher Holley London

Reynolds Smalley Smith Starr (presiding)

Stephens Summers Sutton Tysinger

On the passage of the bill, the ayes were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Sutton of the 9th filed the following statement with the Secretary:
"Mr. President:
I supported HB 1906; however, the roll call on the passage of the bill shows that I missed the vote because of appearing before the House Reapportionment Committee in support of a Senate Bill in that committee."

The President resumed the Chair.

HR 575. By Mr. Harrington of the 93rd:
A resolution authorizing the lease of certain real property located in Baldwin County.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

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2015

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th .Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Gillis

Henderson Herndon Hill Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Overbv

Parker Rowan Salter Skene Smalley Starr Stephens Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Duncan Garrard Hamilton Holley

Johnson Moore Reynolds Riley

Smith Summers Thompson

On the adoption of the resolution, the ayes were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 595. By Mr. Harrington of the 93rd:
A resolution transferring control of jurisdiction of a tract of land located in Baldwin County to the State Properties Control Commission and authorizing said commission to lease said tract of land to Baldwin County and the City of Milledgeville.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Doss Eldridge Garrard Hamilton Henderson

Herndon Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McGill Overby Parker

Riley Rowan Salter Skene Starr Stephens Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Dean Duncan Fincher Gillis Hill

London McDuffie Moore Reynolds

Smalley Smith Summers Thompson

On the adoption of the resolution, the ayes were 43, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1554. By Mr. Collins of the 122nd:
A bill to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide that marketing orders issued pursuant to said Act may provide for the establishment and management of a stabilization fund to compensate producers of peanuts which fail to qualify for marketing or sale in regular marketing channels.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Pincher Garrard

Gillis Hamilton Henderson Herndon Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill

Overby Parker Rowan Salter Skene Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young

Those not voting were Senators:

Ballard Duncan Hill Holley Holloway

London Moore Reynolds Riley Smalley

Smith Starr Summers Zipperer

On the passage of the bill, the ayes were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1706. By Mr. Busbee of the 114th and others:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to delete business opportunities from the purview of the Chapter; to add a definition of "referral agent" and to provide for such agent's source of compensation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Brown of 47th Carter Cleland

Coggin Coverdell Cox

2018
Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway

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Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Overby Parker Rowan

Salter Skene Smalley Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Broun of 46th London Moore

Reynolds Riley Smith

Starr Summers

On the passage of the bill, the ayes were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1707. By Messrs. Busbee of the 114th, Moyer of the 99th, McDaniell of the 20th and others:
A bill to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide for the qualifications of the members and officers of all partnerships and corporations involved in the real estate brokerage business.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th

Carter Cleland Coggin Coverdell Cox

Dean Doss Duncan Eldridge Fincher

Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson

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Kennedy Kidd Langford Lester London McDuffie McGill Moore Parker Riley Rowan Salter

Skene Smalley Starr Stephens Sutton Thompson Ward Warren Webb Young Zipperer

2019

Those not voting were Senators:

Overby Reynolds

Smith Summers

Tysinger Wasden

On the passage of the bill, the ayes were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1842. By Mr. Rainey of the 115th and others:
A bill to create the office of assistant court reporter in certain judicial circuits of this State; to provide for the appointment, powers, duties, compensation and expenses of the assistant court reporter.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell

Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson

2020
Kennedy Kidd Langford Lester London McDuffie McGill Moore

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Overby Parker Riley Rowan Salter Skene Starr Stephens

Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Reynolds Smalley

Smith Summers

Ward

On the passage of the bill, the ayes were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

H.B 168. By Messrs. Gignilliat of the 105th, Jones of the 109th and others:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change the definition of the term "teacher".

The following fiscal notes, as required by law, were read by the Secretary:

TEACHERS RETIREMENT SYSTEM STATE OF GEORGIA
254 Washington Street, S.W., Phone 656-2954

Atlanta, Georgia 30334

March 8, 1973

MEMORANDUM

TO:

Honorable Paul D. Coverdell, Chairman

Senate Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers' Retirement System of Georgia

SUBJECT: House Bill 168

Section 1 of this bill would permit public school nurses employed on a regular basis as much as one-half time or more to be members of the Teachers' Retirement System.

The bill provides that the employer's contributions on all salary paid from funds other than State funds shall be paid from local funds. It is

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my understanding that all public school nurses are paid from local funds and because of this, House Bill 168 does not affect the actuarial soundness of the retirement system.

Section 2 repeals all laws in conflict with this bill.

TEACHERS RETIREMENT SYSTEM STATE OF GEORGIA
254 Washington Street, S.W., Phone 656-2954 Atlanta, Georgia 30334

February 5, 1973

MEMORANDUM

TO:

Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

Mr. Ernest B. Davis, State Auditor

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers' Retirement System of Georgia

SUBJECT: House Bill 168

This bill would permit public school nurses who are employed on a regular basis as much as one-half time or more to be members of the Teachers' Retirement System. The bill provides also that local employers must pay the employer contributions on all salary paid from local funds.

It is my understanding that all public school nurses at the present time are paid from local tax funds by the various boards of education. Since these employees are paid entirely from local funds, there would be no additional cost to the State if membership were extended to these em ployees by this bill.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland

Coggin Coverdell Cox Dean Doss Duncan Eldridge

Fincher Garrard Gillis Hamilton Henderson Herndon Hill

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Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie

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McGill Moore Overby Parker Riley Rowan Salter Smalley Starr

Stephens Sutton Thompson Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Holley London Reynolds

Skene Smith

Summers Tysinger

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1892. By Mr. Murphy of the 18th and others:
A bill to amend Code Section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Code", so as to define, for purposes of the State Properties Code, amendments to any existing lease, and to prescribe the procedure to be followed in the preparation, approval and execution of said amendments; to provide a severability clause.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin

Coverdell Cox Dean Doss Duncan Eldridge Pincher Garrard

Gillis Hamilton Henderson Herndon Hill Holloway Howard Hudgins

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Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore

Overby Parker Reynolds Riley Rowan Salter Skene Starr

Stephens Sutton Thompson Tysinger Ward Webb Young Zipperer

Those not voting were Senators:

Holley Johnson Smalley

Smith Summers Warren

Wasden

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed .

HB 1893. By Mr. Murphy of the 18th and others:
A bill to amend Code Section 91-105a of Code Chapter 91-lA of the Code of Georgia, known as the "State Properties Code".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan

Eldridge Garrard Gillis Hamilton Henderson Holloway Howard Hudgins Jackson Johnson Kennedy Langford

Lester McDuffie Moore Overby Parker Reynolds Riley Rowan Salter Skene Starr Stephens

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Sutton Thompson Tysinger

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Ward Warren Wasden

Webb Young Zipperer

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Ballard Fincher Herndon Hill

Holley London 'McGill

Smalley Smith Summers

On the passage of the bill, the ayes were 45, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HR 634. By Mr. Murphy of the 18th and others:
A resolution to approve and authorize the severance of Tract 5, presently subleased to Consolidated Atlanta Properties, Ltd. ("Consolidated"), from that certain lease dated December 26, 1950, as amended, between the Western and Atlantic Railroad Commission, as lessor, and PeachtreeWhitehall, Inc. ("Peachtree"), as lessee ("1950 Lease").

Senator Brown of the 47th moved that HR 634 be referred to the Committee of the Whole Senate for the purpose of consideration.

On the motion, the ayes were 36, nays 0; the motion prevailed, and HR 634 was referred to the Committee of the Whole Senate.

Senator Brown of the 47th moved that the Senate resolve itself into the Com mittee of the Whole for the purpose of considering HR 634.

On the motion, the ayes were 36, nays 0; the motion prevailed.

The President appointed Senator Brown of the 47th Chairman of the Com mittee of the Whole Senate.

The Senate resolved itself into the Committee of the Whole.

The Committee of the Whole was dissolved.

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Senator Brown of the 47th, Chairman of the Committee of the Whole Senate, reported as follows:

"Mr. President, the Committee of the Whole Senate has had under consideration HR 634 and has instructed me, as its Chairman, to report the same back to the Senate, with the recommendation that the same do pass."

The following general resolution, favorably reported by the Committee of the Whole Senate, was put upon its adoption:

HR 634. By Mr. Murphy of the 18th and others:
A resolution to approve and authorize the severance of Tract 5, presently subleased to Consolidated Atlanta Properties, Ltd. ("Consolidated"), from that certain lease dated December 26, 1950, as amended, between the Western and Atlantic Railroad Commission, as lessor, and PeachtreeWhitehall, Inc. ("Peachtree"), as lessee ("1950 Lease").

The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell
Broun of 46th Brown of 47th Carter Coggin Coverdell Duncan Fincher Garrard Gillis Hamilton Henderson Herndon
Holley

Holloway
Howard Hudgins Jackson Johnson Kennedy Langford Lester London McGill Moore Overby Parker

Those voting in the negative were Senators:

Barker Cox Dean Doss

Eldridge Kidd McDuffie

Reynolds Riley Rowan Salter Skene Starr Stephens Thompson Tysinger Ward Webb Young Zipperer
Button Warren Wasden

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Those not voting were Senators:

Ballard Cleland

Hill Smalley

Smith Summers

On the adoption of the resolution, the ayes were 40, nays 10.

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 by the requisite constitutional majority the following resolution of the House, to-wit:

HR 683. By Mr. Rainey of the 115th and others:
A resolution directing the Department of Natural Resources to investi gate the feasibility of assuming control of Lake Tobesofkee as a State Park.

The House insists on its position in disagreeing to the Senate substitute and 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 House, to-wit:

HB 974. By Messrs. Duke of the 20th, Howard of the 19th and Nix of the 20th:
A bill to declare and give effect to a public interest in setting apart one day of the week as a day of rest.

The Speaker has appointed as a committee of conference on the part of the House the following members thereof:
Messrs. Duke of the 20th, Howard of the 19th and Adams of the 14th.

The following resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

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HR 445. By Mr. Walker of the 100th:
A resolution proposing an amendment to the Constitution so as to change the name and designation of the Office of Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Dean Doss Fincher Gillis Hamilton Henderson

Herndon Holloway Hudgins Jackson Johnson Kennedy Kidd Lester McDuffie Moore Overby Parker Reynolds

Salter Skene Starr Stephens Button Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Eldridge Langford

London

McGill

Those not voting were Senators:

Ballard Cleland Cox Duncan Garrard

Hill Holley Howard Riley

Rowan Smalley Smith Summers

On the adoption of the resolution, the ayes were 39, nays 4.
The resolution, having received the requisite constitutional majority, was adopted.

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The following bill of the House was taken up for the purpose of considering House action thereto:

HB 974. By Messrs. Duke of the 20th, Howard of the 19th and Nix of the 20th:
A bill to declare and give effect to a public interest in setting apart one day of the week as a common day of rest and for other activities beneficial to the public welfare.

Senator Henderson of the 33rd moved that the Senate adhere to its substitute and that a Conference Committee be appointed on HB 974.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the Senate substitute to HB 974 was adhered to.

The President appointed as a Committee of Conference on the part of the Senate the following: Senators London of the 50th, Thompson of the 32nd and Kidd of the 25th.

The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 1590. By Mr. Greer of the 43rd: A bill to authorize the State or any county, municipality or other political subdivision to defer an employee's compensation; to authorize the State or any county, municipality or other political subdivision, to use such deferred compensation to provide a tax deferred compensation plan for such employee.
The Senate Committee on County and Urban Affairs offered the following amendment:
Amend HB 1590 by striking on Page 3, line 7, the comma after the word "subdivision" and inserting in lieu thereof a period.
By striking on Page 3, lines 8, 9 and 10 in their entirety.
On the adoption of the amendment, the ayes were 1, nays 31, and the amend ment was lost.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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2029

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Dean Doss Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Holloway Howard Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Stephens Button Thompson Tysinger Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Cox Duncan Hill Holley

Hudgins Jackson Johnson Smalley

Smith Starr Summers Ward

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 372. By Messrs. Nessmith and Lane of the 76th:
A bill to amend the Georgia Post Mortem Examination Act, so as to change the fees to be paid medical examiners for performing certain services.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Barker Bell
Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Dean Doss Eldridge Fincher Garrard Gillis

Hamilton Herndon
Holley Holloway Howard Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore

Overby Parker
Riley Rowan Salter Starr Stephens Thompson Tysinger Ward Warren Wasden Young Zipperer

Voting in the negative were Senators Sutton and Webb.

Those not voting were Senators:

Ballard Cox Duncan Henderson

Hill Hudgins London Reynolds

Skene Smalley Smith Summers

On the passage of the bill, the ayes were 42, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The following bills and resolution of the House were read the first time and referred to committees:

HB 736. By Mr. Levitas of the 50th and others:
A bill to amend an Act establishing districts of DeKalb County for members of the County Board of Education, so as to provide that mem bers of said Board shall be elected on a non-partisan basis by a majority of the qualified voters voting within their respective School Board Districts for terms of 4 years.
Referred to Committee on County and Urban Affairs.

HB 1279. By Messrs. Evans of the 89th and Russell of the 62nd:
A bill to amend the Uniform Act Regulating Traffic on Highways, so as to authorize the court to allow certain persons convicted of operating

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2031

motor vehicles under the influence of intoxicating liquor or drugs to operate motor vehicles while engaged in their employment.
Referred to Committee on Highways.

HB 2099. By Mr. Lambert of the 97th:
A bill to amend an Act creating a new charter for the City of Madison, so as to change the provisions relating to the election of the mayor and councilmen.
Referred to Committee on County and Urban Affairs.

HR 683. By Mr. Rainey of the 115th and others:
A resolution directing the Department of Natural Resources to investi gate the feasibility of assuming control of Lake Tobesofkee as a State Park.
Referred to Committee on Rules.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 1832. By Mr. Savage of the 30th:
A bill to amend Code Chapter 84-7, relating to the practice of dentistry, so as to provide for the employment of personnel necessary to assist the Board of Dental Examiners of Georgia in the performance of their duties.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin

Coverdell Dean Doss Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Holley Holloway Howard Jackson

2032
Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby

JOURNAL OF THE SENATE,

Parker Reynolds Riley Rowan Salter Starr Stephens Sutton

Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Cox Duncan Hill

Hudgins London Skene

Smalley Smith Summers

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 93. By Mr. Levitas of the 50th:
A bill to amend an Act providing that it shall be unlawful for any per son to possess a firearm during the commission or attempt to commit a felony, so as to provide that it shall be unlawful for any person to possess certain knives during the commission or attempt to commit a felony.
The Senate Committee on Judiciary offered the following substitute to HB 93:
A BILL
To be entitled an Act to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, approved April 8, 1968 (Ga. Laws 1968, p. 982), so as to provide that it shall be unlawful for any person to have on his person a knife having a blade of three or more inches during the commission or attempt to commit a felony; to define the crimes to which this Act is applicable; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing that it shall be unlawful for any per son to possess a firearm during the commission or attempt to commit a felony, approved April 8, 1968 (Ga. Laws 1968, p. 982), is hereby

WEDNESDAY, FEBRUARY 20, 1974

2033

amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:

"Section 1. Any person who shall have on his person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit, any crime against or involving the person of another, the unlawful entry into a building or vehicle or a theft from a building or theft of a vehicle and which crime is a felony shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement and labor in the peni tentiary for a period of not less than one nor more than five years. Upon the second or subsequent conviction of a person under this Act, such person shall be punished by confinement and labor in the penitentiary for a period of not less than two nor more than 15 years. Notwithstanding any other provision of law to the contrary, the sentence of any person imposed for violating the provisions of this Act a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 33, 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell
Brown of 47th Carter Cleland Coggin
Coverdell Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon

Holley Holloway
Howard Hudgins Jackson Johnson
Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley
Rowan Salter Smalley Starr
Stephens Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

2034

JOURNAL OP THE SENATE,

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Ballard Broun of 46th Cox

Duncan Hill Skene

Smith Summers

On the passage of the bill, the ayes were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following reports of standing committees were read by the Secretary:

Senator McGill of the 24th District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. President:
Your Committee on Agriculture has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1392. Do pass.
Respectfully submitted, McGill of 24th, Chairman.

Senator Coggin of the 35th District, Chairman of the Committee on Ap propriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the follow ing bills and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 401. Do pass. HB 1300. Do pass as amended. HB 1606. Do pass. HB 1850. Do pass.

WEDNESDAY, FEBRUARY 20, 1974

2035

HR 315. Do pass. HR 502. Do pass. HR 538. Do pass. HR 543. Do pass. HR 631. Do pass.

Respectfully submitted, Coggin of 35th, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
HB 1381. Do pass. HB 1782. Do pass. HB 1939. Do pass. HB 1961. Do pass. HB 1975. Do pass. HB 1988. Do pass. HB 1989. Do pass. HB 2017. Do pass. HB 2019. Do pass as amended. HB 2025. Do pass as amended. HB 2033. Do pass as amended. HB 2053. Do pass. HB 2060. Do pass. HB 2061. Do pass. HB 2068. Do pass. HR 70. Do pass.

2036

JOURNAL OF THE SENATE,

HR 486. Do pass. HR 685. Do pass.

Respectfully submitted, Overby of 49th, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1985. Do pass. HB 1986. Do pass. HB 1987. Do pass. HB 2037. Do pass by substitute. HB 2071. Do pass. HB 2072. Do pass. HB 2073. Do pass. HB 2076. Do pass. HB 2077. Do pass. HR 204. Do pass.
Respectfully submitted, Overby of 49th, Chairman.
Senator Hudgins of the 15th District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. President:
Your Committee on Defense and Veterans Affairs has had under considera-

WEDNESDAY, FEBRUARY 20, 1974

2037

tion 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 489. Do pass.
HR 561. Do pass.

Respectfully submitted, Hudgins of 15th, Chairman.

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
Mr. President:
Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1409. Do pass.
Respectfully submitted, Kidd of 25th, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1805. Do pass.
Respectfully submitted, Fincher of 54th, Chairman.

Senator Johnson of the 38th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill

2038

JOURNAL OF THE SENATE,

of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 127. Do pass by substitute.

Respectfully submitted, Johnson of 38th, Chairman.

The following bills and resolutions of the House were read the second time:

HB 401. By Messrs. Smith of the 74th, Adams of the 36th, Brown of the 89th and Jessup of the 102nd:
A bill to authorize the Department of Public Safety to reimburse any employee for all reasonable and necessary expenses incurred when such employee is assigned to duties which require him to relocate his place of residency.

HB 1300. By Mr. Adams of the 14th:
A bill to amend an Act creating the Department of Public Safety, so as to change the provisions relative to credit for prior service in connection with longevity increases in compensation.

HB 1606. By Mr. Murphy of the 18th and others:
A bill to amend an Act creating the Department of Public Safety, so as to change the compensation of certain members of the Department of Public Safety.

HB 1850. By Mr. Murphy of the 18th and others:
A bill to amend an Act to fix the salaries of the judges of the superior courts, so as to change the maximum salary which may be paid from State funds for secretaries of superior court judges and district at torneys.

HR 315. By Messrs. Adams and Smith of the 74th: A resolution compensating Mr. Cecil Harris.

HR 502. By Messrs. Adams and Smith of the 74th:
A resolution compensating Mr. Walter H. Peacock, Jr., as the Executor under the will of James Michael Flanagan.

WEDNESDAY, FEBRUARY 20, 1974

2039

HR 538. By Mr. Bostick of the 123rd: A resolution compensating Mrs. M. O. Lindsey.

HR 543. By Messrs. Buck of the 87th, Berry of the 86th and others: A resolution compensating Sergeant Lee Blanchard.

HR 631. By Mr. Harris of the 8th : A resolution compensating the City of Cartersville.

HB 1392. By Mr. Busbee of the 114th:
A bill to amend an Act known as the "Georgia Pesticide Use and Ap plication Act", so as to limit application of surety bonds and liability insurance policies required of applicants for pesticide applicator's licenses.

HB 1805. By Mr. Edwards of the 95th and others:
A bill to prohibit any State board, body, agency, official, institution or other person or associations from discriminating against optometrists licensed under Code Chapter 84-11 for visual care services when the visual care services are within the scope of practice of optometrists licensed under said Chapter.

HR 561. By Mr. Ware of the 65th and others:
A resolution proposing an amendment to the Constitution so as to increase the homestead exemption to $4,000 for any veteran who has been certified as being a 100 percent service-connected permanently disabled veteran by the United States Veterans Administration.

HR 489. By Mr. Coleman of the 102nd and others:
A resolution proposing an amendment to the Constitution so as to pro vide that any person who is serving or has served in the organized militia of the Georgia National Guard and who has not been dishonorably discharged therefrom shall be given such preference in any civil service program established in the State government or any political sub division thereof as may be determined by appropriate action of the General Assembly.
HB 127. By Mr. Snow of the 1st and others:
A bill to amend Code Title 27, relating to criminal procedure, so as to provide that on the trial of all criminal cases the jury shall give a

2040

JOURNAL OF THE SENATE,

verdict of guilty, and the judge shall fix the sentence to be imposed in such case.

HB 1409. By Mr. Murphy of the 18th and others:
A bill to amend an Act known as the "Georgia Building Authority Act", so as to change the membership of the Authority; to change the pro vision relating to a quorum.

HB 1571. By Messrs. Colwell of the 4th, Bennett of the 124th and Twiggs of the 4th:
A bill to amend an Act entitled the "Minimum Foundation Program of Education Act", so as to provide that the minimum foundation program of education offered to "isolated schools" shall meet at least the minimum requirements and standards provided by the State Board of Education for public schools.

HB 1596. By Mr. Farrar of the 52nd:
A bill to amend an Act requiring the State Revenue Commissioner to examine the tax digests of the several counties for the purpose of ascertaining whether the violation of the various classes of property in the respective counties is uniform, so as to provide for adjustment of millage rate by boards of education.

HB 1381. By Mr. Adams of the 36th:
A bill to amend an Act entitled "An Act to incorporate the City of Hapeville, so as to provide authority for the election of a Councilmanat-large to be elected from any section of the city."

HB 1782. By Messrs. Kreeger of the 21st, Wilson and Howard of the 19th and others:
A bill to amend an Act creating, the State Court of Cobb County, former ly known as the Civil and Criminal Court of Cobb County, so as to provide for an additional judge of the State Court of Cobb County.

HB 1939. By Messrs. Cole of the 6th and Turner of the 3rd: A bill to create a board of elections in certain counties (population of not less than 51,000 and not more than 55,110) ; to provide for the appointment, terms and qualifications of members.
HB 1961. By Mr. Dollar of the 63rd: A bill to amend an Act creating a new charter for the City of Douglasville, so as to change the corporate limits of said city.

WEDNESDAY, FEBRUARY 20, 1974

2041

HB 1975. By Messrs. Dean of the 60th and Mason of the 59th:
A bill to amend an Act creating a new charter and municipal govern ment for the City of Buford, so as to change the provisions relative to taxation for the support and maintenance of the public school system of said city.

HB 1988. By Mr. Groover of the 75th:
A bill to amend an Act consolidating and codifying the various acts incorporating the City of Forsyth in the county of Monroe, so as to change the qualifications of the Recorder.

HB 1989. By Mr. Groover of the 75th: A bill to provide for the compensation of the Sheriff of Monroe County.

HB 2017. By Messrs. Brown, Coney, Pinkston of the 89th and others:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewage Authority Act", so as to extend the terms of the members of the Authority.

HB 2019. By Messrs. Matthews and Collins of the 122nd:
A bill to amend an Act establishing a new charter for the City of Moultrie, so as to provide that all municipal elections shall be held and conducted in accordance with the provisions of Code Title 34A, the Georgia Municipal Election Code, as the same is now or hereafter amended.

HB 2025. By Messrs. Coney, Brown, Berlin of the 89th:
A bill to create the Macon-Bibb County Urban Development Authority; to establish said Authority as a public body corporate and politic.

HB 2033. By Messrs. Davis of the 56th, Jordan of the 58th, Collins of the 45th and others:
A bill to amend an Act creating a Board of Commissioners of DeKalb County, so as to provide that if any member of the Board of Commis sioners of DeKalb County shall qualify for nomination or election to any other elective office, his position of membership on the Board shall be vacated.

2042

JOURNAL OP THE SENATE,

HB 2053. By Messrs. Collins of the 45th, Geisinger of the 44th, Burton of the 47th and others:
A bill to create the DeKalb County Oglethorpe Housing Foundation; to provide for a short title; to provide for legislative findings and declaration of necessity.

HB 2060. By Mr. Ross of the 72nd:
A bill to amend an Act providing for the compensation of the Ordinary of Warren County, so as to change the provisions relative to the compen sation of the ordinary.

HB 2061. By Mr. Ross of the 72nd:
A bill to amend an Act placing the sheriff of Warren County on an annual salary, so as to provide for an automobile for the sheriff.

HB 2068. By Mr. Ross of the 72nd:
A bill to amend an Act placing the Clerk of the Superior Court of War ren County on an annual salary, so as to change the provisions relative to clerical assistance.

HR 70. By Mr. Alexander of the 38th:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the City of Atlanta under certain circum stances to levy ad valorem taxes for the purpose of paying the principal of and the interest on certain revenue obligations issued by said City.

HR 486. By Mr. Adams of the 36th :
A resolution proposing an amendment to the Constitution so as to provide a homestead exemption from taxation to resident homeowners in the City of Hapeville, in an amount not to exceed $2,500 and that the present homestead exemption of $4,000 to resident homeowners age 65 years or over and resident homeowners who are totally disabled be increased to $6,500.

HR 685. By Messrs. Coney, Brown and Berlin of the 89th:
A resolution proposing an amendment to the Constitution so as to permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, properties, monies, and services directly, or through the Macon-Bibb County Urban Development Authority, for the purposes of acquiring, constructing, improving, altering, repairing and maintaining properties within Bibb County, so as

WEDNESDAY, FEBRUARY 20, 1974

2043

to develop and redevelop urban, central city and downtown areas located within the County of Bibb.

HB 1985. By Mr. Tucker of the 69th: A bill to provide for a new Board of Commissioners of Henry County.

HB 1986. By Mr. Tucker of the 69th:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of Henry County.

HB 1987. By Mr. Tucker of the 69th:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary, so as to change the compensation of the tax commissioner of Henry County.

HB 203'7. By Mr. Dixon of the 126th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Charlton, so as to provide for a five-member board of commissioners; to provide for election posts.

HB 2071. By Messrs. Sweat of the 125th and Dixon of the 126th:
A bill to amend an Act creating the State Court of Ware County, so as to provide for six-man juries in said court.

HB 2072. By Mr. Sweat of the 125th :
A bill to amend an Act creating a new charter for the City of Homerville, so as to change the method of registration of voters in said city.

HB 2073. By Messrs. Russell of the 53rd, Horton of the 56th, Farrar of the 52nd and others:
A bill to amend an Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), so as to provide for an additional assistant solicitor of said Court.

2044

JOURNAL OF THE SENATE,

HB 2076. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the office of tax commissioner of Ware County, so as to change the compensation of the tax commissioner.

HB 2077. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the State Court of Ware County, so as to change the compensation of the Judge and the Solicitor of said court.

HR 204. By Messrs. Brown and Carlisle of the 67th:
A resolution relieving the sureties on certain bonds within certain courts of Spalding County.

Senator Holley of the 22nd moved that the Senate do now adjourn until 9:30 A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

THURSDAY, FEBRUARY 21, 1974

2045

Senate Journal, Atlanta, Georgia Thursday, February 21, 1974.

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today, and was called to order by the President Pro Tempore, Senator Gillis of the 20th.

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.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed or adopted by the requisite constitutional majority the following bills and resolutions of the Senate, to-wit:

SB 692. By Senator Zipperer of the 3rd:
A bill to abolish the present mode of compensating the Ordinary of Bryan County, known as the fee system; to provide in lieu thereof an annual salary.

SB 694. By Senator Zipperer of the 3rd:
A bill to amend an Act abolishing the offices of tax receiver and tax collector of Bryan County and creating the office of tax commissioner so as to change the compensation.

SB 567. By Senators Johnson of the 38th, Stephens of the 36th and others:
A bill to permit certain municipalities which establish a planning depart ment to establish a Zoning Review Board under certain circumstances.

SB 529. By Senator Stephens of the 36th and others:
A bill to repeal an Act and all Acts amendatory thereof, which applied to certain municipalities the zoning and planning provisions of an Act approved on Jan. 31, 1946.

2046

JOURNAL OF THE SENATE,

SB 627. By Senator Reynolds of the 48th:
A bill to provide that applicants for examination or licensure by any state examining board or commission which now exists or which here after is created, need not be citizens of the United States nor have filed an intent to become a citizen of the United States as a prerequisite to such examination or licensure.

SB 654. By Senator London of the 50th: A bill to revise the Charter of and to reincorporate the City of Hiawassee in the County of Towns.
SB 566. By Senator Salter of the 17th: A bill to amend an Act creating a new charter for the City of Jackson, as amended, to provide certain changes.

SB 472. By Senator Kennedy of the 4th and others:
A bill to amend Section 68-201 of the Code of Georgia, as amended, and to amend an Act approved December 24, 1973, as amended, and codified as Section 92-2902 of the Code of Georgia, both of which relate to the registration and the licensing of motor vehicles, so as to provide that said Sections shall not apply to any trailer that has no springs and is being employed in hauling unprocessed farm products to their first market destination.
SB 574. By Senator McGill of the 24th and others:
A bill to authorize and empower the Georgia State Scholarship Com mission to activate a program to provide for the granting of scholarships to students desiring to pursue a program of study in veterinary medicine.

SB 503. By Senator Lester of the 23rd and others:
A bill to amend an Act known as the "Litter Control Law", so as to change the penalty for littering.

SB 530. By Senator Stephens of the 36th and others:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide that the minimum retirement allowance for members shall apply to public school teachers who retired pursuant to board of education retirement system.

SB 537. By Senator Gillis of the 20th and others: A bill to amend an Act superseding, with stated exceptions, all previous

THURSDAY, FEBRUARY 21, 1974

2047

laws of this State relating to the Forestry Commission, so as to au thorize the State Forestry Commission to manage forest properties under the authority of the State Government.

SB 538. By Senator Gillis of the 20th and others:
A bill to amend an Act comprehensively revising the laws relating to the Georgia Forestry Commission to acquire land.

SB 533. By Senator McGill of the 24th and others:
A bill to provide for the procedure relative to the compensation, expenses, milage and allowances for the Secretary of the Senate.

SR 283. By Senator Stephens of the 36th and others:
A resolution proposing an amendment to the Constitution, so as to au thorize the General Assembly to provide by law for the increase of retirement or pension benefits of retired public school teachers.

SR 287. By Senators Hudgins of the 15th, Salter of the 17th and others:
A resolution urging the Adjutant General of the State to establish a course of instruction to teach members of the National Guard the art of conducting a military funeral.

SB 430. By Senator Thompson of the 32nd:
A bill to amend the "Uniform Act Regulating Traffic on Highways", as amended, so as to authorize, at the discretion of local authorities, the operation of certain motor vehicles in parades.

SB 455. By Senator Thompson of the 32nd:
A bill to amend an Act creating a Department of Public Safety for Geor gia, as amended, so as to provide that in certain counties officers of the Department of Public Safety may render assistance to local authorities upon request of the chief officer of the county police force.

SB 461. By Senator Dean of the 6th:
A bill to amend an Act known as the "Georgia Food Act", as amended, so as to prohibit the labeling of a product as honey unless produced by bees.

2048

JOURNAL OF THE SENATE,

SB 469. By Senator Wasden of the 2nd:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that no person shall operate a motor vehicle wearing certain devices.

SB 476. By Senator McGill of the 24th:
A bill to amend an Act known as the "Georgia Meat Inspection Act", as amended, so as to include rabbits within the provisions of said act.

SB 662. By Senators Zipperer of the 3rd and Wasden of the 2nd:
A bill to amend an Act completely consolidating the laws of this State relative to game and fish, so as to change the count of shrimp per pound required to open or close the season.

SB 663. By Senator Zipperer of the 3rd:
A bill to amend an Act revising the laws of this State relative to game and fish concerning surety bonds.

SB 178. By Senator Lester of the 23-rd:
A bill to amend an Act authorizing counties to establish and maintain a law library for the use of the judges, solicitors, and other officers of the courts of said counties.

SR 329. By Senator Lester of the 23rd:
A resolution authorizing the conveyance of certain State-owned real property and the acceptance of certain property owned by the City of Augusta.

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 623. By Senator Parker of the 31st:
A bill to amend an Act establishing the State Court of Polk County, so as to change the compensation of the judge of said court.

SB 624. By Senator Parker of the 31st:
A bill to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation.

THURSDAY, FEBRUARY 21, 1974

2049

SB 693. By Senator Zipperer of the 3rd:
A bill to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary.

SB 504. By Senator Rowan of the 8th: A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide for instruction to pupils who are married, a parent, or pregnant.
SB 495. By Senator Barker of the 18th and others: A bill to repeal Chapter 79A-8, known as the "Uniform Narcotic Drug Act" and Chapter 79A-9, known as the "Drug Abuse Control Act" of Code Title 79A, relating to pharmacists, drugs, and narcotics.

SB 480. By Senator Gillis of the 20th and others:
A bill to create the Board of Admissions of the College of Veterinary Medicine.

SB 176. By Senator Fincher of the 54th and others:
A bill to provide additional identification and reporting procedures for abused children.

SB 151. By Senator Lester of the 23rd:
A bill to amend Code Section 113-1702, relating to sales by administra tors.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 450. By Senator Kidd of the 25th : A bill to require certain reflective materials upon certain bicycles.

SB 702. By Senator London of the 50th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County.

2050

JOURNAL OF THE SENATE,

The House has agreed to the Senate substitutes to the following bills of the House, to-wit:

HB 1373. By Mr. Carr of the 90th and others:
A bill to amend Code Title 95A, known as the "Georgia Code of Public Transportation", so as to provide that vehicles designed and utilized for spreading agricultural materials may exceed 96 inches, but not 112 inches.

HB 1339. By Mrs. Hamilton of the 31st:
A bill to amend Code Chapter 34A-16, relating to penalties for violations of the Georgia Municipal Election Code, to make for misdemeanors.

HB 85. By Mr. Alexander of the 38th:
A bill to amend an Act establishing a new charter for the City of At lanta, relating to the "Ombudsman Chapter of the Charter of the City of Atlanta".

The House has agreed to the Senate amendments to the following bills of the House, to-wit:

HB 336. By Mr. Bostick of the 123rd: A bill to amend certain laws relating to the appointment and salary of the Supervisor of Purchases.
HB 1302. By Mr. Brantley of the 92nd: A bill to amend Code Section 47-101, relating to the apportionment of the House of Representatives.
The House has adopted the report of the Second Committee of Conference on the following bills of the House, to-wit:
HB 78. By Mr. Coney of the 89th and others: A bill to provide for no-fault motor vehicle insurance.
HB 246. By Messrs. Brown of the 89th and Adams of the 36th: A bill to amend an Act establishing a violation point system for the assessment of points for various moving traffic violations.

THURSDAY, FEBRUARY 21, 1974

2051

The following reports of standing committees were read by the Secretary:

Senator Coggin of the 35th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the follow ing bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1761. Do pass. Respectfully submitted, Coggin of 35th, 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 709. Do pass. HB 1109. Do pass. HB 1265. Do pass. HB 1627. Do pass. HB 1628. Do pass. HB 1755. Do pass. HB 1889. Do pass as amended. HB 2004. Do pass.
Respectfully submitted, Holley of 22nd, Chairman.

Senator Kidd of the 25th 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

2052

JOURNAL OF THE SENATE,

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 recomm^ndation:
HB 1340. Do pass.

Respectfully submitted, Kidd of 25th, Chairman.

Senator Reynolds of the 48th District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 509. Do pass. HB 1537. Do pass.
Respectfully submitted, Reynold of 48th, Chairman.

Senator Dean of the 6th District, Chairman of the Committee on Natural Resources and Environmental Quality, submitted the following report:
Mr. President:
Your Committee on Natural Resources and Environmental Quality 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 recommenda tion:
HB 1010. Do pass as amended.
Respectfully submitted, Dean of 6th, Chairman.

The following bills of the House were read the second time:

THURSDAY, FEBRUARY 21, 1974

2053

HB 509. By Mr. Daugherty of the 33rd:
A bill to amend Code Section 23-1705(3), so as to increase from $1,000 to $5,000 the contract price below which public works contractors need not post payment and performance bonds.

HB 709. By Messrs. Levitas of the 50th, Brown of the 34th, Patten of the 123rd and others:
A bill to create the Georgia Development Authority for Housing Finances.

HB 1109. By Mr. Cole of the 6th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to increase the interest rate on delinquent taxes.
HB 1265. By Messrs. Rogers and Harden of the 128th:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, so as to provide that no policy of liability insurance shall be issued or delivered in this State unless it contains provisions to the effect that the insolvency or bankruptcy of the insured shall not re lease the insurer from payment of damages.

HB 1340. By Mr. Harris of the 51st:
A bill to create the Georgia Heritage Commission; to provide for the members, officers and employees of the Commission.

HB 1537. By Mr. Larsen of the 102nd:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to change the qualifications of medical or labora tory technicians or aides who withdraw blood from patients for the purpose of determining the alcoholic content therein.

HB 1627. By Mr. Buck of the 87th:
A bill to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to provide that the knowing conversion of funds deducted and withheld pursuant to said Act with the intention to deprive the State of said funds shall be a felony.

HB 1628, By Mr. Buck of the 87th: A bill to amend an Act known as the "Georgia Retailers' and Consum-

2054

JOURNAL OF THE SENATE,

ers' Sales and Use Tax Act", so as to provide that the knowing conver sion of funds collected from another pursuant to said Act with the intention to deprive the State of such funds shall be a felony.

HB 1755. By Messrs. Johnson, Bailey, Lee and Northcutt of the 68th:
A bill to amend Code Chapter 92-69, relating to the powers and duties of the county boards of tax assessors, so as to change the contents of the notice required to be given by the board of county tax assessors; to provide that the members and alternate members of the county board of equalization shall be selected from the grand jury list.
HB 1889. By Messrs. Williams of the 9th and Murphy of the 18th:
A bill to amend Code Title 13, known as the "Banking Law" of Georgia, as amended, so as to provide that no person, firm or corporation other than a bank, savings and loan association or credit union shall accept "savings" or "savings accounts" or "deposits" except under certain conditions; to define "deposit".

HB 2004. By Mr. Morgan of the 70th:
A bill to amend Code Section 109A-4-104, relating to definitions under Article 4 of the Uniform Commercial Code, so as to change the definition of the word "item".

HB 1761. By Messrs. Edwards of the 95th and Harrison of the 116th:
A bill to amend Code Chapter 23-23, relating to paupers, so as to pro vide for the payment for ambulance services for indigents; to provide for the practices and procedures in connection therewith.

The following local, uncontested bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 1381. By Mr. Adams of the 36th:
A bill to amend an Act entitled An Act to incorporate the City of Hapeville, so as to provide authority for the election of a Councilman-atlarge to be elected from any section of the city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

THURSDAY, FEBRUARY 21, 1974

2055

The bill, having received the requisite constitutional majority, was passed.

HB 1782. By Messrs. Kreeger of the 21st, Wilson and Howard of the 19th, and others:
A bill to amend an Act creating the State Court of Cobb County, form erly known as the Civil and Criminal Court of Cobb County, so as to provide for an additional judge of the State Court of Cobb County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received-- the requisite constitutional majority, was passed.

HB 1939. By Messrs. Cole of the 6th and Turner of the 3rd:
A bill to create a board of elections in certain counties (population of not less than 51,000 and not more than 55,110) ; to provide for the ap pointment, terms and qualifications of members.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1961. By Mr. Dollar of the 63rd:
A bill to amend an Act creating a new charter for the City of Douglasville, so as to change the corporate limits of said city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

2056

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 1975. By Messrs. Dean of the 60th and Mason of the 59th:
A bill to amend an Act creating a new charter and municipal govern ment for the City of Buford, so as to change the provisions relative to taxation for the support and maintenance of the public school system of said city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1988. By Mr. Groover of the 75th:
A bill to amend an Act consolidating and codifying the various acts incorporating the City of Forsyth in the county of Monroe, so as to change the qualifications of the Recorder.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1989. By Mr. Groover of the 75th: A bill to provide for the compensation of the Sheriff of Monroe County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 21, 1974

2057

HB 2017. By Messrs. Brown, Coney and Pinkston of the 89th and others:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewage Authority Act", so as to extend the terms of the members of the Authority.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2053. By Messrs. Collins of the 45th, Geisinger of the 44th, Burton of the 47th and others:
A bill to create the DeKalb County Oglethorpe Housing Foundation; to provide for a short title; to provide for legislative findings and declara tion of necessity.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2060. By Mr. Ross of the 72nd:
A bill to amend an Act providing for the compensation of the Ordinary of Warren County, so as to change the provisions relative to the com pensation of the ordinary.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

2058

JOURNAL OF THE SENATE,

HB 2061. By Mr. Ross of the 72nd:
A bill to amend an Act placing the sheriff of Warren County on an an nual salary, so as to provide for an automobile for the sheriff.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2068. By Mr. Ross of the 72nd:
A bill to amend an Act placing the Clerk of the Superior Court of Warren County on an annual salary, so as to change the provisions relative to clerical assistance.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1986. By Mr. Tucker of the 69th:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of Henry County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 21, 1974

2059

HB 1985. By Mr. Tucker of the 69th: A bill to provide for a new Board of Commissioners of Henry County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1987. By Mr. Tucker of the 69th: A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary, so as to change the compensation of the tax commissioner of Henry County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 2071. By Messrs. Sweat of the 125th and Dixon of the 126th: A bill to amend an Act creating the State Court of Ware County, so as to provide for six-man juries in said court.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 52, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 2072. By Mr. Sweat of the 125th: A bill to amend an Act creating a new charter for the City of Homerville, so as to change the method of registration of voters in said city.

2060

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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2073. By Messrs. Russell of the 53rd, Horton of the 56th, Farrar of the 52nd and others:
A bill to amend an Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), so as to provide for an additional assistant solicitor of said Court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2076. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the office of tax commissioner of Ware County, so as to change the compensation of the tax commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2077. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the State Court of Ware County, so as to change the compensation of the Judge and the Solicitor of said court.

THURSDAY, FEBRUARY 21, 1974

2061

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 204. By Messrs. Brown and Carlisle of the 67th:
A resolution relieving the sureties on certain bonds within certain courts of Spalding County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2019. By Messrs. Matthews and Collins of the 122nd:
A bill to amend an Act establishing a new charter for the City of Moultrie, so as to provide that all municipal elections shall be held and conducted in accordance with the provisions of Code Title 34A, the Georgia Municipal Election Code, as the same is now or hereafter amended.

The Committee on County and Urban Affairs offered the following amend ment to HB 2019:
Amend HB 2019 by inserting on line 8 on Page four, after the word "council", the following:
"in office on the effective date of this Section".
By inserting on line 13 on Page four, after the word and symbol "census.", the following:
"Thereafter, the mayor and council may issue any number of licenses for the sale of alcoholic beverages and liquors, except as otherwise provided by general law."

2062

JOURNAL OF THE SENATE,

On the adoption of the amendment, the ayes were 52, 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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed i amended.

HB 2025. By Messrs. Coney, Brown and Berlin of the 89th and others:
A bill to create the Macon-Bibb County Urban Development Authority; to establish said Authority as a public body corporate and politic.

The Committee on County and Urban Affairs offered the following amend ment to HB 2025:
Amend HB 2025 by inserting, following the word "purposes" on line 20 of Page 7 the following:
"and to acquire by purchase, gift or lease any property owned by the city or county which has been acquired or damaged through the exercise of the right of eminent domain by the city or county".
By inserting, following the word "State" on line 26 of Page 7 the following:
"; provided further that the Authority shall not acquire or damage property through the exercise of the right of eminent domain unless the Authority is granted prior written approval for such actions by the governing authorities of the city for property located in the city, or the county for property located in the county but not in the city, or by the Georgia Public Service Commission for property owned by a public utility.".

On the adoption of the amendment, the ayes were 52, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

THURSDAY, FEBRUARY 21, 1974

2063

The bill, having received the requisite constitutional majority, was passed as amended.

HB 2033. By Messrs. Davis of the 56th, Jordan of the 58th, Collins of the 45th and others:
A bill to amend an Act creating a Board of Commissioners of DeKalb County, so as to provide that if any member of the Board of Commis sioners of DeKalb County shall qualify for nomination or election to any other elective office, his position of membership on the Board shall be vacated.

The Committee on County and Urban Affairs offered the following amend ment to HB 2033:
Amend HB 2033 by renumbering Section 2 as Section 3 and by inserting following Section 1 a new Section 2 to read as follows:
"Section 2. This Act shall become effective on January 1, 1975."

On the adoption of the amendment the ayes were 52, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 2037. By Mr. Dixon of the 126th: A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Charlton, so as to provide for a five-member board of commissioners; to provide for election posts.
The Committee on County and Urban Affairs offered the following substitute to HB 2037:
A BILL
To be entitled an Act to amend an Act creating a board of com missioners of roads and revenues for the County of Charlton, approved

2064

JOURNAL OF THE SENATE,

August 4, 1927 (Ga. Laws 1927, p. 529), as amended, particularly by an Act approved March 27, 1941 (Ga. Laws 1941, p. 810), an Act approved March 27, 1947 (Ga. Laws 1947, p. 995), an Act approved March 9, 1959 (Ga. Laws 1959, p. 2405), and an Act approved April 12, 1963 (Ga. Laws 1963, p. 3416), so as to provide for a five-member board of commis sioners; to provide for election from posts; to provide for county-wide vote for all candidates; to provide for initial and regular terms of of fice; to provide for other matters relevant thereto; 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 creating a board of commissioners of roads and revenues for the County of Charlton, approved August 4, 1927 (Ga. Laws 1927, p. 529), as amended, particularly by an Act approved March 27, 1941 (Ga. Laws 1941, p. 810), an Act approved March 27, 1947 (Ga. Laws 1947, p. 995), an Act approved March 9, 1959 (Ga. Laws 1959, p. 2405), and an Act approved April 12, 1963 (Ga. Laws 1963, p. 3416), is hereby amended by striking from Section 1 the word and figure "three (3)" and inserting in lieu thereof the word and figure "five (5)", so that when so amended, Section 1 shall read as follows:

"Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that a board of commissioners of roads and revenues for the County of Charlton, in said State, is hereby created to consist of five (5) members who shall be qualified voters of said county."
Section 2. Said Act is further amended by striking Section 2 of said Act, which reads as follows:
"Section 2. Be it further enacted by the authority aforesaid, That, for the purpose of this Act the County of Charlton, shall be divided into three road districts as follows: The Uptonville and Winokur Militia Districts shall constitute road district number one (1); the Folkston and Trader's Hill Militia Districts shall constitute road district number two (2); that Saint George and Moniac Militia Districts shall constitute road district number three (3); and one commissioner shall be elected from each road district and shall be a resident of the road district that he represents. The voters of the entire county shall vote for all candidates for commissioners from all road districts in both the primary and general elections.",
in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. For the purposes of electing the members of the board of commissioners, there shall be five commissioner posts to be designated Post No. 1, Post No. 2, Post No. 3, Post No. 4, and Post No. 5, respectively. The commissioner elected to each such post shall be elected from the county at large. The voters of the entire county shall vote for all candidates for all posts in both the primary and general elections."

THURSDAY, FEBRUARY 21, 1974

2065

Section 3. This Act shall take effect January 1, 1975. Provided, however, that a commissioner for Post No. 1, Post No. 2, Post No. 3, Post No. 4, Post No. 5 shall be elected in the primary and general elections held immediately preceding January 1, 1975. The commissioners for Post No. 2 and for Post No. 5 so elected shall take office on January 1, 1975, and shall continue in office until December 31, 1976, or until their suc cessors are elected and qualified. Nothing contained in this Act shall prohibit the commissioners so elected to an abbreviated term from being elected to succeed themselves. A commissioner for Post No. 1, Post No. 3 and Post No. 4 shall take office on January 1, 1975, and shall continue in office until December 31, 1978, or until their successors are elected and qualified. The commissioners whose terms begin on January 1, 1977, and for all terms thereafter shall be elected in the primary and general elections immediately preceding the expiration of their terms at which members of the General Assembly from Charlton County are elected. Beginning January 1, 1977, the term of office for all commis sioners shall be four years.

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 52, 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 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following resolution of the Senate was read and adopted:

SR 422. By Senator Johnson of the 38th: A resolution commending Hoyt G. Brown, Jr.

Senator Gillis of the 20th, who was presiding, ordered the morning roll call, and the following Senators answered to their names:

Barker Bell Broun of 46th

Brown of 47th Carter Doss

Duncan Herndon Hill

2066
Holloway Howard Hudgins Kennedy Kidd Langford Lester McDuffie

JOURNAL OF THE SENATE,

McGill Moore Overby Parker Reynolds Rowan Salter Smith

Stephens Sutton Thompson Tysinger Warren Wasden Webb Zipperer

Those not answering were Senators:

Ballard Cleland Coggin Coverdell Cox Dean Eldridge Fincher

Garrard Gillis (presiding) Hamilton Henderson Holley Jackson Johnson London

Riley Skene Smalley Starr Summers Ward Young

Senator McGill of the 24th introduced as Chaplain, The Reverend R. C. Daniel, pastor, First Baptist Church, Lincolnton, Georgia, who offered scripture reading and prayer.

The following is the Senate Rules Calendar for today:
SENATE RULES CALENDAR
Thursday, February 21, 1974
HB 127. Criminal Cases--must have verdict and judge fix sentence (SUB) HB 164. Lending Inst., Public. Util.--restriction on selling ins. (SUB) HB 279. Jud. Cir. with More Than One Judge--compensation Asst. D. A. HB 409. Tangible Property Tax--pay in installments HB 580. Uniform Reciprocal Enforcement of Support Act--amend (SUB) HB 750. Alcoholic Bev. by Drink--excise tax (SUB) HB 806. Excise Tax on Hotels--delete prohibitions against levy (SUB) HB 1011. Local Income Tax--counties and cities levy HB 1012. Local Sales & Use Tax--cities and counties levy HB 1031. MARTA Tax--reduce amount due each local government HB 1070. Comprehensive Soil Erosion & Sediment Control Program--
provide HB 1112. Grand Jurors--two alternates (SUB)

THURSDAY, FEBRUARY 21, 1974

2067

HB 1291. Sedition and Subversive Activities Act--questionnaire (AM)

HB 1316. Public School Ret. System--advance list of retirees

HB 1317. Sup. Ct. Clerk--notices on homestead exemption

HB 1349. Cigars and Cigarettes--seizure when illegally held

HB 1361. Board of Dental Exam. License--add. grounds for suspension

HB 1392. Pesticide Applicator License Applicant--surety bonds

HB 1395. Environmental Education Advisory Council--create

HB 1415. Malt Bev. Excise Tax--cities and counties impose

HB 1425. County Sheriffs--contract with cities for services

HB 1437. Teachers' Retirement--military service credit

HB 1446. Livery Boats--licensing and numbering

HB 1448. Municipal Corporations--purchase liability insurance

HB 1449. Motor Contract Carriers^-safety rules and regulations

HB 1465. Nonprofit Credit Union Deposit Insurance Corp.--authorize

HB 1476. Net Income Taxation--terms same as U. S. Internal Rev.

HB 1495. City-County Ad Valorem Tax--uniform fair market value

HB 1506. Canada--Uniform Recip. Enforcement of Support Act

HB 1512. Rapid Transit Auth.--exempt from sales tax levied

HB 1534. Forestry Commission--federally funded fire protection

HB 1540. Public Safety Aircraft--use by Crime Lab

HB 1560. Gift of Body or Part of Body--permission on driver's license

HB 1599. Military Legal Assistance Act of 1974--create

HB 1610. MARTA--amount of tax used to subsidize operations

HB 1657. Medical Records--confidential and privileged

HB 1661. Drawing Grand Jurors--increase maximum number

HB 1705. Fiduciary Investment Companies--invest in real estate

HB 1731. Uniform Div. of Conservation Rangers--classes of employees

HB 1735. HB 1764. HB 1815.
HB 1833. HB 1841. HR 230. HR 574.

Water Quality Control Act--redefine "pollution" Criminal Justice Commission of Georgia--create M. F. P. E.--requirements for certification of teachers, etc.
(SUB) Act Authorizing St. Emp. to Hold City Office--repeal
Securities Registration--clarify certain provisions Revenue Anticipation Obligations--expend purposes (AM)
Spewrell Bluff Dam Project--supporting and endorsing construc tion

2068

JOURNAL OF THE SENATE,

The President assumed the Chair.

The following bill of the Senate was taken up for the purpose of considering a House Substitute thereto:

SB 450. By Senator Kidd of the 25th:
A bill to require certain reflective materials upon certain bicycles; to provide penalties; to repeal certain specific provisions of conflicting laws.

The House substitute was as follows:
A BILL
To be entitled an Act to require certain reflective materials upon certain bicycles; to provide penalties; to repeal certain specific provi sions of conflicting laws; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. After July 1, 1975, it shall be unlawful for any person to sell, offer to sell a bicycle for operation upon any roadway open to the public unless such bicycle is equipped with reflective surfaces which must be visible during the hours of darkness from 500 feet when viewed under lawful low beam headlamps of a motor vehicle under normal at mospheric conditions on a straight, level, unlighted roadway. The pro vision of this Act shall not apply to bicycles manufactured prior to July 1, 1975. The prescribed reflective surfaces shall include a white reflective material which shall have a minimum of four square inches to be mounted on the front of the bicycle, a red reflective material which shall have a minimum of six square inches to be mounted on the rear of the bicycle (reflective materials on each vertical side of each foot pedal of the bicycle to indicate their presence from the front or the rear) and a minimum of twelve square inches on each side of the bicycle of white or amber reflective material. All reflective materials to be used in order to comply with this Act shall meet those minimum requirements prescribed therefor by appropriate rules and regulations to be promul gated by the Commissioner of Public Safety.
Section 2. It shall be unlawful for any person to operate any bicycle which has been manufactured after July 1, 1975, upon any public roadway without the required reflective materials prescribed by Section 1 of this Act.
Section 3. Any person who shall violate the provisions of this Act shall be punished by a fine not to exceed twenty-five dollars.

THURSDAY, FEBRUARY 21, 1974

2069

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 disagree to the House substitute to SB 450.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the House substitute to SB 450 was disagreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 480. By Senators Gillis of the 20th, McGill of the 24th, Zipperer of the 3rd and Kennedy of the 4th:
A bill to create the Board of Admissions of the College of Veterinary Medicine; to provide for definitions; to provide for the membership of said Board; to provide for the powers and duties of said Board; to pro vide for funding; to provide for all matters relative to the foregoing.

The House amendment was as follows:
Amend SB 480 by striking the first paragraph of Section 1 in its entirety and inserting in lieu thereof a new first paragraph to read as follows:
"There is hereby created the Advisory Board of the College of Veterinary Medicine of the University of Georgia, which shall consist of six members as follows: the President of the Georgia Cattleman's Association or his designee, the President of the Geor gia Pork Producers Association or his designee, the President of the Georgia Milk Producers Association or his designee, the Presi dent of the Georgia Poultry Federation or his designee, the Presi dent of the Georgia Veterinary Medical Association or his designee, and the immediate past President of the Georgia Veterinary As sociation or his designee."

Senator Gillis of the 20th moved that the Senate agree to the House amend ment to SB 480.

On the motion, the ayes were 32, nays 0; the motion prevailed, and the House amendment to SB 480 was agreed to.

2070

JOURNAL OF THE SENATE,

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 1833. By Mr. Brown of the 67th:
A bill to repeal an Act authorizing State employees to run for and hold office in any government of any municipality having a population of 1,000 persons or less.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Herndon Holloway
Howard Jackson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker

Reynolds Salter Skene Smith Stephens Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Cleland Cox Henderson Hill

Holley Hudgins Johnson London Riley

Rowan Smalley Starr Summers Ward

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 21, 1974

2071

HB 1317. By Mr. Jordan of the 58th and others:
A bill to amend Code Chapter 24-27, relative to clerks of the superior courts, so as to require the clerks of the superior courts of counties having a population of not less than 300,000 nor more than 600,000, ac cording to the United States Decennial Census of 1970, or any future such census, to provide for notices to purchasers of certain real prop erty relative to homestead exemptions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Broun of 46th Brown of 47th Carter Coggin Coverdell Dean Doss Duncan Eldridge Garrard Gillis Hamilton Herndon

Hill Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester McDuffie McGill Moore

Overby Parker Reynolds Rowan Salter Skene Stephens Sutton Tysinger Warren
Wasden Webb Zipperer

Those not voting were Senators:

Ballard Bell Cleland Cox Fincher Henderson

Johnson London Riley Smalley Smith

Starr Summers Thompson Ward Young

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 1764. By Mr. Brown of the 89th:
A bill to amend the "Georgia Criminal Justice Act", so as to create a Criminal Justice Commission of the State of Georgia.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Carter Coverdell Duncan Pincher Hamilton Herndon Hill

Holloway Howard Jackson Johnson Langford Moore Overby

Parker Salter Skene Smith Tysinger Ward Webb

Those voting in the negative were Senators:

Broun of 46th Coggin Cox Dean Doss Eldridge

Gillis Kennedy Kidd Lester McDuffie Reynolds

Summers Sutton Warren Young Zipperer

Those not voting were Senators:

Barker Bell Brown of 47th Cleland Garrard Henderson

Holley Hudgins London McGill Riley Rowan

Smalley Starr Stephens Thompson Wasden

On the passage of the bill, the ayes were 22, nays 17.

The bill, having failed to receive the requisite constitutional majority, was lost.

THURSDAY, FEBRUARY 21, 1974

2073

Senator Johnson of the 38th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 1764.

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 11. By Senator Starr of the 44th:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", as amended, so as to require metal protectors on the rear most wheels of certain vehicles.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 1415. By Messrs. Atherton of the 19th, Duke and Nix of the 20th and others:
A bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, so as to provide for an excise tax which shall be imposed on malt beverages by municipalities and counties; to provide for a reporting system for the payment of such excise taxes on the sale of malt beverages.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Carter Coggin Coverdell Doss Eldridge Herndon Hill

Holley Holloway Howard Jackson Langford Lester McGill Parker Reynolds

Rowan Salter Skene Sutton Tysinger Ward Warren Webb Young

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Those voting in the negative were Senators:

Cox Gillis Hamilton Kennedy

Kidd McDuffie Moore

Overby Wasden Zipperer

Those not voting were Senators:

Ballard Brown of 47th Cleland Dean Duncan Pincher

Garrard Henderson Hudgins Johnson London Riley

Smalley Smith Starr Stephens Summers Thompson

On the passage of the bill, the ayes were 28, nays 10.
The bill, having failed to receive the requisite constitutional majority, was lost.
Senator Broun of the 46th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 1415.

HB 279. By Messrs. Bennett of the 124th, Dean of the 60th and Groover of the 75th:
A bill to amend an Act providing for certain assistant district attorneys in certain judicial circuits, so as to change the compensation of persons appointed as assistant district attorneys.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Carter Coggin Cox

Doss Duncan Henderson Herndon Hill

Holley Holloway Howard Hudgins Johnson

THURSDAY, FEBRUARY 21, 1974

2075

Kidd Langford Moore Overby Parker

Rowan Salter Smalley Smith Stephens

Tysinger Ward Warren Webb Young

Those voting in the negative were Senators:

Ballard Broun of 46th Brown of 47th Eldridge Garrard Gillis

Hamilton Kennedy Lester McDuffie McGill Reynolds

Summers Sutton Thompson Wasden Zipperer

Those not voting were Senators:

Cleland Coverdell Dean

Fincher Jackson London

Riley Skene Starr

On the passage of the bill, the ayes were 30, nays 17.

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 amendment to the following bill of the House, to-wit:

HB 1906. By Mr. Roach of the 8th and others:
A bill to create a court to be known as "State Court of Cherokee and Forsyth Counties".

The House has agreed to the Senate substitute as amended by the House to the following bill of the House, to-wit:

HB 1032. By Mr. Harris of the 51st: A bill to amend Code Title 67, relating to mortgages, conveyances to

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JOURNAL OF THE SENATE,

secure debt and lien, so as to change the provisions relating to fore closure of mortgages on personalty.

The following resolution of the Senate was read and adopted:

SR 423. By Senators Lester of the 23rd, Holley of the 22nd and Zipperer of the 3rd:
A resolution commending Honorable Roy V. Harris.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1012. By Mr. Atherton of the 19th: A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to authorize counties and certain municipalities to levy a local sales and use tax.
Senator Kidd of the 25th offered the following amendment:
Amend HB 1012 by adding on Page 3, line 10, a new sentence after the word "no" to read as follows:
"For this vote to become effective 50% of the registered voters must vote."

On the adoption of the amendment, Senator Tysinger of the 41st called for the ayes and nays, and the call was sustained.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Coggin Cox Dean Doss

Eldridge Fincher Garrard Gillis Henderson Hill Holley Hudgins

Jackson Kennedy Kidd Lester London McDuffie McGill Moore

THURSDAY, FEBRUARY 21, 1974

2077

Overby Reynolds Salter Skene

Starr Stephens Sutton Thompson

Warren Webb Zipperer

Those voting in the negative were Senators:

Bell Carter Coverdell Duncan Hamilton Herndon Holloway

Howard Johnson Langford Parker Rowan Smalley

Smith Summers Tysinger Ward Wasden Young

Not voting were Senators Cleland and Riley.

On the adoption of the amendment, the ayes were 35, nays 19, and the amend ment offered by Senator Kidd was adopted.
Senator Coggin of the 35th offered the following amendment:
Amend HB 1012 by adding on Page 4, line 20, the following sentence at the end of subsection (1):
"Public utilities collecting taxes and making returns hereunder shall be considered to have but one retail establishment in the county or municipality levying the tax and shall be required to report only the total collections within such county or municipality."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss

Duncan Eldridge Pincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway

Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill

2078
Moore Overby Parker Riley Rowan Salter Skene

JOURNAL OF THE SENATE,

Smalley Smith Starr Stephens Summers Button Thompson

Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting were Senators Cleland and Reynolds.

On the adoption of the amendment, the ayes were 54, nays 0, and the amend ment offered by Senator Coggin was adopted.

Senator Coggin of the 35th offered the following amendment:
Amend HB 1012 by adding on line 21, Page 2, after "l%", the fol lowing :
"The use tax imposed under the authority of this Section shall be applicable only to property subject to the State Use Tax."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Hamilton Henderson Herndon

Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester . London McDuffie McGill Moore Overby Parker Reynolds Riley

Those not voting were Senators:

Cleland Garrard Gillis

Hill Holley

Rowan Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer
Johnson Salter

THURSDAY, FEBRUARY 21, 1974

2079

On the adoption of the amendment, the ayes were 49, nays 0, and the amend ment offered by Senator Coggin 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Coggin Coverdell Doss Duncan Fincher Gillis Hamilton Herndon

Holley Howard Hudgins Jackson Johnson Langford Lester Parker Riley Rowan Skene

Smalley Smith Starr Summers Thompson Tysinger Ward Warren Wasden Young Zipperer

Those voting in the negative were Senators:

Brown of 47th Carter Cox Dean Eldridge Henderson Holloway

Kennedy Kidd London McDuffie McGill Moore

Overby Reynolds Salter Stephens Button Webb

Those not voting were Senators:

Cleland

Garrard

Hill

On the passage of the bill, the ayes were 34, nays 19.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Henderson of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1012.

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The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1906. By Mr. Roach of the 8th and others:
A bill to create a court to be known as "State Court of Cherokee and Forsyth Counties".

Senator Langford of the 51st moved that the Senate insist upon the amend ment of the Senate to HB 1906.

On the motion, the ayes were 38, nays 0; the motion prevailed, and the Senate amendment to HB 1906 was insisted upon.

Senator Gillis of the 20th resumed 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 164. By Messrs. Lambert of the 97th and Wood of the 9th:
A bill to amend the Georgia Insurance Code, so as to add a new Code Section 59-322 prohibiting lending institutions and public utilities, and their holding companies from engaging in selling insurance in places exceeding 5,000 population, except for credit life, accident and sickness insurance.

The Senate Committee on Banking and Finance offered the following sub stitute to HB 164:
A BILL
To be entitled an Act to amend Code Chapter 56-3, relating to the general requirements for conducting an insurance business in this State, as amended, so as to prohibit certain institutions and companies and certain of their employees from being licensed to sell certain kinds of insurance; 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:
Section 1. Code Chapter 56-3, relating to the general requirements for conducting an insurance business in this State, as amended, is

THURSDAY, FEBRUARY 21, 1974

2081

hereby amended, by adding at the end thereof a new Code Section 56-322, to read as follows:

"56-322. Lending Institutions and Bank Holding Companies Prohibited from Transacting Insurance, (a) No lending institution, bank holding company or any subsidiary or affiliate of either of the foregoing, doing business in this State, or any officer or em ployee of any of the foregoing (but not including any director) may directly or indirectly be licensed to sell insurance in any municipality within this State which has a population which exceeds five thousand, according to the latest United States decennial census, except that a lending institution, bank holding company or any sub sidiary or affiliate thereof may engage in underwriting, and act as an underwriter for, credit life insurance and credit accident, health and sickness insurance, and except that an officer or employee of a lending institution, bank holding company, subsidiary or affiliate of such institution or company may be licensed to sell single interest insurance, credit insurance, non-recording insurance, mortgagee title insurance, credit life and accident and sickness insurance, and such institutions, holding company, subsidiary or affiliate may receive commissions on sales of such kinds of insurance written by such officers or employees in conformity with rules and regulations promulgated by the Insurance Commissioner.

(b) The Insurance Commissioner is authorized to promulgate rules and regulations in order to effectuate the purposes of this Sec tion, which are to assist in the maintenance of the separation between lending institutions and the insurance business and to minimize the possibilities of unfair competitive practices by lending institutions, agents, and brokers.
(c) For the purposes of this Section, the following definitions shall apply:
(1) 'Lending institution' means any domestic institution that ac cepts deposits from the public and lends money, including banks and savings and loan associations.
(2) The term 'bank holding company' shall mean and include the definition of such term as set forth in Section 13-201.1 of the Code of Georgia, as amended, and in Section two of an Act of Congress entitled the 'Bank Holding Company Act of 1956', as amended.
(3) Nothing in this act shall prohibit the purchase of Mortgage Guaranty Insurance (also called Credit Casualty Insurance) by a lending institution, from a Mortgage Guaranty Insurance Company directly or indirectly.

(d) Nothing contained within this Section shall apply to any lending institution, bank holding company, nor to any organization which was a subsidiary or affiliate of either of the foregoing on January 1, 1974, nor to any officer or employee of the foregoing, if, on January 1, 1974 such lending institution, bank holding company,

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JOURNAL OF THE SENATE,

subsidiary or affiliate, officer or employee was licensed to operate and was conducting business in conformity with all Federal and State laws applicable thereto, and all Federal and State rules and regulations applicable thereto and who have since January 1, 1974, been in continuous operation."

Section 2. Any person holding a license at time of passage of this Act and disqualified thereby shall have his license reissued, upon request, upon becoming eligible for a license to issue without the necessity of taking or passing any examination. Application shall be made within sixty (60) days from date applicant shall again become eligible.

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 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, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton Herndon

Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Ward Warren Wasden Webb Young Zipperer

Voting in the negative were Senators Henderson and Tysinger.

THURSDAY, FEBRUARY 21, 1974

2083

Not voting were Senators: Cleland, Gillis (presiding) and London.

On the passage of the bill, the ayes were 51, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Hudgins of the 15th moved that HB 164 be immediately transmitted to the House.

On the motion, the ayes were 32, nays 0; the motion prevailed, and HB 164 was immediately transmitted to the House.

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 bills of the Senate, to-wit:

SB 708. By Senator London of the 50th:
A bill to amend an Act creating and establishing the state Court of Habersham County so as to change the compensation of the judge and district attorney.

SB 657. By Senator Starr of the 44th:
A bill to amend Code Title 56, relating to insurance, so as to qualify certain requirements relative to documents accompanying applications for certificates of authority; to clarify provisions relating to brokers' quarterly reports.

SB 295. By Senator Dean of the 6th:
A bill to provide for the supervision by the Attorney General of the administration of charitable trusts.

SB 605. By Senator Reynolds of the 48th: A bill to amend the Ga. Code of Public Transportation, Title 95A, ap-

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JOURNAL OP THE SENATE,

proved April 18, 1973 (Ga. Laws 1973, p. 947), as amended, so as to make certain technical clarifications therein; to make certain grammatical and spelling corrections; to provide for mass transportation grants.

SB 625. By Senator Riley of the 1st:
A bill to amend an Act approved April 13, 1973 (Ga. Laws 1973, p. 750), known as the "Georgia State Financing and Investment Commission Act"; to declare the Ga. State Financing and Investment Commission to be an agency and instrumentality of the State of Georgia.

SB 459. By Senator Broun of the 46th: A bill to amend the "Georgia Firearms and Weapons Act", approved April 8, 1968 (Ga. Laws 1968, p. 983), so as to define the term "shot gun"; to change the definition of the term "sawed-off shotgun".
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 227. By Senator London of the 50th: A bill to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968 so as to require prior written approval by the Governor for certain contracts entered into by Area Planning and Development Commissions.
SB 292. By Senators Holley of the 22nd and Lester of the 23rd: A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, so as to provide that felons over the age of 13 may be sentenced into the custody of the Department of Offender Rehabilitation.
SB 454. By Senators Holloway of the 12th and Webb of the llth: A bill to be known as the "1974 Public Disclosure Act".

The House has adopted, by substitute, by the requisite constitutional ma jority the following resolution of the Senate, to-wit:

SR 336. By Senator McDuffie of the 19th:
A resolution proposing an amendment to the Constitution so as to pro vide that any proceedings relative to removal of the 20 mill limitation

THURSDAY, FEBRUARY 21, 1974

2085

on school taxation in Telfair County previously taken under the pro visions of Article VIII, Section XII, Paragraph II of the Constitution are hereby rescinded, and the provisions of Article VIII, Section XII, Paragraph I shall control.

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate, to-wit:

SR 322. By Senators Overby of the 49th, Garrard of the 37th, Ward of the 39th and others:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the membership of the Committee.
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 1906. By Mr. Roach of the 8th and others: A bill to create a court to be known as "State Court of Cherokee and Forsyth Counties".
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Williams of the 9th, Wood of the 9th, and Roach of the 8th.

The following bills of the Senate were taken up for the purpose of considering House amendments thereto:
SB 495. By Senators Barker of the 18th, Skene of the 27th, Holloway of the 12th and others: A bill to completely supersede and repeal Chapter 79A-8, known as the Uniform Narcotic Drug Act and Chapter 79A-9, known as the Drug Abuse Control Act of Code Title 79A, relating to pharmacists, pharmacy, drugs and narcotics; to provide that Chapter 79A-9 is reserved; to pro vide a title.
The House amendments were as follows:
Amend SB 495 by inserting on Page 8, line 22, after the word "cause" the word "an".

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Amend SB 495 by adding on Page 56, line 13, after "repealed", the words:

", provided that the laws of the State of Georgia relative to intent required for the commission of a crime are not repealed."

Amend SB 495 by striking on Page 56, lines 9, 10, and 11 and inserting in lieu thereof the following:

"This Act shall become effective on July 1, 1974."

Amend SB 495 by adding a new subsection to subsection (c) of Section 79A-814 on Page 28 to read as follows:

"(4) Officers and employees of this State, or of a political subdivision of this State or of the United States while acting in the course of their official duties.";

and by striking Section 7 on Page 56, line 9, in its entirety and substitut ing in lieu thereof the following:

"Section 7. Effective Date. This Act shall become effective on July 1, 1974."

Amend SB 495 by striking the words "subsequent offenses shall be punished as provided by law" on Page 55, lines 18 and 19, and substitut ing in line thereof the following:

"Subsequent offenses of possession of one ounce or less of mari juana shall be punished as a misdemeanor."

Senator Barker of the 18th moved that the Senate agree to the House amend ments to SB 495.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the House amendments to SB 495 were agreed to.

SB 612. By Senator Fincher of the 54th:
A bill to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to provide for all matters relative to the composition, qualifications for membership, filling of vacancies, and duties and powers of the Composite State Board of Medical Examiners.

The House amendments were as follows:
Amend SB 612 by inserting in the title following the word "licenses" on line 7 of Page 2 the following:

THURSDAY, FEBRUARY 21, 1974

2087

"; to provide for investigative subpoenas and the manner of enforcement of such subpoenas";

by inserting following the sentence ending on line 31 of Page 16 the following:

"When a subpoena is disobeyed, the Board may apply to the superior court of the county where the person to whom the subpoena is issued resides for an order requiring obedience. Failure to comply with such order shall be punishable as for contempt of court."

Amend SB 612 by striking from lines 13 through 17 of Page 1 the following:

"to provide that nothing in Code Chapter 84-10 shall be con strued to permit the practice of medicine as defined in Code Chapter 84-9; to provide certain activities of licensed nurses shall not be construed to be an unlawful practice of medicine;";

by striking Section 4, beginning on line 21 of Page 6, in its entirety;

by striking Section 5, beginning on line 4 of Page 7, in its en tirety;

by renumbering Sections 6 through 14 as Sections 4 through 12, respectively.

Senator Fincher of the 54th moved that the Senate agree to the House amendments to SB 612.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the House amendments to SB 612 were agreed to.

SB 176. By Senators Fincher of the 54th, Brown of the 47th and Langford of the 51st:
A bill to provide additional identification and reporting procedures for abused children; to provide a new Code Section 74-111 so as to include teachers, school administrators, child care personnel and law enforce ment personnel as persons required to report.

The House amendment was as follows:
Amend SB 176 by inserting in line 4 of Page 2 between the word "caretaker" and the word "or" the following:

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JOURNAL OF THE SENATE,

", or has been neglected or exploited by a parent or caretaker,".

Senator Fincher of the 54th moved that the Senate agree to the House amendment to SB 176.

On the motion, the ayes were 38, nays 0; the motion prevailed, and the House amendment to SB 176 was agreed to.

The following bill of the House was taken up for the purpose of considering a House amendment to the Senate substitute thereto:

HB 1032. By Mr. Harris of the 51st:
A bill to amend Code Title 67, relating to mortgages, conveyances to secure debt and lien, so as to change the provisions relating to fore closure of mortgages on personalty.
The House amendment to the Senate substitute was as follows:
Amend the Senate substitute to HB 1032 as follows:
By adding at the end of Section 67-702 the following:
"If a waiver as authorized in Section 67-708 of this Act is alleged, a copy of the said waiver shall be attached to the petition. If such a waiver is alleged and attached, the subsequent sections of this Act notwithstanding, the court may dispense with such rights and procedures as have been waived; and if all rights under Sections 67-703, -704, -705, and -706 have been waived, the court may immediately grant a writ of possession in accordance with Section 67-708.",
and by adding a new Section 67-708 as follows:
"67-708. Nothing in this Act shall be construed to prohibit a knowing and intelligent waiver by the defendant of his rights under Sections 67-703, -704, -705 and -706 of this Act, provided that the security interest at issue arose out of a commercial claim and not out of a consumer transaction.
'Commercial claim', as used herein, means a claim which arises from an obligation to pay for goods sold or leased, services rendered, or monies loaned, for use in the conduct of a business or profession, and not for personal consumption.
'Consumer transaction', as used herein, means the sale, lease, or rental of goods, services or property, real or personal, primarily for personal, family or household purposes.

THURSDAY, FEBRUARY 21, 1974

2089

'Waiver', as used herein, means a written statement separately signed by the defendant which contains language clearly and un ambiguously waiving some or all of his rights under Sections 67-703, -704, -705 and -706 of this Act."

And by renumbering Section 67-708 as Section 67-709;

And by changing the reference to "Section 67-708" in line 16, Page 5, to read "Section 67-709".

Senator Cox of the 21st moved that the Senate agree to the House amend ment to the Senate substitute to HB 1032.

On the motion, the ayes were 36, nays 0; the motion prevailed, and the House amendment to the Senate substitute to HB 1032 was agreed to.

The President resumed the Chair.

The following resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 574. By Messrs. Adams and Smith of the 74th and others:
A resolution supporting and endorsing the construction of the Spewrell Bluff Dam Project authorized by P. L. 88-233, approved December 30, 1963.

Senator Starr of the 44th offered the following amendment:
Amend HR 574 by inserting a new paragraph immediately preced ing the last paragraph, to read as follows:
"BE IT FURTHER RESOLVED that the General Assembly does hereby respectfully request the Chief of Engineers, U. S. Army Corps of Engineers, to perform an appraisal of the potential for cultural eutrophication of the proposed Spewrell Bluff Lake and to inform the governing bodies of all affected municipalities and counties in the upper Flint River basin of the potential costs of upgrading their sewage treatment facilities in order to protect Spewrell Bluff Lake from cultural eutrophication; and".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

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JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th
Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton Henderson Herndon Hill

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Brown of 47th Cleland

Fincher

Webb

On the adoption of the amendment the ayes were 52, nays 0; and the amendment was adopted.

Senator Webb of the llth asked unanimous consent to abstain from voting, and the consent was granted.

The report of the committee, which was favorable to the adoption of the esolution, was agreed to as amended.

On the adoption of the resolution, the President ordered a roll call, and the rote was as follows:

Those voting in the affirmative were Senators:

Ballard Coggin Cox Dean Duncan Fincher Gillis Henderson Hill

Holley Holloway Kennedy Kidd Lester London McDuffie McGill Overby

Parker Reynolds Riley Smalley Smith Stephens Thompson Young Zipperer

THURSDAY, FEBRUARY 21, 1974

2091

Those voting in the negative were Senators:

Barker Bell Broun of 46th Carter Coverdell Doss Eldridge Garrard Hamilton

Herndon Howard Hudgins Jackson Johnson Langford Moore Rowan Salter

Skene Starr Summers Sutton Tysinger Ward Warren Wasden

Those not voting were Senators:

Brown of 47th

Cleland

Webb

Senator Webb of the llth asked unanimous consent to abstain from voting, and the consent was granted.
On the adoption of the resolution, the ayes were 27, nays 26.

The resolution, having failed to receive the requisite constitutional majority, was lost.

Senator Webb of the llth filed the following statement with the Secretary:
"My request for unanimous consent of the Senate that I may abstain from voting on this measure is made because I want no question to arise indicating a conflict of interest. It was suggested to me that the construction of the dam would benefit greatly one of my clients, and since I am retained by that client, I therefore ought to vote for the measure. Accordingly, it is my decision that I should abstain!"

Senator Cleland of the 55th filed the following statement with the Secretary:
"Due to my necessary absence from the Senate due to a pre vious commitment in anticipation of a recess, I wish to explain my thoughts about Spewrell Bluff Dam for the record.
In the light of the fact that the State Senate is ill prepared to decide the propriety of such an issue as building a Federal dam; and, in the light of the fact that the State agencies responsible for the natural environment in Georgia have opposed this proposal; and in the light of the fact that further study is urgently required on this project, I would have voted 'no' on the resolution."

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JOURNAL OP THE SENATE,

Senator Hill of the 29th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HR 574.

The following bills of the Senate were taken up for the purpose of considering House amendments thereto:

SB 623. By Senator Parker of the 31st:
A bill to amend an Act establishing the State Court of Polk County, approved Nov. 18, 1901, (Ga. Laws 1901, p. 156), as amended, so as to change the compensation of the judge of said court; to provide an effective date; to repeal conflicting laws.

The House amendment was as follows: Amend SB 623 as follows: By striking in Section 1 on line 16 of Page 1 the following: "$15,000.00",
and substituting in lieu thereof the following: "$16,500.00".
By striking in Section 1 on line 13 of Page 2 the following: "$15,000.00"
and substituting in lieu thereof the following: "$16,500.00".

Senator Parker of the 31st moved that the Senate agree to the House amend ment to SB 623.

On the motion, the ayes were 33, nays 0; the motion prevailed, and the House amendment to SB 623 was agreed to.

SB 624. By Senator Parker of the 31st:
A bill to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation, approved March 10, 1959 (Ga. Laws 1959, p. 2732), as amended, so as to change

THURSDAY, FEBRUARY 21, 1974

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the compensation of the sheriff and his deputies; to provide for a chief deputy sheriff.

The House amendment was as follows: Amend SB 624 as follows: By striking in Section 2 on line 19 of Page 2 the following: "$8,400.00"
and substituting in lieu thereof the following: "$9,000.00".

Senator Parker of the 31st moved that the Senate agree to the House amendment to SB 624.

On the motion, the ayes were 33, nays 0; the motion prevailed, and the House amendment to SB 624 was agreed to.

SB 504. By Senator Rowan of the 8th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", approved Jan. 24, 1964 (Ga. Laws 1964, p. 3), as amended, so as to provide for instruction of pupils who are married, a parent, or pregnant, whether married or unmarried.

The House amendment was as follows:
Amend SB 504 by adding in line 22 on Page one, after the word and symbol "program.", the following:
"These programs may include instruction in prenatal care and child care."

Senator Rowan of the 8th moved that the Senate agree to the House amendment to SB 504.

On the motion, the ayes were 40, nays 0; the motion prevailed, and the House amendment to SB 504 was agreed to.

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JOURNAL OF THE SENATE,

SB 151. By Senator Lester of the 23rd:
A bill to amend Code Section 113-1702, relating to sales by adminis trators, as amended, so as to permit sales by administrators; to provide the procedures connected therewith.

The House amendment was as follows:
Amend SB 151 as follows:
By inserting after the word and semicolon "administrators;" on line 3, Page 1, the following:
"to provide for service of process upon heirs, of the estate;".
By striking the words "The method of private sale" on line 6, Page 2, and inserting in lieu thereof the following:
"Except as hereinafter provided, the method of private sale".
By adding a new subsection at the end of quoted Section 113-1702, to be designated subsection (c), to read as follows:
"(c) The adult heirs of the estate who reside within this State shall be served personally with a copy of the petition and citation. As to such of the heirs who may be minors or incompetents, and reside within this State, as disclosed by the petition, the Ordinary shall, upon the petition being filed, appoint a guardian or guardians ad litem for such minors and incompetents, who shall be served with a copy of the petition and citation, and such guardian or guardians ad litem shall make answer to the petition. As to such minor or incompetent heirs who may reside without the State as disclosed by the petition, service shall be made by the Ordinary by registered or certified mail to the last known address of such minors or incompetents, and a guardian or guardians ad litem shall be appointed by the Ordinary, upon the petition being filed, for such minors or incompetents, as heretofore provided. As to such of the competent adult heirs who reside without the State, service shall be made by the Ordinary upon such adults by registered or certified mail, to the last known address of such heirs."
Senator Lester of the 23rd moved that the Senate agree to the House amendment to SB 151.
On the motion, the ayes were 41, nays 0; the motion prevailed, and the House amendment to SB 151 was agreed to.
The President announced the Senate would stand in recess from 1:30 o'clock P. M. until 2:45 o'clock P. M.

THURSDAY, FEBRUARY 21, 1974

2095

The President called the Senate to order at 2:45 o'clock P. M.

The following reports of standing committees were read by the Secretary:

Senator Fincher of the 54th District, Chairman of the Committee on Health and Welfare, submitted the following report:
Mr. President:
Your Committee on Health and Welfare has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1536. Do pass. HE 1829. Do pass.
Respectfully submitted, Fincher of 54th, Chairman.
Senator Smith of the 34th District, Chairman of the Committee on Industry & Labor, submitted the following report:
Mr. President:
Your Committee on Industry & Labor has had under consideration the follow ing bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1696. Do pass.
Respectfully submitted, Smith of 34th, Chairman.

Senator Johnson of the 38th District, Chairman of the Committee on Judici ary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1638. Do pass.

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JOURNAL OF THE SENATE,

HR 546. Do pass.

Respectfully submitted, Johnson of 38th, Chairman.

Senator Kennedy of the 4th District, Chairman of the Committee on Penal and Correctional Affairs, submitted the following report:
Mr. President:
Your Committee on Penal and Correctional Affairs has had under considera tion the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1695. Do pass.
Respectfully submitted, Kennedy of 4th, Chairman.

Senator London of the 50th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 392. Do pass. SR 416. Do pass.
Respectfully submitted, London of 50th, Chairman.

Senator Cox of the 21st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the follow-

THURSDAY, FEBRUARY 21, 1974

2097

ing bill and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1435. Do pass.
HR 625. Do pass.

Respectfully submitted, Cox of 21st, Chairman.

The following bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1540. By Mr. Lane of the 76th:
A bill to amend an Act entitled the "Georgia Post Mortem Examination Act", so as to authorize the Department of Public Safety to reimburse the Director of the State Crime Laboratory for use of his private air craft on official business.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Hamilton Herndon

Hill Holloway Howard Jackson Kennedy Kidd Lester McDuffie McGill Moore Overby Parker Reynolds

Skene Smalley Smith Stephens
Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Barker Bell Cleland

Fincher Garrard Gillis

Henderson Holley Hudgins

2098
Johnson Langford London

JOURNAL OF THE SENATE,

Riley Rowan Salter

Starr Summers

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bills of the Senate were taken up for the purpose of considering House amendments thereto:

SB 605. By Senator Reynolds of the 48th:
A bill to amend the Ga. Code of Public Transportation, Title 95A, ap proved April 18, 1973 (Ga. Laws 1973, p. 947), as amended, so as to make certain technical clarifications therein; to make certain gram matical and spelling corrections; to correct typographical errors; to provide for mass transportation grants.

The House amendments were as follows:
Amend SB 605 by adding a new Section following Section 29 to be designated Section 30 and to read as follows:
"Section 30. Said Code is further amended by renumbering subsection (o) of Section 95A-916 as subsection (p), and by inserting a new subsection (o) to read as follows:
'(o) is located so as to obscure, or otherwise interfere with the effectiveness of an official traffic sign, signal, or device;' ". and renumbering the remaining sections respectively.
Amend SB 605 by adding a new section following Section 16 to be designated Section 16A and to read as follows:
"Section 16A. Said Code is further amended by striking sub section (a) of Section 95A-621 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
'(a) Right of owner of property at time of acquisition or his transferee. In disposing of property, as authorized under Section 95A-620, the department, a county, or a municipality, shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality ac quired its property has been subsequently sold, the owner of abut ting land holding title through the owner from whom the depart ment, a county, or a municipality acquired its property. The notice

THURSDAY, FEBRUARY 21, 1974

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shall be in writing delivered to the appropriate owner or by publica tion if his address is unknown and he shall have the right to acquire, as provided herein, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located.

When an entire parcel acquired by the department, a county, or a municipality, or any interest therein is being disposed of, it may be acquired under the right created in the preceding paragraph at such price as may be agreed upon but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for the market value thereof at the time the department, county, or municipality decides the property is no longer needed.

If the right of acquisition is not exercised within sixty (60) days after due notice, the department, county, or municipality may proceed to sell such property as provided in subsection (b).' "

By adding on Page 1, line 26 after the semi-colon (;) and before the word "to" the following words:

"to provide for rights of property owners or his transferee when the Department, county, or municipality is disposing of prop erty;"

Senator Reynolds of the 48th moved that the Senate agree to the House amendments to SB 605.

On the motion, the ayes were 34, nays 0; the motion prevailed, and the House amendments to SB 605 were agreed to.

SB 657. By Senator Starr of the 44th:
A bill to amend Code Title 56, relating to insurance, as amended, so as to qualify certain requirements relative to documents accompanying ap plications for certificates of authority; to clarify provisions relating to brokers' quarterly reports.

The House amendment was as follows:
Amend SB 657 by adding a new section appropriately numbered to read as follows:
"Code Section 56-1103, relating to deposits required for author ity to transact insurance, is hereby amended by striking- from sub section (1) the following:

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JOURNAL OF THE SENATE,

"in which the insurer may lawfully invest under Chapter 56-10, except real estate, notes secured by real estate, stocks, or investment trust or investment company shares",

and inserting in lieu thereof the following:

"eligible for the investment of capital funds of domestic in surers as enumerated and described in subsection (3) of Code Sec tion 56-1005",

so that when so amended subsection (1) shall read as follows:

"56-1103. Assets eligible for deposit.-- (1) All such deposits re quired for authority to transact insurance in Georgia shall consist of any combination of the securities eligible for the investment of capital funds of domestic insurers as enumerated and described in subsection (3) of Code Section 56-1005"

And to amend the caption accordingly.

Senator Skene of the 27th moved that the Senate agree to the House amend ment to SB 657.

On the motion, the ayes were 33, nays 0; the motion prevailed, and the House amendment to SB 657 was agreed to.

SB 459. By Senator Broun of the 46th:
A bill to amend an Act known as the "Georgia Firearms and Weapons Act", approved April 8, 1968 (Ga. Laws 1968, p. 983), so as to define the term "shotgun"; to change the definition of the term "sawed-off shotgun"; to provide an effective date.

The House amendment was as follows:
Amend SB 459 as follows:
Line 22, Page 1: By inserting the following language after the word "shotgun":
"or any weapon made from a shotgun (whether by alteration, modification, or otherwise)"
and
Line 23, Page 1: By striking the following language:

THURSDAY, FEBRUARY 21, 1974

2101

"and any weapon made from a shotgun (whether by altera tion, modification, or otherwise)".

Senator Broun of the 46th moved that the Senate agree to the House amend ment to SB 459.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the House amendment to SB 459 was agreed to.

SB 295. By Senator Dean of the 6th:
A bill to provide for the supervision by the Attorney General of the administration of charitable trusts; to provide definitions.

The House amendments were as follows:
Amend SB 295 by striking on lines 1 and 2, Page 4, the words "by a certified pubic accountant".
Amend SB 295 by striking from Section 9, line 1, Page 5, the word "shall" and inserting in lieu thereof the following words:
"is hereby authorized to".
Amend SB 295 as follows:
By striking in its entirety subsection (b) of Section 7, beginning on line 17 of Page 3, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A copy of an account filed by the trustee in any court having jurisdiction of the trust, if the account has been approved by the court in which it was filed, may be filed as a report required by this Section, or a copy of the annual return filed by the trustee with the Internal Revenue Service, as required by Section 6033 of the Internal Revenue Code of 1954 or any corresponding provision of any subsequent tax laws, or a copy of the annual report filed by the trustee with the Internal Revenue Service, as required by Sec tion 6056 of the Internal Revenue Code of 1954 or any correspond ing provision of any subsequent tax laws, may also be filed as a re port required by this Section."
By striking the word "approved" in subsection (d) (1) of Section "7f,ilaepdp"e.aring on line 34 of Page 3 and inserting in lieu thereof the word

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JOURNAL OP THE SENATE,

Senator Dean of the 6th moved that the Senate agree to the House amend ments to SB 295.

On the motion, the ayes were 33, nays 0; the motion prevailed, and the House amendments to SB 295 were agreed to.

The following bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1465. By Messrs. Williams of the 9th, Berry of the 86th and others:
A bill to authorize the incorporation of a non-profit Credit Union De posit Insurance Corporation (hereinafter referred to as the "Corpora tion") in this State; to provide for the procedures connected therewith; to provide for an appropriate investigation by the Department of Bank ing and Finance before articles of incorporation are approved by the Department.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton

Herndon Hill Holley Howard Hudgins Kennedy Kidd Langford McDuffie McGill Overby Parker Reynolds

Rowan Skene Smalley Smith Summers Sutton Thompson Ward Warren Wasden Webb
Young

Those not voting were Senators:

Ballard Cleland Coggin

Coverdell Fincher Henderson

Holloway Jackson Johnson

Lester London Moore

THURSDAY, FEBRUARY 21, 1974

2103

Riley Salter Starr

Stephens Tysinger Zipperer

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.
The following resolution of the Senate was taken up for the purpose of considering a House substitute thereto:
SR 336. By Senator McDuffie of the 19th: A resolution proposing an amendment to the Constitution so as to provide that any proceedings relative to the removal of the 20 mill limitation on school taxation in Telfair County previously taken under the provisions of Article VIII, Section XII, Paragraph II of the Consti tution are hereby rescinded, and the provisions of Article VIII, Section XII, Paragraph I shall control.
The House substitute was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the maximum millage for school purposes within Telfair County shall be 23 mills until such limitation shall be removed in accordance with the provisions of Article VIII, Section XII, Paragraph II of the Constitution; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section XII of the Constitution is hereby amended by adding at the end of Paragraph I thereof the following:
"Until changed in accordance with the provisions of Paragraph II of this Section, the maximum millage for school purposes within Telfair County shall be 23 mills."
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 OP THE SENATE,

"( ) YES Shall the Constitution be amended so as to provide that there shall be a 23 mill limitation on the an-
( ) NO nual school tax levy for the support and mainte nance of education in Telfair County and to pro vide a procedure for the removal of such limita tion?"

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 McDuffie of the 19th moved that the Senate agree to the House substitute to SR 336.

On the motion, the ayes were 34, nays 0; the motion prevailed, and the House substitute to SR 336 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 1512. By Mr. Wamble of the 120th:
A bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, so as to exempt from the sales and use tax levied for the support of the rapid transit system authorized by said Act certain transactions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter

Coverdell Cox Dean Doss Duncan

Eldridge Garrard Gillis Hamilton Herndon

Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd
Lester McDuffie

THURSDAY, FEBRUARY 21, 1974

2105

McGill Moore Overby Parker Reynolds Rowan Skene Smalley Smith
Stephens

Summers Button Thompson Tysinger Ward Warren Wasden Webb Young
Zipperer

Those not voting were Senators:

Barker Cleland Coggin Pincher

Henderson Langford London

Riley Salter Starr

On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1425. By Messrs. Northcutt of the 68th and Wheeler of the 13th: A bill to authorize the sheriffs of the various counties of this State to contract with the governing body of any municipal corporation located in the county for the purpose of providing law enforcement services to the municipal corporation; to provide for such contracts and their pro visions; to provide for the exercise of certain powers by the sheriff and deputy sheriffs.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th

Carter Coverdell Cox Dean Doss

Duncan Eldridge Fincher Gillis Hamilton

2106
Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford

JOURNAL OF THE SENATE,

Lester McDuffie McGill Moore Overby Parker Reynolds Rowan Skene Smalley

Smith Summers Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Cleland Coggin Garrard

Henderson London Riley

Salter Starr Stephens

On the passage of the bill, the ayes were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1906. By Mr. Roach of the 8th and others:
A bill to create a court to be known as "State Court of Cherokee and Forsyth Counties".

Senator Langford of the 51st moved that Senate adhere to the Senate amend ment to HB 1906 and that a Conference Committee be appointed.

On the motion, the ayes were 35, nays 0; the motion prevailed, and the Senate amendment to HB 1906 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Johnson of the 38th, Langford of the 51st and Overby of the 49th.

THURSDAY, FEBRUARY 21, 1974

2107

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 292. By Senators Holley of the 22nd and Lester of the 23rd:
A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, as amended, so as to provide that felons over the age of 13 may be sentenced into the custody of the Department of Offender Rehabilitation.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act creating within the Depart ment of Family and Children Services an autonomous Division for Chil dren and Youth, and a State Board for Children and Youth, approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, particularly by an Act approved April 7, 1972 (Ga. Laws 1972, p. 1251), so as to change the procedures for sentencing juvenile offenders; to repeal conflictinglaws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, particularly by an Act approved April 7, 1972 (Ga. Laws 1972, p. 1251), is hereby amended by striking para graph (5) of Section 9(a) of said Act in its entirety and inserting in lieu thereof a new paragraph (5), to read as follows:
"(5) For the acceptance and incarceration of any child under the age of 17 years; provided, however, that any child under the age of 17 years convicted of a felony in a superior court may, in the discretion of the court, be committed for an indefinite period of time to the custody of the Division of Social Services of the State Depart ment of Human Resources; provided, further, that any child who has previously been adjudged to have committed an act which is a felony if tried in a superior court, and who, on a second or sub sequent occasion, is convicted of a felony punishable by death or by confinement for life shall only be sentenced into the custody of the State Department of Offender Rehabilitation. Whenever any child shall escape from any youth detention center, the Division shall file a petition in the court having jurisdiction and if found guilty he shall, in the discretion of the court, be punished for such escape by commitment for an additional 12 months in a youth deten tion center or under the Departmnet of Offender Rehabilitation."
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 Lester of the 23rd offered the following substitute to the House substitute:

A BILL

To be entitled an Act to amend an Act creating within the Depart ment of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, particularly by an Act approved April 7, 1972 (Ga. Laws 1972, p. 1251), so as to provide that felons over the age of 13 may be sentenced into the custody of the Department of Offender Rehabilitation; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, approved March 14, 1963 (Ga. Laws 1963, p. 81), as amended, particularly by an Act approved April 7, 1972 (Ga. Laws 1972, p. 1251), is hereby amended by striking para graph (5) of Section 9(a) of said Act in its entirety and inserting in lieu thereof a new paragraph (5), to read as follows:

"(5) For the acceptance and incarceration of any child under the age of 17 years; provided, however, that any child who has previously been adjudged to have committed an act which is a felony if tried in a superior court, and who, on a second or subse quent occasion is convicted of a felony in a superior court may, in the discretion of the court, be sentenced into the custody of the State Department of Offender Rehabilitation as otherwise provided by law or be committed as a youthful offender as authorized in the Georgia Youthful Offender Act of 1972 (Ga. Laws 1972, p. 592); provided, further, that any child convicted of a felony punishable by death or by confinement for life shall only be sentenced into the custody of the State Department of Offender Rehabilitation. When ever any child shall escape from any youth detention center, the Division shall file a petition in the court having jurisdiction and if found guilty he shall, in the discretion of the court, be punished for such escape by commitment for an additional 12 months in a youth detention center or under the Department of Offender Rehabilita tion."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Lester of the 23rd moved that the Senate agree to the House substi tute to SB 292 by substitute.

On the motion, the ayes were 39, nays 0; the motion prevailed, and the House substitute to SB 292 was agreed to by Senate substitute.

THURSDAY, FEBRUARY 21, 1974

2109

The following bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 409. By Mr. Wamble of the 120th:
A bill to authorize the collection and payment of certain taxes on tangible property, other than motor vehicles, in installments, not to exceed four in number, each tax year.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby

Parker Reynolds Smalley Smith Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Hill Johnson

London Riley Rowan

Salter Skene Starr

On the passage of the bill, the ayes were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OP THE SENATE,

The President stated that, at this time, the Senate would consider in open session the appointments submitted by His Excellency, Governor Jimmy Carter, in communications to the Senate on February 16 and February 20, which are included in the journals of February 16 and February 20.

Senator Coggin of the 35th moved that the reading of the 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 unless any Senator designated any appointee be deleted from the list and voted on individually.

On the motion, the ayes were 37, nays 0; the motion prevailed, and the President stated one roll call would suffice for all appointments.

Senator Coggin of the 35th moved that the Seventy-Two Hour Rule be sus pended so that the February 20 appointment letter from the Governor, which had not been on the desks of the Senators for seventy-two hours prior to the hour of this consideration, could also be considered.

On the motion, the ayes were 33, nays 0; the motion prevailed; the seventytwo hour rule was suspended, and the February 20 letter was considered.

The following report of the Committee on the University System of Georgia was read by the Secretary:
THE STATE SENATE Atlanta, Georgia
February 21, 1974
Honorable Hamilton McWhorter, Jr. Secretary of Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The University System of Georgia Committee met on February 20, 1974, to consider the Governor's appointee to the Board of Regents. The Senate University System Committee voted unanimously to recommend the confirmation of Mr. Lamar R. Plunkett of Carroll County as a mem ber of the Board of Regents for a term beginning February 16, 1974, and ending January 1, 1981.
Sincerely yours,
/s/ Ed Zipperer Edward H. Zipperer Chairman University System of Georgia

THURSDAY, FEBRUARY 21, 1974

2111

Since no appointments submitted by the Governor were objected to, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley
Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Smalley Smith Starr Stephens Summers Button Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cleland Langford

Salter

Skene

On the appointments, the ayes were 52, nays 0.
All appointments submitted by the Governor on February 16 and February 20 were approved.
The President announced the Senate would stand in recess from 3:45 o'clock P. M. until 4:15 o'clock P. M.

The President called the Senate to order at 4:15 o'clock P. M.

The following bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1705. By Messrs. Triplett of the lllth, Wamble of the 120th and Groover of the 75th:
A bill to amend an Act known as the "Fiduciary Investment Company Act", so as to permit fiduciary investment companies to invest in real estate in an amount not to exceed 50% of their total assets taken at market value.

2112

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Hill Holley Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore

Those not voting were Senators :

Cleland Coverdell Holloway Howard

London Riley Salter Skene

Overby Parker Reynolds Rowan Smalley Smith Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer
Starr Stephens Young

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Holley of the 22nd moved that the following resolution of the House be committed to the Committee on Banking and Finance:

HR 475. By Messrs. Morgan of the 70th, Brown of the 67th, Logan of the 62nd and others:
A resolution creating the Bank Holding Company Study Committee.

On the motion, the ayes were 29, nays 0; the motion prevailed, and HR 475 was committed to the Committee on Banking and Finance.

THURSDAY, FEBRUARY 21, 1974

2113

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

SB 11. By Senator Starr of the 44th:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", as amended, so as to require metal protectors or substantial flexible flaps on the rearmost wheels of certain motor vehicles except under certain circumstances.

The House amendments were as follows: Amend SB 11 on Page 2, line 2, to read as follows: after the words "pole trailer" insert the words "with the ex ception of local haul pulp wood trucks". Amend SB 11 by striking from line 8 of Page 2 the following: "one-fifth",
and substituting in lieu thereof the following: "one-half".

Senator Starr of the 44th moved that the Senate agree to the House amend ments to SB 11.

On the motion, the ayes were 35, nays 0; the motion prevailed, and the House amendments to SB 11 were agreed to.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 38. By Senators Starr of the 44th, Sutton of the 9th and Young of the 13th:
A bill to repeal Code Title 76, relating to peace warrants and behavior bonds, as amended, in its entirety.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Title 76, relating to peace warrants and behavior bonds, as amended, so as to provide that any

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person against whom a peace warrant issues, shall be within twenty-
four hours brought before the court which issued the warrant, or be released at any time on bond by the sheriff; to provide that the sheriff shall determine the amount of the bond; to limit the amount of the bond and to specify the form of bond; to provide for a hearing and time limit on the hearing; to provide for court cost in certain cases; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 76, relating to peace warrants and behavior bonds, as amended, is hereby amended, by striking from Code Section 76-101, relating to authority to require bond, the following:

"in its discretion", and substituting in lieu thereof the following:

"upon sufficient cause being shown",

and by adding at the end of said Code Section the following:

": Provided, however, that any person against whom a warrant issues, must be within twenty-four hours brought before the court which issued the warrant or be released on bond by the sheriff. Provided, however, that nothing herein shall prohibit the sheriff from releasing said person at any time on bond prior to the hearing. The amount of such bond shall be set by the sheriff, but in no event shall the amount of the bond exceed $1,000.00. Said bond shall con tain the same conditions as a bond required by the court of inquiry after a hearing. Within five days after being released on bond, said person shall be entitled to a hearing. If it is determined in said hearing that there was not sufficient cause for the warrant to be issued, the affiant causing the same to be issued shall pay all court
cost.",

so that when so amended Code Section 76-101 shall read as follows:

"76-101. Authority to require bond.--Any judicial officer au thorized to hold a court of inquiry may, upon the information of others, under oath, or on his own motion, issue his warrant against any person in the county whose conduct is such as to justify the belief that the safety of any one or more of the citizens of the county, or the peace or the property of the same, is in danger of being injured or disturbed thereby; and upon the return of the warrant, the court upon sufficient cause being shown may require from such person a bond with sureties for his good behavior until the next term of the superior court of the county: Provided, how ever, that any person against whom a warrant issues, must be with in twenty-four hours brought before the court which issued the warrant or be released on bond by the sheriff. Provided, however, that nothing herein shall prohibit the sheriff from releasing said

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person at any time on bond prior to the hearing. The amount of such bond shall be set by the sheriff, but in no event shall the amount of the bond exceed $1,000.00. Said bond shall contain the same conditions as a bond required by the court of inquiry after a hearing. Within five days after being released on bond, said person shall be entitled to a hearing. If it is determined in said hearing that there was not sufficient cause for the warrant to be issued, the affiant causing the same to be issued shall pay all court cost."

Section 2. Said Title is further amended by adding at the end of the first paragraph of Code Section 76-201, relating to authority to require bond, as amended, the following:

": Provided, however, that any person against whom a war rant issues, must be within twenty-four hours brought before the court which issued the warrant or be released on bond by the sheriff. Provided, however, that nothing herein shall prohibit the sheriff from releasing said person at any time on bond prior to the hearing. The amount of such bond shall be set by the sheriff, but in no event shall the amount of the bond exceed $1,000.00. Said bond shall contain the same conditions as a bond required by the court of in quiry after a hearing. Within five days after being released on bond, said person shall be entitled to a hearing. If it is determined in said hearing that there was not sufficient cause for the warrant to be issued, the affiant causing the same to be issued shall pay all court cost.",

so that when so amended Code Section 76-201 shall read as follows:

"76-201. Authority to require bond.--Upon the information of any person, under oath, that he is in fear of bodily harm to him self or his family, from another, or of violent injury to his property, any judicial officer authorized to hold a court of inquiry may issue his warrant against such other person, requiring his arrest; and if, upon the return thereof, the court is satisfied, upon hearing the evidence of both parties, that probable cause for such fear exists, he may require the accused to give bond, with good security, to keep the peace as against the person, family, and property of the af fiant, and, on failure to give the bond, shall commit him to jail: Provided, however, that any person against whom a warrant issues, must be within twenty-four hours brought before the court which issued the warrant or be released on bond by the sheriff. Provided, however, that nothing herein shall prohibit the sheriff from re leasing said person at any time on bond prior to the hearing. The amount of such bond shall be set by the sheriff, but in no event shall the amount of the bond exceed $1,000.00. Said bond shall con tain the same conditions as a bond required by the court of inquiry after a hearing. Within five days after being released on bond, said person shall be entitled to a hearing. If it is determined in said hearing that there was not sufficient cause for the warrant to be issued, the affiant causing the same to be issued shall pay all court cost."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Senator Starr of the 44th moved that the Senate agree to the House sub stitute to SB 38.

On the motion, the ayes were 32, nays 0; the motion prevailed, and the House substitute to SB 38 was agreed to.

The following resolution of the Senate was taken up for the purpose of con sidering a House amendment thereto:

SR 322. By Senators Overby of the 49th, Garrard of the 37th, Ward of the 39th and others:
A resolution to amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. Laws 1973, p. 70), so as to change the membership of the Metropolitan Atlanta Rapid Transit Overview Committee, to direct the State De partment of Transportation to assist the Committee.

The House amendment was as follows:
Amend SR 322: (1) by striking the word "three" in line 32 on Page 2 and line 1 on Page 3 and striking the word "two" on line 33 Page 2 and line 3, 4, and 5 on Page 3, and by substituting therefor the word "two" in line 32, Page 2 and line 1 on Page 3 and the word "one" on line 33 Page 2 and line 3 Page 3 and the word "three" in line 4 and 5 Page 3.
(2) by inserting on line 6 Page 3 after the word "Governor" the following: "at least two of whom shall be from the Area served by the Authority."
(3) by striking on Page 5 the two full sentences on lines 17 through 23 and substituting therefor the following:
"The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Authority or as to any subpoenas issued by the Committee."
(4) by adding a new Section 7 to read as follows:
"Said Resolution is further amended by adding a new Section 3A to read: 'Section 3A. Unless extended by Joint Resolution of the General Assembly, this Resolution shall stand repealed on July 1, 1976.' "
(5) To renumber the last section of the Resolution appropriately.

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2117

Senator Overby of the 49th moved that the Senate agree to the House amend ment to SR 322.

On the motion, the ayes were 29, nays 0; the motion prevailed, and the House amendment to SR 322 was agreed to.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the House, to-wit:

HR 757. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Harris of the 8th:
A resolution relative to adjournment of the General Assembly at 11:59 P. M. Feb. 21, and reconvening at 9:30 A.M. on Feburary 26, 1974.

The following bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1735. By Mr. Busbee of the 114th:
A bill to amend an Act known as the "Georgia Water Quality Control Act", so as to change the definition of the term "Pollution"; to define the term "effluent limitations"; or revision of effluent limitations.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin

Coverdell Cox Dean Doss Duncan Eldridge Fincher

Garrard Gillis Henderson Herndon Holley Holloway Howard

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Jackson Johnson Kennedy Kidd Langford McDuffie McGill Moore Overby

JOURNAL OP THE SENATE,

Parker Reynolds Rowan Skene Smalley Smith Stephens Summers Button

Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Cleland Hamilton Hill

Lester London Riley

Salter Starr

On the passage of the bill, the ayes were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1731. By Mr. Howard of the 19th and others:
A bill to amend an Act authorizing the Commissioner of the Department of Natural Resources to appoint conservation rangers, so as to authorize the Board of Natural Resources to designate the various classes of em ployees to be included within the uniformed division of conservation rangers.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

THURSDAY, FEBRUARY 21, 1974

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Wasden Webb Young Zipperer

Those not voting were Senators:

Carter

Salter

Warren

2119

On the passage of the bill, the ayes were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

HB 1906. By Mr. Roach of the 8th and others:
A bill to create a court to be known as "State Court of Cherokee and Forsyth Counties".

CONFERENCE COMMITTEE REPORT ON HB 1906
Mr. President: Mr. Speaker:
Your Conference Committee on HB 1906 has met and makes the following recommendation:

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That the House and Senate recede from their respective positions and that the attached amendment to HB 1906 be adopted.

FOR THE SENATE
/s/ Leroy Johnson Senator, 38th District
J. Beverly Langford Senator, 51st District
/s/ Howard T. Overby Senator, 49th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES
Is/ W.M.Williams Representative, 9th District
/s/ Joe T. Wood Representative, 9th District
/s/ Andy Roach Representative, 8th District

Amend HB 1906 as follows:
By striking Section 35 in its entirety and substituting in lieu there of a new Section 35 to read as follows:
"Section 35. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."
By renumbering Sections 36 and 37 as Sections 37 and 38, respec tively, and by inserting following Section 35 a new Section 36 to read as follows:
"Section 36. The court hereby created may be abolished by either of the following methods:
(1) At any time by an appropriate Act of the General As sembly.
(2) By referendum of the registered voters of Cherokee and Forsyth Counties in the manner herein provided. Upon the recom mendation of two succeeding Grand Juries in each of said counties recommending the abolition of said court, the Ordinary of each county shall certify to the Secretary of State that such recommenda tions have been made. Whereupon, the Secretary of State shall, at the General Election to be held in said counties in November, 1976, have placed upon the ballot the following question: 'Shall the State Court of Cherokee and Forsyth Counties be abolished?' If a major ity of the voters in said two counties shall vote in the affirmative, said court shall be abolished as of December 31, 1976, and all cases, civil and criminal, pending in said court shall be transferred to the Superior Court of Cherokee and Forsyth Counties or to such other court or courts in said counties as may have jurisdiction of the same."

THURSDAY, FEBRUARY 21, 1974

2121

MINORITY REPORT OF THE CONFERENCE COMMITTEE ON HB 1906

Mr. President: Mr. Speaker:

The undersigned disagrees with the Conference Committee Report on HB 1906 and makes the following recommendation:

That the referendum which the Senate placed on HB 1906 permitting the voters of Forsyth and Cherokee Counties to vote upon the establishment of said State Court should be left upon the bill as passed by the Senate.
Respectfully submitted,
/s/ J. Beverly Langford Senator, 51st District

Senator Johnson of the 38th moved that the Conference Committee Report on HB 1906 be adopted.

On the motion, Senator Langford of the 51st called for the ayes and nays, and the call was sustained.

On the adoption of the Conference Committee Report, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Gillis

Hamilton Henderson Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Skene Smalley Summers Sutton Thompson Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators Herndon and Langford.

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Those not voting were Senators:

Broun of 46th Duncan Garrard Hill

Holley Holloway Howard Salter

Smith Starr Stephens Tysinger

On the adoption of the Conference Committee Report, the ayes were 42, nays 2, and the Conference Committee Report on HB 1906 was adopted.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 625. By Senator Riley of the 1st:
A bill to amend an Act approved April 13, 1973 (Ga. Laws 1973, p. 750), and known as the "Georgia State Financing and Investment Commission Act"; to declare the Ga. State Financing and Investment Commission to be an agency and instrumentality of the State of Georgia.

The House amendment was as follows:
Amend SB 625 as follows:
By inserting in the caption on line 9, Page 1, following the word "Commission;" and before the words "to provide" the following lan guage :
"to provide for the Attorney General to act as counsel and receive reimbursement therefor;"
and
By adding, between the present Section 2 and Section 3, lines 14 and 15 on Page 3, the following language:
"Section 3. Said Act is further amended by inserting in Sec tion 5, following subsection i, a new subsection j to read as follows:
'j. Legal Services. The Attorney General shall provide legal services for the Commission and in connection therewith, the pro visions for reimbursement for legal services of Ga. Laws 1969, P. 484, as now existing or as hereafter amended, shall be fully appli cable, provided, however, that the Chairman of the Commission shall be the one to provide the advance approval for the amount of such services and expenses.' "
and
By changing the Section numbers on line 15, Page 3, and lines 11

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2123

and 13 on Page 4 from "3", "4", and "5", respectively, to "4", "5", and "6", respectively.

Senator Riley of the 1st moved that the Senate agree to the House amendment to SB 625.

On the motion, the ayes were 32, nays 0; the motion prevailed, and the House amendment to SB 625 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 1446. By Mr. Adams of the 36th:
A bill to amend an Act known as the "Georgia Boat Safety Act", so as to provide for the licensing and numbering of livery boats.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Riley

Rowan Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young

Those not voting were Senators:

Cleland Hill Holley

Holloway Johnson Parker

Ryenolds Salter Zipperer

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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.

Senator Gillis of the 20th resumed the Chair.

HB 1534. By Messrs. Phillips of the 103rd, Dorminy of the 115th, Lewis of the 77th and others:
A bill to amend an Act creating the Georgia Forestry Commission, so as to authorize the Georgia Forestry Commission to participate in cer tain federally-funded fire protection assistance programs.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Garrard

Hamilton Henderson Herndon Howard Jackson Johnson Kennedy Kidd Langford McDuffie McGill Moore Overby

Reynolds Skene Smalley Stephens Summers Sutton Thompson Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Duncan Fincher Gillis (presiding) Hill Holley Holloway

Hudgins Lester London Parker Riley

Rowan Salter Smith Starr Tysinger

On the passage of the bill, the ayes were 40, nays 0.

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2125

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

The following resolution of the House was read the first time and referred to committee:

HR 757. By Messrs. Murphy of the 18th, Busbee of the 114th, Ployd of the 5th and Harris of the 8th:
A resolution relative to adjournment.
Referred to Committee on Rules.

The following bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1560. By Mr. Marcus of the 26th:
A bill to require the Department of Public Safety to provide forms for the gift of all or part of a person's body conditioned upon the death of the donor whenever a person applies for the issuance, reissuance, or renewal of any driver's license.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a. roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Pincher

Garrard Hamilton Henderson Herndon Hill Howard Hudgins Jackson Kennedy Kidd Langford McDuffie McGill Overby

Rowan Skene Smalley Smith Stephens Summers Sutton Thompson Tysinger Warren Webb Young Zipperer

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Those not voting were Senators:

Broun of 46th Gillis Holley Holloway Johnson

Lester London Moore Parker Reynolds

Riley Salter Starr Ward Wasden

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority was passed.

The following reports of standing committees were read by the Secretary:

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolution of the House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
HB 1984. Do pass as amended. HB 2027. Do pass. HB 2062;. Do pass by substitute. HR 659. Do pass.
Respectfully submitted, Overby of 49th, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1519. Do pass by substitute.

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HB 1520. Do pass. HB 1521. Do pass.

Respectfully submitted, Overby of 49th, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
HB 2091. Do pass. HB 2092. Do pass. HB 2093. Do pass. HB 2094. Do pass. HB 2095. Do pass. HB 2096. Do pass. HB 2097. Do pass. HB 2098. Do pass. HB 2099. Do pass. HB 2101. Do pass. HB 2102. Do pass. HB 2103. Do pass. HB 2104. Do pass. HB 2105. Do pass. HB 2106. Do pass. HR 231. Do pass. HR 632. Do pass by substitute. HR 712. Do pass.
Respectfully submitted,
Overby of 49th, Chairman.

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Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:

Mr. President:

Your Committee on County and Urban Affairs has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1502. Do pass. HB 1605. Do pass. HB 1620. Do pass. HB 1666. Do pass as amended. HB 1669. Do pass. HB 1728. Do pass by substitute. HB 1762. Do pass. HB 1819. Do pass. HB 1908. Do pass as amended. HB 1982. Do pass. HB 1983. Do pass. HB 2005. Do pass. HB 2009. Do pass. HB 2016. Do pass. HB 2021. Do pass. HB 2031. Do pass. HB 2036. Do pass. HB 2038. Do pass. HB 2042. Do pass. HB 2059. Do pass. HB 2063. Do pass. HB 2067. Do pass as amended. HB 2069. Do pass by substitute. HB 2074. Do pass. HB 2075. Do pass by substitute. HB 2078. Do pass by substitute. HB 2079. Do pass. HB 2080. Do pass. HB 2081. Do pass.

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HB 2086. Do pass. HB 2087. Do pass by substitute. HB 2088. Do pass. HB 2089. Do pass. HB 2090. Do pass.

Respectfully submitted, Overby of 49th, Chairman.

Senator Reynolds of the 48th District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1279. Do not pass.
Respectfully submitted, Reynolds of 48th, Chairman.

Senator London of the 50th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu tions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 258. Do pass. SR 411. Do pass.
Respectfully submitted, London of 50th, Chairman.

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Senator McGill of the 24th District, Chairman of the Committee on Agricul ture, submitted the following report:

Mr. President:

Your Committee on Agriculture has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to to the Senate with the following recommendation:
HB 1600. Do pass.

Respectfully submitted, McGill of 24th, Chairman.

Senator Kidd of the 25th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:
Mr. President:
Your Committee on Economy, Reorganization and Efficiency in Government has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1251. Do pass by substitute.
Respectfully submitted, Kidd of 25th,
Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:
Mr. President:
Your Committee on Public Utilities and Transportation has had under consideration the following 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:
HR 591. Do pass.
HR 658. Do pass.
HB 1897. Do pass.

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2131

HR 628. Do pass by substitute. HB 1998. Do pass as amended.

Respectfully submitted, Brown of 47th, Chairman.

Senator Reynolds of the 48th District, Chairman of the Committee on High ways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back the Senate with the following recommendation:
HB 1637. Do pass.
Respectfully submitted, Reynolds of 48th, Chairman.

The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 70. By Mr. Alexander of the 38th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the City of Atlanta under certain circumstances to levy ad valorem taxes for the purpose of paying the principal of and the interest on certain revenue obligations issued by said City; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII of the Constitution of the State of Georgia, as the same has been heretofore amended, is hereby further amended by adding at the end thereof a new paragraph to read as follows:
"Notwithstanding any other provision of this Article, the City of Atlanta may levy ad valorem taxes not to exceed two (2) mills in any calendar year for the purpose of paying the principal of and

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the interest on any issue of revenue obligations issued by said City and secured by a pledge of said taxing power; provided, however, no such pledge may be made with respect to any such issue unless at or prior to the issuance thereof both of the following conditions have been met: (1) the net earnings (as hereinafter defined) of the undertaking with respect to which such issue is proposed to be issued for a period of twelve (12) consecutive months out of the fifteen (15) months immediately preceding the adoption of proceed ings for the issuance of such issue must have been equal to at least one and one-third (1 1/3) times the highest combined principal and interest requirements (as hereinafter defined) for any succeeding twelve (12) months' period on all then outstanding revenue obliga tions which are payable from the earnings of such undertaking and on the obligations of the issue proposed to be issued; and (2) said City has obligated itself to create from the earnings of such under taking a reserve fund which can be used only to pay the principal of and the interest on the revenue obligations payable from said earnings in an amount which will equal within not more than sixty (60) months from the date of the adoption of proceedings for the issuance of such issue the highest combined principal and interest requirements (as hereinafter defined) for any succeeding twelve (12) months' period on all then outstanding revenue obligations which are payable from the earnings of such undertaking and on the obligations of the issue proposed to be issued. Net earnings as used herein shall be construed to be gross earnings of such under taking which have been received during the period in question after deducting therefrom the reasonable and necessary expenses of operating, maintaining and repairing such undertaking during the period in question (but excluding depreciation). In determining gross earnings for the purpose of making the computations required to establish net earnings, there may be included, in addition to actual receipts during the twelve (12) months' period in question, an amount equal to the fixed amounts to be received during the twelve (12) months immediately following the date of such determina tion from new contracts entered into with users of the services of such undertaking or new or increased payments to be received under the provisions of existing contracts on account of the new additions, extensions or improvements to such undertaking which are to be financed from the proceeds of the issue of obligations then proposed to be issued. For the purpose of determining the principal and interest requirement's for any twelve (12) months' period, there shall be included, in addition to the amounts which, by the terms of the pertinent revenue obligations, become due and payable during said period, the aggregate principal amount, (and premium, if any,) of any annual mandatory redemption requirements which must be met during said period and a like amount of principal shall be de ducted from the principal requirement in the period when such obligations would, by their terms, mature if they were not subject to such mandatory redemption or redemptions. A pledge of the aforesaid taxing power for the purpose herein authorized shall be ac complished by the inclusion of a covenant to such effect in the ordinance authorizing the issuance of such issue of obligations, coupled with a reference to said covenant in the instrument or instruments evidencing the obligation or obligations, and once
made, said covenant shall constitute a lien on the moneys received
from the taxes levied in furtherance thereof and the validity of

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said covenant, pledge and lien shall be incontestable from and after tbe issuance of such issue of obligations and the holder of any such obligation shall be authorized to enforce the same, provided only that prior to the issuance of such issue of obligations, the Director of the Department of Finance of the City of Atlanta, or the succes sor to his powers, shall have certified to the governing body of said City that the above referred to conditions precedent to the creation of such pledge have been met and said governing body shall have approved the correctness of such certification by a statement to such effect in the ordinance adopted to authorize the issuance of such issue of obligations."

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 autho rize the City of Atlanta under certain circum-
( ) NO stances to levy ad valorem taxes not to exceed 2 mills in any calendar year to pay the principal of and the interest on revenue obligations issued from time to time by said City?"

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 by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin

Coverdell Cox Dean Doss Eldridge Fincher Gillis Hamilton

Henderson Herndon Hill Holley Howard Hudgins Jackson Johnson

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Kennedy Langford Lester McDuffie McGill Moore Overby Parker

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Reynolds Rowan Skene Smalley Smith Stephens Summers Sutton

Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Duncan Garrard Holloway

Kidd London Riley

Salter Starr Young

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 486. By Mr. Adams of the 36th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide a homestead exemption from taxation to resident homeowners in the City of Hapeville, in an amount not to exceed $2,500 and that the present homestead exemption of $4,000 to resident homeowners age 65 or over and resident homeowners who are totally disabled be increased to $6,500; 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 Constitution is hereby amended by striking therefrom the following:
"Any other provisions of this Constitution to the contrary notwithstanding, each resident of the City of Hapeville who is sixty-five 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 Hapeville 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 $4,000.00 on his homestead from all ad valorem taxa tion by the City of Hapeville as long as any such resident of the

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City of Hapeville actually occupies said homestead as his residence.
Provided, however, under this provision, there shall be no more than one (1) $4,000.00 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 Hapeville. 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 Hapeville, or with a person designated by the governing authority of the City of Hapeville, 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 governing authority of the City of Hapeville, or the person designated by the governing authority of the City of Hapeville, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Hapeville, 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, 1971.

If such resident is qualified to receive the old age homestead exemption of $4,000.00 from Fulton County ad valorem taxes, proof of such exemption will qualify such resident for the City of Hape ville $4,000.00 tax exemption contemplated herein.",

and inserting in lieu thereof the following:

"Any other provisions of this Constitution to the contrary not withstanding, each resident of the City of Hapeville who is 65 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 per annum, and each resident of the City of Hapeville 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 per annum, is hereby granted an exemption of $6,500 on his homestead from all ad valorem taxation by the City of Hapeville as long as any such resident of the City of Hapeville actually occupies said homestead as his residence. Provided, how ever, under this provision, there shall be no more than one (1) $6,500 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 Hapeville. 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 Hapeville, or with a person designated by the governing authority of the City of Hapeville, 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 governing authority of the City of Hapeville, or the person desig nated by the governing authority of the City of Hapeville, to make a determination as to whether such owner is entitled to such exemp tion. The governing authority of the City of Hapeville, or the person designated by the said governing authority, shall provide affidavit

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forms for this purpose. If such resident is qualified to receive the old-age homestead exemption of $4,000 from Fulton County ad valorem taxes, proof of such exemption will qualify such resident for the City of Hapeville $6,500 tax exemption contemplated herein. A homestead of each resident of the City of Hapeville actually occupied by the owner as a resident and homeowner, but only so long as actually occupied by the owner primarily as such, is hereby exempted from ad valorem taxation in the amount of $2,500. The exemptions provided for herein shall apply to all taxable years beginning after December 31, 1974."

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 homestead exemption for residents
( ) NO of the City of Hapeville who are age 65 or over or who are totally disabled from $4,000 to $6,500 and to provide for homestead exemption for resident homeowners of the City of Hapeville in an amount not to exceed $2,500 from ad valorem taxation by said city?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". Ail 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, by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter

Cleland Coggin Coverdell Cox Dean Doss

Eldridge Fincher Gillis Hamilton Henderson Herndon

Hill Holley Howard Hudgins Jackson Johnson Kennedy Langford Lester McDuffie

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2137

McGill Moore Overby Parker Reynolds Rowan Skene Smalley Smith Stephens

Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Duncan Garrard Holloway

Kidd London Riley

Salter Starr Young

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 685. By Messrs. Coney, Brown, Berlin of the 89th and others:
A RESOLUTION
Proposing an amendment to the constitution so as to permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, properties, monies, and services di rectly, or through the Macon-Bibb County Urban Development Author ity, for the purposes of acquiring, constructing, improving, altering, repairing and maintaining properties within Bibb County, Georgia, so as to develop and redevelop urban, central city and downtown areas located within the County of Bibb; to provide for the power of eminent domain to be exercised with limitations by the Macon-Bibb County Urban Development Authority; to ratify and confirm an Act of the General Assembly of Georgia creating the Macon-Bibb County Urban Development Authority; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution of the State of Georgia, ratified in the general election of August 7, 1945, and as the same has been heretofore and may be contemporaneous ly amended, is hereby amended by adding thereto the following:
"Provided, however, that the governing authorities of the County of Bibb and of the City of Macon, either and both, are by

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this self-executing amendment, authorized and permitted, directly, or through the Macon-Bibb County Urban Development Authority, to appropriate properties, monies and services, any or all, for the purposes of acquiring, constructing, improving, altering, repairing or maintaining properties within Bibb County, Georgia, so as to develop and redevelop for the public good urban, central city and downtown areas located within Bibb County and in a manner that said powers may be exercised directly by the County of Bibb, the City of Macon or the Macon-Bibb County Urban Development Authority created by an Act of the General Assembly at the 1974 Session thereof and provided further that said Macon-Bibb County Urban Development Authority shall be authorized to exercise the powers of eminent domain subject to the limitations set forth in said Act creating said Authority and provided further that an Act of the General Assembly of Georgia entitled 'An Act to create the Macon-Bibb County Urban Development Authority; to establish said Authority as a public body corporate and politic; to authorize the Authority to exercise certain powers including the right and authority to acquire, construct, improve, alter, repair and maintain properties within Bibb County, Georgia, for the purpose of provid ing improvements for the public good of urban, central city and downtown areas located within Bibb County, Georgia; to provide for the exercise of the power of eminent domain by said Authority and to establish the procedures by which such powers shall be exercised; to impose duties on the Authority; to designate the members of the Authority; to authorize the City of Macon and Bibb County to execute leases and contracts with said Authority in furtherance of the purposes and responsibilities of the Authority; to authorize the Authority to incur debt by promissory notes or the issuance of revenue bonds of the Authority and to provide for the collection of revenues, rents and earnings by the Authority for the amortization and payment of such revenue bonds or other debts incurred by said Authority and the pledging of said revenues or other funds for such purposes; to authorize the execution of contracts, trust instruments, deeds to secure debt and the encumbrancing of the Authority's property to secure the payment of bonds, debts or other evidence of indebtedness; to provide rights for the holders of bonds or other debts of the Authority; to provide that the debts of the Authority shall not constitute debts of the State nor of any city, town, municipality or county thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon and all property of the Authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of bonds of the Authority and the security therefor; to provide for the severability of the provisions of this act; to repeal all laws and parts of law in conflict herewith; and for other purposes,' which was enacted at the Session of the General Assembly of Georgia commencing in January 1974, is ratified and confirmed as of the dates of both its passage and approval; and provided further that, insofar as this amendment relates to the said Act creating said Macon-Bibb County Urban Development Authority, the effectiveness of this amendment shall be retroactive to such dates as may be required to assure said Act of full force, effect and validity."

Section 2. When the above proposed amendment to the Constitu-

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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 said Constitu tion of Georgia of 1945, and as aforesaid 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 per mit the governing authorities of the County of
( ) NO Bibb and of the City of Macon to appropriate, with limitations, properties, monies and services directly, or through the Macon-Bibb County Urban Development Authority, for the purposes of acquiring, constructing, improving, altering, repairing and maintaining properties within Bibb County, Georgia, so as to develop and redevelop urban, central city and downtown areas located within the County of Bibb; to provide for the power of eminent domain to be exercised with limitations by the Macon-Bibb County Urban Development Authority; to ratify and confirm an act of the General Assembly of Georgia creating the Macon-Bibb County Urban Development Authority; and for other pur-

All persons desiring to vote in favor of adopting the proposed amendment shall vote "Yes" for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amend ment shall vote "No" against ratification.
If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Bibb County and in the City of Macon shall vote for ratification thereof, this amendment shall become a part of the Constitution of this State. The returns of the elections shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, by the President, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th
Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Gillis Hamilton

Henderson Herndon Hill Holley Howard Hudgins Jackson Johnson Kennedy Langford Lester McDuffie McGill Moore Overby Parker

Reynolds Rowan Skene Smalley Smith Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Duncan Garrard Holloway

Kidd London Riley

Salter Starr Young

On the adoption of the resolution, the ayes were 47, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following resolution of the Senate was read and adopted:

SR 426. By Senators Gillis of the 20th, Holley of the 22nd, Smith of the 34th and others:
A resolution pertaining to the Honorable John R. "Reg" Murphy.

The following bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1841. By Mr. Egan of the 25th:
A bill to amend an Act known as the "Georgia Securities Act of 1973", so as to clarify certain provisions relating to the registration of securities.

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Senator Smalley of the 28th offered the following amendment:

Amend HB 1841 by adding to the first paragraph of Section 1 thereof after "(15)" where it appears in the fourth and sixth lines the following:
"(16)"

and by adding at the end of the paragraph numbered (15) a new para graph to read as follows:
"(16) 'Security' means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of indebtedness, investment certificate, certificate of interest or participation in any profitsharing agreement, certificate of interest in oil, gas or other mineral rights, collateral trust certificates, preorganization certifi cate or subscription, transferable share, investment contract, voting-trust certificate, limited partnership interest, or beneficial interest in profits or earnings, or any other instrument commonly known as a security, including any certificate of interest or partici pation in, temporary or interim certificate for, receipt for, guaranty of, or warrant or right to subscribe to or purchase, any of the fore going. The term investment contract shall include but is not limited to an investment which holds out the possibility of return on risk capital even though the investor's efforts are necessary to receive such return if (i) such return is dependent upon essential man agerial or sales efforts of the issuer or its affiliates, and (ii) one of the inducements to invest is the promise of promotional or sales efforts of the issuer or its affiliates in the investor's behalf, and (iii) the investor shall thereby acquire the right to earn a com mission or other compensation from sales of rights to sell goods, services or other investment contracts of the issuer or its affiliates. 'Security' shall not mean any insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period, nor to any variable annuity contract as provided for and regulated under the Georgia Insurance Code and issued by a life insurance company licensed to do business in the State of Georgia, nor shall it mean any interest in a resi dential unit and a rental management arrangement relating to such residential unit so long as the owner-participants under the rental management arrangement, whether optional or mandatory, do not participate directly in the income derived from the rental of units owned by others."

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.

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On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard

Gillis Hamilton Henderson Herndon Hill Hudgins Jackson Johnson Kennedy Langford McDuffie McGill Moore Overby

Reynolds Rowan Skene Smalley Smith Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb

Those not voting were Senators:

Carter Holley Holloway Howard Kidd

Lester London Parker Riley

Salter Starr Young Zipperer

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 1291. By Mr. Carlisle of the 67th:
A bill to amend an Act known as the "Sedition and Subversive Activities Act of 1953", so as to change the provisions relating to the written questionnaire.

The Committee on Judiciary offered the following amendment:
Amend HB 1291 by inserting on Page 3, line 1, after the word "convicted" the following:
", or are any charges now pending against you,".

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2143

By striking from Page 3, line 9, the word "dismissed", and by inserting in lieu thereof the word "pardoned".

On the adoption of the amendment, the ayes were 30, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge

Fincher Hamilton Henderson Herndon Hill Howard Jackson Johnson Kennedy Langford McDuffie McGill Moore

Those not voting were Senators :

Bell Garrard Gillis Holley Holloway Hudgins

Kidd Lester London Salter Smalley Stephens

Overby Parker Reynolds Riley Rowan Skene Smith Starr Summers Sutton Thompson Webb Zipperer
Tysinger Ward Warren Wasden Young

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 127. By Mr. Snow of the 1st and others: A bill to amend Code Title 27, relating to criminal procedure, so as to

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provide that on the trial of all criminal cases the jury shall give a verdict of guilty or not guilty, and the judge shall fix the sentence to be imposed in such case.

The Senate Committee on Judiciary offered the following substitute to HB 127:
A BILL
To be entitled an Act to amend Code Title 27, relating to criminal procedure, as amended, and 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), as amended by an Act approved March 27, 1970 (Ga. Laws 1970, p. 949), so as to provide that on the trial of all criminal cases the jury shall give a general verdict of "guilty" or "not guilty", and upon a verdict of guilty the judge shall fix the sentence to be imposed in such case, except in cases in which the accused elects to be sentenced by the jury and has announced such election to the judge prior to the trial, in which case the sentence shall be imposed by the jury; to provide for a review of sentences imposed or fixed in certain cases in which a sentence is fixed by a judge; to provide for limitations; to provide for applications; to provide for the submission of certain documents, records and reports; to provide that such review shall be by a panel of three superior court judges; to provide for the appointment of such judges; to provide for the duties, powers and expenses of such judges; to provide that a proceeding for review of a sentence shall not affect appeals in such cases to other appellate courts; to provide for practice and procedure in connection with such review of sentences; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 27, relating to criminal procedure, as amended, is hereby amended by striking Code Section 27-2301, relating to general verdicts and the form and construction of verdicts, and insert ing in lieu thereof a new Code Section 27-2301, to read as follows:
"27-2301. Jury judges of law and facts; general verdict; form and construction of verdicts.--On the trial of all criminal cases the jury shall be the judges of the law and the facts, and shall give a general verdict of 'guilty' or 'not guilty'. Upon a verdict of guilty the sentence shall be imposed by the judge, as provided by law, except in cases in which the accused elects to be sentenced by the jury and has announced such election to the judge prior to the trial, in which case the sentence shall be imposed by the jury. Verdicts are to have a reasonable intendment, and are to receive a reasonable construction, and are not to be avoided unless from necessity."
Section 2. Said Code Title is further amended by striking from

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Code Section 27-2302, relating to recommendations of mercy, as amend ed, the following:

"and shall mean imprisonment for life.",

and inserting in lieu thereof the following:

"and shall be a recommendation to the judge of imprisonment for life. Such recommendation shall be binding upon the judge.",

so that when so amended, Code Section 27-2302 shall read as follows:

"27-2302. Recommendation to mercy.--In all capital cases, other than those of homicide, when the verdict is guilty, with a recommendation to mercy, it shall be legal and shall be a recom mendation to the judge of imprisonment for life. Such recommenda tion shall be binding upon the judge."

Section 3. 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), as amended by an Act approved March 27, 1970 (Ga. Laws 1970, p. 949), is hereby amended by striking Section 4 of said Act, which reads as follows:

"Section 4. The following is hereby enacted in lieu of the above repealed provisions:

The jury in their verdict on the trial of all cases of felonies not punishable by life imprisonment shall not prescribe an indeter minate sentence for a minimum and maximum term, but shall pre scribe a determinate sentence for a specific number of years, which shall be within the minimum and maximum prescribed by law as the punishment for said crime, and the "judge in imposing the sentence shall sentence said convicted person to the penitentiary in accordance with the verdict of the jury. However, the judge imposing said sentence is hereby granted power and authority to suspend or probate said sentence, under such rules and regulations as he thinks proper. The judge is also empowered with the right and authority to revoke said suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court. In cases of pleas of guilty, the judge, and not the jury, shall prescribe a determinate sentence for such specific num ber of years as he may see fit; provided, that after the term of court at which sentence is imposed the superior court judges shall have no authority to suspend, probate, modify or change the sentences of said prisoners except as otherwise provided.",
in its entirety.
Section 4. Code Title 27, relating to criminal procedure, as amended, is further amended by inserting therein a new Code Section, to be designated as Code Section 27-2502, to read as follows:

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"27-2502. Determinate sentences.--Upon a verdict or plea of guilty in any case involving a misdemeanor or felony the judge or jury fixing such sentence shall prescribe a determinate sentence for a specific number of years, which shall be within the minimum and maximum prescribed by law as the punishment for said crime, except in cases in which life imprisonment or capital punishment is imposed. The judge imposing said sentence is hereby granted power and authority to suspend or probate said sentence, under such rules and regulations as he deems proper. Said judge shall also be empowered to revoke said suspension or probation when the defen dant has violated any of the rules and regulations prescribed by the court. After the term of court at which the sentence is imposed by the judge or jury, the judge shall have no authority to suspend, probate, modify or change the sentence of said prisoner, except as otherwise provided."

Section 5. 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), as amended by an Act approved March 27, 1970 (Ga. Laws 1970, p. 949), is hereby amended by striking Section 1A, which reads as follows:

"Section 1A. At the conclusion of all felony cases heard by a jury, 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. In non-jury felony cases, the judge shall likewise first consider a finding of guilty or not guilty without any consideration of punishment. Where the jury or judge returns a verdict or finding of guilty, the court shall resume the trial and conduct a pre-sentence hearing before the jury or judge 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 or judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or pleas of nolo contendere 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 defendant prior to his trial shall be admissible. The jury or judge shall also hear argument by the defendant or his counsel and the prosecuting attorney, as provided by law, regarding the punish ment to be imposed. The prosecuting attorney shall open and the defendant shall conclude the argument to the jury or judge. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions and the jury shall retire to deter mine the punishment to be imposed. In cases in which the death penalty may be imposed by a jury or judge sitting without a jury, the additional procedure provided in Code Section 27-2534.1 shall be followed. The jury, or the judge in cases tried by a judge, shall fix a sentence within the limits prescribed by law. The judge shall impose the sentence fixed by the jury or judge, as provided by law. If the jury cannot, within a reasonable time, agree to the punish ment, 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, in cases tried by a jury, the jury cannot agree

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2147

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.",

in its entirety.

Section 6. Code Title 27, relating to criminal procedure, as amend ed, is hereby amended by inserting therein a new Code Section, to be designated Code Section 27-2503, to read as follows:

"27-2503. Presentence hearings in felony cases.--(a) Except in cases in which the death penalty may be imposed and in cases in which the accused elects to be sentenced by the jury, upon the return of a verdict of 'guilty' by the jury in any felony case, the judge shall dismiss the jury and shall conduct a presentence hearing at which the only issue shall be the determination of punishment to be imposed. In such hearing the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or pleas of nolo contendere of the defendant, or the absence of any prior conviction and pleas; provided, however, that only such evidence in aggravation as the State has made known to the defendant prior to his trial shall be admissible. The judge shall also hear argument by the defendant or his counsel and the prosecuting attorney, as provided by law, regarding the punishment to be imposed. The prosecuting attorney shall open and the defendant shall conclude the argument. In cases in which the death penalty may be imposed, the judge when sitting without a jury shall follow the additional procedure provided in Code Section 27-2534.1. Upon the conclusion of the evidence and arguments the judge shall impose the sentence or shall recess the trial for the purpose of taking the sentence to be imposed under advisement. The judge shall fix a sentence within the limits prescribed by law. If the trial court is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered shall apply only to the issue of punishment.

(b) In all cases in which the death penalty may be imposed and which are tried by a jury and in cases in which the accused elects to be sentenced by the jury, upon a return of a verdict of guilty by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. Such hearing shall be con ducted in the same manner as presentence hearings conducted be fore the judge as provided in subsection (a) of this Section. Upon the conclusion of the evidence and arguments, the judge shall give
the jury appropriate instructions, and the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in Code Section 27-2534.1, exist and whether to recom mend mercy for the defendant. Upon the findings of the jury, the judge shall fix a sentence within the limits prescribed by law."

Section 7. Code Title 27, relating to criminal procedure, as amended, is hereby amended by inserting, following Code Section 272511, a new Code Section, to be designated Code Section 27-2511.1, to read as follows:

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"27-2511.1. Review of Sentences, (a) In any case, except cases in which the death penalty is imposed, in which a sentence of five or more years, or several consecutive sentences which total five or more years, has been fixed and imposed by a judge, without a jury, the defendant shall have the right to have such sentence or sentences reviewed by a panel of three superior court judges. The purpose of such review shall be for the determination of excessive harshness in the sentence or sentences so imposed. Consideration shall be given in such review to the nature of the crime for which the defendant has been convicted and the defendant's prior criminal record. Any defendant seeking a review of such sentence or sentences shall make application therefor within 30 days of the date on which the sentence was imposed by a judge of the superior court or after the remittitur from the Court of Appeals or Supreme Court affirming the conviction is made the judgment of the sentenc ing court, whichever shall occur last. Such application shall be filed with the clerk of the superior court in which the sentence was imposed. Upon the filing of an application the clerk shall transmit the same to the three-judge panel created by the provisions of this Section within ten days of the date on which such application was filed. It shall be the duty of the judge imposing such sentence and any probation officer to transmit, within ten days of the filing of an application for review of a sentence, a copy of any presentence or post-sentence report prepared by the probation officer, including the record of the defendant, to said three-judge panel.

(b) For the purpose of reviewing sentences, as provided by this Section, there is hereby created a panel of three superior court judges, to be appointed by the superior court judge then serving as the President of the Council of Superior Court Judges. Judges so appointed shall serve for a term of three months and until their successors are duly appointed and qualified. Judges so appointed shall receive their actual expenses incurred in the performance of their duties on such panel but shall receive no additional compensa tion. Such expenses shall be paid from funds appropriated to, or otherwise available to, the Judicial Branch of State Government. The panel shall be furnished offices, supplies, materials and secretarial assistance required for the performance of their duties by the State. The panel shall meet at the State capital at such times as may be required for the review of sentences, provided that all applications for review of sentences shall be heard within three months from the date on which they are filed. No judge appointed to a panel shall review a sentence which he has imposed on the trial of the case in the superior court or participate in any such review. If such a case is brought before the panel, the Presi dent of the Council of Superior Court Judges shall have the author ity to appoint an additional superior court judge as a member of the panel for the review of such case.
(c) The three-judge panel provided by this Section shall have the authority to review sentences upon application of the defendants in such cases. In the review of such sentences the defendant and the district attorney shall have the right to present written agrument relative to the sentence imposed and the harshness or justifi cation thereof. If, in the opinion of the panel, the sentence imposed by the trial judge is too harsh or severe in light of all of the

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circumstances surrounding the case and the defendant, and in light of the defendant's past history, the panel shall have the authority to issue an order reducing the sentence originally imposed by the trial judge. Said panel shall not have the authority, however, to reduce any sentence to probation or to suspend any sentence. The panel shall not be required to file written opinions but shall file a copy of any order or remittitur reducing a sentence with the superior court which originally imposed such sentence.

(d) The reduction of a sentence, or the refusal to reduce a sentence, by the panel shall not be reviewable. The provisions for review of sentences provided by this Section shall not be deemed to affect the right to appeal or any practices, procedures or time limitations relative to appeals to appellate courts. A defendant shall not have the right to file more than one application for a review of a sentence, and any order issued by the panel reducing or refusing to reduce any sentence covered by an application shall be binding on the defendant and the superior court imposing such sentence.

(e) The provisions of this Section shall not apply to cases in which the death penalty is imposed."

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Brown of 47th Carter Cox Dean Fincher Gillis

Holley Howard Hudgins Johnson Kennedy Langford McGill

Overby Stephens Thompson Ward Young Zipperer

Those voting in the negative were Senators:

Barker Bell Broun of 46th Cleland Coggin Coverdell Doss Duncan Eldridge Garrard
Hamilton

Henderson Herndon Hill Holloway Jackson Kidd Lester McDuffie Parker Reynolds

Rowan Skene Smalley Smith Summers Button Tysinger Warren Wasden Webb

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Those not voting were Senators:

London Moore

Riley Salter

Starr

On the adoption of the substitute, the ayes were 20, nays 31, and the com mittee substitute was lost.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Carter Cleland Coggin Coverdell Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Hill Holley Holloway Hudgins Jackson Kennedy Kidd McDuffie McGill Parker Reynolds

Rowan Skene Smalley Smith Stephens Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Ballard Brown of 47th Cox

Howard Johnson Langford

Lester Overby Ward

Those not voting were Senators:

London Moore

Riley Salter

Starr

On the passage of the bill, the ayes were 42, nays 9.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 21, 1974

2151

Senator Johnson of the 38th gave notice that, at the proper time, he would move that the Senate reconsider its action on HB 127.

The following bills and resolutions of the House were read the second time:

HB 1638. By Messrs. Cole and Foster of the 6th and Turner of the 3rd:
A bill to amend an Act fixing the salaries of the judges of the superior courts, so as to change the provisions relating to salaries and compen sation of secretaries for judges of the superior courts and district at torneys.

HB 1435. By Mr. Evans of the 89th:
A bill to amend Code Section 46-406, relating to judgment against de fendant and to default judgment against a garnishee on failure to answer, so as to change the term "applications for garnishments" to "summonses for garnishments".

HB 1696. By Mr. Carrell of the 71st:

A bill to amend an Act providing that buildings constructed with public

funds shall be accessible to the physically handicapped, so as to change

the provisions relative to elevators.

- -- ------

HR 625. By Mr. Floyd of the 56th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to require justices of the peace and ex officio justices of the peace to participate in certain educational pro grams.

HR 546. By Messrs. Cole and Foster of the 6th:
A resolution authorizing and directing the State Librarian to furnish certain law books to the judge of the Superior Court of the Conasauga Judicial Circuit.

HB 1829. By Messrs. Bohannon and Patterson of the 65th:
A bill to amend Code Section 88-1725, relating to fees for copies of searches of vital statistics, so as to provide that no charge shall be made for searches of records maintained by the Department of Human Resources.

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HB 1536. By Mr. Larsen of the 102nd:
A bill to amend an Act known as the "Georgia Post Mortem Examina tion Act", so as to authorize a medical examiner or his designee to obtain a blood sample from any person admitted to a hospital or morgue whenever any such person is unable to give his consent to the taking of a sample of blood for analytical purposes.

HB 1695. By Mr. Snow of the 1st and others:
A bill to amend Code Section 26-2502, relating to the crime of aiding escape, so as to change the penalties for aiding escape; to provide that a person who, while armed with a dangerous weapon, aids another to escape from lawful custody or from any place of lawful confinement shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than 10 years.

HB 1251. By Messrs. Walker of the 100th, Hawes of the 43rd and Russell of the 62nd:
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to provide for the removal from record of certain deeds to secure debt, financing statements, personalty mortgages or other instruments; to provide grounds for suspension or revocation of license in connection therewith.

HB 1897. By Mr. Groover of the 75th:
A bill to amend Code Chapter 91-11, relating to public property, as amended, so as to provide for the use of certain publicly owned utilities by residents of political subdivisions or municipalities wherein the utilities are located.
HR 591. By Mr. Harrison of the 116th:
A resolution authorizing the conveyance of certain property in the City of Jesup, Wayne County, Georgia, to the Hospital Authority of Wayne County.

HR 628. By Messrs. Knight, Mullinax and Ware of the 65th:
A resolution authorizing the conveyance of a certain tract or parcel of land located in Coweta County, Georgia, to Harrison Ward and Alma Lilly Ward.

HR 658. By Mr. Hays of the 1st:
A resolution authorizing the conveyance of certain State-owned real property located in Union County, Georgia, to the United States; autho-

THURSDAY, FEBRUARY 21, 1974

2153

rizing the acceptance of certain property owned by the United States and located in Union County.

HB 1637. By Mr. Coleman of the 102nd:
A bill to amend an Act creating the Department of Public Safety, so as to provide that the Commissioner of Public Safety shall formulate and prescribe tests, examinations, procedures, rules and regulations under which licenses to operate motor vehicles shall be granted.

HB 1998. By Mr. Busbee of the 114th:
A bill to authorize the Governor of Georgia to appoint an Attorney at Law to serve as Consumers' Rate Counsel in pending utility rate cases, to define the duties of Consumers' Rate Counsel, to provide for remun eration.

HB 1600. By Mr. Noble of the 48th:
A bill to amend Code Section 26-2802, relating to cruelty to animals, so as to prohibit the sale or distribution of baby chicks, duckling rabbits and turtles as pets or novelties.

HB 1502. By Mr. Adams of the 36th:
A bill to repeal an Act authorizing the commissioners of certain coun ties to create a Board of Examiners of Stationary Engineers and Fire men (Georgia Laws 1910, p. 112).

HB 1605. By Mr. Irvin of the 23rd:
A bill to amend an Act creating a new charter for the City of Roswell, so as to change the corporate limits of said city.

HB 1620. By Mr. Greer of the 43rd:
A bill to fix the salary of the Solicitor-General of the Criminal Court of Fulton County.

HB 1666. By Mr. Connell of the 80th:
A bill to amend an Act entitled "An Act to create a Board of Commis sioners for Roads and Revenues for the County of Richmond", so as to provide for a clerk and an attorney for the board.

HB 1669. By Mr. Connell of the 80th:
A bill to amend an Act creating a merit system in Richmond County for the employees of Richmond County, so as to provide for the duties and functions of the merit system council.

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HB 1728. By Mr. Adams of the 36th:
A bill to repeal an Act establishing County Planning Commissions in certain counties.

HB 1762. By Mr. Lane of the 40th:
A bill to amend an Act establishing a new charter for the City of East Point, so as to provide for a change in the functions and duties of the mayor and the City of East Point; and, to provide for the establishment and powers of a city manager.

HB 1819. By Mr. Alexander of the 39th:
A bill to amend an Act creating the Joint City-County Board of Tax Assessors in certain counties (population of 300,000 or more), so as to provide for the method of arbitration of assessments made by the Joint Board of Tax Assessors and to further provide for appeals to the Superior Court from the decision of the arbitrators.

HB 1908. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd and others: A bill to fix the compensation of the ordinaries in certain counties (pop ulation of not less than 145,000 nor more than 165,000) and to provide for the employment and compensation of personnel within such ordi naries' offices.
HB 1982. By Mr. Smith of the 42nd: A bill to amend an Act creating a new charter and municipal govern ment for the City of Fairburn, so as to change the maximum penalty to be imposed by the City of Fairburn's Recorder's Court.
HB 1983. By Mr. Smith of the 42nd: A bill to amend an Act incorporating Union City, so as to change the date for holding elections for the office of Mayor and Council.

HB 2005. By Messrs. Dent of the 78th, Miles of the 79th, Sams of the 83rd and others:
A bill to amend the charter of the City of Augusta, incorporated as the Council of Augusta, so as to allow the members of council to succeed themselves in office.

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2155

HB 2009. By Messrs. Knight and Mullinax of the 65th:
A bill to amend an Act creating a new charter for the City of Franklin, so as to provide for the selection of the clerk and other employees by the mayor and council.

HB 2016. By Messrs. Sams of the 83rd, Miles of the 79th, Dent of the 78th and others:
A bill to amend an Act creating a Richmond County Board of Tax As sessors, so as to provide for the powers of said board; to provide for returns required by taxpayers.

HB 2021. By Mr. Russell of the 62nd:
A bill to reincorporate the City of Winder in the County of Barrow; to create a new charter for said city.

HB 2031. By Mr. Tucker of the 69th:
A bill to amend an Act incorporating the City of Stockbridge in the County of Henry, so as to change the corporate limits of said city.

HB 2036. By Mr. Dixon of the 126th:
A bill to amend an Act changing the compensation of the sheriff and the ordinary of Charlton County from a fee system to a salary system, so as to change the provisions relative to deputy sheriffs.

HB 2038. By Mr. Castleberry of the 96th:
A bill to repeal an Act providing that in certain counties of this State the Clerk of the Superior Court shall attend the trial in the Court of Ordinary of all cases for violation of traffic laws within said counties.

HB 2042. By Messrs. McDonald of the 12th and Irvin of the 10th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Banks County into the office of Tax Commissioner of Banks County.

HB 2059. By Mr. Ross of the 72nd:
A bill to amend an Act creating a Commissioner of Warren County, so as to change the provisions relative to the compensation of the com missioner.

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HB 2063. By Messrs. Miles of the 79th, Beckham of the 82nd, Mulherin of the 81st and others:
A bill to require the Board of Commissioners of Richmond County to publish certain tax information.

HB 2067. By Mr. Groover of the 75th: A bill to create a new board of commissioners of Jones County; to pro vide for the composition, powers and duties of said board and for the election of the members thereof.
HB 2069. By Messrs. Waddle of the 98th and Moyer of the 99th: A bill to amend an Act incorporating the City of Warner Robins, so as to change the corporate limits of said city.
HB 2074. By Messrs. Howard of the 19th, McDaniell, Nix of the 20th and others: A bill to amend an Act creating the Board of Commissioners of Cobb County, so as to change the provisions relating to districts for the elec tion of commissioners.
HB 2075. By Messrs. Dixon of the 126th and Sweat of the 125th: A bill to amend an Act placing certain of the county officers of Ware County upon an annual salary, so as to change the compensation of the sheriff and ordinary of Ware County.

HB 2078. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the board of commissioners of Ware County, so as to change the compensation of the chairman of the board.

HB 2079. By Messrs. Harris, Roach and Thomason of the 8th:
A bill to amend an Act placing the coroner of Bartow County upon an annual salary, so as to change the compensation of the coroner.

HB 2080. By Messrs. Harris, Roach and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the mileage allowance of the sheriff of Bartow County.

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2157

HB 2081. By Messrs. Twiggs and Colwell of the 4th:
A bill to reincorporate the City of Dillard in the County of Rabun; to create a new charter for said city.

HB 2086. By Messrs. Toles of the 16th, Adams of the 14th and Lowrey of the 15th:
A bill to amend an Act to reincorporate the City of Cave Spring in the County of Floyd, so as to provide for councilmen to be elected to seats on the city council.

HB 2087. By Mr. Karrh of the 91st:
A bill to amend an Act placing the Sheriff of Jenkins County on a salary, so as to change the compensation provisions relating to the deputy sheriff.

HB 2088. By Mr. Ross of the 72nd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County, so as to change the salary of the Chairman of the Board of Commissioners.
HB 2089. By Messrs. Pinkston, Dickey, Berlin of the 89th and others:
A bill to amend an Act renacting the Charter of the City of Macon, so as to provide that title and possession of all property and assets, real and personal, under the control or jurisdiction of the Board of Water Commissioners of the City of Macon, or utilized by the Board of Water Commissioners in its water and sanitary sewerage activities whether title thereto is vested in the Board of Water Commissioners or in the City of Macon, be transferred assigned, conveyed and delivered to the Macon-Bibb County Water and Sewerage Authority.

HB 2090. By Messrs. Castleberry of the 96th and Edwards of the 95th: A bill to provide for the salary of the Sheriff of Chattahoochee County.

HB 2091. By Mr. Castleberry of the 96th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Webster County, known as the fee system; to provide in lieu thereof an annual salary.

HB 2092. By Mr. McDonald of the 12th: A bill to amend an Act incorporating the Town of Braselton in the

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County of Jackson, so as to authorize the Town of Braselton to contract for the purchase of utility services for the purpose of the resale of such services.

HB 2093. By Messrs. Mason of the 59th and Wall of the 61st:
A bill to amend an Act incorporating the City of Snellville, so as to change the provisions relative to filling vacancies.

HB 2094. By Messrs. Lewis and McCracken of the 77th, Lane and Nessmith of the 76th:
A bill to amend an Act abolishing the present mode of compensating the Tax Commissioner of Burke County, so as to change the compensation provisions relating to the tax commissioner.

HB 2095. By Messrs. Brown of the 67th, Johnson and Bailey of the 68th and Carlisle of the 67th:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of Superior Court of Fayette County and providing an annual salary, so as to change the compensation of the clerk of the superior court.

HB 2096. By Messrs. Strickland and Harrison of the 116th:
A bill to amend an Act creating the Board of Commissioners of Wayne County, so as to change the compensation of the members of said board.

HB 2097. By Messrs. Larsen and Jessup of the 102nd:
A bill to amend an Act creating a new charter for the City of Dublin, so as to delete therefrom the requirement that property be returned in the city for taxation.

HB 2098. By Messrs. Strickland and Harrison of the 116th:
A bill to amend an Act establishing a Small Claims Court for Appling County, so as to change the term of office of judges of said court.

HB 2099. By Mr. Lambert of the 97th:
A bill to amend an Act creating a new charter for the City of Madison, so as to change the provisions relating to the election of the mayor and councilmen.

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HB 2101. By Messrs. Triplett of the lllth, Chance of the 112th, Gignilliat of the 105th and others:
A bill to amend an Act establishing a new charter for Garden City, so as to extend the corporate limits of said city and annex and incorporate certain additional land into said city.

HB 2102. By Messrs. Colwell and Twiggs of the 4th:
A bill to provide that it shall be unlawful to hunt or trap or attempt to hunt or trap wild animals in Fannin, Union and Towns Counties by the use of steel traps or other devices left unattended when such traps or devices could injure, harm or endanger domestic or farm animals.

HB 2103. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act changing the Sheriff and Clerk of Superior Court of Dodge County from a fee system to the salary system of compensa tion, so as to change the title of the deputy sheriff charged with certain duties relating to taxation to the special deputy sheriff and clerk.

HB 2104. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act creating the office of Commissioner of Dodge County, so as to change the provisions relating to the compensation of the Clerk of the Commissioner of Dodge County.

HB 2105. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act changing the compensation of the Ordinary of Dodge County from the fee and salary system to. the salary system ex clusively, so as to change the provisions relating to the compensation of the clerk of the ordinary.

HB 2106. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act creating the office of the Tax Commissioner of Dodge County, so as to authorize the tax commissioner to employ two clerks.

HR 231. By Mr. Petro of the 46th, Mrs. Clark of the 55th, Mr. Burton of the 47th and others:
A resolution proposing an amendment to the Constitution so as to authorize DeKalb County to adopt ordinances authorizing pari-mutuel betting in DeKalb County.

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HR 632. By Messrs. Connell of the 80th, Mulherin of the 81st, Dent of the 78th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that certain capital improvements of new manufacturing estab lishments and certain additions to such capital improvements of manu facturing establishments shall be exempt from certain county ad valorem taxes, except school taxes, in Richmond County.

HR 712. By Mr. Dixon of the 126th:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a Downtown Waycross Development Au thority.

HB 1519. By Mr. Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to provide for preserva tion of certain pension benefits by postponing the date for commence ment of such benefits.

HB 1520. By Mr. Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to change the formula for reduction of the amount of dependent benefits in certain cases.

HB 1521. By Mr. Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to clarify the public school, college or university service which is entitled to be considered as "prior service" and to include in the definition of "prior service" service rendered as a teacher in American Dependents' Schools.

HB 1984. By Messrs. Miles of the 79th, Sams of the 83rd, Dent of the 78th and others:
A bill to amend an Act changing from the fee to the salary system certain county officers of all counties in this State having a population of not less than 145,000 and not more than 165,000, so as to change the compensation provisions relative to employees in the sheriff's office.

THURSDAY, FEBRUARY 21, 1974

2161

HB 2027. By Mr. Tucker of the 69th:
A bill to authorize the Board of Commissioners of Henry County to assess and collect license fees upon certain business activities conducted within Henry County.

HB 2062. By Mr. Connell of the 80th:
A bill to amend an Act creating a Board of Commissioners of Richmond County, so as to add one additional member to the Board of Commis sioners who shall be the chairman of the Board.

HR 659. By Mr. Harris of the 51st: A resolution proposing an amendment to the Constitution so as to authorize the County of DeKalb to issue bonds for lawful public pur poses without an election under certain conditions.
Senator Holley of the 22nd moved that the Senate do now adjourn until 8:30 o'clock A. M. tomorrow (Friday, February 22, 1974).
Senator Rowan of the 8th moved to amend the motion to adjourn until 9:30 o'clock A. M. Tuesday, February 26, 1974.

On the amendment to the motion the ayes were 6, nays 47, and the amendment to the motion was defeated.
The President stated that any amendment to the motion offered by Senator Holley of the 22nd that would adjourn the Senate beyond Sunday, February 24th would be out of order because it would designate an adjournment longer than three days.

On the motion of Senator Holley of the 22nd to adjourn, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Coggin Coverdell

Cox Dean Doss Duncan Eldridge Fincher Garrard

Gillis Hamilton Henderson Herndon Hill Holley Howard

2162
Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill

JOURNAL OF THE SENATE,

Moore Overby Parker Reynolds Skene Smalley Smith Stephens Sutton

Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Carter Cleland

Holloway

Rowan

Those not voting were Senators:

London Riley

Salter Starr

Summers

On the motion to adjourn, the ayes were 47, nays 4; the motion prevailed.

The President announced the Senate adjourned until 8:30 o'clock A. M. tomorrow.

TUESDAY, FEBRUARY 26, 1974

2163

Senate Chamber, Atlanta, Georgia Tuesday, February 26, 1974

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today accord ing to the provisions set forth in the following Proclamation by His Excellency, Governor Jimmy Carter, and was called to order by the President.
ADJOURNING THE PRESENT SESSION OF THE GENERAL ASSEMBLY OF GEORGIA
WHEREAS: The General Assembly of Georgia is now in regular session; and
WHEREAS: The House of Representatives by Resolution No. 751 adopted February 20, 1974 voted to adjourn at 6:00 o'clock p.m. on February 20, 1974, and reconvene at 9:30 o'clock a.m. on February 25, 1974; and
WHEREAS: The Senate failed and refused to agree on that ques tion of adjournment; and
WHEREAS: The House of Representatives by Resolution adopted February 21, 1974 voted to adjourn at 11:59 o'clock p.m. on February 21, 1974, and reconvene at 9:30 o'clock a.m. on February 26, 1974; and
WHEREAS: The Senate failed and refused to agree on that ques tion of adjournment but adopted a motion to adjourn on February 21, 1974, and reconvene on February 22, 1974; and
WHEREAS: The two houses are unable to agree and there ap pears to be a disagreement between the two houses; and
WHEREAS: Article III, Section VII, Paragraph XXII of the Constitution of Georgia provides in pertinent part that "in case of dis agreement between the two houses, on a question of adjournment, the Governor may adjourn either, or both of them"; and
WHEREAS: I find that it is advisable and prudent in the best interest of the people of Georgia that the General Assembly stand adjourned at 11:59 o'clock p.m. on February 21, 1974, and reconvene at 9:30 o'clock a.m. on February 26, 1974.
THEREFORE, under and by virtue of the power and authority conferred upon me by the Constitution of Georgia, Article III, Section VII, Paragraph XXII, I, Jimmy Carter, Governor of Georgia, do here by declare and order that the present session of the General Assembly of Georgia, both the House and Senate, be and the same is hereby

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adjourned at 11:59 o'clock p.m. on February 21, 1974, and shall recon vene at 9:30 o'clock a.m. on February 26, 1974.

This 21st day of February, 1974.

/s/ Jimmy Carter Governor

ATTEST:
/s/ Frank Moore Executive Secretary

Senator Young of the 13th reported that the journal of Thursday's proceed ings had been read and found correct.

Senator Tysinger moved that the journal reflect that committee reports from the County and Urban Affairs, Judiciary, Temperance, and University System of Georgia Committees, reporting the following bills and resolutions favorably were on the Secretary's rostrum thirty minutes prior to adjournment on the previous legislative day and could have been read if so ordered, and then each bill and resolution contained therein read the second time. The favorably reported bills and resolutions were:
HB 736.
HB 1072.
HB 1714.
HB 2030.
HR 41.
HR 678.
HB 1407.
HB 1572.
HR 476.
HB 1405.
HB 1390.

On the motion, the ayes were 38, nays 0; the motion prevailed.

Senator Broun of the 46th moved that the Senate reconsider its action of February 21 in defeating the following bill of the House:

HB 1415. By Messrs. Atherton of the 19th, Duke and Nix of the 20th:
A bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, so as to provide for an excise tax

TUESDAY, FEBRUARY 26, 1974

2165

which shall be imposed on malt beverages by municipalities and counties; to provide for a reporting system for the payment of such excise taxes on the sale of malt beverages.

On the motion, the ayes were 36, nays 3; the motion prevailed, and HB 1415 was placed on the Senate Calendar.

Senator Hill of the 29th moved that the Senate reconsider its action of February 21 in defeating the following resolution of the House:

HR 574. By Messrs. Adams and Smith of the 74th and others:
A resolution supporting and endorsing the construction of the Spewrell Bluff Dam Project authomed by P. L. 88-233, approved December 30, 1963.

On the motion, the ayes were 33, nays 5; the motion prevailed, and HR 574 was placed on the Senate Calendar.

Senator Henderson of the 33rd moved that the Senate reconsider its action of February 21 in passing the following bill of the House:

HB 1012. By Mr. Atherton of the 19th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to authorize counties and certain municipalities to levy a local sales and use tax.

On the motion, Senator Rowan of the 8th called for the ayes and nays, and the call was susained.

The President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Brown of 47th Carter Dean

Eldridge Kennedy Overby

Reynolds Stephens Sutton

2166

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Ballard Barker Bell Broun of 46th Cleland Coggin Coverdell Doss Duncan Fincher Gillis Hamilton Herndon

Hill Holley Howard Hudgins Jackson Kidd Langford Lester London McDuffie McGill Parker Riley

Rowan Salter Skene Smith Starr Summers Thompson Tysinger Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cox Garrard Henderson

Holloway Johnson Moore

Smalley Ward

On the motion, the ayes were 9, nays 39; the motion was lost, and HB 1012 was not reconsidered.
Senator Ballard of the 45th moved that the Senate reconsider its action of February 21 in passing the following bill of the House:

HB 127. By Mr. Snow of the 1st and others:
A bill to amend Code Title 27, relating to criminal procedure, so as to provide that on the trial of all criminal cases, the jury shall give a verdict of guilty or not guilty, and the judge shall fix the sentence to be imposed in such case.

On the motion, Senator London of the BOth called for the ayes and nays, and the call was sustained.

The President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Brown of 47th

Gillis

Lester

TUESDAY, FEBRUARY 26, 1974

2167

Those voting in the negative were Senators:

Barker Bell Broun of 46th Carter Cleland Coggin Coverdell Dean Doss Duncan Eldridge Pincher Hamilton Henderson Herndon

Hill Holley Howard Hudgins Jackson Kennedy Kidd Langford London McDuffie McGill Overby Parker Reynolds Riley

Rowan Salter Skene Smith Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Cox Garrard Holloway

Johnson Moore

Smalley Ward

On the motion, the ayes were 4, nays 45; the motion was lost, and HB 127 was not reconsidered.

Senator Skene of the 27th moved that the Senate reconsider its action of February 21, in defeating the following bill of the House:

HB 1764. By Mr. Brown of the 89th:
A bill to amend the "Georgia Criminal Justice Act", so as to create a Criminal Justice Commission of the State of Georgia.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Carter Cleland Coverdell Duncan Eldridge Hamilton

Herndon Holloway Howard Langford Overby Parker Rowan Salter

Skene Sutton Thompson Tysinger Wasden Webb Young

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Bell Broun of 46th Brown of 47th Coggin Doss Fincher Gillis Henderson Hill

Holley Hudgins Jackson Kennedy Kidd Lester London McDuffie McGill

Reynolds Riley Smith Starr Stephens Summers Warren Zipperer

Those not voting were Senators:

Cox Dean Garrard

Johnson Moore

Smalley Ward

On the motion, the ayes were 23, nays 26; the motion was lost, and HB 1764 was not reconsidered.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.

The following resolutions of the Senate were introduced, read the first time and referred to committees:

SR 430. By Senator London of the 50th:
A resolution authorizing each member of the Senate to serve as a Com mittee of one.
Referred to Committee on Senate Administrative Affairs.

SR 434. By Senator Moore of the 56th: A resolution creating the Land Assessment Study Committee.
Referred to Committee on Rules.

SR 435. By Senators Holley of the 22nd, Coggin of the 35th and Gillis of the 20th:
A resolution to amend SR 2.
Referred to Committee on Senate Administrative Affairs.

TUESDAY, FEBRUARY 26, 1974

2169

The following reports of standing committees were read by the Secretary:

Senator Overby of the 49th District, Chairman of the Committee on County and Urban Affairs, submitted the following report:
Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 736. Do pass. HB 1072. Do pass by substitute. HB 1714. Do pass as amended. HB 2030. Do pass as amended.
Respectfully submitted, Overby of 49th, Chairman.
Senator Johnson of the 38th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 41. Do pass by substitute. HR 678. Do pass. HB 1407. Do pass. HB 1572. Do pass. HR 476. Do pass.
Respectfully submitted, Johnson of 38th, Chairman.
Senator London of the 50th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu-

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JOURNAL OF THE SENATE,

tions 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 713. Do pass.

Respectfully submitted, London of 50th, Chairman.

Senator Stephens of the 36th District, Chairman of the Committee on Temperance, submitted the following report:
Mr. President:
Your Committee on Temperance has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1405. Do pass.
Respectfully submitted, Stephens of 36th, Chairman.

Senator Zipperer of the 3rd District, Chairman of the Committee on Uni versity System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System of Georgia has had under considera tion the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 1390. Do pass.
Respectfully submitted, Zipperer of 3rd, Chairman.

The following bills and resolutions of the House were read the second time:
HB 736. By Mr. Levitas of the 50th and others: A bill to amend an Act establishing districts in DeKalb County for members of the County Board of Education, so as to provide that mem-

TUESDAY, FEBRUARY 26, 1974

2171

bers of said Board shall be elected on a non-partisan basis by a majority of the qualified voters voting within their respective School Board Districts for terms of 4 years.

HB 1072. By Mr. Jordan of the 58th:
A bill to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County, so as to provide for five commissioner districts.

HB 1714. By Mr. Davis of the 56th:
A bill to provide for a Board of Registrations and Elections in certain counties (population not less than 250,000 and not more than 500,000).

HB 2030. By Mr. Horton of the 43rd and others:
A bill to amend an Act creating a new charter for the City of Atlanta, so as to authorize the city to negotiate and execute leases and other agreements with individuals, firms and Corporations whereby such individuals, firms or corporations shall have the right to regulate and control public streets, public alleys and ways and the usage thereof in the historic zone of the city.

HB 1390. By Mr. Moyer of the 99th and others:
A bill to designate certain members of the armed forces of the United States and their dependents as residents of Georgia for purposes of determination of tuition and fees at institutions of the University System of Georgia.

HB 1405. By Messrs. Petro of the 46th, Dean of the 54th and others:
A bill to provide that in all counties of this State having a population of not less than 400,000 nor more than 600,000, wherein the sale of alcoholic beverages, distilled spirits, malt beverages or wines is lawfully autho rized, such sales for consumption on the premises shall be authorized during certain hours.

HB 1407. By Mr. Larsen of the 27th:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty, so as to change the provisions relating to women; to amend Code Section 79-207, relating to citizenship rights of females, as amended, so as to change the provisions relating to rights and liabilities of females.

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JOURNAL OF THE SENATE,

HB 1572. By Messrs. Berlin of the 89th and Snow of the 1st:
A bill to amend Code Title 24, relating to courts, so as to create a new Code Chapter 24-47, relating to the transfer of justices and judges by consent; to provide for the service of Justices of the Supreme Court, Judges of the Court of Appeals, Judges of the superior Courts, Judges of the State Courts, Judges of the Juvenile Courts and justices emeritus and judges emeritus of the various courts in other courts within this State upon request and with their consent.

HR 41. By Messrs. Snow of the 1st and others:
A resolution proposing an amendment to the Constitution so as to provide for the terms of office, election, nomination and appointment of certain justices and judges.

HR 476. By Mr. Snow of the 1st and others:
A resolution proposing an amendment to the Constitution so as to provide for venue of civil actions respecting third-party practice.

HR 678. By Messrs. Hatcher, Hutchinson, Odom and Busbee of the 114th:
A resolution authorizing the State Librarian to furnish the new Judge of the Superior Court of the Dougherty Judicial Circuit with certain books.

The following resolutions of the Senate were read and adopted:

SR 392. By Senators Ballard of the 45th, London of the 50th and Holloway of the 12th:
A resolution urging the defeat of S. 2008 and H.R. 8771 presently pending in the Senate and House of Representatives of the United States Congress.

SR 411. By Senator London of the 50th : A resolution relative to the Georgia Industrial Institute at Alto, Georgia.

SR 416. By Senators Zipperer of the 3rd, Kennedy of the 4th, Riley of the 1st and others:
A resolution relative to the deplorable practices of the United States Congress.

TUESDAY, FEBRUARY 26, 1974

2173

SR 427. By Senator Gillis of the 20th:
A resolution urging the State of Georgia and the Department of Offender Rehabilitation to convey certain State-owned real property located in Montgomery County, Georgia.

SR 431. By Senator Cleland of the 55th: A resolution commending Mr. Keith Hartman.

SR 425. By Senator London of the 50th: A resolution expressing regrets at the passing of Judge Lamar N. Smith.

SR 432. By Senator Cleland of the 55th: A resolution commending Miss Elaine Evans.

SR 428. By Senator Coverdell of the 40th:
A resolution congratulating the Veterans of Foreign Wars on the occasion of its 75th anniversary.

SR 429. By Senator Broun of the 46th: A resolution expressing regret at the passing of H. A. Westervelt.

SR 433. By Senator Webb of the llth: A resolution commending Mrs. Christine Fitzgerald Hodnett.

The following resolutions of the House were read and adopted:

HR 713. By Mr. Connell of the 80th and others:
A resolution endorsing the establishment of a Georgia Hall of Fame at Augusta, Georgia.

HR 683. By Mr. Rainey of the 115th and others:
A resolution directing the Department of Natural Resources to investi gate the feasibility of assuming control of Lake Tobesofkee as a State Park.

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JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed and adopted by the requisite constitutional majority the following bills and resolutions of the Senate, to-wit:

SB 707. By Senator Salter of the 17th :
A bill to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation.

SB 645. By Senator Rowan of the 8th: A bill to amend an Act creating a Small Claims Court in each county in this State having a population of not less than 11,775 and not more than 12,100 according to the United States Census.
SB 648. By Senator Rowan of the 8th: A bill to amend an Act providing a new charter for the Town of Enigma, as amended, so as to change the method of electing the mayor and councilmen.

SB 658. By Senator Coggin of the 35th:
A bill to amend an Act known as "The Uniform Standards Code for Mobile Homes Act".

SB 602. By Senator London of the 50th:
A bill to amend Code Title 114, relating to Workmen's Compensation, as amended, so as to exclude fellow employees as third party tortfeasors.

SB 483. By Senator Fincher of the 54th:
A bill to amend an Act creating a State Board of registration for Used Car Dealers, so as to provide for the bonding of persons licensed there under.

SB 500. By Senator London of the 50th:
A bill to amend an Act known as the "Electric Membership Corporations Act", as amended.

TUESDAY, FEBRUARY 26, 1974

2175

SB 498. By Senators Gillis of the 20th, Zipperer of the 3rd and others:
A bill to amend Code Section 84-722, relating to dental college clinics, as amended.

SB 512. By Senators Rowan of the 8th and Eldridge of the 7th:
A bill to amend an Act entitled "An Act to provide for the creation of the office of district attorney emeritus".

SB 562. By Senators Lester of the 23rd and Doss of the 52nd:
A bill to amend Code Section 88-504.2, relating to admission of a mentally ill person to an emergency receiving facility, as amended.

SB 563. By Senators Lester of the 23rd and Doss of the 52nd:
A bill to amend Code Section 88-404.7, relating to admission of certain persons to emergency receiving facilities, so as to provide for custody and examination of persons appearing to be an alcoholic or drug dependent individual.

SB 564. By Senators Gillis of the 20th and Broun of the 46th:
A bill to amend an Act providing for grants to citizens of Georgia who are students attending colleges or universites in this State which are not branches of the University System of Georgia.

SB 558. By Senator Starr of the 44th:
A bill to amend an Act known as the "Georgia Proprietary School Act", as amended, so as to change the provisions relative to a certain exemp tion.

SB 528. By Senators Johnson of the 38th and Stephens of the 36th:
A bill to permit municipalities and counties which establish a planning department to establish a zoning review board under certain circum stances.

SB 485. By Senator Fincher of the 54th and others:
A bill to amend an Act creating the Public School Employees' Retire ment System, as amended, so as to authorize certain persons to be em ployed as public school employees, to become members and to establish prior service credits under the Retirement System.

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JOURNAL OP THE SENATE,

SB 489. By Senator Hamilton of the 26th and others:
A bill to provide for the payment of an expense allowance to jurors in lieu of compensation in the nature of a salary.

SB 494. By Senator Johnson of the 38th: A bill to amend Code Sections relating to carrying concealed weapons; carrying of deadly weapons at public gatherings; carrying pistols with out licenses.
SB 81. By Senator Stephens of the 36th: A bill to amend an Act authorizing the commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees.

SB 85. By Senator Stephens of the 36th: A bill to amend Code Section 26-1802, relating to theft by taking.
SR 78. By Senator Warren of the 43rd: A resolution relative to non-resident students and non-resident tempo rary workers.

SB 584. By Senator McGill of the 24th:
A bill to provide for the appointment of the County School Superinten dent of Wilkes County.

SB 608. By Senator Hudgins of the 15th:
A bill to amend an Act creating the Department of Public Safety, so as to provide for incentive pay increases for certain members.

SB 613. By Senator Fincher of the 54th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, so as to change certain definitions.

SB 634. By Senators London of the 50th and Kidd of the 2i5th:
A bill to amend Code Chapter 114-4, relating to the amount, computa tion and payment of compensation under the Workmen's Compensation Act so as to provide for additional benefits to dependents of firemen,

TUESDAY, FEBRUARY 26, 1974

2177

members of a rescue squad and law enforcement officers killed in the line of duty.

SB 649. By Senator Rowan of the 8th:
A bill to amend an Act to create the Council on Maternal Health, so as to change the name.

SB 659. By Senator Coggin of the 35th:
A bill to amend an Act entitled "An Act to Incorporate the City of Hapeville", so as to increase benefits for employees and widows of employees who retired.

SB 674. By Senators Coggin of the 35th and Garrard of the 37th: A bill to amend an Act creating the Board of Examiners of Practical Nurses, as amended, so as to provide for fees for examinations and licenses.
SB 700. 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.

SB 701. 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.

SB 706. By Senators Henderson of the 33rd and Moore of the 56th:
A bill to amend an Act creating the State Court of Cobb County, formerly known as the Civil and Criminal Court of Cobb County, so as to provide for an additional judge and for powers, duties, jurisdiction, privileges and compensation.

The House has agreed to the Senate amendment to the House substitute to the following bill of the Senate, to-wit:

SB 135. By Senator Smalley of the 28th: A bill to amend Code Title 24A, the Juvenile Court Code of Georgia,

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JOURNAL OF THE SENATE,

so as to provide for expenses of the judge of the juvenile court; to pro vide for renumbering certain sections and subsections of the Code.

The House has agreed to the Senate amendment as amended by the House to the following bill of the House, to-wit:

HB 1464. By Mr. Groover of the 75th:
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exclude from the terms "retail sale" and "sale at retail" as used in said Act, charges for transportation to certain private elementary and secondary schools in this State.

The House has agreed to the Senate substitute to the House substitute to the following bill of the Senate, to-wit:

SB 292. By Senators Lester of the 23rd and Holley of the 22nd:
A bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, so as to provide that felons over the age of thirteen may be sentenced into the custody of the Department of Offender Rehabilitation.

The House recedes from its position in disagreeing to the Senate amendment and agrees to the Senate amendment to the following bill of the House, to-wit:

HB 937. By Mr. Triplett of the lllth: A bill to fix the compensation of a certain official in certain counties.

The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
HB 1906. By Mr. Roach of the 8th and others: A bill to create a court to be known as "State Court of Cherokee and Forsyth Counties".

The House has agreed to the Senate substitutes to the following bills of the House, to-wit:

TUESDAY, FEBRUARY 26, 1974

2179

HB 1450. By Mr. McDonald of the 12th:
A bill to amend the Executive Reorganization Act of 1972, so as to authorize the Department of Public Safety to exercise jurisdiction over the drivers of motor vehicles operating as motor contract carriers or motor common carriers.

HB 1321. By Mr. Collins of the 122nd:
A bill to amend an Act relating to the sale of flue-cured leaf tobacco in this State, so as to further define the intent and purpose of said law.

HB 93. By Mr. Levitas of the 50th:
A bill to amend an Act providing that it shall be unlawful for any person to posses a firearm during the commission or attempt to commit a felony, so as to provide that it shall be unlawful for any person to possess certain knives during the commission or attempt to commit a felony.

HB 164. By Mr. Lambert of the 97th and others:
A bill to amend the Georgia Insurance Code, so as to add a new Code Section 59-322 prohibiting lending institutions and public Utilities, and their holding companies from engaging in selling insurance, with certain exceptions.

The House has agreed to the Senate amendments to the following bills and resolution of the House, to-wit:

HR 660. By Messrs. Dollar of the 63rd, Patterson and Bohannon of the 64th:
A resolution proposing an amendment to the Constitution so as to create the Douglasville-Douglas County Stadium Authority.

HB 992. By Mr. Marcus of the 26th:
A bill to amend Code Title 59, relating to juries, so as to provide for special purpose grand juries in certain counties.

HB 1104. By Mr. Cole of the 6th:
A bill to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to require dealers found to be delinquent or otherwise in default under the Act to furnish a good and valid bond in a surety com pany.

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JOURNAL OP THE SENATE,

HB 1291. By Mr. Carlisle of the 67th:
A bill to amend an Act known as the "Sedition and Subversive Activi ties Act of 1953", so as to change the provision relating to the written questionnaire.

HB 1614. By Messrs. Ellis of the 107th, Smith of the 74th and others:
A bill to provide definitions; to provide for a declaration of purpose; to create a Motor Vehicle Commission; to provide for the licensing of motor vehicle manufacturers, factory branches and divisions, factory representatives, distributors, distribution branches and divisions, dis tribution representatives, wholesalers, wholesaler's branches and di visions.

HB 1812. By Messrs. Sams of the 83rd and Miles of the 79th:
A bill to amend an Act abolishing the 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.

HB 1879. By Mr. Miles of the 79th and others:
A bill to provide for the continued existence of the public school system of the County of Richmond, and for its management and control.

HB 1880. By Messrs. Kreeger and Burruss of the 21st and others:
A bill to amend an Act providing for a new charter for the City of Marietta, so as to extend-the corporate limits of said city.

HB 2013. By Messrs. Wood, Whitmire and Williams of the 9th:
A bill to require all taxes due to the State on taxable property in Hall County, other than motor vehicles, and all taxes due to Hall County on taxable property in Hall County, other than motor vehicles, to be paid in two equal installments.

HB 2015. By Mr. Sams of the 83rd and others: A bill to amend an Act providing for the appointment of an associate judge for the State Courts in certain counties of this State, so as to repeal the provision creating the position of associate judge of such State Courts.
HB 2025. By Messrs, Coney, Brown, Berlin, Pinkston and Dickey of the 89th: A bill to create the Macon-Bibb County Urban Development Authority.

TUESDAY, FEBRUARY 26, 1974

2181

HB 2019. By Messrs. Matthews and Collins of the 122nd:
A bill to amend an Act establishing a new charter for the City of Moultrie, so as to provide that all municipal elections shall be held and con ducted in accordance with the provisions of Code Title 34A, the Georgia Municipal Election Code, as the same is now or hereafter amended.

HB 2033. By Mr. Jordan of the 58th and others: A bill to amend an Act creating a Board of Commissioners of DeKalb County, so as to provide that if any member of the Board of Commis sioners of DeKalb County shall qualify for nomination or election to any other elective office, his position of membership on the Board shall be vacated.
HB 1841. By Mr. Egan of the 25th: A bill to amend an Act known as the "Georgia Securities Act of 1973", so as to clarify certain provisions relating to the registration of securi ties.
The House has adopted the following resolutions of the Senate, to-wit:
SR 404. By Senator Lester of the 23rd and others: A resolution expressing appreciation for the dedicated public service of Mr. William S. Morris, III.
SR 407. By Senator Coggin of the 35th: A resolution commending Mr. Ray Moore.
The House insists on its position in substituting the following bill of the Senate, to-wit:
SB 450. By Senator Kidd of the 25th: A bill to require certain reflective materials upon certain bicycles.
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate, to-wit:
SB 506. By Senator Johnson of the 38th: A bill to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings.

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JOURNAL OP THE SENATE,

SB 412. By Senator Stephens of the 36th:
A bill to change the name of "The Fulton County Airport" to the "Charlie Brown County Airport".

SB 87. By Senator Stephens of the 36th:
A bill to amend Code Section 26-2610, by striking subsection A from said Code Section, in its entirety, and substituting another subsection A which prevents obscene words which tend to cause a fight, or deride, offend, or annoy a person or prevent him from pursuing his lawful business or occupation.

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 23. By Senator Tysinger of the 41st:
A bill to amend Code Chapter 26-15, relating to criminal damage to property, as amended, so as to provide for the crime of criminal use of an article with an altered identification mark.

SB 579. By Senator Thompson of the 32nd:
A bill to amend Code Section 32-942, relating to the keeping of school funds separate from other funds, so as to provide that said funds may be used for certain extracurricular activities.

SB 672. By Senator Starr of the 44th and others:
A bill to provide for an adequate program for education in Georgia; to provide for various services; to provide for grants to local units of administration for the operation of educational programs.

SB 704. By Senator Zipperer of the 3rd:
A bill to amend an Act creating the Georgia Higher Education Assistance Corporation so as to authorize the Corporation to request and obtain information and assistance relative to location, employment, income and property of persons indebted to the Corporation or for whom the Corpo ration has guaranteed student loans.

The following local, uncontested bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

TUESDAY, FEBRUARY 26, 1974

2183

HB 1502. By Mr. Adams of the 36th:
A bill to repeal an Act authorizing the commissioners of certain counties to create a Board of Examiners of Stationary Engineers and Firemen (Georgia Laws 1910, p. 112).

The report 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 1605. By Mr. Irvin of the 23rd:
A bill to amend an Act creating a new charter for the City of Roswell, so as to change the corporate limits of said city.

The report 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 1620. By Mr. Greer of the 43rd:
A bill to fix the salary of the Solicitor-General of the Criminal Court of Fulton County.

The report 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 1728. By Mr. Adams of the 36th:
A bill to repeal an Act establishing County Planning Commissions in certain counties.

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JOURNAL OP THE SENATE,

The Committee on County and Urban Affairs offered the following substitute to HB 1728:

A BILL

To be entitled an Act to repeal an Act establishing county planning commissions in certain counties, approved February 15, 1952 (Ga. Laws 1952, p. 2689), as amended, except for certain parts of such Act; to change the population feature of such Act; to require such counties to establish a planning commission under an Act approved March 13, 1957 (Ga. Laws 1957, p. 420); to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act establishing a county planning commission in certain counties, approved February 15, 1952 (Ga. Laws 1952, p. 2689), as amended, is hereby repealed in its entirety except for the provisions of an Act approved April 12, 1968 (Ga. Laws 1968, pp. 3769-3771), which Act is hereby expressly continued in full force and effect with respect to all counties having a population of more than 600,000 accord ing to the 1970 or any future United States Decennial Census.

Section 2. From and after the effective date of this Act, all counties having a population of more than 600,000 according to the 1970 or any future United States Decennial Census shall exercise all the planning, zoning and other authority made available by an Act approved 1957 (Ga. Laws 1967, p. 420), as amended, which authorized counties and municipalities to establish separate or joint planning com missions, and for other purposes, in strict accordance with the provision of such 1957 law except as otherwise provided in Section 2 of this Act.

Section 3. This Act shall become effective when it is approved by the Governor, or otherwise becomes the law.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 41, 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

TUESDAY, FEBRUARY 26, 1974

2185

HB 1669. By Mr. Cormell of the 80th:
A bill to amend an Act creating a merit system in Richmond County for the employees of Richmond County, so as to provide for the duties and functions of the merit system council.

The report 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 1762. By Mr. Lane of the 40th: A bill to amend an Act establishing a new charter for the City of East Point, so as to provide for a change in the functions and duties of the mayor and the City of East Point; and, to provide for the establishment and powers of a city manager.
The report 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 1819. By Mr. Alexander of the 39th: A bill to amend an Act creating the Joint City-County Board of Tax Assessors in certain counties (population of 300,000 or more), so as to provide for the method of arbitration of assessments made by the Joint Board of Tax Assessors and to further provide for appeals to the Superior Court from the decision of the arbitrators.
The report 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.

2186

JOURNAL OP THE SENATE,

HB 1982. By Mr. Smith of the 42nd:
A bill to amend an Act creating a new charter and municipal govern ment for the City of Fairburn, so as to change the maximum penalty to be imposed by the City of Fairburn's Recorder's Court.

The report 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 1983, By Mr. Smith of the 42nd:
A bill to amend an Act incorporating Union City, so as to change the date for holding elections for the office of Mayor and Council.

The report 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 2005. By Messrs. Dent of the 78th, Miles of the 79th, Sams of the 83rd and others:
A bill to amend the charter of the City of Augusta, incorporated as the Council of Augusta, so as to allow the members of council to succeed themselves in office.

The report 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.

TUESDAY, FEBRUARY 26, 1974

2187

HB 2009. By Messrs. Knight and Mullinax of the 65th:
A bill to amend an Act creating a new charter for the City of Franklin, so as to provide for the selection of the clerk and other employees by the mayor and council.

The report 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 2016. By Messrs. Sams of the 83rd, Miles of the 79th, Dent of the 78th and others:
A bill to amend an Act creating a Richmond County Board of Tax As sessors, so as to provide for the powers of said board; to provide for returns required by taxpayers.

The report 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 2021. By Mr. Russell of the 62nd:
A bill to reincorporate the City of Winder in the County of Barrow; to create a new charter for said city.

The report 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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HB 2031. By Mr. Tucker of the 69th:
A bill to amend an Act incorporating the City of Stockbridge in the County of Henry, so as to change the corporate limits of said city.

The report 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 2036. By Mr. Dixon of the 126th:
A bill to amend an Act changing the compensation of the sheriff and the ordinary of Charlton County from a fee system to a salary system, so as to change the provisions relative to deputy sheriffs.

The report 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 2038. By Mr. Castleberry of the 96th:
A bill to repeal an Act providing that in certain counties of this State the Clerk of the Superior Court shall attend the trial in the Court of Ordinary of all cases for violation of traffic laws within said counties.

The report 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.

TUESDAY, FEBRUARY 26, 1974

2189

HB 2067. By Mr. Groover of the 75th:
A bill to create a new board of commissioners of Jones County; to pro vide for the composition, powers and duties of said board and for the election of the members thereof.

The Committee on County and Urban Affairs offered the following amend ment to HB 2067:
Amend HB 2067 by striking in its entirety line 2 of Page 5 and substituting in lieu thereof the following:
"of each month. The".

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 2069. By Messrs. Waddle of the 98th and Moyer of the 99th:
A bill to amend an Act incorporating the City of Warner Robins, so as to change the corporate limits of said city.

The Committee on County and Urban Affairs offered the following substitute to HB 2069:
A BILL
To be entitled an Act to amend an Act incorporating the City of Warner Robins, approved March 5, 1943 (Ga. Laws 1943, p. 1624), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act incorporating the City of Warner Robins, ap-

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proved March 5, 1943 (Ga. Laws 1943, p. 1624), as amended, is hereby amended by striking in its entirety Section 2 and substituting in lieu thereof a new Section 2 to read as follows:

"Section 2. The corporate limits of said municipality shall em brace the following described territory:
BEGINNING at a point where the northerly right-of-way of Bargain Road is extended easterly to intersect with the westerly right-of-way of Georgia Highway No. 247; thence in a southerly direction along the westerly right-of-way of said highway to where said right-of-way intersects with the southerly line of Land Lot 241 of the Fifth Land District; thence in a westerly direction along the southerly line of Land Lots 241 and 223 to a point where the southerly line of Land Lot 223 intersects with the northerly exten sion of the east line of Lot 55 of Lyn Mar Park Subdivision; thence in a southerly direction crossing Crestview Drive and continuing along the easterly line of said lot to the southeast corner of said lot; thence in a westerly direction along the southerly line of said lot to the southwest corner of said lot; thence in a northerly direc tion along the westerly line of said lot to the southerly right-ofway of Crestview Drive; thence along the southerly right-of-way of Crestview Drive to the easterly line of Lot 58 of Lyn Mar Park Subdivision; thence in a southerly direction along the easterly line of said lot to the southeast corner of said lot; thence in a westerly direction along the southerly line of Lots 58, 59, 60, 61, 62 and 63 of said subdivision to the southwest corner of said lot 63; thence in a northerly direction along the westerly line of said lot to the southerly right-of-way of Crestview Drive and continuing in a northerly direction along the northerly extension of said lot line to the southerly line of Land Lot 223; thence in a westerly direc tion along the southerly line of Land Lots 223, 220 and 197 to a point where the southerly line of Land Lot 197 intersects with the northeasterly right-of-way of Booth Road; thence in a southeast erly and then easterly, direction along the northeasterly and north erly right-of-way of said road to the westerly right-of-way of Georgia Highway No. 247; thence in a southerly direction along the westerly right-of-way of said Highway crossing Sandy Run Creek to a point where the southerly property line of the City of Warner Robins property intersects therewith; thence in a westerly direction along the southerly line of said property to a point where the easterly line of Land Lot 18 of the llth Land District inter sects therewith; thence in a northerly direction along the easterly line of Land Lots 18 and 17 of said district to the run of Sandy Run Creek; thence in a generally westerly direction along the run of said Creek to the westerly right-of-way of the Southern Railroad (formerly G.S.&F. Railroad); thence along the westerly right-ofway of said railroad to the southerly right-of-way of Booth Road; thence in a westerly and then northwesterly direction along the southerly and southwesterly right-of-way of said road to the south erly line of Land Lot 197; thence in a westerly direction along the southerly line of said Land Lot 197 to the easterly right-of-way of Moody Road (formerly Pagan Mill Road); thence in a southerly direction along the easterly right-of-way of said Road to the north westerly corner of Lot 10 of Perdue Subdivision; thence in an east erly direction along the northerly line of Lot 10 of said subdivision

TUESDAY, FEBRUARY 26, 1974

2191

to the northeasterly corner of said lot; thence in a southerly direc tion along the easterly lines of Lots 10 and 11 of said subdivision to the southeasterly corner of Lot 11 of said subdivision, said point also being the northeast corner of Land Lot 256 of the Tenth Land District; thence in a southerly direction along the easterly line of said Land Lot 256 to the southerly right-of-way of Sandy Run Road; thence in a westerly direction along the southerly right-of-way of said road to a point where easterly right-of-way of Moody Road intersects therewith; thence in a southerly direction along the east erly right-of-way of said road to a point where the southerly rightof-way of Peagin (Fagan) Mill Road extended in an easterly direc tion intersects therewith; thence in a westerly direction along the southerly right-of-way of Feagin (Fagan) Mill Road to a point 400 ft. westerly of the westerly right-of-way of Bonanza Drive; thence S 01 05' 31" E for 1705.33 ft. to a point; thence S 01 01' 32" E for 406.3 ft. to a point; thence S 35 53' 20" W for 1799.79 ft. to a point; thence S 18 30' 15" W for 293.32 ft. to a point; thence S 0 36' 45" E for 59.9 ft. to a point; thence S 89 09' 32" W for 139.37 ft. to a point; thence S 0 48' 32" E for 377.96 ft. to a point; thence S 88 10' 59" W for 715.7 ft. to a point; thence S 89 11' 01" W for 2881.6 ft. to a point on the easterly right-of-way of Kersey Road; thence N 2 42' W along the easterly right-of-way of said road for 2919.5 ft. to a point; thence N 88 34' 30" E for 1905.2 ft. to a point; thence N 3 12' 30" W for 1257.3 ft. to a point on the southerly right-of-way of Feagin (Fagan) Mill Road; thence N 3 12' 30" W crossing said road to a point on the northerly rightof-way of said road; thence in an easterly direction along the northerly right-of-way of said road to a point where the south westerly line of Georgia Power Co. property in Land Lot 226 of the Tenth District intersects therewith; thence in a northwesterly direc tion along the southwesterly line of said Georgia Power Co. prop erty to a point on the easterly line of Land Lot 193 of the Tenth Land District; thence in a southerly direction along the easterly line of said land lot to the run of Sandy Run Creek; thence in a generally westerly direction along the run of said creek to a point where the run of Howard Branch intersects therewith; thence in a generally northwesterly direction along the run of said branch to a point where the southerly line of Land Lot 144 of the Fifth Land District intersects therewith; thence in an easterly direction along the southerly line of said Land Lot 144 to the southeast corner of said Land Lot 144; thence in a northerly direction along the easterly line of said Land Lot 144 to a point on the southerly right-of-way of Watson Road; thence in a westerly and then northwesterly direc tion along the southerly and then southwesterly right-of-way of said road to a point where the easterly line of the Southside Church of God property intersects therewith; thence S 0 07' 30" W for 361.48 ft. to a point; thence N 35 26' 30" W for 609.23 ft. to a point; thence N 54 33' 30" E for 210 ft. to a point on the southwesterly right-of-way of Watson Road; thence N 35 26' 30" W along the right-of-way of said road for 404.4 ft. to a point; thence S 54 33' 30" W for 165 ft. to a point; thence N 35 26' 30" W for 40 ft. to a point; thence N 26 29' E for 85 ft. to a point; thence N 54 33' 30" E for 80 ft. to a point on the southwesterly right-of-way of Watson Road; thence N 35 26' 30" W along the right-of-way of said road
to a point where the southerly right-of-way of Corder Road inter
sects therewith; thence S 89 58' 30" W along the southerly right-

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JOURNAL OP THE SENATE,

of-way of said road for 1149.99 ft. to a point; thence S 0 44' 16" W for 1037.93 ft. to a point; thence N 89 58' 30" E for 1183.07 ft. to a point; thence S 0 02' 18" W for 116.46 ft. to a point; thence S 0 04' 08" W for 1612.57 ft. to a point; thence N 89 42' W for 19.55 ft. to a point; thence S 89 47' 53" W for 1313.85 ft. to a point; thence N 0 44' 16" E for 2771.23 ft. to a point on the southerly right-ofway of Corder Rd.; thence in a westerly direction along the south erly right-of-way of Corder Road to the northeast corner of Lot 4, Block 'B' of the Westwood Subdivision; thence in a southerly direction to the southeast corner of Lot 4, Block 'G' of said sub division; thence in a westerly direction to the southwest corner of Lot 1, Block 'G' of said subdivision, being a point on the north easterly right-of-way of Houston Lake Blvd.; thence in a northwest erly direction along said right-of-way to a point on the westerly line of Land Lot 142 of the 5th Land District; thence in a northerly direction along the westerly line of said Land Lot 142 to the south erly right-of-way of Corder Road; thence continuing in a northerly direction across said road to the northerly right-of-way of said road; thence in an easterly direction along the northerly right-ofway of said road to a point of intersection where said road runs in a northerly direction; thence in a generally northerly direction along the westerly right-of-way of Corder Road to a point 133.05 feet southerly of the intersection of a line running 350 feet westerly and parallel to the easterly line of Land Lot 147 of said district which intersects with said right-of-way; thence N 8 23' 30" E for 199.89 ft. to a point; thence N 86 23' 50" W for 45.75 ft. to a point; thence S 58 57' W for 1711.14 ft. to a point; thence S 81 15' 05" W for 1095'.78 ft. to a point; thence S 0 55' W for 215.3 ft. to a point; thence S 89 33' W crossing Nelson Drive for 1045.81 ft. to a point; thence S 67 27' 40" W for 269.52 ft. to a point; thence N 85 34' 40" W for 195.76 ft. to a point; thence S 85 27' 30" W for 216.63 ft. to a point; thence N 57 18' 20" W for 336.09 ft. to a point; thence N 80 13' W for 177.58 ft. to a point; thence N 42 59' 30" W for 163.19 ft. to a point; thence N 53 13' W for 264.70 ft. to a point; thence N 80 25' W for 287.99 ft. to a point; thence N 89 30' 20" W for 129.32 ft. to a point; thence N 89 27' 50" W for 290.86 ft. to a point at the easterly end of Amanda Place; thence S 0 32' 10" W for 17.5 ft. to a point being on the easterly extension of the southerly right-of-way of Amanda Place; thence N 89 27' 50" W along the southerly right-of-way of said street for 642.58 ft. to a point; thence N 0 32' 10" E for 50 ft. to a point on the northerly right-of-way of said street; thence S 89 27' 50" E along the rightof-way of said street for 112.23 ft. to a point; thence N 34 42' 40" W for 189.10 ft. to a point; thence N 0 26' 30" E for 95.57 ft. to a point on the southerly line of Security Services, Inc. property; thence in a westerly direction along the southerly line of said prop erty to a point on the easterly right-of-way of Houston Lake Boule vard; thence in a generally northerly direction along the easterly right-of-way of said boulevard to a point where the southerly rightof-way of Watson Boulevard intersects therewith; thence in an easterly direction along the southerly right-of-way of Watson Boulevard to the northeast corner of Security Services, Inc. prop erty; thence in a southerly direction along the easterly line of said property to the southeast corner of said property thence in a westerly
direction along the southerly line of said property for 915.49 ft. to
a point; thence S 0 26' 30" W for 90.79 ft. to a point; thence S

TUESDAY, FEBRUARY 26, 1974

2193

34 42' 40" E for 189.35 ft. to a point on the northerly right-of-way of Amanda Place; thence in an easterly direction along the northerly right-of-way of said street for 515.2 feet to a point at the end of said street; thence S 0 32' 10" W for 17.5 ft. to a point; thence S 89 27' 50" E for 290.86 ft. to a point; thence S 89 30' 20" E for 130.46 ft. to a point; thence S 80 25' E for 392.86 ft. to a point; thence S 53 13' E for 269.67 ft. to a point; thence S 42 59' 30" E for 159.48 ft. to a point; thence S 80 13' E for 175.58 ft. to a point; thence S 57 18' 20" E for 334.07 ft. to a point; thence N 85 27' 30" E for 212.76 ft. to a point; thence S 85 34' 40" E for 193.34 ft. to a point; thence N 67 27' 40" E for 308.74 ft. to a point; thence N 89 33' E for 997.48 ft. to a point on the easterly right-of-way of Nelson Drive; thence N 0 55' E along the easterly right-of-way of Nelson Drive for 198.31 ft. to a point; thence N 81 15' 05" E for 1105.48 ft. to a point; thence N 58 57' E for 1712.86 ft. to a point; thence S 86 23' 50" E for 51.69 ft. to a point; thence N 8 23' 30" E for 93.86 ft. to a point; thence South 89 degrees 59 minutes West for 605.53 feet to a point; thence North 0 degrees 01 minute West for 450 feet to a point; thence North 89 degrees 59 minutes East for 632.49 feet to a point being 350 feet westerly of the easterly line of said Land Lot 147; thence in a northerly direc tion parallel and 350 feet westerly of the easterly lines of Land Lots 147, 148 and 149 of 5th Land District to the southerly right-ofway of Centerville-Elberta Road; thence in a westerly direction along the southerly right-of-way of said road to a point where the southerly extension of the westerly right-of-way of Bateman Road intersects therewith; thence in a northerly direction along the westerly right-of-way of Bateman Road to a point 1411.29 feet southerly of the intersection of the westerly right-of-way of Bate man Road with the southerly right-of-way of Dunbar Road; thence South 89 degrees 41 minutes 30 seconds West for 1309.40 feet to a point; thence South 89 degrees 16 minutes 30 seconds West for 706.91 feet to a point; thence South 89 degrees 36 minutes 30 seconds West for 974.66 feet to a point; thence North 0 degrees 47 minutes 40 seconds East for 869.59 feet to a point; thence South 89 degrees 59 minutes East for 765 feet to a point; thence North 3 degrees 01 minute East for 555.65 feet to a point on the southerly right-of-way of Dunbar Road; thence in an easterly direction along the southerly right-of-way of Dunbar Road for 2286.35 feet to the intersection of the easterly right-of-way of Bateman Road and the southerly right-of-way of Dunbar Road; thence in a southerly direction along the easterly right-of-way of Bateman Road to a point 754.09 feet northerly of the northerly line of Land Lot 150 of 5th Land District; thence South 88 degrees 50 minutes East for 743.2 feet to a point; thence South 88 degrees 42 minutes 56 seconds East for 1479.1 feet to a point; thence South 88 degrees 57 minutes 30 seconds East for 655.85 feet to a point on the westerly line of Land Lot 162 of Fifth Land District; thence in a southerly direc tion along the westerly line of said Land Lot 162 to the Northwest corner of Land Lot 163; thence along the northerly line of said Land Lot 163 to the westerly right-of-way of North Houston Road; thence in a northerly direction along the westerly right-of-way of said road to the southerly right-of-way of Dunbar Road; thence in an easterly direction along the southerly right-of-way of said Dunbar
Road for 100 feet to a point; thence in a southerly direction along
the easterly right-of-way of North Houston Road to the southerly

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JOURNAL OF THE SENATE,

line of Land Lot 176; thence in an easterly direction along the southerly line of said Land Lot 176 for 1470 feet to a point; thence North 0 degrees 53 minutes 30 seconds East for 430 feet to a point; thence South 89 degrees 49 minutes East for 387.3 feet to a point; thence North 25 degrees 37 minutes 30 seconds East for 355.95 feet to a point; thence North 64 degrees 22 minutes 30 seconds West for 210 feet to a point; thence North 25 degrees 37 minutes 30 seconds East for 702.3 feet to a point on the southerly right-of-way of Greenbriar Road; thence in a westerly direction along the southerly right-of-way of Greenbriar Road to the Northeast corner of Lot 1, Block 'E' Greenbriar Subdivision; thence South 13 degrees 58 minutes 30 seconds West for 72.75 feet to a point; thence South 68 degrees 15 minutes West for 137.2 feet to a point; thence North 55 degrees 05 minutes West for 190.05 feet to a point; thence North 89 degrees 44 minutes West for 527.65 feet to a point; thence North 55 degrees 05 minutes West for 451.98 feet to a point; thence North 0 degrees 59 minutes East for 368.48 feet to a point; thence North 34 degrees 55 minutes East for 144.28 feet to a point on the south westerly right-of-way of Greenbriar Road; thence North 55 degrees 05 minutes West along said right-of-way for 134.45 feet to a point; thence North 34 degrees 55 minutes East for 190 feet to a point; thence N 0 19' 30" E for 821.92 feet to a point; thence S 89 40' 30" E for 330 feet to a point; thence S 0 19' 30" W for 270 feet to a point; thence South 89 degrees 40 minutes 30 seconds East for 330 feet to a point; thence South 0 degrees 19 minutes 30 seconds West for 14.59 feet to a point; thence South 89 degrees 37 minutes East for 580 feet to a point; thence South 0 degrees 19 minutes 30 seconds West for 1442.35 feet to a point on the northerly right-ofway of Greenbriar Road; thence South 89 degrees 44 minutes East along the northerly right-of-way of Greenbriar Road to the north westerly right-of-way of Elberta Road; thence in a generally northeasterly direction along the northwesterly right-of-way of said road to a point where the easterly line of Land Lot 187 intersects therewith; thence in a southerly direction along the easterly line of said Land Lot 187 and crossing Elberta Road to the southeast corner of said Land Lot 187; thence in an easterly direction along the northerly line of Land Lot 203 to the westerly right-of-way of North Davis Drive; thence continuing along an easterly extension of said line crossing said road to a point on the easterly side of said road; thence in a southerly direction along the easterly right-ofway of said road to a point where the northerly right-of-way of Bargain Road intersects therewith; thence in an easterly direction along the northerly right-of-way of Bargain Road to a point where the easterly extension of said right-of-way intersects the westerly right-of-way of Georgia Highway No. 247, said point being the point of beginning.
Excepted from the aforesaid described property is all that tract or parcel of land being in Land Lot 169, 170 and 195 of the Fifth Land District as follows: beginning at a point being the intersection of the westerly right-of-way of Moody Road and the southerly right-of-way of Watson Road; thence in a westerly direction along the southerly right of way of Watson Road to a point 410 feet easter ly of the westerly line of Land Lot 195 of the Fifth Land District; thence S 0 24' W for 622.29 ft. to a point; thence N 89 41' 30" W for 350 ft. to a point; thence N 0 24' E for 622.29 ft. to a point on

TUESDAY, FEBRUARY 26, 1974

2195

the southerly right-of-way of Watson Road; thence in a westerly direction along the southerly right-of-way of Watson Road to a point where the southerly right-of-way of Watson Road intersects with the westerly right-of-way of Burns Drive; thence in a souther ly direction along the westerly right-of-way of Burns Drive to the southeast corner of Lot 3, Block 'C', Section No. 3, Sonja Heights Subdivision; thence in a westerly and thence southerly direction along the rear lines of Lots 3, 2, 26, 25, 24, 23, 22, 21, 20, 19, 18 and 17, Block 'C' of said subdivision to a point on rear line of said Lot 17 and being 40 feet southerly of rear adjoining corners of said Lots 17 and 18; thence in a southerly direction along the southerly extension of rear lines of said Lots 17 and 18 to the southerly rightof-way of Rusty Road; thence in a westerly, then generally north westerly and then northerly direction along the southerly, south westerly, and westerly right-of-way of Rusty Road to the southerly right-of-way of Watson Road; thence in a westerly direction along the southerly right-of-way of said road for a distance of 350 feet to a point; thence in a southerly direction to the rear corner of Lots 17 and 18, Block 'A', of Section No. 2, Sonja Heights Subdivision; thence in an easterly direction along the rear lot lines of Lots 17, 16 and 15 of said Block to a point 40.19 feet easterly of the rear corner of Lots 15 and 16 of said Block; thence in a southeasterly and then southerly direction of the northeasterly and easterly line of Lot 15 of said Block to the southeast corner of Lot 15 of said Block; thence continuing in a southerly direction across Cheryl Blvd. to a point on the southerly right-of-way of Cheryl Blvd.; thence in an easterly direction along the southerly right-of-way of Cheryl Blvd. to the northwest corner of Lot 1, Block 'F' of Section No. 1, Sonja Heights Subdivision; thence in a southerly direction along the westerly line of Lot 1 of said Block 'F' for 109.67 feet to a point; thence in a generally southerly direction along the rear lines of Lots 2 thru 16 of said Block 'F' to the rear corner of Lots 16 and 31 of said Block 'F'; thence continuing along the rear lines of Lots 31, 32 and 42 of said Block 'F' to the rear corner of Lots 42 and 43 of said Block 'F'; thence in a southerly direction along the westerly side line of Lot 43 of said Block 'F' for 120 feet to the right-of-way of Randy Circle; thence in a southerly direction crossing Randy Circle to the southerly right-of-way of said street to the front corner of Lots 43 and 44, Block 'G' of said subdivision; thence in a southerly direction along the westerly line of Lot 44 of said Block for 146.47 feet to a point common to Lots 43, 44 and 45 of said Block; thence in a westerly direction along the line between Lots 43 and 45 of said Block to the rear corner of Lots 43 and 45; thence in a southerly direction along the rear lines of Lots 45, 46, 47, 48, 49, 50 and 51, of said block to the southwest corner of Lot 51 of said block; thence continuing in a southerly direction along the extension of the rear lines of Lots 50 and 51 of said block to a point on the southerly line of Land Lot 169 of the 5th Land District; thence in an easterly direction along the southerly line of Land Lots 169, 170 and 195 of the Fifth Land District to the westerly right-ofway of Moody Road; thence in a northerly direction along the westerly right-of-way of said road to the southeasterly corner of the Seventh Day Adventist Church property; thence in a westerly direc tion along the southerly line of said property to the southwest
corner of said property; thence N 0 32' E for 590.91 feet to a
point; thence S 89 35' 30" E for 700.2 ft. to a point on the westerly

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right-of-way of Moody Road; thence in a northerly direction along said right-of-way to point of beginning."

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 41, 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 2042. By Messrs. McDonald of the 12th and Irvin of the 10th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Banks County into the office of Tax Commissioner of Banks County.

The report 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 2059. By Mr. Ross of the 72nd:
A bill to amend an Act creating a Commissioner of Warren County, so as to change the provisions relative to the compensation of the com missioner.

The report 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.

TUESDAY, FEBRUARY 26, 1974

2197

The bill, having received the requisite constitutional majority, was passed.

HB 2075. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act placing certain of the county officers of Ware County upon an annual salary, so as to change the compensation of the sheriff and ordinary of Ware County.

The Committee on County and Uban Affairs offered the following substitute to HB 2075:
A BILL
To be entitled an Act to amend an Act placing certain of the county officers of Ware County upon an annual salary, approved March 16, 1961 (Ga. Laws 1961, p. 2465), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2720), so as to change the compensa tion of the sheriff and ordinary of Ware County; to provide for certain additional deputies and automobiles for the sheriff; to provide an ef fective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act placing certain of the county officers of Ware County upon an annual sa'ary, approved March 16, 1961 (Ga. Laws 1961, p. 2465), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2720), is hereby amended by striking from Section 2 the following:
"eleven thousand five hundred ($11,500.00)"
and substituting in lieu thereof the following:
"$13,900",
so that when so amended Section 2 shall real as follows:
"Section 2. The Sheriff of the City Court of Waycross and the Superior Court of Ware County (hereinafter in this Act referred to as the sheriff) shall be paid a salary of $13,900 per annum."
Section 2. Said Act is further amended by striking from Section 4 the following:
"nine thousand two hundred dollars ($9,200.00)" and substituting in lieu thereof the following:
"$10,600.00",

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so that when so amended, Section 4 shall read as follows:
"Section 4. The Ordinary of Ware County shall be paid a salary of $10,600.00 per annum."
Section 3. Said Act is further amended by adding a new Section thereto, to be designated Section 10A, to read as follows:
"Section 10A. In addition to the number of deputies and auto mobiles authorized for the sheriff under the provisions of Section 10 on January 1, 1974, there are hereby authorized an additional three (3) deputies and two automobiles. Such additional deputies shall receive such salary as is otherwise established by the com mission for deputies. The salary of such additional deputies and the expenses of such additional automobiles, and the maintenance there of, shall be paid from county funds."
Section 4. 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 5. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 41, nays 0, and the 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 2078. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the board of commissioners of Ware County, so as to change the compensation of the chairman of the board.

The Committee on County and Urban Affairs offered the following substi tute to HB 2078:
A BILL
To be entitled an Act to amend an Act creating the board of com missioners of Ware County, approved April 15, 1963 (Ga. Laws 1963, p. 2237), as amended, particularly by an Act approved February 27, 1970

TUESDAY, FEBRUARY 26, 1974

2199

(Ga. Laws 1970, p. 2224), so as to change the compensation of the chair man of the board; 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 the board of commissioners of Ware County, approved April IB, 1963 (Ga. Laws 1963, p. 2237), as amended, particularly by an Act approved February 27, 1970 (Ga. Laws 1970, p. 2224), is hereby amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows:

"Section 9. The chairman of the board of commissioners shall receive an annual salary of $12,200.00. The board of commissioners shall fix the compensation of each of the other members of the board in an amount not less than $600.00 per annum and not more than $3,000.00 per annum. The salary of the chairman and the compensa tion of the other members of the board as fixed by the board shall be paid in equal monthly installments from the funds of Ware County. The board of commissioners shall fix the compensation of the chairman and each of the other members of the board by majority vote at their first meeting after the effective date of this Act and at their first meeting in each calendar year and at no other time."

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 41, 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 2074. By Messrs. Howard of the 19th, McDaniell, Nix of the 20th and others: A bill to amend an Act creating the Board of Commissioners of Cobb

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County, so as to change the provisions relating to districts for the elec tion of commissioners.

The report 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 2079. By Messrs. Harris, Roach and Thomason of the 8th:
A bill to amend an Act placing the coroner of Bartow County upon an annual salary, so as to change the compensation of the coroner.

The report 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 2080. By Messrs. Harris, Roach and Thomason of the 8th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the mileage allowances of the sheriff of Bartow County.

The report 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 1519. By Mr. Greer of the 43rd: A bill to amend an Act entitled "An Act to provide in Fulton County a

TUESDAY, FEBRUARY 26, 1974

2201

system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to provide for preservation of certain pension benefits by postponing the date for com mencement of such benefits.

The Committee on County and Urban Affairs offered the following substitute to HB 1519:
A BILL
To be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes," approved February 2, 1945 (Ga. Laws 1945, p. 528), as amended, so as to provide additional pension benefits; to provide deferred pension benefits to those persons leaving the employment of said Board of Education after completing twenty (20) years of active service and upon subsequently attaining the age of sixty-five (65) years; to provide for benefits to the beneficiaries of such person upon such person's death; to authorize such person to continue under the various amendments to this Act upon reemployment with such Board of Education; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes," approved February 2, 1945 (Ga. Laws 1945, p. 528), as amended, is hereby amended by adding at the end of said Act a new Section, to read as follows:
"When any person coming within the provisions of this Act, as amended, shall have completed twenty (20) years of active serv ice with the Fulton County Board of Education and not yet have reached the age of sixty-five (65) years, then such person shall have the right to terminate his employment with the Fulton County Board of Education upon completion of said twenty (20) years, or at any time thereafter; elect not to withdraw or have paid to such person the amount which such person would have paid into the pension fund prior to terminating such employment; and upon subsequently attaining sixty-five (65) years of age commence to receive at said time the benefits to which such person would have been entitled had such person otherwise retired as a matter of right in accordance with the applicable provisions of this Act, as amended.
Should such person have provided for the payment of a pension to the beneficiary of such person, as authorized by said Act, as amended, by making the required payments or contributions to the pension fund, then after terminating the employment with the Fulton County Board of Education and upon the death of such person, either before or after attaining sixty-five (65) years of

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JOURNAL OF THE SENATE,

age, such person's beneficiary designated under the terms of this Act, as amended, shall be entitled to all of the benefits provided for such beneficiary as set forth in the relevant and applicable Sections of this Act, as amended.

Should such person, after having left the employment with the Fulton County Board of Education after twenty (20) years of active service, become reemployed by the Fulton County Board of Educa tion, then such person at such time shall have the right to continue under the provisions of the amendments to said Act which such person was under prior to the termination of such employment, or may elect to come under any amendments to said Act enacted sub sequently to the termination of such person's employment and as might exist and be in effect at the time of said reemployment, upon there being made such payments or contributions to the pen sion fund, through deductions from salary or otherwise, as might be required by said Act, as amended."

Section 2. 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, subection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby de clares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Section 4. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law.

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 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.

TUESDAY, FEBRUARY 26, 1974

2203

HB 2081. By Messrs. Twiggs and Colwell of the 4th:
A bill to reincorporate the City of Dillard in the County of Rabun; to create a new charter for said city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2086. By Messrs. Toles of the 16th, Adams of the 14th and Lowrey of the 15th:
A bill to amend an Act to reincorporate the City of Cave Spring in the County of Floyd, so as to provide for councilmen to be elected to seats on the city council.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2088. By Mr. Ross of the 72nd:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County, so as to change the salary of the Chairman of the Board of Commissioners.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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HB 2089. By Messrs. Pinkston, Dickey, Berlin of the 89th and others:
A bill to be entitled an Act to amend an Act reenacting the Charter of the City of Macon, so as to provide that title and possession of all property and assets, real and personal, under the control or jurisdiction of the Board of Water Commissioners of the City of Macon, or utilized by the Board of Water Commissioners in its water and sanitary sewer age activities whether title thereto is vested in the Board of Water Commissioners or in the City of Macon, be transferred, assigned, con veyed and delivered to the Macon-Bibb County Water and Sewerage Authority.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2090. By Messrs. Castleberry of the 96th and Edwards of the 95th: A bill to provide for the salary of the Sheriff of Chattahoochee County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 2091. By Mr. Castleberry of the 96th: A bill to abolish the present mode of compensating the Clerk of the Superior Court of Webster County, known as the fee system; to pro vide in lieu thereof an annual salary.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes 41, nays 0.

TUESDAY, FEBRUARY 26, 1974

2205

The bill, having received the requisite constitutional majority, was passed.

HB 2092. By Mr. McDonald of the 12th:
A bill to amend an Act incorporating the Town of Braselton in the County of Jackson, so as to authorize the Town of Braselton to contract for the purchase of utility services for the purpose of the resale of such services.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 2093. By Messrs. Mason of the 59th and Wall of the 61st: A bill to amend an Act incorporating the City of Snellville, so as to change the provisions relative to filling vacancies.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2094. By Messrs. Lewis and McCracken of the 77th, Lane and Nessmith of the 76th:
A bill to amend an Act abolishing the present mode of compensating the Tax Commissioner of Burke County, so as to change the compen sation provisions relating to the tax commissioner.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes 41, nays 0.

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The bill, having received the requisite constitutional majority, was passed.

HB 2095. By Messrs. Brown of the 67th, Johnson and Bailey of the 68th and Carlisle of the 67th:
A bill to amend an Act abolishing the fee system of compensation for the Clerk of Superior Court of Fayette County and providing an annual salary, so as to change the compensation of the clerk of the superior court.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 2096. By Messrs. Strickland and Harrison of the 116th: A bill to amend an Act creating the Board of Commissioners of Wayne County, so as to change the compensation of the members of said board.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2097. By Messrs. Larsen and Jessup of the 102nd: A bill to amend an Act creating a new charter for the City of Dublin, so as to delete therefrom the requirement that property be returned in the city for taxation.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes 41, nays 0.

TUESDAY, FEBRUARY 26, 1974

2207

The bill, having received the requisite constitutional majority, was passed.

HB 2098. By Messrs. Strickland and Harrison of the 116th: A bill to amend an Act establishing a Small Claims Court for Appling County, so as to change the term of office of judges of said court.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2099. By Mr. Lambert of the 97th:
A bill to amend an Act creating a new charter for the City of Madison, so as to change the provisions relating to the election of the mayor and councilmen.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2101. By Messrs. Triplett of the lllth, Chance of the 112th, Gignilliat of the 105th and others:
A bill to amend an Act establishing a new charter for Garden City, so as to extend the corporate limits of said city and annex and incorporate certain additional land into said city.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes 41, nays 0.

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JOURNAL OP THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 2102. By Messrs. Colwell and Twiggs of the 4th:
A bill to provide that it shall be unlawful to hunt or trap or attempt to hunt or trap wild animals in Fannin, Union and Towns Counties by the use of steel traps or other devices left unattended when such traps or devices could injure, harm or endanger domestic or farm animals.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2103. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act changing the Sheriff and Clerk of Superior Court of Dodge County from a fee system to the salary system of com pensation, so as to change the title of the deputy sheriff charged with certain duties relating to taxation to the special deputy sheriff and clerk.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2104. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act creating the office of Commissioner of Dodge County, so as to change the provisions relating to the compensation of the Clerk of the Commissioner of Dodge County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 26, 1974

2209

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 2087. By Mr. Karrh of the 91st:
A bill to amend an Act placing the Sheriff of Jenkins County on a salary, so as to change the compensation provisions relating to the deputy sheriff.

The Committee on County and Urban Affairs offered the following substitute to HB 2087:
A BILL
To be entitled an Act to amend an Act placing the Sheriff of Jenkins County on a salary, approved February 28, 1966 (Ga. Laws 1966, p. 2158), as amended, particularly by an Act approved April 5, 1971 (Ga. Laws 1971, p, 3042), so as to change the status of the deputy sheriff; to change the compensation provisions relating to such officer; to provide for an additional deputy; to provide for funding; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act placing the Sheriff of Jenkins County on a salary, approved February 28, 1966 (Ga. Laws 1966, p. 2158), as amended, particularly by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3042), is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. The sheriff shall have the authority to appoint one chief deputy who shall receive an annual salary of not less than $6,000.00 nor more than $7,200.00, the exact amount to be determined by the sheriff with the approval of the governing authority of Jenkins County, said salary to be payable in equal monthly installments from the funds of Jenkins County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person who shall be em ployed as chief deputy, and to prescribe his duty and assignment, and to remove or replace any such chief deputy at will and within his sole discretion."
Section 2. Said Act is further amended by adding, immediately fol lowing Section 5, a new Section to be designated Section 5A to read as follows:
"Section 5A. Upon the approval of the governing authority of Jenkins County, the sheriff shall have the authority to appoint

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an additional deputy who shall receive an annual salary of not less than $4,800.00 nor more than $7,200.00, the exact amount to be determined by the sheriff with the approval of the governing au thority of Jenkins County, said salary to be payable in equal monthly installments from the funds of Jenkins 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.

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 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 2105. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act changing the compensation of the Ordinary of Dodge County from the fee and salary system to the salary system ex clusively, so as to change the provisions relating to the compensation of the clerk of the ordinary.

The report 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 2106. By Messrs. Coleman, Larsen and Jessup of the 102nd:
A bill to amend an Act creating the office of the Tax Commissioner of Dodge County, so as to authorize the tax commissioner to employ two clerks.

TUESDAY, FEBRUARY 26, 1974

2211

The report 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 1520. By Mr. Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to change the formula for reduction of the amount of dependent benefits in certain cases.

The report 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 1521. By Mr. Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to clarify the public school, college or university service which is entitled to be considered as "prior service" and to include in the definition of "prior service" service rendered as a teacher in American Departments' Schools.

The report 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 2027. By Mr. Tucker of the 69th: A bill to authorize the Board of Commissioners of Henry County to

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assess and collect license fees upon certain business activities conducted within Henry County.

The report 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 1666. By Mr. Connell of the 80th:
A bill to amend an Act entitled "An Act to create a Board of Commis sioners for Roads and Revenues for the County of Richmond", so as to provide for a clerk and an attorney for the board.

The Committee on County and Urban Affairs offered the following amend ment to HB 1666:
Amend HB 1666 by inserting on line 7 on Page 1, immediately fol lowing the word and semicolon "board;", the following:
"to provide for the ineligibility of the county attorney for re tirement and pension benefits;"
And by striking line 7 on Page 3 in its entirety and inserting in lieu thereof the following:
"interest of the county. The county attorney shall be ineligible for membership under any existing pension or retirement laws of Richmond County."
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.

TUESDAY, FEBRUARY 26, 1974

2213

HB 1908. By Messrs. Miles of the 79th, Mulherin of the 81st, Sams of the 83rd and others:
A bill to fix the compensation of the ordinaries in certain counties (pop ulation of not less than 145,000 nor more than 165,000) and to provide for the employment and compensation of personnel within such ordi naries' offices.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1908 by inserting after the word "personnel's" in line 15, Page 1, the word "monthly".

On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The President ordered a morning roll call, and the following Senators an swered to their names:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford London McGill Moore Overby Parker

Riley Rowan Salter Skene Smith
Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Young Zipperer

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Not answering were Senators:

Coggin Coverdell Johnson

Lester McDuffie Reynolds

Smalley Webb

Senator Ballard of the 45th introduced as Chaplain, Senator Smith of the 34th who served as Chaplain and offered scripture reading and prayer.

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:
SB 719. By Senator Cox of the 21st: A bill to amend an Act establishing the State Court of Jenkins County formerly the City Court of Millen, so as to change the compensation of the judge and the solicitor; to provide an effective date.

SB 720. By Senator Cox of the 21st: A bill to amend an Act establishing a Board of Commissioners of Roads and Revenues for the County of Jenkins, approved as amended, so as to change the compensation of the members of the Board, to provide an ef fective date.
SB 721. By Senators Wasden of the 2nd and Riley of the 1st: A bill to amend an Act creating the State Court of Chatham County, formerly the Court of Chatham County, formerly the Court of Com mon Pleas, and of Oyer and Terminer, for the City of Savannah, so as to change the provisions relating to the numbers and selection of jurors in misdemeanor trials in said court.
SB 724. By Senator Overby of the 49th: A bill to provide for an investigator for the District Attorney of the Northeastern Judicial Circuit; to provide for the compensation and ex penses of such investigator; to provide for the duties, powers and au thority of the investigator.
The House has passed, by substitute, by the requisite constitutional majority the following resolution of the Senate:

TUESDAY, FEBRUARY 26, 1974

2215

SR 27. By Senator Stephens of the 36th:
A resolution proposing an amendment to the Constitution so as to authorize the managing body of any pension fund created for the bene fit of any employees of Pulton County, to provide from time to time for the increase of retirement benefits of retired persons.

The house has passed, as amended, by the requisite constitutional majority the following bills of the Senate:

SB 713. By Senators Moore of the 56th and Henderson of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, form erly known as the Civil and Criminal Court of Cobb County, so as to change the compensation of the solicitor.

SB 715. By Senators Moore of the 56th and Henderson of the 33rd: A bill to amend an Act providing for the compensation of the Judge of the Cobb Juvenile Court, so as to change the compensation of said Judge.
SB 718. By Senators Moore of the 56th and Henderson of the 33rd: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, so as to change the salary of the ordinary.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 560. By Senators McGill of the 24th and Ballard of the 45th: A bill to amend an Act regulating the sale, inspection, importation and distribution of fluid milk and milk products for human consumption, so as to provide for the filing of wholesale price lists of fluid milk and fluid milk products with the Commissioner of Agriculture.

The following is the Senate Rules Calendar for today: SENATE RULES CALENDAR Tuesday, February 26, 1974
HB 235. D. A. Emeritus--General Assembly and State employment time HB 244. Traffic Laws--revise, consolidate and modernize (SUB)

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HB 709. Georgia Development Authority for Housing Finances--create
HB 750. Alcoholic Bev. by Drink--excise tax (SUB)
HB 806. Excise Tax on Hotels--delete prohibitions against levy (SUB)
HB 1011. Local Income Tax--counties and cities levy HB 1276. Curb Construction--ramps for handicapped persons HB 1316. Public School Ret. System--advance list of retirees HB 1323. Rural Mail Carriers--flashing amber lights (AM) HB 1334. Teachers' Retirement--creditable service leaves of absence HB 1342. Speech Pathology and Audiology--regulate practice HB 1437. Teachers' Retirement--military service credit HB 1448. Municipal Corporations--purchase liability insurance HB 1449. Motor Contract Carriers--safety rules and regulations HB 1476. Net Income Taxation--terms same as U. S. Internal Rev. HB 1495. City-County Ad Valorem Tax--uniform fair market value HB 1505. Consumer Affairs Div.--Agriculture Dept.--create HB 1507. Civil Defense Act--powers of Governor HB 1508. Flashing Red Lights--certain private vehicles operate HB 1514. Firemen's Pension Fund--redefine "volunteer fireman" HB 1526. Employees' Retirement--include Conservation Rangers HB 1536. Blood Sample--person unable to give consent HB 1537. Alcohol Blood Test--qualification of technician HB 1571. M.F.P.E.--program offered "isolated schools" HB 1639. Conasauga Judicial Circuit Superior Court--additional judge HB 1657. Medical Records--confidential and privileged HB 1741. Indictment Against Peace Officer on Duty--rights HB 1742. Peace Officer--prohibit fees, donations and selling ads HB 1755. County Boards of Tax Assessors--contents of notice required HB 1765. Real Estate License Tax--cities and counties collect HB 1805. Optometrists--prohibit discrimination by State HB 1815. M.F.P.E.--requirements for certification of teachers, etc. (SUB) HB 1847. Alcoholic Beverage Act--limitation of quantity sold HB 1848. Alcoholic Beverage Act--limitation of quantity possessed HB 1885. Warrant for Arrest of Peace Officer--who may issue HB 1897. Public Property--use of utilities by residents

TUESDAY, FEBRUARY 26, 1974

2217

HB 1900. Motion Picture & TV Advisory Com.--repeal section of Act HB 1996. Hospital Authorities--authorize State to make grants to HR 230. Revenue Anticipation Obligations--expend purposes (AM) HR 591. Jesup--conveyance of property to Hospital Auth. of Wayne Co.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 450. By Senator Kidd of the 25th:
A bill to require certain reflective materials upon certain bicycles; to provide penalties; to repeal certain specific provisions of conflicting laws.

Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House substitute to SB 450 and that a Conference Committee be appointed.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the Senate disagreement to the House substitute to SB 450 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Zipperer of the 3rd, Kidd of the 25th and McDuffie of the 19th.

The following bills of the Senate were taken up for the purpose of consider ing House amendments thereto:

SB 560. By Senators McGill of the 24th and Ballard of the 45th:
A bill to amend an Act regulating the sale, inspection, importation and distribution of fluid milk and milk products for human consumption, ap proved April 5, 1961 (Ga. Laws 1961, p. 501), as amended, so as to provide for the filing of wholesale price lists of fluid miik and fluid milk products with the Commissioner of Agriculture.

The House amendments were as follows:
Amendment No. 1: Amend SB 560 by inserting between lines 17 and 18 on Page 3 the following:

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JOURNAL OF THE SENATE,

"(g) As used in this Section, the terms 'fluid milk' and 'fluid milk products' shall include Grade A pasteurized milk, vitamin D milk, homogenized milk, flavored milk or flavored milk drinks, sweet cream, whipping cream, homogenized cream, lowfat milk, skim milk, buttermilk, cottage cheese and yogurt. (Buttermilk, cottage cheese and yogurt may be made from reconstituted dried milk solids)."

Amendment No. 2: Amend SB 560 by striking the period at the end of Section 2 and adding at the end of Section 2 the following:

"and shall remain in effect for one year and shall thereafter be of no force and effect."

Senator Ballard of the 45th moved that the Senate agree to amendment No. 1 and disagree to amendment No. 2 to SB 560.

On the motion, the ayes were 30, nays 0; the motion prevailed, and amend ment No. 1 was agreed to and amendment No. 2 was disagreed to.

SB 713. By Senators Moore of the 56th and Henderson of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, formerly known as the Civil and Criminal Court of Cobb County, ap proved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, so as to change the compensation of the solicitor.

The House amendment was as follows:
Amend SB 713 by striking on lines 17 and 20 of Page 1 the figure "$24,000.00" and inserting in lieu thereof the figure "$22,500.00".

Senator Moore of the 56th moved that the Senate agree to the House amend ment to SB 713.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the House amendment to SB 713i was agreed to.

SB 715. By Senators Moore of the 56th and Henderson of the 33rd:
A bill to amend an Act providing for the compensation of the Judge of the Cobb Juvenile Court approved Jan. 17, 1969 (Ga. Laws 1969 p. 3560) as amended, so as to change the compensation of said Judge.

TUESDAY, FEBRUARY 26, 1974

2219

The House amendment was as follows:

Amend SB 715 by striking on lines 17 and 20 of Page 1 the figure "$24,000.00" and inserting in lieu thereof the figure "$23,500.00".

Senator Moore of the 56th moved that the Senate agree to the House amend ment to SB 715.

On the motion, the ayes were 32 nays 0; the motion prevailed, and the House amendment to SB 715 was agreed to.

SB 718. By Senators Henderson of the 33rd and Moore of the 56th:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, approved Feb. 9, 1949 (Ga. Laws 1949, p. 427), as amended, so as to change the salary of the ordinary.

The House amendment was as follows:
Amend SB 718 by striking on lines 19 and 25, on Page 1, the figure "$24,000.00" and inserting in lieu thereof the figure "$22,000.00".

Senator Moore of the 56th moved that the Senate agree to the House amend ment to SB 718.

On the motion, the ayes were 29, nays 0; the motion prevailed, and the House amendment to SB 718 was agreed to.

SB 708. By Senator London of the 50th:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County) approved Feb. 13, 1941 (Ga. Laws 1941, p. 651), as amended, so as to change the compensation of the judge and district attorney of said court.

The House amendment was as follows:
Amend SB 708 by striking from Section 2, on line 28 of Page 3, the following:
"solicitor",

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JOURNAL OF THE SENATE,

and inserting in lieu thereof the following:

"district attorney".

Senator London of the 50th moved that the Senate agree to the House amend ment to SB 708.

On the motion, the ayes were 37, nays 0; the motion prevailed, and the House amendment to SB 708 was agreed to.

Senator Gillis of the 20th 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 1514. By Mr. McDonald of the 12th:
A bill to amend an Act providing revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to redefine the term "volunteer firemen"; to change the powers of the Board of Trustees of said Fund.

The following fiscal note, as required by law, was read by the Secretary:
January 22, 1974
Board of Trustees Georgia Firemen's Pension Fund 720 Church Street Decatur, Georgia 30030
Dear Sirs:
Tillinghast & Company has been asked to review the attached amendment to the Act establishing the "Firemen's Pension Fund" of the State of Georgia, and give our opinion as to the actuarial effect on the liabilities of the Fund in regard to such amendment.
The current amendment basically requires that volunteer firemen attend not less than 50% of all drills, meetings and fires in any calendar year. The Act as it now stands requires 75%. While on the surface this appears to be a liberalization of the eligibility requirements, it is our understand ing that the 50% requirement if properly and uniformly administered will result in a tightening of the eligibility requirements as compared to the

TUESDAY, FEBRUARY 26, 1974

2221

administration of this particular section of the Act to this point in time. Based on the assumption that the qualification for membership and the crediting of service during each year will be handled on a more stringent basis, the proposed amendment would tend to decrease the liabilities of the Fund relative to the liabilities that would exist if the Fund continues to be administered as it has been in the past.

Very truly yours, TILLINGHAST & COMPANY, INC. By: E. T. Bryant

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland
Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard

Hamilton Henderson Herndon Hill Holloway Howard Jackson Kennedy Kidd Langford London McDuffie McGill Overby Reynolds

Riley Rowan S alter Skene Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Gillis (presiding) Holley Hudgins Johnson

Lester Moore Parker

Smalley Summers Young

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

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JOURNAL OF THE SENATE,

SB 412. By Senator Stephens of the 36th:
A bill to change the name of "The Fulton County Airport" to the "Charlie Brown County Airport"; to provide that the Board of Com missioners of Fulton County shall notify all persons, firms and corporations utilizing the facilities at the airport of the change of name.

The House substitute was as follows:
A BILL
To be entitled an Act to change the name of "The Fulton County Airport" to the "Charlie Brown Airport"; to provide that the Board of Commissioners of Fulton County shall notify all persons, firms and corporations utilizing the facilities at the airport of the change of name; to authorize and direct the Board of Commissioners of Fulton County to erect and maintain an appropriate sign designating the airport as the Charlie Brown Airport; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Fulton County Airport shall be known as the "Charlie Brown Airport" when Charlie Brown no longer holds elective public office.
Section 2. At the appropriate time the Board of Commissioners of Fulton County shall notify all persons, firms and corporations utilizing the facilities of the airport that the name of the airport has been changed.
Section 3. At the appropriate time the Board of Commissioners of Fulton County is hereby authorized and directed to erect and maintain an appropriate sign designating the airport as the "Charlie Brown Airport".
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Stephens of the 36th moved that the Senate agree to the House substitute to SB 412.
On the motion, the ayes were 32, nays 0; the motion prevailed, and the House substitute to SB 412 was agreed to.
Senator Coggin of the 35th moved that the Senate request the Governor to ask for a written opinion from the Attorney General and that the Legislative

TUESDAY, FEBRUARY 26, 1974

2223

Counsel also furnish a written opinion on the question concerning the legality of the Governor's adjourning the General Assembly on February 21, 1974 until 9:30 o'clock A.M., February 26, 1974, and if the legislation passed on this date would be legal.

On the motion, the ayes were 36, nays 0; the motion prevailed, and the Gov ernor and Legislative Counsel will be requested to furnish legal opinions con cerning the adjournment.

The following letters were written by the Secretary of the Senate to the Gov ernor and Legislative Counsel:
OFFICE OF SECRETARY OF THE SENATE 353 State Capitol
Atlanta, Georgia 30334
February 26, 1974
Governor Jimmy Carter State Capitol Atlanta, Georgia
Dear Governor:
The Senate has, by motion adopted this 26th day of February, 1974, re quested that you obtain a legal opinion from the Attorney General, as soon as possible, as to the legality of the General Assembly being in session this 26th day of February, 1974.
The motion specifically states that the opinion rule on the legality of the Governor adojurning the Senate to a specific date, and if legislation passed this day would be legal.
It is requested this opinion be rendered prior to the General Assembly completing its deliberations on this date.
Sincerely, /s/ Hamilton McWhorter, Jr.
Hamilton McWhorter, Jr. Secretary of the Senate

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JOURNAL OF THE SENATE,

OFFICE OF SECRETARY OF THE SENATE 353 State Capitol
Atlanta, Georgia 30334
February 26, 1974
Mr. Frank Edwards Legislative Counsel State Capitol Atlanta, Georgia

Dear Mr. Edwards:

The Senate has, by motion adopted this 26th day of February, 1974, requested that you give a legal opinion, as soon as possible, as to the legality of the General Assembly being in session this 26th day of February, 1974.

The motion specifically states that the opinion rule on the legality of the Governor adjourning the Senate to a specific date, and if legislation passed this day would be legal.

It is requested this opinion be rendered prior to the General Assembly completing its deliberations on this date.

Sincerely,
/s/ Hamilton McWhorter, Jr. Hamilton McWhorter, Jr. Secretary of the Senate

The following communication was received from the Legislative Counsel and read by the Secretary:
LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL
316 State Capitol Atlanta, Georgia 30334
February 26, 1974
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia
Dear Mr. McWhorter:
This will acknowledge receipt of your letter of February 26, 1974, in which you state that the Senate, by motion adopted on that date, has requested that I give an opinion as to the legality of the General As sembly being in session on that date. You further state that the motion provides that I rule on the legality of the Governor adjourning the

TUESDAY, FEBRUARY 26, 1974

2225

Senate to a specific date and whether legislation passed on such date would be legal. You also state that it is requested that my opinion be rendered prior to the General Assembly completing its deliberations on February 26, 1974.

I need not tell you that the above questions and the many other questions involved in this request are very complex. Exhaustive research will be required in order to reach conclusions and render a well-reasoned opinion. I know of no way that such an opinion could be rendered in the very few hours remaining on this date.

Sincerely yours,
/s/ Frank H. Edwards Frank H. Edwards Legislative Counsel

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

SB 672. By Senators Starr of the 44th, Young of the 13th, Summers of the 53rd and others:
A bill to provide for an adequate program for education in Georgia, to provide for a short title and for the purpose of said Act; to provide for instructional services; to provide for supportive services; to provide for cooperative education service agencies.

The House amendments were as follows:

Amendment number one: Amend SB 672 by adding after the word "public" on line 28, Page 8,
the words "and private".
Amendment number two: Amend SB 672 by striking lines 12, 13, 14 and 15 on Page 6 and
substituting: "(1) all children who have attained age 5 and have not attained
age 6 by September 1 of a fiscal year;".
Amendment number three: Amend SB 672 by striking Section 75 and substituting:

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"Section 75. Effective Date. This Act shall become effective July 1, 1975".

Amendment number four:
Amend SB 672 by adding at end of line 28, Page 6:
"except in those school districts which by law now require at tendance in a public pre-school program."

Amendment number five:
Amend SB 672 by striking from line 20 on Page 3 after the word "to" the following:
"a special class or program suited to their special needs if it is deemed necessary."
and add after the word "to" the following:
"programs of instruction within its regular day-time educa tional program; provided, that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular day-time educational program."
And in Section 5, page 4 subsection (c) striking lines 33, 34 and lines 1 and 2 Page 5 and inserting in lieu thereof:
"for children who have special educational needs such as emo tional, physical, communicative, and/or intellectual deviations to the degree that there is interference with school achievements or adjustments, or prevention of full academic attainment, and who require modifications or alterations in their educational programs. This definition includes children who are mentally retarded, phys ically handicapped, speech handicapped, multiple handicapped, autis tic, intellectually gifted, hearing impaired, visually impaired, and any other areas of special needs which may be identified."

Amendment number six:
Amend SB 672 on Page 11, Section 10, after subsection (c), after line 8, add new subsection (d) to read as follows: "(d) The State Board of Education shall allot to each local unit of administration a full allot ment unit for each major fraction above an allotment unit, pertaining to Sections 10, 12, 20, 21, and 24."

Amendment number seven:
Amend SB 672 on Page 12, Section 12, line 13: strike "but not limited to", and "reading mathematics,"

TUESDAY, FEBRUARY 26, 1974

2227

Page 12, Section 12, line 14: strike "social studies, science,"

Page 14, Section 16, line 3: add "s" to the word "section" and after "10", write "12, 20, and 21,".

Amendment number eight:
Amend SB 672 on Page 34, Section 42, line 30: after "12," insert "13, 15, 16,"
Page 51, Section 56, line 6: after "living" insert "as determined an nually by the Bureau of Labor Statistics for the State of Georgia"
Page 52, Section 57, lines 8, 9, and 10: strike "Instruction in Health Education; Instruction in the Fine Arts; Instruction in Physical Educa tion."
Page 54, Section 61, line 24: strike "and area boards of education"
Page 55, Section 62, line 14: strike ";" at end of the line and insert in its place "."
Page 55, Section 62, lines 15, 16, 17, 18: strike in their entirety
Page 55, Section 62, line 19: strike "superintendent."
Page 58, Section 66, line 16; strike "71." and insert in its place

Senator Starr of the 44th moved that the Senate agree to the House amend ments to SB 672.
On the motion, the ayes were 33, nays 0; the motion prevailed, and the House amendments to SB 672 were agreed to.
The following resolution of the Senate was taken up for the purpose of con sidering a House substitute thereto:
SR 27. By Senator Stephens of the 36th: A resolution proposing an amendment to the Constitution so as to autho rize the managing body of any pension fund created for the benefit of any employees of Fulton County, to provide from time to time for the in crease of retirement or other benefits of retired persons who have re tired or who retire in the future.

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JOURNAL OF THE SENATE,

The House substitute was as follows:

A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the governing authority of Fulton County to provide from time to time for the increase of retirement or other benefits of retired persons who have retired or who retire in the future, pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system established for any employees of Fulton County; to provide for sub mission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section I, Paragraph II of the Constitu tion, as amended, 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 governing authority of Fulton County is autho rized to provide from time to time for the increase of retirement or other benefits of retired persons who have retired or who retire in the future, pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system, which such system was created for the benefit of employees of Fulton County. Provided, however, that no additional benefits shall be given to retired employees who are receiving a pension in excess of $150.00 per month until every retired employee receives a mini mum pension of $150.00 per month. No formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the system who have not retired, nor shall any such formerly retired person receive any increased benefit unless all formerly retired persons entitled to receive such increased benefits participate equally."

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 1&45, 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 governing authority of Fulton County to provide from time to time for the increase of
( ) NO retirement or other benefits of retired persons who have retired or who retire in the future pur suant to any retirement system, annuity and benefit fund system, pension system or any similar system created for the benefit of em ployees of Fulton County?"

TUESDAY, FEBRUARY 26, 1974

2229

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 Stephens of the 36th moved that the Senate agree to the House substitute to SR 27.

On the motion, the ayes were 33, nays 0; the motion prevailed, and the House substitute to SR 27 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 454. By Senators Holloway of the 12th and Webb of the llth: A bill to be known as the "1974 Public Disclosure Act".

Senator Rowan of the 8th moved that SB 454 be postponed from 10:55 o'clock A. M. until 11:25 o'clock A. M.
On the motion, the ayes were 37, nays 0; the motion prevailed, and SB 454 was postponed until 11:25 o'clock A.M.
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 482. By Senator Starr of the 44th: A bill to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prison, public works camps and prisoners.
The House adheres to its position in substituting the following bill of the

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Senate, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate:

SB 450. By Senator Kidd of the 25th:
A bill to require certain reflective materials upon certain bicycles; to provide penalties.

The Speaker has appointed on the part of the House the following members thereof:
Messrs. Morgan of the 70th, Levitas of the 50th and Smith of the 74th.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 451. By Senator Kidd of the 25th:
A bill to amend an Act providing for sick leave for teachers in the public schools in this State, so as to allow additional accumulative sick leave; to place a limitation upon the amount which may be paid to substitute teachers.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 326. By Senator Langford of the 51st:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to grant pardon and parole to aged or disabled inmates.

The House recedes from the Egan amendment to the following bill of the Senate, to-wit:

SB 560. By Senators McGill of the 24th and Ballard of the 45th:
A bill to amend an Act regulating the sale, inspection, importation and distribution of fluid milk and milk products for human consumption, so as to provide for the filing of wholesale price lists with the Commissioner of Agriculture.

TUESDAY, FEBRUARY 26, 1974

2231

The House has disagreed to the Senate substitutes to the following bills of the House, to-wit:

HB 2078. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the board of commissioners of Ware County, so as to change the compensation of the chairman of the board.

HB 2075. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act placing certain of the county officers of Ware County upon an annual salary, so as to change the compensation of the sheriff and ordinary of Ware County.

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 1571. By Messrs. Colwell of the 4th, Bennett of the 124th, Twiggs of the 4th and others:
A bill to amend an Act entitled the "Minimum Foundation Program of Education Act", so as to provide that any school with grades 1 through 12 classified by the State Board of Education as an "isolated school" on January 1, 1974, shall have a minimum of 8 State allotted teachers.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell
Broun of 46th Brown of 47th Carter Cleland Coggin

Coverdell Cox Dean
Doss Duncan Eldridge Garrard Gillis

Hamilton Henderson Herndon
Hill Holley Holloway Howard Hudgins

2232
Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore

JOURNAL OF THE SENATE,

Overby Parker Reynolds Riley Rowan Salter Skene Smalley Smith

Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Fincher Johnson

Starr Stephens

Young

On the passage of the bill, the ayes were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 806. By Mr. Hawes of the 43rd:
A bill to authorize counties and municipalities to impose, levy and collect certain excise taxes.

The Senate Committee on Banking and Finance offered the following sub stitute to HB 806:
A BILL
To be entitled an Act to authorize certain counties and municipalities to impose, levy and collect certain excise taxes; to provide a condition precedent for authority to levy such taxes following the initial year; to provide for legislative findings and policy; to provide the procedures connected therewith; to provide that any consolidated government in such counties shall use the proceeds of any tax levied and collected under this Act for convention civic center and coliseum purposes; to provide that certain counties and all municipalities located therein shall use a certain percentage of any tax levied and collected under this Act for convention civic center and coliseum purposes; to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to delete therefrom certain of the prohibitions against certain political subdivisions levying certain taxes; 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 GEOR GIA:

TUESDAY, FEBRUARY 26, 1974

2233

Section 1. (a) The General Assembly hereby finds, determines and declares:

(1) that the encouragement, development, growth and expansion of tourism and conventions within the State of Georgia are impor tant to the economy of the State and to the general welfare of its citizens;

(2) that the major tourism and convention centers of the State should have the financial ability to attract and promote tourism and conventions, and to provide the necessary public facilities to compete in the domestic and international travel and convention markets;

(3) that counties and municipalities of this State are hard put to deliver the services and facilities demanded of them to promote and attract visitors and convention delegates.

(b) In accordance with these findings, it is hereby declared to be the purpose and intent of the General Assembly that each county and municipality in this State shall be authorized to levy and impose certain excise taxes, and that the funds be made available to the governing authorities of such counties and municipalities for any public purposes and that the funds be made available, also, for the purposes of pro moting, attracting, stimulating and developing conventions and tourism in such counties and municipalities.

Section 2. The governing authority of each county and municipality in this State shall be authorized to impose, levy and collect an excise tax upon the furnishing for value to the public of any room, or rooms, lodging furnished by any person or legal entity licensed by or required to pay business or occupation taxes to any county or municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin or any other place in which rooms, lodgings or accommodations are regularly furnished for value. No such tax shall be levied upon the sale or charges for any rooms, lodgings or accommodations furnished for a period of more than 30 consecutive days, or meeting rooms, nor shall the rate of taxation exceed 3% of the charge to the public for such furnishing.

Section 3. The rate of taxation, the manner of its imposition, pay ment, collection and all other procedures related thereto shall be as provided for by each county and municipality electing to exercise powers herein conferred.

Section 4. Dealers collecting the tax shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from State tax under the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as now or here after amended.
Section 5. Any consolidated government in existence in such coun-

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ties on the effective date of this Act shall use the proceeds from any tax levied and collected under Section 2 of this Act for construction, and/or operation of a convention center.

Section 6. In all counties of this State having a population of not less than 145,000 and not more than 165,000 according to the United States decennial census of 1970 or any future such census, 50 percent of the proceeds of the tax levied and collected under Section 2 of this Act shall be used for the construction and operation of a convention civic center and coliseum.

Section 7. 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 adding at the end of Section 25 thereof the following:

"; provided further that the prohibition in this Section shall not apply to nor affect in any way any right granted to municipal corporations or counties to impose, levy, or collect an excise tax upon the furnishing for value to the public of rooms, lodging, or accom modations."

Section 8. As a condition precedent for authority to levy the tax authorized by Section 2 for the year following the initial year in which it is levied, the governing authority of any political subdivision receiving any proceeds from the imposition of such tax shall adjust the mill rate for ad valorem taxation for such political subdivision so that the aggre gate revenue derived from ad valorem taxation by such political sub division shall not exceed that total received from such taxation for the previous year less an amount which shall equal one-half (%) the net proceeds derived by such political subdivision from the tax imposed pur suant to Section 2 during the previous year.

Section 9. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. 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 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval; provided, however, that any ordinance or regulation adopted by a county or mu nicipality imposing the excise tax authorized herein shall become effec tive on or after April 1, 1974.

Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.

TUESDAY, FEBRUARY 26, 1974

2235

Senator Doss of the 52nd offered the following amendment:

Amend the committee substitute to HB 806 by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:

"Section 2. In all counties of this State having a population of more than 89,000 according to the United States Decennial Census of 1970, or any other future such census, and in all municipalities located therein, the governing authority of the county or munici pality shall be authorized to impose, levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging furnished by any person or legal entity licensed by or re quired to pay business or occupation taxes to any county or munici pality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin or any other place in which rooms, lodgings or accommoda tions are regularly furnished for value. No such tax shall be levied upon the sale or charges for any rooms, lodgings or accommodations furnished for a period of more than 30 consecutive days, or meeting rooms, nor shall the rate of taxation exceed 3% of the charge to the public for such furnishing."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Carter Dean Doss Garrard

Gillis Hamilton Kidd Langford London

McGill Overby Skene Stephens

Those voting in the negative were Senators:

Ballard Bell Broun of 46th Brown of 47th Cleland Coggin Coverdell Cox Duncan Eldridge Fincher Herndon Hill Holley

Holloway Howard Hudgins Jackson Kennedy Lester McDuffie Moore Parker Reynolds Riley Rowan Salter

Smalley Smith Starr Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

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Those not voting were Senators Henderson and Johnson.

On the adoption of the amendment, the ayes were 14, nays 40, and the amendment was lost.

Senator Kidd of the 25th offered the following substitute to HB 806:
A BILL
To be entitled an Act to provide for grants to the governing au thorities of counties and certain incorporated municipalities to be used for any public purposes; to provide for legislative fundings; to provide the method of computation of such grants and the procedure to be fol lowed in distributing such grants; to provide for definitions; to create the State Matching and Grant Funds Committee; to provide for the appointment, terms of office and expenses of the members of the Com mittee; to provide for filling vacancies; to provide for a quorum; to provide for officers; to provide for matching and grant funds to counties, municipalities and local promotion groups; to provide for applications and the terms and conditions for submission thereof; to provide for the amount of matching and grant funds; to provide for notice of approval of matching and grant funds and the payment thereof; to provide for the allocation of appropriations to the Department; to provide for the administration of this Act; to provide that promotional material pro duced with State funds shall so indicate thereof; to enumerate certain powers of governing authorities of counties and municipalities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Legislative Findings and Policy.--The General Assembly hereby finds, determines and declares:
(a) That the health, safety, morals and general welfare of the peo ple of the State are dependent upon the encouragement, development, growth and expansion of tourism within the state;
(b) That unemployment, the spread of indigency, and the heavy burden of public assistance and unemployment compensation can be alleviated by the promotion, attraction, stimulation, development and expansion of tourism in the State;
(c) That the continued economic health and growth of the Georgia travel and convention industry depends on maintaining a strong com petitive advantage over other tourist areas;
(d) That increased tourist trade also brings a corresponding in crease in the need for local government services;

TUESDAY, FEBRUARY 26, 1974

2237

(e) That counties and municipalities of this State are hard put to deliver services demanded of them and meet standards placed upon them without added and expanded revenues;

(f) That the present needs of counties and municipalities which can be met under this Act, and the needs of this State to promote and en courage the growth of tourism within this State bears an approximate ratio of three to one.

In accordance with these findings, it is hereby declared to be the purpose and intent of the General Assembly that State funds be made available to the governing authorities of counties and certain incorporated municipalities of this State to be expended for any public purposes, ex cept for the purpose of paying the salaries of elected county officers or elected municipal officers, and that State funds be made available to these governing authorities for the purposes of promoting, attracting, stimulating, developing and expanding tourism in this State, as well as for construction and operation of civic centers and exhibit facilities.

Section 2. To the extent funds are made available by the budget authorities pursuant to the General Appropriations Act of 1974 or to the extent funds are made available by any future law, for the purposes set out in Section 1 hereof, the Director of the Department of Community Development (hereinafter referred to as the "Director"), is authorized and directed to grant such funds to counties and incorporated munici palities of this State, on the following basis:

(a) The director shall calculate, using actual historical figures, if available, the total amount of revenue that would be produced by a state wide 5 percent excise tax on the sales or charges for rooms, lodgings or accommodations furnishing by any hotel, motel, inn, tourist camp, tour ist cabin or any other place in which rooms, lodgings or accommodations are regularly furnished for a consideration, except the sale or charges for any rooms, lodgings or accommodations supplied for a period of 90 continuous days or more.

(b) The director shall calculate, using actual historical figures, if available, the total annual amount of revenue that would be produced by the tax described in subsection (a) if it were levied within each in corporated municipality and the areas within each county lying outside the incorporated municipalities.

(c) Each incorporated municipality and each county shall receive a grant bearing the same ratio to the total funds available under this section as the ratio of the amount of revenue calculated for such in corporated municipality or county pursuant to subsection (b) above, bears to the total amount of revenue calculated pursuant to subsection (a) above.

(d) The computation of individual municipal and county grants as called for in this Section shall be prepared and certified by the Director of the Department of Community Development who shall make payments as provided for herein.

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Section 3. The following terms, whenever used or referred to in this Act, shall have the following meanings except where the context clearly indicates otherwise:

(a) "Director" means the Director of the Department of Community Development.

(b) "Incorporated municipality" shall mean an incorporated mu nicipality as defined in Section 3 of that certain act known as an act to provide for grants to certain incorporated municipalities of this State to be used for any public purposes, 1967 Ga. Laws, pp. 889 et seq. (Geor gia Code Annotated Sections 69-1602 through 69-1607).

(c) "Department" means the Department of Community Develop ment.

(d) "Advisory Committee" or "Committee" means the State Match ing and Grant Funds Committee.

(e) "Local promotion group" means any nonprofit corporation, organization, association, agency or committee thereof formed for the primary purpose of publicizing, promoting, advertising or otherwise en couraging the development of tourism in any municipality, county, or
region of Georgia.

(f) "Promotional activities" means preparing, planning and conduct ing publicity campaigns to encourage, stimulate and promote the tourist and business travel and vacation and convention business in any county, municipality or region of this State.

Section 4. State Matching and Grant Funds Advisory Committee Created.--There is hereby created a State Matching and Grant Funds Advisory Committee composed of eleven persons as follows: three persons appointed by the Governor who shall each serve for a term of six years; one person appointed by the Georgia Motel-Hotel Association for a term of four years; one person appointed by the Georgia State Chamber of Commerce for a term of two years; one person appointed by the Geor
gia Travel Commission for a term of two years; one person appointed by the Board of Directors of the Georgia Municipal Association for a term of two years; two senators appointed by the President of the Senate who shall each serve for a term of two years; and two repre sentatives appointed by the Speaker of the House of Representatives who shall each serve for a term of two years. Thereafter, all appointments shall be for six years, and all members shall serve until their successors are appointed and qualified, except that General Assembly members shall serve until their respective successors are appointed and qualified or until termination of their legislative service, whichever occurs first.

All members shall be eligible for reappointment. Vacancies in the membership of the Advisory Committee shall be filled in the same manner as original appointments.

TUESDAY, FEBRUARY 26, 1974

2239

The Advisory Committee shall elect a chairman and such other officers as it shall deem necessary to effectively and efficiently perform its duties at its first meeting each calendar year. The Committee shall establish its own rules of procedure. Five members in attendance shall constitute a quorum. Members of the Committee shall serve without compensation for their services but shall receive actual expenses in curred in the performance of their official duties. The legislative mem bers of the Committee shall be paid from funds appropriated to or available to the legislative branch of the government.
The members of the Committee shall be appointed as provided herein within 60 days after the effective date of this Act. The Director of the Department shall call an organizational meeting of the Committee within 30 days after all members have been appointed and shall notify the members in writing of the date and place of such organizational meeting. The Director of the Department shall preside at the organiza tional meeting.

Section 5. To the extent funds are made available by the budget authorities pursuant to the General Appropriations Act of 1974 or to the extent funds are made available by any future law for the purposes set forth in this Section, the Director is authorized and directed to make grants to counties, municipalities and local promotion groups and to assist such counties, municipalities and local promotion groups in their promotional activities. Before any such grant may be made, the county, municipality or local promotion group, pursuant to an order, resolution, ordinance or other appropriate action of its governing body, must make application to the Department for such grant, setting forth the studies, surveys and investigations proposed to be made and other promotional activities proposed to be undertaken. The application shall further state, under oath or affirmation, with evidence thereof satisfactory to the Department, the amount of funds held by, committed to or subscribed to, and proposed to be expended by, the applicant for the purposes herein described and the amount of the grant for which application is made. The Department shall make grants only to match funds appropriated or otherwise allocated by counties, municipalities and local promotion groups subsequent to the effective date of this Act.

Section 6. Amount of Grant. -- The Department, after review of the application and if satisfied that the program and proposed expendi tures of the applicant appear to be in accord with the purposes of this Act, shall grant to such applicant an amount equal to fifty (50 f/t ) per cent of the entire amount of such expenditures. The Department may also approve grants which exceed fifty (50',v ) percent of the entire amount of such expenditures as provided in Section 8 (b) of this Act.

Section 7. Notice of approval of grant--Payment.--Upon approval of each application and the making of a grant by the Department in accordance therewith, the Department shall give notice to the applicant of such approval and grant, and shall direct the applicant to proceed with its proposed promotional program as described in its application and to use the funds allocated by the applicant for such purpose. Upon the furnishing of satisfactory evidence to the Department that the appli cant has so proceeded, the grant allocated to such applicant shall be paid over on such basis to the applicant by the Department.

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Section 8. Allocation of appropriations to department.--Appro priations to the Department for the purpose of making grants under Section 5 and 6 of this Act shall be allocated by the Department as follows:

(a) Seventy-five (75%) percent to counties, municipalities and local promotion groups on a one-for-one basis;

(b) Twenty-five (257<) percent to counties, municipalities and local promotion groups on such terms and conditions as may be determined by the Executive Director of the Department and the Committee to those counties, municipalities and local promotion groups which are unable to match funds on a one-for-one basis. However, maximum participation commensurate with financial ability shall be required in all cases.

Section 9. Administration of Act.--The Department is directed to administer the provisions of this Act with such flexibility as to bring about an effective and economical a promotion program as possbile. In order to effectuate and enforce the provisions of this Act, the Depart ment is authorized to promulgate necessary rufes and regulations and prescribe procedures in order to assure compliance by applicants in carrying out the purposes for which grants may be made under this Act.

The Department, with the approval of the Committee, shall adopt and publish criteria outlining the procedures for requesting matching funds and grants, guidelines of eligibility to receive matching funds and grants, the parameters which must be met for each program or project and contractual arrangements between the county, municipality or local promotion group and the Department.

The above and foregoing powers may be exercised and duties per formed by the Department through such duly authorized agents and employees as it deems necessary and proper to effectuate the purposes of this Act.
Section 10. Promotional material.--Any promotional material pro duced as the result of the financial participation of the State of Georgia under the terms of this Act shall so indicate thereon.

Section 11. Powers of governing authorities of counties and munici palities.--For the purposes set out in this Act, the governing authorities of each county and incorporated municipality may (1) promote the ad vantages of the municipality or county, as the case may be, for tourism programs designed to stimulate employment, (2) appropriate funds for promotional activities and programs, (3) accept gifts and grants to be used for promotional purposes, and (4) join with other municipalities, counties, and local promotion groups in promotional activities and pro grams.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

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2241

Senator Hudgins of the 15th offered the following amendment:

Amend the substitute to HB 806 offered by Senator Kidd of the 25th by renumbering Section 12 as Section 13 and adding a new Section 12 to read as follows:

"Section 12. Any consolidated government in existence on the effective date of this Act shall use the proceeds from any tax levied under Section 1 of this Act for construction, and, or, operation of a convention center."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Dean Doss Duncan Eldridge Garrard Gillis Herndon

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford London McDuffie McGill Parker Reynolds Riley

Those voting in the negative were Senators:

Cox Fincher Henderson

Hill Lester Moore

Rowan Salter Skene Smith Starr Stephens Summers Sutton Thompson Ward Warren Wasden Webb Young Zipperer
Overby Smalley Tysinger

Not voting was Senator Hamilton.

On the adoption of the amendment, the ayes were 46, nays 9, and the amend ment offered by Senator Hudgins to the substitute offered by Senator Kidd was adopted.

On the adoption of the committee substitute, the President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Cleland Coggin Coverdell Dean Doss Duncan Garrard Gillis Hamilton Herndon Hill

Holley Holloway Howard Hudgins Jackson Johnson Kidd Langford Lester London McDuffie Overby Parker Riley Rowan

Salter Skene Smalley Smith Starr Stephens
Summers Sutton Thompson Tysinger Ward Warren Webb Young Zipperer

Those voting in the negative were Senators:

Carter Cox Eldridge

Henderson Kennedy McGill

Moore Reynolds

Not voting were Senators: Fincher and Wasden.

On the adoption of the committee substitute, the ayes were 46, nays 8, and the substitute was adopted.

On the adoption of the substitute offered by Senator Kidd of the 25th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Brown of 47th Dean

Kidd Langford London

Moore Overby Reynolds

Those voting in the negative were Senators:

Ballard Bell Broun of 46th Carter Cleland Coggin

Coverdell Cox Doss Duncan Eldridge Pincher

Garrard Gillis Hamilton Henderson Herndon Hill

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Lester McDuffie McGill

TUESDAY, FEBRUARY 26, 1974

2243

Parker Riley Rowan Salter Smalley Smith Starr Stephens Summers

Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting was Senator Skene.

On the adoption of the substitute, the ayes were 9, nays 46, and the substitute offered by Senator Kidd of the 25th to HB 806 was lost.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Carter Cleland Coggin Coverdell Duncan Garrard Gillis Herndon Holley

Holloway Howard Hudgins Jackson Johnson Lester McDuffie Riley Rowan Salter Skene Smalley

Those voting in the negative were Senators:

Barker Brown of 47th Cox Dean Doss Eldridge Hamilton

Henderson Hill Kennedy Kidd Langford London McGill

Starr Stephens Sutton Thompson Tysinger 'Ward Warren Wasden Webb Young Zipperer
Moore Overby Parker Reynolds Smith Summers

Not voting was Senator Fincher.

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On the passage of the bill, the ayes were 35, nays 20.

The bill, having received the requisite constitutional majority was passed by substitute.
Senator Henderson of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 806.

Senator Holley of the 22nd moved that the Senate reconsider its action in passing HB 806.
On the motion, the ayes were 1, nays 47; the motion was lost, and HB 806 was not reconsidered.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 87. By Senator Stephens of the 36th: A bill to amend Code Section 26-2610, by striking subsection A from said Code Section 26-2610, in its entirety, and substituting another Sub section A which prevents obscene words which tend to cause a fight, or to deride, offend, or annoy a person or prevent him from pursuing his lawful business or occupation.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 26-2610, relating to abusive or obscene language, so as to prohibit any person from using to or of another in his presence, without provocation, opprobrious or abusive words which tend to incite immediate breach of the peace; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 26-2610, relating to abusive or obscene language, is hereby amended by striking the language contained in sub section (a) and by inserting in lieu thereof new language, which shall read as follows:

TUESDAY, FEBRUARY 26, 1974

2245

"(a) without provocation, uses to or of another, in his presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach .of the peace; that is to say, words which as a matter of common knowledge and under ordinary cir cumstances will, when used to or of another person in his presence, naturally tend to provoke violent resentment, that is words common ly called fighting words."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Stephens of the 36th moved that the Senate agree to the House sub stitute to SB 87.

On the motion, the ayes were 43, nays 0; the motion prevailed, and the House substitute to SB 87 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a Conference Committee Report thereto:

SB 450. By Senator Kidd of the 25th:
A bill to require certain reflective materials upon certain bicycles; to provide penalties; to repeal certain specific provisions of conflicting laws.

The Conference Committee Report was as follows:
Mr. President: Mr. Speaker:
Your Conference Committee on SB 450 has met and recommends that the attached Substitute Bill to SB 450 be adopted.

FOR THE SENATE /s/ Culver Kidd of 25th /s/ Pete McDuffie of 19th /s/ E. H. Zipperer of 3rd

Respectfully submitted, FOR THE HOUSE /s/ J. W. Morgan of 70th /s/ Elliott H. Levitas of 50th /s/ J. R. Smith of 74th

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Conference Committee Substitute to SB 450:

A BILL

To require certain reflective materials upon certain bicycles; to provide penalties; to repeal certain specific provisions of conflicting laws; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. After July 1, 1975, it shall be unlawful for any person to sell, offer to sell a bicycle for operation upon any roadway open to the public unless such bicycle is equipped with reflective surfaces which must be visible during the hours of darkness from 500 feet when viewed under lawful low beam headlamps of a motor vehicle under normal atmospheric conditions on a straight, level, unlighted roadway. The pro
vision of this Act shall not apply to bicycles manufactured prior to July 1, 1975. The prescribed reflective surfaces shall include a white reflective material which shall have a minimum of four square inches to be mounted on the front of the bicycle, a red reflective material which shall have a
minimum of six square inches to be mounted on the rear of the bicycle (reflective materials on each vertical side of each foot pedal of the bicycle to indicate their presence from the front or the rear). Each bicycle equipped with caliper brakes must have a continuous circular white or amber retroreflective material on each side of all tires or wheels. Such retroreflective material must be at least 3/16 of an inch wide. Bicycles not equipped with caliper brakes must have a continuous circular white or amber retroreflective material at least 3/16 of an inch wide on either the tires or wheel rims. The tires or wheels must be visible at night when viewed by a vehicle driver under the lawful lower beam head lamps at least 500 feet. All reflective materials to be used in order to comply with this Act shall meet those minimum requirements prescribed therefor by appropriate rules and regulations to be promul gated by the Commissioner of Public Safety.

Section 2. It shall be unlawful for any person to operate any bicycle which has been manufactured after July 1, 1975, upon any public roadway without the required reflective materials prescribed by Section 1 of this Act.

Section 3. Any person who shall violate the provisions of this Act shall be punished by a fine not to exceed twenty-five dollars.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that the Conference Committee Report be adopted.
On the motion, the ayes were 42, nays 0; the motion prevailed, and the Conference Committee Report on SB 450 was adopted.

TUESDAY, FEBRUARY 26, 1974

2247

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 227. By Senator London of the 50th:
A bill to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, as amended, so as to require prior written approval by the Governor for certain contracts entered into by Area Planning and Development Commissions.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act implementing the require ments of the Federal Intergovernmental Cooperation Act of 1968 and creating the State Planning and Community Affairs Policy Board, ap proved March 18, 1970 (Ga. Laws 1970, p. 321), as amended by an Act approved April 6, 1972 (Ga. Laws 1972, p. 1015), so as to require prior written approval by the Department of Community Development for certain contracts entered into by Area Planning and Development Com missions; to prohibit Area Planning and Developmental Commissions from entering into certain contracts; to provide for definitions; to pro vide that Area Planning and Development Commissions shall prepare and adopt comprehensive development guides for their areas; to provide for the contents of development guides; to provide for studies and public hearings; to provide for powers of Area Planning and Development Commissions; to provide for the designation of commissions as official planning agencies for all State, federal and multi-jurisdictional areawide programs; to provide that certain counties shall not be a part of an area except for certain purposes; to provide for other matters rela tive to the foregoing; to provide for the construction of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. Laws 1970, p. 321), as amended by an Act approved April 6, 1972 (Ga. Laws 1972, p. 1015), is hereby amended by striking Section 14 (b) in its entirety and substituting in lieu thereof a new Section 14 (b) to read as follows:
"(b) make and enter into all contracts or agreements necessary or incidental to the performance of its duties and functions; pro vided, however, an Area Planning and Development Commission shall not contract with private individuals or with private companies for services, counsel, reports, or other types of services unless prior review and written approval has been given by the Georgia Depart-

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ment of Community Development and provided, further, an Area Planning and Development Commission shall not contract with a corporation or agency from which any commission employee, or member of his family, will receive financial benefit;".

Section 2. Said Act is further amended by adding, after Section 15, four new Sections, to be designated Sections 15A, 15B, 15C and 15D, to read as follows:

"Section 15A. As used in Sections ISA, 15B, 15C and 15D, the following terms shall have the following meanings unless their use in context clearly requires otherwise:

(a) 'Area' shall mean an Area Planning and Development Commission Region located within the State of Georgia and those areas where State and local laws have permitted bi-state planning and development relationships.

(b) 'Area Plan' shall mean a written proposal that involves governmental action, expenditure of public funds, use of public property, or the exercise of franchise rights granted by any public body and which affects the citizens of more than one political sub division and which may have a substantial effect on the develop ment of an area. Area plans may involve, but shall not be limited to, such matters as land use (not including zoning), water and sewer age systems, storm drainage systems, parks and open spaces, air ports, highways and transit facilities, hospitals, public buildings and other community facilities and services.

(c) 'Commission' shall mean an Area Planning and Develop ment Commission created in accordance with an Act authorizing the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions, approved March 13, 1957 (Ga. Laws 1957, p. 420), as amended, and in accordance with this Act.
(d) 'Development Guides' shall mean the comprehensive devel opment guides adopted by a commission in accordance with the pro visions of Section 15B.
(e) 'Area-wide' shall mean programs having application to all counties within a commission.
Section 15B. A commission shall prepare and adopt, and from time to time amend, change, or repeal, after appropriate study and such public hearings as may be deemed necessary, comprehen sive development guides for its area. The development guides shall consist of policy statements, goals, standards, programs, and maps recommending the orderly and economic development, public and private, of the area. The development guides shall be based upon and encompass physical, economic, and health and human needs of the area and shall take into consideration future development which may have an impact on the area including, but not limited

TUESDAY, FEBRUARY 26, 1974

2249

to, such matters as land use (nor including zoning), water and sewerage systems, storm drainage systems, parks and open spaces, land needs and the location of airports, highways, transit facilities, hospitals, public buildings and other community facilities and services.

Section 15C. It is in the public interest and is hereby pro vided that:

(a) a commission shall have the authority to review and comment on each area-wide plan provided for use in an area by a political subdivision or by a public authority, commission, board, utility or agency;

(b) each commission shall be designated as the official plan ning agency for all area-wide State, federal, and multi-jurisdictional programs to be carried out in the area;

(c) a commission shall have power and authority to undertake such other planning functions within its area, as may be assigned or delegated to the commission by other agencies or boards, public or private, and for which, the commission accepts responsibility;

(d) a commission shall be the Planning and Development Com mission for an area in accordance with this Act;

(e) a commission shall be designated for its area as the planning agency under P.L. 89-117, 1965; 42 U.S.C.A. 3725; and P.L. 90-351, 1968. A commission is further granted all of the powers duties and authorities necessary to carry out its responsibilities and duties under such laws.

(f) a commission shall have power and authority to under take such other planning functions within its area, as may be assigned or delegated to the commission by other agencies or boards, public or private, and for which, the commission accepts responsibility.

Section 15D. A county, which is the most populous county of a Standard Metropolitan Statistical Area, and which has a population of not less than 180,000 nor more than 190,000, according to the United States Decennial Census of 1970, or any future such census, and which is being served by a municipal-county planning commission created and jointly financed by such county and the most populous city thereof in accordance with an Act authorizing the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions, approved March 13, 1957 (Ga. Laws 1957, p. 420), as amended, shall not be a part of an Area as defined by this Act, except for planning purposes involving multicounty proposals, programs or projects, and any such county shall exercise its planning and zoning powers within its territorial limits in accordance with the

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provisions of said Act approved March 13, 1957 (Ga. Laws 1957, p. 420), as amended."
Section 3. Said Act is further amended by amending Section 15 thereof, relating to the duties of Area Planning and Development Commissions, by adding a new subsection, to follow the present sub section (c), to be known as subsection (d), and to read as follows:
(d) prepare a comprehensive budget annually, which shall itemize and list sources and estimated amounts of all anticipated revenues and expenditures for the coming year including all amounts received and spent pursuant to governmental grant programs, gifts, and contracts; and to forward a copy of such budget each year to each member municipality and each member county at least ten (10) days prior to its adoption, with a request for review and comment.
Section 4. Nothing in this Act shall be construed to repeal, amend or supersede, all or any portion of an Act creating a Metropolitan Area Planning and Development Commission in each Standard Metropolitan Statistical Area of this State having a population of more than 1,000,000 according to the United States Decennial Census of 1970, or any future such census, approved March 3, 1971 (Ga. Laws 1971, p. 17), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 501), an Act approved March 27, 1972 (Ga. Laws 1972, p. 502), and by an Act approved March 29, 1973 (Ga. Laws 1973, p. 225), and if the provisions of this Act are contrary to the provisions of said Act, as amended, then the provisions of said Act, as amended, shall prevail.
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.

Senator London of the 50th moved that the Senate agree to the House substitute to SB 227.

On the motion, the ayes were 40, nays 1; the motion prevailed, and the House substitute to SB 227 was agreed to.

The following general bill of the House, favorably reported by the com mittee, was read the third time and put upon its passage:
HB 750. By Mr. Cole of the 6th: A bill to authorize municipal corporations and counties to levy and impose certain excise taxes; to provide for the procedures connected

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therewith; to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to delete therefrom certain of the prohibitions against political subdivisions levying certain taxes.

The Senate Committee on Banking and Finance offered the following sub stitute to HB 750:
A BILL
To be entitled an Act to authorize municipal corporations and counties to levy and impose certain excise taxes; to provide for the procedures connected therewith; to provide for legislative findings and policy; to provide a condition precedent for the authority to levy such taxes following the initial year; to provide that any consolidated government in such counties shall use the proceeds of any tax levied and collected under this Act for convention civic center and coliseum purposes; to provide that certain counties and all municipalities located therein shall use a certain percentage of any tax levied and collected under this Act for convention civic center and coliseum purposes; to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to delete therefrom certain of the prohibitions against political subdivisions levying certain taxes; 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 GEOR GIA:
Section 1. (a) The General Assembly hereby finds, determines and declares:
(1) that the encouragement, development, growth and expansion of tourism and conventions within the State of Georgia are important to the economy of the State and to the general welfare of its citizens;
(2) that the major tourism and convention centers of the State should have the financial ability to attract and promote tourism and conventions, and to provide the necessary public facilities to compete in the domestic and international travel and convention markets;
(3) that counties and municipalities of this State are hard put to deliver the services and facilities demanded of them to promote and attract visitors and convention delegates.
(b) In accordance with these findings, it is hereby declared to be the purpose and intent of the General Assembly that each county and municipality in this State shall be authorized to levy and impose certain excise taxes, and that the funds be made available to the governing authorities of such counties and municipalities for any public purposes, and that the funds be made available, also, for the purposes of pro moting, attracting, stimulating and developing conventions and tourism in such counties and municipalities.

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Section 2. Each municipal corporation and each county of this State in which the sale of distilled 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 10% upon the sale of such beverages; provided that whenever a municipal corporation elects to impose the tax provided for herein, no county shall levy or impose any excise tax upon the sale of beverages subject to the tax imposed by the municipality.

Section 3. The rate of taxation, manner of its imposition, pay ment, collection and all other procedures related thereto, shall be pro vided for by each municipal corporation and county electing to exercise powers herein conferred.

Section 4. Any consolidated government in existence in such counties on the effective date of this Act shall use the proceeds from any tax levied and collected under Section 2 of this Act for construc tion, and/or operation of a convention center.

Section 5. In all counties of this State having a population of not less than 145,000 and not more than 165,000 according to the United States decennial census of 1970 or any future such census, 50 percent of the proceeds of the tax levied and collected under Section 2 of this Act shall be used for the construction and operation of a convention civic center and coliseum.

Section 6. 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 adding at the end of Section 25 thereof the following:

"; provided further that the prohibition in this Section shall not apply to nor affect in any way the right of any municipal corporation or county to impose, levy, or collect an excise tax upon the sale of distilled spirits or alcoholic beverages for beverage pur poses by the drink."

Section 7. As a condition precedent for authority to levy the tax authorized by Section 2 for the year following the initial year in which it is levied, the governing authority of any political subdivision receiv ing any proceeds from the imposition of such tax shall adjust the mill rate for ad valorem taxation for such political subdivision so that the aggregate revenue derived from ad valorem taxation by such political subdivision shall not exceed that total received from such taxation for the previous year less an amount which shall equal one-half (%) the net proceeds derived by such political subdivision from the tax imposed pursuant to Section 2 during the previous year.

Section 8. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence,

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clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby de clares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or ad judged invalid or unconstitutional.

Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th offered the following amendment:
Amend the committee substitute to HB 750 by renumbering Sections 4 through 10 as Sections 5 through 11, respectively.
By adding a new Section 4, to read as follows:
"Section 4. Dealers collecting the tax shall be allowed a per centage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from State tax under the 'Georgia Re tailers' and Consumers' Sales and Use Tax Act', approved February 20, 1951 (Ga. Laws 1951, p. 360), as now or hereafter amended."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Brown of 47th Cox Dean Eldridge Holloway

Kidd Langford London McDuffie

Moore Overby Sutton Zipperer

Those voting in the negative were Senators:

Ballard Barker Bell Broun of 46th Carter Cleland Coggin

Coverdell Doss Duncan Fincher Garrard Hamilton Herndon

Hill Holley Howard Hudgins Jackson Johnson Kennedy

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Lester McGill Parker Riley Rowan Salter Skene

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Smalley Smith Starr Stephens Summers Thompson

Tysinger Ward Warren Wasden Webb Young

Those not voting were Senators:

Gillis

Henderson

Reynolds

On the adoption of the amendment, the ayes were 13, nays 40 and the amendment was lost.

Senator Kidd of the 25th offered the following substitute to HB 750:
A BILL
To be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act approved March 31, 1965 (Ga. Laws 1965, p. 451), so as to increase the excise tax chargeable by counties and municipalities on spirituous liquors; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act approved March 31, 1965 (Ga. Laws 1965, p. 451), is hereby amended by striking subsection (g) of Section 9 in its entirety and inserting in lieu thereof a new subsection (g) of Section 9, to read as follows:
"(g) All licenses or license fees referred to in this Chapter shall be payable annually in advance. Provided further, that the municipalities and counties of this State where sales of alcoholic beverages are legal may, and they are hereby authorized, to levy an excise tax on the sale of alcoholic beverages at either the whole sale or retail level in a total amount not to exceed the sum of $1.00 per wine gallon on spirituous liquors, excluding fortified wine, which excise tax may be paid at such times and under such rules and regulations as such county or municipality may provide, including the deferring of payment for a period of not more than forty-five (45) days from date of sale on which such tax is levied,

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and such excise tax shall be in addition to any annual license fee which may be imposed."

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 committee substitute, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Dean
Doss
Duncan Fincher Garrard Hamilton Herndon Hill

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill
Overby Parker Riley

Rowan Salter Skene Smalley Smith Starr Stephens Summers Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Cox Eldridge

Moore Reynolds

Sutton

Those not voting were Senators:

Cleland

Gillis

Henderson

On the adoption of the substitute, the ayes were 48, nays 5 and the committee substitute was adopted.

On the adoption of the substitute offered by Senator Kidd of the 25th, the President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Dean Eldridge Fincher Kidd

Langford London McDuffie McGill

Moore Overby Skene

Those voting in the negative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Doss Duncan Garrard 'Hamilton

Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Kennedy Lester Parker Reynolds Riley Rowan

Salter Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Gillis

Johnson

Summers

On the adoption of the substitute, the ayes were 11, nays 42; the substitute offered by Senator Kidd of the 55th was lost.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Brown of 47th Carter Cleland Coggin Coverdell

Doss Duncan Fincher Garrard Hamilton Henderson Hill Holley

Holloway Howard Hudgins Jackson Johnson Kennedy Langford Lester

London McGill Overby Parker Reynolds Riley Rowan Salter

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Skene Smalley Smith Starr Stephens Summers Thompson

Tysinger Ward Warren Wasden Webb Young Zipperer

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Those voting in the negative were Senators:

Cox Dean Eldridge

Kidd McDuffie

Moore Sutton

Those not voting were Senators:

Broun of 46th

Gillis

Herndon

On the passage of the bill, the ayes were 46, nays 7.

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 House amendment to a Senate amendment thereto:

HB 1464. By Mr. Groover of the 75th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exclude from the terms "retail sale" and "sale at retail" as used in said Act, charges for transportation to certain private elementary and secondary schools in this State.

The amendment of the House to the Senate amendment to HB 1464 was as follows:
Amend the Senate amendment to HB 1464 by inserting between the words "school" and "athletic" wherever they appear, the following:
"Elementary & Secondary".

Senator Fincher of the 54th moved that the Senate agree to the House amendment to the Senate amendment to HB 1464.

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On the motion, the ayes were 38, nays 0; the motion prevailed, and the House amendment to the Senate amendment to HB 1464 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 704. By Senator Zipperer of the 3rd:
A bill to amend an Act creating the Georgia Higher Education Assis tance Corporation, approved Mar. 12, 1965, as amended, so as to authorize the Corporation to request and obtain certain information from other governmental departments and boards relative to persons indebted to the Corporation.

The House amendment was as follows:
Amend SB 704 by adding after the word "agency" on Page 2, line 4 the following:
"except the Georgia Department of Revenue."

Senator Zipperer of the 3rd moved that the Senate agree to the House amendment to SB 704.

On the motion, the ayes were 32, nays 0; the motion prevailed, and the House amendment to SB 704 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 482. By Senator Starr of the 44th:
A bill to amend an Act which comprehensively and exhaustively revises, supersedes and consolidates the laws relating to prisons, public works camps and prisoners, approved Feb. 20, 1956, as amended.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act providing for the temporary transfer of prisoners pending appeal to a state prison or county work camp, approved April 1, 1971, (Ga. Law 1971, p. 341), to provide for

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the transfer of certain prisoners pending appeal without the request of the prisoner or his attorney; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act providing for the temporary transfer of prisoners pending appeal to a state prison or county work camp, ap proved April 1, 1971, (Ga Laws 1971, p. 341), is hereby amended by striking in its entirety section 3 and inserting in lieu thereof a new section 3 comprised of four separately designated subparagraphs so that, when amended, section 3 shall read as follows:

"Section 3. (a) Except in the circumstances described in subparagraph (b) and subparagraph (c) of this section, the authority contained in section 2 of this Act shall not be exercised as to any particular prisoner until and unless the prisoner or his attorney or both have requested of the trial judge the desired transfer to a state prison or county work camp pending outcome of the appeal.

"(b) The authority contained in section 2 of this Act may be exercised when the trial judge certifies in writing to the Director of Corrections that the continued custody in the local jail or lockup of a prisoner who has been convicted of the offense of murder, rape, kidnapping, or armed robbery, constitutes a dangerous condition which the local jail or lockup is not equipped to meet or control.

"(c) The authority contained in section 2 of this Act may be exercised when the trial judge certifies in writing to the Director of Corrections that the continued custody in the local jail or lockup of a prisoner whose testimony or actions contributed to the con viction of another prisoner held in the same local jail or lockup, presents a dangerous situation which the local jail or lockup is not equipped to meet or control.

"(d) The Director of Corrections may decline to accept any prisoner committed and transferred to his custody under the au thority granted in this Act, if there does not exist adequate space in the system to maintain such prisoner."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming a law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 482.

On the motion, the ayes were 38, nays 0; the motion prevailed, and the House substitute to SB 482 was agreed to.

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The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 23. By Senator Tysinger of the 41st:
A bill to amend Code Chapter 26-15, relating to criminal damage to property, as amended, so as to provide for the crime of criminal use of an article with an altered identification mark.

The House amendment was as follows:
Amend SB 23 on line 15, Page 1: by deleting the word "knowingly"; and on line 26, Page 1: by inserting after the word "which" the words "he knows".

Senator Tysinger of the 41st moved that the Senate agree to the House amendment to SB 23.

On the motion, the ayes were 40, nays 0; the motion prevailed, and the House amendment to SB 23 was agreed to.

The following bill of the Senate, previously postponed until 11:25 o'clock A. M. was taken up for the purpose of considering a House substitute thereto:

SB 454. By Senators Holloway of the 12th and Webb of the llth:
A bill to be known as the "1974 Public Disclosure Act".
The House substitute was as follows:
A BILL
To be entitled an Act to provide procedures for public disclosure of contributions and expenditures made in connection with campaigns for certain State offices; to provide a short title; to provide for a declara tion of policy; to provide for definitions of terms; to provide that campaign contributions to candidates for certain offices may be made only to the candidate or to his campaign committee; to provide certain requirements for a campaign committee; to provide for the duties of a candidate for certain offices with respect to contributions personally accepted and to provide for the duties of the chairman and treasurer of a campaign committee supporting such candidate; to prohibit and provide for anonymous contributions; to provide for the filing of campaign disclosure reports by certain candidates and by officers of certain campaign committees; to provide for the investigation by the

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Attorney General of any apparent violations of this Act; to provide for the promulgation of rules and regulations; to provide for penalties for violation of this Act; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Short Title. This Act shall be known as and may be cited as the "Campaign Financing Disclosure Act".
Section 2. Policy and Intent Declared. It is hereby declared to be the policy of the State of Georgia in furtherance of its responsibility to protect the integrity of the democratic process and to insure fair elec tions for the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller General, Commissioner of Agriculture, State School Superintendent, Commissioner of Labor and Public Service Commission, and members of the Georgia House of Representatives and Georgia Senate, to institute and establish a require ment of public disclosure of campaign contributions and expenditures relative to the seeking of such offices.
Section 3. Definitions. Unless clearly indicated otherwise by the context, the following words, when used in this Act for the purpose of this Act, shall have the meanings respectively ascribed to them in this Section:
(a) "Election" means a primary election, runoff election, special election or general election for the offices provided for in Section 2.
(b) "Candidate" means an individual who seeks nomination for election or election to any office provided for in Section 2, whether or not such an individual is elected, and a person shall be deemed to seek nomination or election if he has taken necessary action under the law of the State of Georgia to officially qualify himself for nomination for election or election, or has received contributions or made expenditures, or has given his consent for his campaign committee to receive contribu tions or make expenditures with a view to bringing about his nomination for election or election to such office.

(c) "Contribution" means a gift, subscription, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of any person for the offices provided for in Section 2.

(d) "Expenditure" means a purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value made for the purpose of influencing the nomination for election or election of any person for the offices provided for in Section 2.

(e) "Person" means an individual, partnership, committee, associa tion, corporation, labor organization, or any other organization or group of persons.

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(f) "Campaign Committee" means the committee which accepts contributions or makes expenditures designed to bring about the election of an individual to any office provided for in Section 2.

(g) "Campaign Financing Disclosure Report" means a written report filed with the Secretary of State by a candidate or the Chairman or Treasurer of a campaign committee setting forth all contributions and expenditures of $101.00 or more including lesser amounts when the aggregate contribution or expenditure by or to a person is $101.00 or more in the aggregate for the calendar year in which the report is filed.

Section 4. Contributions Made Only To Candidate Or Campaign Committee; Aggregating Contributions; Anonymous Contributions.

(a) No contributions to bring about the nomination or election of a candidate for any office provided for in Section 2 shall be made except directly to a candidate or to his campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate, which campaign committee shall have a Chairman and a Treasurer designated by the candidate. Each candidate shall have but one campaign committee. Before a campaign committee accepts any contributions, the candidate shall file the name and address of his Chairman and Treasurer with the Secretary of State. No contributions shall be made except to the candidate or his campaign committee. No contributions shall be accepted by or on behalf of the campaign com mittee at a time when there is a vacancy in the office of Chairman or Treasurer thereof.

(b) Where separate contributions of less than $101.00 are know ingly received from a common source, they shall be aggregated annually for reporting purposes. For purposes of fulfilling this requirement, members of the same family, firm or partnership, or employees of the same person, as hereinabove defined, shall be considered to be a "com mon source".

(c) The making and acceptance of anonymous contributions are hereby prohibited. Any anonymous contributions received by a candidate or campaign committee shall be transmitted to the Director of the Fiscal Division of the Department of Administrative Services for deposit in the State Treasury and the fact of such contribution and transmittal shall be reported to the Secretary of State.

Section 5. Record of Contributions and Expenditures. It shall be the duty of the Chairman or Treasurer of any campaign committee which accepts contributions or makes expenditures on behalf of a candidate for the offices provided for in Section 2 to keep a detailed and exact account of:

(1) The amounts of all contributions made to the campaign com mittee.

(2) The name and mailing address of every person making any contributions and the amount of such contributions.

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(3) All expenditures made by the candidate or the campaign com mittee of $101.00 or more in amount and for any such expenditure of a lesser amount if the aggregate amount of such expenditure to the same person during a calendar year exceeds $101.00.

(4) The name and mailing address of every person to whom any expenditure is made and the amount thereof.

Section 6. Campaign Financing Disclosure Reports To Be Filed. The Chairman or Treasurer of every campaig'n committee organized to bring about the nomination of a candidate for any office provided for in Section 2 shall file with the Secretary of State "Campaign Financing Disclosure Reports" listing the following:

(a) The amount, name and mailing address of any person contribu ting $101.00 or more in the aggregate during the twelve months preced ing the date on which the report is filed including the purchase of tickets for events such as dinners, luncheons, rallies and similar fund raising events within said period in the aggregate amount of $101.00 or more.

(b) The name and mailing address of any person to whom an expenditure of $101.00 or more is made and the amount of such expendi ture, and the name and address of any person to whom a lesser amount is paid and such amount, if the aggregate amount of such expenditure to the same person during the 12-months period preceding the date on which the report is filed, is $101.00 or more.

Such campaig'n financing disclosure reports shall be filed 45 days and 15 days before the primary election, and 10 days after the primary elec tion. Candidates in a general election campaign shall make such reports 15 days prior to the general election campaign and all campaign candi dates shall make a final campaign disclosure report no later than Decem ber 31 of the year in which the election occurs. A report or statement re quired to be filed by this Section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. After the initial report is filed hereunder, it shall not be necessary in subsequent reports to list contributions and expenditures which were listed in previous reports.

Where a candidate or campaign committee has accepted contribu tions or made expenditures prior to the effective date of this Act, the reports required by this Section shall include such information as the records of the candidate or his committee show, and such information as is otherwise known to the candidate or members of his committee, regarding such prior contributions and expenditures.

Section 7. Candidate To File When Funds Received--And Expendi tures Made Personally.--In the event a candidate for any office pro vided for in Section, 2 receives any contributions or makes any expendi tures in a personal capacity rather than directing such contributions and expenditures to and by his campaign committee, then such candidate must keep the records described in Section 5 of this Act and file the reports described in Section 6 of this Act.

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Section 8. Reports Available For Public Inspection. It shall be the duty of the Secretary of State to make the campaign financing disclosure reports filed with him available for public inspection and copying during regular office hours commencing as soon as practicable after such filing. The Secretary of State shall preserve such reports for a period of five (5) years from the date upon which they are received. The Secretary of State may promulgate rules and regulations to carry out the pro visions of this Act.

Section 9. Attorney General To Investigate And Enforce. The At torney General shall have the authority to investigate any apparent violation of this Act and may institute proper legal proceedings to enforce the provisions hereof, including the power to subpoena the records required to be kept under Section 5.

Section 10. Penalties. Any person who violates any of the provisions of this Act shall be subject to fine of not more than $5,000.00 or im prisonment of not more than one (1) year or both.

Section 11. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval.

Section 12. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Ballard of the 45th offered the following amendment: Amend the House substitute to SB 454 by adding on Page 2, line
9, after comma the following word: "Senate"
and before the word "to" the following: "all county and municipal elected officials".

On the adoption of the amendment, Senator Howard of the 42nd called for the ayes and nays, and the call was sustained.

The President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Carter Coggin

Coverdell Cox Dean

Doss Eldridge Herndon Howard Hudgins Jackson Johnson Kennedy

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Langford London Moore Overby Riley Rowan Salter Starr

Sutton Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Cleland Duncan Fincher Garrard Gillis Hamilton Henderson

Hill Holley Holloway Kidd Lester McDuffie McGill

Parker Skene Smalley Smith Stephens Summers Thompson

Not voting were Senators: Brown of the 47th and Reynolds.

On the adoption of the amendment, the ayes were 33, nays 21, and the amend ment was adopted.

Senator Reynolds of the 48th offered the following amendment:
Amend the House substitute to SB 454 by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. State Campaign Ethics Commission. There is hereby created the State Campaign Ethics Commission consisting of five members. One member shall be appointed by the Governor, one shall be appointed by resolution of the Senate, and one shall be appointed by resolution of the House of Representatives. The three members thus appointed shall meet, and by majority vote, appoint two other members who shall not be members of the same political party, and one of the five members shall be elected by the commission members to serve as chairman. No person holding public office or employment, and no person formerly holding public office or employment within the past two years, shall be a member of the Commission. All members must be confirmed by the Senate. Terms of members shall be five years, except that, of the initial members, the Governor's appointee shall have a term ending the third Monday in February, 1975; the first appointee selected by the three com mission members shall have a term ending the third Monday in February, 1976; the second appointee selected by the three com mission members shall have a term ending the third Monday in February, 1977; the appointee of the House of Representatives shall have a term ending the third Monday in February, 1978;

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and the appointee of the Senate shall have a term ending the third Monday in February, 1979. Each member shall hold office until his successor is appointed and qualified. A vacancy shall be filled in the same manner as the appointment for which the vacancy exists was made."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Coggin Cox Dean Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon

Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smith Starr Stephens Summers Sutton Ward Warren Webb Young Zipperer

Those voting in the negative were Senators:

Bell Cleland Coverdell

Doss Howard Langford

Thompson Tysinger Wasden

Not voting was Senator Smalley.

On the adoption of the amendment, the ayes were 46, nays 9, and the amend ment was adopted.

Senator London of the 50th offered the following amendment:
Amend the House substitute to SB 454 by adding on Page 5, line 5, between the words "expenditure" and "is" the following:
"exceeding $101".

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2267

On the adoption of the amendment, the ayes were 48, nays 2, and the amend ment was adopted.

Senator Holley of the 22nd offered the following amendment:
Amend the House substitute to SB 454 by adding a new section after Section 9 to be known as Section 9A to read as follows:
"Section 9A. Duties and Powers. The Commission shall have the following duties and powers:
(a) The Commission shall make rules as are necessary to administer this Act and to carry out its duties under this Act.
(b) The Commission shall receive and review documents filed with it, and shall make such documents available for review by any interested citizen of this State.
(c) Upon request from the appropriate prosecutorial officers of any State court, the Commission shall make such documents available to the appropriate prosecutorial officers of any State court.
(d) The Commission annually shall make a report to the General Assembly covering its activities and recommending legisla tion to improve public confidence in government."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

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Those not voting were Senators:

Fincher

Salter

Summers

On the adoption of the amendment, the ayes were 53, nays 0, and the amend ment was adopted.

Senator Coggin of the 35th offered the following amendment:
Amend the House substitute to SB 454 by adding on line 8 on Page 7, the word "knowingly" between the words "who" and "violates".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill

Moore Parker Reynolds Riley Skene Smalley Smith Starr Stephens Thompson Tysinger Ward Warren Wasden Young Zipperer

Those voting in the negative were Senators:

Cleland Rowan

Sutton

Webb

Those not voting were Senators:

Overby

Salter

Summers

On the adoption of the amendment, the ayes were 49, nays 4, and the amend ment was adopted.

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2269

Senator Coggin of the 35th offered the following amendment:

Amend the House substitute to SB 454 by adding on line 32 on Page 3, after the word "committee" the following:

"for the purpose of maintaining records as required in Section 5 herein, and the filing of reports as required in Section 6 herein."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens Button Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting was Senator Summers.

On the adoption of the amendment, the ayes were 55, nays 0, and the amend ment was adopted.

On the motion to agree to the House substitute as amended by the Senate, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Cleland Coggin Coverdell

2270
Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins

JOURNAL OF THE SENATE,

Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley Rowan

Salter Skene Smalley Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Not voting was Senator Summers.

On the agreement to the House substitute as amended, the ayes were 55, nays 0, and the House substitute was agreed to as amended by the Senate.

The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President:
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:
HB 1377. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st: A bill to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975.
The House has adopted the following resolution of the House, to-wit:
HR 786. By Messrs. Murphy of the 18th and Busbee of the 114th: A resolution relative to adjournment by the General Assembly on Feb ruary 26, 1974 at 6:00 o'clock p. m.
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

TUESDAY, FEBRUARY 26, 1974

2271

SB 56. By Senators London of the 50th and Overby of the 49th:
A hill to amend Code Section 85-406, relating to the obtaining of good title to realty by adverse possession, so as to change the provisions relating to the obtaining of good title by adverse possession in regard to certain classes of property.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

HB 1377. By Messrs. Murphy of the 18th, Busbee of the 114th, Floyd of the 5th and Burruss of the 21st:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975.

The Conference Committee Report was as follows:

The Conference Committee on HB 1377 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1377 be adopted.

FOR THE SENATE:
/s/ Maylon K. London Maylon K. London Senator, 50th District
/s/ John R. Riley John R. Riley Senator, 1st District
/s/ Terrell A. Starr Terrell A. Starr Senator, 44th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
James H. "Sloppy" Floyd Representative, 5th District
/s/ George D. Busbee George D. Busbee Representative, 114th District
/s/ Joe Frank Harris Joe Frank Harris Representative, 8th District

MINORITY REPORT TO CONFERENCE COMMITTEE REPORT ON HB 1377:

The House-passed version of the General Appropriations Act for Fiscal 1975 was clearly a substantial improvement to the version orig inally offered by the Administration. The Governor and his staff worked with the House in achieving this improvement, including reasonable adjustments in the FY 1974 and FY 1975 revenue estimates to reflect the Governor's most current estimate of our economic situation.

The Georgia Senate has every right to amend an appropriations act to include the items of highest priority to the Senate membership, and

2272

JOURNAL OF THE SENATE,

I have no fundamental disagreement with any such Senate priority con
tained in the Conference Committee Report. My concern is that the excessive revenue estimate contained in the Committee Report will neces sitate either an across-the-board cut-back in funding next year, a tax increase next session or both. Providing $50 million in tax credit for property-owners this fall at the risk of having to increase everyone's taxes next winter cannot be called tax relief.

Working together, the House and Senate have successfully killed the vast majority of the tax measures proposed by the Executive Branch in recent years. The line has been held. But, the increased revenue esti mate adopted in the Conference Committee Report threatens to bring about the very tax increases which the Executive Branch has been un able to bring about. For this reason alone, I was unable to sign the report, and I recommend that the House of Representatives reject the report. A two-week special session would represent a one-time cost of three or four cents per Georgia citizen. This is a small price to pay to avoid a tax increase next session which could cost ten to fifteen dollars per citizen every year from now on.

Respectfully submitted,
/s/ James H. "Sloppy" Floyd James H. "Sloppy" Floyd Representative, District 5

CONFERENCE COMMITTEE SUBSTITUTE TO HB 1377:
A BILL
To be entitled an Act to make and provide appropriations for the fiscal year beginning July 1, 1974, and ending June 30, 1975; to make and provide such appropriations for the operation of the State Govern ment, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to amend an Act providing appropriations for the Fiscal Year 1973-74, known as the "General Appropriations Act", approved April 19, 1973 (Ga. Laws 1973, p. 1353), as amended by an Act passed at the regular 1974 session of the General Assembly originally introduced as House Bill 1376; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1974, and ending June 30, 1975, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus, Federal Revenue Sharing Funds and an amended revenue estimate of $1,608,000,000 for Fiscal Year 1975.

TUESDAY, FEBRUARY 26, 1974

2273

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch.
Budget Unit: Legislative Branch _____.__.____$ 1. Operations .___,,..-...-...-.-.--_-.-...-------_-___$
Total Funds Budgeted ____,,__.__,,___--__-___._--___$ State Funds Budgeted _____,,_--____-------------$ 2. For election blanks and other
election expenses __---..._.-_.-_,,___--._-..._._.__$ Total Funds Budgeted _................_...-._-....,,.-.-$ State Funds Budgeted .___..__.__........_....__..$ 3. Georgia Education Improvement
Council ___.__.,,_.,,_.___,,.,,_,,_.____-_--__.-__-_--__--_._. $ Total Funds Budgeted _____.___,,__-__----------..--~~.$ State Funds Budgeted .-..,,,,..,,_.,,...,,.__-..___,,._-.$

7,786,000 7,000,000 7,000,000 7,000,000
700,000 700,000 700,000
86,000 86,000 86,000

Budget Unit Object Classes:
Operations ___-____-_._--_-___.--___.____---~~~---.-.._.$ Election Blanks and Other
Election Expenses __-......-..,,,,--_----_.-.$ Georgia Education Improvement
Council --__-___-____--___--_____-_____,,-._.__.--___-__$

7,000,000 700,000 86,000

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 Rep resentatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference of Legisla tive Leaders, Conference of Insurance Legislators, and Marine Fisheries Compact; for equipment, supplies, re pairs, printing and other incidental expenses for the Legislative Branch; for the necessary cost of renova ting and repairing the housing and other facilities for the Legislative Branch; for cost of compiling, publish ing and distributing the Acts and Journals of the Gen eral Assembly; for the annual report of the State Auditor to the General Assembly; and for cost of Legis lative Services Committee, Office of Legislative Coun sel, and Legislative Budget Analyst, as authorized by law.

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 expendi ture of funds appropriated to the Legislative Branch

2274

JOURNAL OF THE SENATE,

which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and pro grams which are paid for from funds appropriated to the Legislative Branch of Government with a view to wards determining which are legitimate legislative ex penses and which should be paid for from other appro priations.

Section 2. Department of Audits.

Budget Unit: Department of Audits ........ ... $

1. Operations

...........L .... ..^$

Total Funds Budgeted . .. . _

$

State Funds Budgeted ................... .^

2. Tax Ratio Study .............................% Total Funds Budgeted .....................$ State Funds Budgeted ........................ ..^,

2,186,000
1,861,000 1,861,000 1,861,000
325,000 325,000 325,000

Budget Unit Object Classes:
Operations ....................................................... ^ Tax Ratio Study ............................................^

1,861,000 325,000

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court ................ ^

926,601

For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be al located for the payment of attorneys' fees and legal ex penses for indigent defendants in criminal cases on ap peal as provided in Georgia Laws 1953, Nov.-Dec. Ses sion, pp. 478-479.

Section 4. Superior Courts. Budget Unit: Superior Courts ,,,,..._..,,_._..................$

6,147,213

For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowances authorized by law, the ' payment of mileage authorized by law, the payment of travel, tuition and expenses of Judges authorized to at-

TUESDAY, FEBRUARY 26, 1974
tend the National College of State Trial Judges, and such other salaries and expenses as may be authorized by law.
For payment of salaries, contingent expense allow ances, the payment of mileage and other expenses as may be authorized by law for the District Attorneys, As sistant District Attorneys, and District Attorneys Em eritus.
Provided, however, that the listed appropriation shall be increased by the amount of $21,666 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $6,000 per annum for each additional District Attorney Emeri tus position established during the fiscal year.
Provided, further, that the listed appropriation shall be increased by the amount of $32,500 per annum for each judgeship created by law during the 1974 ses sion of the General Assembly.
Section 5. Court of Appeals.
Budget Unit: Court of Appeals _..___._.._-.._..,,....$
For the cost of operating the State Court of Ap peals, including salaries and retirement contributions of judges and employees of the Court and for the Emeri tus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus posi tion established during the fiscal year.
Section 6. Administrative Office of the Court.
Budget Unit: Administrative Office of the Court _._.____.______________.__,,_____,,______,,_.$
For the cost of operating the Administrative Offices of the Court.
Section 7. Court Reports.
Budget Unit: Court Reports .,,.-__--_--_--_____--__--__ $
For the cost of printing and distributing the re ports, of the Supreme Court and Court of Appeals.
Section 8. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission __-_.___.__--_--,,--___--__._--__.__--__.$
For the cost of operating the Judicial Qualifica tions Commission.

2275
1,042,140 118,980 47,000 5,000

2276

JOURNAL OP THE SENATE,

PART III. EXECUTIVE BRANCH

Section 9. Department of Administrative Services.
Budget Unit: Department of Administrative Services .-._--------------$

8,252,546

1. Georgia Building Authority Budget:
Direct Payments to Authority for Operations ------------- $
Capital Outlay ...................... ^ General Obligation Debt
Sinking Fund -- ---------------$ Authority Lease Rentals .......................... ..^ Total Funds Budgeted ............... ^ State Funds Budgeted ................ ..^ Total Positions Budgeted

1,595,699 90,000
240,000 3,112,753 5,038,452 5,038,452 --0--

2. Departmental Administration Budget:
Personal Services ------------,,----------------- $ Regular Operating Expenses -------------- -- $ Travel ...................................................... ^ Motor Vehicle Equipment Purchases --___---- $ Publications and Printing _.----------------- $ Equipment Purchases ----------------------$ Per Diem and Fees ------------------------$ Computer Charges ------------_----------.$ Total Funds Budgeted ............................ .....^, State Funds Budgeted -- --_---- $ Total Positions Budgeted

518,158 72,000
9,000 --0--
6,300 5,400 2,700
300 613,858 593,738
35

3. Fiscal Administration Budget:
Personal Services ----------------------------_$ Regular Operating Expenses ---------------- $ Travel ................................................ ...^ Motor Vehicle Equipment Purchases -- ---- $ Publications and Printing _----_------------$ Equipment Purchases ....................................$ Per Diem and Fees --.._--_--,,_.-..,,._...._............... ^ Computer Charges ........................................ .^ Total Funds Budgeted __-_,,_____--..___...-__,,,,.-_.__$ State Funds Budgeted .................................. i Total Positions Budgeted

326,348 36,000 2,000
--0--
12,500 1,000
--0-- 15,000
391,848 391,848
21

4. Self Insurance Administration Budget:
Personal Services ... 1.........................................^ Regular Operating Expenses .,,---._------_._-.$ Travel _______,,___._.__......__..__._._-..,,.._,,. $ Motor Vehicle Equipment Purchases --_---__.--$

218,708 12,000 26,000
--0--

TUESDAY, FEBRUARY 26, 1974
Publications and Printing __.--____________.____$ Equipment Purchases _________________-,,______-$ Per Diem and Fees ___.,,.________.,,,,___..______.$ Computer Charges _______________..._._.___.$ Workmen's Compensation -____________________$ Total Funds Budgeted -_.__________--___.____- $ State Funds Budgeted _.---._____-._---___-__.$ Total Positions Budgeted
5. Procurement Administration Budget:
Personal Services ,,_________-__________________ $ Regular Operating Expenses __--_----------___ $ Travel ._._.____________-____.--_._________.__. $ Motor Vehicle Equipment Purchases ____----_ $ Publications and Printing _.__________________.$ Equipment Purchases ___________--_-__-____-_.$ Per Diem and Fees --_.__-.----__--____--__._----___ $ Computer Charges --___.--____--____----__--___$ Total Funds Budgeted __-_____________________$ State Funds Budgeted _______________________.$ Total Positions Budgeted
6. General Services Administration Budget:
Personal Services _________________-___.--___.$ Regular Operating Expenses __________-____--.$ Travel ________________________________________$ Motor Vehicle Equipment Purchases ___--_-- $ Publications and Printing ____________________.$ Equipment Purchases ___----__---____---_______.$ Per Diem and Fees ________--__.--_.,,_--____.$ Computer Charges _______________,,_________.$ Total Funds Budgeted _________________________ $ State Funds Budgeted _______________________ $ Total Positions Budgeted

2277
3,000 1,000 --0-- 2,000 740,000 1,002,708 973,691
17
681,305 66,861 10,000 --0-- 33,000
6,000 --0--
40,500 837,666 837,666
53
162,681 14,158
3,000 --0--
1,220 866
--0-- 840
182,765 94,587
13

7. Property Management Administration Budget:
Personal Services _____________________________ $ Regular Operating Expenses _----_____--__--.$ Travel ____________.__________________________,,$ Motor Vehicle Equipment Purchases _________ $ Publications and Printing ________.__--____ ._.$ Equipment Purchases ___--_,,_____________,,_ $ Per Diem and Fees __.__--_____,,_____--_______.$ Computer Charges __________________,,____-__..__$ Total Funds Budgeted ______________________$ State Funds Budgeted ____-__._-_.____________.? Total Positions Budgeted

106,998 28,000
1,500 --0--
1,350 4,000 --0-- 12,000 153,848 153,848
9

8. Data Processing Services Budget:
Personal Services __.__________._______--___._____.$ Regular Operating Expenses ___-_---____--____--_.$

7,582,470 5,317,557

2278

JOURNAL OF THE SENATE,

Travel .............................................................$ Motor Vehicle Equipment Purchases ..-.------$ Publications and Printing .............................. 4 Equipment Purchases .....--.__,,--....------........$ Per Diem and Fees .............................................^ Computer Charges .................................................$ Total Funds Budgeted ._.........,,_,,,,_.......__,,__..... $ State Funds Budgeted ......................................$ Total Positions Budgeted

25,400 --0--
51,000 636,743 75,300 --0-- 13,688,470 --0--
626

9. Motor Pool Services Budget:
Personal Services ...............................................$ Regular Operating Expenses ...............................^ Travel _.________----____.___-----___.-------- $ Motor Vehicle Equipment Purchases .............. $ Publications and Printing ..................................$ Equipment Purchases ...-....................................$ Per Diem and Fees ......................................$ Computer Charges ..........................................$ Total Funds Budgeted ................................$ State Funds Budgeted ..............................$ Total Positions Budgeted

86,244 126,700
2,000 155,000 --0--
1,200 --0--
12,500 383,644 --0--
10

10. Communication Services Budget:
Personal Services .................................................$ Regular Operating Expenses ........................$ Travel .___..--.______...--___--.__ $ Motor Vehicle Equipment Purchases ,,_,,...__....-$ Publications and Printing .......................$ Equipment Purchases ...............................$ Per Diem and Fees ........................................^ Computer Charges ......................................... $ Telephone Billings .......................................$ Total Funds Budgeted .................................$ State Funds Budgeted .......................... .^ Total Positions Budgeted

848,799 166,000
9,000 --0--
3,000 30,000 --0-- 35,000 5,606,815 6,698,614 --0--
63

11. Printing Services Budget:
Personal Services ...............................................$ Regular Operating Expenses .............................I Travel ...................................................................$ Motor Vehicle Equipment Purchases --..,,.--,,__.$ Publications and Printing _,,_....,,,,,,............,,,,$ Equipment Purchases ......................................$ Per Diem and Fees ........................................$ Computer Charges ..........................................$ Total Funds Budgeted ....................$ State Funds Budgeted ..................................$ Total Positions Budgeted

757,747 706,700 14,000 --0--
1,000 41,100 --0-- 12,000 1,532,547 --0--
68

12. Central Supply Services Budget: Personal Services .,,.._......_--,,,,_.....,,_,,,,..........,,_._..$

51,104

TUESDAY, FEBRUARY 26, 1974
Regular Operating Expenses __------___,,_.____--.$ Travel _____________________________________________________ $ Motor Vehicle Equipment Purchases --,,_-.____ $ Publications and Printing ____________,,______________.$ Equipment Purchases ._------__-_----____________$ Per Diem and Fees _--____-----__--__-_--__-------__$ Computer Charges .--,,_.--__________________.________..$ Total Funds Budgeted _-__-______.___.__-__.__._-______..$ State Funds Budgeted ..............________,,.___,,___.$ Total Positions Budgeted
13. State Properties Commission Budget:
Personal Services __,,___---__-__-____--_____-______--_____-..$ Regular Operating Expenses ___--_____-_-___--_____-..$ Travel _____ ,,,,___,,,, ___,,__,, ___,,.__ $ Motor Vehicle Equipment Purchases _______--$ Publications and Printing ,,._,,._,, ,,,,_____ _.___.$ Equipment Purchases --_-_-----_,----__--_.___--____..$ Per Diem and Fees ______ ___________ ______ ___._.$ Computer Charges ________ ___,,_,,_____,,___,,__ $ Total Funds Budgeted ______ __________ ,,___._,,_.$ State Funds Budgeted __,,__,,-__,,___,,,, ,,.__,,$ Total Position Budgeted
14. Volunteer Services Budget:
Personal Services __--_______-,,_.__,,___,,,,________.$ Regular Operating Expenses ___.______,,_______,,____.$ Travel -____--___-__. _____ _,,__,,_,,_ $ Motor Vehicle Equipment Purchases ____.,,_ $ Publications and Printing __________________________._$ Equipment Purchases _.--__--___--___----____--__-.$ Per Diem and Fees ___--.--_------_..__--____--__$ Computer Charges ___________________________________$ Total Funds Budgeted -____-_-__-._._-___-_-____.___..$ State Funds Budgeted _____-_____.______.______.________.$ Total Positions Budgeted

2279
399,400 1,000
--0-- 5,000 4,000
--0-- 2,500
463,004 --0--
5
71,450 31,000
1,000 --0--
1,500 2,000 14,000 --0-- 120,950 120,950
4
32,266 7,650 4,450 --0-- 1,900 1,500 --0-- --0-- 47,766 47,766
2

Budget Unit Object Classes:
Personal Services ___________________________________________ | Regular Operating Expenses ____________________,.$ Travel _________________________________________________... $ Motor Vehicle Equipment Purchases -___-____. $ Publications and Printing __________________._______.$ Equipment Purchases ____--_----_---____---__._-___.$ Per Diem and Fees ____________________________._.$ Computer Charges -__._-___.__-_-_._--_-.__-__________.$ Workmen's Compensation __--_-______----_----_-$ Direct Payments to Authority for Operations... $ Capital Outlay ________________.-_____________,,___________.$ General Obligation Debt Sinking Fund ________.$ Authority Lease Rentals ____-____.--_-____-________-_._-$ Telephone Billings _____-_____-_____._______._______________i

11,444,278 6,983,026 108,350 155,000 120,770 734,809 92,000 132,640 740,000 1,595,699 90,000 240,000 3,112,753 5,606,815

2280

JOURNAL OF THE SENATE,

Section 10. Department of Agriculture. Budget Unit: Department of Agriculture ,,........$ 15,464,329

1. Plant Industry Budget: Personal Services ....................................... $ Regular Operating Expenses .......--..,,.,,_._..--.-- $ Travel -____--____._.._ ...___.... $ Motor Vehicle Equipment Purchases ............... ^ Publications and Printing ...............................$ Equipment Purchases ............................. ......^ Per Diem and Fees ,,-.........-__-.-.-........_.___._-_.$ Computer Charges -----.--.--..,,----_--.....--...--_--.$ Fire Ant Eradication ______.____,,._,,_.,,__.________,,_,,____$ Total Funds Budgeted ........................ ^ State Funds Budgeted ..................... ^ Total Positions Budgeted

2,142,340 147,100 100,700 43,920 25,900
35,000 1,900
--0-- 1,500,000 3,996,860 3,915,860
196

2. Animal Industry Budget:
Personal Services ....................................................^ Regular Operating Expenses ---_--___,,_------__. $ Travel --.. __.........................................$ Motor Vehicle Equipment Purchases ................$ Publications and Printing ----,,..,,_------------- $ Equipment Purchases ___,,._--_----_.----.----_.._----$ Per Diem and Fees ._.,,----------_,,_------._-_--$ Computer Charges .................................................^ Athens Veterinary Laboratory Contract .----,,...$ Tifton Veterinary Laboratory Contract .........,,$ Poultry Improvement Contract _,,,,.,,........._.,,.$ Veterinary Fees .................................. .................$ Poultry Research Contract with
Georgia Institute of Technology ....................I Contract with University of Georgia to
Study Asiatic New Castle Disease ............... ^ Indemnities .,,._.-....-...-......._.....-.-.-..-......,,..-.......-.-. $ Total Funds Budgeted ..........................................$ State Funds Budgeted ............................^ Total Positions Budgeted

623,869 51,225 32,500 19,800 8,550 4,200 --0-- --0-- 200,000 300,000 415,000 525,000
125,000
250,000 100,000 2,655,144 2,655,144
51

3. Marketing Budget:
Personal Services .................................................$ Regular Operating Expenses ----_._,,___----__------ Travel _________________________......................... ...J$ Motor Vehicle Equipment Purchases ----------.$ Publications and Printing .-..,,------..-........,,._--.$ Equipment Purchases ._--_--__------_--____.------$ Per Diem and Fees ............................................$ Computer Charges _--------.._.--.--..._....._..._......$ Advertising Contract ___._..._,,------.........._-._.--.$ Authority Lease Rentals ....................................^ Total Funds Budgeted ___________..--.--~____--._.-_~-$ State Funds Budgeted ..................................$ Total Positions Budgeted

1,042,336 171,650 33,200 20,700 10,000 6,200 5,000 --0-- 35,000 945,000
2,269,086 2,108,086
99

TUESDAY, FEBRUARY 26, 1974
4. General Agricultural Field Forces Budget:
Personal Services ...................................................$ Regular Operating Expenses -.~__~___.--.----__--._$ Travel ......................................... ^ Motor Vehicle Equipment Purchases --------__--$ Publications and Printing _________________________$ Equipment Purchases ........................................ $ Per Diem and Fees ......................................... ^ Computer Charges --_--___,,_--_---_--_-------_--____ $ Total Funds Budgeted _._____-____-____.__-,,_-_-___,,._-__.___$ State Funds Budgeted ________.________-_____,,-_._-__.._.$ Total Positions Budgeted

2281
1,217,775 45,700 160,000 23,460 1,500 6,000
--0-- --0-- 1,454,435 1,454,435
124

5. Internal Administration Budget:
Personal Services ............................................... ^ Regular Operating Expenses -------_____---__.__$ Travel ..................................................$ Motor Vehicle Equipment Purchases _-__._--_--_.$ Publications and Printing _____.._______.,,_______.___._.$ Equipment Purchases ____------_-_--__--_____._-$ Per Diem and Fees ______._-.__-_..__._-__--_..___.--___$ Computer Charges ._-_.-____-._.___._._.__.....______..___.$ Total Funds Budgeted .......................................$ State Funds Budgeted ________.--_.__.__-_____..____~____.f Total Positions Budgeted

759,698 67,950 18,700 4,000 18,600 5,000 1,000 85,620
960,568 943,568
56

6. Information and Education Budget:
Personal Services ..............................................$ Regular Operating Expenses -___,,-_______.-_______-__..$ Travel ___.-.__-_____-____-__-_.-___..-_-_.__.--_._______-_-___.-__.$ Motor Vehicle Equipment Purchases ______--_.$ Publications and Printing _._.__.________.___.____-____$ Equipment Purchases _---------_.--------_._--____.$ Per Diem and Fees -_,,__-____,,._.--____-__.______._-___.$ Computer Charges __--_--____........................ .......$ Total Funds Budgeted ..................................^ State Funds Budgeted .....................................$ Total Positions Budgeted

104,874 332,100
1,000 --0-- 159,500
3,000 --0-- --0-- 600,474 600,474
11

7. Fuel and Measures Standards Budget:

Personal Services .............................................^ Regular Operating Expenses --_--_.--__----__--_$ Travel ..................................................$ Motor Vehicle Equipment Purchases _--___--__ $ Publications and Printing -.__.,,__.-__.___--__.___--__.? Equipment Purchases _----_----_.----____--_--_--.$ Per Diem and Fees --._.--_--_..--_--_--__--_-------$ Computer Charges __--__..____--_,,._.-_-__---__.--___--.$ Total Funds Budgeted ...................................$ State Funds Budgeted ______.__.._________._.______________.$
Total Positions Budgeted

635,030 75,400 63,700 22,980
6,600 12,500 --0-- --0-- 816,210 816,210
61

2282

JOURNAL OP THE SENATE,

8. Consumer Protection Budget:
Personal Services ..,,.-.,,_.-.-_._....,,....-_.....--.,,.-.$ Regular Operating Expenses ._.._,,._,,_....._...,,....,,-,$ Travel _--__--._-__,,._____..--_._,,___----_,,___-.___.___.__--_.--.. $ Motor Vehicle Equipment Purchases ,,_--.--.._-.$ Publications and Printing _.....-...--...--....--_----$ Equipment Purchases --,,_---_--__.__--_-__._.---__,,-.$ Per Diem and Fees ._______,,_-_._____.__,,__.,,__.,,_________..$ Computer Charges _--...--_........._._..__..--..._...,,.--.$ Total Funds Budgeted .-....-.,,......,,.._....._...,,....-..$ State Funds Budgeted _._____._____-..___.______-_____.____- $ Total Positions Budgeted

497,010 27,100 44,400 --0-- 2,500 2,000 1,000 --0-- 574,010 574,010
38

9. Consumer Protection Field Forces Budget:
Personal Services .._....,,.._--_..--._--..,,..._._....---.$ Regular Operating Expenses __,,--,,----_----_--,,.$ Travel _..._...-._-.,,...-_...-._...--_..,,....._...._-.....,,....,,..$ Motor Vehicle Equipment Purchases ----,,--__.--$ Publications and Printing ...._.....-____....,,._.,,--,,$ Equipment Purchases --..--.--......._._--____._--.-$ Per Diem and Fees .-._---..--..----..--_---..--_.----.$ Computer Charges _--_-_. .._.,,,,--_,,--___--........,,..._..$ Total Funds Budgeted _._._-__..--.,,.--_.....,,--....---$ State Funds Budgeted .....-...._.......-.._......_......-..-_-.$ Total Positions Budgeted

1,161,476 51,200 115,000 35,160 3,700 2,000
--0-- --0--
1,368,536 1,246,536
98

10. Meat Inspection Budget:
Personal Services ,,..-,,-...,,..-.-_....._..,,...._-..,,.....$ Regular Operating Expenses ,,-...--.--,,--.---..----.$ Travel -__..._..,,--..-.._._..._-_...-._._..,,..._-...-.._.$ Motor Vehicle Equipment Purchases -._,,....,,--._.$ Publications and Printing ._....,,..._,,...,,..........._.$ Equipment Purchases -._---.,,--_-_.---_---_.--._.._--.$ Per Diem and Fees _-_--_,,______--____--..-_______-_.__.____.$ Computer Charges -..._,,.-........__,,._....,,..._-_..,,-_..,,--.._$ Total Funds Budgeted ...._.._-_....-,,...,,....-_-....-...$ State Funds Budgeted ._...-...__,,..__-..___..._._-.._...,,$ Total Positions Budgeted

1,693,673 54,000 154,800
--0-- 3,200 1,000 63,000
--0-- 1,969,673
810,006
144

11. Georgia Agrirama Development Authority Budget:
Payments to Agrirama Authority for Operations ,,...,,....._...,,....,,._..._....._..._...._$
Total Funds Budgeted .-_.._.,,.....-__......-...-.--.--..._$ State Funds Budgeted ..-,,-_,,--.,,......_....._......-_,,$ Total Positions Budgeted

340,000 340,000 340,000
3

Budget Unit Object Classes:
Personal Services ..._-_.--...,,._.,,.....-..,,_....._..._.$. Regular Operating Expenses _...,,....__...._-..,,--_..$ Travel _,,.-._...,,__....,,.._..._.__.._,,._.,,...._..._...-.._$

9,878,081 1,023,425
724,000

TUESDAY, FEBRUARY 26, 1974

2283

Motor Vehicle Equipment Purchases .................. $ Publications and Printing ..___..__.._.....,,.....,,...__$ Equipment Purchases .._,,..,,...._ ____.,,__.._,,__.___,,_.$ Per Diem and Fees ___._,,__. ...._..________,,_______._..$
Computer Charges ,,__..,,-_......_._-_-_._.__._--_..--... $ Fire Ant Eradication ______..,,___,,,,__,,______.__.__._____..$ Athens Veterinary Laboratory Contract __----_. $ Tifton Veterinary Laboratory Contract _.__,,._. $ Poultry Improvement Contract _..._......_.--___..._.$ Veterinary Fees .__...,,-.._..-.-__-_..___-_._.._-.-._-._,,.$
Poultry Research Contract with Georgia Institute of Technology __,,..___,, $
Contract with University of Georgia to Study Asiatic New Castle Disease .--....._..._$
Payments to Agrirama Authority for Operations and Construction ...------------_._---.$
Indemnities ..-....._-..__...._-.-..,,...--...-__...-.-_.__..-_.. $ Advertising Contract ....._-....,,...._..._.__.._____..___-_..$ Authority Lease Rentals ......__.._.....____....._-...__-......$

170,020 240,050 76,900 71,900 85,620 1,500,000 200,000 300,000 415,000 525,000
125,000
250,000
340,000 100,000 35,000 945,000

Section 11. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance ___.._.._______,,_____.,,_-_______,,__.__,,_____ $

1,244,483

1. Administration Budget:
Personal Services ,,_._._____.___.,,_..__._.___.._____,,_-_,,_.__-___-.$ Regular Operating Expenses .-.---.._--..--..._--_-....$ Travel _..______.,,__..____-,,._-___-.__,,__.-_...$ Motor Vehicle Equipment Purchases --------_. $ Publications and Printing _..___...,,_..__.........._.,,.._.$ Equipment Purchases -------------------~~------ $ Per Diem and Fees ___,,._--_.___.___________._.__.__.-___--.__ $ Computer Charges .-..._...--.._...-.__-..---...,,_---.._.$ Total Funds Budgeted ....__....,,... _......_..___..__..._.$ State Funds Budgeted __..._,,.-.,,-..-_.....,,...__...._....$ Total Positions Budgeted

288,743 27,760
4,700 --0--
9,500 1,500
500 8,000 340,703 340,703
20

2. Examination Budget:
Personal Services --_._______-_._--_____,,____,,___-__--..___$ Regular Operating Expenses --.---,,.----..-----_..$ Travel ,,___________.______________.._______ .-__._.-.__...._.._...$ Motor Vehicle Equipment Purchases ..--__._____.$ Publications and Printing _---,,--,,.-- ,,-- -- --- $ Equipment Purchases ____--._-------_--_--_------._--..$ Per Diem and Fees ..-_-.-.-__,,.__...._...-._.-.--_..___._..$ Computer Charges ----_._---_--_----.--------------,,$ Total Funds Budgeted __._--__-__-__~__.~~__~__~-$ State Funds Budgeted ~------,,--_..__..--.--_--? Total Positions Budgeted
Budget Unit Object Classes:
Personal Services .....-..........--.....--...-...--...--..--I

719,405 2,615
180,500 --0-- --0--
1,260 --0-- --0-- 903,780 903,780
49
1,008,148

2284

JOURNAL OF THE SENATE,

Regular Operating Expenses ----_._--------------.$ Travel ........................ ..........................................^ Motor Vehicle Equipment Purchases ...............% Publications and Printing ............................% Equipment Purchases .....................................% Per Diem and Fees ....................................... ^ Computer Charges ----_----------------___,,__------ $

30,375 185,200 --0--
9,500 2,760
500 8,000

Section 12. Department of Community Development.
A. Budget Unit: Department of Community Development ...................... ................................^

7,784,347

1. Industry Budget:
Personal Services .--__----------..--------,,------ $ Regular Operating Expenses ...............................^ Travel ...................................................$ Motor Vehicle Equipment Purchases ................ ^ Publications and Printing .................................$ Equipment Purchases ------------____------------.$ Per Diem and Fees ...................................... ^ Computer Charges ----------------___-------------- Total Funds Budgeted ------------.__------------ $ State Funds Budgeted ............................$ Total Positions Budgeted

253,217 30,450 40,225 --0-- 2,000 --0--
4,500 --0-- 330,392 330,392
15

2. Research Budget:
Personal Services ........... ...............................$ Regular Operating Expenses ...............................^ Travel .................................................. ....^ Motor Vehicle Equipment Purchases ---------- $ Publications and Printing --------_------,,_------.$ Equipment Purchases ......................................^ Per Diem and Fees --------------------_----_------$ Computer Charges ------_--------------.._-------- $ Total Funds Budgeted --------------------__._------.$ State Funds Budgeted ................................ ^ Total Positions Budgeted

226,245 29,200
5,239 --0--
2,100 2,000 1,800 27,625 294,209 294,209
17

3. Tourist Budget:
Personal Services ................................................... ^ Regular Operating Expenses ...............................$ Travel ...................................................$ Motor Vehicle Equipment Purchases .------...--$ Publications and Printing ....................................^ Equipment Purchases ----------------------_----$ Per Diem and Fees ------------------------------$ Computer Charges ----------------------,,--------$ Capital Outlay ------------..----------..__.__._---$ Total Funds Budgeted ...................................... ^ State Funds Budgeted ...................................4 Total Positions Budgeted

644,860 413,624
30,398 --0--
300 6,100 42,300 4,000 10,000 1,151,582 1,151,582
70

TUESDAY, FEBRUARY 26, 1974

2285

4. Community Affairs Budget:
Personal Services __.._.__..-,,,,..-__..,,..--....._.._.__$ Regular Operating Expenses .._----.._..__--... $ Travel ------... -----------___--. $ Motor Vehicle Equipment Purchases ----..--.$ Publications and Printing _--_------------.-_$ Equipment Purchases ------------------..--.$ Per Diem and Fees ----__--------------..--_--.$ Computer Charges ------------__--__.--------.$ Total Funds Budgeted ---------.----------$ State Funds Budgeted __--_----._--.------$ Total Positions Budgeted

298,702 44,667 13,340 --0--
6,448 1,215 2,215 --0-- 366,587 122,196
18

5. Internal Administration Budget:
Personal Services _..--------.------_----.-----$ Regular Operating Expenses ..........._.........._......$ Travel ........ ...,,..........._........._..._....._......_.._$ Motor Vehicle Equipment Purchases .........._ .$ Publications and Printing ----------__-----_.-- $ Equipment Purchases --_----------__--------$ Per Diem and Fees ---- .----..--_--.------$ Computer Charges -----------_-____.__.._._.$ Total Funds Budgeted .------.__.._..........._$ State Funds Budgeted --.------_.--_------$ Total Positions Budgeted
6. International Budget:
Personal Services .--_..------------_._.--.--.__._..._$ Regular Operating Expenses ------._--_.___--------.$ Travel -------_---.------__.. ... ---------_----$ Motor Vehicle Equipment Purchases .--_.--..--.$ Publications and Printing ------_.------.----_--__._.$ Equipment Purchases _--__--_----__------_..__--$ Per Diem and Fees ------.--_.--.--------.-$ Computer Charges ___.______,,_______._,,.__.____,,_._._..__.___. $ Total Funds Budgeted .......-....-.......-._........_.....$ State Funds Budgeted --._..._-__.__--_.._.___..$ Total Positions Budgeted
7. Advertising Budget:
Advertising ..._._......,,.._.,,.._._..........___..._._._.__$ Total Funds Budgeted ......_............._...__._._...._$ State Funds Budgeted .._..__........_............__..._........$ Total Positions Budgeted
8. Grants to Area Planning and Development Commissions Budget:
Grants to Area Planning and Development Commissions _....,,____._..__._._$
Total Funds Budgeted .......... .........,,........_.._.. $ State Funds Budgeted -_......-.-....-.-....................$ Total Positions Budgeted

483,599 301,350
21,200 --0--
25,500 --0--
50,200 2,000 883,849 827,791
34
51,077 85,900 37,600 --0--
1,000 2,000 110,600 --0-- 288,177 288,177
3
750,000 750,000 750,000
--0--
1,170,000 1,170,000 1,170,000
--0--

2286

JOURNAL OF THE SENATE,

9. Area Development Budget:
HUD-701 Planning Grants .................................$ Total Funds Budgeted ................................ .^ State Funds Budgeted ...............................$ Total Positions Budgeted

2,300,000 2,300,000 --0--
--0--

10. Ports Authority Budget:

Outstanding Authority Lease Rentals .........__..,, $

Total Funds Budgeted

.__._,,.__.

$

State Funds Budgeted ...................... ...^

Total Positions Budgeted

2,850,000 2,850,000 2,850,000
--0--

Budget Unit Object Classes:
Personal Services -........______..........-.__----....__..__.....$ Regular Operating Expenses ................................$ Travel ................................... ..^ Motor Vehicle Equipment Purchases ----__----$ Publications and Printing __.___.__,,_--_--_,,____,,,,___ $ Equipment Purchases -_--____-.----_--__,,_,,_.----_- $ Per Diem and Fees ..........^....................................$ Computer Charges .................................. ^ Advertising ................................................... $ Grants to Area Planning and
Development Commissions ....--.._----_---._.._--.$ HUD-701 Planning Grants ....................................$ Capital Outlay _,,-.-....-.-.-.__-__-_...-...-._,,,,-_......$ Outstanding Authority Lease Rentals ____________.$

1,957,700 905,191 148,002 --0-- 37,348 11,315 211,615 33,625 750,000
1,170,000 2,300,000
10,000 2,850,000

Provided, that of the above appropriation relating to Capital Outlay, $10,000 is designated and com mitted for the planning of the West Georgia Welcome Center.
E. Budget Unit: State Crime Commission ............. ^

1,048,751

1. State Crime Commission Budget:
Personal Services ................................... .....^ Regular Operating Expenses _,,--...--_...__----_$ Travel ...............................................$ Motor Vehicle Equipment Purchases .............. ^ Publications and Printing ..,,..,,.__._,,..--._......_._,,$ Equipment Purchases ........ .................................^ Per Diem and Fees _........................................^ Computer Charges ......................... ..................^ Total Funds Budgeted ....................................... ^ State Funds Budgeted .................. .......^ Total Positions Budgeted

568,599 111,674
22,000 --0--
10,500 2,000 9,000
51,180 774,953
65,001 36

2. LEA A Grants Budget*
LEAA Action Local LEAA Action State ._.._.

8,436,528 5,397,222

TUESDAY, FEBRUARY 26, 1974

2287

LEAA Planning ___,,__..,,,,___._,,-.._.___.__.,,_._____._-$ Total Funds Budgeted _.__...__.__.____.-.._________,,_._..__.- $ State Funds Budgeted --------$ Total Positions Budgeted

460,000 14,293,750
983,750 --0--

Budget Unit Object Classes:
Personal Services _________.--__-------,,--_.--.--,,,,.----.$ Regular Operating Expenses -----__--.--_--__._ $ Travel ..,,.............-_-_..__---.----.--------$ Motor Vehicle Equipment Purchases ._------,,-- $ Publications and Printing ._,,.._.__.__..,,......._.___.._. $ Equipment Purchases __-----------------_--.,,..--.$ Per Diem and Fees --_,,---_,,__.----._._._--..---$ Computer Charges ________-----_____.--_---__,,------_._.$ LEAA Action Local ...,,....._.___.,,....-_____,,..........__.$ LEAA Action State ..._..........._..__...-...-,,.._-......__$ LEAA Planning _,,,,._,,___.___..,,.___.___-_____$

568,599 111,674
22,000 --0-- 10,500 2,000 9,000 51,180 8,436,528 5,397,222 460,000

For general administrative cost of operating the Department of Community Development, including ad vertising expense and Grants for Area Planning and Development Commissions. For general administrative cost of operating the State Crime Commission Office, including the State "buy-in" for Law Enforcement As sistance Agency grants to local governmental units.

Section 13. Office of Comptroller General-
Budget Unit: Office of Comptroller General ..----_-_.-.._.-.___.-...-...--.__.._....__.._--._-_.-.-_$

3,030,096

1. Internal Administration Budget:
Personal Services ----_--------_.--------_-----$ Regular Operating Expenses -.----.-...,,_--------.$ Travel _.________,,____.____,,._____________-_______..$ Motor Vehicle Equipment Purchases _------___-$ Publications and Printing --.--.___--...--_,,--.._,,__.$ Equipment Purchases ----------.---_--_.--,,--_----_,.$ Per Diem and Fees __..........__.........__........___............$ Computer Charges .____........,,__,,,,.--___....._,,_.._..._$ Total Funds Budgeted ,,_--.___--,,__._,-__.____. $ State Funds Budgeted _-........___...-..__._..._.___-.......$ Total Positions Budgeted

315,122 52,975 12,300
--0-- 4,400 275 8,000
--0-- 393,072 393,072
21

2. Insurance Regulation Budget:
Personal Services _.....__,,_,,...______..._.._._._...__...._.$ Regular Operating Expenses -,,-----_,,,,-_--___,,$ Travel .-.,,..-.-..,,._.-.-_.._...-.__....._.__......._._,,......,,$ Motor Vehicle Equipment Purchases ---_,,_.._.$ Publications and Printing ..,,.,,.....__..-.-....--__-.......$ Equipment Purchases ----------__-------_.--_--__--.$ Per Diem and Fees _-......___........___......._..._..........-,,$

499,100 21,350 7,000
--0-- 26,700 500 6,200

2288

JOURNAL OF THE SENATE,

Computer Charges ..--------..----..----..----.----.$ Total Funds Budgeted .........................................^ State Funds Budgeted .......................................^
Total Positions Budgeted

25,000 585,850 585,850
41

3. Industrial Loans Regulation Budget:
Personal Services ...............................................^ Regular Operating Expenses --..._.............----.$ Travel ..................................................................4 Motor Vehicle Equipment Purchases .........--..$ Publications and Printing ----------,----_------$ Equipment Purchases ................. ..................----$ Per Diem and Fees ...................................... ..^ Computer Charges .------------------,,------$ Total Funds Budgeted ......................................... ^ State Funds Budgeted ..........................................^ Total Positions Budgeted

205,099 19,200 14,500
--0-- 1,600
--0-- --0-- --0-- 240,399 240,399
16

4. Information and Enforcement Budget:
Personal Services ..................................................^ Regular Operating Expenses .............................. ^ Travel --.--__............_._.._..,,.___.........._,,___$ Motor Vehicle Equipment Purchases _----_......$ Publications and- Printing _----------___--------$ Equipment Purchases ----------_--------------$ Per Diem and Fees ----....-- -_------_--------$ Computer Charges .........................................$ Total Funds Budgeted ............................................$ State Funds Budgeted --------------.------------_$ Total Positions Budgeted

349,074 26,545 14,000 --0--
5,000 375
--0-- --0-- 394,994 394,994
30

5. Fire Safety and Mobile Home Regulation Budget:
Personal Services ...----..--_ .......................... ^ Regular Operating Expenses ----------__--.$ Travel .._........,,_----_--------------_------_------ $ Motor Vehicle Equipment Purchases --___......,,.$ Publications and Printing _----.-------------- -- $ Equipment Purchases ----------------.--------$ Per Diem and Fees ......................... ............if Computer Charges ......................................^ Total Funds Budgeted ......................... ..^ State Funds Budgeted --,,--,,-----------------$ Total Positions Budgeted

1,147,831 44,300 204,200
--0--
17,500 1,950 --0-- --0--
1,415,781 1,415,781
113

Budget Unit Object Classes:
Personal Services .....___.----..-..............--...-.$ Regular Operating Expenses ................................^ Travel ----.__. .......^.... .......................^ Motor Vehicle Equipment Purchases ................$ Publications and Printing .__------------------$

2,516,226 164,370 252,000 --0-- 55,200

TUESDAY, FEBRUARY 26, 1974

2289

Equipment Purchases .,,_--..._..................._________--$ Per Diem and Fees ----_,,,,______,,__----__,,_____._________._$ Computer Charges __.........._..................................,,$

3,100 14,200 25,000

Section 14. Department of Defense. Budget Unit: Department of Defense ,,_.__,,_,,,,------$

1,698,523

1. Administration and Support of State Militia Budget:
Personal Services ___.___--------------$ Regular Operating Expenses --------------------$ Travel _._._____,,__,,._.__..,--------$ Motor Vehicle Equipment Purchases ______.___----$ Publications and Printing ---,,_.__._--------_--_----_$ Equipment Purchases ------..--------------------$ Per Diem and Fees ,,__.,,..___._,,._,,._,,.,,-----$ Computer Charges __,,_______-_,,,,_-__,,.____.--------------$ National Guard Unit Grants __,,._,,..._._------------$ Georgia Military Institute Grant _,,,,_------------.$ Civil Air Patrol Contract ------------------------.$ Total Funds Budgeted -_--------------_._,,__.._.____..$ State Funds Budgeted ..................................-.........$ Total Positions Budgeted

520,795 84,600
5,500 --0--
21,500 26,100 8,500 --0-- 200,000 16,000 50,000 932,995 932,995
36

2. Civil Defense Budget:
Personal Services _,,_--____________________,,_____._.____,,,,,,_____,,$ Regular Operating Expenses --------_------,,.-- $ Travel _-,,,,_,,.._._._..,,------------------------------------$ Motor Vehicle Equipment Purchases ---------- $ Publications and Printing ..................,,,,__.,,.......$ Equipment Purchases ----------------------------$ Per Diem and Fees _______......... _,,_____--.,,.................$ Computer Charges _,,_______-.___._,,--,,___,,._----.._,,..,,,,$ Total Funds Budgeted __----._--.------_------------$ State Funds Budgeted -----------------------.$ Total Positions Budgeted

446,740 67,400 20,000
--0-- 6,500 50,000 100
--0-- 590,740 310,198
33

3. Community Shelter Planning Budget:
Personal Services ____________,,._._____________________...__..________ $ Regular Operating Expenses ._,,___.___,,_,,,,.-._--__--. $ Travel _,,..-_--------._.----______.------_------,,_._,,._,,_.,,. $ Motor Vehicle Equipment Purchases --........,,--..$ Publications and Printing ....................................I Equipment Purchases _____,,_____.___,,,,____,,,,_____,,__,,_______ $ Per Diem and Fees .......,,....._.....,,..._..,,_...........,,.....$ Computer Charges _________--__,,_________________________._______.$ Total Funds Budgeted --------,,_,,_.._.______,,__.--_...-$ State Funds Budgeted ----------_--------------,,,,-$ Total Positions Budgeted
4. Armory Maintenance and Repair Budget:
Personal Services --,,--_,,,,,,----_,,--__----------------$

93,221 3,500 12,500 --0-- --0-- 2,000 --0-- --0-- 111,221 --0--
7
61,060

2290

JOURNAL OF THE SENATE,

Regular Operating Expenses ------------------$ Travel ____________________________________________ _______4
Motor Vehicle Equipment Purchases ------------$ Publications and Printing ----------------------$ Equipment Purchases ----------------------------$ Per Diem and Fees ---------------------------------$ Computer Charges __------------... ,, .--...-- $ Total Funds Budgeted ____________________ ____^ State Funds Budgeted --------------------------- $ Total Positions Budgeted

145,270 3,000
--0-- --0--
5,000 --0-- --0-- 214,330 214,330
5

5. Service Contracts Budget:
Personal Services ------------------------------ $ Regular Operating Expenses ------ ---------- $ Travel _________________ ______^% Motor Vehicle Equipment Purchases ---------- $ Publications and Printing ________________ ___,_____^ Equipment Purchases --------------------------$ Per Diem and Fees -------------- ___--------.$ Computer Charges _____________________________ ___^ Total Funds Budgeted ___________ ^ State Funds Budgeted _______________________ _^ Total Positions Budgeted

1,065,606 146,808 1,000 --0-- --0-- --0-- --0-- --0--
1,213,414 241,000 112

Budget Unit Object Classes:
Personal Services _____________________________ __^ Regular Operating Expenses ----------------------$ Travel _------------------------------------------------$ Motor Vehicle Equipment Purchases ----------$ Publications and P'rinting _______________________ _____4 Equipment Purchases ______________________ ____^ Per Diem and Fees _.__________________._____________$ Computer Charges ------__------___-- ___,,._......,,__,,$ National Guard Units Grants ----_--------_______--$ Georgia Military Institute Grant _______.----------$ Civil Air Patrol Contract ___________ ______4

2,187,422 447,578 42,000 --0-- 28,000 83,100
8,600 --0-- 200,000
16,000 50,000

Section 15. State Board of Education-- Department of Education.
A. Budget Unit: Department of Education ..------ $ 589,963,735

1. General Education Budget:
Personal Services _______________________.__________$ Regular Operating Expenses ,,----.......------.....,,-$ Travel _________________.________._________$ Motor Vehicle Equipment Purchases _______________.$ Publications and Printing ____.----_______.----------$ Equipment Purchases _________._____________________$ Per Diem and Fees _.____________________________$ Computer Charges --------------____--------........_,,$

797,847 221,551
48,819 --0--
68,504 7,600 37,683
--0--

TUESDAY, FEBRUARY 26, 1974

2291

MFPE Grants:

Section 11 Teachers Salaries _,,._._..._.-_-.._,,.__ $ 273,451,000

Section 12 Teachers Salaries _-----_---.$ 46,869,000

Section 13 Maintenance, Operation

and Sick Leave ____._____-____-__-___.._.-_-,,.-__.$ 42,276,000

Section 17 Isolated Schools _.____,,_.-___.--_-__._._$

62,000

Section 19 Travel __...__..._-..__...-_...-_..-._-.._..--....$ 941,000

Non-MFPE Grants:

Mid-term Adjustment ...-_...,,..,,.._-...___._...,,..-.$ 2,585,477

Teacher Retirement ._.._..__..._.._....__...._...._........$ 27,669,500

Driver Education .__..-_-..._.....-_....-.._-..._.-_,...__....$ 375,000

Cooperative Educational Service Agencies ... $ 2,502,000

Superintendents' Salaries ,,_.............._.._...._...,,.. $ 2,913,000

Instructional Assistance _.______--.___-_______-________.$ 7,000,000

Education of Children from Low-Income

Families (Migratory) __,,__----___.,,.------ $ 431,000

Total Funds Budgeted -___-__._.___-._-__________._..___._____.$ 408,256,981

State Funds Budgeted .__-.-_.._-..._,,..,,.._-..._,,.._...__.._.$ 407,155,758

Total Positions Budgeted

45

2. Early Childhood Education Budget:
Personal Services ______..__--._-,,___--__--_..--____-_____$ Regular Operating Expenses _.----_...__--__,,_.--_....$ Travel __,,..._..._.._...........__..._......._........,,.._..,,_....,,.$ Motor Vehicle Equipment Purchases ,,__-__-.____$ Publications and Printing ------,,-__-__--_--__-__-_$ Equipment Purchases --._--__,,_-__._-,,--_--__--__-_$ Per Diem and Fees -_.__...._..._.-.--.,,..._..._-.,,_.__,,.,,...$ Computer Charges ------------_..,,_--.__._.--.---,,..,,_.$

106,320 10,638 11,000 --0-- 4,500
500 600 --0--

Grants:
Pre-School Training ._.__....__,,_..__..._...,,..........._...$ Pre-School Pupil Transportation -.,,..___.._..,,_.$ Total Funds Budgeted --.-.-.___.______$ State Funds Budgeted ---.-_--_-___....__.,,_,,_,,__.$ Total Positions Budgeted

4,433,043 1,079,384 5,645,985 5,645,985
7

3. Regular Vocational Education Budget: Personal Services ..._.._...._-..__.._...,,.._..,,..._____.__._.$ Regular Operating Expenses ,,___--_--,,-___,,-___.,,__$ Travel ..__.._...__.__-.__-..__-_.__...._.,,-.-_-.-.-.-_-.._-..._._..$ Motor Vehicle Equipment Purchases ,,--_-,,,,_,,$ Publications and Printing .._--_..-_..,,.,,_..._..__..._...._$ Equipment Purchases _..-_....-.-_..._..._...__..-__,,_.__.,,$ Per Diem and Fees --.--..,,-----_-..__.-,,--___.--,,..,,,,$ Computer Charges _.,,..._.,,__._.._..._..,,............,,...,,.$

1,929,485 133,601 132,353 --0-- 24,504 9,890 7,700 698,817

Grants:
High School Program ..._....__...._..,,..,,...__..._..._.....$ 16,874,000 Teacher Retirement .......,,...__,,,,,,__..__...__..._..._...$ 2,018,000

2292

JOURNAL OF THE SENATE,

Teacher Training and Research .....,,_,,_.__.._.$ Adult Education ,,_.___.,,-._..,,,.._.____-...-__$ Area Vocational Technical Schools _,,____,,--_.$ Manpower Development and Training _--,,--,,$ General Obligation Bonds ,,--,,.__----_--,,,,----,,-.$ Total Funds Budgeted _._..._.._..._._,,__,,__._$ State Funds Budgeted __..............._.....____.._,,,,._. $ Total Positions Budgeted

833,503 2,279,000 27,822,000 3,160,000 --0-- 55,922,853 38,946,110
135

4. Special Education Budget:
Personal Services _..-,,._-..,,.....___-.....__....,,....,,----.$ Regular Operating Expenses --..._--.,,,,--_--..-- $ Travel _-----_--_.---------$ Motor Vehicle Equipment Purchases .----_.,,.-_.$ Publications and Printing -__.-_--__--___---_,,------.$ Equipment Purchases -,,---.--------------------.$ Per Diem and Fees ..-_.....,,.....,,-..,,-.-__..--...,,$ Computer Charges .,,..-._,,--------_---,,_.--,,--.,,,,--.$

365,142
51,200 41,900 --0-- 2,791 3,500 3,000 --0--

MFPE Grants:
Section 13 Maintenance, Operation and Sick Leave .-._.-..--_..._-_...,,_.-,,._._...-,,.$
Section 18 Transportation ________________,,,,_,,.$ Section 19 Travel -...,,...-_..-..._,,-..-.,,..-.__...._..._.$ Section 20 Teachers Salaries .........-,,,,.,,_----..?

5,721,000 1,745,220
85,000 35,550,000

Non-MFPE Grants:
Instructional Services for the Handicapped --_____--__--_._-,,--------.$
Preparation of Professional Personnel in Education of Handicapped Children .__....__.$
Educational Training Services for the Mentally Retarded ___--_,,___.___,,_,,__.$
Tuition for the Multi-handicapped ...--_._--_..$ Severely Emotionally Disturbed ....,,...,,_....-.. $ Teacher Retirement .._..-.....--_._.._.,,....___.--._$ Total Funds Budgeted _---------_-----$ State Funds Budgeted .-..-,,....-,,......._.._,,_..,,.-,,.$ Total Positions Budgeted

767,655
93,072
250,000 522,000 4,036,800 3,021,000 52,259,280 51,180,774
25

5. Compensatory Education Budget:
Personal Services .,,-.-._.-_...__._...._.-...-._...--$ Regular Operating Expenses --.,,---.__--_-__--,,_._$ Travel ..-.............-.-.-.......---..-----....---.-I Motor Vehicle Equipment Purchases __--------_-$ Publications and Printing _..._.__--.-_..,, ..._..--.,,$ Equipment Purchases ._--..,,_--..,,.---_--...------.,,.-? Per Diem and Fees _-...._....,,...--,,_...._._-...,,_.._,,...._.$ Computer Charges _-------_---..----,,-------------$ Education of Children of
Low-Income Families .,,........__-...._...,,.,,.....__-..._-$

287,170 27,644 16,400 --0--
750 306 100 --0--
41,483,227

TUESDAY, FEBRUARY 26, 1974

2293

Total Funds Budgeted ____,,....... ......................... $ 41,815,597

State Funds Budgeted ..................................^

43,904

Total Positions Budgeted

23

6. Instructional Materials Budget:
Personal Services ......................................$ Regular Operating Expenses ................................$ Travel .....................................................^ Motor Vehicle Equipment Purchases .............. $ Publications and Printing ......................... _._$ Equipment Purchases ............................................$ Per Diem and Fees ..........................................$ Computer Charges _,,_________________,,__.,,-_,,________________.$

123,394 64,373 11,265
--0-- 20,988 10,000 1,000
--0--

MFPE Grants: Instructional Media ,,____________________--______--_______$

9,248,000

Non-MPPE Grants:

School Library Resources and

Other Materials ............................................$

Strengthening Instruction in

Critical Subjects ................._...--_---____.__,,_..$

Total Funds Budgeted ........................

4

State Funds Budgeted ......................................$

Total Positions Budgeted

1,925,000
1,707,947 13,111,967
9,316,361 11

7. Educational Media Budget:
Personal Services .................................................$ Regular Operating Expenses ._..........------------.$ Travel ..........................................$ Motor Vehicle Equipment Purchases ,,_--,,..---- $ Publications and Printing ....................................^ Equipment Purchases ----__----__--,,--_-----------$ Per Diem and Fees ...........................--...,,.....--.__.$ Computer Charges _---.--,,,,..--,,...--..----------.----.$ Authority Lease Rentals .-..._..._.._._.___.-..._....-...... $ Capital Outlay ..-...................._...........,,-_._-______._..-..$

2,219,606 1,273,324
61,601 4,800 89,171 13,943 103,033 --0-- 333,204 35,000

Grants:
Summer Library Supervisory Program ,,,,___.$ Educational Television ......-........_..-.............--.? Total Funds Budgeted ........................................... ^ State Funds Budgeted ,,_..-.-..........._.......-.....-....$ Total Positions Budgeted ,,...,,,,..__......_-..,,.-,,.-.,,...$

59,252 56,186 4,249,120 4,124,587
194

8. Pupil Personnel Services Budget:
Personal Services ............................................. ^ Regular Operating Expenses ................--......-..-$ Travel ._...._.....-,,.-........-..................-....---.-.....--.-1 Motor Vehicle Equipment Purchases ...............^

270,726 33,917 19,300 --0--

2294

JOURNAL OF THE SENATE,

Publications and Printing .______......,,.___.___.,,._.,,.....$ Equipment Purchases -----_,,--.--,,_--,,_,,--,,--..--.$ Per Diem and Fees _,,,,__,,____,,_.__.___,,____,,,,,,$ Computer Charges .--..-.._..-._..___..,,..,,......_._.___.__..__..$

1,400 250
3,919 --0--

Grants:
Psychological Services __--_________-.___--_,,___,,_____.$ Guidance, Counselling and Testing .,,.....__,,.,,__.$ Total Funds Budgeted ....____.__......_..._._______..........$ State Funds Budgeted ___.____.__.....__.._._..__...-......-...__.$ Total Positions Budgeted

48,000 200,000 577,512 539,047
15

9. Ancillary Services Budget:
Personal Services __._,,..._,,___.._______.____-___-__-______,,.____.$ Regular Operating Expenses _,,.........----..._.._______ $ Travel _._,,.,,._.._._._______..__.. ...-_.____-__-.._,,.........,,__.$ Motor Vehicle Equipment Purchases _______________.$ Publications and Printing ___..__.............._.._______....$ Equipment Purchases .._.__.-._.._._.,,...-......._.,,__._____.,,$ Per Diem and Fees .-_.-.-.-_.___._____....,,....-...-...--_____,,.$ Computer Charges ....__.......--.._._.......-.----.--.-.._..____$

650,622 65,145 56,498
--0-- 8,933 2,484 6,699
--0--

MFPE Grants: Section 18 Pupil Transportation _.___,,_________,,$ 23,633,000

Non-MFPE Grant:

School Lunch ___..,,..............,,..._._______.._..______..__....$ 65,660,000

Grants to School Systems for Authority Lease

Rentals Payments to Georgia Education

Authority (Schools) _.___.______._.._....__................$ 26,804,591

State of Georgia General Obligation

Debt Sinking Fund/Authority

Lease Rentals .,,____.________,,,,__,,,,___,,,,.___$ 2,650,000

Grants Direct to School Systems

for Capital Outlay Purposes ....,,_.__...__._______..__.$ 624,243

Total Funds Budgeted _,,..,,.,,......_.._,,$ 120,162,215

State Funds Budgeted .............

^ ...... ....^ $ 61,840,208

Total Positions Budgeted

48

10. Statewide Leadership Budget:
Personal Services ,,____.________.____,,_,,__.____.__________.__.____$ Regular Operating Expenses .,,..--------.----_.,,,,$ Travel ___.____-_,,...............-...__..__...____...._......._-___,,_._....$ Motor Vehicle Equipment Purchases __..._._,,.__$ Publications and Printing ......,,___.._....................__$ Equipment Purchases -,,--..-...__.___.,,--,,-_,,.----.--.$ Per Diem and Fees ____._._,,........_.___..__.._..................$ Computer Charges --------,,_---___-____----__--,,,,---.$ Total Funds Budgeted ___...-........._-..__.___.____._-.,,..._$ State Funds Budgeted ____.___.-...._._..__.___..__.___-__._-$ Total Positions Budgeted

662,471
30,725 42,100 --0-- 4,739 4,000
6,000 --0-- 750,035 702,630
41

TUESDAY, FEBRUARY 26, 1974

2295

11. Financial Services Budget:
Personal Services ...._-.-_._-_._-..._..__..__..,,-...-.._$ Regular Operating Expenses ,,____________,,___,,_________$ Travel -_-___-_-----_._.__..$ Motor Vehicle Equipment Purchases --------__$ Publications and Printing ____.,,.,,_________._____________$ Equipment Purchases ----_--_--.--_._---,,--------_-$ Per Diem and Fees _._---____..___._____.__.____..______________$ Computer Charges -_,,-.,,-..,,._,,._.-__.-.__--__,,_._.,,..$ Total Funds Budgeted ._-_...-..._.._..._...___..__..,,..._...$ State Funds Budgeted .J.___-..._.....-.__..__...._._._._......$ Total Positions Budgeted

234,447 19,194 17,939
--0-- 12,376 2,148
--0-- --0-- 286,104 220,541
16

12. Program and Staff Development Budget:
Personal Services ....._...__...___,,..__...__...__..._.,,_._.._....$ Regular Operating Expenses --_.--..--._----__--_ $ Travel __________._,,__-__-_.__..___.____._,,.________._ ..___..._..._..$ Motor Vehicle Equipment Purchases ----.--_--_..$ Publications and Printing .___,,.______________________.$ Equipment Purchases _...--.,,.._,,.._,,-__.-_.___.-..__...$ Per Diem and Fees .._,,.-----_.-_-.-_-..-_-._--..__..._...__....$ Computer Charges ---.------.--,,------__---_----_.--$

609,946 375,010
22,981 --0--
9,225 4,447 12,360 --0--

Grants:
Supervising Teachers --.--.._.,,__.-,,__.__.._...__..$ Supplementary Education
Centers and Services -.__-.,,.---..__-.___,,.__..,,,,_.$ Teacher Scholarships ,,--_--_-_-_-_____--_,,___,,___.___.$ In-Service Grants -...__...__.__...,,...-..._,,.._-_.._,,..__._.$ Total Funds Budgeted -.._._.,,.._.,,.,,..,,$ State Funds Budgeted -__,,-__...._.__.________-__._____.__.._._.$ Total Positions Budgeted

145,000
2,504,951 131,000 490,000
4,304,920 1,613,891
48

13. Public Library Services Budget:
Personal Services .__-__._-____--._-__.,,_.________________.______..$ Regular Operating Expenses --.---.-----..--_-.--._- $ Travel .__-.__-__.-..__-._....___...._...__...__.__..___..._..___..,,..___$ Motor Vehicle Equipment Purchases .___.___.,,__..__.$ Publications and Printing ___-._..___.__..._...,,______..__.$ Equipment Purchases __-__-___,,.__.____._-__,,___.,,..__,,_.$ Per Diem and Fees .___--__-____.____.____._______.,,__,,____.___$ Computer Charges ._-__.--.._...--.-..._-..__,,.._-..._..-_.--$

603,529 191,102
9,007 --0--
9,255 35,958
600 --0--

Grants:
Salaries and Travel of Public Librarians -_. $ Public Library Services and Materials ..._..... $ Teacher Retirement __....__..__...__-..__...__....__..-__..._.$ Public Library Construction ____._____..,,__________,, $ Total Funds Budgeted ___________.___._____._____.._______...__-_.$ State Funds Budgeted ,,..__...._.............._..._.........._._$ Total Positions Budgeted

2,435,000 2,080,917
197,000 1,725,000 7,287,368 6,583,447
59

2296

JOURNAL OF THE SENATE,

14. Staff Services Budget:
Personal Services _...__-....._--._.,,__--....__......_,,--..._.$ Regular Operating Expenses ._...--.-....--_--..._--...$ Travel __....._._....___-...._._-....___....,,._-_......___......_......._._.. $ Motor Vehicle Equipment Purchases .--._____._._,,_.$ Publications and Printing ,,_,,.._._...__ .._,,,,,,$ Equipment Purchases .,,.._-.--_.__,,.--._._----__.--.--_.$ Per Diem and Fees .._.-.....___........_-.......-.....__-..._.$ Computer Charges __,,-,,.__.____..,,,,...-.__...--._$ Total Funds Budgeted .._,,...._.__........_-....._,,......_..-.$ State Funds Budgeted __,,_____.__________,,___._______________.$ Total Positions Budgeted

1,433,880 154,372 19,256 --0-- 88,390 10,546 1,000 575,000
2,282,444 1,747,153
112

15. State Board and State Superintendent Budget:
Personal Services ....................................................I Regular Operating Expenses .--_--__----.____----.$ Travel _..______.----.--$ Motor Vehicle Equipment Purchases --_____--_-.$ Publications and Printing _,,,,_,,____--_,,,,--,,$ Equipment Purchases __.--------,,----_.-----_------.$ Per Diem and Fees _.___._______,,__-____.._______.__.__,,__-.__.$ Computer Charges ,,_.-__----,,_.-.--,,_,,--,,_...------.$ Total Funds Budgeted .__......._......_-_-...._,,.....,,.--..$ State Funds Budgeted .__.....,,...-....__,,...._._......,,.....$ Total Positions Budgeted
16. Surplus Property Budget:
Personal Services ...._-...._-......__.....__---..._....,,__..$ Regular Operating Expenses _,,---__--._----------.$ Travel _-__._-___-__.--.--_--,,----$ Motor Vehicle Equipment Purchases --..--,,----$ Publications and Printing -._------__..._.--.--_------$ Equipment Purchases _____,,,,______,,____--____----.._ $ Per Diem and Fees ___.____,,-____,,,,__,,--_,----_$ Computer Charges ----...--_--.------_------,,-------$ Total Funds Budgeted .....__......._--...,,.,,.... _____.,, $ State Funds Budgeted ...___......._........_......._.......,,....$ Total Positions Budgeted
17. U.S.D.A. Food Distribution Budget:
Personal Services _.__.__.__,,______.______--_____,,,,________.___.$ Regular Operating Expenses ......,,__-...---....,,--....$ Travel ..___......,,......__-...___......,_..-......._.......-..............$ Motor Vehicle Equipment Purchases _,,__--,,_---.$ Publications and Printing _..._,,.._..__--...,,.--..--...$ Equipment Purchases .._..----..,,---.--_.--..--_------.$ Per Diem and Fees .....-......_-.,,....._-....-.,,.....,,...-,,.$ Computer Charges ------_,,.--.--.-----------_----..__$ Total Funds Budgeted ......-_._...-.,,..............-...._..-$ State Funds Budgeted ......_........-......-.......,,......-..$ Total Positions Budgeted

178,265 49,341 10,500 --0-- 11,100 1,000 66,200 --0-- 316,406 202,522
9
394,208 142,319
16,000 --0--
2,500 12,000 --0-- --0-- 567,027 --0--
40
160,393 6,686 18,500
--0-- 750 500
--0-- --0-- 186,829 100,817
14

TUESDAY, FEBRUARY 26, 1974

2297

Budget Unit Object Classes:
Personal Services _......--------..--........................I Regular Operating Expenses ___-.__..__.._................_.$ Travel -------- $ Motor Vehicle Equipment Purchases --_....--...$ Publications and Printing ____--___------------_.___._.$ Equipment Purchases _------_--__._....-.......----_____.$ Per Diem and Fees --------.._.......-...-.-.--______.$ Computer Charges ------........-......-......._....--__..__.$

11,027,451 2,850,142
555,419 4,800
359,876 119,072 249,894 1,273,817

MFPE Grants:

Section 11 Teachers Salaries --------..............$ 273,451,000

Section 12 Teachers Salaries --------.............$ 46,869,000

Section 13 Maintenance,

Operation and Sick Leave .----___..______________.$ 47,997,000

Section 15 Instructional Materials ................I 9,248,000

Section 17 Isolated Schools ._................_.........$

62,000

Section 18 Pupil Transportation--

Regular ------------------------------ $ 23,633,000

Section 18 Pupil Transportation--

Special --------------------------------$ 1,745,220

Section 19 Travel --------------------._$ 941,000

Section 19 Travel--Special ........----------____$

85,000

Section 20 Teachers Salaries ----__.__.__________. $ 35,550,000

Section 48 Mid-Term Adjustment ............_.....$ 2,585,477

Non-MFPE Grants:
Teacher Retirement -------------------------- $ Driver Education __________________________________ $ Cooperative Educational
Service Agencies ----------------------------.$ Superintendent's Salaries .........._.....................$ Instructional Assistance -------------------- $ Education of Children from
Low-Income Families ___.___.______.___._____.__.,,,,....$ High School Program _______..._.....___..___._.____.____.._$ Teacher Training and Research ..................... $ Adult Education ..._.._.__..-.-......_..........__....___._.__.__.$ Area Vocational-Technical Schools ................$ Manpower Development and Training ....--.___.$ Instructional Services for the
Handicapped _-____..._...-..--_._.............................. $ Preparation of Professional Personnel in
Education of Handicapped Children __..___._._ $ Educational Training Services
for the Mentally Retarded ........................... $ Tuition for the Multi-Handicapped ..........._._..$ Severely Emotionally Disturbed .................___. $ Strengthening Instruction in
Critical Subjects -..__-__.,,-.__-.......................... $ School Library Resources and
Other Materials ..................__........_.................$

32,905,500 375,000
2,502,000 2,913,000 7,000,000
41,914,227 16,874,000
833,503 2,279,000 27,822,000 3,160,000
767,655
93,072
250,000 522,000 4,036,800
1,707,947
1,925,000

2298

JOURNAL OF THE SENATE,

Summer Library Supervisory Program -._..__$

Educational Television ................. .......^

Psychological Services .............................^

Guidance, Counselling and Testing .......__._._...$

School Lunch ,,___,,___,,____________,,,,_,,____,,___$

Supervising Teachers ........................................^

Supplementary Education Centers

and Services .................................$

Teacher Scholarships ....................... ....^

In-Service Grants .,,_________....--......___._____......,,__....$

Salaries and Travel of Public Librarians _____ $

Public Library Construction ________________ $

Public Library Services and Materials .......$

Pre-School Training -_-,,.__.__--_._______ ......_$

Pupil Transportation (Pre-School) .______-___--.$

Capital Outlay -_,,_----___----__.,,_.__-_..___$

Authority Lease Rentals ._____...__.___

$

State of Georgia General Obligation Debt

Sinking Fund/Authority Lease Rentals ___._.___.$

Grants to School Systems for A.L.R.

payments to Georgia Educational

Authority (Schools) ......................4

Direct Grants to School Systems

for Capital Outlay Purposes ............^

59,252 56,186 48,000 200,000 65,660,000 145,000
2,504,951 131,000 490,000
2,435,000 1,725,000 2,080,917 4,433,043 1,079,384
35,000 333,204
2,650,000
26,804,591
624,243

B. Budget Unit: Institutions ........................^ 8,182,639

1. North Georgia Vocational-Technical School Budget:
Personal Services _._______________________________$ Regular Operating Expenses ................................^ Travel .................... ....^ Motor Vehicle Equipment Purchases ..................^ Publications and Printing ...........................$ Equipment Purchases ..................... ......^ Per Diem and Fees .__._----____,,--__.,,____--___----_--.$ Computer Charges ___.--.--_._____,,--...,,____-.--,,--_-.--.$ Capital Outlay ...................................$ Authority Lease Rentals .-,..__._--.......__.--.--_._.--.$ Total Funds Budgeted .......... ....................4 State Funds Budgeted -_....,...____.___-..._.__._...-,,.._..___.$ Total Positions Budgeted

1,164,943 366,264 13,500 --0-- 4,150 82,000 --0-- --0-- 720,000 54,750
2,405,607 1,564,562
95

2. South Georgia Vocational-Technical School Budget:
Personal Services ........................... ..^ Regular Operating Expenses .......--_.....-----......._$ Travel ......................................................................I Motor Vehicle Equipment Purchases _...--,,__--.$ Publications and Printing ....................... ^ Equipment Purchases ............................... ^ Per Diem and Fees ............................ ........^ Computer Charges ...................................$ Capital Outlay ..................................^

1,015,664 274,720 12,000 12,000 3,300 110,000 --0-- --0--
--0--

TUESDAY, FEBRUARY 26, 1974

2299

Authority Lease Rentals ._.._.._..._._.,,,,._..._........_... $ Total Funds Budgeted -_.._._.._._.______--__._,,._.,,__.._,,_$ State Funds Budgeted --_______._.._,,...-...,,.-._._._._..$ Total Positions Budgeted

49,315 1,476,999 1,070,374
82

3. Georgia Academy for the Blind Budget:
Personal Services .._-._-..--..-......-.,,.-.._._...._._.___,,..$ Regular Operating Expenses --.----..._..~.__.__--. .$ Travel ._.--------.--.___. $ Motor Vehicle Equipment Purchases ._...._.,,--_..$ Publications and Printing __.__.,,____,,_,,___,,_,,,,,,_,,.$ Equipment Purchases _._,,....--,,--.--__.--.------._.,,.$ Per Diem and Fees ___-._._-..._.__.._._...,,,,..._,,...,,...,,.$ Computer Charges ______.----._._.--_-____----_--_.$ Capital Outlay ______.__,,______.__._._.___.___._.___________._,,$ Total Funds Budgeted ._...._._.-_._._-_._,,._.__.,,_.._.$ State Funds Budgeted __...___.____,,___.___._.___.______..$ Total Positions Budgeted

1,208,983 212,557 8,500 8,500 4,240 37,712 6,600 --0-- 313,500
1,800,592 1,641,838
151

4. Georgia School for the Deaf Budget:
Personal Services _,,__..__,,_-___,,_--,,____._______..____.$ Regular Operating Expenses .-.-.-...,,.__._._.___.__.$ Travel -__-_.____.._--__-____._._-_,,_____________.-,,_.--__,,____.______$ Motor Vehicle Equipment Purchases _.--_--.._--_$ Publications and Printing --,,,,--_,,_,,-_.________,,_,,$ Equipment Purchases --____--_._,,.._.___,,______.._____,,,,__$ Per Diem and Fees ___._,,_._...____,,,,_.--___.______,,____._._._$ Computer Charges -_----,,,,__----_-----_--_-_-___.__-__.$ Capital Outlay __.,,_._-__._._-,,_._.___.,,_-_______._.__.,,______._.$ Authority Lease Rentals .__.__.___--_,,-_.__._____,,____.._.__.$ Total Funds Budgeted _.._....-,,.-....-.-._..-_._...,,..-.... $ State Funds Budgeted ._-,,_...._._.-_._..,,.._.-._._-_._._-,,.$ Total Positions Budgeted

2,347,442 385,598 4,000 2,200 --0-- 20,000 1,000 --0-- --0-- 23,400
2,783,640 2,486,552
284

5. Atlanta Area School for the Deaf Budget:
Personal Services __.___._.____.____._.___._.._._.__.___-._._.._.___ $ Regular Operating Expenses ,,._.,,..-...-..._-..._.,,......$ Travel __.____.._________.._____,,.__.._.__._.______-____-_.____-.___._.___._. $ Motor Vehicle Equipment Purchases ________,,_.___-$ Publications and Printing ....-_...-_.,,-_-_-.,,_._.-.-_.__..$ Equipment Purchases ._.___._...._...-_._-._._,,.._._-_._-.._.$ Per Diem and Fees _-_..-._..-......_._-_._._...,,.__,,..._.$ Computer Charges ----.----_---__--_---,,----___--_.$ Capital Outlay -__-___..___,,.____._..___.__-__.___,,___._______.__-$ Total Funds Budgeted ............._-._._._..-.__-_.._._-..$ State Funds Budgeted ........................................I Total Positions Budgeted

463,117 165,862
4,000 --0--
500 40,122 2,000 --0-- 43,000 718,601 713,246
47

6. Alto Education and Evaluation Center Budget:
Personal Services ,,_._._.,,,,._.-....__._..,,_._.._....-......_._....$ Regular Operating Expenses ..._._......,,..,,.._--._-.....$

609,767 58,040

2300

JOURNAL OF THE SENATE,

Travel .._..._.._..,,.._.,,..--._-..._..,,__..,,.--._.__..--.--. $ Motor Vehicle Equipment Purchases __.__.__.--.$ Publications and Printing ____._,,___.______,,.__.__..$ Equipment Purchases ,,_.,,_______.__--__---,,,,,,___--____..$ Per Diem and Fees .__-,,....._.._..__.._..._.._..,,.._..._.._..-.$ Computer Charges __._.__--_._,,._-___-._.,,._,,._.._.._._....$ Capital Outlay _._--.__-_._-__._.__...__._____..__._,,___._.____-____.$ Total Funds Budgeted _-_____.__.___.__..-___________..,,___.$ State Funds Budgeted .__..__.,,.._..,,.__-.._..._.,,,,._-...$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ,,.._..__.-._.._...._......-.,,..-.......-.,,...$ Regular Operating Expenses .....--.--.._........_,,-- $ Travel -___,,_,,_._-_____-____.___-_.._,,_.______,,_________._____,,_._...$ Motor Vehicle Equipment Purchases _,,.--__.__-- $ Publications and Printing ____.___.__._-___.,,.________..$ Equipment Purchases .._..__.-_-.._,,____.._..._..,,.,,.__-.__.$ Per Diem and Fees __,,__._,,__._,,..___._-._._,,____.______,,$ Computer Charges ---__.--_--_-,,_,,-__--_----__-_----$ Capital Outlay .._-.___..,,__-._..._.....,,.._.,,.-....,,_,,.._..$ Authority Lease Rentals __,,_...-..- $

6,000 --0--
1,560 30,700 --0-- --0-- --0-- 706,067 706,067
46
6,809,916 1,463,041
48,000 22,700 13,750 320,534
9,600 --0-- 1,076,500 127,465

Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly.
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 be the pro rata part of the cost of employer con tributions to the Teachers' Retirement System applicable to such salary.

Provided, that the amount of $7,000,000 in Grants to Local School Systems for supplemental instructors and aides shall be used to provide assistance in the elementary grades in the form of additional certificated and noncertificated personnel to assist classroom teach ers in providing intensive instruction and training in order to enable all students to achieve in the various sub ject matter areas in accordance with their potential abilities.
Provided, that independent school systems shall be eligible to participate in the "mini-buses" transporta tion program for Special Education Students.

Provided, that of the above appropriation, relative to department operations, $75,000 is designated and committed for the Professional Practices Commission.

TUESDAY, FEBRUARY 26, 1974

2301

Provided, that of the above appropriation, relative to special education, $27,500 is designated and com mitted for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $27,500 is designated and com mitted for payment to the Houston County Board of Education for payment to Houston County Happy Hour School.

Provided, that State funds appropriated to match federal Manpower Development and Training funds may be utilized in a State approved- adult basic education program if federal requirements do not necessitate the use of these funds for matching Manpower Develop ment and Training funds.

Provided, that the State Board of Education shall make allotments for Sections 11, 12 and 20 teachers on the basis of the index schedule used for fiscal year 1973.

Provided, that of the funds appropriated in this Section, the Department is authorized to utilize up to $5,000,000 to fund the Equalization Program authorized in HB 57, subject to prior approval by the Fiscal Af fairs Subcommittees.
Provided, that of the above appropriation for de partment operations, relative to Pre-school Training for the Handicapped, the Diagnostic Classification and Testing Services Program initiated in F. Y. 1973 under Act No. 1234, Ga. Laws 1972, p. 722, shall be funded at the continuation level in F. Y. 1975, the remainder of such appropriation shall be used and expended for a half-day Pre-school Training program for five-year-old children who are mentally, physically, or emotionally handicapped, and for no other purposes.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals, $2,650,000 is specifically appropriated for the purpose of financing a school construction program throughout the State of Georgia which shall consist of the acquisition of land (if needed) and the construction and equipping of school buildings and facilities through the issuance of not to exceed $32,000,000 in principal amount of General Obligation Debt or through the issuance of not to exceed $32,000,000 in principal amount of bonds by the Georgia Education Authority (Schools). Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said under taking, said amount shall be appropriated to the "State of Georgia General Obligation Debt Sinking Fund". Should the Commission determine that said undertaking

2302

JOURNAL OF THE SENATE,

be financed through the issuance of bonds by the Georgia Education Authority (Schools), said amount shall be appropriated to the State Board of Education-- Department of Education and used for the purpose of paying lease rentals. Of the $2,650,000 appropriated above, $300,000 is designated and committed for the purpose of constructing comprehensive high schools. The allocation of funds shall be determined on the basis of a formula to be promulgated by the State Board of Education, based on current increased average daily attendance, surveyed projected growth, consolida tion within a system, renovations, outstanding local effort of school systems, age and conditions of existing school buildings, and such other criteria by the Board to insure that classroom need is the basis of distribu tion.

Section 16. Employees' Retirement System.
Budget Unit: Employees' Retirement System ..........................................$

805,000

1. Employees' Retirement System Budget:

Personal Services ___________._____._._____.,,,,,,__.._,,,,,,__.,,.$

Regular Operating Expenses .--._----__--_.--,,.--..$

Travel -..__-____._______.___.-_____.___..-.-._--___._.,,.-..,,.......$

Motor Vehicle Equipment Purchases ,,,,....._.....$

Publications and Printing ._.._______________._...._.,,...,,$

Equipment Purchases .-...,,..__.___...__._.___.._..__.,,._..,,..$

Per Diem and Fees ._._.-___.--_____________________,,___,,__,,___.$

Computer Charges ..................................................I

Employer Contributions ____._..___.__,,__.___._______._.__..$

Total Funds Budgeted

..,,..___.__..$

State Funds Budgeted ..................^

Total Positions Budgeted

Budget Unit Object Classes:

Personal Services ,,___.... ........................................^

Regular Operating Expenses __.._._.__...__..,,.............$

Travel _____,,__..________,,____.__________,, ,,,,.,,__$

Motor Vehicle Equipment Purchases _._.___.__,,___.$

Publications and Printing ._..__._._,,..._...............:..$

Equipment Purchases -------,,-___._,,____.$

Per Diem and Fees _...___._.___...__.__.____--______.,,__._.___.$

Computer Charges

___.____.._.__,,.____$

Employer Contributions ................. .....^

514,577 77,000
7,000 --0--
8,000 3,000 65,000 108,000 805,000 1,587,577 805,000
43
514,577 77,000 7,000 --0-- 8,000 3,000 65,000 108,000 805,000

Provided, that of the above appropriation relating to Employer Contributions, $800,000 is designated and committed to fund House Bill 58.
Provided, that of the above appropriation relating

TUESDAY, FEBRUARY 26, 1974

2303

to Employer Contributions, $5,000 is designated and committed to fund House Bill 346.

Section 17. Forestry Commission. Budget Unit: Forestry Commission _..,,,,___.______,, $

9,073,047

1. Reforestation Budget:

Personal Services ____-.____-..----___________________----_. $

Regular Operating Expenses ________ $

Travel

________ $

Motor Vehicle Equipment Purchases _______________ $

Publications and Printing ........__..,,..._,,.__.________.,,.$

Equipment Purchases ----------------------_______,,_.$

Per Diem and Fees __---_______----_--_--.------_______$

Computer Charges _--------________.________________._------.$

Total Funds Budgeted --_____________________________.____----.$

State Funds Budgeted _------------------_.----_____.$

Total Positions Budgeted

399,964 208,916
2,566 38,160
426 16,845 20,458 7,386 694,721 276,812
26

2. State Forests Budget:
Personal Services ------------------------_--------.$ Regular Operating Expenses ----___________________----.$ Travel ___--_----------------------____________._----------.. $ Motor Vehicle Equipment Purchases ,,,,,,___$ Publications and Printing ___--__----_______________ $ Equipment Purchases ------__.--._------_________________$ Per Diem and Fees __________________________________ $ Computer Charges _____--_-___--------________________--.$ Ware County Ad Valorem Tax ___________________ $ Total Funds Budgeted ______________ ___________________ $ State Funds Budgeted _______________________________ $ Total Positions Budgeted

75,313 10,481
92 --0--
115 3,700 2,400 --0-- 50,200 142,301 --0--
6

3. Field Services Budget:
Personal Services ____.___.__-.___----------.___________,,--.$ Regular Operating Expenses --__----------_._______.$ Travel __________--.----.-----_----___________._-------__ $ Motor Vehicle Equipment Purchases ---_------ $ Publications and Printing ......_......_...._______________.__.$ Equipment Purchases ______________________________ $ Per Diem and Fees ______________________.__-----_______.$ Computer Charges __________,,___-___-_,,._._______.,,______________.$ Total Funds Budgeted -.________________----..------____.$ State Funds Budgeted .._-_.__________________.-._........_.$ Total Positions Budgeted

8,064,915 1,281,704
64,984 888,170
6,495 140,390
10,253 13,567 10,470,478 8,314,820
797

4. General Administration and Support Budget:
Personal Services --___-___________-_______--------------___.$ Regular Operating Expenses --___________________------$ Travel ---.______________.-.--------_.____________--._-$

389,179 76,794 10,012

2304

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases ................$ Publications and Printing ........................^ Equipment Purchases ........................-.....$ Per Diem and Fees ................................. ....^ Computer Charges ........................... ..^ Total Funds Budgeted .__---$ State Funds Budgeted ....................... .........^, Total Positions Budgeted
Budget Unit Object Classes:
Personal Services ____._______________._..............-........_-....$ Regular Operating Expenses --.--.--------_--_--..$ Travel ----_______-.--_--_-_ -.--_._$ Motor Vehicle Equipment Purchases ...__--.--....$ Publications and Printing ............................. ^ Equipment Purchases ..........................^ Per Diem and Fees .__.._...........-........._.._____-.___.-....$ Computer Charges -....-...-...-....-..__._____-------....$ Ware County Ad Valorem Tax ......__.._._.___-__.___.___$

3,500 12,058 5,538 2,000 40,800 539,881 481,415
25
8,929,371 1,577,895
77,654 929,830 19,094 166,473 35,111 61,753 50,200

Section 18. Forest Research Council. Budget Unit: Forest Research Council ................$

617,631

1. Forest Research Council Budget:
Personal Services .........._................................^ Regular Operating Expenses .,,_,,_.--...-.....--..--....$ Travel ..................................... ..^ Motor Vehicle Equipment Purchases ..----,,-.__.$ Publications and Printing ................................. ^ Equipment Purchases ........................................ ^ Per Diem and Fees ...................................^ Computer Charges ------------------------------_--$ Total Funds Budgeted ............................J$ State Funds Budgeted .................................. ^ Total Positions Budgeted
2. Contractual Research Budget:
Contractual Research Expense .....___.___-------.._$ Total Funds Budgeted ..................................^ State Funds Budgeted _._________._...........-....__...____,,__$ Total Positions Budgeted

99,615 32,550 4,364 --0-- 18,000
1,000 500
--0-- 156,029 154,631
8
466,000 466,000 463,000
--0--

Budget Unit Object Classes:
Personal Services -......_.,,..,,-.._.--................ .--...^ Regular Operating Expenses --.--------.--___----$ Travel .......................................^ Motor Vehicle Equipment Purchases _.___.--.....$ Publications and Printing ._..__...-..........-.-..._..-...$ Equipment Purchases ...............................-..-^..^ Per Diem and Fees ....................................$ Computer Charges ...................--.....--......--..--...$ Contractual Research Expense -_-.--_--------..,,.$

99,615 32,550 4,364 --0-- 18,000 1,000
500 --0-- 466,000

TUESDAY, FEBRUARY 26, 1974

2305

Section 19. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission ._......_._..

Departmental Operations Budget:
Personal Services ____________,,__________._________.__......$ Regular Operating Expenses _________________________$ Travel _._....................._________-_-_--...._______-__-.___.$ Motor Vehicle Equipment Purchases ._._--__.$ Publications and Printing _.______________._...___________.__.$ Equipment Purchases -..___._.----__....__-----_$ Per Diem and Fees _________________________________.____$ Computer Charges __________._____.______.____________..____________$ Total Funds Budgeted ---_-----.---___-_$ State Funds Budgeted __--__._______________,,_.___._____.$ Total Positions Budgeted

685,953 359,500
11,500 --0--
30,000 15,000 29,000 5,000 1,135,953 --0--
42

Budget Unit Object Classes:
Personal Services ....._..._._._....................__._..$ Regular Operating Expenses --.___._...._..--_.__$ Travel ___________________..__......__..__..___$ Motor Vehicle Equipment Purchases ._.------_$ Publications and Printing _.--....-.......-...._.___$ Equipment Purchases -------_----.------____________$ Per Diem and Fees __________--_______________,,_____________$ Computer Charges _.-.-._...-..--_.--.-..._.......___$

685,953 359,500
11,500
--0-- 30,000 15,000 29,000 5,000

Section 20. Office of the Governor.

A. Budget Unit: Governor's Office ____________________$
1. Governor's Office Budget:
Personal Services ------_._____-----_-__.________--_-.__$ Regular Operating Expenses _______________________$ Travel _______________..__________._.__________._$ Motor Vehicle Equipment Purchases ____----_--$ Publications and Printing ____________________________$ Equipment Purchases ________________________________________$ Per Diem and Fees __...________________________$ Computer Charges ______________________________________.$ Mansion Allowance _________________________________________ $ Gubernatorial Transition Allowance _____________$ Total Funds Budgeted -____________-_____._______-__-___$ State Funds Budgeted _.__________________________________$ Total Positions Budgeted

955,664
571,506 188,500 19,500 --0--
5,000 5,000 20,000 1,000 25,000 25,000 860,506 860,506
36

2. Intern Program Budget:
Personal Services _________________________________$ Regular Operating Expenses ________________________$ Travel ___.._____._.______________.______-_._____________________.._______.$

55,158 3,000 4,000

2306

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases --_._-_,,__--.1_$ Publications and Printing --.--_.--_________________________$ Equipment Purchases ........................................$ Per Diem and Fees -___----------_--_--------_.----.$ Computer Charges .-...-_.-__.___.____._.,,,,______,,._,,____.__.$ Intern Stipends .......................................................^, Total Funds Budgeted --.-...--_...-.-.,,-..,,,,__.___-_$
State Funds Budgeted -................................$ Total Positions Budgeted

--0-- 1,500 800
--0-- 700
30,000 95,158
95,158 4

Budget Unit Object Classes:
Personal Services ...............................................$ Regular Operating Expenses ................................^ Travel ...................................................................^ Motor Vehicle Equipment Purchases ___......-_._._.. $ Publications and Printing ............................... ^ Equipment Purchases .....................................^ Per Diem and Fees ...............,,...............____,,.__.___.__.$ Computer Charges ..................................................9 Mansion Allowance __..._.,,,,--.--.--........................,,.$ Intern Stipends ................................................$ Gubernatorial Transition Allowances _______._._--.$

626,664 191,500
23,500 --0--
6,500 5,800 20,000 1,700 25,000 30,000 25,000

B. Budget Unit: Office of Planning and Budget ................ .....-...__.,,............___...._$ 2,230,672

1. General Administration and Support Budget:
Personal Services ...................................$ Regular Operating Expenses ....._,,_,,_.,,...,,..,,..$ Travel _,,______,,__,,______,,__,,.,,,,____,,_______._____.____.,,__.,,-$ Motor Vehicle Equipment Purchases ............_.,,_$ Publications and Printing .......................... ^ Equipment Purchases ........................................$ Per Diem and Fees ..................................... ...^ Computer Charges _.................................. ......^ Payments to Regional Commissiona ...._......,,__,,.$ Total Funds Budgeted ................__.....................,,.$ State Funds Budgeted ....^ ............................. ^.^ Total Positions Budgeted

326,297 29,805 9,000
--0-- 2,950 2,500
58,500 5,600
93,152 527,804
514,804 19

2. Council of the Arts Budget:
Personal Services ........................................ ....^ Regular Operating Expenses ,,_........................_.$ Travel ............................................^ Motor Vehicle Equipment Purchases ................. ^ Publications and Printing ............ ._...................^ Equipment Purchases ........................... _,,______..$ Per Diem and Fees ......................................... ....^ Computer Charges ^............................................. ^ Total Funds Budgeted ........................ ^ State Funds Budgeted .................................. ^ Total Positions Budgeted

51,432 47,058
2,750 --0--
100 300 --0-- --0-- 101,640 101,640
3

TUESDAY, FEBRUARY 26, 1974
3. Budget Division Budget:
Personal Services -,,.--...--....,,_..--_._-._..-...__._____..$ Regular Operating Expenses __..___.._.____-...__.._______.$ Travel _.......--__..____.-._._________...__..___......... $ Motor Vehicle Equipment Purchases _....__._...__... $ Publications and Printing __..__,__..__..__..___...____.______$ Equipment Purchases _...--.--..___-.__.__..__..__..__..___.___$ Per Diem and Fees _.___..._._...___._____._____.__.____.___._.___$ Computer Charges ..------------_--.._.--.__-.__..._.___.-$ Total Funds Budgeted .......-....-..-......-...................$ State Funds Budgeted ................._.......................$ Total Positions Budgeted

2307
302,756 15,100 7,500
--0-- 9,000 1,250 1,000 1,000
337,606 224,606
16

4. Intergovernmental Relations Budget:
Personal Services ....-...........-.................................$ Regular Operating Expenses _...,,.._..--....-.-...-..._..$ Travel .._._.............................._....._....._..........._....._._... $ Motor Vehicle Equipment Purchases ................ $ Publications and Printing .......................--...........$ Equipment Purchases ......................._....._..........$ Per Diem and Fees .................._..................,,..._...$ Computer Charges ._.._._.._...._.._.._...._...._._....._.._.._.$ Total Funds Budgeted .....-..............-....-....--...........$ State Funds Budgeted _..................._............_.........$ Total Positions Budgeted

338,505 19,589 21,500 --0-- 3,950 1,000 --0-- --0-- 384,544 359,544
21

5. Management Review Budget:
Personal Services ...................................................$ Regular Operating Expenses ___.,,..__.-._..._.__.__.___$ Travel ........... ............................_.............................$ Motor Vehicle Equipment Purchases .............--..$ Publications and Printing __-..__._._.--._.-.._._.--__.$ Equipment Purchases ---..----...............................$ Per Diem and Fees ....----..--.---.....--..._...,,...__..._...$ Computer Charges __--.__.._._--....--____..--__.._$ Total Funds Budgeted ._......................-...........-..$ State Funds Budgeted --------------.-$ Total Positions Budgeted

287,374 10,910 5,000 --0-- 1,250
600 --0--
500 305,634 255,634
15

6. Policy Planning Budget:
Personal Services --.....--..---..--._....,,..................$ Regular Operating Expenses .._..-...........-....-...$ Travel .......-.....-....-....-...................................-.-...$ Motor Vehicle Equipment Purchases .........._.....$ Publications and Printing ..........,,.......................$ Equipment Purchases ....,,_--._..._.__.___..--.__--...$ Per Diem and Fees .._.._.._...__.._.-._......._.-._.__--...--.,,$ Computer Charges -.......-.-.-....-........-.-.......---..-..$ Total Funds Budgeted ...................... .................$ State Funds Budgeted .............. .................._.....$ Total Positions Budgeted

414,554 18,266 7,000 --0-- 10,000
1,000 --0--
20,000 470,820 322,820
23

2308

JOURNAL OF THE SENATE,

7. State Manpower Planning Council Budget:
Personal Services ------___------._----------._.___$ Regular Operating Expenses ............................... ^ Travel .._...---- .......................................... $ Motor Vehicle Equipment Purchases ................. $ Publications and Printing ...............................,,.....$ Equipment Purchases --_--------__------..----.$ Per Diem and Fees _------...............--.____.------$ Computer Charges ........................_----_----.--$ Total Funds Budgeted ........................^ State Funds Budgeted ___------_-------------.__...$ Total Positions Budgeted

171,315 27,950 11,669 --0-- 2,100 --0-- --0-- --0-- 213,034 --0--
14

8. Fuel Allocation Office Budget:
Personal Services ........_.---- __.. ..----------.._....$ Regular Operating Expenses ..............................^ Travel ........... ................................ $ Motor Vehicle Equipment Purchases ._--_.------.$ Publications and Printing ------..----._.--........$ Equipment Purchases .... .,,___----_._----__$ Per Diem and Fees _--_--.----._----..._..----...... $ Computer Charges ----.----.,,-__---------------$ Total Funds Budgeted ...................................^ State Funds Budgeted ._.------.----------....._$ Total Positions Budgeted

276,058 52,366
9,200 --0--
15,000 --0-- --0-- --0-- 352,624 352,624
23

9. Planned Growth and Development Budget:
Personal Services ----------...............................$ Regular Operating Expenses ...,,.----------_.....$ Travel ........................_.....................$ Motor Vehicle Equipment Purchases _.----__$ Publications and Printing .......--..................$ Equipment Purchases ------.----------------$ Per Diem and Fees ..--.............._... ----_.__.----.._--.$ Computer Charges .,,----------_------------__.-$ Total Funds Budgeted _--.------__----------.__.$ State Funds Budgeted __--------_--__......--.___$ Total Positions Budgeted

76,000 20,000
1,000 --0--
1,000 1,000 --0-- --0-- 99,000 99,000
5

Budget Unit Object Classes:
Personal Services --_--------_.----------__--$ Regular Operating Expenses ...._--._.._....,,..._.._..$ Travel ......-...--......--....-....._...............................$ Motor Vehicle Equipment Purchases ----_.--.$ Publications and Printing ----.----___----__$ Equipment Purchases --.----__----___----__--$ Per Diem and Fees --x........._.....--....................$ Computer Charges .................................................^ Payments to Regional Commissions ----_.--------$

2,244,291 241,044 74,619 --0-- 45,350
7,650 59,500
27,100 93,152

TUESDAY, FEBRUARY 26, 1974

2309

C. Budget Unit: Governor's Emergency Fund _.....$ 2,000,000

Governor's Emergency Fund Budget:
Transfers to State Agencies .......__________________.___.$ Total Funds Budgeted .......,,_...,,............_..,,_....,,..$ State Funds Budgeted ___,,-___._,,________.____.______.$

2,000,000 2,000,000 2,000,000

Budget Unit Object Class: Transfers to State Agencies

2,000,000

There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his discretion 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.

Provided, however, that the listed appropriation shall be increased by the amount incurred in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger there of or other grave emergency when available funds are not sufficient for such purposes.

Section 21. Grants to Counties and Municipalities.

A. Budget Unit: Grants to Counties and Municipalities ..-.-.....-.......---...........-...-....-..........I 6,800,000

1. Grants to Counties _----_----_--.---_--.--_.----_--.$ Total Funds Budgeted .....__........._......,,......__......$ State Funds Budgeted ......,,...........__._._,,.._.........$

2,600,000 2,600,000 2,600,000

2. Grants to Municipalities ....--__..--......_.,,.._._.,,_..$ Total Funds Budgeted .....,,_........__...._........,,._.... State Funds Budgeted ....._..................__......._......$

4,200,000 4,200,000 4,200,000

Budget Unit Object Classes:
Grants to Counties ....----...--....._.._.-._-.._..-._...._$ Grants to Municipalities ....._.............,,-_..-..,,_.....$

2,600,000 4,200,000

Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter.
B. Budget Unit: Grants to Counties -....._......,,........$ 50,000,000 Grants to Counties ..........._.._......_...,,.......__....._? 50,000,000

2310

JOURNAL OF THE SENATE,

Total Funds Budgeted State Funds Budgeted .

50,000,000 50,000,000

To provide grants to counties for county roads and maintenance and to grant ad valorem tax relief as provided in an Act approved April 13, 1973 (Ga. Laws 1973, p. 475) (House Bill 1). These grants shall be disbursed and distributed by the Fiscal Division of the Department of Administrative Services.

Section 22. Department of Human Resources.

A. Budget Unit: Departmental Operations _...........$ 203,512,806

1. General Administration and Support Budget:
Personal Services ..................................................I Regular Operating Expenses ,,_.----__._,,----.......,,..$ Travel .................................................................. $ Motor Vehicle Equipment Purchases _......._,,......$ Publications and Printing .............................$ Equipment Purchases .......................................$ Per Diem and Fees ___..,,--_____._,,._----____.______--._____.$ Computer Charges ....................................... .....^ State of Georgia General Obligation
Debt Sinking Fund ...................................... ....^ Total Funds Budgeted ......................................... ^ State Funds Budgeted ............................................I Total Positions Budgeted

5,843,302 1,010,528
150,686 8,300
143,663 62,296 46,165 3,017,150
190,000 10,472,090 6,349,322
484

2. Physical Health -- Program Direction and Support Budget:
Personal Services ,,.-.........,,....-...............................$ Regular Operating Expenses ............................. ^ Travel ......................................................^ Motor Vehicle Equipment Purchases _,,.--.--._...-$ Publications and Printing ................................$ Equipment Purchases --.--,,,,------.............._,,.......$ Per Diem and Fees _____-.__._..._,,.________...__________..,,___ $ Computer Charges ............ ...................................^ Total Funds Budgeted ......................................$ State Funds Budgeted .............................$ Total Positions Budgeted

880,544 55,000 24,000 --0-- 22,000 4,000
200 --0-- 985,744 985,744
71

3. Physical Health -- Family Health Budget:
Personal Services ..................................................^ Regular Operating Expenses .......................____...$ Travel ...........................................................J$ Motor Vehicle Equipment Purchases ......,,..........$ Publications and Printing .....................................^ Equipment Purchases ........................................$ Per Diem and Fees ................................................^ Computer Charges ................................................^

3,843,295 3,732,496
426,900 20,000 85,151 102,804 504,699
2,000

TUESDAY, FEBRUARY 26, 1974

2311

Crippled Children Benefits --._......._._..__......._..$ Kidney Disease Benefits ,,..-..._...-..,,..-..._..-.._....._.$ Cancer Control Benefits -.,,..........._..._.......-___......$ Maternal Health/Family Planning Benefits ..... $ Total Funds Budgeted ..-..._.....__...._......___..___....$ State Funds Budgeted ___...,,__._,,..._.___,,____._..__._,,$ Total Positions Budgeted

2,890,120 300,000 420,000
2,144,750 14,472,215 8,582,398
378

4. Physical Health -- Community Health Budget:
Personal Services -.._....-.-..-,,.-_.-...--.-._-_.._-...$ Regular Operating Expenses _.--..._......_---.,,_--..$ Travel ___.___._______.__.-___.__._____.___...__.____ $ Motor Vehicle Equipment Purchases _..,,,,._...--_,,$ Publications and Printing _______,,______,,______,,______._____ $ Equipment Purchases .--_----_----__,,--_.._,,_--__-_--.$ Per Diem and Fees ._.....,,.....-......_.._...__...,,....._..$ Computer Charges .__.....__.,,..--...-.__-.._......_._..,,.-_....$ Facilities Construction Grants _....,,..--...--_,,-_,,.? Total Funds Budgeted ________,,__..,,______,,_,,__.____..$ State Funds Budgeted ...._._..._.........,,_...._,,..._......$ Total Positions Budgeted

4,576,537 702,949 305,693 4,400 69,000 59,000 155,118 31,692
10,013,000 15,917,389 9,737,859
377

Provided, that of the above appropriation relative to Operations, $5,000,000 is designated and approved for payment to the Macon-Bibb County Hospital Authority
upon the approval by the Federal Government of the application for funding of a new medical college for the training of medical doctors and other allied medical personnel under the provisions of Public Law 92-157 known as the "Comprehensive Health Manpower Train ing Act" of 1971.

5. Physical Health -- Local Services Budget:
Personal Services ..._,,.--.-..--..,,,,...........___._._.....$ Regular Operating Expenses -........_......_....._._.....$ Travel _.._,,...._.....__....__...._.._.........,,.,,.._......,,_.. $ Motor Vehicle Equipment Purchases --__.--___--.$ Publications and Printing ____________._________________.$ Equipment Purchases .__--__---._---__.--___-_,,__,,__.$ Per Diem and Fees -.......--..,,....,,__..._.,,......._..__..$ Computer Charges _.._......_..,,__.._............._._...._....$ Grant for DeKalb County Mental
Retardation Project --.........................................I Grant for Chatham County
Mental Retardation Project _________--______.______.$ Grant-In-Aid to Counties -....,,...._..-.-.-.-...._..._._...$ Total Funds Budgeted _-....__...,,....._...._.._._...__...$ State Funds Budgeted __._.__.______.,,___,,______,,________.$ Total Positions Budgeted

6,528,768 989,930 590,330 --0-- 4,360 111,000 170,510 15,000
97,300
92,800 7,957,669 16,557,667 13,015,930
483

Provided, that from funds appropriated to the Physical Health -- Local Services Budget, a total of not less than $100,000 will be made available to the Com-

2312

JOURNAL OF THE SENATE,

munity Cardiovascular Council in Savannah for continua tion of stroke screening.

6. Mental Health -- Program Director and Support Budget:
Personal Services .-..--......-...........,,.....__-....._.-...... $ Regular Operating Expenses ......................... ...^ Travel .............................................$ Motor Vehicle Equipment Purchases .____,,_-_--.____$ Publications and Printing ..................................^ Equipment Purchases --..._--_,,,,_..._.____--_____--..--.,,$ Per Diem and Fees _.......-- ,,.................,,..............$ Computer Charges ___.___._..____.___.,,..,,,,_______.,,,,______.___$ Total Funds Budgeted .........................................^ State Funds Budgeted ,,_____.____________,,..__.___._____....__$ Total Positions Budgeted

1,123,109 1,142,250
130,000
--0-- 9,200 5,000 32,000 2,000
2,443,559 1,624,241
66

7. Drug Abuse Prevention and Abatement Budget:
Personal Services ..............................................$ Regular Operating Expenses ,,.--..-,,-..-.--....----...$ Travel -_____--____.-_________-._____...__._._..__ $ Motor Vehicle Equipment Purchases _._--------_$ Publications and Printing ....................................^ Equipment Purchases ............................................^ Per Diem and Fees ................................................$ Computer Charges ----_....------...-.,,----......----....$ Total Funds Budgeted ........,,..,,............_........_........$ State Funds Budgeted ..................... ..^ Total Positions Budgeted

1,723,224 3,257,195
57,617 --0--
20,280
11,388
86,720 1,040
5,157,464 1,290,994
157

8. Mental Health -- Local Services Budget:
Personal Services _.,,___,,--..........................$ Regular Operating Expenses ............--...........,,,,$ Travel __.,,________.,,___________,,_________.___________,,.__________.$ Motor Vehicle Equipment Purchases ..----..........$ Publications and Printing ....--............._........,,.,,....$ Equipment Purchases ,,.._--...----.....--._...--.-..,,..$ Per Diem and Fees ..__~--._.,,_~......-.--.....-..--...-.... $ Computer Charges ----.--------_--._----.__-..----._.$ Contracts with Day Care Centers for the
Mentally Retarded ...._,,......._......._..,.....,,..........$ Grants for Alcoholism Community
Treatment Programs ...._...........,,.-......_..._......,,$ Grants for Child Mental Health .........,,.................$ Grants for Adult Mental Health ......,,.._...............$ Grants to Group Homes for the
Mentally Retarded ..............................................I Total Funds Budgeted .....................................^ State Funds Budgeted ................... ...........-........$ Total Positions Budgeted

336,320 34,608 25,956 --0-- --0-- --0-- --0-- --0--
18,762,257
2,002,228 800,032
3,749,980
1,322,354 27,033,735 15,667,123
14

9. Economic and Consumer Affairs Budget: Personal Services ........-.....-..............--....-..--...-...I

431,833

TUESDAY, FEBRUARY 26, 1974
Regular Operating Expenses ............................$ Travel ________-____-_._____--__--.___._.--_ $ Motor Vehicle Equipment Purchases --....----.....$ Publications and Printing .....................................^ Equipment Purchases ................................,.........$ Per Diem and Fees ___-________-__-______.___.____.--.._._ $ Computer Charges .............................................$ Total Funds Budgeted ....................................:...$ State Funds Budgeted .........................................$ Total Positions Budgeted

2313
144,869 31,000 --0-- 26,200 11,000 16,600
6,450 667,952 667,952
34

10. Work Incentive Program Budget:
Personal Services ......................................^ .......$ Regular Operating Expenses __,,_,,_--_.,,____----,,_ $ Travel .............................................. .......^..........^ Motor Vehicle Equipment Purchases ._..-_------..$ Publications and Printing ................................... ^ Equipment Purchases .........................................^ Per Diem and Fees ...........................................$ Computer Charges ..................................................$ W.I.N. Benefits .........................................$ Total Funds Budgeted .......................................$ State Funds Budgeted ...................................... ^ Total Positions Budgeted

972,859 204
80,500 ---0--
2,000 50,000 --0-- --0-- 2,750,000 3,855,563 385,556
101

11. Child Care Budget:
Personal Services -__._.--__----.----_____----__--,,._--. $ Regular Operating Expenses --______._--_--_..,,_--..__.$ Travel .....................................................................$ Motor Vehicle Equipment Purchases ..................^ Publications and Printing ..,................................$ Equipment Purchases ............................................$ Per Diem and Fees ..................................................$ Computer Charges ...........................................^ Grants to Fulton County for 24-hour
Emergency Social Services ............................$ Benefits for Child Care .......................................^ Total Funds Budgeted .........................................^ State Funds Budgeted ....................................$ Total Positions Budgeted

--0-- --0--
--0-- --0--
123,900 6,835,958 6,959,858 3,996,163
--0--

12. Programs for Children, Youth, Families, and Adults Budget:
Personal Services ....................................................$ Regular Operating Expenses _..,,._--______________.$ Travel .................................................$ Motor Vehicle Equipment Purchases _...._..-- ...._.$ Publications and Printing ..................................4 Equipment Purchases ...........................................^ Per Diem and Fees ................................................^ Computer Charges .................................................^ Georgia Indigent Legal Services Contracts --____$

5,641,897 27,856,969
455,850 12,200 66,500 30,060 21,060
--0-- 480,000

2314

JOURNAL OF THE SENATE,

Total Funds Budgeted _.-.....---.____..__...___.___..._$ 34,564,536

State Funds Budgeted .....-............_.._...........,,.......$ 5,915,437

Total Positions Budgeted

517

13. Services to the Aged Budget:
Personal Services ..._...-.--...-.....--.-..-..........-.....-.I Regular Operating Expenses --.........,,_,,..--________.$ Travel ____.__.._.___.._.______.______.____...._______._._____________$ Motor Vehicle Equipment Purchases --..,,-------$ Publications and Printing _......._._.,,.,,,,,,..,,._......_,,$ Equipment Purchases ............--____________________,,_--.$ Per Diem and Fees _-_--__---_-_.-..-._________,,-._______.$ Computer Charges .,,--------------__.__----,,_....-----$ Areawide and Community Grants _--...--.--.....--.$ Nutrition Grants _-.______--,,.__.._,,.__._______________________..$ Total Funds Budgeted ........... ......... $ State Funds Budgeted ............................ ...... $ Total Positions Budgeted

530,824 80,100 37,600 --0-- 5,000 4,800 2,500 --0-- 2,097,000 2,688,500 5,446,324 353,234
40

14. Vocational Rehabilitation--Program Direction and Support Budget:
Personal Services ............-.--..-..-..-...-...-...-.........--.-$ Regular Operating Expenses ......-...........--......--..$ Travel ...........-..-.--.......-........--....-....-.-....-.._........-$ Motor Vehicle Equipment Purchases .....--........_.$ Publications and Printing ........-.........................--.$ Equipment Purchases .-.--..........................-......--$ Per Diem and Fees ---..--..----,,-----.--.-- --- $ Computer Charges .......-..........---..........-.--..--.....I Grants for Nephrology Centers ...._..............,,....$ Total Funds Budgeted ..........................................$ State Funds Budgeted ..........................................I Total Positions Budgeted

720,637 8,845,575
29,991 --0--
9,500 34,711 34,680 --0-- 175,000 9,850,094 2,554,465
57

15. Vocational Rehabilitation -- Facilities Budget:
Personal Services ...................................................I Regular Operating Expenses ----..........----------if Travel _______,,____._...____........... ______ __...$ Motor Vehicle Equipment Purchases ........_......--$ Publications and Printing .........-...............-.-.....$ Equipment Purchases _-.--------...._._.-------.-----$ Per Diem and Fees ..........-..-...................................$ Computer Charges ..--....--......----.....................--....$ Total Funds Budgeted ...........................................$ State Funds Budgeted ............................................I Total Positions Budgeted

7,646,223 4,245,918
135,704 24,370 12,005 192,241 127,690 --0-- 12,384,151 1,485,128
675

16. Vocational Rehabilitation--Services Budget:
Personal Services .....-.._.........-.-.-....._....-....-.--$ Regular Operating Expenses ..-.......--.....-.........--.$ Travel ..........................................-...........................$

10,142,432 3,620,323
497,515

TUESDAY, FEBRUARY 26, 1974

2315

Motor Vehicle Equipment Purchases _--.---.$
Publications and Printing __._..,,____.__._________._.$ Equipment Purchases ......______________________....._$ Per Diem and Fees _..._._._....___....._.____.$ Computer Charges _...-_---_._.._____._-__--$ Total Funds Budgeted .._......_._._..__..__....._..._$ State Funds Budgeted ._-.-,,.-.-..-.-._.._._..._._._..$ Total Positions Budgeted

--0--
41,536 581,612 241,771 --0-- 15,125,189 1,707,874
851

17. Medicaid Benefits Budget:

Personal Services _..-_-_.._._-_._.._.._-_...._..$ --0--

Regular Operating Expenses ------_.___--..-__-.-.$ --0--

Travel .-._.--._.-..._.-...-.-._-.-_._..-......__..........._._$ --0--

Motor Vehicle Equipment Purchases _.._---._.$ --0--

Publications and Printing ._..........,,.._._.._._...$ --0--

Equipment Purchases _--.--..--.--.._--._--..--_...-$ --0--

Per Diem and Fees ..--....--....._._.--..--.__....._-.$ --0--

Computer Charges -----._...--_.._.._.--.----_..--_$ --0--

Medicaid Benefits _-.....-...__,,...-..._......_.___........$ 226,000,000

Total Funds Budgeted .........-.--...-.__._..--...........$ 226,000,000

State Funds Budgeted ....-._..-.._...-.-.-...-....-.._.._...$ 72,620,400

Total Positions Budgeted

--0--

18. Public Assistance Budget:

Personal Services ----...--__..----.----_..-_.._---,,..$ --0--

Regular Operating Expenses -....----.-_-._-.-.._... $ --0--

Travel ~_._--_______._..___.._.....--.____..._..._. $ --0--

Motor Vehicle Equipment Purchases ___--_-_._$ --0--

Publications and Printing ____-_-._.___--_._..$ --0--

Equipment Purchases __--._._--___----_,,_._....$

Per Diem and Fees ._--____._.....-._.,,_....,..,,..._.,,$

Computer Charges ------_._._-_----_..--------$

Cuban Refugees Benefits _.._-.-._......__.._._._.-.$ 100,000

SSI-Supplement Benefits __-___..._.__.-.__.-_$ 3,635,814

AFDC Benefits .,,..-._.._..___-_....,,...._..__...._..$ 132,752,006

Total Funds Budgeted ._..-._._.,,.._-...__._.._..$ 136,487,820

State Funds Budgeted _-__...._.._.-.-__-...-...._..--.$ 37,270,000

Total Positions Budgeted

--0--

19. Local Services--Community Services and Benefits Payments Budget:
Personal Services ...._..__------_,,------_-_._.$ Regular Operating Expenses ._._,,--_----_.._..___.$ Travel ._.____.,,_..,..._____......__.._..__.. $ Motor Vehicle Equipment Purchases ._.__--.$ Publications and Printing ._._._.___..._----.$ Equipment Purchases ........__.....--.-..--.-----.$ Per Diem and Fees ..._..--_-._.-_._----_-___$ Computer Charges ._.--_--_--.._..----.._-__--_-$ Local Services Benefits
Payments Grants -.....-..-..-.-._..,,...-.....-._..,,_..... $ Grants to Counties for
Social Services _.......-.--......._.--.........-_.-_.-._$

--0-- --0-- --0-- --0-- --0-- --0-- --0-- --0--
21,963,621
21,601,724

2316

JOURNAL OF THE SENATE,

Total Funds Budgeted -_...__-..,,._.......__.._...._._$ 43,565,345

State Funds Budgeted .....,,......-..._..-..._._...._.... | 17,304,619

Total Positions Budgeted

--0--

20. Benefits Payments--Program Administration and Support Budget:
Personal Services ...._-..._.....-...-...-.--........_..__-..-$ Regular Operating Expenses __~~_--__..--_------. Travel ____.__,,__,,____________.____.__.________.________-._-$ Motor Vehicle Equipment Purchases ._.._-......$ Publications and Printing .._........._..-_..,,_..-.._.$ Equipment Purchases --...----------...-------------.$ Per Diem and Fees ----..----.------_.,,_--------_,,.$ Computer Charges ______--_,,_..__--__.__----___--__-,,.__.$ Total Funds Budgeted ,,__,,__,,__,,,,___.__._.__.,,___,,.$ State Funds Budgeted .--._.-_...,,,,..-...._.._-._.._..._.$ Total Positions Budgeted

2,117,881 1,491,430
186,235 --0-- 173,074
28,110 --0-- --0-- 3,996,730 1,998,367
211

Budget Unit Object Classes:
Personal Services -__.--....._:...._.-........_.._..-.._....$ Regular Operating Expenses ._,,..,,...._.-._.-..._....$ Travel _.._.........__........_...._....._..._,,_._.__....--_..$ Motor Vehicle Equipment Purchases ...--..._...._.$ Publications and Printing -__..._-.._._.._-.._...-....$ Equipment Purchases ..-_...._.-...._._-...---..._-.$ Per Diem and Fees ,,...,,._...._._.._.._.-..._.._.......$ Computer Charges ____._--__-___--..-..-....--......$ Crippled Children Benefits -..._-.....-..-....._..._-....$ Kidney Disease Benefits ._...__...._._...._--,,..._....$ Cancer Control Benefits ..,,...._....,,.,,_._..,,-_..._.......$ Maternal Health/Family
Planning Benefits ,,.._...__,,.....................__... $ Facilities Construction Grants .._._,,...__...-..._ $ Grants for DeKalb County Mental
Retardation Project ___.-....._-.-.__-_,,.....- $ Grants for Chatham County Mental
Retardation Project __________-__._-__.,,__-__,,.,,__.$ Grant-In-Aid to Counties _.._-____..-.._--_._..__-.$ Contracts with Day Care Centers
for the Mentally Retarded -._-...._..._-..._..._-__$ Grants for Alcoholism Community
Treatment Programs __-______-_.,,__.,,__.____._.___.$ Grants for Child Mental Health ....,,...,,.....__._. $ Grants for Adult Mental Health ....,,....,,...._..,,_.$ Grants to Group Homes for the
Mentally Retarded _.._.._-_..._._....,,.._..._..._..$ Work Incentive Benefits _.._...-..,,.._____...,,....-$ Grants to Fulton County for 24-hour
Emergency Social Services __-_______,,__________._..$ Benefits for Child Care ..-.__._-.._...,,..._......--.f Georgia Indigent Legal Services
Contracts ___-.__.._.-...-..--.,,_.-...-.__.._...._,,....$ Areawide and Community Grants ._......._........_..$ Nutrition Grants ..-..-...--..-_._._-._.._....-......._._-$

53,059,685 57,210,344 3,165,577
69,270 689,469 1,288,022 1,439,713 3,075,332 2,890,120 300,000 420,000
2,144,750 10,013,000
97,300
92,800 7,957,669
18,762,257
2,002,228 800,032
3,749,980
1,322,354 2,750,000
123,900 6,835,958
480,000 2,097,000 2,688,500

TUESDAY, FEBRUARY 26, 1974

2317

Grants for Nephrology Centers ..--.--.--.---,,_-...$ 175,000 Medicaid Benefits ____________........._.._______.____.___._... $ 226,000,000 Cuban Refugees Benefits _.--.__.,,........__--.--..$ 100,000 SSI-Supplement Benefits _-._....-...-._-._..--._---$ 3,635,814 AFDC Benefits ._...__.._......---........._....._..----.$ 132,752,006 Local Services Benefits
Payments Grants -.-..-...--_---.-.-.-..---._--- $ 21,963,621 Grants to Counties for Social
Services _----_--..-....-.-__..--._...._-._.-. $ 21,601,724 State of Georgia General Obligation
Debt Sinking Fund .-.....-._.-----_..,,_.-.-..._---.._..$ 190,000

Provided, that of the above appropriation relating to Medicaid, $51,000 State funds is designated and com mitted for Medicaid coverage of Non-AFDC Foster Care Children.
Provided, that of the above appropriation, $60,000 is designated and committed to continue the Cancer Reg istry.

B. Budget Unit: Mental Health and Youth Development Institutions ............._.._.,,_._.__$ 127,482,658

1. Georgia Regional Hospital at Augusta Budget:
Personal Services ._._.__...__.._...___'___.....__._ $ Regular Operating Expenses _------___,,_,,_.-- $ Travel _.__....___.........._._.._.___.._............. $ Motor Vehicle Equipment Purchases .--.--_-- $ Publications and Printing _..._.._.._.._..._....... $ Equipment Purchases ....__.._.._-._..--._-._-.--.. $ Per Diem and Fees ....--....-.-._._.-...-.-........__..._.$ Computer Charges ._..__......_.-_........._.._.___..._.$ Authority Lease Rentals ..-._..__.-...-......-...__... $ Total Funds Budgeted ........--.__...-.._.-..-...-.....$ State Funds Budgeted _.__.._....._.._................. $ Total Positions Budgeted

4,491,189 880,163 20,000 4,000 4,782 11,000 75,600 70,000 387,000
5,943,734 5,477,734
537

2. Georgia Regional Hospital at Atlanta Budget:
Personal Services -_....._.._.-._.-_.-_.._.....__.._.. $ Regular Operating Expenses .__._._______.______$ Travel __._._.............__.._..___..______.______.$ Motor Vehicle Equipment Purchases __--...--.. $ Publications and Printing __.._-_.._._._.--._,,..$ Equipment Purchases ...._,,_--..--._....._.._,,._ $ Per Diem and Fees ._._.__...__._._.__.._.....$ Computer Charges ___.___.__...___._...__...._._._.$ Authority Lease Rentals ....._..._.._._...__._.$ Total Funds Budgeted _..._..._....__,,_......___...$ State Funds Budgeted __......--._..-.__.-.-.-..._._...$ Total Positions Budgeted

5,741,290 1,342,328
10,000 10,000 8,750 25,000 75,000 82,000 513,000 7,807,368 7,202,367
645

2318

JOURNAL OF THE SENATE,

3. Georgia Regional Hospital at Savannah Budget:
Personal Services .................................................^ Regular Operating Expenses ______________._.----._$ Travel __..-------__.-._.........___.---.. $ Motor Vehicle Equipment Purchases ___..._._.__.$ Publications and Printing ................................... ^ Equipment Purchases ................... ^.....................$ Per Diem and Fees ____.__..--_______..___________.__.....____.__.$ Computer Charges ___.___..-_...___.___._._____.___-.-..-,,$ Authority Lease Rentals ...................................$ Total Funds Budgeted ...................^...................^ State Funds Budgeted ...........................$ Total Positions Budgeted

4,312,613 747,780 17,000 --0-- 2,000 --0-- 66,000 60,000 500,000
5,714,393 5,364,393
551

4. West Central Georgia Regional Hospital Budget:
Personal Services ___________-.-..______________.____..-._______._$ Regular Operating Expenses .._.._.______,,.._______.___.$ Travel .....___..............................................$ Motor Vehicle Equipment Purchases ..............$ Publications and Printing ................................. ^ Equipment Purchases ...--...--..,,_-__..__.._.----__.$ Per Diem and Fees ............................................. ^ Computer Charges __.........................................i Authority Lease Rentals .......................................$ Total Funds Budgeted ........................................^ State Funds Budgeted ........................................$ Total Positions Budgeted

3,679,340 699,040 20,000 --0-- 8,000 21,000 40,000 65,000 646,500
5,178,880 5,103,880
551

5. Northwest Georgia Regional Hospital at Rome Budget:
Personal Services ___________--...._____________....._._____._____$ Regular Operating Expenses --..__--__._----_-...$ Travel .__.,,__._..__..____..._____...............$ Motor Vehicle Equipment Purchases _----_,,_$ Publications and Printing ................................ $ Equipment Purchases ......................................... ^ Per Diem and Fees ............................................$ Computer Charges ................................................^ Authority Lease Rentals ..................................$ Total Funds Budgeted .......................................i State Funds Budgeted ................................... ..^ Total Positions Budgeted

5,927,537 1,268,435
20,000 7,245 12,935 57,975 25,935 75,000 853,500 8,248,562 7,532,562
779

6. Gracewood State School and Hospital Budget:
Personal Services ................................ _..............$ Regular Operating Expenses .............-............-..$ Travel .................__...................................... .......^ Motor Vehicle Equipment Purchases .----.----$ Publications and Printing ._......__...._..,,,,,..._........$

12,997,592 2,986,684
27,000 19,425
7,912

TUESDAY, FEBRUARY 26, 1974

2319

Equipment Purchases _.______,,___--_.________$ Per Diem and Fees ____---__.________________.$ Computer Charges ___________________________$ Capital Outlay _____________._______________.$ Authority Lease Rentals ___,,__-__.__.._____--._.$ State of Georgia General Obligation
Debt Sinking Fund/Authority Lease Rentals _,,_______________:____,,______.$ Total Funds Budgeted _______.________.____._.$ State Funds Budgeted __._____________.______$ Total Positions Budgeted

125,000 64,622 71,000 444,560 117,000
185,000 17,045,795 14,018,795
1,538

7. Southwestern State Hospital Budget:

Personal Services ____.-__.____,,___________.._____.$

Regular Operating Expenses _____._______.____.$

Travel ___________________-__.______,,_._.__.$

Motor Vehicle Equipment Purchases ___----__$

Publications and Printing __--_______________.$

Equipment Purchases __-_______--____________.$

Per Diem and Fees ____________________._.____.. f

Computer Charges _____________________._____..$

State of Georgia General Obligation

Debt Sinking Fund/Authority

Lease Rentals ._____._.____....___________$

Total Funds Budgeted _________________________ $

State Funds Budgeted __.__.._-_____._________.$

Total Positions Budgeted

.

6,392,398 1,085,082
18,000 7,725 1,300 30,000 27,552 70,000
157,000 7,789,057 7,047,057
794

8. Georgia Retardation Center Budget:
Personal Services _..__._____________________ $ Regular Operating Expenses ,,____._____--____ $ Travel __.___.____._____.__._____________..___$ Motor Vehicle Equipment Purchases ______ $ Publications and Printing _._______,,__.___,,_$ Equipment Purchases _--__--___-_-_--___--___--.$ Per Diem and Fees ______--_.___________.______.$ Computer Charges ________________________________ $ Authority Lease Rentals _______________._____.$ Total Funds Budgeted ______.________________.$ State Funds Budgeted ._______._.___________.,,__.$ Total Positions Budgeted

9,591,977 2,428,760
31,000 --0--
9,210 500
49,563 122,100 794,000 13,027,110 12,362,110
1,100

9. Georgia Mental Health Institute Budget:
Personal Services ____________.______________$ Regular Operating Expenses _________.________.$ Travel __._.__.__._..___._____.____,,.._____.___._. $ Motor Vehicle Equipment Purchases _________ $ Publications and Printing -_________.___.________$ Equipment Purchases _--_--__.__--_-__.________.$ Per Diem and Fees _-______.___________-__-__-.$ Computer Charges ______________________________ $ Authority Lease Rentals ___-__.._.-__.__________.$

6,640,798 1,589,762
28,803 --0--
9,870 33,645 74,970 60,810 450,000

2320

JOURNAL OF THE SENATE,

Total Funds Budgeted .....................................$ State Funds Budgeted .................................^ Total Positions Budgeted

8,888,658 8,528,658
680

10. Central State Hospital Budget:
Personal Services _-____-,,,,______,,.._.________..___.____-..___ $ Regular Operating Expenses ____._--_______,,______.$ Travel ...................... .............--.................. .....^ Motor Vehicle Equipment Purchases ..__....,,_._ $ Publications and Printing ......,,.._........,,,,._.....,,__....$ Equipment Purchases .............................. $ Per Diem and Fees ................ ..^... ........ ....^ Computer Charges ...........................?, Authority Lease Rentals .............................. ^ State of Georgia General Obligation
Debt Sinking Fund/Authority Lease Rentals ....................,.......................$ Total Funds Budgeted ................. .^......... ....... ^ State Funds Budgeted ......................................... ^ Total Positions Budgeted

40,728,356 8,961,137
64,050 40,000 14,408 480,222 91,492 360,000 1,284,000
383,000 52,406,665 44,652,434
4,897

11. State Youth Development Centers Budget:
Personal Services ________-___~.___.___-..-_____-___..___.$ Regular Operating Expenses .....__---_.--_.--_._.$ Travel ____________________________________.............^ Motor Vehicle Equipment Purchases __._--_____.$ Publications and Printing ...................... i Equipment Purchases .........................................$ Per Diem and Fees _-.-.___......-....._,,.-.._.,,...-..._.,,..$ Computer Charges ....................................... ^ Total Funds Budgeted .................................^ State Funds Budgeted _,,_______.__._____,,,,______,,__.$ Total Positions Budgeted

5,738,007 1,275,962
23,990 29,400 3,900 38,000 37,300
8,000 7,154,559 7,078,559
619

12. Regional Youth Development Centers Budget:
Personal Services __--___.--__--.__________._______.___._$ Regular Operating Expenses _--....,,_.--___.--....--j Travel ..................................................... ^, Motor Vehicle Equipment Purchases ----____.-$ Publications and Printing ._-..__.___--.._--..--..___$ Equipment Purchases ,,_----_-_.------.----_--..._.$ Per Diem and Fees ,,._,,...-..._-.,,...,,_.-_..-.-._.__......$ Computer Charges ..................................... ..^ Grants to County-Owned Detention
Centers -......-.._._-.....-_.-._-..-__......-.,,,,-.-..-.-__..-..$ State of Georgia General Obligation
Debt Sinking Fund/Authority Lease Rentals ...............................................^ Total Funds Budgeted .............................% State Funds Budgeted .............................% Total Positions Budgeted

1,919,611 520,865 18,138 12,000 1,450 30,945 52,100 --0--
400,000
170,000 3,125,109 3,114,109
262

TUESDAY, FEBRUARY 26, 1974

2321

Budget Unit Object Classes:

Personal Services .. .___..-.....____._...-,,,,........_. ...... $ 108,160,708

Regular Operating Expenses ____,,,,__. ___,,_. $ 23,785,998

Travel _____-.-..........._..__-.,,...___._..__-......_...__.___........... $ 297,981

Motor Vehicle Equipment Purchases ____._,,_ $ 129,795

Publications and Printing ._........,,._.__..__......_____.$

84,517

Equipment Purchases ....___.___..______.....,,__..__,,..,,... $ 853,287

Per Diem and Pees ....___......_-._....._,,____........._____..$

680,134

Computer Charges -.__,,,,_______,,_,,_,,_,,_,, $ 1,052,910

Grants to County-Owned Detention

Centers ..-.__.--.....-...-.__-...-...__-__._-.......__-__-___._..... $ 400,000

Capital Outlay _.________.__.__-___-___.._______-___--______._____.$ 444,560

Authority Lease Rentals .....,,_...__..........___.....__..._ $ 5,545,000

State of Georgia General Obligation

Debt Sinking Funl/Authority

Lease Rentals .__.........._,,........_..,,_-..,,....._.._._...$ 895,000

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals, $170,000 is specifically appropriated for the purpose of financing the construc tion and equipping of Regional Youth Development Cen ters to be located in the vicinity of Macon, Griffin and Eastman through the issuance of not to exceed $2,000,000 in principal amount of General Obligation debt or through the issuance of not to exceed $2,000,000 in principal amount of bonds by the Georgia Building Au thority (Hospital). Should the Georgia State Financing and Investment Commission elect to issue General Ob ligation Debt to finance said undertaking, said amount shall be appropriated to the "State of Georgia General Obligation Debt Sinking Fund". Should the Commission determine that said undertaking be financed through the issuance of bonds by the Georgia Building Authority (Hospital) said amount shall be appropriated to the De partment of Human Resources and used for the pur pose of paying lease rentals.

Section 23. Department of Labor.

A. Budget Unit: Inspection Division .______,,,,________$ 429,354

Inspection Division Budget:
Personal Services _______......_.....__-._..........._______._.$ Regular Operating Expenses --_--,,.._--.--....__.___ $ Travel .......,,._..__..,,..........__......._......._.,,_........._,,.._.$ Motor Vehicle Equipment Purchases ,,--__..... $ Publications and Printing _...___....,,....,,.._._..,,......$ Equipment Purchases _...._,,....._...._....._____._... $ Per Diem and Fees ,,_,,.__,,__----___________,,___.___$ Computer Charges __,,,,-_._______,,,,__,,________,,__,,$ Total Funds Budgeted _,,____.___._.__,,,,,,_.,,___,,._$ State Funds Budgeted ......_._........,,..__._............._. $ Total Positions Budgeted

358,854 16,376 50,000 --0--
2,000 1,500
624 --0-- 429,354 429,354
30

2322

JOURNAL OF THE SENATE,

Budget Unit Object Classes:
Personal Services ________________________,,_.__.,,,,,,_.__,,. $ Regular Operating Expenses .,,,,,,_____.,,__,,__.___ $ Travel ...................................................... $ Motor Vehicle Equipment Purchases ,,__.________ $ Publications and Printing .___...________.________.___._...___$ Equipment Purchases ....................................$ Per Diem and Fees ..............,......................$ Computer Charges ..........................................$

358,854 16,376 50,000 --0-- 2,000 1,500
624 --0--

B. Budget Unit: Basic Employment, Work

Incentive, Manpower Services, and

Unemployment Compensation Reserve

Fund .^

.............................. $

1,781,298

1. Basic Employment Security Budget:
Personal Services .................._.___,,__.___.,,....,,____.._..$ Regular Operating Expenses .............................. ^ Travel ........................................................... ....$ Motor Vehicle Equipment Purchases ___.__.___-._ $ Publications and Printing .................................$ Equipment Purchases ..........................................$ Per Diem and Fees ........................................ ^ Computer Charges ........................................ ..^ Total Funds Budgeted .........................................^ State Funds Budgeted ....................................$ Total Positions Budgeted

12,801,467 1,460,622
218,400 --0-- 110,250 119,028
--0-- --0-- 14,709,767
75,000 1,008

2. State Administrative Fund Budget:
Personal Services ................................. .^, Regular Operating Expenses ................ $ Travel ........................................................... $ Motor Vehicle Equipment Purchases ____.._._.__-_$ Publications and Printing ________________________________$ Equipment Purchases .................................... ..^ Per Diem and Fees -----.------_.,,..__.._____....._...$ Computer Charges ...................................$ Total Funds Budgeted ...................................$ State Funds Budgeted ............................$ Total Positions Budgeted

103,108 80,497
--0-- --0-- --0-- --0-- --0-- --0-- 183,605 183,605
5

3. Manpower Training Budget:
Personal Services .........................................$ Regular Operating Expenses .......-......................$ Travel ,,____--__--_,,______,,_._--_--___,,,,____.._,,._____........_...$ Motor Vehicle Equipment Purchases ..,,..,,_,,,,$ Publications and Printing -,,_._-__..,,...,,...,,___..._$ Equipment Purchases ...................................$ Per Diem and Fees .........................................^ Computer Charges --.---,,,,__________,,____.,,,,___.,,...,,..$ Total Funds Budgeted .................................. ^ State Funds Budgeted ...................................^ Total Positions Budgeted

2,008,991 224,700 50,400 --0-- 12,600
5,250 --0^ --0--
2,301,941 --0--
216

TUESDAY, FEBRUARY 26, 1974
4. Other Manpower Services Budget:
Personal Services _-,,_..--__--,,______________,,_____.____. $ Regular Operating Expenses -__,,__._____-_--_-___. $ Travel _._____._______.___,,_..___,,____._ $ Motor Vehicle Equipment Purchases ........... $ Publications and Printing _....._......_..._._..__._..... $ Equipment Purchases .........................,.....$ Per Diem and Fees .,,----.--_---_.--,,--_----.,,.__._ $ Computer Charges _.._-,,-__..-.-_._.--,,-,,-_--,,-_..$ Total Funds Budgeted ..........................................$ State Funds Budgeted ..........................................% Total Positions Budgeted

2323
969,488 32,760 2,205
--0-- 23,835
--0-- --0-- --0-- 1,028,288 --0--
81

5. Correctional Manpower Program:
Personal Services ........................................ ^ Regular Operating Expenses .............................$ Travel ............................-.., .........$ Motor Vehicle Equipment Purchases _,,.__--_._ $ Publications and Printing ....................................$ Equipment Purchases .........................................-$ Per Diem and Fees ........................................^ Computer Charges ..........................^ ............% Total Funds Budgeted ._..._.............................. ^ State Funds Budgeted .........................................$ Total Positions Budgeted

693,000 212,073 33,033 --0-- --0--
1,272 --0-- --0-- 939,378 409,510
58

Unemployment Compensation Reserve Fund Budget:
Unemployment Compensation Reserve Fund --..._..--._--,,._--_-_.----.._,,--_--._-- $
Total Funds Budgeted .._.-...-_.--..__....._.._..._--..._... $ State Funds Budgeted ...........................................^

300,000 300,000 300,000

7. Work Incentive Budget:
Personal Services --,,-_.--.__.,,..-_..,,_... Regular Operating Expenses ...._..,,....._Travel ....___......-._.-..-__.__._-.._.._._....___.. Motor Vehicle Equipment Purchases Publications and Printing ..................... Equipment Purchases .......................... Per Diem and Fees ........................... Computer Charges ............... ...... ...... WIN Grants ...................... Total Funds Budgeted ......................... State Funds Budgeted ...-..-..-.....-..... Total Positions Budgeted

2,668,833 3,540,000
100,000 --0-- --0--
54,000 --0-- --0--
1,769,000 8,131,833
813,183 232

Budget Unit Object Classes:
Personal Services ............... Regular Operating Expenses Travel ....................

19,244,887 5,550,652
404,038

2324

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases ------_ $ Publications and Printing ............................... ^ Equipment Purchases ---------------------- $ Per Diem and Fees ----------------------------$ Computer Charges ----------------------------. $ WIN Grants ........................... ..^
Unemployment Compensation Reserve Fund .................. $

--0-- 146,685 179,550 --0-- --0-- 1,769,000
300,000

Section 24. Department of Law. Budget Unit: Department of Law ------------------$ 1,884,019

1. Attorney General's Office Budget:
Personal Services __--__------------------ $ Regular Operating Expenses --_--------.----.$ Travel ........................................... .^ Motor Vehicle Equipment Purchases ----___-- $ Publications and Printing ........................... ^ Equipment Purchases ...........................................^ Per Diem and Fees ......................................... ^ Computer Charges __--------......--...................-....-^ Total Funds Budgeted ............................. ^ State Funds Budgeted ----------------------_ $ Total Positions Budgeted

1,556,331 140,800 43,500 --0-- 14,400 10,500 20,850 450
1,786,831 1,719,631
78

2. State Library Budget:
Personal Services .---------------------------------? Regular Operating Expenses .................... ..^ Travel ---------__---------------_.--------$ Motor Vehicle Equipment Purchases _-------- $ Publications and Printing ,,......_..........................% Equipment Purchases ..........................................^ Per Diem and Fees ................................-i Computer Charges .............................................$ Books---------------------------I Total Funds Budgeted ----...----_------__----$ State Funds Budgeted _----------------------__ $ Total Positions Budgeted

132,388 5,000 140
--0-- 250
2,000 550 60
24,000 164,388 164,388
11

Budget Unit Object Classes:
Personal Services .------------------------------$ Regular Operating Expenses ---------------- $ Travel -.--------------------__--------_------ $ Motor Vehicle Equipment Purchases _------ $ Publications and Printing _............................^ Equipment Purchases .......................................^ Per Diem and Fees ..........................................^ Computer Charges --------------------------.$ Books for State Library ..................$

1,688,719 145,800 43,640
--0-- 14,650
12,500 21,400
510 24,000

For the cost of operating the Department of Law provided that the compensation of all Assistant At-

TUESDAY, FEBRUARY 26, 1974

2325

torneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds ap propriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law.

Section 25. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration (No direct State General Fund Appropriation is required) .,,.._--_...___.,,,,..$

--0--

1. Examinations and Recruitment Budget:
Personal Services .................................$ Regular Operating Expenses ,,__._____----.___......... $ Travel .......................................................^ Motor Vehicle Equipment Purchases ____..__..... $ Publications and Printing __._.,,_............___..._........ $ Equipment Purchases ,,--_-__.--.__--,,__------..---__-,,. $ Per Diem and Fees ....................................$ Computer Charges ----,,--.---,,--.-- ,,___ $ Total Funds Budgeted ....................$ State Funds Budgeted _______________,,._.,,_._____.____.._.___ $ Total Positions Budgeted

328,283 13,350 1,500
--0-- 13,200 3,830 2,000 45,000
407,163 --0--
26

2. Classification and Compensation Budget:

Personal Services _....,,......_--,,.........._.....___..,,_..... $

Regular Operating Expenses ,,_.____----..-.--__-___.$

Travel

.._____.___._.__________._.

$

Motor Vehicle Equipment Purchases ....._ $

Publications and Printing ...._......__._..,,._....,,..,,.___.$

Equipment Purchases ....___.____..............................$

Per Diem and Fees ..............................$

Computer Charges ,,______________,,_,,_,,_,,._____,,,,. $

Total Funds Budgeted ----__-_-.,,.......--...._..____--..$

State Funds Budgeted ............................ ^

Total Positions Budgeted

3. Personnel Transactions Budget:
Personal Services .........................................^ Regular Operating Expenses .....__,,................$ Travel .............................................................$ Motor Vehicle Equipment Purchases ----_,,__ $ Publications and Printing ....................... ^ Equipment Purchases ..-...-....,,_,,__,,___--__--_.__--,,--$

287,851 7,850 2,400
--0-- 6,675 1,500 500 56,000
362,776 --0--
21
189,133 6,800 100
--0-- 3,650 250

2326

JOURNAL OP THE SENATE,

Per Diem and Fees ._..._._,,-...,,.........,,--_..............$ Computer Charges .__.___,,,,_----.___._____--........____.$ Total Funds Budgeted ._............ ^... ...............$ State Funds Budgeted ___._____,,.___.___.___.____.__.___.$ Total Positions Budgeted

--0-- 178,800 378,733 --0--
19

4. Employees' Training Budget:
Personal Services ....-....-....,,,,...--..........-...-..._....._.$ Regular Operating Expenses ___,,__,,,,.___,,--___..____$ Travel ...... .......................^ ......................$ Motor Vehicle Equipment Purchases ........... $ Publications and Printing ......,,...__,,_,,___.___,,_.,,$ Equipment Purchases ....,,,,--._.._,,,,.._.----.----....$ Per Diem and Fees .............................. ....^ Computer Charges _-,,_.._.._._,,_,,__..._..__..__.,,.$ Total Funds Budgeted .............................. .^ State Funds Budgeted ........................ ........^ Total Positions Budgeted

185,753 15,150 4,450 --0--
5,300 300
25,000 200
236,153 --0--
13

5. Employee Relations Budget:
Personal Services __________--_____--____.____.,,__________,,____.$ Regular Operating Expenses ....._...----__,,___....$ Travel ..............................................................^ Motor Vehicle Equipment Purchases ....___,,. $ Publications and Printing ............ ..................^ Equipment Purchases ,,_____--_______,,_------_,,____.$ Per Diem and Fees _._.______.^ .________._.___$ Computer Charges .__-___-___.__--_.___ .................,,_$ Total Funds Budgeted .__.,,.._..........._________........$ State Funds Budgeted __...-...._,,_...................___._.$ Total Positions Budgeted

83,494 3,150 3,000 --0-- 5,000 1,700
700 --0--
97,044 --0--
5

6. Intergovernmental Relations and Career Development Budget:
Personal Services ___._--........--_........-____.-...............$ Regular Operating Expenses .____,,._.......--.____......$ Travel ..-______.........-..___.__--_.-__..-...-..__._...........-.$ Motor Vehicle Equipment Purchases ....____.,, $ Publications and Printing .-.._,,_,,......_.__-___.........$ Equipment Purchases ...-.---------..-_,,__.....--..-..___.$ Per Diem and Fees _____.______,,_._____.._._____,,_.________.___.$ Computer Charges .--,,________--_---_________.,,,,_________,,__.$ Total Funds Budgeted ..........................................I State Funds Budgeted ........__.__......___.-___.........__... j Total Positions Budgeted

87,430 55,616 4,300 --0--
650 1,300
400 6,000 155,696 --0--
5

7. Employees' Health Insurance Budget:
Personal Services .................................................I Regular Operating Expenses ....,,..--...--_----,,.-_.$ Travel ................................... ^...$ Motor Vehicle Equipment Purchases ----......_.$ Publications and Printing .........,,___................_.$

166,314 13,075
1,575 --0--
2,550

TUESDAY, FEBRUARY 26, 1974
Equipment Purchases .,,.-..--......_........--,,,,-----_.$ Per Diem and Fees ._.____________.___.___.___.____.-_____-_ $ Computer Charges ____._____________.,,_____________.___ $ Total Funds Budgeted .......____.-___~___-__-~~~-- $ State Funds Budgeted .,,..................--._..__-_-__--.$ Total Positions Budgeted

2327
1,100 6,000 18,000 208,614 --0--
15

8. Internal Administration Budget:

Personal Services __....._....._.,,.--._..........._,,_______.__ $

Regular Operating Expenses ______.__-.--.--.-._,,--.$

Travel -------------

$

Motor Vehicle Equipment Purchases .-....---- $

Publications and Printing _____________,,____.-..--__--.--.$

Equipment Purchases _____--------_-----_ $

Per Diem and Fees _______._____________._____.,,_.____$

Computer Charges ,,__._._______.__....._,,$

Total Funds Budgeted _....._.-._.-...______..-....-..........$

State Funds Budgeted __._....................___...____-._-.$

Total Positions Budgeted

Budget Unit Object Classes:
Personal Services __.____,,__________________________.___$ Regular Operating Expenses ------_--------.----.$ Travel .__________,,_.,,___________________.._.$ Motor Vehicle Equipment Purchases _,,____,,.,,_. $ Publications and Printing .........,,_.___.__.--.--..-....$ Equipment Purchases ____,,.-_---------__$ Per Diem and Fees ........_._..._.__..___....___.................$ Computer Charges ____.._..........._.....__,,__._.............. $

244,618 12,575 4,400
--0-- 4,400 3,100 2,100 6,000
277,193 --0--
18
1,572,876 127,566 21,725 --0-- 41,425 13,080 36,700 310,000

Section 26. Department of Natural Resources.
Budget Unit: Department of Natural Resources ................................................................I 29,369,806.75

1. Internal Administration Budget:
Personal Services .__..............................__.__...____..._ $ Regular Operating Expenses ___.__............_.._..___. $ Travel ......._-__.___.__-.-............-.-.-....._.._.._.._.--.--.--- $ Motor Vehicle Equipment Purchases ________ $ Publications and Printing __________.___._.__.._..____..___ $ Equipment Purchases .,,.-.--.-.-.-...--..__._------------$ Per Diem and Fees ,,,,.___..-________.__.....__.._______________ $ Computer Charges .........,,__._...__.._._................._.._.$ Total Funds Budgeted ........................-..--........I State Funds Budgeted .__.,,.......................__,,__.___._.$ Total Positions Budgeted

751,732 261,822
8,600 3,400 68,000 12,550 30,000 107,000 1,243,104 1,243,104
58

2. Public Relations and Information Budget:
Personal Services -__.._...................-_..__.._.-.-.........$ Regular Operating Expenses ____--_-_-__$

237,018 63,400

2328

JOURNAL OF THE SENATE,

Travel .............................................................$ Motor Vehicle Equipment Purchases __...,,......$ Publications and Printing -_-.......-...-.-...._.........--$ Equipment Purchases ....................................$ Per Diem and Fees ...................................... ^ Computer Charges --.--.--.-..----_---------.----..,, $ Total Funds Budgeted ................ $ State Funds Budgeted _,,__...__.--,,$ Total Positions Budgeted

6,200 7,500 250,000 15,000 13,000 --0-- 592,118 592,118
19

3. Planning and Research Budget:

Personal Services ............................................$

Regular Operating Expenses ,,...--.--..--.._.-----$

Travel ..................................._.............................. $

Motor Vehicle Equipment Purchases _____----_$

Publications and Printing ......___._.--.,,..__,,___._.._.$

Equipment Purchases ............__...__..___.._...............$

Per Diem and Fees ....._-.....-_.-.--.,,.........-.,,......... $

Computer Charges

.......--...................... .^

Land and Water Conservation Grants ___.________$

Recreation Grants .._--...............-------___._-_-___.___ $

Total Funds Budgeted ___._._-_._____.___,,.....___.___.______.___.$

State Funds Budgeted ................................ .^

Total Positions Budgeted

884,219 182,713 65,500 --0-- 74,850 28,800 98,500
3,000 4,000,000
200,000 5,537,582 1,380,403
61

4. Unicoi Budget:
Personal Services .______.._............._......_...................$ Regular Operating Expenses ------------------.-$ Travel .............................................$ Motor Vehicle Equipment Purchases .....----.. $ Publications and Printing ...._......--._..____,,..__.__.$ Equipment Purchases ,,_,,__._,,___----_-_--,,--------. $ Per Diem and Fees ..-......-.........-..---.,,_.-.-_-_-.$ Computer Charges ............. _............................^ Total Funds Budgeted ................................ 4 State Funds Budgeted ....,,...__-..-.__..___..___,,._.__-___.$ Total Positions Budgeted
5. Game Management Budget:
Personal Services .................................................^ Regular Operating Expenses ...................... i Travel ........-.-.-...-_-.,,-.,,..,,.........__,,,,__................... $ Motor Vehicle Equipment Purchases .............$ Publications and Printing ........................$ Equipment Purchases ........................................$ Per Diem and Fees ................................ ......^ Computer Charges ...-.,,....,,........_.--.............,,__.,,$ Total Funds Budgeted ...................................$ State Funds Budgeted _-_,,______-__.-.-,,----,,-- $ Total Positions Budgeted
6. Fisheries Management Budget:
Personal Services ...........................................^

604,436 324,500
19,000 30,500 20,000 36,200 35,300 -- 0-- 1,069,936 685,521
48
1,188,863 483,000 9,000 150,590 15,000 86,600 3,000 --0--
1,936,053 1,042,717
109
1,336,513

TUESDAY, FEBRUARY 26, 1974

2329

Regular Operating Expenses --.-------.-__.--..-- $ Travel .................................................. $ Motor Vehicle Equipment Purchases ................$ Publications and Printing __._.______,,___________-_..__.___.$
Equipment Purchases _._...,,.,,..........,,..........,,......$ Per Diem and Fees ....................................^ Computer Charges ............................................$ Capital Outlay ..................................................$ Total Funds Budgeted .-...-........-..-...-...-.....,,______-$ State Funds Budgeted ................................... $ Total Positions Budgeted

488,094 32,000
117,450 10,500
112,755 3,000 1,900
215,000 2,317,212 1,836,274
110

7. Law Enforcement Budget:
Personal Services ....-.._........-.-._........_...._........._-... $ Regular Operating Expenses ........................$ Travel ....._......-.-_.--..._--...__-...,,__..._.-._.-...-......._______.__. $ Motor Vehicle Equipment Purchases __...............$ Publications and Printing ................... ^ Equipment Purchases ,,________________,,,,_,,__________._ $ Per Diem and Fees .......................^ Computer Charges _--,,---,,,,---_--_---,,--------_ $ State of Georgia General Obligation
Debt Sinking Fund ___________________________________________ $ Total Funds Budgeted ......__.............................,$ State Funds Budgeted .........................................^ Total Positions Budgeted

2,585,989 759,535 34,101 248,280 29,394 162,267 --0-- --0--
27,000 3,846,566 3,651,836
240

8. Project Evaluation Budget:
Personal Services ...............................................^ Regular Operating Expenses -_-____------..--._..___ $ Travel _._______.__________.______.___.___.-.-$ Motor Vehicle Equipment Purchases ......__.____ $ Publications and Printing ....................................I Equipment Purchases ........._------_,,---.-----.--....$ Per Diem and Fees .--_....--..__--..__.___-__._..__,,....,,,,.$ Computer Charges ..--.-.-_------.-.-.____------------. $ Total Funds Budgeted ...............................$ State Funds Budgeted .^....................................^ Total Positions Budgeted
9. Coastal Marshlands Protection Budget:
Personal Services _-..___-_..-,,._______________.__..__......._......$ Regular Operating Expenses .----.._--,,-.-----_,,_ $ Travel ___.___.____._........._._.........._............................... $ Motor Vehicle Equipment Purchases .___....--.. $ Publications and Printing ........................if Equipment Purchases ----.--.......--.--.......--_._.--... $ Per Diem and Fees ........ ......... ................. ^ Computer Charges ........................................$ Total Funds Budgeted ......................................... i State Funds Budgeted ............................... ..^ Total Positions Budgeted
10. Parks and Historic Sites Operations Budget:
Personal Services ......................................^

63,241 8,575 2,300 3,400
600 2,500 --0-- --0-- 80,616 80,616
4
29,077 1,600 2,500
--0-- --0--
500 2,400 --0-- 36,077 36,077
2
3,195,354

2330

JOURNAL OF THE SENATE,

Regular Operating Expenses ...............................^ Travel --__-.---__.............................. .......J^ Motor Vehicle Equipment Purchases ...._...,,.___$ Publications and Printing ...............................^ Equipment Purchases ...................................... ^ Per Diem and Fees .........^................................^ Computer Charges ._...........,,._..._..._....-- ._._........-.$ Capital Outlay ,,_,,._..___.___._-,,,,_.._______--,,. ^.__ -- $ Authority Lease Rentals ......................................4
State of Georgia General Obligation Debt Sinking Fund .................................^
Total Funds Budgeted ___.----___.-----.--$ State Funds Budgeted ........................$ Total Positions Budgeted

1,809,252 41,775 234,130 13,200 252,089 24,400
--0-- 1,780,200 2,526,000
45,000 9,921,400 8,171,400
316

11. Geologic and Water Resources Research Budget:
Personal Services ............................................$ Regular Operating Expenses _________,,_--_._________..$ Travel ......................................... ...^ Motor Vehicle Equipment Purchases _,,____,,___.$ Publications and Printing .-..--_.,,.._-_..-...-......._.$ Equipment Purchases ......--._._.,,_..______...............,_.$ Per Diem and Fees ,,..-_-..__,,.............--_ ..,,........$ Computer Charges _.........--...............................$ Contract with U. S. Geological Survey
for Ground Water Resources Survey ..,,....._.$ Total Funds Budgeted ................................. .^ State Funds Budgeted ____,,__.________._,,-__.__--_.___,,-$ Total Positions Budgeted

458,765 57,475 23,203 29,550 26,000 64,072
6,400 --0--
176,000 841,465 808,465
33

12. Topographic Mapping Budget:
Contract with U.S. Geological Survey for Topographic Maps ....................................
Total Funds Budgeted ......................... State Funds Budgeted ..-.....___...-......_-.,,._....... Total Positions Budgeted

1,585,000 1,585,000 1,335,000

13. Water Supply Budget:
Personal Services -______.--_,,,,..-__-____.,,.__._____-__-_,,_______$ Regular Operating Expenses ________..__.____._____._.____$ Travel ..____........_-_,,.-.-..-.._,,,,_..-.....,,.._......,,_....._.$ Motor Vehicle Equipment Purchases -----------$ Publications and Printing _---..--.-__.._.---..__.,,......$ Equipment Purchases .............._,,...._......,,,,......,,$ Per Diem and Fees ........._,,..-......___.,,...........,,_...._$ Computer Charges .--..-_._--.--,,._....._...-.,,,,........$ Total Funds Budgeted .___,,__.____.___,,____.___._,,___________$ State Funds Budgeted ............... .......^ Total Positions Budgeted

444,703 37,800 26,004
--0-- 5,000 21,500
--0-- 20,000 555,007 555,007 35

TUESDAY1, FEBRUARY 26, 1974

2331

14. Water Quality Budget:
Personal Services _.__._--_-._.....____________..___-__.__.____$ Regular Operating Expenses .--.--____,,.............. ^ Travel _~_,,...._..._._________________,,___.___,,__.____,,_______. $ Motor Vehicle Equipment Purchases ..................$ Publications and Printing --..--.._--_.._.._.._..,,..._.$ Equipment Purchases .....--............................_..._.._$ Per Diem and Fees -------------..-.----_.._.._..._.._...$ Computer Charges .... ...............................$ Water and Sewer Grants ..............................^ Total Funds Budgeted _-_____._-________.______,,______..._._.$ State Funds Budgeted ....................................^ Total Positions Budgeted

1,346,376
705,400 40,000
10,000
7,000 30,000 --0-- 30,000 2,000,000 4,168,776 2,913,939
94

15. Air Quality Budget:
Personal Services ..............................................$ Regular Operating Expenses -_...._..,,.._.._..,,.........$ Travel ---.-.-_-_._.___.____.___.___$ Motor Vehicle Equipment Purchases --.--.-..,,.._.$ Publications and Printing ._.._...__......_.__._..._..._.._.$ Equipment Purchases ............................................$ Per Diem and Fees -------------.--_.--..--.--._--_--_.$ Computer Charges .............................................$ Total Funds Budgeted ............................... 4 State Funds Budgeted ...................................^ Total Positions Budgeted

1,040,194 64,300 54,000
--0-- 3,000
41,774 --0--
35,000 1,238,268
738,268
77

16. Solid Waste Management Budget:
Personal Services .......................................$ Regular Operating Expenses _~__.~__~__._.-__.._.$ Travel ....................................... ...^ Motor Vehicle Equipment Purchases ................. i Publications and Printing ................................$ Equipment Purchases .........................................$ Per Diem and Fees ......................................^ Computer Charges .........................................$ Solid Waste Grants ...-............__-.,,_..-_-.,,_.._.-.,,...__. $ Total Funds Budgeted -.._...._..__...-..__...,,..._..._...__. $ State Funds Budgeted ................$
Total Positions Budgeted

496,124 36,088 29,532 --0-- 8,200 8,000
1,500 --0-- 2,000,000 2,579,444
2,575,642
35

17. Land Reclamation Budget:
Personal Services ..............................................$ Regular Operating Expenses ................................$ Travel _......__.._.-_-_.._.-_.-.-..-.-_.._...._..--_...$ Motor Vehicle Equipment Purchases _--_----_.--| Publications and Printing .............................^ Equipment Purchases ..........................................^ Per Diem and Fees ........................................$ Computer Charges ..................................... ^ Total Funds Budgeted ................................ ^ State Funds Budgeted .............................. ^ Total Positions Budgeted

143,770 26,500
9,775 --0--
2,500 1,425
4,000 20,000
207,970 207,970
9

2332

JOURNAL OF THE SENATE,

18. Heritage Trust Budget:
Capital Outlay _--_____..,,_._.-___.__--.-____.____.._____-__ $ State of Georgia General Obligation
Debt Sinking Fund .,,.-,,-_._.-.-_-_--..-_..._....$ Total Funds Budgeted .,,-...__-....,,..____...._.....,,...._.$ State Funds Budgeted .,,_....-._..._-....._-...,_-...._.....$ Total Positions Budgeted

538,449.75
302,000 840,449.75 840,449.75
0

19. Lake Lanier Islands Development Authority Budget:
Payments to Lake Lanier Islands Development Authority for Operations and Construction ,,,,.--._..__...--...~. $
Total Funds Budgeted .__..-_..,,-...,,....-..,,.._-_..$ State Funds Budgeted _.,,___,,___._________,,___.___.$ Total Positions Budgeted

675,000 675,000 675,000
100

Budget Unit Object Classes:
Personal Services .,,...._.....,,._..--........--_,,--._..--$ Regular Operating Expenses ----__-----_.,,--_--_$ Travel ....... ._...,, __.__._____.___.____,,_._________ $ Motor Vehicle Equipment Purchases ..-..........._.$ Publications and Printing ...__...__.._,,..__.........._.$ Equipment Purchases -.,,_...._....-,,..-._.._____-...__$ Per Diem and Fees _....__..-,,..-.__...,,..._..._.--._..$ Computer Charges ._-_.._.._.._-....._.._-...___..._...--.$ Land and Water Conservation Grants -...,,....,,..$ Recreation Grants _-..._,,..,,_.._.___._._-_.....-....-_,,....$ Water and Sewer Grants ,,_,,,,___._,,_._,,___________,,$ Solid Waste Grants --.------,,--,-,,$ Contract with U. S. Geological Survey for
Ground Water Resources Survey ,,...__-...__...,,.$ Contract with U.S. Geological Survey
for Topographic Maps -.,,_--.,,,,._._--._.--.__.._.$ Payments to Lake Lanier Islands
Development Authority for Operations and Construction --_----_,,,,..--___--_.$ Capital Outlay ,,..__..-.,,._........._-......_......_-..$ Authority Lease Rentals ___________,,___.____,,___.,,_____.$ State of Georgia General Obligation Debt Sinking Fund ...-.-.........._.....,,-..._....._...._$

14,806,374 5,310,054 403,490 834,800 533,244 876,032 221,500 216,900 4,000,000 200,000 2,000,000 2,000,000
176,000
1,585,000
675,000 2,533,649.75 2,526,000
374,000

Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section.

Provided, however, that none of the above ap propriation for Water and Sewer Grants shall be allotted to any county or municipality unless such county or municipality shall have reached its legally established

TUESDAY, FEBRUARY 26, 1974

2333

bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Re sources.

Provided, however, that from the appropriation to the Department of Natural Resources, $145,032 is designated and committed for payments in accordance with House Bill 1526.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $302,000 is specifically appropriated for the Heritage Trust program through the issuance of not to exceed $3,473,000 in principal amount of General Obligation Debt.

Provided, however, that of the above appropriation relative to Personal Services, $166,000 in State funds is designated and committed to upgrade Conservation Rangers.

Section 27. Department of Offender Rehabilita tion.

A. Budget Unit: Department of Corrections ,,._$ 3,782,677

1. General Administration and Support Budget:
Personal Services __.-_._______--_._-_____.-_-.__-? Regular Operating Expenses -----__._--___--_,,--.$ Travel ______________________ __-._,, _____ ,,____$ Motor Vehicle Equipment Purchases ..__--___. $ Publications and Printing __.__________-______.______$ Equipment Purchases ______,,___ .-________$ Per Diem and Fees __________,,_,,,,,,_____________$ Computer Charges _______,,______,,_,,,,-___._,,$ Inmate Release Fund--
Payments and Clothing -_-,,_-___-____.________..__.__ $ Total Funds Budgeted __-_.__.--____-___._________--_.$ State Funds Budgeted ____,,__________.____..________.$ Total Positions Budgeted

2,306,070 441,302 144,630 4,500 32,300 103,480 100,500 166,036
320,000 3,618,818 3,618,818
200

2. Construction, Maintenance, and Special Projects Budget:
Personal Services ___________________._____.$ Regular Operating Expenses --__-___ ______._.$ Travel _,,__,,_______,,___,,_____-______,,_,,__-_____$ Motor Vehicle Equipment Purchases __----___--$ Publications and Printing _____._--__-____--__--.$ Equipment Purchases --__--._--_________--_----___.$ Per Diem and Fees __.___._-_..__.._____-_.-___--____...______.$ Computer Charges _...___,,--_,,--_--_,,----_--_----$

116,859 33,500
6,000 4,000 --0-- 2,000 1,500 --0--

2334

JOURNAL OP THE SENATE,

Total Funds Budgeted ........................_,,_________.$ State Funds Budgeted --_----------_,,.._,,.__..._.$ Total Positions Budgeted

163,859 163,859
8

Budget Unit Object Classes:
Personal Services __,,--________________.__,,,,___,,.____$ Regular Operating Expenses ...........___.... ..----,,$ Travel .._.........-....,,._....._......,,_..,,..-....._..._._..,,....._..-$ Motor Vehicle Equipment Purchases ......-...-- $ Publications and Printing ...,,......._....,,,,.._...,,,,._$ Equipment Purchases ......_.._...._.._..__..........._..$ Per Diem and Fees ......... _,, ...............................I Computer Charges .._......^.._......._.......^.................,.$ Inmate Release Fund--
Payments and Clothing ...,,_..._..._.._...................$

2,422,929 474,802 150,630 8,500 32,300 105,480 102,000 166,036
320,000

B. Budget Unit: Correctional Institutions-------? 23,491,310

1. Georgia Training and Development Center Budget:
Personal Services ...,,.,,_-............,,.-.._.......,,.....$ Regular Operating Expenses .._...,,--_...--.,,,,----.$ Travel ..... ..................................._..... __......$ Motor Vehicle Equipment Purchases --.--------$ Publications and Printing _._..,,._..__..___._----..? Equipment Purchases ._..._-.__,,_._._._.,,,,._......_..,,_.$ Per Diem and Fees ......,,..__--..........._................._..$ Computer Charges ..--.----....._....,,-..____._._.,,-,,$ Total Funds Budgeted .-............--_-.__.......,,.......$ State Funds Budgeted ....._......,,__-.._........_.........$ Total Positions Budgeted

860,868 408,719
1,740
17,000 102
12,381 16,378 --0-- 1,317,188 1,317,188
80

2. Georgia Industrial Institute Budget:
Personal Services ........._.........._____.._,,__._._______.___$ Regular Operating Expenses ,,_-_---_--.--------..$ Travel ..................................... ....^ Motor Vehicle Equipment Purchases .__.--.--.....$ Publications and Printing _...........,,.__,,_..........__.$ Equipment Purchases _,,---__________,,,,_.____________,,..$ Per Diem and Fees __.--.._.......-.-..,,_._..-.-..-......_..$ Computer Charges _-------..,,.----.----...,,..--------.$ Capital Outlay __._.-...-..._.,,_._........-.....,,.............$ Total Funds Budgeted ..................__..-...............$ State Funds Budgeted -...........-_.-__.___..-......-...___.$ Total Positions Budgeted

2,084,565 1,248,171
11,142
58,800 615
32,015 12,283 --0-- 154,000 3,601,591 3,601,591
200

3. Georgia Diagnostic and Classification Center Budget:
Personal Services ___________._.____.._____..__,,._-_____._.$ Regular Operating Expenses --_--.,,_______----..___.$ Travel ......-............................$

2,256,108 874,316 4,094

TUESDAY, FEBRUARY 26, 1974
Motor Vehicle Equipment Purchases .--__...,,_._. $ Publications and Printing .......................$ Equipment Purchases ................................$ Per Diem and Fees ............ ............_......,,...__....$ Computer Charges ...................................................^ Capital Outlay ................................... ....^ Authority Lease Rentals .__....-__...__....,,.......___....$ Total Funds Budgeted .................................. ^ State Funds Budgeted ...._-..__..-.._-....___-...-__._......$ Total Positions Budgeted

2335
28,500 819
39,900 42,275 --0-- 18,000 640,000 3,904,012 3,904,012
225

4. Georgia State Prison Budget:
Personal Services ..................-...............................$ Regular Operating Expenses ............................. ^ Travel _______ ,,,,_..,,__. __,,._,,_______$ Motor Vehicle Equipment Purchases _.--____--___$ Publications and Printing ........................$ Equipment Purchases _______ _____ _________________$ Per Diem and Fees .______..___...____..__.__.___$ Computer Charges -- ____-______-___________,,______,,____.$ Capital Outlay ........................................................$ Total Funds Budgeted --___-_--__.,,_.._.-_.__.$ State Funds Budgeted ........................$ Total Positions Budgeted

4,795,450 2,119,652
9,165 54,000
1,535 129,621 63,540 --0--
50,000 7,222,963 7,157,963
469

5. Consolidated Branches Budget:
Personal Services ................................ ...^ Regular Operating Expenses .............................4 Travel ...................................................... ^ Motor Vehicle Equipment Purchases ............... ^ Publications and Printing ...................................$ Equipment Purchases ...........................................-$ Per Diem and Fees ___.__,,_______--__.___,,--,,___________.__$ Computer Charges ....................,................$ Capital Outlay ..................................$ Authority Lease Rentals ..................................... ^ Total Funds Budgeted .....__...............-_.._.-____.._.__.| State Funds Budgeted .__.....,,._,,...___.....__._-..___.._._..$ Total Positions Budgeted

4,765,454 2,691,978
50,354 111,360
3,572 99,976 120,700 --0--
8,000 200,000 8,051,394 7,510,556
501

Budget Unit Object Classes:
Personal Services .......................... ^ Regular Operating Expenses _._._-______~______.~__.$ Travel ......................$ Motor Vehicle Equipment Purchases __---....--.$ Publications and Printing ..........................--........^ Equipment Purchases .................................$ Per Diem and Fees ............................................^ Computer Charges .....................................$ Capital Outlay -...._,,-....____...._____.....___.-..._._-...-_ $ Authority Lease Rentals .--........-......--.....--.....-$

14,762,445 7,342,836
76,495 269,660
6,643 313,893 255,176 --0-- 230,000 840,000

2336

JOURNAL OF THE SENATE,

C. Budget Unit: Department of Offender Rehabilitation ..................................................^ 4,727,751

1. Adminstration and Federal Grants Budget:
Personal Services . _--__-__--__.-__-__-,,--________$ Regular Operating Expenses .............................. ^ Travel -_-.____._-.-.________---____________.__.__________...__________$ Motor Vehicle Equipment Purchases ----_____--_$ Publications and Printing -_____________-___,,____$ Equipment Purchases .......... _________--_______--_$ Per Diem and Fees -__-__.__.____-_____,,____________$ Computer Charges ..........................................^ Direct Benefits .___.__-___-,, ................................^ Total Funds Budgeted ................................... ^ State Funds Budgeted ........................ .........^ Total Positions Budgeted

905,132 152,521
71,973 --0--
800 19,745 13,960 7,490 74,400 1,246,021 240,838
89

2. Probation-Parole Supervision Regional Operations Budget:
Personal Services ........................................ ^ Regular Operating Expenses ...........................^ Travel -____.__-_____--_________________............^ Motor Vehicle Equipment Purchases ...............$ Publications and Printing ..................................^ Equipment Purchases ........................................^ Per Diem and Fees .............................................^ Computer Charges ........................................^ Total Funds Budgeted .................................^ State Funds Budgeted .............................^ Total Positions Budgeted

3,937,416 210,831 289,576 --0-- 1,372 40,000 7,718 --0--
4,486,913 4,486,913
363

Budget Unit Object Classes:
Personal Services ...............................................^ Regular Operating Expenses ............................^ Travel .................................................. ..^ Motor Vehicle Equipment Purchases -.---..----$ Publications and Printing ..................................^ Equipment Purchases .........................................J$ Per Diem and Fees ......................................^ Computer Charges ............................. ............^ Direct Benefits .................. ............^

4,842,548 363,352 631,549
--0-- 2,172 59,745 21,678 7,490 74,400

D. Budget Unit: Board of Pardons and Paroles ......................................^

422,647

Board of Pardons and Paroles Budget:
Personal Services ...............................................^ Regular Operating Expenses ...........................^ Travel ......................................................4 Motor Vehicle Equipment Purchases ______--___$ Publications and Printing ........... ....................^

368,800 18,747 27,000
--0-- 2,000

TUESDAY, FEBRUARY 26, 1974

2337

Equipment Purchases .................................$ Per Diem and Fees ....,,....,,....._,,.....__...._.,,..._......_.$ Computer Charges --._--..._----,,--..,,--.._,,--__._--_$ Total Funds Budgeted ._.-,,. ._.._.,,.___. _,,___.$ State Funds Budgeted -___--__-.,,__...-.-...-,,...._..-.$ Total Positions Budgeted

3,600 2,500 --0-- 422,647 422,647
21

Budget Unit Object Classes:
Personal Services .............................$ Regular Operating Expenses ..............................$ Travel ____ .........................................................^ Motor Vehicle Equipment Purchases ..___.._.__$ Publications and Printing ........................ ^ Equipment Purchases ..................................$ Per Diem and Fees ..................................$ Computer Charges ...................................^

368,800 18,747 27,000
--0-- 2,000 3,600 2,500
--0--

Section 28. Department of Public Safety. Budget Unit: Department of Public Safety-___~~__$ 24,900,442

1. Office of Highway Safety Budget:
Personal Services ..........................$ Regular Operating Expenses ............................^ Travel ____.____.__.._________.__$ Motor Vehicle Equipment Purchases _,,.--___--__$ Publications and Printing --.------__.--..^---__.--__$ Equipment Purchases ............................ ....^ Per Diem and Fees ......... .................. ...^ Computer Charges ...................................$ Total Funds Budgeted .................... ^ State Funds Budgeted .___....__...__-._..___.....__-.._._....$ Total Positions Budgeted

240,121 24,600 14,000
--0-- 7,000 3,000 1,000 2,000
291,721 --0--
16

2. Commissioner's Office Budget:
Personal Services ........................ .......^ Regular Operating Expenses -___,,..___..-.___.--_,,_._.$ Travel -__-.,,___-._.___...__-...,,_-...-.__..-._..-__.-...__.....,,-..-.$ Motor Vehicle Equipment Purchases ..__--.___--._$ Publications and Printing _._______.__________.______________.$ Equipment Purchases ............................................$ Per Diem and Fees ........................................$ Computer Charges ._--------_----_____-___--_____-________$ Total Funds Budgeted ......................................4 State Funds Budgeted ,,.___.-..__....._-....__,,.-.._...-__$ Total Positions Budgeted

740,625 107,955
16,140 17,500 13,903 2,800 47,410 --0-- 946,333 821,333
47

3. Staff Services Budget:
Personal Services .._----.- .___...--.._._--..__...._.._-$ Regular Operating Expenses ____.__--____.__-.____._____$ Travel .................................$ Motor Vehicle Equipment Purchases ,,.._---..--$

557,837 858,703
2,750 6,800

2338

JOURNAL OP THE SENATE,

Publications and Printing _...._.....________.,,_.,,,,_...__.$ Equipment Purchases ____,,_.______.____________..:_..________..__$ Per Diem and Fees _____........,,.._.______-._-......_____-.....$ Computer Charges ..____...........__..___..-...........,,-......$ Total Funds Budgeted __--.______._____---..___,,.__-___.$ State Funds Budgeted __,,_.___._____.-,,___.__,,__$ Total Positions Budgeted

29,441 120,360 10,660 158,210 1,744,761 1,744,761
62

4. Georgia State Patrol Budget:
Personal Services ---,,---,,----$ Regular Operating Expenses -_--___-._______-_____.______'$ Travel _----------...-- ---.....,,.--'-__..________,,__ $ Motor Vehicle Equipment Purchases .__._,,____._-.-$ Publications and Printing ___.___._......,,._._...........__.$ Equipment Purchases ._----.--i--_--_--_--__--__----$ Per Diem and Fees _______________,,_____________.___________.,,_.$ Computer Charges __.......-_______-._.......,,_______-__........$ Total Funds Budgeted ___~-________.._____-_~_______..____$ State Funds Budgeted --,,._--_-,,$ Total Positions Budgeted

12,848,738 2,070,637
50,400 527,600 583,103 153,594 130,000 674,139 17,038,211 16,594,307
1,084

5. Division of Investigation--Operations Budget:
Personal Services ___.___.-_________-........,,__.__!._.$ Regular Operating Expenses _____-------.___------.$ Travel ............--------------------,... $ Motor Vehicle Equipment Purchases ....,,______,,--.$ Publications nad Printing ,,_,,_______-__--..______________$ Equipment Purchases -____--__,,,,_____._,,_--_______________.$ Per Diem and Fees __,,_-,,.__________,,_________,,_$ Computer Charges ____,,,,,,_______,,,,-,,________$ Evidence Purchased ......-___-_____.--...........___.___........$ Total Funds Budgeted -_________,,__.________-________,,_______..$ State Funds Budgeted _____,,__.-........-._______..-..........$ Total Positions Budgeted

2,566,133 542,810 115,000 192,000 12,950 82,000 128,500 8,500 65,000
3,712,893 3,204,601
189

6. Crime Laboratory Budget:
Personal Services _-_____._______-__-__--______,,_____________.____.$ Regular Operating Expenses --------------_----.$ Travel ,,_______._.._..._..__...._..__..._..._.....$ Motor Vehicle Equipment Purchases ._............__.$ Publications and Printing .,,.____.__.__........,,.._._______.$ Equipment Purchases ...____.___-................_________-..$ Per Diem and Fees ...._-_.._._.____--_........__._$ Computer Charges __,,--.--_______,,----_.--_._.._____--.$ Total Funds Budgeted __-_____.__--__--___._--_._____,,______.$ State Funds Budgeted ._____-.......-...-...._._____-__........$ Total Positions Budgeted

921,118 146,339
17,000 20,800
5,800 193,500 24,700 --0-- 1,329,257 1,299,257
67

7. Georgia Crime Information Center Budget:
Personal Services _......______..........-.,,:_--........,,___$ Regular Operating Expenses ___.__.,,..........___.__.....$

1,189,377 508,363

TUESDAY, FEBRUARY 26, 1974
Travel .........................................................$ Motor Vehicle Equipment Purchases --..__......--$ Publications and Printing _...._ ...................^..... $ Equipment Purchases ________,,.____.-________.____,,$ Per Diem and Fees ._.-.-.._._-..-..,,..._.-.--.-..._.......__$ Computer Charges ....................................$ Total Funds Budgeted __.__. .__.__^ ,,____._,,___,,____,,,,$ State Funds Budgeted ...-_......._...._,,......__....____.$ Total Positions Budgeted

2339
21,000 12,000 25,000 30,000 10,000 850,000 2,645,740 1,236,183
140

Budget Unit Object Classes:
Personal Services _-_.~___-___--~__._..___....,,___....--,,.....$ Regular Operating Expenses _.--_--_----------._$ Travel ........................ ..-..-..^ .,......$ Motor Vehicle Equipment Purchases --_----,,_.$ Publications and Printing _.....__......_.........__....,,__.$ Equipment Purchases ,,___--_---__--_--__----,,,,.--_..___$ Per Diem and Fees ............ .....____....._......_.$ Computer Charges _--______,,_._--,,___--__.-__--_,,.-_--___$ Evidence Purchase _--______-- _.......,,...._....._..$

19,063,949 4,259,407
236,290 776,700 677,197 585,254 352,270 1,692,849 65;000

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Geor gia's portion of the cost of the membership in the Ve hicle Equipment Safety Compact, the American Asso ciation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Provincial Police).

Section 29. Public School Employees'

Retirement System.

*

Budget Unit: Public School Employees' Retirement System .........f........ ..........................$
Departmental Operations Budget: Regular Operating Expenses ------__----,,__--._$ Employer Contributions ._..--__....__-....,,_.-.-..,,.-..._$ Total Funds Budgeted ........................... ....^ State Funds Budgeted .................... ..^

7,396,000
137,000 7,259,000 7,396,000 7,396,000

Budget Unit Object Classes:
Regular Operating Expenses ......................$ Employer Contributions ....___...._.__....__.__.....__.....__,,$

137,000 7,259,000

" Section 30. Public Service Commission. Budget Unit: Public Service Commission ..,,__...._.$

2,068,947

1. Administration Budget:
Personal Services ___._.___...--__..._......,,.......,,_......$ Regular Operating Expenses ___._,,...,,_-.,,...__,,_..$ Travel .-__.._-__-..-__-....,___...._,,.....--..._^_.-.-._..._.....$

446,115 18,550 .4,500

2340

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases --_______--$ Publications and Printing --------_________,,_______,,$ Equipment Purchases ................................... ^ Per Diem and Fees ................................................^ Computer Charges .,,______------.,,_..--.------_,,____$ Total Funds Budgeted __,,__-__,,__,,,,._,,__,,_.,,_.,,$ State Funds Budgeted ,,.-..--._..._.....__.................$ Total Positions Budgeted

--0-- 1,500 3,200
15,000 --0-- 488,865 488,865
27

2. Transportation Budget:
Personal Services _.......... ..^1 ................$ Regular Operating Expenses _______,,___._._________________$ Travel .....^............................................ ....................$ Motor Vehicle Equipment Purchases _________________.$ Publications and Printing -_-----_______________________.$ Equipment Purchases ------------_________________________.$ Per Diem and Fees ..................................................^ Computer Charges ---_---_-----._______--___._...,,$ Total Funds Budgeted ..........................................^ State Funds Budgeted ______~_~__.________________________.$ Total Positions Budgeted

476,042 107,800 35,000 12,000
9,700 18,500 3,000 --0-- 662,042 662,042
44

3. Utilities Budget:
Personal Services -----------_--_----___,,______________________$ Regular Operating Expenses ----_________________________.$ Travel ...................................$ Motor Vehicle Equipment Purchases ________________ $ Publications and Printing _,,._,,,,__.__,,__,,,,,,,,,,,,,,__,,_$ Equipment Purchases -__------_--______.______.,,_______.$ Per Diem and Fees ....-..._--__-_............____....____$ Computer Charges .......................................... ......^ Total Funds Budgeted _,,,,___,,__-___,,__,,_,,__,,,,__,,$ State Funds Budgeted ............................. .^ Total Positions Budgeted

691,840 132,150
27,000 12,000 9,000 35,050 36,000 --0-- 943,040 918,040
53

Budget Unit Object Classes:
Personal Services __-,,-_------____-_--_._-._____________.$ Regular Operating Expenses _,,-,,___,,__.._____-$ Travel ......................... .^4 Motor Vehicle Equipment Purchases ,,_,,,,,,_-,,,,_-$ Publications and Printing ....................................^ Equipment Purchases ,,,,_----_.-.__.________________________.$ Per Diem and Fees ._......----_----.._._.-.._..___,,__..$ Computer Charges ......................................... ...^

1,613,997 258,500 66,500 24,000 20,200 56,750 54,000 --0--

Sections 31. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions _..........________$ 253,321,707

TUESDAY, FEBRUARY 26, 1974

2341

1. Resident Instruction Budget:

Personal Services _._.__.._.,,______________________________________.$ 218,561,333

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publications

and Printing, Per Diem and Fees, Equipment

Purchases, and Computer Charges ..................I 62,143',000

Teachers' Retirement ....___......................_____.._._.--$ 16,200,500

Capital Outlay .,,,..,,,, .... ---,,----$ 1,500,000

Authority Lease Rentals ._____..,,._______._______,,_.._.__.-$ 22,739,136

General Obligation Bonds ,,---,,--------$ 2,000,000

Total Funds Budgeted .............................._.__.--_._.$ 323,143,969

State Funds Budgeted _,,_.___,,_,,__._______._______.___________.$ 223,092,166

Total Positions Budgeted

14,987

Provided, that from the above appropriated amount, $1,000,000 is specifically appropriated for the purposes of financing a new construction program which consists of the acquisition of land (if needed) and the construc tion and equipping of buildings and facilities at various institutions under the control of the State Board of Regents of the University System through the issuance of not to exceed $12,000,000 in principal amount of gener al obligation debt or through the issuance of not to exceed $12,000,000 in principal amount of bonds by the Georgia Education Authority (University). Should the Georgia State Financing and Investment Commission elect to issue General Obligation Debt to finance said undertaking, said amount will be appropriated to the "State of Georgia General Obligation Debt Sinking Fund." Should said Commission determine that said undertaking be financed through the issuance of bonds by the Georgia Education Authority (University), said amount shall be appropriated to the Board of Regents of the University System and used for the purpose of pay ing lease rentals.

Provided, that from appropriated funds in A, the amount of $24,739,136 in F.Y. 1975 is designated and committed to guarantee payment of lease rental con tracts as a first charge on such funds.

Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever.

Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the 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 Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose ap proval, shall be evidenced in writing.

2342

JOURNAL OF THE SENATE,

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 cost of any employer contribution ap plicable to such salary to the Teachers' Retirement System.

No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Govern ment, or from any other source, shall be available for use or expenditure for educational and general or plant pur poses until made available by written approval of the Of fice of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.

Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate.

Provided, that revenue from student fees which exceeds the budget estimate of student fees by $2,000,000 shall not be available for operations; provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.

2. Marine Resources Extension Center Budget:

Personal Services ....................................................$

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publications

and Printing, Per Diem and Fees,

Equipment Purchases, and

Computer Charges ______,,____________,,,,_.._________.$

Total Funds Budgeted ..................

.^

State Funds Budgeted ^ .........................................$

Total Positions Budgeted

231,000
93,000 324,000 324,000
24

3. Skidaway Institute of Oceanography Budget:
Personal Services ...---....--.^ ............................ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ............................ Total Funds Budgeted ..................................... State Funds Budgeted .............................. Total Positions Budgeted

725,000
575,000 1,300,000
537,000 36

TUESDAY, FEBRUARY 26, 1974

2343

4. Engineering Experiment Station Budget:
Personal Services ______.--______,,__._____,,___,,_.,,__.._._.$ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Pees, Equipment Purchases, and Computer Charges .._..._._.,,._................___...-_...$ Total Funds Budgeted ...........................................I State Funds Budgeted .__.__-._____-_____.-_..__._._______.__..$ Total Positions Budgeted

6,384,800
1,994,200 8,379,000 2,204,000
208

5. Engineering Extension Division Budget:
Personal Services .........,,,,..._...,,..__.,,,,.__.._.._........._.$ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ....-.......--..........-..-.................I Total Funds Budgeted .._..._.,,..........._._....,,.___......$ State Funds Budgeted ___.__.,,______.__.._.______.__,,,,.,,_.$ Total Positions Budgeted

652,000
236,000 888,000 338,500
61

6. Agricultural Experiment Stations Budget:
Personal Services ,,__-_,,,,,,_.._____._____.___.____.___._$ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges __,,__..____.--__,,_--______.__.______$ Total Funds Budgeted __..__.,,....,,.,,.._.__..,,.,,_.._.__.$ State Funds Budgeted .___._____.-._____.______..__,,_--_.__.__..$ Total Positions Budgeted

9,841,976
4,102,024 13,944,000 8,894,000
788

7. Cooperative Extension Service Budget:
Personal Services __.--_____..__,,__--___.__.-_,,____._,,__.._...___$ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges -______.__.._,,_______.._.._,,___..__.,,.__$ Total Funds Budgeted .._..._.._.._........,,............._..__..$ State Funds Budgeted ._.._...,,_.._..._...,,_.._.._..,,,,_....._.$ Total Positions Budgeted

13,482,624
2,286,072 15,768,696 8,243,041
941

8. Talmadge Memorial Hospital Budget:
Personal Services ___._._._-____~___.-__-_.-_.__..__-__.___.~$ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ............................................I

13,589,000 4,200,000

2344

JOURNAL OF THE SENATE,

Total Funds Budgeted ...............................^ 17,789,000

State Funds Budgeted ............... ....^ 9,689,000

Total Positions Budgeted

1,711

Budget Unit Object Classes:
Personal Services ..................,.......$ 263,467,733 Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ,,___._-.....-----$ 75,629,296 Teachers' Retirement ...........................................^ 16,200,500 Capital Outlay ............................. ...^ 1,500,000 Authority Lease Rentals ........................................I 22,739,136 General Obligation Bonds -- -,,--.-$ 2,000,000

B. Budget Unit: Regents Central Office .._._...._._....$
Regents Central Office Budget: Personal Services __.._--_-_-~~--~~------$ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges .......--......,,.....__....._..,,--..._--$ Medical Scholarships ............................ .......^ Regents Scholarships _.__.__.....___....,,.....__...-.._....-.....-$ Grants to Junior Colleges ...........................^ Total Funds Budgeted ............................... ..^. State Funds Budgeted ..___...._.__.._....$ Total Positions Budgeted

6,025,500
1,649,400
994,500 345,000 200,000 2,839,000 6,027,900 6,025,500
112

Provided, that from the above appropriation relat ing to Regents Central Office, $4,000 is designated and committed for two additional student grants for the Southern College of Optometry in SREB payments.

Budget Unit Object Classes:
Personal Services --.---..._--.-..-.----.-_.-..... Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges --,,----.--...__--.......... Medical scholarships _..__....,,._........_._...._... Regents Scholarship .......,,_......._,,....__....._ Grants to Junior Colleges .......--.._--------

..$ 1,649,400
994,500 345,000 200,000 2,839,000

Section 32. Department of Revenue. Budget Unit: Department of Revenue

22,606,487

1. Executive Administration Budget: Personal Services ........................

892,734

TUESDAY, FEBRUARY 26, 1974

2345

Regular Operating Expenses -___.--__--------._.....$

Travel __._______,,______,,______.________.___.__,,________,,______._______$

Motor Vehicle Equipment Purchases ..-____--,,,,...$

Publications and Printing _._..._.__...............___,,_.....$

Equipment Purchases ._..___.,,-_...-__--_.____..,,.....,,..._.$

Per Diem and Fees ___.._________,,------__________.._____..._.._.$

Computer Charges _._,,.,,........-._.....___........._...._.___._.$

Total Funds Budgeted _...,,.._......___...._...__.......,..._.$

State Funds Budgeted

...._._.._..$

Total Positions Budgeted

602,691 14,000
--0-- 194,173
1,000 23,800 30,000 1,758,398 1,758,398
33

2. Internal Administration Budget:

Personal Services

-.----------$

Regular Operating Expenses --_--._-__--___----,,.--.$

Travel

...- ---- _.----__--.-- $

Motor Vehicle Equipment Purchases _______ $

Publications and Printing _............__.___._.................$

Equipment Purchases ........-.------..-..-----._..,,..--.$

Per Diem and Fees

.__.,,.__.._._.___._-----$

Computer Charges

_.--,,....--_$

Total Funds Budgeted _________...___.___.__________-_________.$

State Funds Budgeted

.-,,._,,_,,,,,,-$

Total Positions Budgeted

777,219 25,695 1,500
--0-- 6,736 2,500 1,000
62,859 877,509 877,509
70

3. Property Tax Budget:
Personal Services ,,,,..,,..,,,,,,...$ Regular Operating Expenses --._,,.,,......--.----_--.$ Travel _._._._.._._,,.__..,, ... ._...._,,_.$ Motor Vehicle Equipment Purchases --._----__.--.$ Publications and Printing ____.______._,,_______.__________._._.$ Equipment Purchases __..__.....-__.__...._...._.__._____.....$ Per Diem and Fees .............. .................. $ Computer Charges .._.....__....._...._..._._.__..$ Loans to Counties/Property Reevaluation ___.._..$ Grants to Counties/Appraisal Staff .._._.__,,,,.......$ Total Funds Budgeted -.-..---,,.,,-.,,$ State Funds Budgeted ....._.._._.._.._.__.__........._...___.....$ Total Positions Budgeted

826,911 19,685 64,682 17,000 82,000
3,600 45,000 1,285,000 325,000 860,000 3,528,878 3,327,878
71

In addition, there is hereby appropriated the amount of such repayment of county tax evaluation loans as may be made by such counties during the fiscal year in such amounts and for the same purpose as originally appropriated but not to exceed $201,000 in F.Y. 1975. Such amount shall be available for further tax evalua tion loans to counties.

4. Sales Taxation Budget:
Personal Services --.--.........--.--.............---...........I Regular Operating Expenses .....-_._-_.___.___,,......,,...$ Travel .,,................__,,_..,,,,,,...._.._,,.,,.___...,,...,,........__..$ Motor Vehicle Equipment Purchases --..--_----,,$ Publications and Printing __________..______._____.._.________$

762,121 66,220 7,000
--0-- 42,400

2346

JOURNAL OF THE SENATE,

Equipment Purchases ........................................ ^ Per Diem and Fees .............................................^ Computer Charges ................................................^ Total Funds Budgeted .........................................$ State Funds Budgeted .............................. .......^ Total Positions Budgeted

5,000 --0-- 260,875 1,143,616 1,143,616
77

5. Motor Fuel Taxation Budget:
Personal Services ..............................................^ Regular Operating Expenses ...............................^ Travel ...................................... ...^$ Motor Vehicle Equipment Purchases ..................^ Publications and Printing ......................................I Equipment Purchases ...........................................^ Per Diem and Fees ................................................^ Computer Charges ................-......._.....,,___._,,__..._....$ Total Funds Budgeted ............................................$ State Funds Budgeted ................................... ...^ Total Positions Budgeted

338,205 4,490 2,500
--0-- 43,384 2,000 100 78,437 469,116 469,116 35

6. Income Taxation Budget:
Personal Services .................................................. ^ Regular Operating Expenses ____,,._______--...,,_______,,$ Travel ...............................................................$ Motor Vehicle Equipment Purchases ----------$ Publications and Printing ...................................$ Equipment Purchases ...........................................^ Per Diem and Fees ...............................................^ Computer Charges ..........................................$ Total Funds Budgeted ......................................... ^ State Funds Budgeted ....................................$ Total Positions Budgeted

1,120,381 139,874 6,507 --0-- 178,843 2,500 --0--
1,305,192 2,753,297 2,753,297
109

7. Alcohol and Tobacco Taxation Budget:
Personal Services ...................................................^ Regular Operating Expenses ___.__________,,_______________$ Travel .......................................................................I Motor Vehicle Equipment Purchases .................^ Publications and Printing --.,,_____,,,,_--____________.____$ Equipment Purchases ...........................................^ Per Diem and Fees .................................................^ Computer Charges ...................,,........................._...$ Total Funds Budgeted ...........................................^ State Funds Budgeted .....................................^ Total Positions Budgeted

1,442,984 206,168 47,032 109,000 13,472 7,500 18,200 69,796
1,914,152 1,914,152
121

Provided, however, that from the appropriation to the Department of Revenue, $75,000 is designated and committed for payments in accordance with House Bill 1526.
8. Motor Vehicle Registration Budget:
Personal Services ...................................................^

1,766,832

TUESDAY, FEBRUARY 26, 1974

2347

Regular Operating Expenses __.,,.____..--_..,,..._..--.$ Travel .,,.......,,_....._............._,,..._...._.._._......._..._..._$
Motor Vehicle Equipment Purchases ____----__--_$ Publications and Printing _____________________._____________$ Equipment Purchases --.....-...-__..-_....__......-._-_.,,_..$ Per Diem and Fees ____----,,--____._._____,,______,,_____,,____$ Computer Charges -__.________,,.__,,,,___-___,,__,,__-____,,__.$ Total Funds Budgeted _........._,,...._............,,._.....__.$ State Funds Budgeted ..,,_.,,._....___....___....,,___......_..$ Total Positions Budgeted

240,145 6,212
14,502 207,128
12,800 --0-- 1,545,320 3,792,939 3,792,939
207

9. Central Audit Budget:
Personal Services ...................................................I Regular Operating Expenses _..._.._._...__......._...__.$ Travel ------------._-_._..__._$ Motor Vehicle Equipment Purchases _.____,,--___.,,_$ Publications and Printing ._......,,..__..,,..__..,,.._.......$ Equipment Purchases ....__...._,,..,,._._...._.....,,__....._..$ Per Diem and Fees ................................................I Computer Charges ____.__-__.__._--____._______--______________--$ Total Funds Budgeted .._..__.,,__.._.,,.._..._____..__.__...,,_$ State Funds Budgeted -.,,..__...$ Total Positions Budgeted

1,172,385 42,993 148,500
--0-- 8,000 16,000 1,000 5,000
1,393',878 1,393,878
82

10. Field Audit Services Budget:
Personal Services _..,,___.,,__.,,..,,____.__,,$ Regular Operating Expenses ~__--,,..----,,.----_..$ Travel .._.-__......._...__.............._.__...__..._.....,,....,,_....,,.$ Motor Vehicle Equipment Purchases ,,_____,,._--.$ Publications and Printing .._._....__..._,,_._...,,__...__._.$ Equipment Purchases __.__.........._,,....._,,....._...,,.._..$ Per Diem and Fees ___....--__....__-...._......._-.....__....._..$ Computer Charges -.....-_..._..._...........__.._-....._-..__,,.$ Total Funds Budgeted ____._______.____._______________..______,,.$ State Funds Budgeted _............._._,,....._......_.....____..$ Total Positions Budgeted

2,724,143 121,750 219,000 --0-- 11,918 24,573 2,000 5,000
3,108,384 3,108,384
231

11. Motor Vehicle Tag Purchases Budget:
Motor Vehicle Tag Purchases _..,,.-.___.....__...._.__.,,.$ Motor Vehicle Decal Purchases _._____.._.,,__._--__.__..$ Total Funds Budgeted .._._............_.,,....._..............,,.$ State Funds Budgeted .._.__....___..__......._......._.,,....__..$ Total Positions Budgeted

1,794,000 246,400
2,040,400 2,040,400
--0--

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,794,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the pro duction of at least 3,900,000 motor vehicle tags.

Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no

2348

JOURNAL OF THE SENATE,

case shall the total amount paid for such tags exceed the amount herein appropriated, provided the advances made are for services to be rendered within the same fiscal
year.

12. Intangible Tax Equalization Fund Budget:
Intangible Tax Equalization Fund ________.__.___.___.$ Total Funds Budgeted ................. .............^$ State Funds Budgeted .................... .^ Total Positions Budgeted

26,920 26,920 26,920 --0--

Provided, that of the above appropriation, $26,920 is designated and committed for the cost of the Intangi ble Tax Equalization Fund provided for in an Act ap proved April 17, 1973 (Ga. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein.

Budget Unit Object Classes:
Personal Services ...................................... .^ Regular Operating Expenses ___._______,,,,__._____...__.$ Travel .............................................. ..^^ Motor Vehicle Equipment Purchases ------------$ Publications and Printing ..................... ...^ Equipment Purchases ......................... ...........^ Per Diem and Fees ............................................$ Computer Charges ......__...._-....,,._.._................,,.$ Loans to Counties/Property Reevaluation .....,,$ Grants to Counties/Appraisal Staff ................ .^ Motor Vehicle Tag Purchases .........................$ Motor Vehicle Decal Purchases ........................ ^ Intangible Tax Equalization Fund ......................$

11,823,915 1,469,711
516,933 140,502 788,054 77,473 91,100 4,647,479 325,000 860,000 1,794,000 246,400 26,920

Section 33. Secretary of State. Budget Unit: Secretary of State ...,,............,,..-..-__.$ 5,732,706

1. Occupational Certification Budget:
Personal Services ..-.......----.-..-......................-.I Regular Operating Expenses .................... .....^ Travel _____._._,,.---_---.-_...---$ Motor Vehicle Equipment Purchases --._,,------$ Publications and Printing .........................$ Equipment Purchases __.-_,,,,____________.,,$ Per Diem and Fees ................................ ....^ Computer Charges ........................ ......................^ Total Funds Budgeted .........................................,,.$ State Funds Budgeted .................................. ^ Total Positions Budgeted

1,065,593 371,167 135,036 --0-- 50,000 40,000 125,000 --0--
1,786,796 1,786,796
113

2. Securities Regulation Budget:
Personal Services ...............................................$ Regular Operating Expenses ...........................$

159,562 17,000

TUESDAY, FEBRUARY 26, 1974

2349

Travel ............................... ..^... ...... ..^ Motor Vehicle Equipment Purchases ___--___--._$ Publications and Printing ..................................^ Equipment Purchases .........................................^ Per Diem and Fees ................................. ..^......^ Computer Charges ................................................$ Total Funds Budgeted ...............,.................$ State Funds Budgeted ..................................$ Total Positions Budgeted

12,000 --0--
2,000 6,000 ---0-- --0-- 196,562 196,562
12

3. Corporations Regulation Budget:
Personal Servic.es ..................................................-$ Regular Operating Expenses ...........................--.$ Travel ..............................................................$ Motor Vehicle Equipment Purchases ------------$ Publications and Printing ...............................^ Equipment Purchases ........-....................--.......$ Per Diem and Fees ..............................................^ Computer Charges _--------_--.__,,,,-_--_.------,,._$ Total Funds Budgeted ...........................................% State Funds Budgeted .-...__._-.._.-.-.__..._._._.._..,,.,,.$ Total Positions Budgeted

190,647 72,306
500 --0--
4,000 3,600 --0-- --0-- 271,053 271,053
20

4. Pharmacy Regulation Budget:
Personal Services ....................................$ Regular Operating Expenses ................^.......--....$ Travel _.._..___._____.__._.___.____$ Motor Vehicle Equipment Purchases .,_----.,,.--..$ Publications and Printing ,,....,,,,..,,..._..._.._.......,,. $ Equipment Purchases .....................................$ Per Diem and Fees -_.--...,,..__._.__,,..,,.-_--._..__.~~$ Computer Charges ..............................................4 Total Funds Budgeted ............................................$ State Funds Budgeted ...........................................^ Total Positions Budgeted

209,339 4,700 40,680
--0-- 500 500 500
--0-- 256,219 256,219
13

5. Archives and Records Budget:
Personal Services .........................................$ Regular Operating Expenses ................................$ Travel .............. ............^....................................^ Motor Vehicle Equipment Purchases ..----.--.--_$ Publications and Printing ................................^ Equipment Purchases .....................................^ Per Diem and Fees __.--_,,--__--_,,____.._.._._.._$ Computer Charges ...........................................$ Authority Lease Rentals -----.--.__._.-._._._.--_$ Total Funds Budgeted ...........................................$ State Funds Budgeted .......................................^ Total Positions Budgeted
6. General Services Budget:
Personal Services -_._...._._._..__,,____.____________$ Regular Operating Expenses ..--.-__...._..._--._..?

996,268 116,309
6,400 3,500 23,000 16,500 --0-- --0-- 815,000 1,976,977 1,976,977
89
366,404 64,000

2350

JOURNAL OF THE SENATE,

Travel ................................................J$ Motor Vehicle Equipment Purchases _._--._________.$ Publications and Printing ..................,,...............___ Equipment Purchases ..........................................^ Per Diem and Fees .....-._.._.......-......-....-_---_..,,..._.$ Computer Charges .................................. ......^ Total Funds Budgeted .....................................^ State Funds Budgeted .~.~____.__.__..---...............--..$ Total Positions Budgeted

7,000 --0--
65,000 5,000 4,000 --0-- 511,404 511,404
31

7. Internal Administration Budget:
Personal Services ____---____.-_-----$ Regular Operating Expenses .._......_______________$ Travel _...._.___,,_..-..-..-.____..-.-._..._-..---.........$ Motor Vehicle Equipment Purchases ................. ^ Publications and Printing .......................^ Equipment Purchases .........................................^ Per Diem and Fees _._,,----................................. ..^ Computer Charges .......................................$ Total Funds Budgeted _____________.,,______-__.______________.$ State Funds Budgeted ................................ ^ Total Positions Budgeted

368,068 80,700 4,000 --0-- 100,000
5,000 --0-- --0-- 557,768 557,768
27

8. Bicentennial Commission Budget:
Personal Services ...........................................$ Regular Operating Expenses __,,__.--_--_____.--_.__.$ Travel ______._____.__---.._.___.________.--.______$ Motor Vehicle Equipment Purchases ----.__----_ $ Publications and Printing ...............................^ Equipment Purchases .........................................^ Per Diem and Fees _.____--......,,....__..------,,.........,,$ Computer Charges ...............................................^ Total Funds Budgeted ........................................^ State Funds Budgeted .......................... ^ Total Positions Budgeted

48,599 11,606 3,000 --0-- 3,200
500 --0-- --0--
66,905 66,905
3

9. State Building Administrative Board Budget:
Personal Services ....................................$ Regular Operating Expenses ______,,_-_------______--.$ Travel ..................................................................^ Motor Vehicle Equipment Purchases ..................^ Publications and Printing .......................... ^ Equipment Purchases ............................$ Per Diem and Fees -______,,______--__,,_--______________-_____$ Computer Charges .............................. ...^ Total Funds Budgeted .....................................^ State Funds Budgeted _.__..........,,,,___--..................| Total Positions Budgeted

30,022 3,000 5,000 --0-- 66,000 2,000 3,000 --0-- 109,022 109,022
6

Budget Unit Object Classes:
Personal Services ....-.,,._.-..-_.__..._.-..-.-....._.__._....$ Regular Operating Expenses _............_..,,__..........$

3,434,502 740,788

TUESDAY, FEBRUARY 26, 1974
Travel ____.._._._._..._-_.-_---..--$ Motor Vehicle Equipment Purchases ........_.........$ Publications and Printing ___,,_____.____,,_.________,,..___.$ Equipment Purchases ......__.,,.........,,_............._.-.....$ Per Diem and Fees .__.___.___-_._.___.___.__..--------.------$ Computer Charges ._..-------_----_.-,,--------------_$ Authority Lease Rentals -__,,_-_-__,,--_---------------$

2351
213,616 3,500
313,700 79,100
132,500 --0-- 815,000

Provided, that of the above appropriation, $10,000 is designated and committed for a study of land lot lines in Cobb County.

Section 34. State Scholarship Commission.
Budget Unit: State Scholarship Commission ..............................................................I

8,349,078

1. Internal Administration Activity Budget:
Personal Services ..............................-...--.----..I Regular Operating Expenses _____.__.._----_,,.-----.$ Travel _.___________--_--,,---$ Motor Vehicle Equipment Purchases ___.,,.--..--...$ Publications and Printing ,,____....._,,,,,,----__._._.,,$ Equipment Purchases _..._...__.._.......----------------$ Per Diem and Fees ______.__-._______,,___,,____..__._,,__-_,,-_.$ Computer Charges ...,,...._..___.-...........-...--...-.--.$ Total Funds Budgeted ....-._.-....._._..____......_..__-$ State Funds Budgeted .._..,,,,._.,,......_.......'..............? Total Positions Budgeted

578,078 110,447
15,500 --0--
10,050 5,765 6,200
173,838 899,878 655,078
49

2. Higher Education Assistance Corporation Budget:
Payment of Interest .,,.-..................._......-----.$ Total Funds Budgeted ....-..-...-._._.__..__._.._-___-_.___.$ State Funds Budgeted ,,.,,_..._,,_,,__$ Total Positions Budgeted

296,000 296,000 296,000 --0--

3. Higher Education Assistance Authority Budget:
Direct Guaranteed Loans ..........._..,,_--___.--.___.____-$ Tuition Equalization Grants __.____.__.__--_____________.$ State Student Incentive Scholarships ..-.............$ Total Funds Budgeted --.............___....._...................$ State Funds Budgeted ___________________._._.._______.___________$ Total Positions Budgeted

1,995,000 4,558,000 1,280,000 7,833,000 7,358,000 --0^=-

4. Law Enforcement Personnel Dependents Scholarship Program Budget:
Law Enforcement Personnel Dependents Scholarships _..,,.......--...--._____--_,,_$
Total Funds Budgeted .,,....__..........._..-.....,,........_..?

40,000 40,000

2352

JOURNAL OF THE SENATE,

State Funds Budgeted ..... Total Positions Budgeted

40,000 --0--

Budget Unit Object Classes:

Personal Services .----------------......_.

Regular Operating Expenses _.--_________.

Travel --.----._._-.---.-- -..__._._.....

Motor Vehicle Equipment Purchases

Publications and Printing ______________________

Equipment Purchases ----------._._...

Per Diem and Fees

...,,...._..... ^

Computer Charges -----....._.._....

Payment of Interest ..._,,................._,,....

Direct Guaranteed Loans _--_--___,,______.____

Tuition Equalization Grants ................

State Student Incentive Scholarships

Law Enforcement Personnel

Dependents Scholarships ....._..............

578,078 110,447
15,500 --0--
10,050 5,765 6,200
173,838 296,000 1,995,000 4,558,000 1,280,000
40,000

Provided, that of the above appropriated amount relative to direct guaranteed loans an amount not to exceed $12,000 is designated and committed for the pur pose of providing stipends for training recruitment and counselor personnel in health career fields.

Provided, that of the above appropriated amount relative to direct guaranteed loans an amount not less than $1,224,000 is designated and committed for the purpose of providing loans under the guaranteed student loan program to students in paramedical, professional and educational fields of study which shall be repayable in cash with interest at seven percent per annum or by practice in a field and in a community or site of employ ment approved by the Scholarship Commission as pro vided for in Ga. Laws 1965, p. 210, as amended.

Provided, that of the above appropriated amount relative to scholarships $40,000 is designated and com mitted solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law.

Provided, that from the above amount $4,558,000 is appropriated for tuition equalization grants to students attending private colleges as provided in Ga. Laws 1971, p. 906.

Provided, that the above appropriated amount relative to State student incentive scholarships is des ignated and committed for the purpose of providing Incentive scholarships of not more than $450 per aca demic year to students at the undergraduate level pur suant to provisions of Section 415 (A through D) of

TUESDAY, FEBRUARY 26, 1974

Subpart 3, Part A of Title IV of the Higher Education Act of 1965, as amended, particularly as amended by the Education Amendments of 1972 (P.L. 92-318), and pursuant to regulations prescribed by the Georgia High er Education Assistance Authority. Residents of Geor gia for a period of at least twelve months immediately preceding their date of registration in a branch of the University System of Georgia, a private college or university which is an approved institution under Ga. Laws 1971, p. 906, as amended, a college or university receiving State funds under the Junior College Act of 1958, as amended, a State-supported vocational-technical school, or in an accredited or approved nonprofit hospital school of nursing, provided such postsecondary educa tional institution is located in the State of Georgia, shall be eligible to make application for a State student incentive scholarship. Depending upon the amount of Federal or State funds available for this purpose, priori ty in the award of State student incentive scholarships shall be given, first, to first-year students, second, to second-year students, third, to third-year students; and fourth, to undergraduate students, without regard to their field of study.

Georgia Veterans Students otherwise eligible and qualifying to receive a student incentive scholarship under this program shall have priority and be eligible to receive a scholarship without regard to their under graduate academic level or classification, provided, how ever, such priority for veterans shall only apply to $480,000 of the funds appropriated to Student Incentive Scholarships.
Section 35. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee ....---.._.--,,_.,,.._..,,..._..,,.._._.$

Soil and Water Conservation Committee Budget:

Personal Services ,,___--...._..

Regular Operating Expenses ....__......_.

Travel

..,,,,__.

Motor Vehicle Equipment Purchases

Publications and Printing __._..._._,,.,,_...

Equipment Purchases --____.--.__.,,_________

Per Diem and Fees ...........,,,,....,,........._.

Computer Charges ___.--____--_,,____________

Total Funds Budgeted ,,....__..._.....___..._.

State Funds Budgeted ,,_..,,._....,.._...,,_...

Total Positions Budgeted

Budget Unit Object Classes:
Personal Services .___________.--.___._,,____--. Regular Operating Expenses _....._..,,._.

2353
406,909 152,665 176,989 20,500 --0--
5,355 1,400 50,000 --0-- 406,909 406,909
11 152,665 176,989

2354

JOURNAL OF THE SENATE,

Travel .......................................................................I

Motor Vehicle Equipment Purchases .----.--------$

Publications and Printing ........___._______.............._..$

Equipment Purchases ---._----..--....._.__.______.,,......$

Per Diem and Pees ___.

^_.__.___.

__$

Computer Charges -,,_-_.-----------._._,,-,,____________..._$

20,500 --0--
5,355 1,400 50,000 --0--

Section 36. Teacher's Retirement System.

Budget Unit: Teacher's Retirement

System

__.,,._.,,,,-__.,,,,._,,..__.,$

1,500,000

Departmental Operations Budget:

Personal Services ,,_._.___......__-........-..-....____....___._._.$

Regular Operating Expenses ,,_.__..__.._____.__._.--.....$

Travel _______._....$

Motor Vehicle Equipment Purchases __,,_._.____.---- $

Publications and Printing ,,_..___.....,,........._______.___.$

Equipment Purchases _---_-........-_.-...___._._.______----$

Per Diem and Fees

..,,,,_,,..__$

Computer Charges ....................................................I

Employer Contributions ___.,,..__..............-.......___.__..$

Total Funds Budgeted _._._,,.,,.$

State Funds Budgeted _...........__..__......___................$

Total Positions Budgeted

448,412 42,300 14,500 --0--
9,100 9,000 178,400 131,700 1,500,000 2,333,412 1,500,000
37

Budget Unit Object Classes:

Personal Services ____--._--_--__.___.________,,______,,_____$

Regular Operating Expenses --_._._____,,______._..--.$

Travel

_._..__.._.._,,_____.,,_.._..$

Motor Vehicle Equipment Purchases ,,..,,....._----_$

Publications and Printing -._....._....,,............___..___.__$

Equipment Purchases ,,_~----------..--.___.,,.,,--....$

Per Diem and Fees ......,,--___-__-............._._____._......$

Computer Charges ........_,,_..-....-..-.......__,,......_-......$

Employer Contributions --.--.----_____........-.-._----$

448,412 42,300 14,500 --0--
9,100 9,000 178,400 131,700 1,500,000

Provided, that of the above appropriation relating to Employer Contributions, $1,500,000 is designated and committed to fund S. B. 535.

Section 37. Department of Transportation. Budget Unit: Department of Transportation

..$ 245,812,454

1. Planning and Construction Budget:
Personal Services ,,,,--..----------_----.-..--.-- Regular Operating Expenses --.--.--.--._..___. Travel ............,,._..........,,_,,..._........__,, Motor Vehicle Equipment Purchases ------__. Publications and Printing ___............,,_.___...... Equipment Purchases _-,,--...--.--._____.._...... Per Diem and Fees .,,.--__.--.--.--.----_._......._

53,574,189 6,297,915 2,680,040 --0--
26,275 --0-- --0--

TUESDAY, FEBRUARY 26, 1974

2355

Computer Charges ............_,,--._----__-.---_----.----$ --0--

Capital Outlay ....................$ 157,915,587

Total Funds Budgeted .............. .....^ 220,494,006

State Funds Budgeted _..__.,,......._....__......_..,,......___.$ 114,798,322

Total Positions Budgeted

4,445

2. Maintenance and Betterments Budget:
Personal Services __.________-__,,_-_________,,__,,__. Regular Operating Expenses ._.._,,..___._.. Travel ...................................... Motor Vehicle Equipment Purchases __,,. Publications and Printing .----__--,,__--_... Equipment Purchases _._.....__..._.__...__....,,. Per Diem and Fees .....__......_...._....__......._.. Computer Charges .._....,,__....___.,,_.....,,_..... Capital Outlay .............................. Total Funds Budgeted .._....,,_.._...._........... State Funds Budgeted _..._...,,_..._....._........ Total Positions Budgeted

32,517,127 16,134,301
347,680 --0--
1,510 --0-- --0-- --0--
11,591,280 60,591,898 60,591,898
4,663

3. Authorities Budget:
State of Georgia General Obligation Debt Sinking Fund/Authority Lease Rentals .................................. ....^
Total Funds Budgeted ...........................................-$ State Funds Budgeted ._......__..........._.._...__..___...._...$

32,474,681 32,474,681 32,474,681

4. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases ..................$ Equipment Purchases -__...____.___.--___--___.-___--___.-_$ Capital Outlay .......................................................^ Total Funds Budgeted ..................... ^ State Funds Budgeted ...._...,,..,,...,,........____...,,__......$

2,799,095 1,221,075 1,596,600 5,616,770 5,000,000

5. Assistance to Counties Budget:
Grants to Counties .................... ^$ Total Funds Budgeted ................ .....^ State Funds Budgeted ......_._..,,...__....___._.._....___....$

9,317,013 9,317,013 9,317,013

6. Tollways Facilities Budget:
Personal Services .............. .......^.... ..... ..^ Regular Operating Expenses _.....--...._-.-.__.....__.....$ Travel ._...._....._....,,..__....,,__....__..,,....._......_....._......$ Motor Vehicle Equipment Purchases --.,,--__--__,,$ Publications and Printing ..,,.....,,_....__..__,,...__,,..___$ Equipment Purchases -_--..,,_...-_--.__-_....-..__..-.._..$ Per Diem and Fees ..................................^ Computer Charges .........................................$ Total Funds Budgeted ..............................$ State Funds Budgeted ..........................J$ Total Positions Budgeted

151,391 2,094,182
2,000 --0--
5,000
2,252,573 2,252,573
10

2356

JOURNAL OF THE SENATE,

7. Administration Budget:
Personal Services .............................. Regular Operating Expenses ...._____.,,. Travel .................................... Motor Vehicle Equipment Purchases Publications and Printing ____.......,,.__,, Equipment Purchases .................. Per Diem and Fees .........................:..... Computer Charges .-.,,_,,_.__-_.__-......-...... Total Funds Budgeted ___._________._.._____ State Funds Budgeted ...................... Total Positions Budgeted

5,331,069 1,911,163
346,021 --0--
370,060 --0--
7,200 1,600,000 9,565,513 9,565,513
436

Appropriation of State funds in the foregoing De partment of Transportation budgets shall be in con formity 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 Fiscal Division of the Department of Administrative Services in the immedi ately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal of ficers 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 Fiscal Division of the Department of Administrative Services in the immedi ately 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 appro priated herein.
Provided, however, that objects for Activities fi nanced by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authority Lease Rentals, General Obligation Debt Sinking Fund Payments, Administration, Tollways Facilities and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget.

Provided, further, that the Department of Trans portation is authorized and directed to transfer to Per sonal Services from other object classes such funds as are required to fund the five percent cost-of-living adjustment contemplated in this Act, subject only to prior approval by the Office of Planning and Budget.

For general administrative cost of operating the Department of Transportation, including equipment and compensation claims.

For lease rental obligations of the Department of

TUESDAY, FEBRUARY 26, 1974

2357

Transportation 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 Department of Transportation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically appro priated for new authority lease rentals to permit the is suance 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 Federal Government, including all cost items incident thereto. Funds appropriated for the fiscal year shall be avail able for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident there to provided all expenditures for county contracts shall be in accordance with and on the basis of average prices 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 Department of Transportation may add, delete and sub stitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Of fice of Planning and Budget 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 Revenues actually paid into the Fiscal Division of the Department of Ad ministrative Services and constitutionally appropriated to the Department of Transportation.

For lease rental obligations of the Department of Transportation to the Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence and for appropriations to the "State of Georgia General Obligation Debt Sinking Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Trans portation. Provided, that in the event that lease rental obligations shall be less than the amount provided in the Budget Report, such excess amount may be used and is herein specifically appropriated to the "State of Geor gia General Obligation Debt Sinking Fund" for the specific purpose of paying annual debt service require-

2358

JOURNAL OF THE SENATE,

ments on new General Obligation debt in an amount
not to exceed $60,000,000 in principal amount to finance a new program for the construction or reconstruction of public roads and bridges. Provided, further, that in the event the Georgia State Financing and Investment Com mission, for any reason, should decide not to use the Gen eral Obligation procedures established by the Constitu tion to finance said new program for the construction or reconstruction of public roads and bridges, the same ex cess amount is then designated and specifically appro priated for additional Authority lease rentals to the Georgia Highway Authority to permit the issuance of new Authority bonds to finance the construction or re construction of public roads and bridges.

For grants to counties for aid in county road con struction and maintenance. Grants shall be distributed and disbursed by the Fiscal Division of the Department of Administrative Services as provided by law.

For grants to counties for aid in county road con struction and maintenance to be distributed and dis bursed to various counties of the State by the Fiscal Division of the Department of Administrative Services 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 Department of Trans portation.

Provided, further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Department of Transportation. At the request of the Governor or Office of Planning and Budget or the Director of the Department of Trans portation, 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.

8. Assistance to Municipalities Budget:

Grants to Municipalities

,,__,,______,,__._,,._$

Total Funds Budgeted ....________..____.,,_____.____.___..____$

State Funds Budgeted -_............_..........__...-.-_._.....$

For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.

Provided, further, that a member of the governing authority of the municipality, designated by such au-

9,317,000 9,317,000 9,317,000

TUESDAY, FEBRUARY 26, 1974

2359

thority, shall execute an affidavit annually that funds received under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Ad ministrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to deter mine the use of such funds. The expense of such audit shall be deducted from funds granted to such munici pality in any future year.

Provided, further, that the above sums shall be dis tributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter.

9. Air Transportation Budget:
Personal Services ..........................$ Regular Operating Expenses ............................. ^ Travel ................................................... ..^. Motor Vehicle Equipment Purchases ..............$ Publications and Printing ....................................$ Equipment Purchases __--___--__..............................$ Per Diem and Fees ........................ .^ Computer Charges ___..______----__--__--__,,--____._-...._.$ Total Funds Budgeted .................$ State Funds Budgeted ... ...--..$ State Positions Budgeted

287,345 278,220
6,800 46,500
300 17,400 5,000 --0-- 641,565 441,565
18

10. Inter-Modal Transfer Facilities Budget:
Personal Services .... --....-- -._._...$ Reuglar Operating Expenses _.______.___.,,___-.____.--_-$ Travel ._.._.__.._._.._..-.$ Motor Vehicle Equipment Purchases .......... $ Publications and Printing ....................................$ Equipment Purchases .,,_-,,.,,--..---.,,...--...---__-_--$ Per Diem and Fees __-_____--___.,,______--____---__.____--__-$ Computer Charges ................................................^ Capital Outlay .............. .....^ Total Funds Budgeted __...._...........__..__,,.._....._..._._.$ State Funds Budgeted ....... ..._..$ Total Positions Budgeted
11. Harbor Maintenance Budget:
Habor Maintenance Payments .......... .^$ Total Funds Budgeted ......................$ State Funds Budgeted ............... ^

253,509 537,280
16,000 --0--
14,500 6,600
--0-- --0-- 976,000 1,803,889 1,803,889
19
250,000 250,000 250,000

Budget Unit Object Classes:
Personal Services ____,,_.___.______.________..___._..___..._.,,.__..$ Regular Operating Expenses .................$

92,114,630 27,253,061

2360

JOURNAL OF THE SENATE,

Travel ................................^ 3,398,541

Motor Vehicle Equipment Purchases ..._.___.--..$ 2,845,595

Publications and Printing __.,,._..._.___..__..__..,,.__.._ $ 417,645

Equipment Purchases ____.--_._.____--________--________..____$ 1,245,075

Per Diem and Fees -....--.....-...--.--..----,,...-----..$

12,200

Computer Charges ................ ..^ 1,600,000

Capital Outlay -..._...$ 172,079,467

Grants to Municipalities -______._.,,_...._.__......___.__....$ 9,317,000

Harbor Maintenance Payments .._.___..._.__........._.$ 250,000

Grants to Counties ...................... ..^ 9,317,013

State of Georgia General Obligation

Debt Sinking Fund/Authority Lease

Rentals ............................... ^ 32,474,681

For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation services, and for contractual expense for harbor maintenance.

Provided, that the Department of Transportation is authorized to retain such portion of its Air Transporta tion service income as is required to maintain and up grade the quality of its equipment.

Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 12-1/2% of an individ ual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transportation is authorized to utilize State Airport Development Funds at 100% of the total cost of an in dividual airport project for airports owned by the State of Georgia.

Provided, that the entire amount of the above al location for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah.

Section 38. Department of Veterans Service.
Budget Unit: Department of Veterans Service ___.____._,,-__,,-___________..$
1. Veterans Assistance Budget:
Personal Services .____-_____-_.______--__,,__._.,,________-_._._.$ Regular Operating Expenses _____,,_.,,____,,________.___.$ Travel ._...____________..._____-___--_$ Motor Vehicle Equipment Purchases _,,.-.--..,,$ Publications and Printing _____._.__.__._____.__._________..$ Equipment Purchases .--_.___----._--------_----._--_$

6,717,787
1,827,478 106,773 62,357 --0-- 20,659 12,931

TUESDAY, FEBRUARY 26, 1974
Per Diem and Fees --...,,___.-,,.--,,.....________-_..._.......$ Computer Charges .----.,,....--_-.-____,,__.__--_________._$ Grants to Confederate Widows ........_____._..,,..._._.$ Total Funds Budgeted _,,.....___._...__.............___.._.....$ State Funds Budgeted -....-$ Total Positions Budgeted

2361
7,800 --0--
25,118 2,063,116 1,834,357
172

2. Veterans Home and Nursing Facility-- Milledgeville Budget:
Personal Services ---..___,,---.______-.,,._$ Regular Operating Expenses __________________________ $ Travel _____________,,__.___._.__________._______._____.___.._________.$ Motor Vehicle Equipment Purchases ,,_.____.._.$ Publications and Printing __________.________,,__________$ Equipment Purchases _____.____________._________._.$ Per Diem and Fees ____.___._________...__________..______...$ Computer Charges --___------------------_--__----$ Operating Expenses/Payments to
Central State Hospital ____-_..___________.___._.____$ Capital Outlay ______________.___.-_____..____._,,_________.___$ Total Funds Budgeted ____________.________________.__..$ State Funds Budgeted ___.___._________.___.___.._._,,____$ Total Positions Budgeted

73,961 28,000
1,000 --0-- --0--
22,000 2,300 --0--
3,771,175 3,250,000 7,148,436 3,615,721
7

Veterans Nursing Home-- Augusta Budget:
Operating Expense/Payments to Medical College of Georgia _________.___,,__._..__,,_ $
Total Funds Budgeted _____.____..__,,_______._..__._.___.$ State Funds Budgeted _..__,,.____..___.__,,___...____.__.__$ Total Positions Budgeted

1,655,339 1,655,339 1,267,709
--0--

Budget Unit Object Classes:
Personal Services __.._..______________.________.______.._.____$ Regular Operating Expenses .____________-___________-__$ Travel _...___,,_...,,____,,,,.__._.........__._......_______$ Motor Vehicle Equipment Purchases __,,..,,_..,,$ Publications and Printing ........__,,_........____......$ Equipment Purchases .....____..______.._._____--.$ Per Diem and Fees __,,___..___---_____,,_____.___.______$ Computer Charges --_.___--.--_____.-----____...--$ Grants to Confederate Widows ....,,__.,,......____.$ Operating Expense/Payments to
Central State Hospital ___._._,,,,,,,,,,__.__,,,,____.$ Operating Expense/Payments to
Medical College of Georgia _._._.,,...______..___.__..$ Capital Outlay ............_......____._.___._,,...........___.._...,,.$

1,901,439 134,773 63,357 --0-- 20,659 34,931 10,100 --0-- 25,118
3,771,175
1,655,339 3,250,000

Section 39. Workmen's Compensation Board.
Budget Unit: Workmen's Compensation Board ._.__-...._._.........-.___._....,,.___.-.._..........._-.............$

1,543,062

2362

JOURNAL OP THE SENATE,

Departmental Operations Budget:
Personal Services .__ _________,,,,$ Regular Operating Expenses ..--_._._.___.....__.._____..$ Travel .........______........,,__.___........______........__._.._,,....__.. $ Motor Vehicle Equipment Purchases _--.--......$ Publications and Printing .___.,,_.__.____,,......_____...___.$ Equipment Purchases ......,,.___........_______._,,....,,....$ Per Diem and Fees ...-..____.....,,___............-.._._____.$ Computer Charges ,,__.____.___._______..._________,,__--_....__-$ Total Funds Budgeted ,,.....,,_._._.,,.$ State Funds Budgeted ______._.,,.._..-....__.__._..._.......$ Total Positions Budgeted

1,255,862 168,800 26,500 --0-- 10,000 57,500 5,000 19,400
1,543,062 1,543,062
91

Budget Unit Object Classes:
Personal Services _,,.._._,,_..,,_.,,__.._._.$ Regular Operating Expenses .__--...__.____,,-----___.$ Travel ___._.--_--.--_$ Motor Vehicle Equipment Purchases ,,___________.$ Publications and Printing ____,,..........___,,_...__.....____$ Equipment Purchases _______________-__.__________._____________$ Per Diem and Fees ______,,____,,_.__$ Computer Charges ..........__-__..,,.-__.....__.___.--_-.....__.$

1,255,862 168,800 26,500 --0-- 10,000 57,500 5,000 19,400

Section 40. In addition to all other appropriations contained in this Act, there is hereby appropriated to the Working Reserve Fund the amount of $22,641,254.13.

Section 41. In addition to all other appropriations contained in this Act, there is hereby appropriated to the Department of Offender Rehabilitation for Capital Outlay purposes the amount of $3,358,745.87.

Section 42. The appropriations in Section 40 and Section 41 shall not be allotted or disbursed prior to August 31, 1974, and are hereby declared to be null and void if one or more of the following conditions exist as of August 1, 1974:

1. The State's grand total receipts from State revenue collections as depicted in the State of Georgia Summary Statement of Financial Condition and State ments of Receipts and Allotments, June 30, 1974, is less than $1,504,000,000.

2. The State's total net motor fuel tax collections for the months of May, June, and July of 1974 are less than $58,238,867.91.

3. The simple arithmetic average of the United States Consumer Price Index as published by the United States Bureau of Labor Statistics for the months of May and June, 1974, is less than 1.015 times the cor-

TUESDAY, FEBRUARY 26, 1974

2363

responding average for the months of February, March, and April of 1974.

4. The simple arithmetic average of the respective ratios of net State sales tax collections to net total State collections by the Department of Revenue for the months of May, June, and July, 1974, is more than .390.

Section 43. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No whole sale distributor of motor fuel shall be entitled to a re fund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel.
Section 44. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Consti tution of the State of Georgia, as amended, there is here by 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 department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the afore said constitutional provision, as amended, or appro priated for the fiscal year beginning July 1, 1974, and for each and every fiscal year thereafter, until all pay ments required under lease contracts have been paid in full, and if for any reason any of the sums herein pro vided under any other provision of this Act are insuf ficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

The General Assembly declares that the sums here by appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the general funds of the State as a first charge upon Gen eral Funds.

Section 45. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Gov ernor's recommendations contained in the Budget Report

2364

JOURNAL OF THE SENATE,

submitted to the General Assembly at the regular 1974 session, except as otherwise specified in this Act; pro vided, however, the Director of the Budget is authorized to make internal transfers within a budget unit be tween objects, programs, and activities subject to the conditions that no funds whatsoever shall be transfer red for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond fiscal year 1975, and provided, further, that no funds whatsoever shall be transferred between objects 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 what ever source derived. The State Auditor shall make an an nual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, com mission, 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 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 man ner and under the same conditions provided hereinbefore for transfers.

Section 46. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F. Y. 1975 submitted to the 1974 Georgia General As sembly.

Section 47. The Director of the Budget shall deter mine the appropriations contained in this Act to which the Federal Revenue Sharing Funds contemplated in this Act shall apply. It is the intent of this General As sembly, however, that to the greatest extent feasible, such Federal Revenue Sharing Funds be applied to cap ital outlay and other items of a nonrecurring nature.

Section 48. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal

TUESDAY, FEBRUARY 26, 1974

2365

year, the amounts so in excess, as determined by the Of fice of Planning and Budget, shall cease to be an obliga tion of the State.

TOTAL APPROPRIATIONS

F. Y. 1975

.__--___

$1,736,675,802.75.

Section 49. An Act providing appropriations for the Fiscal Year 1973^-74, known as the "General Appro priations Act", approved April 19, 1973 (Ga. Laws 1973, p. 1353), as amended by an Act passed at the regular 1974 session of the General Assembly originally intro duced as House Bill 1376, is hereby amended by striking from quoted Section 13, as contained in Section 1 of the aforesaid Act originally introduced as House Bill 1376, the following:

"Operations ......................... ......... ^, 11,705,219",

and inserting in lieu thereof the following:

"Operations

..........................$ 11,805,219",

and by striking the following:

"Operating Expense--World Congress Center _________ $

100,000",

and inserting in lieu thereof the following:

"Operating Expense--World Congress Center _______$

200,000".

Section 50. An Act providing appropriations for the fiscal year 1973-74, known as the "General Appro priations Act", approved April 19, 1973 (Ga. Laws 1973, p. 1363), as amended by an Act passed at the regular 1974 session of the General Assembly originally intro duced as House Bill 1376, is hereby amended by striking from quoted Section 22 as contained in Section 1 of the aforesaid Act originally introduced as House Bill 1376, the following:

"Operations

.......... ^ 294,840,518",

and inserting in lieu thereof the following:

"Operations

.........$ 289,840,518",

and by striking the following:

"Grants

............................................^ 72,185,835",

2366

JOURNAL OF THE SENATE,

and inserting in lieu thereof the following:

"Grants ................ .^^^^ 67,185,835",

and by striking the following:

"Provided, that of the above appropriations relative to Operations, $5,000,000 is designated and approved for payment to the Macon-Bibb County Hospital Authority upon the approval by the Federal Government of the application for funding of a new medical college for the training of medical doctors and other allied medical per sonnel under the provisions of Public Law 92-157 known as the 'Comprehensive Health Manpower Training Act' of 1971."
Section 51. An Act providing appropriations for the fiscal year 1973-74, known as the "General Appro priations Act", approved April 19, 1973> (Ga. Laws 1973, p. 1353), as amended by an Act passed at the regular 1974 session of the General Assembly originally intro duced as House Bill 1376, is hereby amended by striking from quoted Section 28 as contained in Section 1 of the aforesaid Act originally introduced as House Bill 1376, the following:
"Operations ---------------------------_------------$ 23,844,647",
and inserting in lieu thereof the following:
"Operations -------------------------------------_$ 20,485,901.13",
and by striking the following:
"Capital Outlay..--,-..-__--------_____------__------_.$ 12,707,000",
and inserting in lieu thereof the following:
"Capital Outlay----...-----..-----------...-----$ 9,348,254.13",
and by striking the following:
"Capital Outlay--.--_--.---_.--.-------.----..$ 12,707,000",
and inserting in lieu thereof the following:
"Capital Outlay ----------------------_------_----------_$ 9,348,254.13".

Section 52. An Act providing appropriations for the fiscal year 1973-74, known as the "General Appro priations Act", approved April 19, 1973 (Ga. Laws 1973,

TUESDAY, FEBRUARY 26, 1974

2367

p. 1353), as amended by an Act passed at the regular 1974 session of the General Assembly originally intro duced as House Bill 1376, is hereby amended by striking from Section 2 of the aforesaid Act originally introduced as House Bill 1376, the following:

"$1,675,135,460.81",

and inserting in lieu thereof the following:

"$1,666,876,714.94",

Section 53. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 54. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Starr of the 44th moved that the Senate agree to the Conference Committee Report to HB 1377.

On the adoption of the Conference Committee Report, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Broun of 46th Brown of 47th Carter Cleland Coggin Cox Dean Duncan Fincher Gillis Hamilton Hill Holley

Holloway Howard Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Moore Overby Parker

Those voting in the negative were Senators:

Barker Bell Coverdell Doss Eldridge

Garrard Henderson Herndon Langford Rowan

Reynolds Riley Salter Skene Smalley Smith Starr Summers Thompson Ward Wasden Webb Young
Stephens Sutton Tysinger Warren

2368

JOURNAL OF THE SENATE,

Not voting were Senators: Hudgins and Zipperer.

On the adoption of the Conference Committee Report, the ayes were 40, nays 14, and the Conference Committee Report on HB 1377 was adopted.

Senator Zipperer filed the following statement with the Secretary:
"I supported the Conference Committee Report on HB 1377; however, I was on the House Floor tracking some local legislation for Bryan County, and I did not hear the buzzer indicating that the vote was being taken."
Senator Broun of the 46th moved that the following bill of the House be placed on the Rules Calendar:
HB 1415. By Messrs. Atherton of the 19th, Duke and Nix of the 20th: A bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, so as to provide for an excise tax which shall be imposed on malt beverages by municipalities and counties; to provide for a reporting system for the payment of such excise taxes on the sale of malt beverages.
On the motion, the ayes were 39, nays 0; the motion prevailed, and HB 1415 was placed on the Senate Rules Calendar.
The following bills of the House were taken up for the purpose of considering House action thereto:

HB 2075. By Messrs. Dixon of the 126th and Sweat of the 125th: A bill to amend an Act placing certain of the county officers of Ware County upon an annual salary, so as to change the compensation of the sheriff and ordinary of Ware County.
Senator Eldridge of the 7th moved that the Senate insist upon its substitute to HB 2075.
On the motion, the ayes were 41, nays 0; the motion prevailed, and the Senate substitute to HB 2075 was insisted upon.

TUESDAY, FEBRUARY 26, 1974

2369

HB 2078. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the board of Commissioners of Ware County, so as to change the compensation of the chairman of the board.

Senator Eldridge of the 7th moved that the Senate insist upon its substitute to HB 2078.

On the motion, the ayes were 46, nays 0; the motion prevailed, and the Senate substitute to HB 2078 was insisted upon.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 451. By Senator Kidd of the 25th:
A bill to amend an Act providing for sick leave for teachers in the public schools in this State, approved Dec. 10, 1953, as amended, so as to allow additional cumulative sick leave; to place a limitation upon the amount which may be paid to substitute teachers.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act providing for sick leave for teachers in the public schools in this State, approved December 10, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 43), as amended, so as to allow additional accumulative sick leave under rules and regulations adopted by local boards of education; to provide the procedures connected there with; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing for sick leave for teachers in the public schools in this State, approved December 10, 1953 (Ga. Laws 1953, Nov.Dec. Sess., p. 43), as amended, is hereby amended by striking from Section 1 thereof the following:
", but not cumulative from one school year to the next.",
and inserting in lieu thereof the following:
"; provided, however, unused sick leave may be accumulated under rules and regulations adopted by the local board of education.",

2370

JOURNAL OF THE SENATE,
so that when so amended, Section 1 shall read as follows:
"Section 1. Each person employed as a teacher in any public school of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service, such leave to be cumulative over each school year; provided, however, unused sick leave may be ac cumulated under rules and regulations adopted by the local board of education. A teacher may utilize sick leave upon the approval of the principal of the school in which such teacher is employed for absence due to illness or injury or necessitated by exposure to con tagious disease in which the health of others would be endangered by his attendance on duty, or to illness or death in the teacher's immediate family. Teachers shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays or other nonwork days."
Section 2. All laws and parts of laws in conflict with this Act are hereby re'pealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 451.

On the motion, the ayes were 37, nays 0; the motion prevailed, and the House substitute to SB 451 was agreed to.

Senator Ballard of the 45th assumed the Chair.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 579. By Senator Thompson of the 32nd:
A bill to amend Code Section 32-942, relating to the keeping of school funds separate from other funds, as amended by an Act approved Apr. 25, 1969 (Ga. Laws 1969, p. 721), so as to provide that said funds may be used for certain extracurricular athletic and interscholastic activities.

The House amendment was as follows:
Amend SB 579 on line 23: strike "other purposes," and insert the following: "no other purpose.".. r
And on line 62: strike "may" and insert "shall"

TUESDAY, FEBRUARY 26, 1974

2371

And on line 71: strike the "s" from the word "purposes".

Senator Thompson of the 32nd moved that the Senate agree to the House amendment to SB 579.

On the motion, the ayes were 34, nays 0; the motion prevailed, and the House amendment to SB 579 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 506. By Senator Johnson of the 38th:
A bill to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to provide for the taking of an oath; to require qualifications for such interpreters; to provide for compensation.

The House substitute was as follows:
A BILL
To be entitled an Act to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to pro vide for notice of need and proof of disability; to provide for the furnish ing of qualified interpreters to appointing authorities; to provide for the taking of an oath; to require qualifications for such interpreters; to provide for compensation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Definition. As used in the Act, "deaf person" means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communica tions when spoken in a normal conversational tone. The term further includes, but is not limited to, a person who is mute and a person who is both deaf and mute.
Section 2. Deaf person as participant in judicial or administrative proceeding; interpreter to be used.
(a) Whenever any deaf person is a party to or a witness at a pro ceeding before any grand jury or in any trial court in this State, the court shall appoint a qualified interpreter of the deaf sign language to

2372

JOURNAL OP THE SENATE,

interpret the proceedings to the deaf person and to interpret his testi mony.

(b) Whenever any deaf person is the principal party in interest at a proceeding before any department, board, commission, agency or li censing authority of the State, any political subdivision of the State, or any municipality, the department, board, commission, agency or licensing authority conducting the proceedings shall appoint a qualified interpreter of the deaf sign language to interpret the proceedings to the deaf person and to interpret any testimony he may give.

(c) For the purposes of this Section, tfie term "qualified interpre
ter" means an interpreter certified by the National, Registry of In terpreters for the Deaf, Georgia Registry of Interpreters for the Deaf, or, in the event an interpreter so certified is unavailable, an interpreter whose actual qualifications are otherwise appropriately determined. No "qualified interpreter" shall be appointed unless the appointing authority makes a preliminary determination that the interpreter is able to readily communicate with the deaf person and is able to accurately repeat and translate the statements of the deaf person.

Section 3. Notice of need for interpreter; proof of disability. Every deaf person whose appearance before a proceeding entitles him to an interpreter under the provisions of Section 2 of this Act shall notify the appointing authority of his disability not less than five (5) days prior to any appearance and shall request at such time the services of an interpreter; provided, that where a deaf person reasonably expects the need for an interpreter to be for a period greater than a single day he shall so notify the appointing authority and such notification shall be sufficient for the duration of his participation in the proceedings, and provided, further, that whenever a deaf person receives notification of the time of an appearance before a proceeding less than five (5) days prior to the proceeding, he shall provide his notification and request as soon thereafter as practicable. An appointing authority may require a
person requesting the appointment of an interpreter to furnish reason able proof of his disability when the appointing authority has reason to believe that the person is not so disabled.

Section 4. Coordination for interpreters; requests to Department of Human Resources.
(a) The Department of Human Resources is authorized and directed to prepare, and continually update, a listing of qualified and available interpreters as defined in Section 2 (c). When requested by an appointing authority to provide an interpreter, the Department shall make all contacts and do all other things necessary to provide the appointing authority with the qualified interpreter at the time and place needed.

(b) Whenever an appointing authority receives a valid request for the services of an interpreter, the authority shall request the Department of Human Resources to furnish the authority with a qualified interpreter at a time and place and for a -period specified by the authority.

Section 5. Interpreters; oath. Before participating in any proceed-

TUESDAY, FEBRUARY 26, 1974

2373

ings subsequent to an appointment under the provisions of Section 1 of this Act, an interpreter shall make an oath or affirmation that he will make a true interpretation in an understandable manner to the person for whom he is appointed and that he will repeat the statements of such person in the English language to the best of his skill and judgment.

Section 6. Interpreters; compensation. An interpreter appointed under the provisions of Section 1 of this Act shall be entitled to a reason able fee for his services, such fee not to exceed $50.00 per day of service, together with his actual expenses for travel and transportation. When the interpreter is appointed by a court the fee shall be paid out of general county funds and when the interpreter is otherwise appointed the fee shall be paid out of funds available to the appointing authority.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Johnson of the 38th moved that the Senate disagree to the House substitute to SB 506.

On the motion, the ayes were 33, nays 0; the motion prevailed, and the House substitute to SB 506 was disagreed to.

The following general bill of the House, having been defeated on February 21, and reconsidered on February 26, 1974, was put upon its passage:

HB 1415. By Messrs. Atherton of the 19th, Duke and Nix of the 20th:
A bill to amend an Act relating to license and excise taxes upon the business of dealing in malt beverages, so as to provide for an excise tax which shall be imposed on malt beverages by municipalities and counties; to provide for a reporting system for the payment of such excise taxes on the sale of malt beverages.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Ballard of the 45th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th

Brown of 47th Carter Cleland

Coggin Coverdell Cox

2374
Doss Duncan Fincher Garrard Gillis Hamilton Henderson Herndon Hill Holley Holloway Howard Jackson

JOURNAL OF THE SENATE,

Johnson Kennedy
Kidd Lester London McDuffie McGill
Moore Parker
Reynolds Riley Salter

Skene Smalley
Starr Stephens Summers Thompson Tysinger
Ward Warren
Webb Young Zipperer

Those voting in the negative were Senators:

Eldridge Overby

Rowan

Sutton

Those not voting were Senators:

Ballard (presiding) Dean

Hudgins Langford

Smith Wasden

On the passage of the bill, the ayes were 46, nays 4.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.
The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 1505. By Mr. Logan of the 62nd and others:
A bill to create the Division of Consumer Affairs in the Department of Agriculture; to provide that the Division of Consumer Affairs shall be headed by a Director who shall be appointed by and serve at the pleasure of the Commissioner of Agriculture.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 26, 1974

2375

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Pincher Garrard Gillis Hamilton

Henderson Herndon Hill Holley Holloway Howard Hudgins Johnson Kennedy Kidd Langford London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smith Starr Stephens Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative were Senators Smalley and Sutton.

Those not voting were Senators:

Duncan Jackson

Lester

Summers

On the passage of the bill, the ayes were 50, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 1507. By Messrs. Ware of the 65th, Dean of the 17th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", so as to provide that the emergency powers of the Governor shall include the power to designate any and all peace officers and law enforcement personnel to enforce the penal and criminal statutes of this State in any portion of the State which the Governor declares to be in a state of emergency or disaster.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

2376

JOURNAL OF THE SENATE,

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Hamilton Henderson

Herndon Hill
Holley Holloway
Howard Hudgins
Jackson Johnson Kennedy Kidd Langford London McDuffie McGill
Moore Overby

Parker Rowan
Salter Skene Smalley Smith
Starr Stephens Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Duncan Garrard Gillis

Lester Reynolds Riley

Summers Button

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1508. By Messrs. Ware of the 65th, Gignilliat of the 105th and others:
A bill to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, so as to authorize certain private motor vehicles to operate with flashing or revolving red lights upon certification of the necessity thereof by the State Director of Civil De fense to the Department of Public Safety.

Senator Skene of the 27th offered the following amendment:
Amend HB 1508 by adding to the title following the word "Safety", on line 10 of Page 1, the following:
"; to amend an Act relating to private passenger automobiles

TUESDAY, FEBRUARY 26, 1974

2377

and creating a manufacturer's warranty as to standards of safety concerning the ability to sustain shock, approved April 1, 1971 (Ga. Laws 1971, p. 373), as amended, so as to provide that the provisions of said Act shall not apply to certain private passenger automobiles until September 1, 1974".

By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

By adding a new Section 2, to read as follows:

"Section 2. An Act relating to private passenger automobiles and creating a manufacturer's warranty as to standards of safety concerning the ability to sustain shock, approved April 1, 1971 (Ga. Laws 1971, p. 373), as amended, is hereby amended by adding, following Section 3, a new Section 3A, to read as follows:

'Section 3A. The provisions of this Act shall not apply to private passenger automobiles having a wheel base of 115 inches or less until September 1, 1974.' "

On the adoption of the amendment, the ayes were 43, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Duncan Eldridge Garrard Gillis Hamilton

Herndon Hill Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Stephens Sutton Thompson Tysinger Ward Wasden Webb Young Zipperer

2378

JOURNAL OF THE SENATE,

Those not voting were Senators:

Cleland Fincher Henderson

Johnson London Starr

Summers Warren

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1449. By Mr. McDonald of the 12th:
A bill to amend Title 68 of the Code of Georgia, relating to motor vehicles, so as to delete therefrom certain provisions pertaining to the drivers and equipment of motor contract carriers and motor common carriers which conflict with the rules and regulations of the Georgia Public Service Commission pertaining to motor carrier safety.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coggin Cox Dean Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Jackson Kennedy Kidd Langford McGill Moore Overby Parker Reynolds Riley Rowan

Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Coverdell Doss

Howard

Tysinger

TUESDAY, FEBRUARY 26, 1974

2379

Those not voting were Senators:

Ballard Cleland Hudgins

Johnson Lester London

McDuffie Ward

On the passage of the bill, the ayes were 44, nays 4.

The bill, having received the requisite constitutional majority, was passed.

Senator Holley of the 22nd assumed the Chair.

The following resolutions of the House, favorably reported by the committee, were read the third time and put upon their adoption:

HR 315. By Messrs. Adams and Smith of the 74th: A resolution compensating Mr. Cecil Harris.

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 by Senator Holley of the 22nd, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell
Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon

Hill Holloway Howard Hudgins Jackson Kennedy Kidd
Langford London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Starr Stephens Summers
Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

2380

JOURNAL OF THE SENATE,

Those not voting were Senators:

Ballard Cleland Duncan

Holley (presiding) Johnson

Lester Smith

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 502, By Messrs. Adams and Smith of the 74th:
A resolution compensating Mr. Walter H. Peacock, Jr., as the Executor under the will of James Michael Flanagan.

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 by Senator Holley of the 22nd, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson
Herndon

Hill Holloway
Howard Hudgins Jackson Kennedy Kidd Langford London
McDuffie
McGill Moore
Overby Parker Reynolds Riley

Those not voting were Senators:

Ballard Cleland Duncan

Holley (presiding) Johnson

Rowan Salter Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer
Lester Smith

TUESDAY, FEBRUARY 26, 1974

2381

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 53g. By Mr. Bostick of the 123rd: A resolution compensating Mrs. M. 0. Lindsey.

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 by Senator Holley of the 22md, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coggin
Coverdell Cox Dean
Doss Eldridge Fincher Garrard Gillis Hamilton
Henderson Herndon

Hill Holloway Howard Hudgins Jackson Kennedy Kidd Langford
London McDuffie McGill
Moore Overby Parker Reynolds
Riley

Rowan Salter Skene Smalley
' Starr Stephens Summers Button Thompson Tysinger
Ward Warren Wasden Webb
Young Zipperer

Those not voting were Senators:

Ballard Cleland Duncan .

Holley (presiding) Johnson

Lester Smith

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

2382

JOURNAL OF THE SENATE,

HR 543. By Messrs. Buck of the 87th, Berry of the 86th and others: A resolution compensating Sergeant Lee Blanchard.

The report of the committee, which was favorahle to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered by Senator Holley of the 22lnd, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon

Hill Holloway Howard Hudgins Jackson Kennedy Kidd Langford London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Cleland Duncan

Holley (presiding) Johnson

Lester Smith

On the adoption of the resolution, the ayes were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 631. By Mr. Harris of the 8th: A resolution compensating the City of Cartersville.

TUESDAY, FEBRUARY 26, 1974

2383

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 by Senator Holley of the 22nd, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon

Hill Holloway Howard Hudgins Jackson Kennedy Kidd Langford London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Cleland Duncan

Holley (presiding) Johnson

Lester Smith

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
The following local, uncontested resolutions, favorably reported by the com mittee, were read the third time and put upon their adoption:

HR 231. By Mr. Petro of the 46th, Mrs. Clark of the 55th, Mr. Burton of the 47th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt from ad valorem taxation for educational purposes levied by the DeKalb

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JOURNAL OF THE SENATE,

County School District the homestead, but not to exceed $10,000.00 of its assessed value, of any resident of such county school district who is sixty-two years of age or older, and who has income from all sources, including income from all sources of all members of his family, not exceeding $6,000.00 per annum; 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 homestead, but not to exceed $10,000.00 of its assessed value, of each resident of the DeKalb County School District who is sixty-two years of age or older, and who has income from all sources, including income from all sources of all members of his family residing within said homestead, not exceeding $6,000.00 per annum, shall be exempt from ad valorem taxation for educational purposes levied for or in behalf of such county school system. No such exemption shall be granted unless an affidavit of the owner of the homestead, submitted on forms prepared for that purpose, is filed with the DeKalb County tax commissioner, which affidavit shall state the owner's age, the amount of income received by him in the calendar year next preceding the filing of the affidavit; the income received by all members of the owner's family residing within the homestead during the calendar year next preceding filing of the affidavit, and such other additional information as may be reasonably required by the tax commissioner. The exemption granted by this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied as a residence by one or more such owners who possess the qualifications provided for in this para graph. Such exemption 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 possess the qualifications provided for herein. The exemption provided for by this paragraph shall apply to all taxable years beginning after December 31, 1974."

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 ex empt from ad valorem taxation for educational
( ) NO purposes levied by the DeKalb County School District, the homestead, but not to exceed $10,000.00 of its assessed value, of any resident of such county school district who is sixty-two years of age or older, who has income from all

TUESDAY, FEBRUARY 26, 1974

2385

sources, including income from all sources of all members of his family, not exceeding $6,000.00 per annum?"

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 by Senator Holley of the 22nd, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Herndon Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Henderson Hill

Holley (presiding) Johnson

Smith Ward

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

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JOURNAL OF THE SENATE,

HR 659. By Mr. Harris of the 51st and others:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the County of DeKalb to issue bonds for lawful public purposes without an election under certain conditions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitu tion, as amended, is further amended by adding at the end thereof a new provision to read as follows:

"Notwithstanding any other provisions of this Paragraph, DeKalb County, Georgia, may issue general obligation bonds for any lawful public purpose without submitting the issuance thereof to the voters of said County at an election, subject to the following restrictions and limitations: the issuance of such bonds must be authorized by the county governing authority at a public meeting called for such purpose and held not sooner than ten (10) days and not later than sixty (60) days following the last of two notices thereof published in two successive weeks in the official organ of said County and once a week for two weeks in at least one daily newspaper of general circulation in said County. Each notice shall specify the purposes for which the funds shall be spent. Not more than four million ($4,000,000) dollars in aggregate principal amount of such bonds so issued without an election shall be issued in any calendar year nor shall'the total of the aggregate principal amount of such bonds including bonds proposed to be issued, exceed onefourth of the total of the aggregate principal amount of all bonds issued and outstanding at the time of the authorization. The aggregate of all outstanding bonds shall not exceed the limitations now provided elsewhere in this Paragraph or as such limitations may simultaneously or hereafter be amended."

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 DeKalb County, Georgia, to issue in
( ) NO any one year general obligation bonds not in excess of $4,000,000 in principal amount for law ful public purposes without an election, but sub ject to certain limitations?"
All persons desiring to vote in favor of ratifying the proposed

TUESDAY, FEBRUARY 26, 1974

2387

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 by Senator Holley of the 22nd, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Herndon Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Henderson Hill

Holley (presiding) Johnson

Smith Ward

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

2388

JOURNAL OP THE SENATE,

HR 632. By Messrs. Connell of the 80th, Mulherin of the 81st, Dent of the 78th and others:
A RESOLUTION
Providing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county ad valorem taxes, except school taxes, in Richmond 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 I, Paragraph IV of the Constitution of Georgia is hereby amended by adding at the end thereof the follow ing:
"All capital improvements of each new manufacturing establish ment located in Richmond County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time of its establishment provided such establish ment has a paid-in capital stock of $50,000. Each addition to the capital improvements of an existing manufacturing establishment located in Richmond County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time such addition is made if the cost of such addition is $50,000, or more. For the purpose of this exemption the term 'manufacturing establishment' shall mean and include every person, firm, partnership, or corporation engaged in making, fabricating or changing things into new forms for use or in refining, rectifying or combining different materials for use. The term 'capital improve ments' shall mean and include property, buildings, machinery and equipment directly connected with the manufacturing process, but shall not include property held for investment purposes only."

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 ex empt the capital improvements of certain manu-
( ) NO facturing establishments and certain additions thereto from all Richmond County ad valorem property taxes, except school taxes, for a period of five years following their establishment or addition?"

All persons desiring to vote in favor of ratifying the proposed

TUESDAY, FEBRUARY 26, 1974

2389

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 sub stitute to HR 632:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county ad valorem taxes, except school taxes, in Richmond 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 I, Paragraph IV of the Constitution of Georgia is hereby amended by adding at the end thereof the follow ing:
"All capital improvements of each new manufacturing establish ment located in Richmond County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time of its establishment provided such establish ment has capital improvements of $1,000,000. Each addition to the capital improvements of an existing manufacturing establishment located in Richmond County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time such addition is made if the cost of such addition is $1,000,000, or more. For the purpose of this exemption the term 'manufacturing establishment' shall mean and include every person, firm, partnership, or corporation engaged in making, fabricating or changing things into new forms for use or in refining, rectifying or combining different materials for use. The term 'capital improve ments' shall mean and include buildings, machinery and equipment directly connected with the manufacturing process."
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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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 exempt the capital improvements of certain
( ) NO manufacturing establishments and certain ad ditions thereto from all Richmond County ad valorem property taxes, except school taxes, for a period of five years following their establish ment or addition?"
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.

On the adoption of the substitute, the ayes were 49, nays 0, and the sub stitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered by Senator Holley of the 22nd, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Herndon Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

TUESDAY, FEBRUARY 26, 1974

2391

Those not voting were Senators:

Ballard Henderson Hill

Holley (presiding) Johnson

Smith Ward

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.

HR 712. By Mr. Dixon of the 126th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Waycross 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 I of the Constitution is amended by adding at the end thereof the following paragraph:
"The General Assembly shall be authorized to create in and for the City of Waycross, the Downtown Waycross Development Authority for the purpose of the redevelopment of the downtown Waycross area. Said Authority shall have the power to employ engineers and planners, to contract for the construction of buildings and other facilities, and to contract with the City of Waycross 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 Waycross, and to levy and collect taxes within said districts based on values of the taxable property fixed by the Tax Digest of the City of Waycross to defray the costs of the foregoing. The General Assembly may authorize the Authority to create one or more of such districts and authorize the Authority to define the boundaries of such districts. 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 retire ment of said indebtedness. No taxes shall be levied by said Authority for any purpose against owner occupied 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

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JOURNAL OF THE SENATE,
Authority, their terms of office and related matters and the geographical limits within the City of Waycross which shall be subject to the provisions of this paragraph."
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 Downtown Way-
( ) NO cross 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 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 by Senator Holley of the 22nd, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Herndon Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Starr Stephens Summers Sutton Thompson Tysinger Warren Wasden Webb Young Zipperer

TUESDAY, FEBRUARY 26, 1974

2393

Those not voting were Senators:

Ballard Henderson Hill

Holley (presiding) Johnson

Smith Ward

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following reports of standing committees were read by the Secretary:

Senator Reynolds of the 48th 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 recommendation:
HE 507. Do pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

Senator Johnson of the 38th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 651. Do pass.
Respectfully submitted, Johnson of 38th District, Chairman.

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JOURNAL OF THE SENATE,

Senator McDuffie of the 19th District, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:

Mr. President:

Your Committee on Senate Administrative Affairs has had under considera tion the following resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 430. Do pass.
SR 435. Do pass.
Respectfully submitted,
McDuffie of 19th District,
Chairman.

The following bill of the Senate and resolution of the House were read the second time:

SB 651. By Senator Johnson of the 38th:
A bill to provide that on or after April 1, 1974, no person shall be elected as a justice of the peace nor shall any person be appointed as a notary public ex officio justice of the peace in certain counties of this State; to abolish the offices of justice of the peace, notary public ex officio justice of the peace and constable in such counties.

HR 507. By Messrs. Jones of the 109th, Alien of the 108th and others: A resolution proposing an amendment to the Constitution so as to delete therefrom the provision pertaining to the Coastal Highway District.
The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 1755. By Messrs. Johnson, Bailey, Lee and Northcutt of the 68th:
A bill to amend Code Chapter 92-69, relating to the powers and duties of the county boards of tax assessors, so as to change the contents of the notice required to be given by the board of county tax assessors; to provide that the members and alternate members of the county board of equalization shall be selected from the grand jury list.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 26, 1974

2395

On the passage of the bill, Senator Holley of the 22nd, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Hamilton Herndon

Hill Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Reynolds

Those not voting were Senators:

Ballard Garrard Gillis

Henderson Holley (presiding) London

Riley Rowan Salter Skene Starr Stephens Summers Sutton Thompson Tysinger Ward Wasden Webb Young Zipperer
Smalley Smith Warren

On the passage of the bill, the ayes were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1011. By Mr. Atherton of the 19th: A bill to authorize counties and certain municipalities to levy a local income tax; to provide for the administration and collection of such taxes.
Senator Bell of the 5th offered the following amendment:
Amend HB 1011 by striking from Page 1, line 23 the word "and", and by striking from Page 1, lines 24 through 27, and from Page 2, lines 1 and 2, and on line 3 the words "as amended".
and
by striking from Page 2, line 3 all those words except "As Amended," and lines 4 and 5 in their entirety.

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JOURNAL OP THE SENATE,

Senator Smalley of the 28th moved that the amendment offered by Senator Bell of the 5th be divided into two amendments as follows:

(1) Amend HB 1011 by striking from Page 1, line 23 the word "and", and by striking from Page 1, lines 24 through 27, and from Page 2, lines 1 and 2, and on line 3 the words "as amended".

and

(2) by striking from Page 2, line 3 all those words except "As Amended," and lines 4 and 5 in their entirety.

On the motion, the ayes were 42, nays 0; the motion prevailed, and the amendment offered by Senator Bell of the 5th was divided into two amendments as shown above.

Senator Bell of the 5th moved that HB 1011 be postponed for one hour.

On the motion, the ayes were 42, nays 0; the motion prevailed, and HB 1011 was postponed for one hour.

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 716. By Senator Young of the 13th and others:
A bill to amend Code Section 32-111, providing for the compensation and expenses for members of the Board of Regents, so as to change the provisions relating to compensation and expenses of members of the Board of Regents.

The House has passed, by substitute, by the requisite constitutional majority the following resolutions of the Senate, to-wit:

SR 358. By Senator Rowan of the 8th:
A resolution authorizing the conveyance of certain real property located in Berrien County, Georgia.

TUESDAY, FEBRUARY 26, 1974

2397

SR .357. By Senator Rowan of the 8th:
A resolution authorizing the conveyance of certain real property located in Berrien County.

SR 359. By Senator Rowan of the 8th:
A resolution authorizing the conveyance of certain real property located in Berrien County.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 681. By Senator Holley of the 22nd:
A bill to amend an Act creating the Executive Board of the Georgia World Congress Center.

The House has passed, as amended, by the requisite constitutional majority the following resolution of the Senate, to-wit:

SR 394. By Senator Webb of the llth:
A resolution authorizing the conveyance of certain real property located in Seminole County.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 587. By Senator Carter of the 14th:
A bill to amend an Act creating the Department of Public Safety, so as to provide that the rank and pay of the Commanding Officer of the Uniform Division of the Department shall be established by the Board of Public Safety.

Senator Coggin of the 35th 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:

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JOURNAL OF THE SENATE,

HB 1334. By Mr. Lane of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to creditable service for leaves of absence.

The following fiscal note, as required by law, was read by the Secretary:

TEACHERS RETIREMENT SYSTEM 254 Washington Street, S. W. Phone 656-2954
Atlanta, Georgia 30334

January 29, 1974

TO: FROM: SUBJECT:

Mr. Ernest B. Davis State Auditor
Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia
House Bill 1334

This bill would allow members of the Teachers Retirement System to establish credit for approved study leave after they had established credit for five years of current membership service. The members would have to have been granted a leave of absence by their last employer and the members would have to pay the member contributions and interest based upon the salary they earned immediately prior to the study leave. The members' present employers would have to pay the employer contributions and interest on any salary paid from sources other than State funds.

We estimate that 463 college personnel and 200 public school personnel will be entitled to creditable service under this bill. We estimated that the college personnel would establish credit for 321.5 years of service and the public school personnel 200 years. By estimating the increase in the retirement benefits of the two groups of members and by using the Factor Seven as an estimate of total cost, we arrived at a total cost of the service estimated to be established under this bill of $3,146,879.

We have contacted our actuary and have asked him to give us the estimated cost per year to the State of this bill over our entire funding period of forty years. We have not received this information from our actuary yet.

On the passage of the bill, Senator Coggin of the 35th, who was presiding, ordered a roll call, and the vote was as follows:

TUESDAY, FEBRUARY 26, 1974

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Carter Cleland Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Smalley Smith Starr Stephens Summers Button Thompson Tysinger Ward Warren Wasden Webb Zipperer

2399

Those not voting were Senators:

Brown of 47th Coggin

Johnson Skene

Young

On the passage of the bill, the ayes were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 716. By Senators Young of the 13th, Zipperer of the 3rd, Moore of the 56th and others:
A bill to amend Code Section 32-111, providing for the compensation and expenses for members of the Board of Regents, as amended, so as to change the provisions relating to compensation and expenses of members of the Board of Regents.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 32-111, providing for the compensation and expenses for members of the Board of Regents, as amended, so as to change the provisions relating to compensation

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JOURNAL OF THE SENATE,

and expenses of the Board of Regents; to change the maximum number of days for which a member may receive expenses; 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 32-111, providing for the compensation and expenses for members of the Board of Regents, as amended, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 32-111, to read as follows:

"Section 32-111. Members of the Board of Regents shall re ceive the sum of $36 per day for each day of actual attendance at meetings of the Board or for each day of travel, within or without the State, as a member of a committee of said Board which has been authorized by the Chairman or by action of the Board, registration fees, and costs of transportation to and from the place of meeting or place of visits or inspections. No member shall be authorized to receive the sums, fees and costs provided by this Section for more than 60 days per year. Said sums, fees and costs shall be paid from funds appropriated to or otherwise available to the Board of Regents."

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 Zipperer of the 3rd moved that the Senate agree to the House substitute to SB 716.

On the motion, the ayes were 37, nays 0; the motion prevailed, and the House substitute to SB 716 was agreed to.

The following bills of the Senate were taken up for the purpose of considering House action thereto:

SB 326. By Senator Langford of the 51st: A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to grant pardon and parole to aged or disabled inmates.
The House amendment was as follows:
Amendment SB 326 by changing on line 23, Page 1, the following language: "two" to "three".

TUESDAY, FEBRUARY 26, 1974

2401

Senator Langford of the 51st moved that the Senate agree to the House amendment to SB 326.

On the motion, the ayes were 35, nays 0; the motion prevailed, and the House amendment to SB 326 was agreed to.

SB 681. By Senator Holley of the 22nd:
A bill to amend an Act creating the Executive Board of the Georgia World Congress Center, approved March 16, 1972 (Ga. Laws 1972, p. 245).

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act creating the Executive Board of the Georgia World Congress Center, approved March 16, 1972 (Ga. Laws 1972 p. 245), as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 666), so as to provide a short title; to change the name of the Executive Board of the Georgia World Congress Center; to re constitute and continue the Executive Board of the Georgia World Congress Center as an authority; to provide-for membership of the Authority; to provide definitions; to provide for powers and the assumption of powers; to ratify prior actions of the Executive Board of the Georgia World Congress Center and the Department of Community Development regarding the planning of the Georgia World Congress Center, including site selection; to provide that the Authority shall proceed immediately to cause the George L. Smith II Georgia World Congress Center to be constructed; to provide for exemption from tax ation; to provide for venue and jurisdiction of actions; to provide for acceptance of funds; to provide for monies received to be considered trust funds; to provide for the use of revenues, rents and earnings; to pro vide for rules and regulations; to provide for the Attorney General to act as counsel; to provide for powers to be supplemental and addi tional; to provide for liberal construction; to provide for audits; 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 the Executive Board of the Georgia World Congress Center, approved March 16, 1972 (Ga. Laws 1972, p. 245), as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 666), is hereby amended by striking Sections 1, 1A, 2, 2A, 2B, 3 and 4 in their entirety and inserting in lieu thereof the following:
"Section 1. Short Title. This Act may be cited as the 'Geo L. Smith II Georgia World Congress Center Act.'

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JOURNAL OF THE SENATE,

Section 2. Geo. L. Smith II Georgia World Congress Center Authority; Creation. The Executive Board of the Georgia World Congress Center heretofore created is hereby reconstituted, enlarged and re-created as a body corporate and politic to be known as the 'Geo. L. Smith II Georgia World Congress Center Authority' which shall be deemed to be an instrumentality of the State of Georgia
and a public corporation and by that name, style and title, said body may contract and be contracted with, and be sued, implead
and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of twenty members as follows:
The President of the Senate shall appoint three Senators for terms of office of six years each; the Speaker ef the House of Representa tives shall appoint three members of the House of Representatives for terms of six years each. A vacancy shall occur in the office of a legislative member of the Authority when he ceases to be a mem ber of the General Assembly, and such vacancy shall be filled in the manner provided hereinafter for filling vacancies. The Governor shall appoint four members of the Authority from the remaining present members of the Executive Board of the Georgia World Con gress Center who shall continue to serve for the terms for which they were appointed to such Executive Board. Their successors shall be appointed by the Governor from the general public for terms of six years each. Ten members of the Authority shall be appointed by the Governor from the Board of Community Development and their terms on the Authority shall be concurrent with their terms on the Board of Community. Development. All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The Authority shall elect its own officers. Eleven members of the Au thority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all rights and per form all duties of the Authority. The members of the Authority shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Au thority shall make rules and regulations for its own government. The Authority shall have perpetual existence. Any change in name or composition of the Authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act.

Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: (a) The word 'Au thority' shall mean the Geo. L. Smith II Georgia World Congress Center Authority.

(b) The word 'Project' shall be deemed to mean a compre hensive international trade and convention center and meeting fa cility with exhibit space capable of handling large trade groups, a Georgia Hall to be a world showcase for displaying exhibits of Georgia's counties, municipalities, industries and attractions, and to promote the agricultural, historic, recreational and natural re sources of the State of Georgia, individual meeting rooms with simultaneous translation facilities for several languages, and other related facilities for cultural, political, musical, educational and

TUESDAY, FEBRUARY 26, 1974

2403

other events, including, without limitation, refreshment stands and
restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties and goods of all kinds, whether operated or purveyed directly or indirectly through concessionaires, licensees, or lessees or otherwise, and parking facilities and parking areas in connection therewith. The project shall be located in the City of Atlanta and will be known as the 'Geo. L. Smith II Georgia World Congress Center'. As used herein, the term 'Geo. L. Smith II Georgia World Congress Center' shall include and refer to the same project formerly known as the 'Georgia World Congress Center'.

(c) The term 'cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasi bility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense in curred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of general obligation bonds issued by the State of Georgia or such other bonds or obligations as may be issued by any authority or agency of the State of. Georgia.

Section 4. Powers. The Authority shall have powers: (a) To have a seal and alter the same at pleasure;

(b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real personal property of every kind and char acter for its corporate purposes;
(c) 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 ex isting laws applicable to the condemnation of property for public use, real property or rights of easement 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 any person with respect to the use of or dis posal of the same in any manner it deems to the best advantage of the Authority, and no property shall be acquired under the provi' sions of this Act 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 encumbrance; and if the Authority shall deem it ex pedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby autho rized to convey, for and in behalf of the State title to such lands for the Authority as part of the consideration for the operation of the project by the Authority;

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(d) To appoint and select officers, agents and employees, in cluding engineering, architectural and construction experts and fis cal agents, and fix their compensation;

(e) To make contracts, leases and to execute all instruments necessary or convenient, with any person, including contracts for operation, management and maintenance of the project and leases and other contracts with respect to the use and operation of the project facilities and any and all political subdivisions, depart ments, 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 advisable; provided, however, no contract for the operation, management or maintenance shall be with any State department, agency or author ity;
(f) To plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage the project, as hereinabove defined, to be located on property owned by or leased by the Authority in the City of Atlanta, Georgia, the cost of any such project to be paid in full or in part from the pro ceeds of general obligation bonds issued by the State of Georgia or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof;

(g) To accept loans or grants of money or materials or prop erty 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 impose;
(h) To borrow money for any of its corporate purposes and to provide for the payment of the same, as may be permitted under the constitution and laws of the State of Georgia;

(i) To exercise any power usually possessed by private corpo rations performing similar functions, which is not in conflict with the Constitution and laws of this State;

(j) To contract with the Georgia State Financing and Invest ment Commission for the construction of the project as provided for in the Georgia State Financing and Investment Commission Act as it now exists or may hereafter be amended; or to contract with other authorities, departments, or agencies of the State of Georgia for the construction of the project; and

(k) To do all things necessary or convenient to carry out the powers expressly given in this Act; and

(1) The Authority shall not be authorized to expend State funds in excess of $35,000,000, excluding interest and debt service, for the construction of the"Geo. L. Smith II Georgia World Congress Center, and shall not be authorized to expend any State funds for the maintenace or operation of the facility; and

TUESDAY, FEBRUARY 26, 1974

2405

(m) The Authority may elect whether or not to use the Con struction Division of the Georgia State Financing and Investment Commission in connection with the construction of this project. Any other provision of law to the contrary notwithstanding, the con struction of the project may be accomplished by the use of private parties selected by the Authority to design and build the project according to criteria set by the authority."

Section 5. Assumption of Powers. The Authority is hereby autho rized to assume from the Department of Community Development such future responsibility in connection with the acquisition, construction and contracting for the operation of the Geo. L. Smith II Georgia World Congress Center as said Authority and Department may agree by con tract, and the Department of Community Development is hereby autho rized to transfer to the Geo. L. Smith II Georgia World Congress Center Authority any and all contracts, plans, documents or other papers of said Department relating to the Geo. L. Smith II Georgia World Con gress Center, together with any and all funds heretofore appropriated to it for the Geo. L. Smith II Georgia World Congress Center other than appropriations made specifically for debt service purposes. All actions heretofore taken by the Executive Board of The Georgia World Congress Center and the Department of Community Development re garding the planning and financing of the Geo. L. Smith II Georgia World Congress Center, including site selection, are hereby expressly ratified by this General Assembly and all resolutions and actions taken with respect to such planning, including site selection, and the financing of the Geo. L. Smith II Georgia World Congress Center shall remain in effect and shall not be affected by any provision of this Act or by any action of the Authority.

Section 6. Exemption from taxation; covenant of State. It is here by found, determined and declared that the creation of the Authority in the carrying out of its corporate purpose is in all respects for the benefit of the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act and this State covenants that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained or acquired by it or any fees, rentals or other charges for the use of such facilities or other income received by the Authority. Provided, however, in no event shall the exemptions granted herein extend to any lessee or other private person or entity.

Section 7. Immediate Commencement of Preparation of Archi tectural and Engineering Plans. The Authority shall proceed immediate ly to cause the Geo. L. Smith II Georgia World Congress Center to be constructed and pending the receipt of $35,000,000 to be obtained from proceeds of general obligation debt authorized by an act approved April 19, 1973, (Ga. Laws 1973, p. 1353) the Authority may use for prelimi nary planning funds $200,000 appropriated to the Department of Community Development by an Act approved April 19, 1973 (Ga. Laws 1973, p. 1353) and with such funds the Authority shall immediately commence the preparation of architectural and engineering designs,

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JOURNAL OF THE SENATE,

plans, and specifications for the Geo. L. Smith II Georgia World Con gress Center. Said $200,000 shall be repaid to the State Treasury from the proceeds of such general obligation bonds.

Section 8. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions.

Section 9. Acceptance of Funds and Contributions. The Authority in addition to the monies received from the collection of revenues, rents, and earnings derived under the provisions of this Act, or from the Department of Community Development, shall have authority to accept from any federal agency grants for or in aid of the construction of any project, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made.
Section 10. Monies received considered trust funds. All monies received pursuant to the authority of this Act whether as grants or other contributions, or as revenues, rents and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

Section 11. Revenues, rents and earnings; use. The Authority is hereby authorized to fix rentals and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the Author ity for the use of the project or part thereof or combination thereof, and to charge and collect the same and to lease and make contracts with political subdivisions and agencies, with respect to use of any part of the project. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to provide a fund sufficient with other revenues of such project, if any, to pay the cost of maintaining, repairing and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project for water, light, sewer and other services furnished by other facilities at such project.

Section 12. Rules and regulations for operation of project. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project constructed under the provisions of this Act including rules and regulations to insure maximum use of the project.

Section 13. Legal Services. The Attorney General shall provide legal services for the Authority and in connection therewith the pro visions of Ga. Laws 1969, p. 484, as now existing or as hereafter amended, shall be fully applicable.

Section 14. Powers declared supplemental and additional. The fore going Sections of this Act shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall

TUESDAY, FEBRUARY 26, 1974

2407

be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing.

Section 15. Liberal construction of Act. This Act, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof.

Section 16. Audits; accounts audit. The accounts of the Authority herein created shall be kept as separate and distinct accounts, and shall be audited by the Department of Audits of the State.

Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 18. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Holley of the 22nd moved that the Senate agree to the House sub stitute to SB 681.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the House substitute to SB 681 was agreed to.
SR 394. By Senator Webb of the llth: A resolution authorizing the conveyance of certain real property located in Seminole County, Georgia.
The House amendment was as follows: Amend SR 394 by striking the word "north" on line 11, Page 1,
and inserting in lieu thereof, the word "south".
Senator Webb of the llth moved that the Senate agree to the House amend ment to SR 394.
On the motion, the ayes were 41, nays 0; the motion prevailed, and the House amendment to SR 394 was agreed to.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

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HB 974. By Messrs. Duke of the 20th, Howard of the 19th and Nix of the 20th:
A bill to declare and give effect to a public interest in setting apart one day of the week as a common day of rest and for other activities bene ficial to the public welfare.

The Conference Commiteee Report was as follows:
Mr. President: Mr. Speaker:
The Conference Committee on HB 974 has met and makes the following recommendation:

That both the Senate and House recede from their positions on HB 974 and that HB 974 as approved by the Senate be adopted with the attached amendment.

FOR THE SENATE
Is/ Culver Kidd Culver Kidd Senator, 25th District
1st Maylon K. London Maylon K. London Senator, 50th District
Joe Thompson Senator, 32nd District

Respectfully submitted,
FOR THE HOUSE
I si John Adams John Adams Representative, 14th District
1st Travis Duke Travis Duke Representative, 20th District
I si G. Robert Howard G. Robert Howard Representative, 19th District

The Conference Committee on HB 974 moves to amend HB 974 as follows:
By adding a new subsection at the end of Section 10 to be designated subsection (d) and to read as follows:
"(d) The practice of the healing arts by persons licensed or otherwise authorized to practice the healing arts under the laws of Georgia."

Senator Kidd of the 25th moved that the Conference Committee Report on HB 974 be adopted.

On the motion, the ayes were 35, nays 3; the motion prevailed, and the Conference Committee Report was adopted.

TUESDAY, FEBRUARY 26, 1974

2409

The President resumed 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 1011. By Mr. Atherton of the 19th:
A bill to authorize counties and certain municipalities to levy a local income tax; to provide for the administration and collection of such taxes.

Senator Bell of the 5th offered the following amendment:
Amend HB 1011 by striking from Page 1, line 23 the word "and", and by striking from Page 1, lines 24 through 27, and from Page 2 lines 1 and 2, and on line 3, the words "as amended.".

On the adoption of the amendment, Senator Howard of the 42nd called for the ayes and nays, and the call was sustained.

The President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Coggin

Kidd Lester

Those voting in the negative were Senators:

Ballard Barker Broun of 46th Carter Cleland Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Kennedy Langford McDuffie McGill Moore Overby Parker Reynolds Riley

Tysinger
Rowan S alter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Ward Warren Wasden Webb Young Zipperer

2410

JOURNAL OF THE SENATE,

Those not voting were Senators:

Brown of 47th

Johnson

London

On the adoption of the amendment, the ayes were 5, nays 48, and the amend ment was lost.

Senator Bell of the 5th offered the following amendment:
Amend HB 1011 by striking from Page 2, line 3, all those words ex cept "as amended", and lines 4 and 5 in their entirety.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Bell Cox Gillis Henderson Hill Kennedy

McDuffie Moore Parker Riley Skene Smalley

Smith Stephens Thompson Tysinger Young Zipperer

Those voting in the negative were Senators:

Ballard Barker Broun of 46th
Carter Cleland Coggin Coverdell Dean Doss Duncan Eldridge

Fincher Garrard Hamilton Herndon Holley Holloway Howard Hudgins Jackson Kidd Langford

McGill Overby Reynolds Rowan Salter Starr Summers Sutton Ward Warren Webb

Those not voting were Senators:

Brown of 47th Johnson

Lester London

Wasden

On the adoption of the amendment, the ayes were 18, nays 33, and the amend ment was lost.

TUESDAY, FEBRUARY 26, 1974

2411

Senator Howard of the 42nd offered the following amendment:

Amend HB 1011 by adding on Page 4, line 28 a new sentence between the words "residents." and "The" to read as follows:

"Provided, however, that as to DeKalb County, it shall be con clusively presumed that the City of Decatur is the most populus municipality within the meaning of this Act."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Hill Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Summers Sutton Thompson Tysinger Ward Warren Webb Young Zipperer

Voting in the negative were Senators: London and Stephens.

Those not voting were Senators:

Johnson

Lester

Wasden

On the adoption of the amendment, the ayes were 51, nays 2, and the amend ment was adopted.

Senator Kidd of the 25th offered the following amendment:
Amend HB 1011 by inserting on line 27, Page 2 after the word "No", the following:

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JOURNAL OF THE SENATE,

"If more than 50 percent of the electors qualified to vote at such election cast a ballot therein and if".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Broun of 46th Brown of 47th Carter Cleland Cox Dean Doss Duncan Eldridge Pincher Gillis Henderson Herndon

Hill
Holley Holloway Hudgins Jackson Kennedy Kidd Langford London McDuffie McGill Moore
Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Summers Sutton Thompson Young Zipperer

Those voting in the negative were Senators:

Ballard Bell Coggin Coverdell

Garrard Hamilton Stephens

Tysinger Ward Warren

Those not voting were Senators:

Howard Johnson

Lester Wasden

Webb

On the adoption of the amendment, the ayes were 41, nays 10, 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 President ordered a roll call, and the vote was as follows:

TUESDAY, FEBRUARY 26, 1974

2413

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Carter Coggin Coverdell Doss Duncan Garrard Hamilton

Henderson Holloway Howard Jackson Langford London Parker Riley Rowan Skene

Smalley
Starr Summers Sutton Thompson Tysinger Ward Warren Webb Young

Those voting in the negative were Senators:

Barker Brown of 47th Cox Dean Eldridge Fincher Gillis

Herndon Hill Hudgins Kennedy Kidd McDuffie McGill

Moore Overby Reynolds Smith Stephens Zipperer

Those not voting were Senators:

Cleland Holley

Johnson Lester

Salter Wasden

On the passage of the bill, the ayes were 30, nays 20.

The bill, having received the requisite constitutional majority, was passed as amended.

The following resolutions of the Senate were taken up for the purpose of considering House substitutes thereto:

SR 357. By Senator Rowan of the 8th: A resolution authorizing the conveyance of certain real property located in Berrien County, Georgia.
The House substitute was as follows:
A RESOLUTION
Authorizing the conveyance of certain real property located in Ber rien County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real prop-

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erty located in Berrien County, Georgia, which is currently under the control and jurisdiction of the Department of Agriculture; and

WHEREAS, said real property consists of two tracts or parcels of land lying and being in the County of Berrien, State of Georgia, and being more particularly described as follows:

"TRACT ONE:

One lot in the City of Nashville, Berrien County, Georgia, more particularly described as follows: Beginning at a point on the East side of the right of way of paved U. S. Highway No. 129, which point is One Hundred Eighty-seven (187) feet north of the inter section of Hazel Street (formerly called Boneyard Street) with said right of way of said highway, and running thence in an easterly direction a distance of Two Hundred Thirty (230) feet to an agreed corner on the West side of South Jefferson Street, which agreed corner is One Hundred Seventy-one (171) feet North of said Hazel Street and running thence North along the West side of South Jef ferson Street a distance of Three Hundred (300) feet to an agreed corner; thence in a westerly direction along agreed line a distance of Two Hundred Thirty (230) feet to a point on said right of way of said highway; thence running in a southerly direction along the East side of said right of way a distance of Three Hundred (300) feet to the point of beginning.

TRACT TWO:

All that tract or parcel of land situated, lying and being in lot of land #189 in the 10th land district of Berrien County, Georgia and also located in the City of Nashville, Georgia, containing 2.3392 acres, more or less, and being bounded on the north by the right of way of Day Avenue and by lands presently owned by the State of Georgia (being conveyed to the Berrien County Board of Education part of way) ; on the east by lands now owned by the State of Georgia (being conveyed to the Berrien County Board of Education) part of way, and by lands of the State of Georgia part of way; on the south by the right of way of Hazel Street; and on the west by the right of way of South Jefferson Street. Said tract being more particularly described according to a plat of survey prepared by William H. Branch, Registered Land Surveyor, (this tract being designated as tract number 2 on said plat) which plat, dated Febru ary 2, 1974, and recorded in plat book 3 at page 424 in the office of the Clerk of the Superior Court of Berrien County, Georgia is by reference incorporated herein as a part of this description.";
and
WHEREAS, the above described real property is no longer needed by the Department of Agriculture, or the State of Georgia and is there fore surplus; and r
WHEREAS, Berrien County is desirous of obtaining said tracts of land.

TUESDAY, FEBRUARY 26, 1974

2415

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tracts or parcels of land subject to the following conditions:

(1) that the said tract or parcels of land shall be conveyed to the governing authority of Berrien County; and

(2) that the conveyance of said tract or parcels of land shall be approved by the State Properties Commission; and

(3) that the conveyance of said tract or parcels of land shall be upon such terms and conditions and for such consideration as may be mutually agreed upon by the governing authority of Berrien County and the State Properties Commission.

Senator Rowan of the 8th moved that the Senate agree to the House sub stitute to SR 357.

On the motion, the ayes were 37, nays 0; the motion prevailed, and the House substitute to SR 357 was agreed to.

SR 358. By Senator Rowan of the 8th:
A resolution authorizing the conveyance of certain real property located in Berrien County, Georgia.

The House substitute was as follows:
A RESOLUTION
Authorizing the conveyance of certain real property located in Ber rien County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real prop erty located in Berrien County, Georgia, which is currently under the control and jurisdiction of the Department of Agriculture; and
.WHEREAS, said real property consists of two tracts or parcels of land lying and being in the County of Berrien, State of Georgia, and being more particularly described as follows:
"TRACT ONE:
Three (3) acres, more or less, of lot of land No. 189 in the Tenth Land District of Berrien County, Georgia, lying and being in the City of Nashville, Georgia and better described as follows:

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Beginning at the southwest corner of said tract of land at the inter section of the North side of Day Avenue with the East side of South Jackson Street and running thence in a northerly direction along the East margin of South Jackson Street a distance of Three Hundred and Thirty-five (335) feet to lands of J. H. Anderson; thence in an easterly direction along the line of the lands of J. H. Anderson a distance of Three Hundred and Eighty-five (385) feet to King Street; thence in a southerly direction along the West mar gin of King Street a distance of Three Hundred and Thirty-five (335) feet to Day Avenue, and thence in a westerly direction along the North margin of Day Avenue a distance of Three Hundred and Eighty-five (385) feet to the point of beginning.

TRACT TWO:
All that tract or parcel of land situated, lying and being .91524 acres, more or less, located in lot of land #189 in the 10th land district of Berrien County, Georgia, and also located in the City of Nashville, Georgia, said tract bounded on the north by the right of way of Day Avenue; on the east by the right of way of King Street; on the south by lands owned by the State of Georgia (being con veyed to Berrien County) part of way and by lands of the State of Georgia part of way; and on the west by lands of the State of Georgia (being conveyed to Berrien County). Said tract being designated as Tract 3-A on a certain plat of survey prepared by William H. Branch, Registered Land Surveyor, on February 2, 1974, which plat, recorded in plat book 3 at page 424 in the office of the Clerk of the Superior Court of Berrien County, Georgia, is by reference incorporated herein as a part of this description.";
and
WHEREAS, the above described real property is no longer needed by the Department of Agriculture or the State of Georgia and is there fore Surplus; and
WHEREAS, the School Board of Berrien County is desirous of ob taining said tracts of land.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tracts or parcels of land subject to the following conditions:
(1) that said tracts or parcels of land shall be conveyed to the School Board of Berrien County; and
(2) that the conveyance of said tracts or parcels of land shall be approved by the State Properties Commission; and r
(3) that the conveyance of said tracts or parcels of land shall be upon such terms and conditions and for such consideration as may be

TUESDAY, FEBRUARY 26, 1974

2417

mutually agreed upon by the governing authority of the School Board of Berrien County and the State Properties Commission.

Senator Rowan of the 8th moved that the Senate agree to the House substitute to SR 358.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the House substitute to SR 358 was agreed to.

SR 359. By Senator Rowan of the 8th:
A resolution authorizing the conveyance of certain real property lo cated in Berrien County, Georgia.

The House substitute was as follows:
A RESOLUTION
Authorizing the conveyance of certain real property located in Ber rien County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Berrien County, Georgia, which is currently under the control and jurisdiction of the Department of Agriculture; and
WHEREAS, said real property consists of one tract or parcel of land lying and being in the County of Berrien, State of Georgia, and being more particularly described as follows:
"Beginning at the junction of the West margin of the rightof-way of the main line of the Georgia & Florida Railroad with the north margin of Hazel Avenue, and running thence westward along the North margin of Hazel Avenue to the East margin of King Street; thence North along the East margin of King Street to the South margin of Day Street; thence East along the South margin of Day Street to the West margin of the right-of-way of said Georgia & Florida Railroad main line; thence Southeastly along the West margin of the right of way of said main line of said Georgia & Florida Railroad to the north Margin of Hazel Avenue, the point of beginning. Said tract being bounded as follows; North by Day Street; East by the West margin of the main line of the Georgia & Florida Railroad; South by the North margin of Hazel Street; and West by the East margin of King Street.";
and
WHEREAS, the above described real property is no longer needed by the Department of Agriculture, or the State of Georgia and is there fore surplus; and

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JOURNAL OF THE SENATE,

WHEREAS, the City of Nashville is desirous of obtaining said tract of land.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor acting for and on behalf of the State of Georgia, is hereby authorized to convey the hereinabove described tracts or parcels of land subject to the following conditions:

(1) that said tract or parcel of land shall be conveyed to the City of Nashville; and

(2) that the conveyance of said tract or parcel of land shall be ap proved by the State Properties Commission; and

(3) that the conveyance of said tract or parcel of land shall be upon such terms and conditions and for such consideration as may be mutually agreed upon by the governing authority of the City of Nash ville and the State Properties Commission.

Senator Rowan of the 8th moved that the Senate agree to the House substitute to SR 359.

On the motion, the ayes were 32, nays 0; the motion prevailed, and the House substitute to SR 359 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 587. By Senator Carter of the 14th:
A bill to amend an Act creating the Department of Public Safety, ap proved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to provide that the rank and pay of the Commanding Officer of the Uniform Division of the Department of Public Safety shall be established by the Board of Public Safety.

The House amendment was as follows:
Amend SB 587 by striking those words on Page 1, line 25 beginning with "established" and ending with "safety";
And by inserting the following on Page 1, line 25 "fixed by law except the pay of the commanding officer shall be fixed by the Board of Public Safety;".

TUESDAY, FEBRUARY 26, 1974

2419

Senator Carter of the 14th moved that the Senate agree to the House amend ment to SB 587.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the House amendment to SB 587 was agreed to.

The following resolution of the Senate was read and adopted:

SR 441. By Senators Zipperer of the 3<rd, Kidd of the 25th and Kennedy of the 4th:
A resolution expressing appreciation to the young ladies of the tele phone center.

Senator Gillis of the 20th resumed 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 1526. By Mr. Colwell of the 4th:
A bill to amend an Act establishing the State Employees' Retirement System, so as to include Conservation Rangers of the Department of Natural Resources within the terms of said Act.

The following fiscal note, as required by law, was read by the Secretary:

EMPLOYEES' RETIREMENT SYSTEM

February 15, 1974

MEMORANDUM

TO:

Honorable Thomas Buck, III

Chairman, House Retirement Committee

FROM:

Abe Domain, Director

SUBJECT: Fiscal Note-House Bill 1526 (Floor Substitute)

Section I of the Committee Substitute adds the Department of Natural Resources and the Department of Revenue, and authorizes an employer contribution rate not to exceed 15% of the earnable compen sation of Conservation Rangers of the Department of Natural Resources and Alcohol and Tobacco Officers or Agents of the Department of Revenue.

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JOURNAL OF THE SENATE,

Section II(a) of the Substitute adds a new section to the law which provides that every person who is in service with the Department of Natural Resources as a Conservation Ranger and every person who is in service with the Department of Revenue as an Alcohol and Tobacco Officer or Agent on June 30, 1974 and every person who enters or re-enters service in the referred two departments as a Conservation Ranger or an Alcohol and Tobacco Officer or Agent on or after July 1, 1974, shall be covered by the provisions of this section.

Section II (b) establishes a mandatory retirement age for the abovementioned employees of the two departments with retirement benefits equal to two percent of the highest average compensation. This two per cent provision would apply regardless of the years of service when a member reaches his mandatory retirement age.

Section II(c) established a mandatory retirement age of fifty-five (55). However, it provides that during the years 1974-1979 an employee may be retired on the last day of the month following the month in which he attains retirement age as outlined below:

YEAR
1974 1975 1976 1977 1978 1979

OPTIONAL RETIREMENT AGE
60 or over 59 58 57 56 55

This subsection also provides that any employee affected by this bill who entered service with the two referred to departments as a Conservation Ranger or Alcohol and Tobacco Officer or Agent before December 31, 1964, may be permitted to continue in service regardless of his age until he has attained twenty-five years of creditable service. This subsection also provides that the mandatory retirement age may be waived for Conservation Rangers in a supervisory classification at the discretion of the Board of Natural Resources and the same waiver pro visions are applicable to the Commissioner of the Revenue Department for Alcohol and Tobacco Officers or Agents that are in a supervisory classification with the further stipulation that such waiver shall not be extended to such members who have reached age sixty.

Subsection II (d) defines "highest average compensation" to mean the members' highest average monthly compensation during a period of eight consecutive calendar quarters, excluding any decreases in salary that are in excess of two 5% decreases during such eight calendar quarters.
It is our understanding there are approximately 215 Conservation Rangers and 103 Alcohol and Tobacco Officers or Agents the department is already paying eight percent employer contributions on the salaries of these employees. However, this bill would provide for an additional seven percent employer contribution, meaning that the additional cost for the Department of Natural Resources would amount to approxi-

TUESDAY, FEBRUARY 26, 1974

2421

mately $145,000.00 annually and an additional employer cost for the Department of Revenue of approximately $75,000.00 annually.

Our office has discussed this bill with the actuary who advises that the fifteen percent employer contribution rate is sufficient to fund the bill, meaning that this bill would not affect the soundness of the system.

Senator Overby of the 49th offered the following amendment:
Amend HB 1526 by striking the figure "6" on lines 13 and 27 on Page 1 and inserting in lieu thereof the figure "4".

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, was agreed to as amended.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton Henderson Herndon

Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Bell Gillis (presiding)

London

McDuffie

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JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 244. By Mr. Brown of the 89th and others:
A bill to revise, classify, consolidate and modernize present laws relating to the rules of the road for traffic and to establish new laws relating thereto; to codify such laws as Title 68A of the Code of Georgia of 1933, as amended.

The Senate Committee on Highways offered the following substitute to HB 244:
A BILL
To be entitled an Act to revise, classify, consolidate, and modernize present laws relating to the rules of the road for traffic and to establish new laws relating thereto; to codify such laws as Title 68A of the Code of Georgia of 1933, as amended; to provide a short title for this Title; to define terms used in this Title; to provide for obedience to and the effect of traffic laws; to provide for the erection of and obedience to traffic signs, signals and markings; to specify the requirements for driving on the right side of roadway, overtaking and passing, and using roadways; to prescribe the rules for right-of-way; to define pedestrian's rights and duties; to regulate turning and starting signals or stopping and turning; to require special stops; to prescribe speed restrictions; to define serious traffic offenses; to regulate stopping, standing and parking; to provide miscellaneous rules; to regulate the operation of bicycles and playthings; to provide special rules for motorcycles; to pro vide special rules for motorized carts; to provide for adoption of all or part of this Title by municipalities; to provide for the severability of the provisions of this Act; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Code of Georgia of 1933 is hereby amended by adding thereto, the following Title 68A which shall be known as "The Uniform Rules of the Road."
"ARTICLE I
DEFINITION: OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
68A-101. General Definitions.
The following words and phrases, wherever used in this Title, shall have the meaning as in this Section ascribed to them unless

TUESDAY, FEBRUARY 26, 1974

2423

where used the context thereof shall clearly indicate to the con trary or unless otherwise defined in the Section of which they are a part.

(1) Alley.--A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.

(2) Arterial street.--Any U. S. or State-numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.

(3) Authorized emergency vehicle.--A motor vehicle belonging to a public utility corporation and designated as an emergency vehicle by the Department of Public Safety, a motor vehicle belong ing to a fire department or certified private vehicle belonging to a volunteer fireman, or firefighting association, partnership or corporation, an ambulance, or a motor vehicle belonging to a federal, state or local law enforcement agency; provided said vehicles are in use as an emergency vehicle by one authorized to use said vehicle for that purpose.

(4) Bicycle.--Every device propelled by human power upon which any person may ride, having only two wheels which are in tandem either of which is more than 13 inches in diameter.

(5) Bus.--Every motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

(6) Business district.--The territory contiguous to and in cluding a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, in cluding but not limited to hotels, banks, or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.

(7) Controlled-access highway.--Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.

(8) Crosswalk.-- (a) That part of a roadway at an inter section included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway;

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JOURNAL OF THE SENATE,

(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other mark ings on the surface.

(9) Department.--The Department of Public Safety of Geor gia.

(10) Divided highway.--A highway divided into two or more roadways by leaving an intervening space or by a physical barrier or by a clearly indicated dividing section so constructed as to im pede vehicular traffic.

(11) Driver.--Every person who drives or is in actual physical control of a vehicle.

(12) Driver's license.--Any license to operate a motor vehicle issued under the laws of this State.

(13) Explosives.--Any chemical compound or mechanical mix ture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

(14) Flammable liquid.--Any liquid which has a flash point of 80 degrees F., or less as determined by a tagliabue or equivalent closed-cup device.

(15) Gross weight.--The weight of a vehicle without load plus the weight of any load thereon.

(16) Highway.--The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

(17) House trailer.-- (a) A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, or living abode (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways, or

(b) A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (a), but which is used instead permanently or tempo rarily for the advertising, sales, display or promotion of merchan dise or services, or for another commercial purpose except the trans portation of property for hire or the transportation of property for distribution by a private carrier.

(18) Intersection.-- (a) The area embraced within the prolon-

TUESDAY, FEBRUARY 26, 1974

2425

gation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

(b) Where a highway includes two roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty (30) feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.

(c) The junction of an alley with a street or highway shall not constitute an intersection.

(19) Laned roadway.--A roadway which is divided into two or more clearly marked lanes for vehicular traffic.

(20) License or license to operate a motor vehicle.--Any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this State including:

(a) Any temporary license or instruction permit;

(b) The privilege of any person to drive a motor vehicle whether or not such person holds a valid license;

(c) Any nonresident's operating privilege as defined herein.

(21) Local authorities.--Every county, municipal and other board or body having authority to enact laws relating to traffic under the Constitution and laws of this State.

(22) Metal tire.--Every tire the surface of which in contact with the highway is wholly or partly metal or other hard, nonresilient material.

(23) Motor home.--Every motor vehicle designed, used, or maintained primarily as a mobile dwelling, office or commercial space.

(24) Motor vehicle.--Every vehicle which is self-propelled.

(25) Motorcycle.--Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

(26) Motor driven cycle.--Every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower, and every bicycle with a motor attached.

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JOURNAL OP THE SENATE,

(27) Nonresident.--Every person who is not a resident of this State.

(28) Nonresident's operating privilege.--The privilege con ferred upon a nonresident by the laws of this State pertaining to the operation by such person of a motor vehicle, or the use of a vehicle owned by such person in this State.

(29) Official traffic-control devices.--All signs, signals, mark ings and devices not inconsistent with this Title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

(30) Owner.--A person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in or lien by another person, but excludes a lessee under a lease not intended as security.

(31) Park or parking.--Means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passesgers.

(32) Passenger car.--Every motor vehicle, except motorcycles and motor-driven cycles, designed for carrying 10 passengers or less and used for the transportation of persons.

(33) Pedestrian.--Any person afoot.

(34) Person.--Every natural person, firm, copartnership, as sociation, or corporation.

(36) Pneumatic tire.--Every tire in which compressed air is designed to support the load.

(36) Pole trailer.--Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, or sustaining themselves as beams between the supporting connections.

(37) Police officer.--Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regula tions.

(38) Private road or driveway.--Every way or place in private ownership and used for vehicular traffic by the owner and those having express or implied permission from the owner, but not by other persons.

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(39) Railroad.--A carrier of persons or property upon cars operated upon stationary rails,

(40) Railroad sign or signal.--Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the ap proach of a railroad train.

(41) Railroad train.--A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails.

(42) Residence district.--The territory contiguous to and in cluding a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.

(43) Right-of-way.--The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.

(44) Roadway.--That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways the term 'roadway' as used herein shall refer to any such roadway separately but not to all such roadways collectively.
(45) Safety zone.--The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
(46) School bus.-- (a) A motor vehicle operated for the trans portation of school children to and from school or school activities or for the transportation of children to and from church or church activities; or
(b) A motor vehicle operated by a local transit system, which shall meet the equipment and identification requirements of Sec tion 68A-706(c) of this Title, provided, however, that such vehicle shall be a school bus only while transporting school children and no other passengers, to or from school.
(47) Semitrailer.--Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
(48) Sidewalk.--That portion of a street between the curb

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lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.
(49) Special mobile equipment.--Every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, levelling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrap ers, power shovels and drag lines, and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
(50) Stand or standing.--Means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passen gers.
(51) State.--A state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of Canada.
(52) Stop.--When required means complete cessation from movement.
(53) Stop or stopping.--When prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
(54) Street.--The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

(55) Through highway.--Every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other of ficial traffic-control device, when such signs or devices are erected as provided in this Title.

(56) Traffic.--Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for purposes of travel.

(57) Traffic-control signal.--Any device, whether manually, electrically or mechanically operated, by which traffic is alternate ly directed to stop and permitted to proceed.

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2429

(58) Trailer.--Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

(59) Truck.--Every motor vehicle designed, used or main tained primarily for the transportation of property.

(60) Truck camper.--Any structure designed, used, or main tained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space.

(61) Truck tractor.--Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other a part of the weight of the vehicle and load so drawn.

(62) Urban district.--The territory contiguous to and includ ing any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more.

(63) Vehicle.--Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

68A-102. Required obedience to traffic laws. It is unlawful and, unless otherwise declared in this Title with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this Title.

68A-103. Provisions of Title to refer to vehicles upon the high ways--exceptions.

The provisions of this Title relating to the operation of vehicles refer to the operation of vehicles upon highways except:

(a) Where a different place is specifically referred to in a given Section.

(b) The provisions of this Title shall apply to a vehicle operated at shopping centers or parking lots or similar areas which although privately owned are customarily used by the public as a through street or connector street.

(c) The provisions relating to reckless driving, driving while under the influence of intoxicating liquors or drugs, and homicide by vehicle shall apply to vehicles operated upon highways and else where throughout the State.

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68A-104. Obedience to authorized persons directing traffic.
No person shall willfully fail or refuse or comply with any lawful order or direction of any police officer or fireman invested by law with authority to direct, control or regulate traffic.
68A-105. Persons riding animals or driving animal-drawn vehicles.
Every person riding an animal or driving an animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Title, except those provisions of this Title which by their very nature can have no application.
08A-106. Persons working on highways--exceptions.
Unless specifically made applicable, the provisions of this Title except those contained in Article IX hereof shall not apply to authorized persons, teams, motor vehicles and other equipment while actually engaged in work upon a highway, but shall apply to such persons and vehicles when traveling to or from such work.
68A-107. Authorized emergency vehices.
(a) The driver of an authorized emergency vehicle, when re sponding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Section.
(b) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this Title;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(3) Exceed the maximum speed limits so long as he does not endanger life or property;
(4) Disregard regulations governing direction of movement or turning in specified directions.
(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal meeting the requirements of Section 116 (d) of an Act approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., pp. 556, 612; Ga. Code Ann. Section 68-1716(d)), as now or as here after amended, and use of a flashing or revolving red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that a vehicle belonging to a

TUESDAY, FEBRUARY 26, 1974

2431

federal, state or local law enforcement agency and operated as such shall be making use of a flashing or revolving blue light with the same visibility to the front of the vehicle.

(d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due re gard for the safety of all persons.

(e) It shall be unlawful for any person to operate an autho rized emergency vehicle with flashing lights other than as autho rized by subsection (c) or by Section 3 of an Act approved April 6, 1972 (Ga. Laws 1972, p. 1092, Ga. Code Ann. Section 68-1604), as now or as hereafter amended, allowing the Department of Public Safety to issue permits for the use of flashing or revolving amber lights.

ARTICLE II
TRAFFIC SIGNS, SIGNALS AND MARKINGS
68A-201. Obedience to and required traffic-control devices.
(a) The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with the provisions of this Title, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Title.
(b) No provisions of this Title for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordi narily observant person. Whenever a particular Section does not state official traffic-control devices are required, such Section shall be effective even though no devices are erected or in place.
(c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this Title, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
(d) Any official traffic-control device placed pursuant to the provisions of this Title and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this Title, unless the contrary shall be established by competent evidence.
68A-202. Meaning of signal indications.
The following meanings shall be given to highway traffic signal indications, except those on pedestrian signals:

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(a) Green indications shall have the following meanings:

(1) Traffic, except pedestrians, facing a CIRCULAR GREEN may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, in cluding vehicles turning right or left, shall yield the right-of-way to other vehicles, and to pedestrians lawfully within the intersec tion or an adjacent crosswalk, at the time such signal is exhibited.

(2) Traffic, except pedestrians, facing a GREEN ARROW, shown alone or in combination with another indication, may cau tiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(3) Unless otherwise directed by a pedestrian signal, pedes trians facing any green indication, except when the sole green indication is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
(b) Steady yellow indications shall have the following mean ings:
(1) Traffic, except pedestrians, facing a steady CIRCULAR YELLOW or YELLOW ARROW signal is thereby warned that the related green movement is being terminated, or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.

(2) Pedestrians facing a steady CIRCULAR YELLOW or YELLOW ARROW signal, unless otherwise directed by a pedestrian signal, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
(c) Steady red indications shall have the following meanings:
(1) Traffic, except pedestrians, facing a steady CIRCULAR RED signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the inter section, or if none, then before entering the intersection and shall re main standing until an indication to proceed is shown except as provided in subsection 2 below.
(2) When a sign is in place permitting a turn, traffic, except pedestrians, facing a steady CIRCULAR RED signal may cautiously enter the intersection to make the turn indicated by such sigh after stopping as provided in subsection 1 above. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the inter section.

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2433

(3) Unless otherwise directed by a pedestrian signal, pedes trians facing a steady CIRCULAR RED signal alone shall not enter the roadway.
(4) Traffic, except pedestrians, facing a steady RED ARROW indicated may not enter the intersection to make the movement indicated by such arrow, and unless entering the intersection to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the inter section, or if none, then before entering the intersection and shall remain standing until an indication to make the movement indicated by such arrow is shown.

(5) Unless otherwise directed by a pedestrian signal, pedes trians facing a steady RED ARROW signal indication shall not enter the roadway.
(d) In the event an official traffic-control device signal is erected and maintained at a place other than an intersection, the provisions of this Section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement in dicating where the stop shall be made, but in the absence of any such sign or marking, the stop shall be made at the signal.
68A-203. Pedestrian-control signals.
Whenever special pedestrian-control signals exhibiting the words WALK or DON'T WALK are in place, such signals shall indi cate as follows:
(a) Plashing or steady WALK.--Pedestrians facing such signal may proceed across the roadway in the direction of the signal. Every driver of a vehicle shall yield the right-of-way to such pedestrians.
(b) Flashing or steady DON'T WALK.--No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the WALK signal shall proceed to a sidewalk or safety island while the DON'T WALK signal is showing.
68A-204. Flashing signals.
(a) Flashing signal indications shall have the following mean ings:
(1) Flashing red (stop signal)--When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a

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clearly marked stop line, but if none, before entering the crosswalk
on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.

(2) Plashing yellow (caution signal)--When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.

68A-204.1. Lane-direction control signals.

When lane-direction-control signals are placed over the in dividual lanes of a street or road, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown.

68A-205. Display of unauthorized signs, signals or markings.

(a) No person shall place, maintain, or display upon or in view of any highway any signs, signal, marking or device which purports to be or is an imitation of or resembles an official trafficcontrol device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or inter feres with the effectiveness of an official traffic-control device or any railroad sign or signal.

(b) No person shall maintain or place nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.

(c) This Section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.

(d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdic tion over the highway is hereby empowered to remove the same or cause it to be removed without notice.

68A-206. Interference with official traffic control devices or railroad signs or signals.

(a) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscrip tion, shield or insignia thereon, or any other part thereof.

'

(b) No person shall, without lawful authority, drive around,

through or ignore any official traffic-control device so as to go

TUESDAY, FEBRUARY 26, 1974

2435

onto an officially closed highway or road or onto a section of highway or road before it has been officially opened to the public. This Section shall not apply to police officers in the performance of their duties; to individuals domiciled or making their livelihood within the affected area; to any person authorized to be in the affected area by the appropriate municipal, county, or state officer.

ARTICLE III

DRIVING ON RIGHT SIDE OF ROADWAY--OVERTAKING AND PASSING--USE OF ROADWAY

68A-301. Drive on right side of roadway--exceptions.

(a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such a distance as to constitute an immediate hazard;
(3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or
(4) Upon a roadway restricted to one-way traffic.
(b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the con ditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
(c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (a) (2) hereof. However, this subsection "shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway.
(d) No two vehicles shall impede the normal flow of traffic by traveling side by side at the same time while in adjacent lanes: Provided, that this Section shall not be construed to prevent vehicles traveling side by side in adjacent lanes because of congested traffic conditions.

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68A-302. Passing vehicles proceeding in opposite directions.

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the roadway or as nearly as possible.

68A-303. Overtaking a vehicle on the left.

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:

(a) The driver of a vehicle overtaking another vehicle proceed ing in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(b) Except when overtaking and passing on the right is per mitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

68A-304. When overtaking on the right is permitted.

(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

(1) When the vehicle overtaken is making or about to make a left turn;

(2) Upon a street or highway with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction being traveled by the overtaking vehicle.

(b) If otherwise authorized the driver of a vehicle may over take and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.

68A-305. Limitations on overtaking on the left.
No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without inter fering with the operation of any vehicle approaching from the ' opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves

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2437

the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approach ing vehicle.

68A-306. Further limitations on driving on left of center of roadway.
(a) No vehicle shall be driven on the left side of a roadway designed and authorized for traffic traveling in opposite directions under the following conditions:
(1) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
(2) When approaching within 100 feet of or traversing any intersection or railroad grade crossing;
(3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.
(b) The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in Section 68A-301(a) (2) of this Title nor to the driver of a vehicle turning left into or from an alley, private road, driveway or roadway.

68A-307. No-passing zones.
(a) The Department of Transportation of Georgia and local authorities are hereby authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving to the left side of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof. Such no-passing zones shall be clearly marked by a solid barrier line placed on the right-hand element of a combination stripe along the center or lane line.
(b) Where signs or markings are in place to define a nopassing zone as set forth in subsection (a) no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length.
(c) This Section does not apply under the conditions described in Section 68A-301(a) (2) of this Title, nor to the driver of a vehicle turning left into or from an alley, private road or driveway.

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68A-308. One-way roadways and rotary traffic islands.

(a) The Department of Transportation of Georgia and local authorities with respect to highways under their respective jurisdic tions may designate any highway, roadway, part of a roadway or specific lanes upon which vehicular traffic shall proceed in one direction at all or such times as shall be indicated by official traffic control devices.

(b) Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices.

(c) A vehicle passing around a rotary traffic island shall be driven only to the right of such island.

68A-309. Driving on roadways laned for traffic.
Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply:
(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(b) Upon a roadway which is divided into three lanes, and provides for two-way movement of traffic, with two lanes in one direction, a vehicle being driven in a continuous or center lane shall have the right-of-way when overtaking and passing another vehicle traveling in the same direction.
(c) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic control devices or road striping.
(d) Official traffic control devices may be erected directing specified traffic, including but not limited to buses or trucks, to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device.
(e) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.

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68A-310. Following too closely.

(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

(b) The driver of any motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from over taking and passing any like vehicle or other vehicle.

(c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow suf ficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral proces sions, parades or other groups of vehicles if such groups of vehicles are under the supervision and control of a law enforcement agency.

(d) Vehicles which approach from the rear, other vehicle or vehicles stopped or slowed to make a lawful turn, shall be deemed to be following for purposes of this section.

68A-311. Driving on divided highways.

Every vehicle driven on a divided highway shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing space or at a crossover or intersection as estab lished, unless specifically prohibited by an official sign, signal, or control device.

68A-312. Restricted access.
No person shall drive a vehicle onto or from any controlledaccess roadway except at such entrances and exits as are estab lished by public authority.

68A-313. Restrictions on use of controlled-access highway.
(a) The Department of Transportation of Georgia by order and local authorities by ordinance may regulate or prohibit the use of any controlled-access roadway within their respective jurisdictions by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic.

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(b) Said Department or the local authority adopting any such prohibition shall erect and maintain official traffic control devices on the controlled-access highway on which such prohibitions are applicable and when in place no person shall disobey the restrictions stated on such devices.

(c) For purposes of this Section, roadways within the jurisdic tion of the Department of Transportation of Georgia and roadways within the jurisdiction of local authorities shall be as set forth in Chapter 95A-2 of the Act known as the 'Georgia Code of Public
Transportation.'

ARTICLE IV
RIGHT-OF-WAY
68A-401. Vehicle approaching or entering intersection.
(a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right, provided that when a vehicle approaches or enters an intersection with no stop signs or other traffic control devices from a highway that terminates at the intersection, the driver of said vehicle shall yield the right-of-way to the other vehicle, whether the latter vehicle be on his right or left.
(b) The right-of-way rule declared in paragraph (a) is modi fied at through highways and otherwise as stated in this Title.
68A-402. Vehicle turning left.
The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
68A-403. Stop signs and yield signs.
(a) Preferential right-of-way may be indicated by stop signs or yield signs as authorized in Georgia Code Section 95A-901(a), as now or hereinafter amended.
(b) Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to

TUESDAY, FEBRUARY 26, 1974

2441

constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.

(c) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the inter section or junction of roadways. Provided, however, that if such a driver is involved in a collision with a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right-of-way.

68A-404. Vehicle entering roadway.

The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.

68A-405. Operation of vehicles on approach of authorized emergency vehicles.

(a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of Section 116(d) of an Act approved January 11, 1954 (Ga. Laws 1953, Nov. Sess., pp. 556, 612) and visual signals meeting the requirements of Section 68A-107 of this Act or of a vehicle belonging to a federal, state or local law enforcement agency, properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

(b) This Section shall not operate to relieve the driver of any authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using that highway.

68A-406. Highway construction and maintenance vehicles.
(a) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by official traffic control devices.

(b) The driver of a vehicle shall yield the right-of-way to an authorized vehicle actually engaged in work upon a highway when-

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ever such vehicle displays flashing or revolving amber lights meet ing the requirements of Section 102 of an Act approved January 11, 1954 (Ga. Laws 1953, Nov. Sess., pp. 556, 602), as now or as
hereafter amended, and has a permit to use such amber lights as required by Section 3 of an Act approved April 6, 1972 (Ga. Laws 1972, p. 1002), as now or as hereafter amended.

ARTICLE V
PEDESTRIANS' RIGHTS AND DUTIES
68A-501. Pedestrian obedience to traffic control devices and traffic regulations.
(a) A pedestrian shall obey the instructions of any official traffic control device specifically applicable to him, unless otherwise directed by a police officer.
(b) Pedestrians shall be subject to traffic and pedestrian con trol signals as provided in Section 68A-202 and 68A-203 of this Title.
(c) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this Title.
68A-502. Pedestrians' right-of-way in crosswalks.
(a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.
(c) Subsection (a) shall not apply under the conditions stated in Section 68A-503(b) of this Title.
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedes trian to cross the roadway, the driver of any other vehicle approach ing from the rear shall not overtake and pass such stopped vehicle.
68A-503. Crossing at other than crosswalks.
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon

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the roadway, unless he has already, and under safe conditions, entered the roadway.

(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway if he uses the roadway instead of such tunnel or crossing.

(c) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross only in ac cordance with the official traffic control devices pertaining to such crossing movements.

68A-504. Drivers to exercise due care.

s

Notwithstanding other provisions of this Title, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.

68A-B04.1. Blind pedestrian right-of-way.
The driver of every vehicle shall yield the right-of-way to any blind pedestrian who is carrying a walking cane or stick white in color or white tipped with red or who is accompanied by a guide dog.

68A-505. Pedestrians to use right half of crosswalks.
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

68A-505.1. Pedestrians under the influence.
A person who is under the influence of intoxicating liquor or any drug to a degree which renders himself a hazard shall not walk or be upon any roadway.

68A-506. Pedestrians on highways.
(a) Where a sidewalk is provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

(b) Where a sidewalk is not provided but a shoulder is available, any pedestrian walking along and upon a highway shall walk only on the shoulder, as far as practicable from the edge of the roadway.

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(c) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a twolane roadway, shall walk only on the left side of the roadway.

(d) Except as otherwise provided in this Title, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.

(e) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given.

(f) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.
68A-507. Pedestrians soliciting rides or business.
(a) No person shall stand in a roadway for the purpose of soliciting a ride.
(b) No person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle.
(c) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or high way.
68A-508. Driving through safety zone prohibited.
No vehicle shall at any time be driven through or within a safety zone.

68A-509. Pedestrians' right-of-way on sidewalks.
The driver of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk.
68A-510. Pedestrians yield to authorized emergency vehicles.

(a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of Section 116(d) of an Act approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., pp. 556, 612), as now or as hereafter amended, and visual and audible signals meeting the requirements of 68A-106 of this Act, every pedestrian shall yield the right-of-way to the authorized emergency vehicle.
(b) This Section shall not operate to relieve the driver of an

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authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor from the duty to exercise due care to avoid colliding with any pedestrian.

ARTICLE VI
TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING

68A-601. Required position and methods of turning at inter sections.
The driver of a vehicle intending to turn at an intersection shall do so as follows:
(a) Right turn. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(b) Left turn. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as such' vehicle on the roadway being entered.
(c) The Department of Transportation of Georgia and local authorities in their respective jurisdictions may cause official traffic control devices to be placed within or adjacent to intersections or other locations and thereby require and direct that a different course from that specified in this Section be traveled by turning vehicles, and when such devices are so placed, no driver of a vehicle shall turn a vehicle other than as directed and required by such devices.
68A-602. Turning on curve or crest of grade prohibited.
No vehicle shall be turned so as to proceed in the opposite direction:
(a) upon any curve,
(b) upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of another vehicle approach ing from either direction, or
(c) where such turn cannot be made in safety and without interfering with other traffic.

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68A-603. Starting parked vehicle.

No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reason able safety.

68A-604. Turning movements and required signals.
(a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 68A-601 of this Title, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or change lanes or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate and timely signal in the manner hereinafter provided.
(b) A signal of intention to turn right or left or change lanes when required shall be given continuously for a time sufficient to alert the driver of a vehicle proceeding from the rear in the same direction or a driver of a vehicle approaching from the opposite direction.
(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is an opportunity to give such signal.
(d) The signals provided for in Section 68A-605 (b) of this Title shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle, or flashed as a courtesy or 'do pass' signal to operators of other vehicles approaching from the rear.
68A-605. Signals by hand and arm or signal lamps.
(a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (b) of this Section.
(b) Any motor vehicle in use on a highway shall be equipped with, and a required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limits of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles. r
68A-606. Method of giving hand and arm signals.
All signals herein required given by hand and arm shall be

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given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

(a) Left turn.--Hand and arm extended horizontally.

(b) Right turn.--Hand and arm extended upward.

(c) Stop or decrease speed.--Hand and arm extended downward.

ARTICLE VII
SPECIAL STOPS REQUIRED
68A-701. Obedience to signal indicating approach of train.
(a) Whenever any person driving a vehicle approaches a railroad grade crossing, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad, and shall not proceed until he can do so safely, when:
(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train;
(2) A crossing gate is lowered, or when a human flagman gives or continues to give a signal of the approach of the passage of a train;
(3) An approaching train is plainly visible and is in hazardous proximity to such crossing.
(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
68A-702. All vehicles must stop at certain railroad grade crossings.
The Department of Transportation of Georgia and local au thorities with the approval of said Department are hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected, the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall - proceed only upon exercising due care.
68A-703. Certain vehicles must stop at all railroad crossings.
(a) The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or

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tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so, the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks.

(b) No stop need be made at any such crossing where a police officer or a traffic control signal directs traffic to proceed.

68A-704. Moving heavy equipment at railroad grade crossings.
(a) No person shall operate or move a crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this Section.
(b) Notice of any such intended crossing shall be given to a station agency of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing.
(c) Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped, shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
(d) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.

68A-705. Emerging from alley, driveway or building.
The driver of a vehicle emerging from an alley, building, private road or driveway within a--business or residence district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon.

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68A-706. Overtaking and passing school bus.

(a) The driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching such school bus when there is in operation on said school bus the visual signals as specified in subsections (b) and (c) of this Section and said driver shall not proceed until such school bus resumes motion, or the visual signals are no longer actuated.

(b) Every school bus as defined in Section 68A-101(46) (a) of this Title shall be painted yellow and identified and equipped as provided in Section 89 of an Act approved January 11, 1954, entitled 'Uniform Act Regulating Traffic on Highways,' (Ga. Laws 1953, Nov.-Dec. Session, pp. 556, 596), as amended, and particularly as amended by an Act approved March 21, 1970 (Ga. Laws 1970, p. 586) (Ga. Code Ann., Section 68-1667, as now or hereinafter amended.) These identification and equipment standards shall apply to all such school buses regardless of size or capacity. A school bus driver shall actuate the visual signals required by subsections (b) and (c) whenever, but only whenever, the school bus is stopped on the highway for the purpose of receiving or discharging school children. A school bus driver shall not actuate said visual signals:

(1) At intersections or other places where traffic is controlled by traffic control signals or police officers; or

(2) In designated school bus loading areas where the bus is entirely off the roadway.

(c) This Section shall not prohibit the use of a school bus as defined in Section 68A-101(46) (b) for special school route service provided it shall meet the following identification and equip ment requirements:

(1) Such a vehicle need not be painted yellow or black;

(2) Such buses shall be equipped with four hooded or recessed red flasher lamps, or four red flasher lamps and four amber flasher lamps mounted on the same horizontal centerline as the red lamps and nearer the centerline. Such amber lamps shall be at least two and a half (2-1/2) times brighter than the red lamps. The system
shall be wired so that the amber signal lamps are activated only by manual or foot operation and if activated are automatically de activated and the red signal lamps activated when the bus entrance door is opened. The color in all lighting equipment covered in this Title shall be in accordance with Society of Automotive Engineers (SAE) Standard J578a, April, 1965.

(3) While transporting children to or from school it shall be equipped with temporary signs, located conspicuously on the front and back of such vehicle.
A. The sign on the front shall have the words 'SCHOOL BUS'

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printed in black letters not less than six inches high, on a back ground of National School Bus Glossy Yellow.

B. The sign on the rear shall be at least ten square feet in size and shall be painted National School Bus Glossy Yellow, and have the words 'SCHOOL BUS' printed in black letters not less than eight inches high.

(d) It shall be unlawful to operate:

(1) Any school bus which is transporting children unless the headlamps on such school bus are illuminated;

(2) Any vehicle displaying the words, 'SCHOOL BUS', unless it meets the color, identification and equipment requirements set forth in Section 68A-706(b) or (c) of this Title;

(3) A vehicle without the words 'SCHOOL BUS' but neverthe less which is of a color and exhibits some equipment or identification which reasonably could cause a motorist to confuse it with a proper ly colored, identified, and equipped school bus as defined in Section 68A-706(b);

(4) Any school bus for purposes other than the transportation of school children to or from school or school activities without concealing or covering all markings thereon indicating 'SCHOOL BUS';

(5) A vehicle which has been permanently converted from the purpose of transporting students to or from school or school ac tivities without first having painted such vehicle some color other than yellow required in Section 68A-706(b) of this Title, and with out having removed the stop arms, if any, and any equipment required by Section 68A-706(b) of this Title;

(6) A school bus transporting school children to and from school at a speed greater than 40 miles per hour.

(e) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled-access highway and the school bus is stopped in a loading zone which
is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.

(f) Notwithstanding any of the provisions of this Section or any other provisions of this Title to the contrary, local transit systems, until January 1, 1977, and private schools may own and
operate buses for the transportation of students to and from schools or school activities in buses which do not have the special equipment, color or marking set forth in this Section. In the event
any local transit system, prior to January 1, 1977, or any private school operates buses pursuant to this subsection without the special

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equipment, color or marking, drivers of vehicles shall not be re quired to stop for the loading or unloading of school children.

(g) Notwithstanding any other provision of this Title to the contrary, private schools or local transit systems may operate school buses meeting the equipment, color and marking requirements of subsection (b) or (c) of Section 68A-706, and drivers of vehicles shall be required to stop as set forth in Section 68A-706(a). For purposes of this subsection, only private schools are authorized to comply with the provisions of Section 68A-706(b) and only local transit systems are authorized to comply with Section 68A-706(c).

ARTICLE VIII

SPEED RESTRICTIONS (RESERVED)

ARTICLE IX

SERIOUS TRAFFIC OFFENSES

68A-901. Reckless driving.

(a) Any person who drives any vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.

(b) Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five days nor more than 90 days, or by a fine of not less than $25 nor more than $500, or by both such fine and imprisonment, and on a second or subsequent conviction within three years shall be punished by imprisonment for not less than 10 days nor more than six months, or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment, provided, that no provision of this Section shall be construed so as to deprive the court imposing the sentence of the power given by law to stay or suspend the execution of such sentence or to place the defendant on proba tion.

68A-902. Drivers with ability impaired by alcohol or drugs.

(a) A person shall not drive or be in actual physical control of any moving vehicle while:

(1) Under the influence of alcohol;

(2) Under the influence of any drug to a degree which renders him incapable of safely driving; or

(3) Under the combined influence of alcohol and any drug to a degree which renders him incapable of safely driving.

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(b) The fact that any person charged with violating this Sec tion is or has been legally entitled to use a drug shall not con stitute a defense against any charge of violating this Section.

(c) Every person convicted of violating this Section shall be punished by imprisonment for not less than 10 days nor more than one year, or by fine of not less than $100 nor more than $1,000, or by both such fine and imprisonment. On a second or subsequent conviction within three years, he shall be punished by imprisonment for not less than 90 days nor more than one year, and, in the discretion of the court, a fine of not more than $1,000. The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating by a single transaction more than one of the four provisions of subsection (a). Provided that no provision of this Section shall be construed so as to deprive the court imposing the sentence of the power given by law to the court to stay or suspend the execution of such sentence or to place the defendant on probation.

68A-902.1. Chemical tests.
(a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath or other bodily substance, shall be admissible. Where such a chemical test is made, the following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily substance to be considered valid under the provisions of this Section shall have been performed according to methods approved by the State Crime Laboratory and by an individual possessing a valid permit issued by the State Crime Laboratory for this purpose. The State Crime Laboratory is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the State Crime Laboratory.
(2) When a person shall submit to a blood test at the request of a law enforcement officer under the provisions of Section 2 of an Act approved March 27, 1968 (Ga. Laws 1968, pp. 448, 452, Ga. Code Ann., Section 68-1625.1), as now or as hereafter amended, only a physician or registered nurse (or other qualified person) may withdraw blood for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath or urine specimens.
(3) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The

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justifiable failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

(4) Upon the request of the person who shall submit to a chem ical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. The arresting officer at the time of arrest shall advise the person arrested of his rights to a chemical test or tests according to this Section. Failure to advise the person of the right to a chemical test or tests, if such tests are available, shall result in the charge of 'driving or being in actual physical control of a vehicle while under the influence of alcohol or drugs' being dis missed.

(5) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood.

(b) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a moving vehicle while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's blood, urine, breath or other bodily substance shall give rise to the following presumptions:

(1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of the alcohol.

(2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

(3) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of alcohol.

68A-903. Homicide by vehicle.

(a) Whoever shall, without malice aforethought, cause the death of another person through the violation of Section 901 of this Title, 'Reckless Driving,' shall be guilty of homicide by vehicle in the first degree. A person convicted under this subsection shall be punished by imprisonment for not less than one year nor more than five years.
(b) Whoever shall cause the death of another person, without an intention to do so, by violating any Section of this Title other than Section 901 or Section 904(c) shall be guilty of homicide by vehicle in the second degree when such violation is the cause of

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said death. A person convicted under this subsection shall be punished as for a misdemeanor.

68A-904. Fleeing or attempting to elude a police officer.
(a) Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle, when given a visual or an audible signal to bring the vehicle to a stop, shall be guilty of a misdemean or. The signal given by the police officer may be by hand, voice, emergency light or siren. The officer giving such signal shall be in uniform prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle.
(b) Every person convicted of fleeing or attempting to elude a police officer shall be punished by imprisonment for not less than 30 days nor more than six months or by a fine of not less than $100 nor more than $500, or by both such fine and imprisonment.
(c) It shall be unlawful for a person: (1) to impersonate a sheriff, deputy sheriff, state trooper, agent of the State Division of Investigation, agent of the Federal Bureau of Investigation, police officer or any other authorized law enforcement officer by using a motor vehicle or motorcycle designed, equipped, or marked so as to resemble a motor vehicle or motorcycle belonging to any federal, state or local law enforcement agency; or (2) to otherwise im personate any such law enforcement officer in order to direct, stop, or otherwise control traffic.

ARTICLE X
STOPPING, STANDING, AND PARKING
68A-1001. Stopping, standing or parking outside of business or residence districts.
(a) Outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unat tended, upon the roadway when it is practicable to stop, park or so leave such vehicle off the roadway, but in every event an un obstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway.
(b) This Section and Sections 68A-1003 and 68A-1004 shall not apply to the driver of any vehicle which is disabled while on the roadway in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.

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68A-1002. Officers authorized to remove vehicles.

(a) Whenever any police officer finds a vehicle in violation of any of the provisions of 68A-1001, such officer is hereby autho rized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the road way.

(b) Any police officer is hereby authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, causeway, or in any tunnel.

(c) Any police officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:

(1) Report has been made that such vehicle has been stolen or taken without the consent of its owner, or

(2) The person or persons in charge of such vehicle are unable to provide for its custody or removal, or

(3) When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay, or

(4) When any such vehicle has been left unattended for 24 hours or more.

68A-1003. Stopping, standing or parking prohibited in specified places.
(a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:

(1) Stop, stand or park a vehicle:
A. On the roadway side of any vehicle stopped or parked at the edge of a curb of a street;
B. On a sidewalk;
C. Within an intersection;
D. On a crosswalk;
E. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;

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F. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

G. Upon any bridge or other elevated structure upon a high way or within a highway tunnel;

H. On any railroad tracks;

I. On any controlled-access highway;

J. In the area between roadways of a divided highway, including crossovers;

K. At any place where official signs prohibit stopping.

(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

A. In front of a public or private driveway;

B. Within 15 feet of a fire hydrant;

C. Within 20 feet of a crosswalk at an intersection;

D. Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway.

E. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly signposted);

F. At any place where official signs prohibit standing.

(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unload ing property or passengers:

A. Within 50 feet of the nearest rail of a railroad crossing;

B. At any place where official signs prohibit parking.

(b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from curb such a dis tance as is unlawful.

68A-1004. Additional parking regulations.

(a) Except as otherwise provided in this Section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches

TUESDAY, FEBRUARY 26, 1974

2457

of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.

(b) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or as close as prac ticable to the left edge of the left-hand shoulder.

(c) Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or State highway unless the Department of Tran sportation of Georgia has determined that the roadway is of suf ficient width to permit angle parking without interfering with the free movement of traffic.

(d) Said Department with respect to highways under its jurisdiction, may place signs prohibiting, restricting or limiting the stopping, standing or parking of vehicles on any highway where in its opinion, as evidenced by resolution or order entered in its minutes, such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such signs shall be official signs and no person shall stop, stand, or park any vehicle in violation of the restrictions on such signs.
68A-1005. Obstructing an intersection.
No driver shall enter an intersection unless there is sufficient space on the other side of the intersection to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.

ARTICLE XI
MISCELLANEOUS RULES
68A-1101. Unattended motor vehicle.
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, effectively setting the brake thereon and, when stand ing upon any grade, turning the front wheels to the curb or side of the highway.
68-1102. Limitations on backing.

(a) The driver of a vehicle shall not back the same unless

2458

JOURNAL OF THE SENATE,



such movement can be made with safety and without interfering with other traffic.

(b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway.

68A-1103. Driving upon sidewalk.

No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway.

68A-1104. Obstruction to driver's view or driving mechanism.

(a) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
(b) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.

68A-1105. Opening and closing vehicle doors.

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

68A-1106. Riding in house trailers.
No person or persons shall occupy a house trailer while it is being moved upon a public highway.

68A-1107. Driving on mountain highways.
The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold such motor vehicle under control and as near the right-hand edge of the highway as reason ably possible, and except when driving entirely to the right of the center of the roadway, shall give audible warning with the horn of such motor vehicle upon approaching any curve where the view is obstructed within a distance of 200 feet along the highway.

68A-1108. Coasting prohibited.

(a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of such vehicle in neutral.

TUESDAY, FEBRUARY 26, 1974

2459

(b) The driver of a truck or bus when traveling upon a down grade shall not coast with the clutch disengaged.

68A-1109. Following emergency vehicles prohibited.
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm or other emergency vehicle closer than 500 feet or drive into or park such vehicle within 500 feet or any fire apparatus stopped in answer to a fire alarm.

68A-1110. Crossing fire hose.
No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private road or driveway to be used at any fire or alarm of fire, without consent of the fire department official in command.

68A-1111. Putting glass, etc., on highway prohibited.
A person littering a highway in violation of the Litter Control Law, an Act approved March 20, 1970 (Ga. Laws 1970, p. 494; Ga. Code Ann., Section 85-1604(c), 9901), as now or as hereafter amended, shall be punished as provided in that law.

ARTICLE XII
OPERATION OF BICYCLES AND PLAY VEHICLES
68A-1201. Effect of regulations.
(a) It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this Article.
(b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this Article.
(c) These regulations applicable to bicycles shall apply when ever a bicycle is operated upon a highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.
68A-1202. Traffic laws apply to persons riding bicycles.
Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Title, except as to special regula tions in this article and except as to those provisions of this Title when by their nature can have no application.

2460

JOURNAL OP THE SENATE,

68A-1203. Riding on bicycles.

(a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto, and will allow no person to ride upon the handlebars.

(b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

68A-1204. Clinging to vehicles. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

68A-1205. Riding on roadways and bicycle paths, (a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

(b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roads set aside for the exclusive use of bicycles.
(c) Wherever a usable path or sidewalk designated for use of bicycle riders adjacent to a roadway has been provided, bicycle riders shall use such path or sidewalk and shall not use the road way.
68A-1206. Carrying articles. No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars.

68A-1207. Lamps and other equipment on bicycles, (a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of 300 feet to the front and with a red reflector on the rear of a type approved by the Department which shall be visible from a distance of 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light may be used in addition to the red reflector, which is visible from a distance of 300 feet to the rear.

(b) Every bicycle sold or operated shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level pavement.

(c) No bicycle shall be equipped or operated while equipped with a set of handle bars so raised that the operator must elevate his hands above his shoulders in order to grasp the normal steering grip area.

(d) No bicycle shall be equipped, modified, or altered in such a way as to cause the pedal in its lowermost position to be more

TUESDAY, FEBRUARY 26, 1974

2461

than 12 inches above the ground, nor shall any bicycle be operated if so equipped.

68-1208. Reflectors on pedals, (a) It shall be unlawful for any person to sell a new bicycle or a pedal for use on a bicycle unless the pedals on such bicycle or such pedals are equipped with a reflector of a type approved by the Department of Public Safety. The reflector on each pedal shall be so designed and situated so as to be visible from the front and rear of the bicycle during darkness from a distance of 200 feet. The Commissioner of Public Safety is hereby authorized to promulgate rules and regulations and establish standards for such reflectors.

(b) The provisions of this Section shall not apply to any bicycle purchased by a retailer for the purpose of resale prior to July 1, 1972.

68A-1209. Promulgation of Rules and Regulations. The Com missioner of Public Safety is authorized to promulgate rules and regulations to carry this article into effect, and is authorized to establish regulations for any additional safety equipment or stan dards he shall require for bicycles.

ARTICLE XIII

SPECIAL RULES FOR MOTORCYCLES

68A-1301. Traffic laws apply to persons operating motorcycles. Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this Title, except as to special regulations in this article and except as to those provisions of this Title which by their nature can have no application.

68A-1302. Riding on motorcycles, (a) A person operating a motorcycle shall ride only upon the permanent and regular seat at tached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motor cycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motor cycle at the rear or side of the operator.

(b) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on either side of the motorcycle.

(c) No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents him from keeping both hands on the handlebars.

(d) No operator shall carry any person, nor shall any person

2462

JOURNAL OF THE SENATE,

ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.

(e) No person shall operate or ride upon a motorcycle unless he shall wear some type of footwear in addition to or other than socks.
68A-1303. Operating motorcycles on roadways laned for traffic, (a) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motor cycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.

(b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

(c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

(d) Motorcycles shall not be operated more than two abreast in a single lane.
(e) A person operating a motorcycle at all times shall keep his head lamps and tail lights illuminated.
(f) Subsections (b) and (c) shall not apply to police officers in the performance of their official duties.

68A-1304. Clinging to other vehicles. No person riding upon a motorcycle shall attach himself or the motorcycle to any other vehicle on a roadway.
68A-1305. Pootrests and handlebars, (a) Any motorcycle car rying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger.
(b) No person shall operate any motorcycle with handlebars more than 15 inches in height above that portion of the seat occu pied by the operator, or with a backrest more commonly known as a sissy bar that is designed in such a way as to create a sharp point at its apex.
68A-1306. Equipment for motorcycle riders, (a) No person shall operate or ride upon a motorcycle unless he is wearing protective headgear which complies with standards established by the Commis sioner of Public Safety.
(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he is wearing an eye-protective device of a type approved by the Commissioner of Public Safety.

TUESDAY, FEBRUARY 26, 1974

2463

(c) This Section shall not apply to persons riding within an enclosed cab or motorized cart.

(d) The Commissioner of Public Safety is hereby authorized to approve or disapprove protective headgear and eye-protective devices required herein, and to issue and enforce regulations estab lishing standards and specifications for the approval thereof. The Commissioner shall publish lists of all protective headgear and eyeprotective devices by name and type which have been approved by him. The Commissioner is authorized to promulgate rules and regula tions to carry this article into effect, and is authorized to establish regulations for safety equipment or standards for the operation of motorcycles.

ARTICLE XIV

MOTORIZED CARTS
68A-1401. Definition, (a) Motorized Cart--Every motor ve hicle having no less than three wheels, an unladen weight of 1,300 pounds, which cannot operate at more than 20 miles per hour, and which is designed to carry no more than two persons, including the driver.
(b) Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the Commissioner of Public Safety.
68A-1402. Authority to operate on streets, (a) A local govern ing authority may, by ordinance, designate certain public streets or portions thereof for the combined use of motorized carts and regular vehicular traffic, and the conditions under which motorized carts may be operated upon such streets or portions thereof.
(b) Such ordinances may establish operating standards, but shall not require motorized carts to meet any requirements of general law as to registration, inspection, or licensing.
(c) Such motorized carts may cross streets and highways under the jurisdiction of the Department of Transportation only at cross ings or intersections designated for that purpose by the Department.
(d) The ordinances shall not be effective unless appropriate signs giving notice are posted along the public streets affected.

ARTICLE XV

APPLICATION AND EFFECT OF THIS TITLE
68A-1501. Provisions uniform throughout State. The provisions of this Title shall be applicable and uniform throughout this State and in all counties and municipalities therein, and no local authority,

2464

JOURNAL OF THE SENATE,

as defined in Section 68A-101(21), shall enact or enforce any ordi nance on a matter covered by the provisions of this Title except as expressly authorized in Sections 68A-1502 and 1503.

68A-1502. Powers of local authorities, (a) The provisions of this Title shall not be deemed to prevent local authorities with re spect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:

(1) Regulating or prohibiting stopping, standing, or parking;

(2) Regulating traffic by means of police officers or official traffic-control devices;

(3) Regulating or prohibiting processions or assemblages on the highways;

(4) Designating particular highways or roadways for use by traffic moving in one direction as authorized in Section 68A-308;

(5) Establishing speed limits for vehicles in public parks not withstanding any provisions of law establishing a minimum speed limit for an area outside an urban or residence district;

(6) Designating any highway as a through highway or desig nating any intersection or junction of roadways as a stop or yield intersection or junction;

(7) Requiring the registration and inspection of bicycles, in cluding the requirement of a registration fee;

(8) Designating any highway intersection as a 'Yield Right-ofWay' intersection, and requiring vehicles facing a 'Yield Right-ofWay' sign to yield the right-of-way to other vehicles;

(9) Regulating or prohibiting the turning of vehicles or speci fied types of vehicles;

(10) Altering or establishing speed limits as authorized by law;

(11) Designating no-passing zones as authorized in Section 68A-307;

(12) Prohibiting or regulating the use of controlled-access road ways by any class or kind of traffic as authorized in Section 68A313;

(13) Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic;

TUESDAY, FEBRUARY 26, 1974

2465

(14) Establishing minimum speed limits as authorized by law;

(15) Designating hazardous railroad grade crossing as autho rized in Section 68A-702;

(16) Designating and regulating traffic on play streets;

(17) Regulating persons propelling push carts;

(18) Regulating persons upon skates, coasters, sleds and other toy vehicles;

(19) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions;

(20) Adopting such other traffic regulations as are specifically authorized by this Act.

(b) No local authority shall erect or maintain any official traffic-control device at any location so as to require the traffic on any State highway to stop before entering or crossing any inter secting highway unless approval in writing has first been obtained from the Department of Transportation of the State of Georgia. If this issue is on trial in a civil or criminal action, the proper au thority shall be presumed.

(c) No ordinance or regulation enacted under subdivisions (4), (5), (6), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), or (18), of paragraph (a) of this section shall be effective until official traffic-control devices giving notice of such local traffic regulations are erected upon or at the entrances to the highway or part thereof affected as may be most appropriate.

68A-1503. Adoption by reference and publication of adoption. Local authorities by ordinance may adopt by reference any or all provisions of this Title without publishing or posting in full the provisions thereof.

68A-1504. Adoption of future changes in Title. A future amend ment or repeal of a provision of this Title shall so amend or repeal the pertinent provision if any, of the original ordinance adopted by a local authority pursuant to the authority of Section 68A-1503 .without any action by such local authority being required.

68A-1505. Form of enacting ordinance. Local authorities shall use the following wording or similar wording in adopting by refer ence the provisions of this Title:

'Municipality or County) of

. _ _.

Ordinance number -_,,.___,,,,.-..-.--. .-.._....,,.,,._..........,,........

2466

JOURNAL OF THE SENATE,

An ordinance adopting the Georgia Rules of the Road, Sections [------.----to.---------- (except for Sections ____________________.,,.)] of Georgia
Code, Title 68A, to regulate traffic upon the public streets of the (Municipality or County) of ________ and repealing ordinance num ber---------- and all other ordinances and sections of ordinances in conflict herewith.

It is ordained by -------------------------- as follows:

Section 1--Adoption by reference

Pursuant to Georgia Code, Title 68A, Sections 68A-1503 through Section 68A-1507, Sections _.__----. to --------(except for Sections ................)] of that Title known as the Uniform Rules of the Road are hereby adopted as and for the traffic regulations of this (Munic ipality or .County) with like effect as if recited herein.

Section 2--Penalties
Unless another penalty is expressly provided by law, every per son convicted of a violation of any provision of this ordinance shall be punished by a fine or not more than --------...dollars or by im prisonment for not more than ______,,-- days or by both such fine and imprisonment.

Section 3--Repeal

The (existing ordinances covering the same matters as embraced in this ordinance) are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed.

Section 5--Effective date

This ordinance shall take effect from and after the .......day of---------------_----------, 19.........'

68A-1506. Citations for violations. It shall be sufficient in citing a violation of a provision of this Title to refer to the ordinance number of the enacting ordinance, provided that the citation form used is the one developed by the Commissioner of the Department of Public Safety under the authorities of Section 1 of an Act ap proved April 6, 1972 (Ga. Laws 1972, p. 1148), as now or as here after amended.

68A-1507. Option to treat as State or local offense; right of defendant to have case treated as State offense. (a) Any offense which is a violation of a provision of this Title and of a local ordi nance may, at the discretion of the local law enforcement officer or prosecutor, be charged as a violation of the State statute or local ordinance.

TUESDAY, FEBRUARY 26, 1974

2467

(b) If the offense charged under an ordinance constitutes a violation of any provision of this Title and the defendant elects to have the charge treated as a State offense, the recorder or city judge after conducting a commitment hearing in which probable cause for arrest is found or upon obtaining a waiver of commitment hear ing, shall summarily fix his bond and bind his case over to the appropriate State tribunal.

(c) No person tried in any court for a violation of this Title or any ordinance adopted pursuant thereto shall thereafter be tried in any court for the same offense. A conviction for the violation of an ordinance adopted pursuant to this Title shall be considered a prior conviction for all purposes under this Title, and under the Act to create the Department of Public Safety for Georgia, approved March 13, 1937, and the several Acts amendatory thereof."

Section 2. 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 3. (a) The following Sections and parts of Sections of the "Uniform Act Regulating Traffic on Highways," approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, and other specified laws, are hereby specifically repealed:

Section repealed, as unofficially codified in Georgia Code Annotated, Title 68_______

Section and Page numbers Georgia Laws 1953, p. 556

1501 1502(1) 1502(2)

1, p. 557 1, p. 557 3. p. 558

1502(3) 1502(4) 1502(5)

4. p. 558 5. p. 559 6. p. 559

1502(6)

7. p. 560

1502(7) 1503(1)

8. p. 560 10. p. 560

1503(2) 1503(3) 1503(4)

11. p. 560 12. p. 561 13. p. 561

Subject Matter of Repealed Section
Scope of Definitions Definitions of vehicles Definitions of Truck
and Bus Definitions of Trailers Definitions of Tires Definitions of Railroads
and Streetcars Definitions of Explosives
and Flammable Liquids Definition of gross weight Definition of governmental
agencies Definitions of Persons Definition of Officer Definition of Local
Authorities

2468

JOURNAL OF THE SENATE,

1504(1)
1504(2) 1504(3) 1504(4) 1504(5)
1504(6)
1504(7) 1504(8)
1601
9926
1602 1603
1604
1605
1612
1613
1614 1615 1616

14. p. 561
15. p. 562 16. p. 562 17. p. 563 18. p. 563
19. p. 563
20. p. 564 21. p. 544
22. p. 564
23. p. 565
24. p. 565 25. p. 565
26. p. 565
27. p. 566
34. p. 570
35. p. 570
36. p. 571 37. p. 572 38. p. 572

1617

39, p. 572

1625

47, p. 575

1625.1 (Except 47A, added

subsections

hbyv Section

(a), (b),

2 of an Act

(c), and (h)) approved

March 27, 1968

(Ga. Laws 1968,

p. 448), except

subsections (a),

(b), (c) and (h)

of said Section

47A.

1633

55, p. 581

1634
F
1635

56. p. 582 57. p. 582

Definition of degrees of roadway
Definition of intersection Definition of crosswalk Definition of safety zone Definition of Business
and residential districts Definition of Traffic
Control devices Definition of Traffic Definition of Yield,
Stop or Park Act refers to vehicles
upon highways Required Obedience to
traffic laws Obedience to officers Public Officers and
Employees to obey Act Authorized Emergency
Vehicle Laws applying to persons
riding or driving animals Obedience to official
traffic-control device Traffic Control Signal
Legend Meaning of Colors Pedestrian Signals Flashing Signals Prohibition of display of
authorized signs Interference with Official
Traffic Control Devices Prohibition on Driving
under the influence Implied consent to
chemical tests
Vehicles to be driven on right side of roadway
Passing vehicles proceeding in opposite directions
Overtaking a vehicle on the left

1636 1637(a) 1637(b)
1638 1639 1640 1641 1642 1643
1643.1
1643.2
1646 1647 1648 1649 1650
1651 1652 1653
1654
1655 1656

TUESDAY, FEBRUARY 26, 1974

2469

58. p. 582
58A, p. 583
59. p. 583
60. p. 584 61. p. 584
62. p. 584
63. p. 585 64. p. 585 65. p. 586
65A, added by Section 4 of an Act
approved April 2, 1963 (Ga. Laws 1963,
p. 254) 65B,added by Section 5 of an Act approved April 2,1963 (Ga. Laws 1963, p.
254) 66, p. 587 69. p. 587
70. p. 588
71. p. 588
72. p. 589
73. p. 590
74. p. 590
75. p. 590
76. p. 590
77. p. 591
78. p. 592

Overtaking on the right is permitted
Limitation on over taking on the left
Limitation on driving to left of center of roadway
No passing zone One-way roadways and
rotary traffic islands Driving on roadways
laned for traffic Following too closely Driving on dividing highways Restrictions on use
of limited-access highways Restrictions on entering or leaving limited-access
highways
Interference with fences, barriers or barricades
Starting parked vehicle Turning movements and
required signals Signals by hand or
signal device Method of giving hand-
and-arm signals Right-of-way,
vehicles approach ing intersection Vehicles turning left at intersection Vehicle entering through highway Vehicle entering highway from private road Operation of vehicles on approach emergency vehicles Pedestrians subject to traffic regulations Pedestrians right-ofway in crosswalk

2470 1657 1658
1659
1660 1661 1662 1663
1664 1665 1666 1667
1668 1669
1670
1671 1672 1673 1674 1675 1676 1677 1678 1679 9927

JOURNAL OF THE SENATE,

79, p. 592 80, p. 593
81, p. 593
82, p. 593 83, p. 593 84, p. 594 85, p. 594
86, p. 595 87, p. 595 88, p. 596 89, p. 596, subsections (a), (c), (d), (e) 90, p. 597 91, p. 597
92, p. 598
93, p. 600 94, p. 600 95, p. 601 96, p. 601 97, p. 601 98, p. 601 99, p. 601 100, p. 602 101, p. 602 47(d), p. 577

Pedestrians crossing at other than crosswalks
Duty toward blind persons carrying cane
Pedestrians to use right half of crosswalks
Pedestrians on roadways
Signals indicating approach of train
Stops required at grade crossings
Certain vehicles re quired to stop at all grade crossings
Moving heavy equipment at grade crossings
Required to stop at through highways
Stop before emerging from alley
Overtaking and passing school bus
Stopping, standing or parking
Authority to remove illegally stopped vehicles
Prohibition of stopping, standing or parking in certain places
Additional parking regulations
Limitations on backing
Riding on motorcycles
Obstruction to driver's view
Driving on mountain highways
Coasting prohibited
Following fire apparatus prohibited
Crossing fire hose prohibited
Putting glass on highway prohibited
Penalty for driving under the influence of alcohol or drugs

TUESDAY, FEBRUARY 26, 1974

2471

(b) Nothing contained within this Act shall be deemed or construed to repeal the following Sections of the "Uniform Act Regulating Traffic on Highways," approved January 11, 1954, as amended:

Section, as unofficially codified in Georgia Code Annotated, Title 68
1606

Section and Page numbers Georgia Laws 1953, p. 556
28. p. 567

1607

29. p. 567

1608

30. p. 568

1609

31. p. 568

1610

32. p. 568

1611

33. p. 569

1618

40. p. 573

1619

41. p. 573

1620

42. p. 573

1621

43. p. 574

1622

44. p. 574

1623

45. p. 574

1624

46. p. 575

1625.1, sub- subsections

sections 47A, (a), (b), (c)

(a), (b), (c) and (h) added by and (h) Section 2 of an Act approved March 27, 1968 (Ga. Laws 1968, pp. 458, 452)

1667

89, p. 569,

(b), (f), (g)

Subject Matter of Section
Provisions of law uniform throughout State
Powers of local authorities
Law not to interfere with rights of owners of real property
Manual of Uniform traffic-control devices
Maintenance of traffic-control devices
Local traffic control devices
Duties of driver involved in accident resulting in death
Duties of driver in accident resulting in property damage
Duty to give information and render aid
Duty upon striking unattended vehicle
Duty upon striking fixtures upon highway
Duty to make immediate reports of accidents
Sheriffs to report upon deaths caused by accidents
Implied consent
Equipment, color and identification standards for school buses

2472

JOURNAL OP THE SENATE,

(c) The following laws are hereby specifically repealed:

Official Citation
An Act approved March 17, 1960

Georgia Laws Year and Page
Ga. Laws 1960, p. 966

An Act approved April 25, 1969
An Act approved March 27, 1972
An Act approved March 27, 1972 An Act approved April 13, 1973

Ga. Laws 1969, p. 732
Ga. Laws 1972, p. 475
Ga. Laws 1972, p. 547
Ga. Laws 1973, p. 452

An Act approved Ga. Laws 1973,

April 13, 1973

p. 471

Subject
Purchase and sale of school buses (Ga. Code Ann. Sections 68-411 and 68-412)
Motorcycles-- Operation & Safety Equipment
Motorcycles-- Riders must wear footwear
Bicycles
Penalty for defacing road signs, entering unopened highways
Bicycle Safety Act

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Reynolds of the 48th offered the following amendment:
Amend the committee substitute to HB 244 by adding in Section 68A-706(f) before the word "private" on line 17 of Page 45, the following:
"churches and" and
by adding in Section 68A-706(f) following the word "from" on line 18 of Page 45, the following:
"churches or church activities or" and
by adding in Section 68A-706(f) after the word "any" on line 22 of Page 45, the following:
"church or" and
by adding in Section 68A-706(g) after the comma following the word "contrary" on line 27 of Page 45, the following:
"churches," and

TUESDAY, FEBRUARY 26, 1974

2473

by adding in Section 68A-706(g) after the word "only" on line 32 of Page 45, the following:

"churches and".

On the adoption of the amendment, the ayes were 31, nays. 0; and the amend ment to the committee substitute was adopted.

Senator Ballard of the 45th offered the following amendment:
Amend the committee substitute to HB 244 by striking lines 16 through 21 of Page 49 and substituting in lieu thereof the following:
"tests according to this Section."

On the adoption of the amendment, the ayes were 32, nays 0, and the amendment to the committee substitute was adopted.

On the adoption of the substitute, the ayes were 33, 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, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th
Brown of 47th
Carter Cleland Dean Doss Eldridge Garrard Hamilton Henderson Herndon Hill Holley

Holloway Howard Hudgins Jackson Johnson Kennedy Langford Lester
McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan
S alter Skene Smalley Smith Starr Summers Sutton Thompson
Tysinger Ward Warren Webb Zipperer

2474

JOURNAL OP THE SENATE,

Voting in the negative was Senator Cox.

Those not voting were Senators:

Ballard Coggin Coverdell Duncan

Fincher Gillis (presiding) Kidd London

Stephens Wasden Young

On the passage of the bill, the ayes were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1437. By Messrs. Buck of the 87th and Farrar of the 52nd:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, so as to change the provisions relating to military service credit.

The following fiscal note, as required by law, was read by the Secretary:
TEACHERS RETIREMENT SYSTEM Atlanta, Georgia 30334
February 7, 1974

MEMORANDUM TO: FROM: SUBJECT:

Honorable Paul D. Coverdell, Chairman Senate Retirement Committee
Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia
House Bill 1437

This bill restricts creditable service for military service allowable under subparagraphs (b), (c) and (d) of Section 4 of the Teacher Retirement Act to military service rendered during World War I, World War II, the Korean War or any period of national emergency.
Section 2 of the bill adds a new subparagraph to Section 4 of the Teacher Retirement Act and provides that credit for military service is not to be allowed if the member is receiving retirement credit from any other State or Federal retirement program, excluding Social Security.

TUESDAY, FEBRUARY 26, 1974

2475

House Bill 1437 was amended in the House Retirement Committee to include the words "United States Civil Service Retirement System" after the word "Security" in the last sentence of Section 2.

There would be no additional cost to the Teachers Retirement System if this bill were passed and we would ask for no increase in the employer contributions rate if this bill became law.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Pincher Garrard Hamilton Henderson Herndon
Hill

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Langford Lester London McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Duncan

Gillis (presiding)

Kidd

On the passage of the bill, the ayes were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1316. By Messrs. Jordan of the 58th and Farrar of the 52nd:
A bill to amend an Act entitled "The Act Creating the Public School Employees' Retirement System", so as to require local units of adminis-

2476

JOURNAL OF THE SENATE,

tration to submit in advance the names of members who will retire or be eligible for retirement.

The following fiscal note, as required by law, was read by the Secretary:

EMPLOYEES' RETIREMENT SYSTEM

February 8, 1974

TO:

Honorable Paul D. Coverdell

Chairman, Senate Retirement Committee

FROM:

Abe Domain, Director Employees' Retirement System of Georgia

SUBJECT: Fiscal Note--House Bill 1316 (Committee Substitute)

This legislation would require each local unit of administration (each public school system covered by the Public School Employee Re tirement System) to notify each employee 90 days before his normal retirement date (age 65) that he will be eligible and that his Application for Retirement must be filed with the Board of Trustees of the Public School Employees Retirement System at least 30 days but not more than 90 days prior to retirement.
Failure on the part of the local unit of administration to so notify a member resulting in the members Application for Retirement not being filed timely; resulting in loss of benefits; then, the amount of lost benefits shall be paid to the member from funds of the local unit of administration.
There would be no cost to the Retirement System for this legislation. However, it could result in a cost to the local unit of administration where a local unit of administration fails to properly notify its members timely.
We do not have any way of knowing or predicting the cost to the local units of administration since it is impossible to know how many instances the member will not be timely notified of his retirement date, nor the length of the delayed notification.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Gillis of the 20th, who was presiding, ordered a roll call, and the vote was as follows:

TUESDAY, FEBRUARY 26, 1974

2477

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Carter Cleland Coggin Coverdell Cox Doss Eldridge Fincher Hamilton Henderson Herndon Hill Holley

Holloway Howard Hudgins Jackson Kennedy Langford Lester McDuffie McGill Moore Overby Parker Reynolds Riley Salter

Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Brown of 47th Dean Duncan

Garrard Gillis (presiding) Johnson

Kidd London Rowan

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in substituting the following bill of the Senate, to-wit:

SB 506. By Senator Johnson of the 38th:
A bill to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings.

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 bills of the House, to-wit:

2478

JOURNAL OF THE SENATE,

HB 2075. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act placing certain county officers of Ware County upon an annual salary, so as to change the compensation of the sheriff and ordinary of Ware County.

HB 2078. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the board of commissioners of Ware County, so as to change the compensation of the chairman.

The Speaker has appointed as a Committee of Conference on the part of the House the following: Messrs. Sweat of the 125th, Dixon of the 126th and Waddle of the 98th.

The House has passed, by substitute, by the requisite constitutional majority the following bill and resolution of the Senate, to-wit:

SR 316. By Senator Coggin of the 35th:
' A resolution proposing an amendment to the Constitution so as to au thorize the pre-filing of bills by members of the General Assembly; to provide for the submission of this amendment for ratification or rejec tion.

SB 664. By Senator Moore of the 56th and others:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of the State relative to game and fish, so as to provide for the taking of crabs in certain water under certain con ditions.

The House has agreed to the Senate amendments as amended by the House, to the following bill of the House, to-wit:

HB 1508. By Mr. Ware of the 65th and others: A bill to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with blue lights, so as to authorize certain private motor vehicles to operate with flashing red lights upon certification of the necessity thereof by the State Director of Civil Defense to the Department of Public Safety.
The President resumed the Chair.

TUESDAY, FEBRUARY 26, 1974

2479

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1639. By Messrs. Cole and Foster of the 6th and Turner of the 3rd:
A bill to add one additional judge to the Superior Courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment of the first additional judge by the Governor.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard

Gillis Hamilton Henderson Herndon Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore

Overby Parker Salter Skene ' Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden
Webb Zipperer

Those not voting were Senators:

Hill Holley London

Reynolds Riley Rowan

Smalley Smith Young

On the passage of the bill, the ayes were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

2480

JOURNAL OF THE SENATE,

The following bills of the House were taken up for the purpose of considering House action thereto:

HB 1508. By Messrs. Ware of the 65th, Gignilliat of the 105th and others:
A bill to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, so as to authorize certain private motor vehicles to operate with flashing or revolving red lights upon certification of the necessity thereof by the State Director of Civil Defense to the De partment of Public Safety.

The House amendment to the Senate amendment was as follows:
Amend the Senate amendment to HB 1508 by renumbering Sections 3 and 4 as Sections 4 and 5 respectively; and by inserting a new Section 3 to read as follows:
"Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or un constitutional, 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 un constitutional were not originally a part hereof. The General As sembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional."; and
by inserting in the title, following the words "to provide an effective date", the following:
"; to provide for severability;".

Senator Skene of the 27th moved that the Senate agree to the House amend ment to the Senate amendment to HB 1508.

On the motion the ayes were 36, nays 0; the motion prevailed, and the House amendment to the Senate amendment to HB 1508 was agreed to.

HB 2075. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act placing certain of the county officers of Ware County, upon an annual salary, so as to change the compensation of the sheriff and ordinary of Ware County.

TUESDAY, FEBRUARY 26, 1974

2481

Senator Eldridge of the 7th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the Senate substitute to HB 2075 was adhered to.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Eldridge of the 7th, Ward of the 39th and Coverdell of the 40th.
HB 2078. By Messrs. Dixon of the 126th and Sweat of the 125th: A bill to amend an Act creating the board of commissioners of Ware County, so as to change the compensation of the chairman of the Board.
Senator Eldridge of the 7th moved that the Senate adhere to its substitute to HB 2078 and that a Conference Committee be appointed.
On the motion, the ayes were 32, nays 0; the motion prevailed, and the Senate substitute to HB 2078 was adhered to.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Eldridge of the 7th, Ward of the 39th and Coverdell of the 40th.

The following bills of the Senate were taken up for the purpose of considering House action thereto:

SB 506. By Senator Johnson of the 38th:
A bill to provide for the use of deaf sign language interpreters in cer tain administrative and judicial proceedings; to provide for the taking of an oath; to require qualifications for such interpreters; to provide for compensation.

Senator Johnson of the 38th moved that the Senate adhere to its disagreement to the House substitute to SB 506 and that a Conference Committee be appointed.

2482

JOURNAL OF THE SENATE,

On the motion, the ayes were 42, nays 0; the motion prevailed, and the Senate disagreement to the House substitute to SB 506 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following: Senators Johnson of the 38th, Overby of the 49th and Cox of the 21st.

SB 664. By Senators Moore of the 56th, Zipperer of the 3rd and Wasden of the 2nd:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, ap proved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to pro vide for the taking of crabs in certain waters of the State under certain conditions.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, particularly by an Act approved March 8, 1968 (Ga. Laws 1968, p. 202), so as to provide for the taking of crabs in certain waters of the State under certain conditions; to provide that it shall be unlawful to take crabs with certain. nets and that the possession of such nets while taking crabs shall be prima facie evidence of violation of said law; to provide that the Board of Natural Resources, by rule or regulation, may suspend the authority to take crabs within certain waters; to pro vide that it shall be unlawful to take crabs within such waters during such suspension; to provide for penalties; to provide for all matters relative to the foregoing; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws of this State relative to game and fish, ap proved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, particularly by an Act approved March 8, 1968 (Ga. Laws 1968, p. 202), is hereby amended by striking subsection (g) of Section 94 of said Act in its en tirety and substituting in lieu thereof a new subsection (g) of Section 94 to read as follows:
"(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, or any sounds at any time during the year or from the waters of Cumberland, St. Simons,

TUESDAY, FEBRUARY 26, 1974

2483

Sapelo, St. Andrews, Wassaw and Ossabaw Sounds during the months of January, February and March with four and one-half (4%) inch stretched mesh only. It shall be unlawful to use any net for taking crabs, as provided for herein, which has a smaller mesh than four and one-half (4%) inch stretched mesh, and the posses sion of any smaller mesh net while taking crabs shall be prima facie evidence of the violation of this subsection. The Board of Natural Resources, by rule or regulation, may suspend the authority to take crabs from the waters of Cumberland, St. Simons, Sapelo, St. Andrews, Wassaw and Ossabaw Sounds, as provided for herein, when the Board determines that the taking of crabs within said waters would be detrimental to the conservation of crabs. When the authority to take crabs Within said waters is suspended by rule or regulation of the Board, it shall be unlawful to take crabs within said waters. Any person violating the provisions of this subsection, upon conviction thereof, shall be subject to the penalties provided by Section 5 of the amendatory Act approved March 8, 1968 (Ga. Laws 1968, p. 202)."

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 Zipperer of the 3rd moved that the Senate agree to the House sub stitute to SB 664.

On the motion, the ayes were 40, nays 0; the motion prevailed, and the House substitute to SB 664 was agreed to.

The following bills of the House were taken up for the purpose of considering Conference Committee Reports thereto:

HB 2075. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act placing certain of the county officers of Ware County upon an annual salary, so as to change the compensation of the sheriff and ordinary of Ware County.

CONFERENCE COMMITTEE REPORT ON HB 2075:
Mr. President and Mr. Speaker:
Your Conference Committee on HB 2075 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 2075 be adopted.

FOR THE SENATE
/s/ Frank Eldridge, Jr. Frank Eldridge, Jr. Senator, 7th District
/s/ Paul D. Coverdell Paul D. Coverdell Senator, 40th District
Is/ Horace T. Ward Horace T. Ward Senator, 39th District

Respectfully submitted,
FOR THE HOUSE
/s/ Ottis Sweat, Jr. Ottis Sweat, Jr. Representative, 125th District
/s/ Harry D. Dixon Harry D. Dixon Representative, 126th District
/s/ Ted W. Waddle Ted W. Waddle Representative, 98th District

Conference Committee Substitute to HB 2075:

A BILL

To be entitled an Act to amend an Act placing certain of the county officers of Ware County upon an annual salary, approved March 16, 1961 (Ga. Laws 1961, p. 2465), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2720), so as to change the compensation of the sheriff and ordinary of Ware County; to provide for certain additional deputies and automobiles for the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act placing certain of the county officers of Ware County upon an annual salary, approved March 16, 1961 (Ga. Laws 1961, p. 2465), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2720), is hereby amended by striking from Section 2 the following:

"eleven thousand five hundred ($11,500.00)"

and substituting in lieu thereof the following: "$13,900",

so that when so amended Section 2 shall read as follows:

"Section 2. The Sheriff of the City Court of Waycross and the Superior Court of Ware County (hereinafter in this Act referred to as the sheriff) shall be paid a salary of $13,900 per annum."

Section 2. Said Act is further amended by striking from Section 4 the following:

TUESDAY, FEBRUARY 26, 1974

2485

"nine thousand two hundred dollars ($9,200.00)" and substi tuting in lieu thereof the following:

"$10,600.00",

so that when so amended, Section 4 shall read as follows:

"Section 4. The Ordinary of Ware County shall be paid a salary of $10,600.00 per annum."

Section 3. Said Act is further amended by adding a new Section thereto, to be designated Section 10A, to read as follows:

"Section 10A. In addition to the number of deputies and auto mobiles authorized for the sheriff under the provisions of Section 10 on January 1, 1974, there are hereby authorized an additional two (2) deputies and one automobile. Such additional deputies shall receive such salary as is otherwise established by the commission for deputies. The salary of such additional deputies and the ex penses of such additional automobiles, and the maintenance thereof, shall be paid from county funds."

Section 4. 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 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Eldridge of the 7th moved that the Conference Committee Report on HB 2075 be adopted.
On the motion, the ayes were 36, nays 0, and the Conference Committee Re port on HB 2075 was adopted.
HB 2078. By Messrs. Dixon of the 126th and Sweat of the 125th: A bill to amend an Act creating the board of commissioners of Ware County, so as to change the compensation of the chairman of the board.

The Conference Committee Report was as follows:
Mr. President and Mr. Speaker:
Your Conference Committee on HB 2078 has met and submits the following recommendations:

2486

JOURNAL OF THE SENATE,

That the House and Senate recede from their respective positions and that the attached Substitute to HB 2078 be adopted.

FOR THE SENATE
/s/ Frank Eldridge, Jr. Frank Eldridge, Jr. Senator, 7th District
/s/ Paul D. Coverdell Paul D. Coverdell Senator, 40th District
/s/ Horace T. Ward Horace T. Ward Senator, 39th District

Respectfully submitted,
FOR THE HOUSE
1st Ottis Sweat, Jr. Ottis Sweat, Jr. Representative, 125th District
1st Harry D. Dixon Harry D. Dixon Representative, 126th District
/s/ Ted W. Waddle Ted W. Waddle Representative, 98th District

Conference Committee Substitute to HB 2078:
A BILL
To be entitled an Act to amend an Act creating the board of com missioners of Ware County, approved April 15, 1963 (Ga. Laws 1963, p. 2237), as amended, particularly by an Act approved February 27, 1970 (Ga. Laws 1970, p. 2224), so as to change the compensation of the chair man of the board; 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 the board of commissioners of Ware County, approved April 15, 1963 (Ga. Laws 1963, p. 2237), as amended, particularly by an Act approved February 27, 1970 (Ga. Laws 1970, p. 2224), is hereby amended by striking Section 9 in its entirety and sub stituting in lieu thereof a new Section 9 to read as follows:
"Section 9. The chairman of the board of commissioners shall receive an annual salary of $12,200.00. The board of commissioners shall fix the compensation of each of the other members of the board in an amount not less than $600.00 per annum and not more than $3,000.00 per annum. The salary of the chairman and the compensa tion of the other members of the board as fixed by the board shall be paid in equal monthly installments from the funds of Ware County. The board of commissioners shall fix the compensation of each of the other members of the board by majority vote at their first meeting after the effective date of this Act and at their first meeting in each calendar year and at no other time."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or ' - which it becomes law without his approval.

TUESDAY, FEBRUARY 26, 1974

2487

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Eldridge of the 7th moved that the Senate adopt the Conference Com mittee Report on HB 2078.

On the motion, the ayes were 36, nays 0, and the Conference Committee Re port on HB 2078 was adopted.

The following resolution of the House was read and put upon its adoption:

HR 786. By Messrs. Murphy of the 18th and Busbee of the 114th: A resolution relative to adjournment.

Senator Holley of the 22nd offered the following amendment:
Amend HR 786 by striking the figures "6:00" on line 3, page 1, and substituting in lieu thereof the figures "8:00" so that the resolution as amended will read "at 8:00 o'clock P.M."

On the adoption of the amendment, the ayes were 42, nays 2, and the amend ment offered by Senator Holley of the 22nd was adopted.

On the adoption of the resolution, as amended, the ayes were 43, nays 0, and the resolution was adopted as amended.

The following local bills of the House, favorably reported by the committee, were read the third time and put upon their passage:

HB 1984. By Mr. Miles of the 79th and others:
A bill to amend an Act changing from the fee to the salary system certain county officers of all counties in this State having a population of not less than 145,000 and not more than 165,000 so as to change the compensation provisions relative to employees in the sheriff's office.

Senator Lester of the 23rd offered the following substitute:
A BILL
To be entitled an Act to amend an Act changing from the fee to the salary system certain county officers of all counties in this State having a population of not less than 145,000 inhabitants and not more than

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JOURNAL OF THE SENATE,

165,000 inhabitants according to the United States Decennial Census of 1970, or any future such census, approved March 28, 1961 (Ga. Laws 1961, p. 2688), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2774), to amend an Act fixing the compensation of certain elected officials in counties of this State having a population of not less than 145,000 nor more than 165,000 according to the 1970 United States Decennial Census, or any future such census, approved April 17, 1973 (Ga. Laws 1973, p. 2801), so as to change the compensation provisions relative to employees in the sheriff's office; to change the provisions relative to the number of employees in the sheriff's office; to change the compensation of the Chairman of the Board of Commissioners and the County Commissioners; to provide for the compensation of the secretaries, court reporters and transcriber for the judges of the superior courts of said counties; to provide an effective date; to repeal a pro vision of a specific Act; to repeal conflicting laws; and for other
purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act changing from the fee to the salary system certain county officers of all counties in this State having a population of not less than 145,000 inhabitants and not more than 165,000 inhab itants according to the United States Decennial Census of 1970, or any future such census, approved March 28, 1961 (Ga. Laws 1961, p. 2688), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2774), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3, to read as follows:

"Section 3. (a) The sheriff of such counties shall receive an annual salary of $19,500.
(b) On and after the date of approval of this Section the sheriff's deputies and assistants in all such counties shall consist of the following: all of whom shall be named from time to time by the sheriff and all and each of whom shall serve as such at the will of the sheriff and be discharged by such sheriff without any claim to any unearned salary or salaries; and the salaries of such deputies and assistants shall be fixed by the sheriff from time to time at an amount not to exceed, and where a minimum is specified not less than, the following:

1 Chief Deputy 1 Major 1 Chief Criminal Investigator 2 Captains 1 ID & Fingerprint Expert 1 Chief Civil Deputy 4 Civil Deputies 6 Lieutenants 20 Criminal Investigators 1 Chief Jailer 34 Patrol Privates

$1,077.87 per month 980.28 per month 860.52 per month 860.52 per month 801.25 per month 860.52 per month 801.25 per month 801.25 per month 747.09 per month
1,055.38 per month 567.60 to 732.09 per month

TUESDAY, FEBRUARY 26, 1974
33 Patrol Corporals
6 Sergeants 2 Bookkeepers (1 jail, 1 office) 1 Secretary 13 Assistant Jailers Turnkeys
9 Clerk-Dispatchers
6 Deputy Clerks (PBX Operators) 3 Mechanic Helpers 4 Office Clerks
4 Matrons
1 Assistant Bookkeeper (office)

2489
567.60 to 732.09 per month 747.09 per month 722.22 per month 722.22 per month 450.54 to 671.51 per month 461.77 to 671.51 per month 461.77 to 671.51 per month 586.00 to 620.00 per month 461.71 to 600.70 per month 450.54 to 671.51 per month 612.22 per month

The above employees shall not work more than 40 hours per week except in case of emergency. Where such employees are re quired to work more than 40 hours in a week, they shall be entitled to overtime pay, the amount of which shall be determined by the governing authority and sheriff's office of such counties."

Section 2. Subsection (a) of Section 1 of an Act fixing the com pensation of certain elected officers in certain counties, approved April 17, 1973 (Ga. Laws 1973, p. 2801), which reads as follows:

"(a) Sheriff _...__________......$18,500",

is hereby repealed in its entirety.

Section 3. An Act fixing the compensation of certain elected offi cials in counties of this State having a population of not less than 145,000 nor more than 165,000 according to the 1970 United States Decennial Census, or any future such census, approved April 17, 1973 (Ga. Laws 1973, p. 2801), is hereby amended by striking from Section 1 the fol lowing:

"(k) Chairman of the Board of Commissioners ............$6,600 (1) County Commissioners __.....___................$4,200",

and substituting in lieu thereof the following:

"(k) Chairman of the Board of Commissioners ___.__........$8,400 (1) County Commissioners __..._________..--___________....__..________$6,000".

Section 4. Said Act referred to in Section 3 is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:

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JOURNAL OF THE SENATE,
"Section 2. Notwithstanding any other provisions of law to the contrary, the secretaries of the judges of the superior courts of the counties covered by Section 1 of this Act shall be compensated in an amount not to exceed $550.00 per month, the court reporters shall be compensated in an amount not to exceed $710.00 per month and the transcriber shall be compensated in an amount not to exceed $475.00 per month, and the compensation of such personnel shall be fixed within said limitations by the judges of the superior courts of such counties."
Section 5. Section 3 of this Act shall become effective on January 1, 1975, and Section 4 of this Act shall become effective upon the ap proval of this Act by the Governor or upon its otherwise becoming law. The remaining provisions of 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 6. 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, 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.

HB 2062. By Mr. Connell of the 80th:
A bill to amend an Act creating a Board of Commissioners of Richmond County, so as to add one additional member to the Board of Commission ers who shall be the chairman of the Board.

The Committee on County and Urban Affairs offered the following sub stitute :
A BILL
To be entitled an Act to provide that the affairs and functions of Richmond County and the City of Augusta shall be administered by but one governing authority in such county; to provide for a Board of Com-

TUESDAY, FEBRUARY 26, 1974

2491

missioners of Augusta-Richmond County; to provide for the election of the members and their compensation, powers, duties and responsibilities; to provide for the discharge of the law enforcement powers, duties and responsibilities within Richmond County; to provide for the chief law enforcement officer of Richmond County; to provide for a referendum; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Effective at 11:59 p.m., on the 31st day of December, 1974, 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. At such time, the charter of the City of Augusta and all amendments thereto and the governing authority of Richmond County shall be abolished. Thereafter, the affairs and functions of Richmond County and of the City of Au gusta shall be administered by but one governing authority in such county. At such time, the assets, rights, liabilities and obligations, of whatever nature, of Richmond County and the City of Augusta shall be assumed by the successor governing authority and shall be the assets, rights, liabilities and obligations of such successor governing authority.

Section 2. (a) The governing authority of such resulting political subdivision shall be composed of a chairman-mayor and eighteen com missioners and shall be known as the Board of Commissioners of Au gusta-Richmond County. For the purposes of electing members to the Board, Richmond County shall be divided into six commissioner districts as follows: Commissioner District No. 1 shall contain all of that terri tory embraced within Georgia House of Representative District No. 78. Commissioner District No. 2 shall contain all of that territory embraced within Georgia House of Representative District No. 79. Commissioner District No. 3 shall contain all of that territory embraced within Geor gia House of Representatives District No. 80. Commissioner District No. 4 shall contain all of that territory embraced within Georgia House of Representative District No. 81. Commissioner District No. 5 shall con tain all of that territory embraced within Georgia House of Representa tive District No. 82. Commissioner District No. 6 shall contain all of that territory embraced within Georgia House of Representative Dis trict No. 83 plus that portion of Richmond County contained within Georgia House of Representative District No. 77. For the purposes of this Act, the House of Representative Districts herein referred to shall be those districts as they existed on January 1, 1974.

(b) Two commissioners shall be elected from each commissioner district. Positions of membership on the Board for Commissioners elected from District No. 1 shall be numbered 1 and 2, respectively. Positions of membership on the Board for commissioners elected from District No. 2 shall be numbered 3 and 4, respectively. Positions of membership on the Board for commissioners elected from District No. 3 shall be numbered 5 and 6, respectively. Positions of membership on the Board for com missioners elected from District No. 4 shall be numbered 7 and 8, re spectively. Positions of membership on the Board for commissioners

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JOURNAL OF THE SENATE,

elected from District No. 5 shall be numbered 9 and 10, respectively. Positions of membership on the Board for commissioners elected from District No. 6 shall be numbered 11 and 12 respectively. Such commis sioners must reside in the district from which elected and each commis sioner shall be elected by the electors of the district in which he shall reside.
(c) The remaining six commissioners shall likewise be elected from such districts (one commissioner from each district) as provided for in (b) above, but they shall be elected by the electors of the political subdivision as a whole. These positions of membership on the Board shall be numbered 13 through 18, as follows: that commissioner elected from district 1--position 13; that commissioner elected from district 2-- position 14; that commissioner elected from district 3--position 15; that commissioner elected from district 4--position 16; that commissioner elected from district 5--position 17; and that commissioner elected from district 6--position 18.

(d) The chairman-mayor may reside anywhere within Richmond County and shall be elected at large from the political subdivision. The chairman-mayor may vote on any matter before the Board.

(e) The first election under this Section shall take place in the general election of 1974. Members of the Board shall take office on the first day of January following their election. Candidates elected to fill positions 1 through 12 shall serve for initial terms of office of two years. Thereafter, their successors shall serve for terms of office of four years. All other commissioners and the chairman-mayor shall serve for four-year terms of office.

(f) The chairman-mayor shall receive an annual salary of $25,000, and each commissioner shall receive an annual salary of $3,600.

(g) Vacancies occurring in the Board shall be filled by the remain ing members of the Board electing a qualified successor to serve out the term of office in which the vacancy shall occur.

(h) In order to be eligible to be elected to the Board, a candidate must have resided within the territory comprising his district for at least one year prior to his election, and must be at least 21 years of age.

Section 3. The Board of Commissioners of Augusta-Richmond County shall possess all of the powers, duties, rights, responsibilities and obligations formerly vested in and exercised by the governing au thority of Richmond County and the City of Augusta, and by any agency or instrumentality thereof, and combination of agencies or instrumental ities. Except as hereinafter provided, the Board, subject to the limita tions imposed by that amendment to Article XI, Section I, Paragraph VII of the Constitution pertaining to Richmond County and the City of
Augusta, proposed by a Resolution approved April 10, 1968 (Ga. Laws 1968, p. 1787), may abolish, preserve, re-create or alter, in any manner necessary, any agency, office, officer, constitutional officer or instru mentality of Richmond County or the City of Augusta, or create any instrumentalities, agencies, offices or officers to carry out the con-

TUESDAY, FEBRUARY 26, 1974

2493

solidation and merger of the political subdivisions and their functions and responsibilities as provided for in Section 1 of this Act. The Board may not abolish or alter in any manner the office of any elected office holder or his employees.

Section 4. Nothing contained in this Act shall affect in any man ner whatsoever the exemptions from taxation contained within the Con stitution and in particular the exemptions granted to homesteads, and such exemptions shall not be eliminated or impaired in any manner whatsoever by this Act. The Board of Commissioners of Augusta-Rich mond County shall not levy any tax within Richmond County which shall subject any taxpayer therein to any tax for any governmental service not rendered to the taxpayer by the Board. All taxation, assess ments or service charges for particular services shall be uniform throughout the territorial limits of Richmond County.

Section 5. All employees of the City of Augusta and Richmond County shall become employees of the resulting political subdivision and they shall have and retain all the rights to their employment, compensa tion, tenure and retirement benefits.

Section 6. Except as otherwise provided for in Section 8 of this Act, nothing contained within this Act shall otherwise affect any county officer of Richmond County or their employees.

Section 7. Effective January 1, 1975, there is created within Rich mond County a special police protection district, the territorial limits of which shall coincide with the corporate limits of the City of Augusta as such limits existed on January 1, 1974. The Board of Commissioners of Augusta-Richmond County shall provide police protection within such district. Such district shall be abolished on January 1, 1977.

Section 8.

PART I

The chief law enforcement officer of Richmond County shall be the sheriff of Richmond County.

PART II
There is hereby created the Board of Public Safety of Richmond County. There shall be elected at the general election in 1976 and each four years thereafter one Commissioner of Public Safety from each Commissioner District as set forth in subsection (a) of Section 2. Each Commissioner shall be elected by the electors of his district. The Board of Public Safety shall appoint the Chief Law Enforcement Officer of Richmond County. The Chief Law Enforcement Officer of Richmond County shall possess, exercise and discharge all of the powers, duties and responsibilities formerly vested in the sheriff of Richmond County in sofar as his criminal law enforcement responsibilities and duties were concerned. He shall have such deputies and employees as the Board of Commissioners of Augusta-Richmond County shall provide. All of his.

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JOURNAL OP THE SENATE,

deputies shall likewise have the powers of a peace officer insofar as their official duties are concerned. The Board of Public Safety shall have overall supervision and control of the law enforcement responsibilities within Richmond County. Effective January 1, 1977, the powers, duties and responsibilities of the sheriff of Richmond County, as they relate to the enforcement of the criminal laws of the United States, this State and any political subdivision thereof, shall devolve upon and be exercised by the chief law enforcement officer provided for in this Section. The sheriff of Richmond County shall continue to discharge all of the powers,
duties and responsibilities of his office as they pertain to the Superior Court of Richmond County, as well as his powers, duties and responsi bilities as the jailor of the Richmond County jail.

Section 9. At the election provided for in Section 10, there shall also be printed upon the ballot the following:

"VOTE FOR ONLY ONE QUESTION
QUESTION 1 ( ) YES Shall the Sheriff of Richmond County be the chief
law enforcement officer of Richmond County?
QUESTION 2 ( ) YES Shall there be an elected Board of Public Safety
of Richmond County who shall appoint the Chief Law Enforcement Officer of Richmond County?"

If this Act shall be approved in the election provided for in Section 10, and Question 1 shall receive more affirmative votes than Question 2, Part II of Section 8 shall be void and of no force and effect. If this Act shall be approved in the election provided for in Section 10, and Question 2 shall receive more affirmative votes than Question 1, Part I of Section 8 shall be void and of no force and effect.
Section 10. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise be comes law, it shall be the duty of the Board of Elections of Richmond County to issue the call for an election for the purpose of submitting this Act to the electors of the unincorporated areas of Richmond County and the electors of the incorporated areas of said County for approval or rejection. The Board 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 Board 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 Richmond County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act providing that there shall be but one governing authority to assume, administer,
( ) NO and discharge the obligations, duties, rights, re sponsibilities, functions and affairs of Richmond County and the City of Augusta be approved?"

TUESDAY, FEBRUARY 26, 1974

2495

All persons desiring to vote in favor of the Act shall vote "Yes", and those persons desiring to vote for rejection of the Act shall vote "No". If more than one-half of the votes cast on such question are for approval of the Act in the unincorporated area of Richmond County, and if more than one-half of the votes cast on such question are for approval of the Act in the incorporated area of Richmond County, it shall become of full force and effect, otherwise it shall be void and of no force and effect.

Section 11. Effective at such time as is provided for in Section 1, the charter of the City of Augusta contained within an Act approved January 31, 1798 (Ga. Laws 1798), as amended, and all amendments to said charter shall be repealed, and an Act approved August 19, 1907 (Ga. Laws 1907, p. 324), as amended, and all amendments thereto, creating a Board of Commissioners of Richmond County, shall be re pealed.

Section 12. The Board of Commissioners of Richmond County, prior to the election provided for in Section 10, shall conduct a public hearing on this Act. Copies of the substance of this Act shall be made available to the citizens of Richmond County by the Board upon request without charge.

Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Lester of the 23rd offered the following amendment:
Amend the committee substitute to HB 2062 by striking the language on lines 6, 7 and 8 on Page 7 in its entirety and substituting in lieu thereof the following:
" ( ) YES Shall the chief law enforcement officer of Rich mond County be the elected Sheriff of Richmond County?" and
by striking on line 28, Page 8 the following words:
"shall conduct a public hearing on this Act."
And insert in lieu thereof the following language:
"Shall conduct public hearings in each district provided in Section 2, of this Act."

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment to the committee substitutes was adopted.

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JOURNAL OF THE SENATE,

Senator Lester of the 23rd offered the following amendment:

Amend the committee substitute to HB 2062 by inserting at the end of line 1 of Page 2 the following:

"The Augusta-Richmond County Charter Study Commission shall continue its study and efforts to provide for the consolidation and merger of governmental services, activities, functions and af fairs within Richmond County." and

by adding at the end of line 21 of Page 5 the following:

"Nothing contained within this Act shall be construed or deemed in any manner to limit the right of the sheriff of Richmond County to exercise all of the powers, duties and responsibilities which he possessed prior to the effective date of this Act. He shall continue to exercise such powers, duties and responsibilities until they shall be changed by the applicable provisions of Section 8 of this Act."

and by adding at the end of line 34 of Page 6 the following:

"At the first meeting of the Board conducted in each calendar year, the Board shall elect one of their members to serve as chair man for the ensuing calendar year. The chairman shall preside over all meetings of the Board and he shall vote only on those matters in which the vote of the other members shall result in a tie."

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the ayes were 31, 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 2063. By Mr. Miles of the 79th and others:
A bill to require the Board of Commissioners of Richmond County to publish certain tax information.

TUESDAY, FEBRUARY 26, 1974

2497

The report 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 Holley of the 22nd resumed the Chair.
The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:
HB 1657. By Mr. Greer of the 43rd: A bill to provide that confidential or privileged medical matter which constitutes a record, or part thereof, kept by a health care facility or physician, does not lose its confidential or privileged character when disclosed in certain circumstances.

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, who was presiding ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Herndon Hill Holloway Howard Hudgins Jackson Johnson Langford Lester Moore Overby Parker Riley

Rowan Salter Skene Smalley Smith Stephens Summers Sutton Thompson Tysinger Ward Warren Webb Young

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Those not voting were Senators:

Ballard Barker Bell Henderson Holley (presiding)

Kennedy Kidd London McDuffie McGill

Reynolds Starr Wasden Zipperer

On the passage of the bill, the ayes were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1342. By Messrs. Harris of the 51st and Patten of the 124th:
A bill to regulate the practice of speech pathology and audiology; to create the Board of Examiners for Speech Pathology and Audiology.

Senator Gillis of the 20th offered the following amendment:
Amend HB 1342 by striking line 23 on Page 8 in its entirety and inserting in lieu thereof the following:
"(a) Hold a baccalaureate or higher degree,"; and
by striking lines 26 through 32 on Page 8 in their entirety and inserting in lieu thereof the following:
"graduate program in speech patholoy and/or audiology."

On the adoption of the amendment, the ayes were 35, 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, Senator Holley of the 22nd, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barke'r Bell

Broun of 46th Brown of 47th Carter

Coggin Coverdell Cox

Doss Eldridge Fincher Gillis Hamilton Henderson Herndon Hill Howard Hudgins Jackson

TUESDAY, FEBRUARY 26, 1974

Johnson Kennedy Lester Moore Parker Reynolds Riley Rowan Salter Skene Smalley

Starr Stephens Summers Button Thompson Tysinger Ward Warren Webb Young Zipperer

Voting in the negative were Senators Dean and Smith.

Those not voting were Senators:

Cleland Duncan Garrard Holley (presiding)

Holloway Kidd Langford London

McDuffie McGill Overby Wasden

2499

On the passage of the bill, the ayes were 42, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

The President resumed the Chair.

HB 1476. By Mr. Wamble of the 120th:
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 meanings such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1974.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Cleland Coverdell Cox

2500
Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon Holloway Howard Jackson Johnson

JOURNAL OF THE SENATE,

Kennedy Langford Lester London Moore Parker Reynolds Riley Rowan Salter Skene Smith

Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Coggin Duncan Hill Holley

Hudgins Kidd McDuffie

McGill Overby Smalley

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 235. By Mr. Groover of the 75th and others:
A bill to amend an Act entitled "An Act to provide for the creation of the office of district attorney emeritus"; to prescribe eligibility for incumbents.

The following fiscal notes, as required by law, were read by the Secretary:
DEPARTMENT OF ADMINISTRATIVE SERVICES
February 18, 1974
Honorable Paul D. Coverdell State Senator Chairman, Senate Retirement Committee 445 State Capitol Atlanta, Georgia 30334
Re: Amended Fiscal Note for House Bill 235
Dear Senator Coverdell:
As we discussed during your Senate Retirement Committee Meeting this morning, we are pleased to submit an additional fiscal note for House Bill 235 based on the passage of Senate Bill 117 (substitute).

TUESDAY, FEBRUARY 26, 1974

2501

The additional cost in State funds based on the passage of the above two Bills for each of the three (3) years in question would be $12,600.00 per year for a total of $37,800.00.

Please continue to call on us whenever we may be of assistance to you in any way.

Sincerely,
/s/ Patrick G. Blanchard Financial Management Officer

DEPARTMENT OF AUDITS Atlanta, Georgia 30334

February 11, 1974

MEMORANDUM

TO:

The Honorable Paul Coverdell, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

SUBJECT: Fiscal Note--House Bill 235 (AM)

This bill amends the District Attorney Emeritus Retirement Plan to allow General Assembly service up to three years and service as an attorney for the State on a salary basis provided member makes payment for service before June 30, 1974.

There are 21 members under this plan and 18 active members. It is not known as to how many would be eligible to claim additional service, and therefore no cost can be estimated.

Under current provisions of law, should the additional service make the member eligible for retirement one year early, the net cost for each year claimed would be $5,550. There is a proposed amendment to this Act which would increase benefits and should this become law, one year of service would have a net cost of $12,600.

/s/ Ernest B. Davis. State Auditor
James T. Mclntyre, State Planning and Budget Officer

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Carter Cleland Coggin Coverdell Cox Eldridge Fincher Garrard Gillis Henderson Herndon Hill

Holley Howard Jackson Kennedy Langford Lester London McGill Overby Parker Reynolds Riley Rowan Salter

Skene Smalley Smith Starr Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Dean Doss

Hamilton

Holloway

Those not voting were Senators:

Ballard Brown of 47th Duncan

Hudgins Johnson Kidd

McDuffie Moore Stephens

On the passage of the bill, the ayes were 43, nays 4.

The bill, having received the requisite constitutional majority, was passed.

HB 1448. By Mr. Walker of the 100th and others:
A bill to authorize each municipal corporation of this State, in its discretion, to purchase liability insurance or contracts of indemnity for members of governing bodies of such municipal corporations, municipal officers and employees; to authorize such municipal corporations to defend civil and criminal actions in certain instances and to pay costs therewith.

TUESDAY, FEBRUARY 26, 1974

2503

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Garrard Hamilton Henderson Herndon

Hill Holloway Howard Jackson Johnson Kennedy Kidd Langford London McGill Moore Overby Parker Riley Rowan

Salter Skene Smalley Smith Starr Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Duncan Pincher Gillis

Holley Hudgins Lester

McDuffie Reynolds Stephens

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering a. Conference Committee Report thereto:

HB 214. By Messrs. Burruss of the 21st, McDaniell of the 20th, Kreeger of the 21st and others:
A bill to exempt from all ad valorem taxation for educational purposes levied by any county or independent school district the homestead of any resident of such county or independent school district who is 62 years of age or older and has an income not exceeding $6,000 per annum.

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The Conference Committee Report was as follows:

Mr. President Mr. Speaker:

Your Conference Committee on HB 214 has met and recommends that both the Senate and House of Representatives recede from their respective positions, and that the attached Conference Committee Sub stitute to HB 214 be adopted.

FOR THE SENATE
/a/ Culver Kidd Senator, 25th District
Isl Maylon London Senator, 50th District
Isl E. M. McDuffie Senator, 19th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES
1st Howard Atherton Representative, 19th District
Is/ Burton Wamble Representative, 120th District
Is/ Jack Cole Representative, 6th District

Conference Committee Substitute to HB 214:
A BILL
To be entitled an Act to provide that the homestead, but not to exceed $10,000.00 of its assessed value, of each resident of each independent school district and of each county school district in this State who is 62 years of age or over and who has a gross income from all sources, including the income of all members of his family residing within said homestead, not exceeding $6,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied by, for, or in behalf of any such school system; to provide for the use of additional State funds for educational purposes in certain circum stances; to provide for other matters relative to the foregoing; to provide for the applicability of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The homestead, but not to exceed $10,000.00 of its assessed value, of each resident of each independent school district and of each county school district within this State who is 62 years of age or over and who has a gross income from all sources, including the income of all members of the family residing within said homestead, not exceeding $6,000.00 per annum, is hereby exempted from all ad valorem taxes for educational purposes levied by, for, or in behalf of any such school system, including taxes to retire school bond indebtedness.

TUESDAY, FEBRUARY 26, 1974

2505

Section 2. The exemption provided in Section 1 shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the State Revenue Commissioner for that purpose, shall be filed with the county tax receiver or tax commissioner in the case of residents of county school districts, or with the governing authority of the owner's city in the case of residents of independent school districts. Such affidavit shall be filed on or before the last day upon which the owner would otherwise be permitted by law to claim the homestead exemption provided for in Ga. Laws 1946, pp. 12, 14, as amended, and shall show the age of the owner on the first day of January next preceding the filing of the affidavit; the total amount of income received by the owner from all sources during the immediately preceding calendar year; the total amount of income received from all sources by each individual member of the owner's family residing within the homestead; and such additional information as may be prescribed by the State Revenue Commissioner. Copies of all such affidavits received, or extracts of the information contained therein, shall be forwarded by the various taxing authorities with whom such affidavits are filed to the State Revenue Commissioner who is herewith authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the Department of Revenue and to report immediately to the appropriate, county or city taxing authority any apparent discrepancies between the information contained in any affidavit and the information con tained in any other tax records of the Department of Revenue.

Section 3. The exemption granted to the homestead by this Act 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 as a residence by one or more such title holders who possesses the qualifica tions provided for in this Act, and who claims the exemption granted by this Act in the manner herein provided. Such exemptions shall also extend to those homesteads, the title to which is vested in an adminis trator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property possesses the qualifications provided for herein and claims the exemptions granted by this Act in the manner herein provided.
Section 4. The State Board of Education shall, when funds are specifically appropriated for the purpose of replacing revenue lost by local systems as a result of this Act, in accordance with such rules and regulations as the Board shall promulgate, provide to each school district in this State, which, on the effective date of this Act, had in effect a tax levy of 20 mills or more for educational purposes, or was levying the maximum permissible tax authorized by law for educational pur poses, grants for educational purposes which shall equal the revenues lost by such school district due to the exemption provided for property located within such district by the provisions of this Act.
Section 5. The State Revenue Commissioner is herewith directed and granted exclusive authority to promulgate such administrative rules and regulations as may be appropriate to the efficient administration by county, municipal, and State taxing authorities of the exemption granted by this Act.

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Section 6. Any person who wilfully falsifies information required by the State Revenue Commissioner pursuant to the administration of this Act, whether relating to age, income, or otherwise, shall be guilty of the crime of false swearing and shall be punished as for the commission of such crime.

Section 7. All laws and parts of laws, whether local or general with local application, implementing the provisions of constitutional amendments number 17 and 18 of 1972 (Ga. Laws 1972, pp. 1460, 1463), ratified by the people on November 7, 1972, and published on December 4, 1972, are herewith repealed.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that the Conference Committee Report on HB 214 be adopted.

On the motion, the ayes were 38, nays 0, and the Conference Committee Report on HB 214 was adopted.

The following bills and resolutions of the House, favorably reported by the committees, were read the third time and put upon their passage:

HR 591. By Mr. Harrison of the 116th:
A resolution authorizing the conveyance of certain property in the City of Jesup, Wayne County, Georgia, to the Hospital Authority of Wayne County.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Carter Cleland Coggin

Coverdell Cox Dean Doss Eldridge Fincher

Garrard Gillis Hamilton Howard Hudgins Jackson

Johnson Kennedy Kidd Langford Lester London McGill Moore Parker Reynolds

TUESDAY, FEBRUARY 26, 1974

2507

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers

Button Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those not voting were Senators:

Ballard Brown of 47th Duncan Henderson

Herndon Hill Holley

Holloway McDuffie Overby

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 592. By Mr. Mullinax of the 65th: A resolution authorizing the State Properties Commission to convey to the United States Government certain tracts and parcels of Stateowned property.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox

Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holloway Hudgins Jackson Johnson Kennedy Kidd

2508
Langford Lester London McGill Moore Overby Parker Reynolds

JOURNAL OF THE SENATE,

Riley Rowan Skene Smalley Smith Starr Stephens

Summers Sutton Thompson Tysinger Warren Wasden Webb

Those not voting were Senators:

Ballard Bell Duncan Holley

Howard McDuffie Salter

Ward Young Zipperer

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1276. By Mr. Savage of the 30th and others:
A bill to provide certain standards for the construction of curbs on each side of city streets; to require curb ramps for handicapped persons.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean

Doss Eldridge Fincher Garrard Gillis Hamilton Henderson Holley Howard Hudgins

Jackson Kennedy Kidd Langford Lester London McGill Moore Overby Parker

TUESDAY, FEBRUARY 26, 1974

2509

Reynolds Riley Rowan Skene Smalley

Smith Starr Stephens Sutton Thompson

Tysinger Ward Warren Webb Zipperer

Those not voting were Senators:

Bell Duncan Herndon Hill

Holloway Johnson McDuffie Salter

Summers Wasden Young

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1536. By Mr. Larsen of the 102nd:
A bill to amend an Act known as the "Georgia Post Mortem Examina tion Act", so as to authorize a medical examiner or his designee to obtain a blood sample from any person5 admitted to a hospital or morgue whenever any such person is unable to give his consent to the taking of a sample of blood for analytical purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Carter Cleland Coggin Coverdelb Cox Dean Doss Eldridge Garrard Gillis Hamilton

Henderson Herndon Hill Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McGill Parker

Riley Rowan Salter Smith Starr Stephens Summers Sutton Thompson Ward Warren Webb Young Zipperer

2510

JOURNAL OF THE SENATE,

Voting in the negative was Senator Smalley.

Those not voting were Senators:

Bell Brown of 47th Duncan Fincher Holley

Johnson McDuffie Moore Overby

Reynolds Skene Tysinger Wasden

On the passage of the bill, the ayes were 42, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1537. By Mr. Larsen of the 102nd:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to change the qualifications of medical or labora tory technicians or aides .who withdraw blood from patients for the purpose of determining the alcoholic centent therein.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Garrard
Gillis , Hamilton Henderson
Herndon

Hill Holloway Howard Hudgins Jackson Kennedy Kidd Langford Lester London McDuffie McGill
Overby Parker Reynolds
Riley

Rowan Salter Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren
Webb Young Zipperer

TUESDAY, FEBRUARY 26, 1974

2511

Those not voting were Senators:

Bell Brown of 47th Duncan

Fincher Holley Johnson

Moore Skene Wasden

On the passage of the bill, the ayes were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the House, defeated on February 21 and re considered on February 26, was put upon its adoption:

HR 574. By Messrs. Adams and Smith of the 74th and others:
A resolution supporting and endorsing the construction of the Spewrell Bluff Dam Project authorized by P. L. 88-233, approved December 30, 1963.

The following amendment offered by Senator Starr of the 44th was adopted by the Senate on February 21, 1974:
Amend HR 574 by inserting a new paragraph immediately preced ing the last paragraph, to read as follows:
"BE IT FURTHER RESOLVED that the General Assembly does hereby respectfully request the Chief of Engineers, U. S. Army Corps of Engineers, to perform an appraisal of the potential for cultural eutrophication of the proposed Spewrell Bluff Lake and to inform the governing bodies of all affected municipalities and counties in the upper Flint River basin of the potential costs of upgrading their sewage treatment facilities in order to protect Spewrell Bluff Lake from cultural eutrophication; and".

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Coggin Cox Dean Fincher Gillis

Henderson Hill Holley Holloway Kennedy

Lester London McDuffie McGill Overby

2512
Reynolds Riley Rowan

JOURNAL OF THE SENATE,

Smalley Smith Summers

Sutton Young Zipperer

Those voting in the negative were Senators:

Barker Bell Broun of 46th Carter Cleland Coverdell ,
Doss Eldridge Garrard

Hamilton Herndon Howard Hudgins Jackson Johnson
Langford Moore Parker

Salter Skene Starr Stephens Tysinger Ward Warren Wasden

Those not voting were Senators:

Ballard Brown of 47th

Duncan Kidd

Thompson Webb

Senator Webb of the llth asked unanimous consent that he be allowed to abstain from voting on HB 574, and the consent was granted.

On the adoption of the resolution, the ayes were 24, nays 26.

The resolution, having failed to receive the requisite constitutional majority, was lost.
Senator Webb of the llth filed the following statement with the Secretary:
"My request for unanimous consent of the Senate that I may abstain from voting on this measure is made because I want no question to arise indicating a conflict of interest. It was suggested to me that the construction of the dam would benefit greatly one of my clients, and since I am retained by that client, I therefore ought to vote for the measure. Accordingly, it is my decision that I should abstain!"

Senator Rowan of the 8th filed the following statement with the Secretary of the Senate:

'

"I (supported) HR 574 because my vote was in error. I have

consistently opposed the construction of Spewrell Bluff, and my

vote today was an error in pushing the wrong button."

TUESDAY, FEBRUARY 26, 1974

2513

The following resolution of the Senate was taken up for the purpose of considering a House substitute thereto:

SR 316. By Senator Coggin of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize the pre-filing of bills by members of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

The House substitute was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the procedure by which the revenue estimate shall be set; 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 IX, Paragraph I(c) is hereby amended by adding at the end thereof the following:
"The General Assembly is hereby authorized to provide by law for the procedure by which the revenue estimate for each fiscal year shall be set. The revenue estimate, as provided in Paragraph II (b) of this Article and Section, shall mean the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year. The above provisions shall become effective on December 1, 1974."
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
( ) NO law for the procedure by which the revenue esti mate shall be set?"
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

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JOURNAL OF THE SENATE,

of the Constitution, it shall become a part of the Constitution of this State.

Senator Coggin of the 35th moved that the Senate disagree to the House substitute to SR 316.

On the motion, the ayes were 35, nays 0; the motion prevailed, and the House substitute to SR 316 was disagreed to.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 1742. By Mr. Howard of the 19th and others:
A bill to make it unlawful for any person to solicit or accept a fee, consideration or donation, or to offer for sale or to sell advertising as a representative of a peace officer organization, or under the guise of representing a peace officer organization, unless such person is em ployed by, or acting pursuant to the authority of, or is a member of such organization.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brown of 47th Carter Cleland Coggin Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson Herndon

Holley Howard Hudgins Jackson Johnson Kennedy Langford Lester London McDuffie McGill Moore Overby Parker Riley

Rowan Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young

TUESDAY, FEBRUARY 26, 1974

2515

Those not voting were Senators:

Ballard Barker Bell Coverdell

Duncan Hill Holloway Kidd

Reynolds Salter Zipperer

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1741. By Messrs. Howard of the 19th, Adams of the 14th and others:
A bill to provide that before an indictment against a peace officer charging such officer with a crime which is alleged to have occurred while he was in the performance of his duties shall be laid before a grand jury, the rights provided in Code Section 89-9908, relating to certain officials, shall be afforded such officer, and such officer shall be notified of such contemplated action by the district attorney of the county wherein the grand jury shall convene.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Hamilton Henderson Herndon

Holley Holloway Howard Hudgins Jackson Johnson Kennedy Langford Lester London McDuffie McGill Moore Overby Parker

Riley Skene Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Voting in the negative was Senator Smalley.

2516

JOURNAL OF THE SENATE,

Those not voting were Senators:

Ballard Brown of 47th Carter Duncan

Gillis Hill Kidd

Reynolds Rowan Salter

On the passage of the bill, the ayes were 45, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1885. By Mr. Howard of the 19th:
A bill to amend Code Section 27-102, relating to the officials who may issue warrants for arrest, so as to provide that any warrant for the arrest of a peace officer for any offense alleged to have been committed while in the performance of his duties may be issued only by a judge of a superior court, a judge of a State court, or, in certain instances, a judge of a court of ordinary.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton

Henderson Herndon Holley Holloway Howard Hudgins Johnson Kennedy Langford Lester London McDuffie McGill Moore Overby

Parker Reynolds Riley Rowan Skene Starr Summers Button Thompson Tysinger Ward Warren Webb Young Zipperer

TUESDAY, FEBRUARY 26, 1974

2517

Those not voting were Senators:

Ballard Duncan Hill Jackson

Kidd Salter Smalley

Smith Stephens Wasden

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1815. By Messrs. Burton of the 47th, Wheeler of the 127th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide certain requirements relative to the certification of teachers, principals and guidance counselors.

The Committee on Elementary and Secondary Education offered the following substitute:
A BILL
To be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, so as to provide certain requirements relative to the certification of teachers, principals and guidance coun selors; 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 known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, is hereby amended by adding a new section between Sections 8 and 9 to be designated Section 8A and to read as follows:
"Section 8A. Course in Education of Exceptional Children, (a) After July 1, 1976, any person granted a certificate as a teacher, principal or guidance counselor, pursuant to Section 8 of this Act, shall have satisfactorily completed a course of five or more quarter hours, approved by the State Board of Education, in the education of exceptional children, or participate in a local system's staff development program designed to assist teachers in the identifica tion of students with special needs.

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JOURNAL OP THE SENATE,

(b) As used in subsection (a) hereof, 'exceptional children' shall have the same meaning as provided by subsection (a) of Sec tion 1 of an Act providing for the education of exceptional children, approved March 7, 1968 (Ga. Laws 1968, p. 120), as now or here after amended."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators

Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Dean Doss Eldridge Fincher Garrard Henderson Herndon

Holloway Howard Hudgins Jackson Johnson Kennedy Langford Lester McGill Moore Overby Parker Reynolds Riley

Salter Skene Smith Starr Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Young Zipperer

Those voting in the negative were Senators:

Cox Gillis

London

McDuffie

Those not voting were Senators:

Ballard Duncan Hamilton

Hill Holley Kidd

Rowan Smalley Stephens

On the passage of the bill, the ayes were 43, nays 4.

TUESDAY, FEBRUARY 26, 1974

2519

The bill, having received the requisite constitutional majority was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 330. By Senator Lester of the 23rd:
A bill comprehensively to govern the treatment of alcoholism and in toxication; to confer necessary powers in the Department of Human Resources to plan, establish, and maintain programs and facilities for treatment of alcoholism and intoxication.

SB 676. By Senators Coggin of the 35th and Garrard of the 37th:
A bill to amend Code Chapter 84-10, relating to the practice of nursing, as amended, so as to provide that the Board of Examiners of Registered Nurses may establish reasonable fees for examinations and licenses.

The House has agreed to the Senate substitute as amended by the House to the following bill of the House, to-wit:

HB 1728. By Mr. Adams of the 36th: A bill to repeal an Act establishing County Planning Commissions in certain counties.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 192. By Senator Fincher of the 54th:

A bill to provide protective and supportive services for adults; to provide

for a short title.

.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

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JOURNAL OF THE SENATE,

SB 712. By Senators Coverdell of the 40th and Garrard of the 37th:
A bill to provide for penalties on ad valorem taxation, under certain conditions, for all counties having a population of 600,000 or more and municipalities lying wholly or partially within such counties having a population of 400,000 or more.

The following resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 658. By Mr. Hays of the 1st:
A resolution authorizing the conveyance of certain State-owned real property located in Union County, Georgia, to the United States; authorizing the acceptance of certain property owned by the United States and located in Union County.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis Hamilton Henderson

Herndon Hill Holley Holloway Howard Hudgins Jackson Johnson Kennedy Langford Lester London McDuffie McGill Moore Overby

Parker Riley Rowan Salter Skene Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Ballard Bell Duncan

Kidd Reynolds Smalley

Smith Young

TUESDAY, FEBRUARY 26, 1974

2521

On the adoption of the resolution, the ayes were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bills of the Senate and House were taken up for the purpose of considering House amendments thereto:

SB 330. By Senator Lester of the 23rd:
A bill comprehensively to govern the treatment of alcoholism and in toxication; to confer necessary powers in the Department of Human Resources to plan, establish, and maintain programs and facilities for treatment of alcoholism and intoxication.

The House amendments were as follows:
Amendment Number 1: Amend SB 330 by striking on Page 17, lines 13 and 14 the words: "the person whose commitment is sought"
and by placing a comma after the word "case" on Page 17, line 17 and
inserting the words: "personally on the person whose commitment is sought,"
and by striking on Page 19, lines 11 and 12 the words "the person whose commitment is sought"
and inserting on Page 19, line 15 after the word "minor" a comma (,)
and the words: "personally on the person whose commitment is sought"
and

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JOURNAL OP THE SENATE,

by striking on Page 22, line 12 the word "shall" and inserting the word "may"

and

by inserting on Page 24, line 15 after the word "intoxicated" the words "or incapacitated"

and

by striking on Page 2 all of lines 19, 30 and 31 and inserting in lieu thereof the following:

"is under the influence of alcohol to the extent that he is incapable of caring for himself or protecting himself due to the consumption of alcohol."

and

by inserting on Page 13, line 28, after the word "examined", the words:

"as soon as practical"

and

by striking the same words in line 30, Page 13.

Amendment Number 2:
Amend SB 330 by inserting on Page 13, line 17, between the words "incapacitated persons."
and
"The policeman"
the following:
"When no emergency medical services are available a person who appears to be incapacitated by alcohol may be taken into protective custody for not more than twelve (12) hours and de tained in such facilities as may be available."

Amendment Number 3: Amend SB 330 by striking Paragraph (b), Section 19 Page 24.

TUESDAY, FEBRUARY 26, 1974

2523

Amendment Number 4:

Amend SB 330 by striking on Page 14, line 20, the words "as prompt ly as possible by mail" and by substituting in lieu thereof the following:

"by telephone if said person reside within the State of Georgia or within one hundred miles of said faculty and by mail if said persons reside elsewhere."

Amendment Number 5: Amend SB 330 by striking on Page 13, line 19 the words "an approved treatment faculty"
and by adding after the word "to" on Page 13, line 19 the words "a facility approved for detention under this Act."

Amendment Number 6:
Amend SB 330 by inserting in the title, following the word "amend" on line 18 of Page 1 the following:
"; to provide for exemptions"
and
by renumbering Sections 21, 22 and 23 as Sections 22, 23 and 24 respectively;
and
by adding, following Section 20, a new Section 21 to read as follows:
"Section 21. All community philanthropic or Christian sup ported nonprofit alcoholic treatment centers which were in opera tion prior to January 1, 1960, shall be exempt from the provisions of this Act. Provided, however, nothing contained within this exemp tion shall preclude any such organization, otherwise qualified from contracting with the Department."

Senator Lester of the 23rd moved that the Senate agree to the amendments of the House to SB 330.

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JOURNAL OF THE SENATE,

On the motion, the ayes were 38, nays 0; the motion prevailed, and the House amendments to SB 330 were agreed to.

HB 1728. By Mr. Adams of the 36th:
A bill to repeal an Act establishing County Planning Commissions in certain counties.

The House amendment to the Senate substitute was as follows:
Amend the Senate substitute to HB 1728: by adding on line 18 on Page 1, after the word "Census", the following:
", except for the phrase 'herein provided for' in line 2 of the new Section 9 which is hereby striken".
By striking on line 2 on Page 2 the figure "2", and inserting in lieu thereof the figure "1".

Senator Coggin of the 35th moved that the Senate agree to the House amend ment to the Senate substitute to HB 1728.

On the motion, the ayes were 41, nays 0; the motion prevailed, and the House amendment to the Senate substitute to HB 1728 was agreed to.

SB 676. By Senators Coggin of the 35th and Garrard of the 37th:
A bill to amend Code Chapter 84-10, relating to the practice of nursing, as amended, so as to provide that the Board of Examiners of Registered Nurses may establish reasonable fees for examinations, licenses, and renewal of licenses.

The House amendment was as follows:
Amend SB 676 as follows:
By adding on line 7, Page 1, after the word and semicolon "age;", the following:
"to change the qualifications of applicants for registration as graduate nurses;".
By striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:

TUESDAY, FEBRUARY 26, 1974

2525

"Section 2. Said Code Chapter is further amended by striking Code Section 84-1008 in its entirety and inserting in lieu thereof a new Code Section 84-1008, to read as follows:

'84-1008. Qualifications of applicants for registration as grad uate nurses; scope of examination.--Each applicant for registration as a graduate nurse shall be at least 18 years of age, of good moral character, a graduate of a regular chartered training school for nurses, connected with a general hospital or sanitorium (in which medical, surgical, obstetrical, and pediatric cases, and where men, women, and children are treated), where three years of training with a systematic course of instruction on the above-mentioned classes of cases is given in the hospital or other educational institu tion, or shall have graduated from a training school connected with a hospital of good standing, supplying a three-years' training cor responding to the above standard, which training may be obtained in two or more hospitals, or shall have graduated from an associate degree program in nursing administered by junior colleges, colleges or universities utilizing hospital and other clinical facilities, such program not to be less than two academic years in length or shall possess a baccalaureate degree in nursing from an accredited college or university. All qualifications of the applicant shall be determined by the State Board of Examiners of Nurses of Georgia, which is empowered to prescribe such examinations for the applicants as will best test their fitness and ability to give efficient care to the sick. All applicants at the same examination shall be subject to the same kind of examination: Provided, however, that the Board of Examiners shall have the power to grant advanced credit, not in any case in excess of 12 months, for didactic and laboratory work done in an accredited college, or for credits, either time or scholastic, earned in an institution other than the one from which graduated.' "

Senator Coggin of the 35th moved that the Senate agree to the House amend ment to SB 676.

On the motion, the ayes were 39, nays 0; the motion prevailed, and the House amendment to SB 676 was agreed to.

SB 192. By Senator Fincher of the 54th:
A bill to provide protective and supportive services for adults; to pro vide a short title; to state the purpose of the Act.

The House amendment was as follows:
Amend SB 192 by striking everything on lines 23 and 24 on Page one and substituting in lieu thereof the following:
"(c) (1) Where persons are receiving services from the De partment of Human Resources or the Department believes that said

2526

JOURNAL OF THE SENATE,

persons are eligible for services, then the Department of Human Resources may receive and investigate reports that said persons

by striking on line 6 on Page two the word "a", and inserting in lieu thereof the word "said";
By inserting on line 10 on Page 2, after the word and symbol "ap pointed,", the following:
"and said person is receiving services or is eligible for services from the Department".

Senator Fincher of the 54th moved that the Senate agree to the House amend ment to SB 192.

On the motion, the ayes were 39, nays 0; the motion prevailed, and the House amendment to SB 192 was agreed to.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1323. By Mr. Adams of the 84th and others: A bill to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights.
The Committee on Highways offered the following amendment: Amend HB 1323 by striking on Page 2, line 3, the following: "two dollars ($2.00)", And by inserting in lieu thereof the following: "Twenty-five dollars ($25.00)".

On the adoption of the amendment, the ayes were 37, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

TUESDAY, FEBRUARY 26, 1974

2527

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Carter Cleland Coggin Cox Doss Duncan Eldridge Fincher Gillis Hamilton Henderson Herndon

Holloway Howard Jackson Johnson Kennedy Langford Lester McGill Moore Overby Parker Reynolds Riley Rowan S alter

Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb
Young Zipperer

Voting in the negative was Senator Dean.

Those not voting were Senators:

Bell Brown of 47th Coverdell Garrard

Hill Holley Hudgins Kidd

London McDuffie Skene

On the passage of the bill, the ayes were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:

HR 682. By Messrs. Mason of the 59th and Wall of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia empowering the Board of Commissioners of Gwinnett County, Georgia, to impose speed limits on all public roads and streets in the unincorpo-

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JOURNAL OF THE SENATE,

rated area of Gwinnett County, to establish weight limits on bridges, on public roads and streets in the unincorporated area of Gwinnett County,
to establish truck routes along public roads in Gwinnett County, to pro hibit the use of public roads and streets by persons operating trucks and other heavy equipment where such operation would tend to endanger the safety of other persons traveling on said roads and streets or may cause damage to the paving, curbing, storm drains, road bed, or other portions of said public roads or streets, to provide for punishment of violators of any duty adopted Gwinnett County Ordinance by a fine for each offense or confinement in the Gwinnett County Jail, or both, with said fine or punishment, or both, to be imposed by the Judge of the Gwinnett County Recorder's Court or any court which may hereafter be created by the General Assembly of the State of Georgia with author ity to impose fines and imprison persons for violation of county ordi nances; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VI, Section I of the Constitution of the State of Georgia of 1945 is hereby amended by adding a new paragraph at the end thereof, to read as follows:
"The governing authority of Gwinnett County is hereby au thorized :
(1) To impose, by ordinance, speed limits on all public roads and streets in the unincorporated area of Gwinnett County.
(2) To impose, by 'ordinance, speed limits and other traffic controls and limitations on all private property used for commercial parking lots connected with business activities where the parking lots provide access to public roads or streets.
(3) To establish, by ordinance, weight limits on bridges, on public roads and streets in the unincorporated area of Gwinnett County.
(4) To establish, by ordinance, truck routes along public roads in Gwinnett County.

(5) To prohibit, by ordinance, the use of public roads and streets by persons operating trucks and other heavy equipment where such operation would tend to endanger the safety of other persons traveling on said roads and streets or may cause damage to the paving, curbing, storm drains, road bed or other portions of said public roads or streets.

(6) To adopt ordinances protecting the health, welfare and safety of the citizens of the county.
(7) To provide for punishment of violators of any Gwinnett

TUESDAY, FEBRUARY 26, 1974

2529

County Ordinance by a fine for each offense not to exceed two hundred dollars ($200.00) or confinement in the Gwinnett County Jail for a period not to exceed sixty (60) days, or both, with said fine or punishment, or both, to be imposed by the Judge of the Gwinnett County Recorder's Court or any court which may here after be created by the General Assembly of the State of Georgia with authority to impose fines and imprison persons for violation of county ordinances.

In the event any phrase, clause, paragraph or portion thereof, of this amendment shall be adjudged invalid for any reason what soever, such adjudication shall in no manner affect the other phrases, clauses, paragraphs or portions of this amendment, which shall remain of full force and effect as if the phrase, clause, para graph, or portion thereof so adjudged invalid was not originally a part hereof."

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 em power the Board of Commissioners of Gwinnett County, Georgia, to impose speed limits on all pub lic roads and streets in the unincorporated area
( ) NO of Gwinnett County, to establish weight limits on bridges, on public roads and streets in the un incorporated area of Gwinnett County, to estab lish truck routes along public roads in Gwinnett County, to prohibit the use of public roads and streets by persons operating trucks and other heavy equipment where such operation would tend to endanger the safety of other persons traveling on said roads and streets or may cause damage to the paving, curbing, storm drains, road bed, or other portions of said public roads or streets, to provide for punishment of violators of any duly adopted Gwinnett County Ordinance by a fine for each offense or confinement in the Gwinnett County Jail, or both, with said fine or punishment, or both, to be imposed by the Judge of the Gwinnett County Recorder's Court or any court which may hereafter be created by the Gen eral Assembly of the State of Georgia with au thority to impose fines and imprison persons for violation of county ordinances?"
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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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 Highway offered the following amendment:
Amend HR 682 by inserting on Page 3, between lines 4 and 5 a new Section to be numbered Section 8, to read as follows:
"This Act shall not apply to any roads under the jurisdiction of the Georgia Department of Transportation."

On the adoption of the amendment, the ayes were 47, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

The resolution, involving a Constitutional amendment, a roll call was ordered by the President, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Holley Howard Jackson Johnson Kennedy Langford Lester McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Stephens Summers Button Thompson Tysinger Ward Webb Young Zipperer

Those not voting were Senators:

Bell Hill ' Holloway Hudgins

Kidd London McDuffie

Starr Warren Wasden

TUESDAY, FEBRUARY 26, 1974

2531

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 712. By Senators Coverdell of the 40th and Garrard of the 37th:
A bill to provide for penalties on ad valorem taxation, under certain conditions, for all counties of this State having a population of 600,000 or more and for municipalities lying wholly or partially within such counties having a population of 400,000 or more.

The House substitute was as follows:
A BILL
To be entitled an Act to provide that ad valorem taxes of all coun ties of this State having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census and of all municipalities lying wholly or partially within such counties having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census shall not be consid ered past due or delinquent when such taxes are the subject of review of the tax liability pursuant to the laws of this State; to provide for the payment of certain taxes pending the determination of the tax liability; to provide for the construction of this Act; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA :
Section 1. This Act shall apply only to those counties of this State having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census and only to those municipalities lying wholly or partially within such counties having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census.
Section 2. No county or municipal ad valorem taxes which are the subject of any arbitration, equalization or other procedure for the re view of ad valorem tax liability allowed by the laws of this State shall be considered delinquent or past due pending the determination of the tax liability, but the taxpayer in any such case shall first pay to the county or municipality to which such taxes are due the amount of taxes

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JOURNAL OF THE SENATE,

which would be due if the assessed valuation of the property subject to tax were the same as that determined for the prior tax year or the amount of taxes which would be due on the portion of assessed valuation which is not in dispute, whichever is greater; provided, however, that a tax payer within ten (10) days of receipt of a tax notice may petition the Superior Court of the county in which the return was made, or the Superior Court of the county wherein the major portion of the munici pality lies, as the case may be, to determine a lower amount to be paid to the county or municipality under this sentence upon a showing that the value of property subject to tax has suffered a sudden, substantial drop due to fire, storm, earthquaker or other similar casualty.

Section 3. This Act shall be cumulative of and supplemental to any laws of this State relative to interest on past due ad valorem taxes or penalties on delinquent ad valorem taxes of the counties and munici palities subject to the provisions of this Act and shall not be construed to repeal any such laws.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Coverdell of the 40th moved that the Senate agree to the House substitute to SB 712.

On the motion, the ayes were 41, nays 0; the motion prevailed, and the House substitute to SB 712 was agreed to.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1765. By Messrs. McDaniell of the 20th and Busbee of the 114th:
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 include real estate brokers and salesmen without the provisions of said Act.

Senator Hudgins of the 15th offered the following amendment:
Amend HB 1765 by striking on Page 1, lines 5 and 6, the words "real estate brokers and salesmen" and inserting in lieu thereof:
"Licensed Real Estate Brokerage Firms".
r
By striking on Page 1, line 22, the words "real estate brokers and salesmen" and inserting in lieu thereof:

TUESDAY, FEBRUARY 26, 1974

2533

"Licensed Real Estate Brokerage Firms".

By striking on Page 2, lines 1 and 2, the words "real estate broker or salesmen" and inserting in lieu thereof:

"Licensed Real Estate Brokerage Firms".

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators

Barker Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Gillis Hamilton Henderson

Herndon Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford
Lester London McGill Moore Parker Reynolds

Those not voting were Senators:

Ballard Bell Garrard Hill

Johnson McDuffie Overby

Riley Rowan Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Wasden Webb Young Zipperer
Salter Skene Warren

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

2534

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 425. By Senator Johnson of the 38th:
A bill to add two additional judges of the superior court to each judicial circuit in counties having a certain population.

SB 441. By Senator Holloway of the 12th:
A bill to require the recording of the Ayes and Nays upon each and every vote taken by each House of the General Assembly on any bill or resolution fixing the compensation of any official except county and municipal officials.

The following general bill of the House, favorably reported by the com mittee, was read the third time and put upon its passage:

HB 1763. By Mr. Matthews of the 62nd:
A bill to amend an Act providing campus policemen and other security personnel of the University System of Georgia with arrest powers for offenses committed upon University System property.

Senator Zipperer of the 3rd offered the following amendment:
Amend HB 1763 by striking from Page 2, lines 11, 12 and 13 the following language:
", but only after written consent of the governing authority of any municipality having police jurisdiction over such property".

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

TUESDAY, FEBRUARY 26, 1974

2535

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Doss Duncan Eldridge Fincher Garrard

Gillis Hamilton Henderson Herndon Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Overby Parker Riley

Rowan Salter Smalley Smith Starr Summers Sutton Thompson Tysinger Ward Warren Wasden Young Zipperer

Those not voting were Senators:

Dean Hill Holley Holloway

Howard Hudgins London Moore

Reynolds Skene Stephens Webb

On the passage of the bill, the ayes were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 425. By Senator Johnson of the 38th: A bill to add two additional judges of the superior court to each judicial circuit in counties having a certain population; to provide for the appointment of the first such additional judges by the Governor.
The House substitute was as follows:
A BILL
To be entitled an Act to add one additional judge to the Atlanta Judicial Circuit; to provide for the appointment of the first such addi tional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge;

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JOURNAL OF THE SENATE,

to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county comprising said circuit; to require each candidate for such judgeship to designate the place for which he is running; to authorize the governing authority of the county comprising such judicial circuit to provide courtrooms, facili ties, jury rooms, chambers, office space, supplies, equipment and per sonnel for said judge; 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. Under and in accordance with the provisions of Article VI, Section III, Paragraph I, of the Constitution of the State of Georgia of 1945, one additional judge of the superior court is hereby added to the Atlanta Judicial Circuit.
Section 2. The additional judge provided by this Act shall be ap pointed by the Governor for a term of office beginning July 1, 1974, and continuing through December 31, 1974, and until his successor is elected and qualified; such judge shall be appointed by the Governor prior to July 1, 1974, and shall take office on that date. His successor shall be elected in a manner provided by law for the election of judges of the superior courts of this State at the general election in November, 1974, for a term of eight years beginning on the first day of January, 1975, and until his successor shall have been elected and qualified. Future successors shall be elected at the general election each eight years there after for terms of eight years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner hereafter provided by law for the election of judges of superior courts of this State.

Section 3. Every person who offers for nomination and election as one of the judges of the superior court for such judicial circuit of Geor gia shall designate with the proper authority in all primaries and with the proper authority in all general elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent.

Section 4. The additional judge of the superior court for such judicial circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges and immunities of the present judges of the superior courts of this State. Any of the judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

Section 5. The qualifications of such additional judge and their successors shall be the same as are now provided by law for all other

TUESDAY, FEBRUARY 26, 1974

2537

superior court judges, and their compensation, salary, and expense allowance from the State of Georgia and from the county of such circuit shall be the same as that of the other judges of the superior court of such judicial circuit. The salary supplements heretofore enacted by the county of said circuit for the present judge shall also be applicable to the additional judge provided for by this Act.

Section 6. All writs and processes in the superior court of such judicial circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law.

Section 7. All writs, processes, orders, subpoenas, and any other official paper insuing out of the superior courts of such judicial circuit may bear teste in the name of any judge of such judicial circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof.

Section 8. The governing authority of the county comprising such judicial circuit is hereby authorized to furnish the judges of said court with suitable courtrooms, jury rooms, chambers and facilities, office space, telephones, furniture, office equipment, supplies and such per sonnel as may be considered necessary to the proper functioning of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such.

Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Johnson of the 38th moved that the Senate agree to the House substitute to SB 425.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the House substitute to SB 425 was agreed to.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in substituting the following bill of the Senate and has appointed a Committee of Conference to confer with a like com mittee on the part of the Senate:

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JOURNAL OP THE SENATE,

SB 506. By Senator Johnson of the 38th:
A bill to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to provide for the taking of an oath; to provide for compensation.

The Speaker has appointed on the part of the House the following members thereof:
Messrs. Nessmith of the 76th, Toles of the 16th and Groover of the 75th.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 709. By Messrs. Levitas of the 50th, Brown of the 34th, Patten of the 123rd and others:
A bill to create the Georgia Development Authority for Housing Finance.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Cox Dean Duncan Eldridge Fincher Garrard Gillis Hamilton

Herndon Holloway Howard Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers Button Tysinger Ward Warren Webb Young

Those voting in the negative were Senators:

Doss

Henderson

Thompson

TUESDAY, FEBRUARY 26, 1974

2539

Those not voting were Senators:

Coverdell Hill

Holley Hudgins Jackson

Wasden Zipperer

On the passage of the bill, the ayes were 46, nays 3.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 441. By Senator Holloway of the 12th: A bill to require the recording of the Ayes and Nays upon each and every vote taken by each House of the General Assembly on any bill or resolution fixing the compensation of any official, except county and municipal officials.
The House substitute was as follows:
A BILL
To be entitled an Act to create the Revenue Estimate Commission; to provide for the composition and duties of such Commission; to provide for other matters relative thereto; 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. Pursuant to Article VII, Section IX, Paragraph I of the Constitution, there is hereby created the Revenue Estimate Commission, to be composed of nine members as follows:
1. The Governor 2. The State Revenue Commissioner 3. The Director of the Office of Planning and Budget 4. The Lieutenant Governor 5. The Chairman of the Senate Appropriations Committee 6. The Chairman of the Senate Banking and Finance Committee 7. The Speaker of the House of Representatives

2540

JOURNAL OF THE SENATE,

8. The Chairman of the House Appropriations Committee 9. The Chairman of the House Ways and Means Committee.

The Governor shall serve as Chairman of the Commission and it shall meet on his call. The Commission shall have the duty of setting the revenue estimate for each fiscal year which estimate, as provided in the Constitution, shall mean the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year. An affirmative vote of at least five members of said Commission shall be required in order to set such estimate. After the General Assembly has convened for the session at which such revenue estimate is to be used in considering the General Appropriations bill for the fiscal year for which such estimate was set, such estimate shall not be changed except by the affirmative vote of at least six members of said Commission.

Section 2. This Act shall become effective on December 1, 1974, in the event a constitutional amendment authorizing the General Assembly to provide by law the procedure by which the revenue estimate is set is ratified at the 1974 general election.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Holloway of the 12th moved that the Senate disagree to the House substitute to SB 441.
On the motion, the ayes were 38, nays 0; the motion prevailed, and the House substitute to SB 441 was disagreed to.

The following bill and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:

HR 230. By Messrs. Evans of the 89th and Atherton of the 19th:
A RESOLUTION
Proposing an amendment to the Constitution so as to expand and to authorize the General Assembly to increase or reduce the purposes for which revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOGIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitu-

TUESDAY, FEBRUARY 26, 1974

2541

tion is hereby amended by striking Paragraph V in its entirety and substituting in lieu thereof a new Paragraph V to read as follows:

"Paragraph V. Revenue Anticipation Obligations. Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State, to provide funds for the purchase or construction, in whole or in part, of any revenueproducing facility which such county, municipal corporation or polit ical subdivision is from time to time authorized by the Act of the General Assembly approved March 31, 1937, known as the 'Revenue Certificate Laws of 1937', as such Act is presently amended or hereafter may be amended by the General Assembly, to construct and operate, or to provide funds to extend, repair or improve any such existing facility, and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, to gether with all necessary appurtenances thereof. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivisions and shall not be deemed debts of, or to create debts against, the issuing political subdivisions within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations is sued to provide funds for the purchase, construction, extension, re pair or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as such Act is presently amended or hereafter may be amended by the General Assembly; and to buy, construct, extend, operate and main tain gas or electric generating distribution systems, together with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation or political subdivision affected, and provided further that a major ity of the registered voters of such county, municipal corporation, or political subdivision affected shall vote in said election, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected; and no such issuing political sub division of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof, except as may be now or hereafter authorized in the Constitution of Georgia.

Provided that after a favorable election has been held as set forth above, if municipalities, counties or other political subdivisions shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county in which the munici pality or political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities."

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JOURNAL OF THE SENATE,

Section 2. If, in addition to the above proposed amendment, other proposed amendments to Article VII, Section VII, Paragraph V of the Constitution are ratified at the general election to be held in 1974, each of such proposed amendments as are ratified shall be given full effect notwithstanding any complete restatement of Article VII, Section VII, Paragraph V set forth in any of the separate resolutions proposing such amendments which might be construed to deny effectiveness to amend ments not specified in the same resolution.

Section 3, 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 ex pand and to authorize the General Assembly to
( ) NO increase or reduce the purposes for which revenue anticipation obligations may be issued by any county, municipality or political subdivision of this State?"

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 Committee on Banking and Finance offered the following amendment:
Amend HR 230 by striking on Page 2, line 4, in its entirety and inserting in lieu thereof the following:
"subdivisions, except as otherwise specifically authorized in this Constitution, and shall not, by virtue of the pledging of revenues of the issuing political subdivision for said purpose, be deemed debts of, or to".

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll was ordered by the President, and the vote was as follows:

TUESDAY, FEBRUARY 26, 1974

2543

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher Gillis Hamilton Henderson

Herndon Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McDuffie McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Ward Warren Wasden Webb
Young Zipperer

Those not voting were Senators:

Garrard Hill

Holley

Tysinger

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 as amended.

HB 1606. By Mr. Murphy of the 18th and others:
A bill to amend an Act creating the Department of Public Safety, so as to change the compensation of certain members of the Department of Public Safety.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell

Broun of 46th Brown of 47th Carter

Cleland Coggin Coverdell

2544
Cox Dean Doss Duncan Eldridge Fincher Gillis Hamilton Henderson Herndon Hill Holloway Howard Hudgins

JOURNAL OP THE SENATE,

Jackson Johnson Kennedy Kidd Langford London McDuffie McGill Moore Overby Parker Riley Rowan Salter

Skene Smalley Smith Starr Stephens Summers Sutton Thompson Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Garrard Holley

Lester Reynolds

Tysinger Young

On the passage of the bill, the ayes were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following local bill was taken up for the purpose of considering a House abstitute thereto:

B 702. By Senator London of the 50th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved Aug. 10, 1920 (Ga. Laws 1920, p. 519), as amended, so as to change the number of members on the board of commissioners.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. Laws 1920, p. 519), as amended, by an Act approved March 30, 1937 (Ga. Laws 1937, p. 1327), an Act approved March 8, 1937 (Ga. Laws 1937, p. 1329), an Act approved March 24, 1939 (Ga. Laws J.939, p. 562), an Act approved March 24, 1947 (Ga. Laws 1947, p. 966), an Act approved February 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2232), an Act approved March 21, 1958 (Ga. Laws 1958, p. 2850), an Act approved February 16, 1962 (Ga. Laws 1962, p. 2149), an

TUESDAY, FEBRUARY 26, 1974

2545

Act approved April 10, 1968 (Ga. Laws 1968, p. 3484), and an Act ap proved April 15, 1969 (Ga. Laws 1969, p. 2641), so as to change the number of members on the board of commissioners; to provide for ap pointment of certain interim commissioners; to provide for the powers and duties of the board of commissioners; to provide for the powers and duties of the chairman of the board of commissioners; to limit the compensation of the county attorney; 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 Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. Laws 1920, p. 519), as amended, by an Act approved March 30, 1937 (Ga. Laws 1937, p. 1327), an Act approved March 8, 1937 (Ga. Laws 193<7, p. 1329), an Act approved March 24, 1939 (Ga. Laws 1939, p. 562), an Act ap proved March 24, 1947 (Ga. Laws 1947, p. 966), an Act approved February 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2232), an Act approved March 21, 1958 (Ga. Laws 1958, p. 2850), an Act approved February 16, 1962 (Ga. Laws 1962, p. 2149), an Act approved April 10, 1968 (Ga. Laws 1968, p. 3484), and an Act approved April 15, 1969 (Ga. Laws 1969, p. 2641), is hereby amended by striking from subsection (a) of Section 1 the word "two" and substituting in lieu thereof the word "four", so that when so amended subsection (a) of Section 1 shall read as follows:

"Section 1. (a) There is hereby created a board of commis sioners of Fannin County to consist of a chairman and four other members to be elected by the qualified voters of Fannin County as hereinafter provided."

Section 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:

"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 four commissioner posts, to be designated post 1, post 2, post 3, and post 4, for the other four commissioners. Candidates for commissioner shall desig nate the commissioner post for which they are offering. All can didates for chairman and commissioner may reside anywhere within Fannin 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 conducted as provided by law for the election of county officers.

(b) The first board of commissioners of Fannin County, as provided herein, shall be elected at the general election held in 1976 and shall take office on the first day of January, 1977, for terms of four 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

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JOURNAL OF THE SENATE,

office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.

(c) Any provisions of this Act to the contrary notwithstanding, the judge of the superior court in Fannin County shall appoint on the effective date of this Act, or as soon thereafter as practicable, a qualified person to fill each of commission posts 3 and 4. Each such person shall serve as a full member of the board until the election and qualification of his successor as provided in subsection (b). The chairman and commissioners filling posts 1 and 2 on the effective date of this Act, together with the commissioners appointed under the provisions of this subsection, shall constitute the board of commissioners of Fannin County until the election and qualifica
tion of their successors as provided in subsection (b).

(d) 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 Fannin County, within 15 days after such vacancy oc curs, 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 vacancy 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 ap point a person qualified for the office of chairman or for commis sioner, as the case may be, for the unexpired term."

Section 3. Said Act is further amended by striking Section 7 in its entirety and substituting- in lieu thereof a new Section 7, to read as follows:
"Section 7. Subject to the provisions of Section 8 of this Act, said Board of Commissioners of Fannin County shall have exclusive jurisdiction and control over the following matters, to-wit: In con trolling 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 hereafter 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 disbursement of funds belonging to the county, and in bringing them to settlement; in providing for the poor of the county; and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county pur poses; 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 maintaining the county chain gang on the public roads or public works of the county as provided by law, such as superintendents, wardens, guards of convicts and district road overseers; in fixing the amount of commutation tax on the number of days work to be performed in lieu of said tax and the fixing the per diem of road overseers as said Board may deem best for the interest of the county; in fixing the time when said commutation

TUESDAY, FEBRUARY 26, 1974

2547

tax shall be paid or the work performed, in trying road defaulters in accordance with law; and to have and exercise all 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 governing authorities of counties, by whatever name called, or as may be in dispensable to their jurisdiction over county matters and county finances."

Section 4. Said Act is further amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8, to read as follows:

"Section 8. The chairman of the board of commissioners is hereby authorized to approve or disapprove all expenditures from the county treasury. Such approval or disapproval shall be within the discretion of the chairman. The treasurer of Fannin 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 and signed by the chairman of the board of com missioners; 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."

Section 5. Said Act is further amended by adding following Sec tion 7 a new Section to be designated Section 7A, to read as follows:

"Section 7A. The county attorney of Fannin County shall receive not more than $2,000.00 per annum as compensation for services rendered as county attorney."

Section 6. 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 702.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the House substitute to SB 702 was agreed to.

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:

2548

JOURNAL OF THE SENATE,

SB 572. By Senator Lester of the 23rd:
A bill to amend an Act revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, so as to provide that guards, wardens or deputy wardens shall have certain police and arrest powers.

The following general bill of the House, favorably reported by the com mittee, was read the third time and put upon its passage:

HB 1897. By Mr. Groover of the 75th:
A bill to amend Code Chapter 91-11, relating to public property, as amended, so as to provide for the use of certain publicly owned utilities by residents of political subdivisions or municipalities wherein the utilities are located.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Hamilton Henderson Herndon

Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore Overby Parker Riley

Rowan Salter Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Webb Young Zipperer

Those not voting were Senators:

Duncan Fincher Garrard Gillis

Hill Holley London

Reynolds Skene Wasden

TUESDAY, FEBRUARY 26, 1974

2549

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolutions of the Senate were read and adopted:

SR 258. By Senator Dean of the 6th: A resolution creating the Alcoholic Beverage Laws Study Committee.

SR 430. By Senator London of the 50th:
A resolution authorizing each member of the Senate to serve as a Com mittee of one.

SR 435. By Senators Holley of the 22nd, Coggin of the 35th and Gillis of the 20th:
A resolution to amend SR 2.

SR 424. By Senators Kidd of the 25th, Overby of the 49th, Broun of the 46th and others:
A resolution commending Mrs. Mildred Saffold.

SR 436. By Senator Johnson of the 38th: A resolution commending and honoring Mrs. Zernona Clayton.

SR 437. By Senators Holley of the 22nd and Lester of the 23rd: A resolution expressing sympathy at the passing of Dr. Lucius H. Pitts.

SR 438. By Senator McDuffie of the 19th:
A resolution commending the members of the Senate Intern Program for the 1974 session of the General Assembly of Georgia.

SR 439. By Senators Gillis of the 20th, McDuffie of the 19th, Cox of the 21st and others:
A resolution expressing regret at the passing of Hugh Dixon.

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JOURNAL OF THE SENATE,

SR 440. By Senator Broun of the 46th: A resolution expressing regret at the passing of James C. Lay.

SR 442. By Senator Johnson of the 38th: A resolution commending and honoring Catharsius, Inc.

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 444. By Senator Johnson of the 38th:
A bill to define and regulate the profession of court reporting; to create a State Board of Court Reporting.

The House has disagreed to the Senate amendment to the following bill of the House, to-wit:

HB 1765. By Messrs. McDaniell of the 20th and Busbee of the 114th:
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 include real estate brokers and salesmen within the provisions of said Act.

Senator Warren of the 43rd stated that the following resolution of the Senate was referred to the Rules Committee on February 18, 1974, and that four days have elapsed since its referral and no report has been made by the Rules Com mittee; he, therefore, requested that under the provisions of Senate Rule 233, the resolution be read and adopted:

SR 401. By Senator Warren of the 43rd: A resolution amending the Rules of the Senate.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

TUESDAY, FEBRUARY 26, 1974

2551

Those voting in the affirmative were Senators:

Carter Coverdell Doss Eldridge Herndon

Howard Langford Rowan Skene Sutton

Warren Wasden Webb Young

Those voting in the negative were Senators:

Ballard Brown of 47th Coggin Cox Dean Fincher Garrard Gillis Hamilton Henderson Hill Holley

Holloway Hudgins Jackson Johnson Kennedy Kidd Lester London McDuffie McGill Overby

Parker Reynolds Riley Smith Starr Stephens Summers Thompson Tysinger Ward Zipperer

Those not voting were Senators:

Barker Bell Broun of 46th

Cleland Duncan Moore

Salter Smalley

On the adoption of the resolution, the ayes were 14, nays 34.

The resolution, having failed to receive the requisite constitutional majority, was lost.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

SB 572. By Senator Lester 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, ap proved Feb. 20, 1956, as amended, so as to provide that guards, wardens or deputy wardens shall have certain police and arrest powers.
The House amendments were as follows:

2552

JOURNAL OF THE SENATE,

Amendment Number 1:

Amend SB 572 by adding a new Section 2 to read as follows:

"The Warden or Superintendent of an institution may authorize an inmate to drive an institutional vehicle if he or she on approval of an application by the Department of Public Safety and the inmate has complied with all rules and regulations of the Dept. of Public Safety relating to a driver's license."

Amendment Number 2:
Amend SB 572 by adding at the end of line 4, Page 2 the words, "as Correctional Officers".
Senator Lester of the 23rd moved that the Senate agree to the House amend ments to SB 572.

On the motion, the ayes were 38, nays 0; the motion prevailed, and the House amendments to SB 572 were agreed to.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1765. By Messrs. McDaniell of the 20th and Busbee of the 114th:
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 include real estate brokers and salesmen within the provisions of said Act.

Senator Hudgins of the 15th moved that the Senate insist upon its amend ment to HB 1765.

On the motion, the ayes were 39, nays 0; the motion prevailed, and the Senate amendment to HB 1765 was insisted upon.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 444. By Senator Johnson of the 38th:
A bill to define and regulate the profession of court reporting; to re quire a certificate of proficiency for each court reporter practicing in the State of Georgia; to create a State Board of Court Reporting and define its powers.

TUESDAY, FEBRUARY 26, 1974

2553

The House amendment was as follows:

Amend SB 444 by striking Section 18 on Page 8 in its entirety and renumbering the remaining Sections accordingly, and by striking the words "to provide for minimum salaries for official court reporters;" from lines 14 and 15 on Page 1.

Senator Johnson of the 38th moved that the Senate agree to the House amend ments to SB 444.

On the motion, the ayes were 36, nays 0; the motion prevailed, and the House amendment to SB 444 was agreed to.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 1495, By Mr. Oxford of the 101st:
A bill to amend Code Chapter 92-40, so as to provide for a uniform determination of fair market value for county and municipal ad valorem property taxation purposes.

Senator Thompson of the 32nd offered the following amendment:
Amend HB 1495 by inserting on line 23 on Page 3, between the words and symbol "used:" and the word "Provided", the following:
"Provided, however, where there are existing municipal and county assessments for any municipality with not less than 19,000 nor more than 20,000 persons according to the United States Decennial Census of 1970, or any future Federal census, located in counties having populations of not less than 190,000 nor more than 400,000 according to the United States Decennial Census of 1970, or any future Federal census, the State Revenue Commis sioner may, for each parcel of property, or class of property, desig nate which of the two assessments shall be used;"

On the adoption of the amendment, Senator Thompson of the 32nd called for the ayes and nays, and the call was sustained.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

2554

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Cleland Cox Fincher Henderson Howard

Jackson Kennedy Lester Moore

Skene Starr Thompson Zipperer

Those voting in the negative were Senators:

Barker Bell Broun of 46th Brown of 47th Carter Coggin Coverdell Doss Duncan Eldridge Garrard Hamilton Herndon

Holley Holloway Johnson Kidd Langford London McDuffie McGill Overby Parker Reynolds Riley

Rowan Salter Smalley Smith Stephens Summers Sutton Tysinger Ward Warren Webb Young

Those not voting were Senators:

Ballard Dean

Gillis Hill

Hudgins Wasden

On the adoption of the amendment, the ayes were 13, nays 37; the amend ment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Bell Broun of 46th Carter Cleland Coggin Coverdell

Cox Dean Doss Duncan Eldridge Fincher Garrard

Gillis Hamilton Henderson Herndon Holloway Howard Jackson

Johnson Kennedy Kidd Langford Lester McDuffie McGill Moore

TUESDAY, FEBRUARY 26, 1974

2555

Parker Riley Rowan Salter Skene Starr Stephens Summers

Sutton Thompson Tysinger Ward Warren Webb Young Zipperer

Those voting in the negative were Senators:

Brown of 47th London

Overby Reynolds

Smalley Smith

Those not voting were Senators:

Ballard Hill

Holley Hudgins

Wasden

On the passage of the bill, the ayes were 45, nays 6.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering a Conference Committee Report thereto:

SB 506. By Senator Johnson of the 38th:
A bill to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to provide for the taking of an oath; to require qualifications for such interpreters; to provide for compensation.

The Conference Committee Report was as follows:
Mr. President: Mr. Speaker:
Your Conference Committee on SB 506 has met and recommends that both the Senate and House of Representatives recede from their respective positions, and that the attached Conference Committee Substi-

2556

JOURNAL OF THE SENATE,

tute to SB 506 be adopted.

FOR THE SENATE
/s/ Leroy Johnson Leroy Johnson Senator, 38th District
/s/ Howard T. Overby Howard T. Overby Senator, 49th District _, _
/s/ Jay C. Cox Jay C. Cox Senator, 21st District

FOR THE HOUSE OF REPRESENTATIVES
/s/ Nessmith of 76th Paul E. Nessmith, Sr. Representative, 76th District Post 2
/s/ E. B. Toles E. B. Toles Representative, 16th District
/s/ Denmark Groover, Jr. Denmark Groover, Jr. Representative, 75th District

Conference Committee Substitute to SB 506:
A BILL
To be entitled an Act to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to pro vide for notice of need and proof of disability; to provide for the furnish ing of qualified interpreters to appointing authorities; to provide for the taking of an oath; to require qualifications for such interpreters; to provide for compensation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Definition. As used in the Act, "deaf person" means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken in a normal conversational tone. The term further includes, but is not limited to, a person who is mute and a person who is both deaf and mute.
Section 2. Deaf person as participant in judicial or administrative proceeding; interpreter to be used.
(a) Whenever any deaf person is a party to or a witness at a proceeding before any grand jury or in any trial court in this State, the court shall appoint a qualified interpreter of the deaf sign language to interpret the proceedings to the deaf person and to interpret his testimony.
(b) Whenever any deaf person is the principal party in interest at a proceeding before any department, board, commission, agency or licensing authority of the State, any political subdivision of the State, or any municipality, the department, board, commission, agency or li-

TUESDAY, FEBRUARY 26, 1974

2557

censing authority conducting the proceedings shall appoint a qualified interpreter of the deaf sign language to interpret the proceedings to the deaf person and to interpret any testimony he may give.

(c) In the event a person who is deaf is arrested for any alleged violation of a criminal law of this State, the arresting officer may interrogate or take a statement from such person provided that such interrogation and answers thereto shall be in writing and shall be preserved and turned over to the court in the event such person is tried for the alleged offense.

(d) For the purposes of this Section, the term "qualified inter preter" means an interpreter certified by the National Registry of Inter preters for the Deaf, Georgia Registry of Interpreters for the Deaf, or, in the event an interpreter so certified is unavailable, an interpreter whose actual qualifications are otherwise appropriately determined. No "qualified interpreter" shall be appointed unless the appointing authority makes a preliminary determination that the interpreter is able to readily communicate with the deaf person and is able to accurately repeat and translate the statements of the deaf person.

Section 3. Notice of need for interpreter; proof of disability. Every deaf person whose appearance before a proceeding entitles him to an interpreter except in a preliminary hearing in a criminal case under the provisions of Section 2 of this Act shall notify the appointing authority of his disability not less than five (5) days prior to any appearance and shall request at such time the services of an interpreter; provided, that where a deaf person reasonably expects the need for an interpreter to be for a period greater than a single day he shall so notify the ap pointing authority and such notification shall be sufficient for the duration of his participation in the proceedings, and provided, further, that whenever a deaf person receives notification of the time of an appearance before a proceeding less than five (5) days prior to the proceeding, he shall provide his notification and request as soon there after as practicable. An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of his disability when the appointing authority has reason to believe that the person is not so disabled.

Section 4. Coordination for interpreters; requests to Department of Human Resources.

(a) The Department of Human Resources is authorized and directed to prepare, and continually update, a listing of qualified and available interpreters as defined in Section 2(d). When requested by an appointing authority to provide an interpreter, the Department shall make all con tacts and do all other things necessary to provide the appointing author ity with the qualified interpreter at the time and place needed.

(b) Whenever an appointing authority receives a valid request for the services of an interpreter, the authority shall request the Depart ment of Human Resources to furnish the authority with a qualified inter preter at a time and place and for a period specified by the authority.

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JOURNAL OF THE SENATE,

Section 5. Interpreters; oath. Before participating in any proceed ings subsequent to an appointment under the provisions of Section 1 of this Act, an interpreter shall make an oath or affirmation that he will make a true interpretation in an understandable manner to the person for whom he is appointed and that he will repeat the statements of such person in the English language to the best of his skill and judg ment.

Section 6. Interpreters; compensation. An interpreter appointed under the provisions of Section 1 of this Act shall be entitled to a reason able fee for his services, such fee not to exceed $50.00 per day of service, together with his actual expenses for travel and transportation. When the interpreter is appointed by a court the fee shall be paid out of general county funds and when the interpreter is otherwise appointed the fee shall be paid out of funds available to the appointing authority.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Johnson of the 38th moved that the Conference Committee report on SB 506 be adopted.

On the motion, the ayes were 29, nays 0; the motion prevailed, and the Con ference Committee Report on SB 506 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 1392. By Mr. Busbee of the 114th:
A bill to amend an Act known as the "Georgia Pesticide Use and Appli cation Act", so as to limit application of surety bonds and liability insurance policies required of applicants for pesticide applicator's licenses.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Broun of 46th Brown of 47th

Carter Coggin Coverdell

Cox Dean Doss

TUESDAY, FEBRUARY 26, 1974

2559

Eldridge Garrard Gillis Hamilton Henderson Holley Holloway Howard Jackson Kennedy Kidd

Langford McDuffie McGill Moore Overby Parker Reynolds Riley Rowan Salter Smith

Starr Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Barker Bell Cleland Duncan Fincher

Herndon Hill Hudgins Johnson Lester

London Skene Smalley Stephens Young

On the passage of the bill, the ayes were 41, 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 agreed to the Senate amendment as amended by the House to the following resolution of the House, to-wit:

HR 786. By Mr. Murphy of the 18th and others: A resolution relative to adjournment by the General Assembly.

The following general bills and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1900. By Mr. Savage of the 30th and others:
A bill to amend an Act creating the Motion Picture and Television Ad visory Committee within the Department of Industry and Trade, so as to repeal a specific section.

2560

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Carter Coggin Coverdell Dean Doss Duncan Eldridge Fincher Garrard Gillis Hamilton

Henderson Holloway Howard Jackson Johnson Kennedy Kidd Langford McDuffie McGill Moore Overby Parker Reynolds Riley

Rowan Salter Skene Smith Starr Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators:

Brown of 47th Cleland Cox Herndon

Hill Holley ' Hudgins Lester

London Smalley
Stephens Young

On the passage of the bill, the ayes were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1395. By Mr. Larsen of the 27th and others:
A bill to create an Environmental Education Advisory Council and to enable and direct the Department of Natural Resources, in conjunction with the Council, to develop a proposed Environmental Education Plan.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 26, 1974

2561

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Carter Cleland Coggin Coverdell Cox Dean Doss Eldridge Fincher Garrard Gillis

Hamilton Henderson Holloway Howard Jackson Johnson Kennedy Kidd Langford London McGill Overby Parker Reynolds

Riley Rowan Salter Skene Smith Summers Button Thompson Tysinger Ward Warren Webb Young Zipperer

Those not voting were Senators:

Brown of 47th Duncan Herndon Hill Holley

Hudgins Lester McDuffie Moore

Smalley Starr Stephens Wasden

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 546. By Messrs. Cole and Foster of the 6th:
A resolution authorizing and directing the State Librarian to furnish certain law books to the judge of the Superior Court of the Conasauga Judicial Circuit.

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 President ordered a roll call, and the vote was as follows:

2562

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Bell Broun of 46th Cleland Coggin Coverdell Cox Dean Doss Fincher Garrard Gillis

Henderson Herndon Howard Jackson Johnson Kennedy Kidd Langford London McGill Moore

Parker Reynolds Riley Skene Summers Thompson Tysinger Ward Warren Webb Zipperer

Those voting in the negative were Senators:

Barker Carter Eldridge

Hamilton Hudgins Rowan

Those not voting were Senators:

Ballard Brown of 47th Duncan Hill Holley

Holloway Lester McDuffie Overby Smalley

Salter Smith Sutton
Starr Stephens Wasden Young

On the adoption of the resolution, the ayes were 33, nays 9.

The resolution, having received the requisite constitutional majority, was adopted.

The following resolution of the House was taken up for the purpose of con sidering a House amendment thereto:

HR 786. By Messrs. Murphy of the 18th and Busbee of the 114th: A resolution relative to adjournment.

The House amendment to the Senate Amendment was as follows:
r
Amend HR 786 by changing the time of adjournment sine die to 9:00.

TUESDAY, FEBRUARY 26, 1974

2563

Senator London of the 50th moved that the Senate agree to the House amend ment to the Senate amendment to HR 786.

On the motion, the ayes were 34, nays 3; the motion prevailed, and the House amendment to the Senate amendment to HR 786 was agreed to.

The following bills and resolution of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1361. By Messrs. Savage of the 30th and Marcus of the 26th:
A bill to amend an Act relating to the revocation and suspension of licenses by the Board of Dental Examiners of Georgia, so as to provide additional grounds for the suspension or revocation of a license; to provide that dentists serving on certain peer or review committees shall not be liable for damages for certain actions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Holloway Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McGill Moore Parker

Riley Rowan Salter Skene Smalley Smith Starr Summers Sutton Thompson Tysinger Ward Warren Webb Zipperer

Those not voting were Senators:

Dean Hill Holley

McDuffie Overby Reynolds

Stephens Wasden Young

2564

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.

HE 570. By Mr. Castleberry of the 96th and others:
A resolution authorizing the Department of Community Development to pay the State's contribution to the Multi-State Transportation Corridor Advisory Board.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coggin Coverdell Cox Dean Doss Dunca Eldridge Fincher Garrard Gillis

Hamilton Henderson Herndon Holley Holloway Howard Hudgins Jackson Kennedy Kidd Langford London McGill Moore Overby Parker Reynolds

Those not voting were Senators:

Hill Johnson

Lester McDuffie

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Warren Webb Young Zipperer
Ward Wasden

On the adoption of the resolution, the ayes were 50, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, FEBRUARY 26, 1974

2565

HB 1801. By Mr. Elliott of the 49th and others:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that drivers, and certain other persons, of motor vehicles involved in traffic accidents on the expressway system of certain standard metropolitan statistical areas shall be required to move such motor vehicles so as not to obstruct traffic under certain conditions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th
Carter Cleland Coggin Coverdell Cox Doss Duncan Eldridge Garrard Gillis Hamilton

Henderson Herndon Howard Hudgins Jackson Johnson Kennedy Kidd Langford Lester London McGill Moore Overby Parker

Reynolds Riley Rowan Salter Smith Starr Stephens Sutton Thompson Tysinger Ward Warren Webb Young Zipperer

Those not voting were Senators:

Dean Fincher Hill Holley

Holloway McDuffie Skene

Smalley Summers Wasden

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate amendments and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:

HB 1765. By Messrs. McDaniell of the 20th and Busbee of the 114th: 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 include real estate brokers and salesmen within the provisions of said Act.
The Speaker has appointed on the part of the House the following members thereof:
Messrs. Egan of the 25th, McDaniell of the 20th and Johnson of the 68th.

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 1765. By Messrs. McDaniell of the 20th and Busbee of the 114th: 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 include real estate brokers and salesmen within the provisions of said Act.
Senator Hudgins of the 15th moved that the Senate adhere to its amendments to HB 1765 and that a Conference Committee be appointed.
On the motion, the ayes were 35, nays 0; the motion prevailed, and the Senate amendments to HB 1765 were adhered to.
The President appointed as a Conference Committee on the part of the Senate the following:

Senators Hudgins of the 15th, Warren of the 43rd and Coggin of the 35th.

TUESDAY, FEBRUARY 26, 1974

2567

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 1829. By Messrs. Bohannon and Patterson of the 64th:
A bill to amend Code Section 88-1725, relating to fees for copies of searches of vital statistics, so as to provide that no charge shall be made for searches of records maintained by the Department of Human Re sources.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Dean Doss Duncan Eldridge Fincher Garrard Hamilton Henderson

Herndon Holley Holloway Howard Jackson Johnson Kennedy Langford Lester London McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Wasden Webb

Those not voting were Senators:

Barker Coggin Gillis Hill

Hudgins Kidd McDuffie

Warren Young Zipperer

On the passage of the bill, the ayes were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

2568

JOURNAL OP THE SENATE,

HB 2004. By Mr. Morgan of the 70th:
A bill to amend Code Section 109A-4-104, relating to definitions under Article 4 of the Uniform Commercial Code, so as to change the definition of the word "item".

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Cox Doss Eldridge Fincher Garrard Hamilton Henderssn

Herndon Holley Holloway Howard Johnson Kennedy Langford Lester London McGill Moore Overby Parker Reynolds

Riley Rowan Salter Skene Smith Starr Stephens Summers
Sutton Thompson Tysinger Ward Webb Young

Voting in the negative was Senator Smalley.

Those not voting were Senators:

Coggin Dean Duncan Gillis

Hill Hudgins Jackson Kidd

McDuffie Warren Wasden Zipperer

On the passage of the bill, the ayes were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 26, 1974

2569

HB 1031. By Mr. Levitas of the 50th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to provide for the reduction of the amount due each local government from the collection of the tax imposed by deducting 1.25% of the amount due for administration and collection of said tax.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Broun of 46th Brown of 47th Carter Cleland Coverdell Dean Doss Duncan Fincher Garrard Gillis

Hamilton Henderson Herndon Holley Holloway Howard Jackson Kennedy Langford Lester London Moore Overby Parker

Those voting in the negative were Senators:

Cox Eldridge

Johnson

Those not voting were Senators:

Coggin Hill Hudgins Kidd

McDuffie McGill Stephens Ward

Reynolds Riley Rowan Skene Smalley Smith Starr Summers Button Thompson Tysinger Webb Zipperer
Salter
Warren Wasden Young

On the passage of the bill, the ayes were 41, nays 4.

The bill, having received the requisite constitutional majority, was passed.

2570

JOURNAL OF THE SENATE,

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 56. By Sentaors London of the 50th and Overby of the 49th:
A bill to amend Code Section 85-406, relating to the obtaining of good title to realty by adverse possession, so as to change the provisions re lating to the obtaining of good title by adverse possession in regard to certain classes of property.

The House substitute was as follows:
A BILL
To be entitled an Act to prohibit certain unauthorized transfers and reproductions of recorded material; to prohibit distribution and sale of such unauthorized transfers and reproductions of recorded materials; to provide certain exceptions; to provide penalties; to provide for other matters relevant thereto; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Recorded Material; Unauthorized Reproductions, Manu facture, Distribution and Sale.
(a) Unless exempt under subsection (c) it is unlawful for any per son, firm, partnership, corporation, or association knowingly to (1) transfer or cause to be transferred any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded onto any other phonograph record, disc, wire, tape, film or article; or (2) sell, distribute, circulate, offer for sale, distribution or circulation, possess for the purpose of sale, distribution or circula tion or cause to be sold, distributed or circulated, offered for sale, distribution or circulation, or possessed for sale, distribution or circula tion, any article, or device on which sounds have been transferred, know ing it to have been made without the consent of the person who owns the master phonograph record, master disc, master tape, or other device or article from which the sounds are derived.
(b) It is unlawful for any person, firm, partnership, corporation or association to sell, distribute, circulate, offer for sale, distribution or circulation, or possess for the purposes of sale, distribution or circulation, any phonograph record, disc, wire, tape, film or other article on which sounds have been transferred unless such phonograph record, disc, wire, tape, film, or other article bears the actual name and address of the transferor of the sounds in a prominent place on its outside face or package.
(c) This Section does not apply to any person who transfers or

TUESDAY, FEBRUARY 26, 1974

2571

causes to be transferred any such sounds (1) intended for or in connec tion with radio or television broadcast transmission or related uses, (2) for archival purposes, or (3) solely for the personal use of the person transferring or causing the transfer and without any compensa tion being derived by the person from the transfer.

(d) Violation of this Section is a felony and is punishable upon conviction by a fine of not more than twenty-five thousand dollars ($25,000.00) for the first offense, and not more than one hundred thou sand dollars ($100,000.00) for a subsequent offense; or by imprisonment for not less than one (1) year or more than three (3) years for a sub sequent offense, or both fine and imprisonment.

(e) This Act shall neither enlarge nor diminish the right of parties to enter into a private contract.

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Henderson of the 33rd moved that the Senate agree to the House substitute to SB 56.
Senator Gillis of the 20th moved that SB 56 be tabled.
On the motion, the ayes were 25, nays 10; the motion prevailed, and SB 56 was tabled.
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 88. By Senator Stephens of the 36th: A bill to amend Code Section 26-2901, relating to carrying a concealed weapon, so as to provide that a firearm which fires only blank cart ridges, cartridges containing only gunpowder and no bullet, and firearms commonly known as "pellet pistols", shall be included in the meaning of "firearm" in said Section.
The following general bill of the House, favorably reported by the commit tee, was read the third time and put upon its passage:

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JOURNAL OF THE SENATE,

HB 1610. By Mr. Levitas of the BOth:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to limit the amount of retail sales and use tax proceeds that may be used to subsidize operations of the transportation system.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell
Broun of 46th Brown of 47th
Carter Cleland Coggin Coverdell Cox Dean Doss Duncan Eldridge Fincher
Garrard Gillis Hamilton

Henderson Herndon Holley Holloway Howard Hudgins Jackson Johnson Kennedy Kidd
Langford Lester London McDuffie McGill Moore Overby Parker

Reynolds Riley Rowan Salter Skene Smalley Smith Starr Stephens Summers Sutton Thompson Tysinger Ward Warren Wasden Webb Zipperer

Those not voting were Senators: Hill and Young.

On the passage of the bill, the ayes were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

TUESDAY, FEBRUARY 26, 1974

2573

HB 1765. By Messrs. McDaniell of the 20th and Busbee of the 114th:
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 include real estate brokers and salesmen within the provisions of said Act.

The Conference Committee Report was as follows:
Mr. President: Mr. Speaker:
Your Conference Committee on HB 1765 has met and recommends that the House recede from its position and adopt the Senate Amendment to HB 1765.

FOR THE SENATE
/s/ George T. Warren Senator, 43rd District
l&l Floyd Hudgins Senator, 15th District
/s/ Frank E. Coggin Senator, 35th District

Respectfully submitted,
FOR THE HOUSE
/s/ Hugh L. MacDaniell Representative, District 20, Post 2
/s/ Rudolph Johnson Representative, District 68, Post 4
Michael J. Egan Representative, District 25

Senator Hudgins of the 15th moved that the Conference Committee Report to HB 1765 be adopted.

On the motion, the ayes were 41, nays 0; the motion prevailed, and the Con ference Committee Report to HB 1765 was adopted.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 88. By Senator Stephens of the 36th:
A bill to amend Code Section 26-2901, relating to carrying a concealed weapon, so as to provide that a firearm which fires only blank cart ridges, cartridges containing only gunpowder and no bullet, and fire arms commonly known as "pellet pistols", shall be included in the mean ing of "firearm" in said Section.

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The House substitute was as follows:

A BILL

To be entitled an Act to amend Code Section 26-2901 relating to carrying a concealed weapon, so as to provide that firearms commonly known as "pellet pistols", shall be included within the meaning of "fire arm" in said Section; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Section 26-2901, relating to carrying a concealed weapon, is hereby amended by adding to said Section the following:

"Firearms commonly known as 'pellet pistols' shall be included within the meaning of 'firearm' in this Section.",

so that when so amended, Code Section 26-2901 shall read as follows:

"26-2901. Carrying a concealed weapon. A person commits a misdemeanor when he knowingly has or carries about his person, outside of his own home, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or other dangerous or deadly weapon or instrument of like character. Firearms commonly known as 'pellet pistols' shall be included within the meaning of 'firearm' in this Section."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Stephens of the 36th moved that the Senate agree to the House sub stitute to SB 88.

On the motion, the ayes were 36, nays 0.

The motion prevailed, and the House substitute to SB 88 was agreed to.

The following message was received from the House through Mr. Ellard, the
Clerk thereof: Mr. President:
r
Please refer to our message of this date with which we transmitted to you Senate Bill 88 which passed the House by substitute. The incorrect substitute was

TUESDAY, FEBRUARY 26, 1974

2575

inadvertently sent with the message. We are hereby transmitting the correct sub stitute to Senate Bill 88 as the same passed the House.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act abolishing the fee system exist ing in the Superior Courts of the Mountain Judicial Circuit as applied to the office of official court reporter in felony cases and providing com pensation and salary for said official court reporter for attendance upon court in felony cases in the Superior Courts and for reporting and tran scribing felony cases, approved March 7, 1960 (Ga. Laws 1960, p. 258), as amended by an Act approved April 8, 1965 (Ga. Laws 1965, p. 645), an Act approved March 19, 1970 (Ga. Laws 1970, p. 332), and an Act ap proved March 31, 1971 (Ga. Laws 1971, p. 316), so as to change the compensation of the 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. An Act abolishing 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 and providing compensation and salary for said official court reporter for attendance upon court in felony cases in the Superior Courts and for reporting and transcribing felony cases, ap proved March 7, 1960 (Ga. Laws I960, p. 258), as amended by an Act approved April 8, 1965 (Ga. Laws 1965, p. 645) an Act approved March 19, 1970 (Ga. Laws 1970, p. 332), and an Act approved March 31, 1971 (Ga. Laws 1971, p. 316), is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof the following:
"Section 2. The salary of the official court reporter of said > judicial circuit shall be the sum of $8,500 per annum, which salary
shall be paid out of the general treasury of each one of the various counties composing said circuit upon the following basis: Habersham County, $2,243; Rabun County, $1,534; Stephens County, $2,243; Towns County, $1,240; and Union County, $1,240. It shall be, and is hereby made, the duty of the county commissioners, or other author ity having control of county matters in said counties, to cause the part or portion of said salary so assessed each of said counties, to be paid to said official court reporter monthly in each year out of the . funds of said counties, and upon the regular county warrants issued therefor; and it is the further duty of said county commissioners, or other county authorities having control of county matters, to make provisions annually when levying and collecting taxes for expenses of courts for the levying and collection of sufficient taxes the portion of said salary chargeable against their respective counties as herein before set forth; and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of $8,500 shall be full payment for all services of said official court reporter in reporting

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and transcribing any criminal proceeding in the Superior Courts or hearings in the Superior Courts of said counties."

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

This substitute was never taken up for consideration by the Senate.

The following bills of the House, favorably reported by the committees, were read the third time and put upon their passage:

HB 1010. By Messrs. Busbee of the 114th and Connell of the 80th:
A bill to amend Code Chapter 88-9, relating to Air Quality Control, so as to delete the provisions providing that certain information obtained by the State under the authority of this Chapter shall not be admissible in evidence in private actions.

The Committee on Natural Resources and Environmental Quality offered the following amendment:
Amend HB 1010 by adding to the title, following the words, "private actions", on Page 1, line 5, the following:
"; to provide that certain information obtained by the State shall not be admissible in evidence in private actions".
and,
by striking the period on Page 1, line 18, and inserting in lieu thereof the following:
"and by inserting in lieu thereof a new Code Section 88-909, to read as follows:
'88-909. Certain Information Not Admissible in Private Actions. Information directly affecting any scheduled air carrier certificated by the Civil Aeronautics Board or any successor agency of the United States obtained by the Board, the Department or their employees or agents as a result of studies, surveys, investigation, reports or from other sources as provided in this Chapter shall not be admissible as evidence in any actions at law or equity involving private rights.' ".

TUESDAY, FEBRUARY 26, 1974

2577

On the adoption of the amendment, the ayes were 0, nays 41, and the amend ment was lost.

Senators Dean of the 6th and Holley of the 22nd offered the following amendment:
Amend HB 1010 by adding to the title, following the words, "private actions", on Page 1, line 5, the following:
"; to provide that certain information obtained by the State
shall not be admissible in evidence in private actions",
and,
by striking the period on Page 1, line 18, and inserting in lieu thereof the following:
"and by inserting in lieu thereof a new Code Section 88-909, to read as follows:
'88-909. Certain Information Not Admissible in Private Actions. Information directly affecting any scheduled air carrier certificated by the Civil Aeronautics Board or any successor agency of the United States and information directly affecting forest products industries obtained by the Board, the Department or their employees or agents as a result of studies, surveys, investigation, reports or from other sources as provided in this Chapter shall not be admissible as evidence in any actions at law or equity involving private rights.' ".

On the adoption of the amendment, the ayes were 42, nays 2, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 1637. By Mr. Coleman of the 102nd: A bill to amend an Act creating the Department of Public Safety, so as to provide that the Commissioner of Public Safety shall formulate and pre-

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JOURNAL OF THE SENATE,

scribe tests, examinations, procedures, rules and regulations under which licenses to operate motor vehicles shall be granted.

Senator Skene of the 27th offered the following amendment:
Amend HB 1637 by striking on Page 1, line 16, the words "to repeal", and by striking line 17 in its entirety and inserting in lieu thereof the following:
"To amend the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 27, 1968 (Ga. Laws 1968, p. 448), so as to authorize the Commissioner of the Department of Public Safety to allow certain persons convicted of operating motor vehicles under the influence of intoxicating liquor or drugs to operate motor vehicles while engaged in their employ ment; to provide the procedures connected therewith; to repeal con flicting laws; and for other purposes."
and by striking Section 6 in its entirety and inserting in lieu thereof the following:
"Section 6. The Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 27, 1968 (Ga. Laws 1968, p. 448), is hereby amended by adding at the end of sub section (g) of Section 47 a new subparagraph (5) to read as follows:
'(5) Notwithstanding the foregoing provisions of this subsection to the contrary, in those instances where it shall be absolutely es sential for the convicted person to operate a motor vehicle in order to earn a livelihood, such person may apply to the Commissioner of the Department of Public Safety for a restricted motor vehicle operator's license. The Commissioner may, in his discretion and without a hear ing, allow the convicted person to obtain a restricted license to operate a motor vehicle for the purpose of working at his regular place of employment. No person shall be entitled to apply for a restricted motor vehicle operator's license under the provisions of this subsection more than one time. If the application is denied, the petitioner shall be entitled to a hearing upon request in writing to the Commissioner. The hearing shall be conducted within fifteen (15) days after the application is denied. The hearing shall be conducted in the same manner as hearings conducted under Ga. Annotated Code Section 92A-602. Before a person shall be granted a restricted motor vehicle operator's license under the provisions of this subsection, he shall comply with all of the requirements for financial responsibility, in cluding restoration fees.
The Department of Public Safety is hereby authorized to promul gate rules and regulations and prescribe fees for the issuance of re stricted motor vehicle operator's licenses.

TUESDAY, FEBRUARY 26, 1974

2579

Any restricted license issued under this subparagraph shall be subject to renewal in the same manner as other motor vehicle licenses.'

Section 7. Any person who uses a restricted license in any manner not authorized by the terms of said license shall be guilty of a misde meanor and upon conviction of said offense shall be sentenced to a man datory sentence of thirty (30) days in the county jail.

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 44, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 44, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.

HB 1963. By Messrs. Rogers and Harden of the 128th:
A bill to authorize each municipal corporation and each county of this State to enter into certain valid and binding contracts to provide indus trial waste water treatment services.

The report 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 2.

The bill, having received the requisite constitutional majority, was passed.
STATE OP GEORGIA OFFICE OF SECRETARY OF STATE
I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the one page of photographed matter hereto at tached contains the names and addresses of those persons (numbered 261

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JOURNAL OF THE SENATE,

through 268), along with the names of the respective persons, firms, cor porations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1974 Session of the Georgia General Assembly as of Tuesday, February 26, 1974, in accordance with Act No. 1294, Georgia Laws 1970. This completes the list of those registered for the 1974 Regular Session.

(Seal)

In Testimony Whereof, I have here unto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 26th day of February, in the year of our Lord One Thousand Nine Hundred and Seventy-four and of the Inde pendence of the United States of America the One Hundred and Ninety-eighth.
/s/ Ben W. Fortson, Jr. Secretary of State

SECRETARY OF STATE STATE CAPITOL ATLANTA 30334
February 26, 1974
Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. Secretary:
I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearance as of February 26, 1974, being numbers 261 through 268, in accordance with Act No. 1294, Georgia Laws 1970. This completes the list of those registered for the 1974 Regular Session.

I am enclosing a complete list, numbers 1 through 268, for your con venience.

With best wishes, I am

Sincerely your friend,
/s/ Ben W. Fortson, Jr. Secretary of State

TUESDAY, FEBRUARY 26, 1974

2581

Enclosures

261. Richard J. Burrell Household Finance Corp. 1977 Farris Drive Decatur, Georgia 30032
262. Miss Mary Alice Juhan Self 152 Clayton Street, N.W. Lawrenceville, Georgia 30205
263. George E. Swanson, Jr. Georgia Bankers Association (Trust Division) Post Office Box 4148 Atlanta, Georgia 30302
264. Thomas M. Linder, Jr. International City Corp. First National Bank Tower Atlanta, Georgia 30305
265. David Rutledge NORML (National Organization for the Reform of Marijuana Laws) Suite 301, 110 E. Andrews Drive, N.W. Atlanta, Georgia 30305
266. Robert H. Forry Georgia Power Company 1500 Candler Building Atlanta, Georgia 30303
267. James W. Haney Home Builders Association of Atlanta Post Office Box 98096 Atlanta, Georgia 30329
268. Milton C. Foster Home Builders Association of Georgia 2830 Mabry Road, N.E. Atlanta, Georgia 30319

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed and adopted by the requisite constitutional majority the following bills and resolutions of the Senate, to-wit:

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JOURNAL OF THE SENATE,

SB 166. By Senator Broun of the 46th:
A bill to provide that it shall be unlawful for members of the General Assembly or any other State Elective or appointive official, while holding office and for one year after leaving office, to accept compensation, gift, favor or anything of value, either directly or indirectly, for appearances before any State Board, Agency, or Commission.

SB 505. By Senators Parker of the 31st and Duncan of the 30th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Douglas Judicial Circuit, to be composed of the County of Douglas; to provide for a judge of the superior court and a district attorney for said circuit; to provide for their election and compensation; to fix the terms of court; to provide for the transfer of proceedings to said court.

SB 631. By Senator Starr of the 44th:
A bill to amend an Act known as the "Cooperative Educational Service Agencies Act", so as to change the provisions relative to financing Co operative Educational Service Agencies.

SB 643. By Senator Stephens of the 36th and others:
A bill to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to provide that certain fraudulent attempts to obtain or the fraudulent obtaining of refunds are unlawful.

SB 698. By Senator Reynolds of the 48th:
A bill to reincorporate the City of Winder in the County of Barrow; to create a new charter for said city.

SR 375. By Senator Langford of the 51st:
A resolution authorizing the conveyance of a certain tract of Stateowned property.

SR 406. By Senator Lester of the 23rd:
A resolution authorizing the State Properties Control Commission to lease certain real property located in Richmond County, Georgia, to the Augusta Association for Retarded Children.

SB 502. By Senator Jackson of the 16th:
A bill designating public and legal holidays in Georgia so as to designate the month of February of each year as "American History Month" in the State of Georgia.

TUESDAY, FEBRUARY 26, 1974

2583

SB 516. By Senator Coggin of the 35th:
A bill to amend an Act revising, superseding and modernizing pretrial, trial and post trial procedures in civil cases, as amended, so as to provide that a motion to set aside shall lie to attack a judgment based upon a lack of jurisdiction over the person or subject matter.

SB 665. By Senator Starr of the 44th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to county and regional public libraries; to provide for distribution of funds directly to such libraries.

SB 685. By Senator Coverdell of the 40th and others:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to change the provisions relative to commissioner districts.

SB 687. By Senator Johnson of the 38th:
A bill to provide for the continuation of community action agencies in the State of Georgia; to establish an administrative office for community assistance in the office of the Governor.

SB 641. By Senator Lester of the 23rd:
A bill to amend Code Section 92-5702, relating to the meaning of "fair market value", as amended, so as to provide that the tax assessors shall consider certain criteria in determining fair market value of real property.

SB 581. By Senator Zipperer of the 3rd:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor", so as to authorize the sale of alcoholic beverages for consumption on the premises in certain counties and municipalities.

SB 555. By Senators Reynolds of the 48th and Kennedy of the 4th:
A bill to amend Code Section 92-1403, relating to the taxation of motor fuel, particularly by an Act known as the "Motor Fuel Tax Law", so as to change the provisions relative to certain exemptions for motor fuel of a type other than gasoline used for non-highway purposes.

SB 471. By Senator Coverdell of the 40th:
A bill to require the Governor to make an annual report to the General Assembly on his administration's policies and goals on certain subjects.

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JOURNAL OF THE SENATE,

SB 159. By Senator Duncan of the 30th:
A bill to add one additional judge of the superior courts of the Coweta Judicial Circuit of Georgia.

The House has agreed to the Senate amendments to the House substitute to the following bill of the Senate, to-wit:

SB 454. By Senators Holloway of the 12th and Webb of the llth: A bill to be known as the "1974 Public Disclosure Act".

The House recedes from its position in disagreeing to the Senate substitute to the following bill of the Senate, to-wit:

SB 441. By Senator Holloway of the 12th: A bill to require the recording of the Ayes and Nays upon each and every vote taken by each House of the General Assembly on any bill or resolution fixing the compensation of any official, except county and municipal officials.
The House has adopted the report of the Committee of Conference on the fol lowing bills of the House and Senate, to-wit:

HB 2075. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an act placing certain of the county officers of Ware County upon an annual salary, so as to change the compensation of the sheriff and ordinary of Ware County.

HB 2078. By Messrs. Dixon of the 126th and Sweat of the 125th:
A bill to amend an Act creating the board of commissioners of Ware County, so as to change the compensation of the chairman of the board.

SB 506. By Senator Johnson of the 38th:
A bill to provide for the use of deaf sign language interpreters in certain administrative and judicial proceedings; to provide for the taking of an oath; to require qualifications.

The House has agreed to the Senate substitutes to the following bills and resolutions of the House, to-wit:

TUESDAY, FEBRUARY 26, 1974

2585

HB 1519. By Mr. Greer of the 43rd:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County", so as to provide for preservation of certain pension benefits by postponing the date for commencement of such benefits.

HR 632. By Mr. Connell of the 80th and others:
A resolution proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county ad valorem taxes, except school taxes, in Richmond County.

HB 2037. By Mr. Dixon of the 126th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Charlton, so as to provide for a five-member board of commissioners.

HB 2087. By Mr. Karrh of the 91st:
A bill to amend an Act placing the Sheriff of Jenkins County on a salary, so as to change the compensation provisions relating to the deputy sheriff.

HB 2069. By Messrs. Waddle of the 98th and Moyer of the 99th:
A bill to amend an Act incorporating the City of Warner Robins, so as so change the corporate limits of said city.

HB 1984. By Mr. Miles of the 79th and others:
A bill to amend an Act changing from the fee to the salary system certain county officers of all counties in this State having certain popula tions, so as to change the compensation provisions relative to employees in the sheriff's office.

HB 2062. By Mr. Connell of the 80th:
A bill to amend an Act creating a Board of Commissioners of Richmond County, so as to add one additional member to the Board of Commis sioners who shall be the chairman of the Board.

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JOURNAL OF THE SENATE,

HB 1815. By Mr. Burton of the 47th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide certain requirements relative to the certification of teachers, principals and guidance counselors.

HB 244. By Mr. Brown of the 89th and others:
A bill to revise, classify, consolidate, and modernize present laws relating to the rules of the road for traffic and to establish new laws relating thereto; to codify such laws as Title 68A of the Code of Georgia of 1933.

The House has adopted the report of the Committee of Conference on the following bills of the House, to-wit:

HB 214. By Mr. Burruss of the 21st and others:
A bill to exempt from all ad valorem taxation for educational purposes levied by any county or independent school district the homestead of any resident of such county or independent school district who is 62 years of age or older and has an income not exceeding $6,000 per annum.

HB 974. By Mr. Duke of the 20th and others:
A bill to declare and give effect to a public interest in setting apart one day of the week as a common day of rest and for other activities beneficial to the public welfare.

The House has agreed to the Senate amendments to the following bills of the House, to-wit:

HB 2006. By Messrs. Wheeler and Grantham of the 127th: A bill to amend an Act creating a new charter for the City of Alma, so as to change the provisions relating to salaries of certain municipal of ficers.
HB 2067. By Mr. Groover of the 75th: A bill to create a new board of commissioners of Jones County; to provide for the composition, powers and duties of said board and for the election of the members thereof.

HB 1908. By Mr. Miles of the 79th and others: A bill to fix the compensation of the ordinaries in certain counties and

TUESDAY, FEBRUARY 26, 1974

2587

to provide for the employment and compensation of personnel within such ordinaries' offices.

HB 1666. By Mr. Connell of the 80th:
A bill to amend an Act providing for the permanent tenure for certain officers and employees of Richmond County, so as to exempt certain officers and employees from the operation of the Act; to provide for rules of probation of present officers and employees affected by the Act.

HB 1012. By Mr. Atherton of the 19th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to authorize counties and certain municipalities to levy a local sales and use tax.

HB 1011. By Mr. Atherton of the 19th:
A bill to authorize counties and certain municipalities to levy a local income tax; to provide for the administration and collection of such taxes.

HB 1010. By Messrs. Busbee of the 114th and Connell of the 80th:
A bill to amend Code Chapter 88-9, relating to Air Quality Control, so as to delete the provisions providing that certain information obtained by the State under the authority of tl/; chapter shall not be admissible as evidence in private actions.

HR 230. By Messrs. Evans of the 89th and Atherton of the 19th:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to expand the purposes for which revenue anticipation obligations may be issued by any county, municipal corpora tion or political subdivision of this State.

HB 1763. By Mr. Matthews of the 62nd:
A bill to amend an Act providing campus policemen and other security personnel of the University System of Georgia with arrest powers for offenses committed upon University System property, so as to provide that the campus personnel of the University who are regular employees of the University shall have the power to make arrests for offenses committed upon any public or private property within fivr hundred yards of any property under the jurisdiction of the Board of x.?gents of the University System of Georgia.

HR 682. By Messrs. Mason of the 59th and Wall of the 61st:
A resolution proposing an amendment to the Constitution empowering the Board of Commissioners of Gwinnett County to impose speed limits on

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JOURNAL OF THE SENATE,

all public roads and streets in the unincorporated area of Gwinnett County, to establish weight limits on bridges, on public roads and streets in the unincorporated area of Gwinnett County.

HB 1342. By Messrs. Harris of the 51st and Patten of the 124th:
A bill to regulate the practice of speech pathology and audiology; to create the Board of Examiners for Speech Pathology and Audiology.

HB 1323. By Mr. Adams of the 84th and others:
A bill to amend an Act providing that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights, so as to authorize and direct the Commissioner of the Department of Public Safety to issue rural mail carriers lifetime permits to display two amber colored flashing lights on any vehicle ope rated by them for the purpose of delivering mail.

The House has adopted the following resolution of the Senate, to-wit:

SR 427. By Senator Gillis of the 20th:
A resolution urging the State of Georgia and the Department of Of fender Rehabilitation to convey certain State-owned real property located in Montgomery County, Georgia.

Senator McDuffie of the 19th, Chairman of the Committee on Senate Admin istrative Affairs, submitted the following report:

Mr. President:

Your Committee on Senate Administrative Affairs has read and examined the following bills and resolutions of the Senate, and has instructed me, as Chair man, to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 513.

SB 11.

SB 496.

SB 16.

SB 646.

SB 23.

SB 480.

SB 38.

SB 576.

SB 102.

SB 623.

SB 117.

SB 624.

SB 151.

SB 707.

SB 153.

TUESDAY, FEBRUARY 26, 1974

2589

SB 176. SB 178. SB 187. SB 246. SB 292. SB 295. SB 420. SB 429. SB 430. SB 579. SB 597. SB 440. SB 454. SB 455. SB 459. SB 461. SB 469. SB 472. SB 476. SB 477. SB 487. SB 503. SB 504. SB 507. SB 520. SB 521. SB 522. SB 529. SB 530. SB 533. SB 535. SB 537. SB 538.
SB 542.

SB 551. SB 560. SB 567. SB 574. SB 582. SB 585. SB 600. SB 495. SB 566. SB 612. SB 615. SB 625. SB 627. SB 632. SB 654. SB 657. SB 662. SB 663. SB 667. SB 668. SB 669. SB 678. SB 679. SB 692. SB 694. SR 283. SR 284. SB 700. SB 701. SB 702. SR 85. SR 110. SR 322.
SR 329.

2590
SR 336. SB 685. SB 101. SB 135. SB 192. SB 227. SB 326. SB 330. SB 412. SB 425. SB 441. SB 444. SB 450. SB 451. SB 672. SB 681. SB 81. SB 85. SB 159. SB 166. SB 471. SB 482. SB 483. SB 485. SB 489. SB 494. SB 498. SB 500. SB 502. SB 505. SB 506. SB 512. SB 516.
SB 555.

JOURNAL OF THE SENATE,

SB 562.

SB 572.

SB 587.

SB 664.

SB 676.

SB 528.

SB 558.

SB 563.

SB 564.

SB 581.

SB 584.

SB 602.

SB 605.

SB 608.

SB 613.

SB 631.

SB 634.

SB 641.

SB 643.

'

SB 704.

SB 645.

SB 648.

SB 649.

SB 658.

SB 659.

SB 665.

SB 674.

SB 687.

SB 706.

SR 357.

SR 358.

SR 359.

SB 698.

SB 708.

SB 712. SB 713. SB 716. SB 715. SB 718. SB 719. SB 720. SB 721.

TUESDAY, FEBRUARY 26, 1974

2591

SB 724. SR 27. SR 375. SR 394. SR 406. SB 87. SR 301.

Respectfully submitted, McDuffie of the 19th District, Chairman.

Pursuant to the provisions of HR 786, the President announced the Senate adjourned sine die at 9:13 o'clock P. M., February 26, 1974.

2592

JOURNAL OF THE SENATE,

Senate Journal Index 1974
Regular Session

INDEX

2595

PART 1

ALPHABETICAL SECTION

A

Aaron, Honorable Hank; inviting to attend Session of Senate, SR 319 ...._...........371

Aaron, Henry; commend, SR 265 ..........

....... ................................. 92

Aaron, Henry; remarks, ____.__.._...._..__.. .............._.........._... .............. ....__...... .......371

Abandonment of Minor Children; change penalty, SB 435. .... 46, 331, 364, 399

Abney, Anna Louise; congratulate on birth, HR 527 ... ...... ......_........._.... 266, 280

Absentee Voting; revise procedures, HB 1310.... .. 419, 427, 919, 924, 1027, 1145,

1241, 1283

Abused Children; additional persons required to

report cases, SB 17G .. ...... ....

................ . ..... .. ....... 2049, 2087, 2589

Accident Reports; change provisions for making by law

enforcement agencies, HB 1327 . ...

.

1115, 1123, 1821, 1823

Accidents on Highways; vehicles must be moved

by driver, HB 1801

... .... . ... .

1117, 1125, 1324, 1329, 2565

Ad Valorem Tax; city tax assessors use county

assessments to establish fair market

value, HB 1495 . .. ...................... 823, 831, 1786, 1794, 2067, 2216, 2553

Ad Valorem Tax; exclude retirement or

disability benefits as income, HR 439 .... ... ... .. 678, 683, 833, 834, 933, 985

Ad Valorem Tax; exempt agricultural products,

certain cases, HR 540 ..!. ..

............. 739, 753, 1006, 1015, 1242, 1281

Ad Valorem Tax; exempt certain property in transit, SR 124....

............._..25

Ad Valorem Tax; exempt historical property,

SR 293 ... . ... ..... ... . 270, 362, 389, 479, 617, 662, 674, 843, 879

Ad Valorem Tax for Education; homestead

exemption for 62 year olds, certain income,

HB 214 . .

676, 680, 917, 930, 1027, 1145, 1241, 1261, 1439,

1454, 1575, 1622, 2503, 2586

Ad Valorem Tax for Schools; increase homestead exemption,

SR 5 ............

......... .. ....... .... .. ...... No action in 1974

Ad Valorem Tax; homestead exemption, SR 313

.

..382

Ad Valorem Tax; homestead exemption for disabled

persons, SR 22 . .. ...... .. ..

. . ............ . ....... No action in 1974

Ad Valorem Tax; homestead exemption on school taxes,

62 years, income under $6,000, SB 593 . .... ... 358, 602, 613, 768, 843, 872

Ad Valorem Tax; increase homestead exemption, SR 23 .

No action in 1974

Ad Valorem Tax, Inventories; allow separate classification,

SR 55 . . .......

..................

. .. .... . ... No action in 1974

Ad Valorem Tax; mobile homes treated as separate class,

SR 100 . . ..........

...............

.... No action in 1974

Ad Valorem Tax; property used for food or cotton

production separate class, SB 491 .. . .......... ...... 107, 917, 929, 1026, 1028

Ad Valorem Tax Relief Study Committee; create, SR 155 .. ... No action in 1974

Ad Valorem Tax; returns for industrial property, SR 335 .... ..............._....._.... 537

Address, Governor Jimmy Carter

................ . .............. ........... 37, 95

Adequate Program for Education in Georgia (APEG) ;

provide, SB 672

....... 826, 920, 923, 1027, 1145, 1241, 1384, 1396,

2182, 2225, 2590

Adjournment, General Assembly; from Feb. 21 to Feb. 26, HR 757 2117, 2125

2596

INDEX

Adjournment, General Assembly; sine die Feb. 26, HR 786....2270, 2487, 2559, 2562

Adjournment of General Assembly by Governor .......___________._._______________.___.2163, 2222 Administrative Procedure Act; redefine agency, SB 179..........._......_.......90, 111, 372 Administrators, Guardians; same right of reinvestment as
executors and trustees, SB 312 __..... ......_.__..__.._..........._.._...... No action in 1974 Administrators, Sales; procedures, SB 151 ..........._............._..... 2049, 2094, 2588 Admissible Evidence in Private Actions; relating to
Air Quality Control, HB 1010 __........._.............__..___......_........ 30, 2052, 2576, 2587 Adoption Law; parents' consent not required if not supporting,

SB 237 .................... ....No action in 1974 Adoption; parents voluntary consent under Juvenile Court Code, HB 506 _....... 57 Adoption of Child; parents voluntarily consent, SB 193 .....-_...... No action in 1974 Adults, Protective Services; provide, SB 192 ...431, 465, 932, 938, 2519, 2525, 2590 Adverse Possession, Mineral Rights; provide for title, SB 56----.._.--......_. 2271, 2570 Advertisements, Legal Newspaper; change provisions for
preservation by courts, HB 70..--__.__..._.......__._._.._.._................. ............ ... ....57, 356

Aggravated Assault Against Law Enforcement Officer;

minimum bail, SB 386---.,,.....,,..___.....,,..__.

.......... .........110

Agricultural Commodities Promotion Act, Georgia;

compensate peanut producers for those not

qualified for marketing, HB 1554 __..__..._..__.____.738, 747, 1006, 1014, 1859, 2016

Agricultural Commodity Purchase Contract; invalid without performance bond, SB 492......________..____._.___._____..._.___________...__ .._............ 107

Agricultural Products; exempt from ad valorem tax, certain cases, HR 540 ...................739, 753, 1006, 1015, 1242, 1281

Agricultural Spreaders; width requirements, HB 1373 _...--_._______._._.___________..___......_____.__.._.823, 830, 1010, 1017, 1613, 1620, 2050
Agriculture Department; commemorate 100th anniversary, HR 688 ........1199, 1226 Agriculture Department; Division of Consumer
Affairs, create, HB 1505 .............._.............___.1439, 1570, 1789, 1796, 2216, 2374 Agriculture Department; Division of Marks and
Brands, establish, HB 1262 _._...._...__.._._....._..__. 2-64, 273, 429, 467, 557, 617, 666 Agriculture Department; joint session to commemorating
centennial anniversary, HR 684 ................... ..1043, 1142, 1144 Agriculture Department; license pecan processors and
wholesalers, HB 1402 ......__._............_._._... ............381, 384, 429, 467, 557, 565, 678 Aiding Escape; change penalty, HB 1695.................... - .. .. ....1861, 1967, 2096, 2152 Air Quality Control; admissible evidence in private
actions, HB 1010 _............_..._......_.._......._._.._.._................. 30, 2052, 2576, 2587 Airlines, Railroads; make tax returns to county tax
authorities, SB 224 ___..__________..______._._.____________..__.______.______...._______.._.No action in 1974 Airports, Public; Transportation Department license, SB 250...._.. No action in 1974 Albany City Court; change to State Court of
Dougherty County, HB 2014 ................................. 1301, 1313, 1588, 1596, 1825 Alcohol Blood Tests; qualifications of laboratory
technician, HB 1537 ....................................... 1578, 1582, 2052, 2053, 2216, 2510

Alcohol Breath Test, Drivers; changes provisions and suspension procedures, HB 247 .........._._............_........_....... .. ..............__.._.......27

Alcoholic Beverage Laws Study Committee; create, SR 258 ............... 53, 2129, 2549

Alcoholic Beverage Sales by Drink; counties and cities levy tax, HB 750....................................................... .1786, 1793, 2066, 2216, 2250

Alcoholic Beverage Sales; change provisions for employment of persons under 18, SB 551 __.__.267, 606, 610, 703, 706, 1813, 2589

Alcoholic Beverage Sales; mechanical dispensing devices allowed, SB 253 ..........................._._._....................._............................... 23

INDEX

2597

Alcoholic Beverages; airlines, passenger trains

sell in small containers, HB 1844 ______________ 1110, 1111, 1792, 1799, 1859, 1999

Alcoholic Beverages, Contraband; proceeds from

condemnation of vehicles used in transporting, change

distribution procedures, SB 217 _.-..____ _._.._..... ......_......_._._._.__..._..... 331, 364, 408

Alcoholic Beverages; increase quantity possessed in

any county, HB 1848 ________________________________________ 1155, 1187, 1792, 1800, 2216

Alcoholic Beverages; increase quantity sold by

retail licensee, HB 1847 .. ..........._._............_......_..___.___ 1110, 1111, 1800, 2216

Alcoholic Beverages; procedure for reissuing license and

fee for initial application, HB 1846 _________ 1110, 1111, 1793, 1798, 1859, 2001

Alcoholic Beverages; provide for State licenses and

fees, sales by drink, HB 1845 ____________ _________ 1110, 1111, 1793, 1798, 1859, 2000

Alcoholics, Drug Dependent Persons, Emergency

Hospitalization; change examination procedures,

SB 563 ____..______._______________...______________________________269, 431, 467, 556, 576, 2175, 2590

Alcoholics, Drug Dependent Persons; emergency

hospitalization procedures, SB 381 ._________,,.,,--_________ ______..._ No action in 1974

Alcoholism; facilities and programs for treatment,

SB 330 __ ___________________________________ _________________ ___.149, 172, 236, 2519, 2521, 2590

Alcoholism Treatment; included in group hospitalization

insurance, SB 347 _________ ______________ .... _____________ _____________ No action in 1974

Alcovy Judicial Circuit; change provisions relating to

grand juries, HB 1789 ________________________________ .... 821, 828, 1324, 1332, 1613, 1624

Alcovy Judicial Circuit Judge; supplement salary, HB 293 ______.___._._....756, 766, 835

Alcovy Judicial Circuit Superior Court Judge;

supplement salary, HB 295 __________________ _. _________ _________________.756, 766, 839, 1368

Alien's License to Practice Medicine; one

year residency, HB 951 _ __________________ ________________ ___ ____ 87, 89, 233, 278, 320

Alimony, Divorce; revise Code Section, SB 316 _........................_____No action in 1974

Alien, James Melvin, Jr.; regrets at passing, SR 352

__...____......731

Alma Officers; compensation, HB 2006 __________ 1300, 1312, 1587, 1604, 1849, 2586

Alpharetta; maximum fines and jail sentences,

HB 1678 _____ ........................... ______________________ 1113, 1120, 1586, 1600, 1829

Alto, Georgia, Georgia Industrial Institute; relative to, SR 411 .... 1814, 2129, 2172

Aluminum Ore from Kaolin; bonus for first plant, SR 148 ___.__.... ......_..._..._._______.34

Aluminum Ore Produced from Kaolin; authorize

payment to first company in Georgia,

HR 259 ____________ _____ _______________ 533, 539, 685, 691, 768, 933, 979, 1200

Alvarez, Jimmy & Keith Mohler; commend, SR 353 ___________________________________________ 841

Ambulance Service; change period for provisional licenses, SB 568 ._.._._..__.__..... 297

Ambulance Service; provide for payment for paupers,

HB 1761 ...... ________ ............................................_._._._._...1812, 1818, 2051, 2054

Ambulance Service Study Committee; create, SR 299.__________________________________________ 298

Ambulance Services Act-; enact, SB 650 _ ______________ _ .. ................ ..............679, 1008

American History Month; designate month of February each year for observance, SB 502 __ ___ 148, 275, 304, 346, 2582, 2590

Americus; off-street parking facilities, HB 1786______________736, 752, 1127, 1134, 1234

AMTRAK between Atlanta and Savannah; urge, SR 333 .. 536, 758, 763, 933, 981

Anatomical Gift Act; amend to provide definition of death, SB 673 ___________________________________________________________ 826, 920, 923, 1145, 1185

Anatomical Gift Act; amend to provide for notation on driver's license of donors, SB 599 _ ____________________ 381, 685, 689, 768, 933, 940

Animal Disposal Act, Dead; Transportation Department to remove carcasses found on highway rights-of-way, HB 1038 ..____-30, 110, 158

2598

INDEX

Animals, Cruelty to; prohibit sale of certain animals

as pets or novelties, HB 1600 ................... - ........... 1575,1583,2130,2153

Animals, Pets; veterinarian or boarder have lien for

payment of charges. SB 668 ... ... ... 744, 1006, 1013, 1145, 1167, 1739, 1813,

2007, 2589

Annexation; prohibited unless majority of residents agree,

cities of certain population, SR 70.

... .. . ..... ..... ._ . ..

25

Annual Peach Bowl Classic and Lions Club of Ga.; commend, SR 395 ... .. 1355

Apartment Ownership Act; approval for recording' of

certain instruments, SB 247 ...

. . . ...... . . No action in 1974

Apartment Ownership Act; contents of deeds or subleases, HB 1238 532, 537

Appeal by State, Limited Right; certain judgments in

criminal cases, SB 28 . ............. .. ...... ...... No action in 1974

Appeals, Interlocutory; provide for upon petition to

Supreme or Appellate Courts, SB 29 .........

.

No action in 1974

Appeals, Interlocutory; upon petition to appellate

courts, SB 443 . ..

..... . .... ... .

48, 387, 435, 478, 479

Appling County; governing authority tax power and

expenditure of funds for business development,

HR 563 .....................

........ .. . ..... . . .... ..... . 458, 463, 603, 609, 700

Appling County Small Claims Court Judges; term

of office, HB 2098 . .........

. ... .

1965, 1970, 2127, 2158, 2207

Appointments by Governor... .....

...

482, 1084, 1356, 2005, 2110

Appointments:

Altaian, Mrs. Shirley K. ...........

.

..

. ..

1357, 2111

Andrews, Honorable Joe T. .. . ..... ..

.

...

.. 488, 1086

Anthony, Mrs. Susan .... ... .

..

...

490, 1086

Antonette, Sister M. ...............

.

..

.

487,1086

Atkins, Honorable William A. .

...

489, 1086

Balk, Honorable Robert ... .. .... .. .. . . .... ..

483, 1086

Bannister, Honorable Bruce .... ......

. ...

1357, 2111

Bates, Honorable James E. . ..

... .

482, 1086

Beck, Honorable James .......... .... .

.

494,1086

Bell, Judge Hal ... . .............

.. .... . .

.

486,1086

Bess, Honorable John C. .

.. ....

....

485, 1086

Bishop, Honorable Brice .

484, 1086

Bishop, Honorable James A. ....

495, 1086, 1088

Blackshear, Honorable C. Dan .......

.

1358, 2111

Blalock, Honorable R. L. "Bob" ...............

.. .

484,1086

Bloodworth, Honorable Jimmy E. . .

.

. . . 488, 1086

Blum, Mrs. Barbara .......

495, 1086

Brackett, Honorable David .....

491, 1086

Brookbank, Honorable Thomas H. ... . .. .. .

.. .

482, 1086

Brown, Honorable Bernard L., Jr. ..

.... 488, 1086

Brown, Honorable George T. ... .

491, 1086

Bullock, Honorable George ...

.... .

1357,2111

Burnette, Honorable Harvey D., Jr. ... . ... ...

...

..... 483, 1086

Burruss, Honorable Edward H. "Red"

.... 493, 1086

Cardwell, Reverend Albert ........ . .

1357, 2111

Carter, Dr. J. A... ...........

...

.

485,1086

Carter, Honorable Donald J. . .......... . ........... ........ ..... 487, 1086

Chandler, Dr. John

..........

.....

1358,2111

Chanin, Mrs. Leah .................................. ..........

..

1358,2111

Chastain, Honorable T. Z. ....

.

. . .. 483, 1086

INDEX

2599

Appointments:

Clarke, Honorable Clifford M........ .................. .... .................. 483, 1086

Clifton, Honorable P. E. (Pete) ......... ................... .................. _______489, 1086

Coleman, Honorable Emmett L. ................._......._.. ......_....___._._........_ 489, 1086

Coleman, Honorable Wade ....... .. ................ ...........................487, 1086

Cone, Honorable James D. ... . _________ _ ........ _____________________ 493, 1086

Corn, Honorable Amon ________ ______________________________________________ 490, 1086

Costen, Mrs. Pat Swain _____

_. __

_. . _______ .........._......_._.... 489, 1086

Crane, Honorable Jack . _________ _____ ..__.___________. ........ . ... ------489, 1086

Craven, Honorable Terrell D. _______________.............................----------489, 1086

Crawford, Mrs. Drucilla A. _______ ____._..... ...... ______ . ___________ 495, 1086

Crenshaw, Honorable Albert D. . _. .... ________ _ _____ ______ ----------491, 1086

Davis, Dr. E. D.

__________ .._._________._______._....______.____.._..______ 491, 1086

Dawson, Honorable Harold A.

______ ..____ .__

___________ 2005, 2111

Deriso, Mrs. Rosella . .. _..___..._.__

...._._.__.___... .._.____.____.._.._. .----488, 1086

Dillon, Honorable John B. F., Jr. ._______... ______ _______ _________----_...489, 1086

Dilworth, Honorable Billy __ ...

_______ ._ .... ..__._._..________.______.. 1357, 2111

Dixon, Honorable Hugh ....

_

................. .......... ____________485, 1086

Dorsey, Honorable James D. _____

_______

.._______.__.________. 1358, 2111

Dowling, Dr. Glenn _______

...._........... .._._._.____............._...._ 489, 1086

DuBose, Honorable Sam

_ .....

.............. ........._............. 482, 1086

Durden, Honorable James C. ------------------------------ 495, 1086, 1090

Eavenson, Honorable L. Chandler ______ __

____________________________ 490, 1086

Ector, Honorable Howard ____________ _____....._____.... ._.__.________.__.___.___.487, 1086

Ellington, Honorable John E. "Jack" __...._.._.__.. .............. ............--486, 1086

Ellis, Honorable W. Marcene _____ .. . .................. .._.......__......._.._.. 494, 1086

Eubanks, Honorable Robert J. ..................._..._._......... .................._._._.491, 1086

Fallin, Honorable Billy G. _________

________ ....... ........._................. 484, 1086

Farr, Honorable Walter F., Sr. ........... .... ......... . .................. 484, 1086

Farrell, Ms. Phyllis _.__ .................... . .............._... ...._._._._._._...........___484, 1086

Flagler, Honorable T. T., Jr._

........... __.____.__. ........._......._........_..--483, 1086

Followill, Judge Kenneth B. ........._......... . ....._........ ...___............_._.. 486, 1086

Foote, Honorable Leonard _______

_________________ ________________------487, 1086

Fowler, Honorable Dean ...

.........._........ .... ......._........ .........486, 1086

Friedman, Mrs. Stanley

. . .._....._....__.... .... __. _____ _ ....... __ .... _______ 1357, 2111

Gary, Honorable Arch . ______ __ .. _______________________

_ . ----------491, 1086

Gaston, Honorable Hugh ___._._.

............_............ .........._............ 486, 1086

Gay, Honorable John ...

.... ________

_____ _________ ....1358,2111

Girardeau, Dr. Joseph L. . _

______ . .... ................1357, 2111

Graves, Mrs. Amilee ..........

.................. ...._...._..........__..487, 1086

Gray, Judge J. Bowie

............................................. ....._........_....._._.--486, 1086

Grice, Honorable Bill E. ........................ ................. _.. - ..----485, 1086

Grogan, Honorable Lee R.

. . ......_................ ....................... 489, 1086

Gunter, Justice William B. ................ _________ ............. ... --486, 1086

Guy, Honorable Joe N. _____ ........._..._._.._..._...__.................._..__._.__._....__.......485, 1086

Hair, Mrs. R. M. .. .. .

..... .............. . ...........................484, 1086

Hall, Judge Robert II.

.............. ...... ........ __ _. ......... 486, 1086

Hampton, Honorable G. Sidney ....

................ .

.................1358, 2111

Harrell, Honorable Ronald E. _ ............................... ......_....._......._.... 484, 1086

Haugen, Honorable Willis .._ __ .... _

_. ______ .... ............ _____ 1359, 2111

Hawes, Honorable E. Wilson ________ .................... _........ _____..... 1357, 2111

Hawkins, Honorable B. L. .... ___. ........_............ --------------2005, 2111

Hawkins, Honorable Herbert C. _. ........... . . . . .. ...........___._._._._.... ...490, 1086

Hays, Honorable Walter W. .................. ... . ...................... ______........... 493, 1086

Hearn, Honorable H. C., Jr. _. ...... _. . .........._................._.._.._......._.......484, 1086

Henderson, Honorable Y. A., Jr. _______________________ ........_._.._...__....._._.492, 1086

2600

INDEX

Appointments:

Hendricks, Honorable Roy A..--....._........ ..............................._........ 491, 1085, 1086

Hicks, Dr. Carlton ,,....--

..... ...._._...........

494, 1086

Higdon, Honorable Jim E........... ....._...... ... ...... ..... _____

494, 1086

Hightower, Honorable Bob ___________ _______ ______________________ 490, 1086

Hill, Honorable Charles _________________ ________________________________________ ______493, 1086

Hill, Honorable Jesse, Jr._________________________

______ ______ 491,1085,1086

Holland, Honorable J. Ransome "Chief" ________ ... _____ .__ _ ______ 490, 1086

Holloway, Dr. Gerald W. _____________ __________ ....... .......483,1086

Hyde, Honorable J. T. ___________________________________________ ______ _______ 482, 1086

Ingram, Honorable Charles __________________________ _________ _________ 1358, 2111

Izard, Mrs. Mary

.....

_______ 487, 1086

Jackson, Dr. Calvin ________________________________________________________________ __487, 1086

Jackson, Honorable James L.____________________________ _____________ ________485, 1086

Jackson, Honorable Ralph, Jr. ________________________________________________ 482, 1086

Johnson, Honorable Ed ________________________ _________

______________ 494, 1086

Jones, Honorable Carey E. _________ _____ ______ ___ ... .____ __ ______ ....495, 1086

Jones, Honorable Milton ______________________ . . ... ... ...... 491, 1084, 1086

Jones, Honorable Phil, Sr.___ ___________________________________ ........494, 1086

Kennedy, Honorable Millard S. ... _________ _______ ....... _______ .__ ....488, 1086

Lane, Dr. J. Curtis __ ________ ___________________ _______ _ ______ ______ 1358, 2111

Leavitt, Dr. H. Douglas _______ . ... _____________ ________ _ ...... _____ 490, 1086

Lee, Honorable Marion ............................................................................ 1358, 2111

Maiden, Ms. Jackie ____________________________________________________________________________________ 489, 1086

Mallard, Honorable E. Earl ____________ ____________ .................... ....491, 1086

Mamalakis, Honorable Nick _______ ._______._.._______ .___.__.____ _ ________________ 484, 1086

Mankin, Honorable James A._____________________________ ....... _____ .......493, 1086

Manley, Honorable John B., Jr. ________ ....... _______

_____ ......... _ 483, 1086

Marshall, Mrs. Mary Lou ______________ _________ _ __. . ___________ _______ _ ________ 488, 1086

McCrary, Honorable Walter, Jr. _____ _ ______ _________ ________ ... .. 484, 1086

McCuen, Honorable William P. _____ _________ _________ ________ _____ _____ 484, 1086

McGlamry, Dr. E. Dalton _______ _____________________ ..................... _______ _.__489, 1086

Mclnnis, Honorable Albert K., Jr. ........ ...................... _______________________ ____494, 1086

Mclntyre, Honorable James T., Jr. __ ______ __________ ............... .495,1086

McLane, Honorable H. Arthur .. .______.._____ ________ ________ _______ ________ ____493, 1086

McLendon, Honorable Charles Harry ______ _____ _ .. ______ ______ ____ 485, 1086

McMillan, Judge Walter C., Jr........ _____________ _. ______ ____ _ _______ 486, 1086

Merritt, Honorable Reid ..... .......... ________________ _ .____. ... ....494, 1086

Miller, Honorable Ben J. ............ _________ __________ _______ _______ ...... 494, 1086

Miller, Honorable Jimmy . ......._.................. _________ _______ . _______ ______ 490,1086

Miller, Honorable Norman W., II _____ _ ______ ___.._

__ __. ....... .... 1359, 2111

Miller, Honorable Zell Bryan __. _ ___________ _____ ____________ __..______. ________ .488, 1086

Mitchell, Dr. Harvey ._..... _____ _____ ... ______ ........ .... 488, 1086

Mitchell, Honorable Wiley ..... .......... ...... .......... _________ _. . .. 1358,2111

Moore, Mrs. Bessie Bledaoe ___________ _______ _ .. ___________ _________ _._.__ 484, 1086

Morris, Honorable James T. ................... ________ _____________ ___ . ____1358, 2111

Morton, Dr. William J. ............................................................................. 487, 1086

Murphy, Honorable Jimmy ........... ______________________________ _____ ....... .488,1086

Murrah, Honorable J. Frank _ ________ ...................... ........

490,1086

Music, Honorable Glyndon ...... _. ______ ...... ______ . . .. ..1357, 2111

Neuner, Honorable Cyrus .........._............ ...._..........._............. ...... 1358, 2111

Newman, Honorable Preston E. ......... ..... ________ ........................ ....485, 1086

Nichols, Honorable Earl ..................._.......... .................. .. .. 489, 108G

O'Connor, Judge James B.__ . _________ _______ ..._... ..................... ..... ... 486, 1086

Parkerson, Dr. Donald N. ........................._..................__.............. .......... -483, 1086

Partain, Honorable J. O., Jr.__ ___________ ....._...... _ . _ _ ______________

492, 1086

INDEX

2601

Appointments:

Pethel, Honorable Jim _____ ______________________ ________________ _______------491, 1086 Pittard, Dr. M. Donald __________________________________ __________ ------__________486, 1086

Plunkett, Honorable Lamar R. ___________________________________ 1358, 2110, 2111

Popham, Dr. B. E. _

________________ ... .... ____________________________________ 488, 1086

Pumpelly, Dr. Robert A.___... . _________________ _____________________..________495, 1086, 1089

Rankin, Honorable David A. ___________ ______________ ____________________________ 487, 1086

Reese, Mrs. Mamie Bynes _________ ._________.______._______... _____________ ..___________...._488, 1086 Rheney, Honorable P. Austin __________ ________________ __________________________ 490, 1086 Richardson, Honorable Canute M. ____________________________ ___________________________ 483, 1086 Roberts, Miss Loretta _____ _ .. ________________ ... . ___________________._--._.____1357, 2111

Robertson, Honorable Idus, III ____ _______________________________------------_______485, 1086

Rosser, Honorable Paul C.......... ____________________________________________________________ 485, 1086

Russell, Honorable Harry F., Jr. _________________ .........._._.............. --.....----__490, 1086

Serrate, Dr. J. C. ________________________________________________ _________ ____._______________487, 1086

Simpson, Honorable George L., Jr. ... _ ________ _____________________________ 490, 1086

Sisley, Honorable John F. _________________ ___________ ___________ ____._.--___... ......__485, 1086

Smith, Honorable C. W. ______________________________________ __________________________ 482, 1086

Spurlin, Honorable James _ _______________________________ ______________________________488, 1086

Stanley, Judge William K., Jr. ______ ___________________ ________ ____________486, 1086

Stembridge, Honorable W. Asbury __________________________ ______ 492, 1085, 1086

Street, Honorable John R., Jr. __________________________________________ ____________________483, 1086

Stubbs, Honorable Robert S., II ............._.... ____________________________________..______492, 1086

Summer, Honorable Lloyd L., Jr. ________________________ -.....__....._._.__------1356, 2111

Swearingen, Honorable John C., Jr..... ______________ ________________.......____494, 1086

Tanner, Honorable Joe D.___ _______ _________________ _ ______ ________________493, 1086

Thompson, Honorable Hugh P.___________ _________________ . ______________________________ 493, 1086

Thompson, Honorable John R. __________ ___________________________________________ 493, 1086

Tidwell, Judge G. Ernest ___________________________ ----------------486, 1086

Todd, Honorable A. Calhoun, Jr. ________... __._______.____..________________________________487, 1086

Turpin, Honorable L. R. ___________ ____________________________ .___.__.....____..._____1357, 2111

Underwood, Honorable Frank C., Jr.__ _________ .... ___________ ______________________483, 1086

Van Cleave, Honorable Steven ____ _ ________________________________________________________489, 1086

Vinzant, Honorable Carey T. ____________________________________________________ ____________484, 1086

Vollhaber, Honorable George _._____.___._. .. ....._____.___..._______..________.___..._... 485, 1086

Ward, Honorable George .......

_____________________________________ _____________494, 1086

Westmoreland, Dr. Herman ____________________________________________ _____________________ 493, 1086

White, Mrs. Dorothy Thompson ________ __ _____ . ___________________________ 1357, 2111

Wilder, Dr. Mary ... __________________ . .... ........._.......__._..........._.._..._...491, 1086

Williams, Honorable Henry E. . _________________ ______________________________.__495, 1086

Wilson, Dr. Walter R., Jr. ................................. _______ __________________________488, 1086

Wise, Honorable P. J. -----

....

........__.._..._... ______________ 485, 1086

Wolfe, Honorable J. Smiley __ ________ ___________________________ _____.____.____.___._... 482, 1086

Yeargin, Honorable Charles _________ . ..................._... . _ ____ ............_..483, 1086

Appropriations for Operation of State Government;

1974-75, HB 1377 ........

991,1004,1572,1612,1629,1750,1756,1766, 2003, 2270, 2271

Appropriations for Operation of State Government; supplemental, 1974, HB 1376 _____ ........ 457, 463, 917, 924, 1027, 1044, 1155, 1166, 1182, 1489, 1576

Architects; redefine practice change provisions, SB 646 _ _____ .__----_-_____ 679, 756, 762, 843, 891, 1999, 2006, 2588

Area Planning and Development Commission Overview Committee; create, SB 606 ........._._._....._._..._..._..........._...._.. .................................A22

2602

INDEX

Area Planning and Development Commissions; change

provisions on membership and public hearings, SB 633 ...........

....595

Area Planning and Development Commissions; prohibit from

certain contracts, require annual budget,

SB 548

.

._.._.................. 329, 365, 413, 417, 479, 505

Area Planning and Development Commissions; restrict

headquarters locations, SB 644 ............................... ........ 597, 919, 922

Area Planning and Development Commissions; written

approval required on contracts, SB 227............. . .... ......... 2084, 2247, 2590

Armed Forces Members; dependents entitled to in-State

tuition at university system schools,

HB 1390 -.-...-.-...._-_..-...-.......-_..-_.-.-.. . . ........ 1395, 1570, 2164, 2170, 2171

Arrest Powers; University System campus

personnel, HB 1763 _._.._.............................. 1303, 1318, 1565, 1566, 2534, 2587

Arrest Warrant; change information contained, SB 636 . . .

....... 596, 1011

Arrest Warrants against Peace Officers; must be

issued by certain judges, HB 1885 .......... .. 1575, 1585, 1961, 1962, 2216, 2516

Arresting Provisions; motor vehicle violations, HB 1325 ...... 822, 830, 1821, 1822

Astronauts; relative to the reading of the Bible, HR 579 ..... ........_........ 421, 439

Athens; malt beverage & wine tax, HB 1919 ...... 1194, 1203, 1563, 1568, 1607

Athens Pension Plan; Urban Renewal employees,

HB 1527 .

.

...

1195, 1201, 1563, 1567, 1606

Athletic Contest Tickets; sale provisions,

HB 1299 ..-.-...-._.-.--..-.-.-.....-.-....-......- 907, 915, 1130, 1131, 1241, 1268

Atkinson County Deputy Superior Court Clerk;

compensation, HB 2054 .............................. ....... 1363, 1370, 1788, 1804, 1848

Atkinson County Ordinary; compensation, HB 2057.. 1363, 1371, 1788, 1805, 1849

Atkinson County Tax Commissioner; hire clerk

HB 2055 ............. _._............ . . .......... . .... 1363, 1370, 1788, 1805, 1848

Atlanta; additional pension benefits for judge pro hac, SB 120 No action in 1974

Atlanta; amend charter relating to mayor's qualifications,

SB 261 ..........._........_......... ............... .. ......... . . .. ......... ... . . No action in 1974

Atlanta; authorize sale of alcoholic beverages during certain

hours on Sunday, SB 552 .......................... ............. ....... ........ 267

Atlanta; change composition of Board of Trustees, HB 282 .... . 1586, 1599, 1828

Atlanta Charter Act, SB 50; clarify residency

requirement intent, SR 204 .. ............ ........... .....

No action in 1974

Atlanta; conduct lotteries, SR 255 ..... ... .----_._. ......... ... ...

.

52

Atlanta; create Housing Finance and Development

Authority Act, HB 481 ................ ..........._..............

... No action in 1974

Atlanta; credit prior service of Pension System

Members, HB 176 ..... ................. ... ............. ............ .. . ... .... 252, 253, 586, 678

Atlanta; demolition of certain structures required, HR 130 ..

. 159

Atlanta Education Board; authorized to execute certain leases,

HR 132 ...... ............................. .......................... .................... 1738,1784

Atlanta; employees eligible for retirement after twenty-five years,

SB 114 ......................... ............... ................ ............. .......... No action in 1974

Atlanta; employees' pensions, armed forces credit, HB 1386 ... ..

1112, 1120

Atlanta Firemen Pensions; change eligibility provisions, SB 534 ......

.... 202

Atlanta-Fulton County; employees, pension credit, SB 95 .. .... ... No action in 1974

Atlanta; Governor appoint Police Chief, SB 157 ....... ..........

... .. ......23

Atlanta Historic Zone; leases for controlling streets,

HB 2030 _...._.............................._.......... ..... -.-.1808, 1816, 2164, 2169, 2171

Atlanta; homestead exemption, SB 204 .. ........

....... ........................... 23

Atlanta; homestead exemption, HB 577 ..... ... .... ......_... ........191, 192, 193, 285

Atlanta Internationale Hotel; commend, SR 372

........... ............. .. 1025

INDEX

2603

Atlanta; limitation of ad valorem taxation for schools,

SB 169 ..............................._........_......._.......__._.._..._........_.._..___.....___.No action in 1974

Atlanta; new charter, HB 19 ........................... ........-...........__......-......__._----.._..__...__.... 26

Atlanta; ombudsman, HB 85 ........... ............................... ........1127, 1133, 1227, 2050

Atlanta Pension Study Commission; relative to, HR 250 ................No action in 1974

Atlanta Pensions; Armed Forces Service credit, SB 525 ........._......_......-....__......__...200

Atlanta Pensions; cost of living escalation, SB 526 ._..._..._.._._................._._._...........__200

Atlanta Police Department Study Committee; create,

SR 187 ...... ............ .....................__.._.....................__......_._.._..._..No action in 1974

Atlanta Public Officer; additional powers, HB 804 _..._..._..._...._..__............_.__..1734, 1779

Atlanta; reorganize Board of Education, HB 20 --......._................ No action in 1974

Atlanta; repeal Act creating area planning and development commission,

SB 303

---------------- .

..

.... 24

Atlanta; repeal certain zoning and planning acts,

SB 529 ................. .._.___... ......... ............ ..._._._..__._...201, 275, 305, 332, 2045, 2589

Atlanta Symphony Orchestra; appreciation to, SR 312 --------------_.------------366

Atlanta; tax levy to pay revenue obligations,

HR 70 _........_...._.............._.._._...... ........ ................... ...727, 730, 2035, 2042, 2131

Atlanta; zoning & review board,

SB 567 ................. ........... ........... . .............. 296, 385, 433, 473, 2045, 2589

Attorney General, District Attorneys, Judges; compensation, SB 47 . _._......_.......__.22

Attorney General; furnish written opinion on adjournment of

General Assembly by Governor .................._...__.._..........._..___._._........ .--.2222, 2223

Attorney General; legal representative for State Financing and

Investment Commission, SB 683 ........... _........__._.......910, 1128, 1131, 1241, 1257

Attorney General; proceedings to revoke charter, corporations

engaged in illegal conduct, SB 37 ._----. ......._.----. ,,..___._--_--_.. No action in 1974

Attorney General; supervise administration of charitable trusts,

SB 295 ................ ................. ................_..._._._..._......._.... .........2083, 2101, 2589

Attorney; prohibited from defending person he formerly

prosecuted in criminal cases, SB 475 ----....-- ------------.........-- ....75, 206

Attorneys' Council of Georgia, Prosecuting; create,

HB 1555 ........ ............. ................ ...........1116, 1123, 1185, 1327, 1329, 1613, 1622

Attorneys' Fees; provide for in certain actions relating to divorce,

SB 570 ......... ............ ............. _._......_............_..........._. 297, 432, 468, 556, 580

Attorneys on Military Duty; authorized to practice, certain conditions,

HB 1599 ... ... ............... ................ ...._._.._._.....___.. .-533, 538, 1791, 1798, 2067

Attorneys', Prosecuting; create Council, SB 620 ................. .................. ..____._..________534

Auburn; corporate limits and residency requirement,

HB 1926 ........ .... ................. ................. ..-- 1195, 1203, 1587, 1601, 1832

Auburn; right of taxation, HB 1927 ........... ----------1189, 1203, 1587, 1601, 1832

Audiology, Board of Examiners for Speech Pathology; create,

HB 1342 .....

........ ......... -907, 915, 1589, 1594, 2216, 2498, 2588

Auditing Committee, Joint; create, SR 48 ..................... ......... .No action in 1974

Auditor, State; become part of Legislative Branch of Government,

HB 933 ...... ................ .. ...................... .............. .----------No action in 1974

Audits and Accounts Department; become part of Legislative Branch of Government, HB 933 ....................................................No action in 1974

Augusta Association for Retarded Children, lease of property to; Richmond County, SR 406 .................... 1571, 1590, 1592, 1859, 1937, 2582, 2591

Augusta City Council; members succeed themselves, HB 2005 _......_._......................_...... ............................1300, 1312, 2128, 2154, 2186

Augusta, City of; change employees retirement age, SB 508 ._.................... ..........168

Augusta, City of; endorse establishment of Ga. Hall of Fame, HR 713 ............ ........ ---------------- -- . .......................------1785, 2170, 2173

2604

INDEX

Augusta Judicial Circuit Superior Court Judge; compensation,

HB 529

.

.

........No action in 1974

Augusta Municipal Court; revise and clarify laws,

HB 1812 _..................................... .. . .. .... 1113, 1120, 1787, 1801, 1854, 2180

Augusta-Richmond County Charter Commission; create,

HB 1668 ...... ...................... .. ....

........... 905, 912, 1787, 1801, 1840

Augusta-Richmond County Coliseum Authority Act; purpose,

SB 667 ......... ........ ..... ...... ................ ....744, 918, 927, 1019, 1739, 1746, 2589

Augusta-Richmond County; consolidate governmental functions,

HB 2066 ......................................... ... ...................... ... ............... ......1737, 1782

Auto Suspension System; unlawful to alter, HB 1260 . . ..... 676, 681, 921, 923

Automobile, Private Passenger; change definition,

SB 439 ......................... ........................... ... . ..47, 72, 206, 235, 286, 458, 672

Automobile Repair Services Study Committee; create,

SR 68 ......................... ......................... ........ .... . . . No action in 1974

Automobile Reparations Reform Act; no-fault insurance,

SB 315 ...... ............... . .................... ....... . ..No action in 1974

Austell; change corporate limits, HB 1781

736, 751, 919, 928, 1024, 1367

B
Bacon County Ordinary; compensation, HB 1538 ......... ......... 322, 327, 429, 470, 549 Bacon County Tax Commissioner; compensation, HB 1539 ... 322, 327, 429, 470, 549 Bail; allowed on all felony cases on appeal except
capital offenses, SB 699 .................................. .. ... ....1118, 1327, 1328, 1384, 1613 Bail Bond, Criminal; married women act
as surety on, HB 1389 ................................................................. . .. ..........823, 830 Bail Bond, Recognizances; forfeiture for failure to appear, SB 517 ............199, 759,
760, 842, 870 Bail; minimum for aggravated assault against law
enforcement officer, SB 386 ....................................... ............. ....................110 Bail; procedure when on appeal after conviction, SB 458 . ......... .... . .....51, 206 Bail; provide for release prior to trial, certain offenses, SB 671 ............__.._._.....826 Bail Refused; right of hearing before grand jury
within 90 days, HB 126 ....................................................... ...No action in 1974 Bainbridge, City of; property
conveyance, HR 503 ......... . ........ 296, 302, 541, 543, 933, 1027, 1145, 1242, 1273 Baldwin County; authorize conveyance of
certain property, SR 63 ....................................... ........................No action in 1974 Baldwin County; authorize lease or conveyance of
certain land, SR 62 ................. ._............... ................... .... ...... No action in 1974 Baldwin County Court Judge & Solicitor;
compensation, SB 679 .......................................... 909, 1126, 1133, 1232, 1738, 2589 Baldwin County; lease of certain property, HR 575 ............... ...1366, 1374, 1590,
1593, 1860, 2014 Baldwin County; lease tract of land from Properties
Commission, HR 595 .....................................1367, 1374, 1590, 1593, 1860, 2015 Baldwin County; liquor license & excise tax, SB 655........ ..... .742, 918, 927, 1019 Ballot Cards, Defective; procedure for
processing, HB 1336 .............. ............420, 428, 919, 924, 1027, 1145, 1242, 1285 Bank Holding Company Study Committee; create, HR 306 ............ ..........326, 371 Bank Holding Study Committee; create, HR 475 ............1579, 1585, 1820, 1824, 2112 Banking Laws; define "deposit", change certain
provisions, HB 1889 ........................ ............................ ......1365, 1373, 2051, 2054

INDEX

2605

Banking Laws; revise, HB 1751 ___._..._.......___._._..._._...1114, 1125, 1322, 1332, 1385, 1481 Banks; branches, increase number allowed, certain counties, SB 293 _._.___________.____24 Banks County Tax Receiver and Collector;
consolidate, HB 2042 ... ............_............_.................._...1809, 1817, 2128, 2155, 2196 Banks, Lending Institutions; prohibited from conducting
insurance business, HB 164 ........................628, 672, 1563, 1566, 2066, 2080, 2179 Banks; no discrimination against borrowed because of sex,
race or religion, HB 91 ___.___._....__.____.__._...__......___.__..___.___.___.__..__._420, 427, 602, 613 Banks; prohibited from engaging in business of preparing income
tax returns, SB 622 ...................................._..._............_..._...._........................._._.....535 Banks; prohibited from engaging in travel agency business, SB 621 ........__..... 534 Bar, Admission to State; change provisions on out of
State applicants, SB 604 ...'.... ............... ....422, 758, 760, 843, 866, 904, 1241, 1243 Bar Examination; law school student eligible, final semester, HB 4 ........26, 53, 83 Bar Examiners; change number, SB 367 ....._......................................No action in 1974 Barber Act, Georgia; change license requirements, SB 592 ................358, 430, 468,
556, 573 Barber Establishments; regulate manicurists and
technicians, SB 397 .............................................. .......................No action in 1974 Barker, Senator Ed; statement ...................._..._.............................._........_..........._.._...644 Barnesville Mayor & Councilmen; change election
date, HB 1937 ..............................................................1190, 1204, 1587, 1602, 1835 Barone, Joseph P.; compensate, HR 454 .... .............. ........741, 754, 1214, 1218, 1553 Bartow County Corner; compensation, HB 2079 ..-- 1963, 1967, 2128, 2156, 2200 Bartow County Sheriff; mileage allowance, HB 2080 -..1963, 1967, 2128, 2156, 2200 Bartow County; State-owned property, disposal, HR 635----.1367, 1374, 1591, 1594 Bartow, Town of; new charter, HB 1803 ........_...._............_.822, 829, 1127, 1134, 1235 Beach, Highland Areas; provide for protection of, SB 423 ......_................._...687, 690 Beef, Lamb, Pork Sales and Advertising; prohibit
certain deceptive practices, HB 1632 ....... ....... 824, 832, 1006, 1014, 1242, 1280 Behavior Bonds, Peace Warrants; repeal Code section,
SB 38 ........................................................................._............_.............1812, 2113, 2588 Bell, Senator Robert H.; statement ..............................................._.._.......256, 481, 711 Berger, Mary Ellen; commend, SR 380 .... ......................_....._............._._.....___._......_1142 Berrien County; conveyance of property,
SR 357 ___.___.--.........._..----_-..--...911, 1010, 1017, 1241, 1251, 2397, 2413, 2590 Berrien County; conveyance of property,
SR 358 .. ......... ....... .......................... 911, 1010, 1017, 1241, 1254, 2396, 2415, 2590 Berrien County; conveyance of property,
SR 359 ....... ... ................................911, 1010, 1017, 1241, 1256, 2397, 2417, 2590 Bibb County Board of Education and Orphanage; members,
compensation, HR 662 ......................................_....._...1198, 1212, 1588, 1598, 1890 Bibb County; exempt certain agricultural products from ad
valorem tax, HR 541 ............................ .....................1197, 1211, 1588, 1597, 1875 Bibb County-Macon Development Authority; redevelop
central city, HR 685 ................. ............._........_._.......1739, 1784, 2036, 2042, 2137 Bibb County-Macon Urban Development Authority;
create, HB 2025 ...................._................._....._...1736, 1781, 2035, 2041, 2062, 2180 Bibb County-Macon Water & Sewage Authority; terms of
members, HB 2017 ......................................................1736, 1781, 2035, 2041, 2057 Bibb County Superior Court District Attorney; appoint
investigators, HB 1308............_..........._..............._........._....._...195, 203, 275, 305, 332 Bible Reading by Astronauts; relative to, HR 579 _............._.__.............._._.._....._421, 439
Bicentennial Commission, National; at large members, HB 1631 ---.........-1574, 1583
Bicentennial Commission, National; proceeds from contracts, HB 1675 ............... .............................. 824, 832, 1126, 1132, 1242, 1270

2606

INDEX

Bicycle Lanes on Public Highways; provide for under Scenic Trails

Act, SB 484 __.._.__________.._____.._____.__................_-.___-____.__.___.___________.89, 540, 542, 616, 619

Bicycle Safety Study Committee; create, SR 127

...... No action in 1974

Bicycle Trails; provide for, SB 464 ____._.._...._..___________._______.___.___..._ 52, 540, 542, 616, 617

Bicycles; require certain reflective materials,

SB 450 ___._...__--_-_.__--49, 206, 235, 288, 2049, 2068, 2181, 2217, 2230, 2245, 2590 Bills and Resolutions; procedure for presenting to Governor, SR 252 ____._______________52 Bills and Resolutions; provide for joint introduction in General
Assembly, SR 3'34 .._....._._.........__...__.._..................... ............537, 687, 768, 1145, 1183

Bills, Legislation; provide for pre-filling, SR 316 _______.____.__._._._._..._.__..__.._._..__.___.___.__..___.___.383, 541, 543, 617, 650, 2478, 2513

Bingo Games; non-profit organizations operate,

SR 277

................ 202, 430, 468, 557, 581, 588, 843, 933, 973

Blanchard, Sgt. Lee; compensate, HR 543 _.__________....__..___.1306, 1321, 2035, 2039, 2382

Blanchet, Dr. Waldo W. E.; commend, HR 504 ........

197, 280

Blind, Georgia Factory for; change to Georgia Industries for the Blind, to

be within Human Resources Dept., SB 607 _____._.___.___.___.____423, 604, 611, 703, 716

Blind Persons; clarify rights and responsibilities, relating to

white cane or guide dog, HB 604

.. . ................................ 29, 605

Blood Sample; allow from person unable to give consent,

HB 1536 ___.___.___.______....-__...______________.____....-_-._--.1578, 1582, 2095, 2152, 2216, 2509

Bloomingdale; create charter, HB 1904 __..___....._...___.___.___.994, 1002, 1215, 1221, 1343

Blue Law; set apart one day of week for rest,

HB 974 ___.___.___..__.___.___..___.__.737, 745, 1322, 1330, 1384, 1613, 1756, 1814, 1986,

2026, 2028, 2408, 2586

Blue Ridge, City of; maximum ad valorem tax rate,

SB 420 __.._......__._________..._.___.___._._...______________....._._.._..._____._._.____.______._____._.___.___.1363, 2589

Blue Star Memorial Highway; Highway 441,

SR 284 __..__......_______.____.._.___.___.___._____........_.__...-_--_.___.230, 330, 366, 409, 1117, 2589

Blue Star Memorial Highways; designate certain

highways, HR 560 _.____.____.___.___.__....____..___________.____....____.._.....___..______.825, 832, 921, 926

Board of Regents, State; members, compensation and

per diem, SB 716 ........_..................._....__..... 1309, 1565, 1566, 1767, 2396, 2399, 2591

Boat Safety Act, Georgia; licensing and numbering of livery boats,

HB 1446 ____...._...-_---___.___....._......._._-_-_-__--1365, 1371, 1791, 1799, 2067, 2123

Body, Gift of; permission listed on drivers' licenses,

HB 1560 ___.....___._____._._.......___._______________........-....__--__.____.676, 682, 921, 925, 2067, 2125

Bond and Authority Financing and Grants Study Committee;

create, SR 165 ..._...........-....

No action in 1974

Bonds; county and independent school superintendents,

HB 1595 _._____.____..--_-_._______.........-_-__-_-___._-_-_-......677, 683, 920, 926, 1613, 1625

Bonds, Payment and Performance; public works contractors,

HB 509 ._..____.__.____........-._.___._______....._.__....-_--_-_-___-__--___._____.____....1439, 1570, 2052, 2053

Bowden, City of; homestead exemption, HR 523 ...________.825, 832, 1127, 1136, 1535

Boxing Commission, State; create, HB 1241 ....... 264, 272, 430, 467, 557, 617, 664

Braselton; purchase utility services, HB 2092 ....._......._..1965, 1969, 2127, 2157, 2205

Bridges and Tunnels; municipalities allow construction for

pedestrian traffic, HB 447 _______.___..........-_.__--_._.____....._...._.1155, 1187, 1787, 1796

Broad Road; designating, SR 304 _______....._....______.___._._____._______.._..326, 540, 543, 617, 643

Brooks County; disposition of fines from traffic cases,

HB 1382 __.__._._..._.______...._____..._..____..__________.___._........_._..______196, 204, 712, 918, 927, 1020

Brooks County; referendum on reapportioning commissioner

districts, HB 2022 ._..___.___._______._...____._......_..____.._.______._.1302, 1314, 1588, 1596, 1826

Broun, Senator Paul; statement, ....... ....l...._.._....._._...............................580, 1617, 1989

Brown, Hoyt G.; commend, SR 422 ...._._.................................._.............. ..........._...__..2065

Brown, Roger Henry, Jr.; commend, SR 374 ___.___________..._..........._.....___._______.___.___.___.1030

INDEX

2607

Bruce, Mrs. Charlotte H.; compensate, HR 470 ................741, 754, 1214, 1219, 1555 Brunswick; define corporate limits, HB 1757 ................_...734, 750, 1587, 1600, 1830 Bryan County Industrial Development Authority; change
membership, HR 501 _.___...__.._._..._.__....._,,___________.__....___._______ 266, 274, 386, 435, 517 Bryan County; mixed drink sales authorized, SB 581 ........325, 606, 610, 703, 723,
2583, 2590 Bryan County Ordinary; compensation, SB 692 ....998, 1215, 1219, 1335, 2045, 2589 Bryan County Sheriff Deputy & Court Clerk; compensation,
SB 693 ..........................._...................._.._._....._._.__..--.......999, 1215, 1219, 1336, 2049 Bryan County Tax Commissioner; create, SB 694 ................999, 1215, 1220, 1338,
2045,2589 Bryan, Joseph A.; compensate, HR 566 ........_...._.._..._...._......741, 755, 1214, 1219, 1561 Bryan, William B.; elected Senate Doorkeeper _...._...._.....__ .................. .12 Buford, City of; election of commissioners, HB 1237 .................. 21, 429, 469, 548 Buford Public School System; change tax,
HB 1975 _..._............._..........._......_............................._......1735, 1780, 2035, 2041, 2056 Building Administrative Board, State; codes promulgated apply
to certain jurisdictions, HB 840 ...._........_.........._..................._..........._.--...1789, 1796 Building Authority Act, Georgia; change membership,
HB 1409 __.._._.__..___._._._____..._._.____._...______.____..._.._..._....._._._____-.._____.295, 301, 2037, 2040 Buildings Accessible to Physically Handicapped; change provisions on
elevators, HB 1696 ... .................................._._._..,..._.._...........1478, 1570, 2095, 2151 Buildings; change provisions on fire hazards, SB 15 _....._....._...... No action in 1974 Buildings, High-Rise; fire hazard provisions, SB 59 ....................No action in 1974 Buildings Used for Medical Purposes; change provisions on fire
hazards, SB 19 ........... ........__........_.._......................__.._._....._._.........No action in 1974 Bulloch County Commissioner's Clerical Help; compensation,
HB 1978 ....................._.._.......__.._._....._._......._....._...._.._...1193, 1208, 1563, 1569, 1610 Bulloch County Ordinary's Clerical Help; compensation,
HB 1979 ............_..._................._....._................_.._........._._...1193, 1208, 1563, 1569, 1611 Bulloch County School Superintendent; provide for appointment,
HR 687 ..................... .___.__..............................................1307, 1320, 1588, 1599, 1922 Bulloch County Sheriff's Deputies; compensation, HB 1980 ............1193, 1209, 1563,
1569, 1611 Bulloch County Superior Court Clerk; compensation,
HB 1977 ......................................................._.__......._.._._.1193, 1208, 1563, 1569, 1610 Bulloch County Tax Commissioner's Assistants; compensation,
HB 1976 ................................................................._.._...1193, 1208, 1563, 1569, 1610 Bullock, Miss Gail; remarks ...................... ....................._.................................___.........195 Burke County Small Claims Court; supplies, HB 1863 ........ ........1196, 1202, 1587,
1601, 1831 Burke County State Court Judge & Solicitor;
composition, HB 1785 .. ............ .......... .............................736, 752, 1323, 1333, 1378
Burke County Superior Court Clerk; compensation,
HB 1617 ......... ..............___....-..._.._.......___._...___.___._._..__.__........ 381, 383, 756, 765, 836
Burke County Tax Commissioner; compensation, HB 2094 ... ........._......_..........._..._..................._._....._...........1965, 1969, 2127, 2158, 2205
Buses Used in Transit Systems; amend Act providing for
maximum widths to include MARTA, HB 978 ______..______.________._._.___.30, 110, 157
Business Activities; required to close one day a week during energy
crisis, SB 442 ._.._...............................__......_..._._....._..._...._.._._.....__...._.__.._......._....._._._.....48
Business, Private; committee to study regulation, create, HR 455 ________1812, 1818
Business, Trade and Commerce Study Committee; create, SR 387 _._.___.___._____...1201
Butts County Board of Commissioners; compensation,
HB 772 . . . . .. . .... ......................................................................No action in 1974

2608

INDEX

Butts County Board of Commissioners; furnish sheriff and deputies

with necessary cars, equipment and uniforms, HB 773 ___.___.._____..__._.._____________.826

Butts County Board of Commissioners; selection of chairman,

HB 774

..

..

No action in 1974

Butts County Commissioners; expense allowance,

HB 1928 _____ _____________________________________________________ .....1189, 1203, 1587, 1601, 1832

Butts County Coroner; compensation, HB 1935 ........... 1190, 1204, 1587, 1602, 1834

Butts County Sheriff's Deputy; compensation, HB 1936 ....... _____ 1190, 1204, 1587,

1602, 1835

Butts County Treasurer; compensation, HB 1929 ______ 1189, 1203, 1587, 1601, 1833

Butts, James Wallace "Wally"; regrets at passing, SR 278 __. __ _________ ......207, 267

Caboose; required on all freight trains operating on main or

branch lines, SB 170 _________________________________________________________________ No action in 1974

Cairo, City of; property conveyance, HR 461 __________ ___ 534, 539, 759, 763, 933, 1027,

1145, 1242, 1271, 1368, 1443

Calhoun County Tax Commissioner; compensation, HB 1511 ........... 294, 300, 386,

434, 476

Calhoun; define corporate limits, HB 1635 _______ _______________________ 418, 425, 603, 607, 693

Calley, Lt. Wm. L.; urging President & Secy, of Army to pardon, SR 377 ________1142

Campaign Activities; prohibited within certain distance of

polling place, HB 88 ............................_......_.......................__.._._.........___........._..._._.919

Campaign Contribution Disclosure; certain State offices, HB 1261 _________ 678, 681

Campaign Finance; amended Election Code to regulate, SB 426 ....._..__.._._.45, 684

Campaign, Political; provide for disclosure of contributions and expenditures

by candidates, SB 454 .._.___ ___________ 50, 684, 690, 768, 791, 2084, 2229, 2584, 2589

Canada; Uniform Reciprocal Enforcement of Support Act,

provide, HB 1506 ....

591, 601, 1129, 1136, 2067

Candidacy, Notice of; false statement, misdemeanor,

HB 1339 ________________________________________________________________ 420, 428, 1128, 1131, 1770, 2050

Candidates; change provisions for qualifying by petition, HB 227 __ ,.__________216, 227

Candidates for Public Office; qualify with only one political party, HB 59 __430, 466

Candidates; qualify with only one political party, SB 76 _________ No action in 1974

Candler County Ordinary; compensation, HB 1779 _ .... ..___735, 751, 919, 928, 1021

Candler County Sheriff; compensation, HB 1469 ___________ _______ 264, 272, 386, 434, 476

Candler County Superior Court Clerk; compensation,

HB 1467 ____________________________ ..........._........._...........___._...........293, 299, 386, 434, 475

Candler County Tax Commissioner; compensation, HB 1468 __..___.____.. 264, 272, 386,

434, 476

Capitol Building, State; Legislative Services Committee have

jurisdiction, HB 1410 ,,_____. ___________________ .................295, 302, 685, 691, 843, 933

Carroll City-County Hospital Authority; filling vacancies,

HB 1663 _______ ______ _____..._______. ______ ______ ..... ................ _________ 455, 461, 603, 609, 696

Carroll, Coach Jerry; commend, SR 410 ....._.................. ............_........._._..._...........1857

Carroll County Board of Elections; provide, HB 1579 ___________ 354, 360, 464, 472, 553

Carroll County Commissioner; compensation, HB 1582 _______ 354, 361, 464, 472, 554

Carroll County Homestead Exemption; 62 year olds, HB 1082 ___________ 210, 214, 281

Carroll County Ordinary; compensation, HB 1574 _______________ 353, 360, 464, 471, 552

Carroll County Sheriff; compensation, HB 1578 ___._ _________________ 354, 360, 464, 472, 553

Carroll County State Court Judge; compensation, HB 1581 _______ 354, 361, 464, 472, 554

INDEX

2609

Carroll County Superior Court Clerk; compensation,

HB 1580

.......-_._._----.___.___.__. 354, 361, 464, 472, 554

Carroll County Tax Commissioner; compensation,

HB 1575 ._.....

...

.

.._............. 353, 360, 464, 471, 552

Carrollton; extend corporate limits, HB 1577 _.................... 354, 360, 464, 471, 553

Carrollton Mayor & Councilmen; election, HB 1576 ...._..._....._.354, 360, 464, 471, 552

Carter, Governor Jimmy; address ----------.--..-.----................-...--------..-...37, 95

Carter, William C.; welcoming to State, SR 386--......._________________________________________1226

Cartersville, City of; compensate, HR 631 ._................. 1306, 1321, 2035, 2039, 2382

Cartersville, City of; reincorporate, HB 2000 ...........1300, 1311, 1587, 1603, 1838

Cartersville, City of; State-owned property, disposal, HR 636 .............1367, 1374,

1591, 1594

Castleman, Hon. J. Henry; regrets at passing, SR 290 .................... .........841, 1579

Casualty Insurers; General Assembly impose tax, SR 280 ............ ..................202

Catharsius, Inc.; commend, SR 442 ..................... ........................................__________2550

Catoosa County Commissioner Clerks; compensation,

HB 1869 .......................................................................... 992, 1001, 1215, 1221, 1340

Catoosa County Commissioner; compensation,

HB 1868

................................................ 992, 1000, 1215, 1221, 1339

Catoosa County Sheriff Deputies; compensation, HB 1867 .......... .-992, 1000, 1215,

1220, 1339

Cave Spring City Council; councilmen elected to

seats, HB 2086 ...__.._..........._..._...................... .........1964, 1968, 2129, 2157, 2203

Cenker, Lewis; commend, SR 351 ... ............_._............. .............. ..._..._..........._.......731

Central Pre-Adult Shelter Study Committee; create, SR 145 .......No action in 1974

Central Valdosta Development Authority;

establish, HR 653 ..................................................... 995, 1005, 1215, 1223, 1542

Centralhatchee; reincorporate, HB 1686 ............................L._...456, 462, 603, 609, 698

Certificate of Need; required before hospital

construction, SB 16 ...................... ......................_.._......._..._......_.......1470, 1814, 2588

Certificate of Need; required before hospital construction, HB 504 ____________________ 431

Certified Municipal Clerks; commend, SR 168 ... .. .._._...----------.No action in 1974

Chaplains of Day:

Brennan, Reverend Vincent P. ........--.--.--.--.----............................................ .932

Byington, Reverend W. W. ...................._._......_......_..........._............................._.._..208

Cappel, Reverend Sam S. ....................................-.._..._........_.._...........................1241

Craton, Reverend Frank ............................

151

Daniel, Reverend R. C. ................................................................................. .2066

Dougherty, Reverend Robert E. ____________ ..........___..... ..________.____. _________ . _______ 236

Greene, Dr. Reynolds ................................._.......__................................................. 81

Harris, Reverend Hoffman ._ ..........._._..._._.._........._............................... ________ .......115

Jordan, Reverend Don ___ _ ..........__________________________________________________________________________1383

Kendrick, Reverend A. L. ................................_......._............_.._............_.._........_._1612

King, Reverend Martin Luther Sr. . .._.___.___....,____..__________________.__._.________._________702

Lancaster, Reverend William W. .. .......... ....-.............._...._....._.... ......................478

Lindsey, Reverend John _________________________ ._......._...._..........._........................... .........92

McDuffie, Reverend John _........................................................._....... .................556

Meadows, Reverend Larry ......... __..___.___..__.___._______..__.___._______.___.___..__.___._._._. ___336

Moore, Reverend Howard .... . .__.___..___.___.___....._______________._______________._______.___.______......841

Moreno, Reverend Steve ___.___.-__.........---.....-..------___..._______________________.____.._____.___. 1858

Nysewander, Dr. Dwight ________________....______----...._-_____...._..........._..__.._____..______________392

Ozment, Dr. Robert

............. ..........767

Price, Reverend Nelson ............................._.._...._.._._._........_.._..........._..._...............1144

Riley, Reverend Wayne .......... ...... ......... _

......616

Roberts, Reverend Oral

....._ ....-.-.______._...__._____..___________________________.._.___174

2610

INDEX

Shaw, Reverend Kenneth ... ............... .............. ...............................................286 Sims, Dr. Richard B. ...... .............................................. ..........................................11 Smith, Reverend Marshall .... ........----........ .......... ------ ...........................__.....311 Timmerman, Reverend Ployd ........ .....................................................................1026 Walker, Reverend James Durwood ... .. ........_.....................................................54 Wall, Reverend Woodrow W. ..........._.............._...................... ...........................367 Wesberry, Dr. James P. ..........................................._...... .........................----440

Charlton County Board of Commissioners;

create, HB 2037 ...................... ................ ...... 1736, 1781, 2036, 2043, 2063, 2585

Charlton County Deputy Sheriff; compensation

HB 2036 .. .. ............... .....................................................1808, 1816, 2128, 2155, 2188

Chatham County Board of Elections; changing

provisions, SB 582 ........................... -------.325, 429, 469, 544, 1197, 1434, 2589

Chatham County; enter into certain contracts and

agreements, HR 693 ....................................................1363, 1375, 1788, 1805, 1926

Chatham County Juvenile Court; create, HB 1562 ... ..-----380, 383, 464, 471, 551

Chatham County Metro Area Planning & Development

Commission; create, HB 1713 ....................................... .........................1578, 1584

Chatham County; mixed drink sales, certain hours,

SB 618 .............................. .................-------.460, 606, 610, 703, 721, 732, 843

Chatham County-Savannah; retirement benefits, education

board, HR 493 .............._.._........_....._...._.._............................_..266, 274, 386, 435, 515

Chatham County Sheriff; compensation, HB 936 --------733, 748, 1007, 1015, 1137,

1308, 1433

Chatham County State Court; provisions on number and selection of

jurors, misdemeanor trials, SB 721 ------..--1368, 1586, 1599, 1828, 2214, 2591

Chatham County Superior Court Clerk; compensation,

HB 937 ..........................------------..732, 748, 1007, 1015, 1137, 1308, 1434, 2178

Chatham County Utility Services Authority; create, SR 151-----No action in 1974

Chattahoochee County Board of Commissioners;

compensation, HB 1758 ...... ........................................ ....734, 750, 1323, 1333, 1377

Chattahoochee County Sheriff; compensation, HB 2090 ...... ----1964, 1969, 2129,

2157, 2204

Chattahoochee Judicial Circuit District Attorney; supplemental

salary, HB 1304 ...._......._......................._.............. ---.380, 383, 605, 614, 768, 815

Chattahoochee Judicial Circuit District Attorney; supplementary

salaries, HB 1400 ...._........................_............_.._...............196, 204, 388, 439, 479, 529

Chattooga County Officer; accounting for funds, HB 1777 ------735, 751, 1216,

1222, 1344

Chattooga County Sheriff's Office; additional personnel,

HB 1776 ............. ................. -----------------------.---735, 751, 1216, 1222, 1344

Check, Dishonored; certain attachments or writings evidence

against drawee, SB 86 .... ------------------------------------No action in 1974

Cheney, Hon. J. Max; regrets at passing, SR 268 ........ ......... ................. -------.115

Cherokee and Forsyth Counties State Court; create,

HB 1906 .... . ............ .. ----994, 1003, 1129, 1136, 1860, 2012, 2075, 2080, 2085,

2106, 2119, 2178

Cherokee County Commissioner; compensation, HB 1898 ........... ... 993, 1002, 1215,

1222, 1341

Cherokee County Commissioners; provide for,

HB 1864 ....".....------------------------------------992, 1000, 1215, 1220, 1339

Cherokee County Sheriff; compensation, HB 1873...... 992, 1001, 1215, 1221, 1340

Cherokee County Water Authority; change name,

HB 1857 ------------.----------...----------- -.906, 914, 1127, 1135, 1237

Child Care Facilities, Out of Home; license and regulate,

SB 191 - . .. ...

........ ................ .......... ----.No action in 1974

INDEX

2611

Child; redefine under Juvenile Court Code, SB 259 ........................No action in 1974

Child Support Recovery Act; amend provisions relating to

payments, SB 545 ....................................................................229, 431, 466, 932, 946

Children, Abandonment; change penalty, SB 435 ............_..._....._.... 46, 331, 364, 399

Children, Abused; additional persons required to report cases,

SB 176 .......................... ................_........_..__......._......._......................2049, 2087, 2589

Children and Youth Act; amend relating to penalties for

youthful offenders, SB 569

.. 297, 432, 467, 556, 579

Children and Youth Division; custody of certain minors

upon conviction, SB 197 _........_..._..._..................._.. .......................No action in 1974

Children, Employment of; certain minors work in wholesale and

retail stores, HB 1391 .... . ........_......._............._.. ......295, 301, 606, 610, 933, 989

Children, Newborn; insurance coverage from moment of birth,

HB 995 .._........__.._.......__......_...........__......._.._.. ........737, 745, 1785, 1795, 1859, 1860

Children, Unruly; repeal Code Section on commitment to

Offender Rehabilitation Department, SB 145 .......... ...............No action in 1974

Cigars and Cigarettes; seizure of property illegally held,

HB 1349 _...___....._......................._..................................... 822, 830, 1786, 1794, 2067

Cities and Counties; debt limitation, SR 85 ........ ................... ___.._______________105, 2589

Cities and Counties; enter contracts for industrial waste water

treatment service, HB 1963 _........_........ ............. 1365, 1373, 1787, 1798, 2579

Cities and Counties, Governing Authorities; notice of public

meetings required, SB 460 ---.-.-..-.--------........_...__..___.___._.._...............__..___.___.._....51

Cities and Counties; provisions for tax refund for illegally or

erroneously collected returns, HB 1372 ................... 355, 361, 684, 688, 768, 933,

962, 1308

Cities and Counties; reports to Planning and Budget Office,

HB 1411 _._..._.._......_...........__.._..._._..._._..._._............._._....._........_..._..266, 274, 1008, 1014

Cities and Counties, Revenue Anticipation Bonds; General Assembly

set purposes for which issued, HR 230 ........... ........1478, 1571, 1786, 1793, 2067,

2217, 2540, 2587

Cities; annexation prohibited without majority vote of residents

affected, certain cases, SR 70 ..................._......_..........._........... ....................... 25

Cities over 300,000; special zoning ordinances granted, certain cases,

SB 528 ...................... ..................................... .....201, 1126, 1132, 1238, 2175, 2590

Cities; service of official documents, HB 205 _______ __________ 592, 599, 815, 1790, 1799

Citizens of Soviet Union; relative to denial of rights, SR 295 _ _______ .... . _ 270

Citizenship; not required by State Examining Board for license

applicants, SB 527 .. ........................ ............................................. ...........200, 1565

City and County Governments; prohibited from residency requirements

for employment, SB 440 .... ..... _ __ ... ____________ ._ 47, 385, 435, 556, 557, 587, 932,

949, 1811, 2589

City-County Schools; National Guard recruitment,

SR 261 ...................... - __________________________________________ ___________ .....76, 363, 389, 448

City Officials; penalties for misfeasance, corruption in duty, SB 235 _____:__________________________________ ........... ..............._.......__.... _______ ...No action in 1974

City Tax Assessors; use county tax assessments for taxation purposes, HB 1495 ___________________________ ........823, 831, 1786, 1794, 2067, 2216, 2553

Civic Centers Study Committee; create, SR 162 _................_..........No action in 1974

Civil Cases; motion to set aside, additional provisions, SB 516 .........................____.___...._...________________________198, 387, 436, 478, 495, 2583, 2590

Civil Cases; provide for consolidation of action in trials,

SB 27

...... _______No action in 1974

Civil Cases; provide for consolidation of actions in trials, SB 164.............. 90, 1384

Civil Cases; provide for consolidation of action in trials, HB 33.--......................331

2612

INDEX

Civil Cases; time of trial, 61 days after complaint filed,

SB 689 _...... _._....._-_--_-._-....-__--_-_-_..._-_--..._.......___________.998, 1326, 1328, 1384, 1442

Civil Defense Act; emergency powers of Governor,

HB 1507 .__.._............_.........._......-_..._______.___.______..1195, 1210, 1789, 1797, 2216, 2375

Civil Defense Act; immunity from liability to persons providing

shelter, HB 257

.

...........56

Civil Defense and Disaster Compact, Interstate; application,

HB 1509 ........................_..._...._..__.... .........._.._._.._......_........_......1195, 1210, 1789, 1797

Civil Practice Act; amend section relating to process and service,

HB 1379 ......................................................_....._...._....................__..__..................591, 600

Civil Practice Act; order granting summary judgment subject

to review, SB 443 ....................................................................48, 387, 435, 478, 479

Claims Advisory Board, time for resolutions and recommendations,

HB 644 .....................................................................................................206, 235, 290

Clarkesville, City of; close a portion of Hoyt Circle, HB 746 ..................77, 91, 111

Clarkesville, City of; new charter, SB 413 ........................................No action in 1974

Clayton County Board of Education; provide expenses, HB 1462 .............. 322, 326

Clayton County Commissioners Districts and Posts; create,

HB 1439 ............................................................................263, 271, 1007, 1015, 1139

Clayton County Deputy Tax Commissioner; compensation,

HB 1438 .. ........................................................................263, 271, 1007, 1015, 1139

Clayton County; homestead exemption; 62 year olds, HB 1071 .......... 210, 211, 284

Clayton County Superior Court Administrator; create office,

HB 824 ........................................__...._.............._..... ........................No action in 1974

Clayton County; superior court judges emeritus, payment,

SB 210 ........................................................................................No action in 1974

Clayton Judicial Circuit; judges' salaries, change supplement,

SB 9 ........_................_......................._.._..................._..._........._....._.......No action in 1974

Clayton Judicial Circuit; superior court judges, compensation,

HB 345 ...........................................................................................No action in 1974

Clayton, Mrs. Xernona; commend, SR 436 ............................................... ...........2549

Clayton, Mrs. Xernona; invite to attend session, SR 376 ....................................103'0

Cleland, Senator Max; statement, ....,..........._...........................................185, 371, 2091

Clerks of Superior Courts; define duties relating to boards of

jury commissioners, SB 467 ...................................................73, 387, 436, 478, 480

Clinch County Sheriff's Office; mileage & feeding prisoners,

HB 2056 .. ................................................ ..........1363, 1371, 1788, 1805, 1849

Coastal Highway District; indebtedness be retired,

HR 507 ......................................................................................1812, 1818, 2393, 2394

Cobb County Board of Commissioners; election districts,

HB 2074 ........................................................................1809, 1817, 2128, 2156, 2199

Cobb County Board of Elections; create, HR 666 ............ . ... ................... ..............................1199, 1212, 1588, 1598, 1898

Cobb County; create an office of magistrate, SB 187 ............ ..... . 1366, 1523, 2589

Cobb County; exercise of planning and zoning powers, HB 1227 ......................................................... ...............................No action in 1974

Cobb County Ordinary; compensation, SB 718 .................... ...1310, 1376, 1605, 2215, 2219, 2591
Cobb County; referendum on planning and zoning powers, SR 281 .........................................................................................202, 276, 307, 374

Cobb County School Districts; change boundaries, HB 1957 ........ ... ...........................................................1192, 1206, 1787, 1802, 1843

Cobb County School Districts; General Assembly redefine, HR 694 ......................................................... ...................1364, 1375, 1788, 1806, 1929

Cobb County; set apart one day as common day of rest, SB 478 .. ... ........ ............76

INDEX

2613

Cobb County State Court; additional judge, SB 706 _______ ....1119, 1216, 1224, 1352,

2177, 2590

Cobb County State Court; additional judge,

HB 1782 ........................................... .................................736, 752, 2035, 2040, 2055

Cobb County State Court Solicitor; compensation,

SB 713 ............................................ .........1309, 1375, 1376, 1604, 2215, 2218, 2591

Cobb County; tax payments, HR 667 ...............................1199, 1213, 1588, 1598, 1903

Cobb Juvenile Court Judge; compensation, SB 715 ........ .......1309, 1375, 1376, 1604,

2215, 2218, 2591

Cochran Charter; clarifying amendments, HB 2010 ..... 1300, 1312, 1588, 1595, 1824

Cochran Elective Officer; must resign to qualify for another office,

HB 2011 ________.._... .......................................................... .............................1301, 1312

Coggin, Senator Frank; statement ...._..._._....._............_......................_....._._...... ______ 931

College Athletic Contest Tickets; sale provisions,

HB 1299 _______ ._. _-----_------------------------------907, 915, 1130, 1131, 1241, 1268

College Park, City of; homestead exemption, HR 147 ...... ............................. 63, 593

College Tuition; military personnel pay in-state fee,

SB 103 __....___----------------_--------.------_------. ...... _. ___------No action in 1974

Colquitt County Board of Commissioners; recreate,

HB 2018 ................................................ ....................1301, 1313, 1588, 1596, 1825

Columbia County Board of Elections; provide,

HB 1748 .................................................................... ------734, 749, 1127, 1134, 1233

Columbia County Chairman of Commissioners; election,

HB 1747 ___------------- ____________________________________ _______734, 749, 1127, 1133, 1233

Columbus; contractual claims, HB 1550 ................... ............323, 327, 429, 470, 548

Columbus; council and mayor pro tern,

HB 1551 ......................................................................... ...323, 327, 430, 470, 550

Columbus Councilman or Mayor; qualifying for elective

office, HB 1548 . __________________________ ......"........ ............. .......323, 327, 429, 470, 549

Columbus Court; change costs, HB 2012 _____________ ....1301, 1313, 1588, 1595, 1825

Columbus; effective date of ordinances, HB 1552 __------__._.___.323, 328, 430, 470, 550

Columbus Medical Center Board of Commissioners; membership,

HB 1549 ..................................................................... _________ 323, 327, 429, 470, 550

Commercial Code, Uniform; amend to change definition of "item",

HB 2004 ............ ........... ....... ..... ..........---1396, 1571, 2051, 2054, 2568

Commission, Constitution Revision; create, SR 19 ....

...No action in 1974

Commission, Constitution Revision; create, SR 98 ................ _ ___.No action in 1974

Commission, State Boxing; create, HB 1241--------264, 272, 430, 467, 557, 617, 664

Commission, to Study Family Court; create, SR 146 ___..__.___.._. ___.No action in 1974

Commission, to Study Fulton County Governmental Structure;

create, SR 190 .............................................................................No action in 1974

Commission, to Study Workmen's Compensation; create,

SR 4 .... .. .. .................................................................. .... No action in 1974

Committee, Alcoholic Beverage Laws Study; create, SR 258___. ...... 53, 2129, 2549

Committee, Ambulance Service Study; create, SR 299 ...................... ...................298

Committee Assignments, Senate Standing .......................................... 54, 55, 78, 79

Committee, Bank Holding Company Study; create, SR 306 ----------------326, 371

Committee, Business, Trade & Commerce Study; create, SR 387 .. ....... .... ..1201

Committee; create Area Planning and Development Commission

Overview Committee, SB 606 ______ .... .......... ............................... ___. ______ . . _422

Committee, Criminal Acts Compensation Liability Study; create,

SR 282 ....... .................................................... ...... ______ 203, 1326, 1332, 1613, 1615

Committee, Driver's License Laws Study; create, SR 393 ________ ........ .......... 1310

Committee, Health Law Study; create, SR 300 ________ .. .... .._._._______ 298, 1591, 1612

Committee, Joint Executive-Legislative; to study planned

growth, SR 370 ....................

......... ____________________________________ ____1000

2614

INDEX

Committee, Judiciary; function during interim, SR 289 ........ ...............................270 Committee, Justices of the Peace Study; create, SR 412 ............_........_......___._...1815 Committee, Land Assessment Study; create, SR 434 .......... 2168

Committee, MARTA Overview; change membership, SR 322 ...................... .......... ....................423, 757, 762, 843, 898, 2085, 2116, 2589

Committee, Medical Services Study; create, SR 403 ............................ ...... ... 1581 Committee of One; Senators serve during interim,
SR 430 ................................................"...........................................2168, 2394, 2549 Committee of the Whole Senate . .......... ....................... ......................................_.2024

Committee on Auditing, Joint; create, SR 48 ................................No action in 1974

Committee on Judiciary, Standing; interim studies,

SR 144 ......................._..........._.................._..._.._......_._......_..............No action in 1974

Committee on Performance Evaluation and Expenditure Review,

Joint Legislative; create, SB 468 ... ....................................74, 430, 465, 556, 616

Committee on Public Service Commission Study; create, SR 356 ......................828

Committee on Retirement, Standing; function after

adjournment, SR 195 ..._______.___.______............_.___.__...._____._...._...... .No action in 1974

Committee on Scientific Research, Standing; function after

adjournment, SR 196 . ................._.._.......__.._._..........._......_..._......No action in 1974

Committee, Science & Technology; function after adjournment,

SR 399 ........ ... ..................................................................................... ........1368

Committee, to Study Ad Valorem Tax Relief; create, SR 155 .....No action in 1974

Committee, to Study Atlanta Police Department; create,

SR 187 ........_!..................._....................._.....................................No action in 1974

Committee, to Study Automobile Repair Services; create,

SR 68 ................................................................................................No action in 1974

Committee, to Study Bank Holding Companies; create,

HR 475 ............................................._._....................... 1579, 1585, 1820, 1824, 2112

Committee, to Study Bicycle Safety; create, SR 127 .. .. .. ........No action in 1974

Committee, to Study Bond and Authority Financing and Grants;

create, SR 165 .................................. ............................... .... ...No action in 1974

Committee, to Study Central Pre-Adult Shelter; create,

SR 145 ............................................................................... .......... No action in 1974

Committee, to Study Civic Centers; create, SR 162 ........................No action in 1974

Committee, to Study Financial Institution Laws; create,

SR 169 ................................................... .... . .. . ....................No action in 1974

Committee, to Study Financial Institution Laws, Joint; create,

HR 317 .........

... .. ........................................... .........................................31

Committee, to Study Health Insurance; create, SR 166 ... ..... No action in 1974

Committee, to Study Home Rule; create, SR 117 ................. ....... No action in 1974

Committee, to Study Pattern Jury Instructions; create,

SR 46

No action in 1974

Committee, to Study Psychic, Astrology and Occult Sciences;

create, SR 156 .............................................. ..............................No action in 1974

Committee, to Study Public Authority Surplus Funds; create,

SR 226 ........................................................_................................ No action in 1974

Committee, to Study Regulation of Private Business; create,

HR 455 .......................................................................................... . . .. ...1812, 1818

Committee, to Study Reserve Officer Training Corps; create,

SR 342 ............................ ........................................... ......... ........... .... .............. 597

Committee, to Study Retarded Children Facilities and Programs;

create, SR 160 ...... ...................................................................... No action in 1974

Committee, to Study Retirement System; create, SR 159 ....... .. No action in 1974

Committee, to Study Rural and Urban Development; create, SR 157 ............ .. . ... ............................ .... . .. ..... ............. . . .No action in 1974

Committee, to Study Sales Tax; create, SR 118 . . . ........No action in 1974

INDEX

2615

Committee, to Study State and Fullon County Pension and Retirement

Systems; create, SR 154 _........................................ ......................No action in 1974

Committee, to Study Toll Roads; create, SR 182 .............._.... ........No action in 1974

Committee, to Study Tourism; create, SR 341 ....._............. 597, 921, 923, 1027, 1095

Committee, to Study Utilities Tax; create, SR 158 ....................... No action in 1974

Committee, to Study Victimless Crime; create, SR 120 ...... ___.__. No action in 1974

Committees, Senate and House Standing; provide for

membership and number, SB 470 ................................... ...... ........................74

Committees, Senate, Standing; provide for, SB 614 .... ........... .. ... .. -459, 1130

Common Day of Rest Act of 1974; limit business on Saturday

and Sunday, consecutively, HB 974 ........ ----737, 745, 1322, 13'iO, 1384, 1613,

1756, 1814, 1986, 2026, 2028, 2408, 2586

Communications from Clerk of House of Representatives .... ........................281

Communications from Governor ........_............................ ....31, 482, 1356, 2005, 2163

Communications from Lieutenant Governor ___._..._._.__.. . ......... .........___.. .54, 55, 79

Communications from Secretary of State ..... ....... ----16, 60, 162, 307, 1246, 2579

Community Assistance Act; provide services for economically

disadvantaged, SB 687 ........................... 911, 1217, 1225, 1384, 1613, 1859, 1953,

2004, 2583, 2590

Community Development and Transportation Department;

enhancement of tourism, SR 340 .... . --------------

... ...........555

Community Development Department; pay State contribution

to Multi-State Transportation Corridor Advisory Board,

HR 570 .................. ............................................... .-.1307, 1319, 1821, 1823, 2564

Compensation, Employees of State, City or County;

deferment, HB 1590 ...................... -----823, 831, 1216, 1225, 1613, 1859, 2028

Compensation Legislation; roll call vote required for State

officials' salary, SB 441 ........... ------47, 233, 278, 311, 2534, 2539, 2584, 2590

Conasauga Judicial Circuit; additional judge,

HB 1639 ....... ... .... ............... .-.--. ---- -- 1305, 1317, 1791, 1800, 2216, 2479

Conasauga Judicial Circuit; State Librarian furnish certain

law books, HR 546 _....................................... ----.1574, 1585, 2096, 2151, 2561

Conflict of Interest; protect against on part of public

officials, HB 1281 ............ . ......................................... ............_........... .1304, 1316

Conflicts of Interest and Financial Disclosure Act; enact, SB 474 .... ... .... 75, 684

Congress of the U.S.; urging to enact certain legislation, SR 388 .. .. -----1227

Conservation Rangers, Uniform Division; classes of

employees, HB 1731 .... ......... ........... 1303,1317,1791,1799,2067,2118

Consolidation of Actions, Trials; provide procedure,

SB 27 ...... ......... ......... ......................................... ... No action in 1974

Consolidation of Actions, Trials; provide procedure, SB 164 .... . .... - ... 90, 1384

Consolidation of Actions, Trials; provide procedure, HB 33 - ............... ...-331

Constables; certified under Peace Officer Standards and

Training Act, SB 635 ............ . . ...... ...... -..-.--595, 1218, 1224, 1384, 1388

Constables; certified under Peace Officer Standards and

Training Act, SB 637 ............................................. ............596, 1011, 1144, 1151

Constables; change fees received, SB 638 .......... ......... -- -- 596, 1327, 1332, 1384

Constitution Revision Commission; create, SR 19 ....--.... .... No action in 1974

Constitution Revision Commission; create, SR 98 .... .............. No action in 1974

Constitution, State; instruct Legislative Counsel to draft, SR 232 .......................... ...^.. ..........................................

No action in i.>7'

Constitution, State; provide, HR 542 .... ... .... ................................... . . 1305, 1319

Constitutional Amendments; change date for submission, HR 15 .............. .................. - ........... ----------. . . ..........No a'tier in 1974

Constitutional Amendments; special election, SR 28 ............... ...... . .. ......171, 257

2616

INDEX

Constitutional Amendments:

Ad Valorem Tax; exclude retirement or disability benefits

as income, HE 439 __.----_.--------...--------..----678, 683, 833, 834, 933, 985

Ad Valorem Tax; exempt agricultural products, certain

cases, HR 540 .----------_.--___----------.739, 753, 1006, 1015, 1242, 1281

Ad Valorem Tax; exempt certain property in transit, SR 124 ------_____..___--25

Ad Valorem Tax; homestead exemption, SR 313 ....................._.........._..._.......382

Ad Valorem Tax; homestead exemption for disabled

persons, SR 22 .-- ._._ ...--------------.... -- ...No action in 1974

Ad Valorem Tax; increase homestead exemption, SR 23 ----.No action in 1974

Ad Valorem Tax; mobile homes treated as separate class,

SR 100 .......... No action in 1974

Ad Valorem Tax; returns for industrial property, SR 335 __________..______._________537

Aluminum Ore from Kaolin; bonus for first plant, SR 148 --------..--_..--..34

Aluminum Ore Produced from Kaolin; authorize payment to first

company in Georgia, HR 259 ._..........533, 539, 685, 691, 768, 933, 979, 1200

Annexation; prohibited unless majority of residents agree,

cities of certain population, SR 70 _----_--------.--------_----_.--__------..25

Appling County; governing authority tax power and expenditure

of funds for business development, HR 563........_.--__.458, 463, 603, 609, 700

Atlanta; conduct lotteries, SR 255 _..__------_._--_,,------------_.._...._------..__._----__52

Atlanta; demolition of certain structures required, HR 130 __..___._____._,,.___.___.159

Atlanta Education Board; authorized to execute certain

leases, HR 132

...

...................._......._..1738, 1784

Atlanta; tax levy to pay revenue obligations,

HR 70 -..-.--..-.--.-- ..--------.__------_----.--.-.727, 730, 2035, 2042, 2131

Bibb County Board of Education and Orphanage; members,

compensation, HR 662 ... ....._.........._..._........_.._.._1198, 1212, 1588, 1598, 1890

Bibb County; exempt certain agricultural products from ad

valorem tax, HR 541 ....................._......._.._.........._1197, 1211, 1588, 1597, 1875

Bills and Resolutions; procedure for presenting to

Governor, SR 252 _.........._. ....._...................._.........................._._........................52

Bills and Resolutions; provide for joint introduction in

General Assembly, SR 334 ....................._......._..... .-.537, 687, 768, 1145, 1183

Bingo Games; non-profit organizations operate,

SR 277 ... .............._....._....._..... .202, 430, 468, 557, 581, 588, 843, 933, 973

Bowden, City of; homestead exemption,

HR 523 ...... ....................... ........... ...... ................ 825, 832, 1127, 1136, 1535

Bryan County Industrial Development Authority; change

membership, HR 501 ... ................... ........ ............ -266, 274, 386, 435, 517

Bulloch County School Superintendent; provide for

appointment, HR 687 ....... ................................1307, 1320, 1588, 1599, 1922

Casualty Insurers; General Assembly impose tax, SR 280 ......... ..................202

Central Valdosta Development Authority; establish,

HR 653 ...................... .-.__...-.__...--__.-.-.....995, 1005, 1215, 1223, 1542

Chatham County; enter into certain contracts and

agreements, HR 693 ....................----..------. ....1363, 1375, 1788, 1805, 1926

Chatham County Utility Services Authority; create,

SR 151 ......__--.--__.---.......----_--._...__--_..------..---_--.--.No action in 1974

Cities, Counties, Revenue Anticipation Bonds; General Assembly

set purposes for which issued, HR 230 . ......... ......1478, 1571, 1786, 1793,

2067, 2217, 2540, 2587

Coastal Highway District; indebtedness be retired, HR 507 . ..-_..-------- ........... ...............................1812, 1818, 2393, 2394

Cobb County Board of Elections; create, HR 666 .............. ...... ... ............. ....... ...................1199, 1212, 1588, 1598, 1898

INDEX

2617

Cobb County; referendum on planning and zoning

powers, SR 281 __________......___._..._______._______._.__._.._______..___..__.___.__..202, 276, 307, 374

Cobb County School Districts; General Assembly redefine,

HR 694 ._.._._._.___._..__......__._._______._.__...__.._..._..___._______.1364, 1375, 1788, 1806, 1929

Cobb County; tax payments, HR 667 _............ .--1199, 1213, 1588, 1598, 1903

College Park, City of; homestead exemption, HR 147 ... ........ . .. ..........63', 593

Constitutional Amendments; change date for submission,

HR 15

No action in 1974

Constitutional Amendments; special election, SR 28 ..............................171, 257

Constitutional Convention; provide by law,

SR 324 ...................................._....................._......._....----.424, 604, 614, 703, 713

Court of Appeals and Supreme Courts; jurisdiction and

election of judges, SR 12 ........................... ........... ...... No action in 1974

Courts of Ordinary; change name to Probate

Courts, HR 445 ...................... 355, 362, 1009, 1014, 1385, 1614, 1860, 2027

Debt Limitation; counties and cities, SR 85 ............................................105, 2589

DeKalb County; funds for capital expenditures,

SR 350 ...'..... .. .......................... ... .....

... .. ....745, 1588, 1597, 1865

DeKalb County; homestead exemption,

HR 231 ........ ................ ........................ . -.---- -- 1807, 1818, 2159, 2383

DeKalb County; issue bonds without election; certain cases,

HR 659

...

.

............... . ..1739, 1784, 2126, 2161, 2386

DeKalb County; justices of peace, salary and qualifications,

HR 656 .......... ...... .. .... ............... ......996, 1006, 1215, 1223, 1551

Disabled Veterans, Dependents; homestead exemption,

SR 305 .................... . 326, 917, 929, 1027, 1145, 1164, 1188, 1613, 1859, 1957

Disabled Veterans; increase homestead exemption,

SR 30 ............................... ............... ...........................No action in 1974

Dougherty County; abolish office of Tax Commissioner,

HR 569 .......... .... .... ........

.... ..................... 593, 602, 757, 767, 1102

Dougherty County; grant franchise for garbage

collection, HR 568 ....

..... ........ ......... 592, 601, 757, 767, 1100

Douglasville-Douglas County Stadium Authority;

create, HR 660 ... .

. . ....

..... 1198, 1211, 1588, 1597, 1877, 2179

Drug Offender; must serve full sentence,

SR 307 .. ..

... ...

.. ..326, 760, 764, 933, 964, 991, 1145, 1176

East Point, City of; homestead exemption,

HR 441 .....................

.........

.... .......... 740, 753, 1127, 1135, 1532

Educational Grants; to children of deceased or disabled

servicemen, SR 93 ... .

.. ....

No action in 1974

Elected Officials; compensation increase prohibited

during term, SR 79 . .

........... ... . ....... ........109, 150, 180

Elected Officials; compensation increase prohibited during

term, SR 115

......

No action in 1974

Family Court of Human Relations; provide,

SR 275 .

.... .... 169, 1129, 1137, 1384, 1613, 1859

Family Court; superior court judges create within circuit,

SR 175 .... . . . .......

................. ...... .No action in 1974

Fayette County; governing authority authorized to enter

certain leases, HR 680

..................................... ................. 1307, 1320

Fayette County; homestead exemption, HR 671 .... ................... 1739, 1784

Forest Park, City of; homestead exemption, HR 498 .. ' ........... ..............................

296, 302, 919, 929, 1105

Forsyth County Commissioners; business license, HR 624 .... .. ....... ............. ........... . ..908, 917, 1127, 1136, 1537

2618

INDEX

Forsyth County; provide for Public Safety Commission,

HR 668 .....___.__.._..____....___...._.____________....-________.__.._.__1199, 1213, 1588, 1599, 1905

Fulton County; homestead exemption, increase, HR 30 ,,____.._--___.___.__.._______.506

Fulton County; increased retirement benefits for employees,

SR 27 ....... 1588, 1597, 1863, 2215, 2227, 2591

Fulton County; pari-mutuel wagering, SR 256 .............. ...................._......... .53

General Assembly Laws; approval or rejection at polls,

SR 272 ............_................._._............_...._._... ..... ................ ........................169, 430

General Assembly Members; change number, SR 32 ________ .. No action in 1974

General Assembly Members; compensation increases

prohibited during term in which change made, HR 239 ................. ..88, 89

General Assembly Members; not serve as Justice

of the Peace, SR 7 .........._..._.._..._._.._............................... _______________________ ......110

General Assembly Members; pre-file bills,

SR 316 _____________________________________________________ 383, 541, 543, 617, 650, 2478, 2513

General Assembly; provide for number of members

and meeting time, SR 320 _.......__......_._......................................... ___ 423, 604

General Assembly Sessions; time limit, adjournment

and meeting, SR 317 ...................................._._.........................._...... __. _._383

Governor and Lt. Governor; elected jointly as unit,

SR 20 _.__.______..__..-_-..-..._______--....._..______.-_------_-._..__-------.. No action in 1974

Governor and Lt. Governor; elected jointly as unit,

SR 36

.

............No action in 1974

Grand and Traverse Jurors; selection, SR 94 ____._...._... ___________.No action in 1974

Gwinnett County Commissioners; authorized to impose

speed limits, HR 682 _______._______________.___.____1307, 1320, 1821, 1823, 2527, 2587

Gwinnett County Commissioners; business licenses,

HR 689 _________________________________________________________________...1363, 1375, 1788, 1805, 1924

Gwinnett County; homestead exemption, disabled,

HR 663 ......................_.._.........._..................._.._._.....1198, 1212, 1588, 1598, 1892

Gwinnett County; levy tax for water and sewerage

system, HR 629 ... . ........... ..................... . ___.___.995, 1005, 1323, 1334, 1539

Hall County; change administration of taxation,

HR 674 ..................................................__.._..........1306, 1319, 1588, 1599, 1908

Hapeville, City of; homestead exemption, HR 486 _________ ______________ .................................. ._._740, 753, 2036, 2042, 2134

Historical Property; exempt from ad valorem tax, SR 293 ............................... .. .___.270, 362, 389, 479, 617, 662, 674, 843, 879

Homestead Exemption; disabled veterans, HR 561 __________1307, 1319, 2037, 2039

Homestead Exemption; disabled veterans, HR 562 ....... 1306, 1319, 1564, 1566

Homestead Exemption for School Taxes; increase,

SR 5

....

No action in 1974

House of Representatives; Speaker Pro Tern act as Speaker, HR 488 ..... _______ ....................................... 1364, 1373, 1789, 1798

Houston County; education grants for handicapped citizens,

HR 665 .

............................1198, 1212, 1588, 1598, 1896

Income Tax, State; exempt pay received while a POW or MIA in Vietnam, SR 147 ______ _________ __. ..__________.._...............No action in

Innocent Victims of Violent Crime; compensation, SR 260 _...--.............--...

Inventories; allow separate classification for ad valorem taxation, SR 55 ............. ________ ____________ ............. ....... ___.No action in 1974

Jackson County; Public Safety Department officers make

arrests and serve warrants, HR 487 _

.

909, 916, 1327, 1330,

1614, 1627

INDEX

2619

Judicial Nominating Commission; provide for terms of

office and appointment of certain judges,

HR 41 ..... ........ .__.___.___.___.__.___._.____._._ ___..__.____1189, 1213, 2164, 2169, 2172

Jurors; General Assembly reduce number, certain cases,

SR 13 .... . ............... ......... ... . ............No action in 1974

Justices of the Peace; required to participate in certain

educational programs, HR 625 ... .............. .... 1809, 1818, 2097, 2151

LaGrange Downtown Development Authority;

create, HR 463 ...................... .................................153, 154, 206, 234, 377

Life Sentence; must serve 25 years, SR 246 ..... ... ......... 52, 111, 151, 179

Lobbying; amend Constitution relating to, HR 237 .......

...... 355, 362

Lobbying; provide for regulation and

disclosure, SR 285 ...... . .............. ...230, 430, 466, 617, 648

Lotteries; legalize, SR 254 ___.._..___..__._._...__..._.. .......... ... _________________ 52

Lowndes County-Valdosta; authority to merge governing

authorities, HR 654 ........................................995, 1005, 121R, 1223, 1545

Macon-Bibb County Development Authority; redevelop

central city, HR 685 ............... ................ 1739, 1784, 2036, 2042, 2137

Macon County; levy motor vehicle registration fee to pay for

hospital construction, HR 469 ... ... . ........ ... 170, 386, 435, 513, 739

McDuffie County; levy ad valorem tax, HR 465.... .534, 539, 756, 765, 1098

Muscogee County; homestead exemption, HR 452 227, 232, 386, 434, 509

Muscogce County; homestead exemption, 62 year

olds, HR 451 ....... .... . ... ..... .

..227, 232, 386, 434, 509

National Guard Members; preference in civil service

program, HR 489

...... ........... 1367, 1374, 2037, 2039

Newnan, City of; water, sewerage and light commission,

sole utility system, HR 516 ....

323, 328, 1564, 1570, 1873

Norcross, City of; homestead exemption, HR 491 ..... 381, 384, 464, 472, 698

Palmetto, City of; homestead exemption, HR 136 .... .. ________533, 538, 1323,

1334, 1528, 1811

Pardons and Paroles Board; additional powers on pardons

and reprieves, SR 17 . ....... . .....

No action in 1974

Parole; minimum sentence must be served, certain

offenscs, HR207

......

........

421,428

Property in Transit; cities and counties authorized to

exempt from taxation, SR 123 __________________ _______________

________ 25

Property, Real; separate class for taxation,

SR 323

...... ......... ... 424, 917, 930, 1241, 1384, 1392

Regents Board; add student member, SR 28G _ Retired Teachers; increase benefits, SR 283 ... .

... ... ___. _ 231 203, 606, 612, 703, 717,

2047,2589

Richmond County; appropriation for advertising and

promotion, HR 513 ... .. ... _ ..... ... 908, 916, 1788, 1805, 1871

Richmond County; tax exemption for capital improvements,

certain businesses, HR 632

995, 1005, 2127, 2160, 2388, 2585

Richmond County; voting requirements on consolidation, SR 110 .... 227, 2589

Riverdale, City of; homestead exemption, HR 655 ... .. ... 995. 1006, 1215,

1223,1548 Savannah-Chatham County; retirement benefits, education
board, HR 493 . ... ...... . ................... .... ....... 266, 274, ?' , 435, 515

Savannah, Downtown Authority; create, HR 677 ... 1306, 1320, 1588, 1599, 1910

School Districts; change provisions for composition and

referenda for consolidation, SR 6

______ _______

25

Snellville, City of; homestead exemption, HR 664 ......... 1198, 1212, 1588,

1598, 1894

2620

INDEX

Spalding County; governing authority authorized to enter certain

leases, HR 679 ..............................._.............___...__........_.............__..........1306, 1320

Spalding County; homestead exemption, HR 672 ......................_.-_....._.1199, 1213

State Constitution; provide, HR 542 ______..__..__.____. ...___._._.___.___..__.__..___.___.1305, 1319

State Department of Local Government Affairs;

create, SR 337 ___.__.._.___..._______.__.___.._______r __..___________.___.537, 919, 923, 1027, 1033

State Officials; compensation increase prohibited during

term, SR 216 ....... ................ ................. .................................No action in 1974

State Officials; mandatory retirement at age 70, SR 40 ............................... 25

Sugar Hill, City of; homestead exemption, HR 661 _...............1198, 1212, 1588,

1597, 1888

Tax Assessments; farm and forest lands, provision for different

methods, SR 72 __..._.._............._......................__....._._..._....._._.No action in 1974

Teachers' Retirement; General Assembly provide for increased

benefits, certain cases, HR 511 ........._.._....._.__...__..__._...........................909, 916

Telfair County; change eligibility requirements, certain

officers, HR 75

No action in 1974

Telfair County School Tax; removal of 20 mill

limitation, SR 336 ................................537, 756, 765, 1097, 2084, 2103, 2590

Tifton, City of; homestead exemption, HR 460 ........533, 539, 1564, 1569, 1869

Venue; provide for in third party practice, HR 476 ... 842, 857, 2164, 2169, 2172

Waycross Downtown Development Authority; establish,

HR 712 ................................................ .................1807, 1819, 2127, 2160, 2391

West Chatham County Hospital Authority; create, HR 596 ________740, 754, 919,

929, 1107

Constitutional Convention; provide by law, SR 324 ___.___._______.424, 604, 614, 703, 713

Construction Contracts; escrow procedure, limit amount and

define terms, SB 44....................................... ...............................No action in 1974

Consumer Affairs, Division of; create within Agriculture

Department, HB 1505 ........ ..........................1439, 1570, 1789, 1796, 2216, 2374

Consumer Credit; rebate or discount on sales to consumer for names of

prospective buyers illegal, HB 1665 .......................................................1575, 1583

Consumer Credit Sales; revise present laws, SB 100 ................... No action in 1974

Consumer Protection; unfair, deceptive trade practices

unlawful, HB 255 .... . .........................................................................................1785

Consumer Protection; unfair trade practices unlawful, SB 74 ....No action in 1974

Consumers' Rate Counsel; Governor appoint attorney in utility rate

cases, HB 1998 ......................................._.._...................._.... 1366, 1373, 2131, 2153

Contraband Articles in Liquor Law Violations; court

costs, SB 17 .......... .... . . . .... .. ...... .-----..-------__._______.___.__.___.._._.No action in 1974

Contraband Property, Used in Commission of a Felony; provide for

confiscation and sale of, SB 497 .. .............147, 331, 365, 409, 1326, 1384, 1446

Contract for Purchase of Agricultural Commodity; invalid without performance bond, SB 492 ........................_..........._......................._.......................107

Contractors, Public Works; payment and performance bonds, HB 509 .... ..... .................................................._.....1439, 1570, 2052, 2053

Contracts, Public; contractor withdraw retained funds upon deposit of certain securities, SB 437 ................................................... .........47, 171, 207, 315

Controlled Substances Act; enact relating to drugs and narcotics, SB 495 ......... ... ...... 107, 277, 303, 338, 368, 392, 2049, 2085, 2589

Cook and Berrien Counties Small Claims Court; increase jurisdiction, SB 645 . ...................... ................678, 918, 926, 1018, 2174, 2590

Cook County Sheriff; expenses for feedingprisoners, HB 1958 ........................................................1192, 1206, 1587, 1603, 1837

Cooper, Mr. and Mrs. Irving; commend, SR 269 . ........................... ....................146

INDEX

2621

Cooperative Educational Service Agencies Act; amend relating to financing, SB 631 _....._......_.._..._._......_..___.__..... 595, 757, 762, 843, 865, 2582, 2590
Corbin, Brock; compensate, HR 564 _...___.___.___......__.._______.__..741, 755, 1214, 1219, 1559 Cordele Judicial Circuit; assistant for court
reporter, HB 1842 .._.._......._..._...... ........_._.......... .. 906, 913, 1792, 1798, 1859, 2019 Cornelia, City of; compensate mayor and commissioners, HB 743 ... 205, 234, 279 Coroner's Inquest; witness fees for peace officers appearing, HB 954 _______.502, 531 Corporation, Dissolved; clarify persons liable for taxes due, HB 1181 ._.._....... 30 Corporation Officers Engaged in Illegal Conduct; Attorney General
institute proceedings to revoke charter, SB 37 ........_....._....._...No action in 1974 Corporation Producing Aluminum Ore from Kaolin; payment to
first in Georgia, HR 259 __.._....._._..._._........ 533, 539, 685, 691, 768, 933, 979, 1200 Corporation Tax; provide for clarification of non-deductibility,
HB 1098 _....._._._.........._.................._....................._....._..........._....._.....322, 328, 684, 688 Corporations; additional source for publication of
notices, SB 519 _______..__....._..._______________.___.___.___.___...._.______________.199, 388, 436, 617, 646 Corporations; define use of "trust company", SB 600 ....... 381, 602, 613, 703, 711,
1809, 2589 Corporations, Foreign and Domestic; penalty for failure to file
report, HB 1328 __.................._..._._.._.._....................................... .. 457, 462, 1009, 1014 Corporations, Income Tax; clarify Three Factor
Ratio, HB 1100 ..................................................._..........265, 272, 602, 613, 703, 728 Correctional Industries Act, Georgia; change composition of
Administration, HB 1455 .............. ........ ....... .............. 3'74, 379, 605, 611, 703, 729 Correctional Industries Administration; change membership,
HB 411 ._..__.._...___._........_..................__..............._......._.............._..._._.._..No action in 1974 Corrections Board; authority for convicted youths 18 to 25,
misdemeanor offenses, SB 147 ....... ............................................No action in 1974 Corrections Board; change provisions for prisoner transfer while appeal
is pending, SB 482 .................................. 88, 331, 364, 478, 500, 2229, 2258, 2590 Corrections Board; guards and wardens, police powers, SB 572 . ... . 297, 605, 610,
703, 720, 2548, 2551, 2590 Corridor Loop Study Committee, Joint; create, HR 364 .... . .......No action in 1974 Counties, Cities; debt limitation, SR 85 ........... ...... ......_...... .....................105, 2589 Counties, Cities; General Assembly set purposes for issuance of
revenue anticipation bonds, HR 230 ......1478, 1571, 1786, 1793, 2067, 2217,
2540, 2587 Counties, Cities, Governing Authorities; notice of public meetings
required, SB 460 ......................... ..................................................................... 51 Counties Maintaining Law Libraries; appoint Librarian, SB 178 .... ....2048, 2589 Counties; reimbursed for cost of maintaining prisoners, certain
cases, HB 1626 ..................... ...........................1365, 1372, 1790, 1798, 1859, 1987 Counties; require property appraisal every five years only,
SB 348 ............................................................................................... No action in 1974 County Boards of Tax Assessors; change membership provisions and
powers and duties, HB 1755 .. ... ...............1577, 1584, 2051, 2054, 2216, 2394 County Manager; provide for if needed in counties under
400,000, SB 102 ................................._......................._..........._........... ...............189, 2588
County or City Governments; prohibited from residency requirements for employment, SB 440 ............ .................. 47, 385, 435, 556, 557, 587, 932, 949,
1811, 2589 County Police Officers; may request assistance from Public Safety
Department, SB 455 ..................... ............................50, 110, 150, 175, 2047, 2589
County Probation Systems; financed by State, SB 320 ................No action in 1974
County Tax Digest; millage rate adjustment by Education Board, HB 1596 .......... ...............................................1577, 1583, 1821, 2010, 2040

2622

INDEX

County Tax Equalization Boards; clarify members' qualification

requirements, SB 578 ..............................._............ ...... .. .. ______ 325, 917, 929

County Taxes; provide for delinquent penalties on unpaid

taxes, SB 596 _________________________________________________________ 359, 684, 688, 932, 959, 1170

Court Cases; video or audio recorded testimony authorized,

certain cases, HB 425 ... .................................._..... . .. ... No action in 1974

Court of Appeals & Supreme Court; jurisdiction & election of

judges, SR 12 ____ . ________________________________________

._. ......No action in 1974

Court Reporter Emeritus, Superior Court; change

eligibility, SB 137 ________________________________________ .._.' _____________ ....No action in 1974

Court Reporters; provide for destruction of notes in

certain instances, HB 1287 _____ __________ ___________ __ 197, 205, 387, 438, 933, 988

Court Reporting Act; provide for regulation and certification, SB 509 ........ ...168

Court Reporting Act; regulate practice, SB 444 _____ ____48, 833, 932, 953, 2550,

2552, 2590

Court Reporting; define terms, regulate, SB 375 ... .... . .. No action in 1974

Court Suits Pending-; change dismissal time from five years to

three, SB 45 ____ _______________ _____________________ _____ ..................... No action in 1974

Court Suits; time for dismissal due to lack of prosecution, SB 46 No action in 1974

Courts; change provisions for preserving legal newspaper

advertisements, HB 70 ____

__________ ___ ... ._..__. _____ _ ...... 57, 356

Courts of Ordinary; change name to Probate

Courts, HR 445 ___ _

............. 355, 362, 1009, 1014, 1385, 1614, 1860, 2027

Courts; transfer of justices and judges by consent, HB 1572 1299, 1316, 2164,

2169, 2172

Covington Mayor & Councilmen; election, HB 1907

...994, 1003, 1215, 1221,

1342, 1576

Coweta County Judge & Solicitor; compensation, HB 2008

1300, 1312, 1587,

1604,1839

Coweta County; property conveyance, HR 628 .

1367, 1374, 2131, 2152

Coweta Judicial Circuit; additional judge, SB 159 . . . . 2584, 2590

Crabs, Taking of; provide time limits and

locations, SB 664 ... ... . ______ _ .'...743, 1010, 1013, 1145, 1158, 2478, 2482, 2590

Credit Card Act, Lender; amend relating to computation of

finance charge, SB 286 ............... ... . ........... ....

No action in 1974

Credit Card Act, Lender; amend relating to fee for cash

advance, SB 287 ______ .... ...... ..... . .............. .

No action in 1974

Credit Code, Georgia; establish, SB 100 _ .................... ...No action in 1974

Credit Union Deposit Insurance Corporation, Nonprofit; authorize

incorporation, HB 1465 .... _ _________ _ 1303, 1316, 1786, 1794, 2067, 2102

Crime, Innocent Victims of; compensation, SR 260 ............ _____ _ . .......76

Crime Laboratory Director; authorized use of airplane, HB 1192

30, 1789

Crime Laboratory, State; use Public Safety Director's

aircraft, HB 1540 ___

. ...... .. ...... -996, 1004, 1589, 1592, 2067, 2097

Crime with Intent to Commit Certain Other Crimes; provide

penalty, HB 1573 __________ .

______ _______________ 676, 683, 1327, 1329

Crimes Involving Bodily Injury; define terroristic act relating to

passenger conveyances, HB 1359 ________

_ ____ 265, 274, 363, 390, 452, 534

Crimes Involving Dangerous Practices; include hypnotism in

provisions, HB 370 _____ ... ............

. .... .... ...... .. 233, 278, 311

Crimes Involving Firearms; define criminal possession, SB 175 No action in 1974

Crimes; obstruction of law enforcement, unlawful to tamper with

evidence, HB 1374 ........

______ ____

227, 2'..., 387, 139, 179, 530

Criminal Acts Compensation Liability Study Committee;

create, SR 282

_ __ ...

20:i, 1326, 1332, 1613, 1(515

INDEX

2623

Criminal Cases; abolish right of unsworn statement by

accused, SB 25 ,,..--....._...._..___.___.___._--_--_......___.___.___..,,.._...___.____.__ No action in 1974

Criminal Cases; attorney prohibited from defending person he formerly

prosecuted, SB 475

....

15, 206

Criminal Cases; change penalty for aiding escape, HB 1695 ....... 18G1, 1967, 2096,

2152

Criminal Cases; change provisions for sentencing, SB 24 ____________No action in 1974

Criminal Cases; judge fix sentence, certain felony cases, SB 283 No action in 1974

Criminal Cases; jury give verdict, judge fix sentence,

HB 127 ....... _...__..___.___.___.___.___......__._._.....1305, 1315, 2038, 2039, 2066, 2143, 2166

Criminal Cases; life sentence required on third felony conviction, SB 457 ______ 50

Criminal Cases; multiple prosecutions, not guilty verdict not affect

verdict in other crime, HB 763 ..._..._.._.__._._..._

____53

Criminal Cases; pre-trial psychiatric examination of defendant,

SB 183 ................................................................^......................^.....^So action in 1974

Criminal Cases; provide for discovery and inspection, SB 510 ._..__. _ ....._____. ___.168

Criminal Cases; provide for discovery and inspection, HB 1380 -- ___________ 591, 600

Criminal Cases; provide for plea bargaining, SB 355 ............... No action in 1974

Criminal Cases; provide for release prior to trial, certain cases,

and matters relevant to release and appearance, SB 671 ___________ ___________.... 826

Criminal Cases; State's right to appeal limited, certain

cases, SB 28

. _......___.___.___..__.___.No action in 1974

Criminal Damage to Property; altered or removed landmark punished

as misdemeanor, HB 16 __..._________,,____..___._...___...________._. .___________.No action in 1974

Criminal Damage to Property; crime to use article with altered

identification mark, SB 23

...

..........................21S2, 2260, 2588

Criminal Justice Act; clarify provisions for representation for

indigent persons, HB 37 _____________________________ 26, 686, 768, 1145, 1241, 1263, 1811

Criminal Justice Commission of Georgia;

create, HB 1764 _______ ......1299, 1318, 1565, 1567, 1859, 2067, 2072, 2073, 2167

Criminal Trials; judge fix sentence after verdict, SB 2 ..........No action in 1974

Cross and Green, City of; incorporate, SB 219 _____________ _ ___________ No action in 1974

Crowe, Ben; regrets at passing, SR 385 _______________ __. .........._..._._............ ___________1226

Cruelty to Animals; prohibit sale of certain animals as pets or

novelties, HB 1600 _________________ . ................... .......................1575, 1583, 2130, 2153

Curb Ramps on City Streets; require for handicapped

persons, HB 1276 ___ __ ... . ... _______........ ._. _________ 562, 574, 686, 689, 2216, 2508

D

Dallas City of; change composition of wards, HB 1783 .. 736, 752, 1127, 1134, 1234

Dalton, City of; provide pension plan for certain employees,

HB 1487 __ _________ ...... ___________ ....... ..................992, 1000, 1215, 1220, 1338

Daniel, Bill; commend, SR 421 ................................................................. ...........1972

Dasher; power of Town Council to levy ad valorem

taxes, HB 1654 .................................L.._........... ............. ____.419, 426, 603, 608, 695

Davis, Mrs. Era S.; compensate, HR 53 ________ __ ...........741, 754, 1214, 1218, 1553

Dawson County Commissioner; compensation,

HB 1858 L........................... ....................................... 906, 914, 1127, 1135, 1237

Dawson County Court Clerk and Ordinary; compensation,

HB 1874 .... ............ _.._. ... .................. .. __________ . 993, 1001, 1215, 1221, 1340

Dav.:--on ' : Sheriff; compensation. HB 1860 ... .. 907, 914, 1127, 1135, 1238

D;;\v.-on < ' .:' Tax Commissioner; compensation,

"rn.'.,;i

_

....... ...... . . 907,914,1127,1135,1237

2624

INDEX

Daylight Savings Time Energy Conservation Act; urge Congress to

repeal, HR 477 ___._____....__.___________....-.._.._______..______._____....____.__._.......__..104, 109, 465, 477

Daylight Savings Time; urge State be exempt,

SR 264

......._........----

...----

89, 171, 207, 256

Daylight Savings Time, Year-Round; relative to, SR 266 _...................................108

Dead Animal Disposal Act; Transportation Department remove

carcasses found on highway rights-of-way, HB 1038 --------------.30, 110, 158

Deaf Sign Language Interpreters; provide for in administrative and

judicial proceedings, SB 488 ___._._.___._..._._._...___.___._..._._..._________.____106, 331, 3'64, 397

Deaf Sign Language Interpreters; provide for in administrative and

judicial proceedings, SB 506 --------167, 277, 304, 379, 404, 2181, 2371, 2477,

2481, 2538, 2555, 2584, 2590

Deaf Sign Language Interpreters; provide in certain judicial

proceedings, HB 1277 _._.______..__...._--_.__._....____...._..____.___..__.__..._.____.._.._.........______502, 531

Dealers Delinquent in Sales Tax; furnish

bond, HB 1104 --------------.265, 272, 1007, 1012, 1241, 1384, 1613, 1748, 2179

Dealers Failing to Make Returns; specific penalty,

HB 1108 ...................................... 296, 300, 602, 613, 703, 731, 767, 843, 899, 1200

Dean, Senator Roscoe; statement .__._._.___.___.______...._.__..__________._______________________.___.87, 1086

Death; provide definition under Anatomical Gift Act, SB 673 ...............826, 920, 923,

1145, 1185

Deaton, Ed; commend, SR 396 ................_..................._........_..................._..............._...1355

Debt Limitation; counties and cities, SR 85 ___._______._...__..____________________________105, 2589

Decatur County Sheriff; change duties, HB 1662 --------.419, 426, 603, 608, 696

Deceptive Advertising and Sales; prohibit certain techniques relating to

beef, lamb and pork, HB 1632 _...____._________.._._____.824, 832, 1006, 1014, 1242, 1280

Deceptive Practices; fraudulent attempts to obtain refunds

unlawful, SB 643 _----------------------.... 597, 919, 922, 1026, 1027, 2582, 2590

Deed, Secondary Security; relieve certain persons from Residential Property

Regulation Act, HB 1333 ................. 676, 681, 917, 930, 1027, 1145, 1242, 1259,

1298, 1385, 1527

Deeds of Trust; alternative method for exercising power of sale

under, HB 1016 ................._..............^......_............................._.197, 205, 666, 759, 763

Default Judgments; change provisions, SB 682 ___.....___.___.910, 1565, 1566, 1613, 1626

Defendant, Criminal Cases; receive notice prior to maximum sentence

based on previous conviction, SB 256 ........................................No action in 1974

DeKalb County Alcoholic Beverage Sale; hours consumption

on premises, HB 1405 .

..

. 1364, 1371, 2164, 2170, 2171

DeKalb County Board of Registration and Elections; powers,

duties, SB 591

.

....................... ----358

DeKalb County Board of Registration and Elections;

provide, HB 1714 ........_..........._.. ........... ..------------1735, 1780, 2164, 2169, 2171

DeKalb County Commissioners; increase members, SB 194 ....... No action in 1974

DeKalb County Commissioners; member qualifying for

another office, HB 2033 --------------------.-.1303, 1315, 2035, 2041, 2063, 2181

DeKalb County Education Board; change school board

districts, HB 736 .............._..._.........._........_.__.._............._._...... 2003, 2030, 2164, 2170

DeKalb County; funds for capital expenditures, SR 350 --------.745, 1588, 1597, 1865

DeKalb County; homestead exemption, HR 231 ................ -....1807, 1818, 2159, 2383

DeKalb County; investigative grand juries, HB 1343 .......... 264, 271, 311, 440, 603,

606, 691

DeKalb County; issue bonds without election, certain

cases, HR 659 ........................_..._............._............._...1739, 1784, 2126, 2161, 2386

DeKalb County; justices of peace, salary and qualifications, HR 656 ........_..._............_.._...................996, 1006, 1215, 1223, 1551

DeKalb County Oglethorpe Housing Foundation; create, SB 714 ----...

INDEX

2625

DeKalb County Oglethorpe Housing Foundation; create, HB 2053 _._.___._____._....._____..._____________ ________...._..1362, 1370, 2035, 2042, 2057
DeKalb County; provide five commissioner

districts, HB 1072 _,,____._.__..-----_-___-_.__,,_,,--_ 2164, 2169, 2171 DeKalb County Recorder's Court Judge; qualifications,
HB 1737 ____________________________________________________----.1113, 1120, 1323, 1333, 1377

DeKalb County School Board Districts; change provisions, SB 630 ___________.________536 DeKalb County State Court; additional solicitor,
HB 2073 ____________________________________--------1580, 1783, 2036, 2043, 2060

DeKalb County Superior Court Clerks; homestead exemption notices, HB 1317 ______________________________.1115, 1123, 1786, 1795, 1859, 2067, 2071

Delinquency, Deprivation of Juvenile; contributing to misdemeanor, SB 277 .---_-.----- .---- No action in 1974

Delinquent Contributions, Unemployment Compensation; increase rate of interest, HB 1286 ---------------------------------- 532, 538, 1009, 1012
Delinquent Taxes; increase interest rate, HB 1109 ------__------824, 829, 2051, 2053 Demand for Trial; held in abeyance until certain date, HB 1528 _____.._...... 1196, 1210 Dental College Clinics; authorize outside the county in which the college
is located, SB 498 ........_..._....._._..._...__.._._.__.._...... 147, 388, 436, 478, 497, 2175, 2590 Dental Examiners Board; personnel, HB 1832 ___.1304, 1318, 1589, 1592, 1859, 2031 Dental Examiners License; grounds for suspension or revocation,

HB 1361 ___________--_--____------------------------_169, 170, 1128, 1137, 2067, 2563 Deplorable Practices of U. S. Congress;
relative to, SR 416 -- ---------- ------------1815, 2096, 2172 Deposits Required for Insurance Business; change provisions relating to

securities used, SB 684 ___----------____--------____------.910, 1786, 1796, 1858, 1938

Deposits; required to accrue interest, SB 1 ...-------- _.------------------........22

Derivation Clause; required in warranty deeds, SB 561 --______.----------------___ 269

Detainers, Interstate Agreement; Georgia be party to,

HB 382 -----_-.___---_--- -----------No action in 1974

Detainers, Interstate Agreement on; Georgia be party to,

HB 569

-----------------------------152, 153, 387, 438, 1241, 1265

Detention Facilities; provide minimum standards, SB 352 _______No action in 1974

Dillard; reincorporate, HB 2081 ___._______________________.____________1963, 1967, 2128, 2157, 2203 Disabled Persons; homestead exemption for ad valorem tax,

SR 22 --------.-.--------------------No action in 1974

Disabled Veterans, Dependents; homestead exemption,

SR 305 _--------___________326, 917, 929, 1027, 1145, 1164, 1188, 1613, 1859, 1957

Disabled Veterans; homestead exemption, HR 561 ._...._..__.... 1307, 1319, 2037, 2039

Disabled Veterans; homestead exemption, HR 562 _____________ 1306, 1319, 1564, 1566

Disabled Veterans; increase homestead exemption, SR 30 ,,...___ No action in 1974

Disclosure of Campaign Contributions and Expenditures; required of

candidates, SB 454 ...

. 50, 684, 690, 768, 791, 2084, 2229, 2584, 2589

Discovery and Inspection; provide for in criminal cases, HB 1380 _______........ 591, 600

Discovery, Criminal Cases; provide for, SB 510 -----.--._______._...___--------------____168

Discrimination Practices, Unlawful; relative to, HB 1589 _..._--_ 1576, 1583, 1961

Discrimination; prohibit in housing accommodations, SB 234 ----------------23

Dismissal of Suits; provide for after three years, SB 45 ___....._.,,....No action in 1974

Dismissal of Suits; provide for after three years due to lack of

prosecution, SB 46---- ----------------..---------- ------------------.No action in 1974

Distilled Spirits Producers; must be citizen and resident of

Georgia for license, SB 260 _.----------------.------------------No action in 1974

District Attorney Emeritus Retirement Fund; eligibility and benefits, HB 1408 ._.,,.. .--._-.... _----.----------- 457, 463

District Attorney; represent dependent child and mother, certain

support cases, HB 580 ------------ _.--------------------------_------28, 758, 2066

2626

INDEX

District Attorneys, Assistant; social security coverage, certain

circuits, SB 540 -- .--------------------

- 228, 388, 437, 479, 503

District Attorneys' Association of Georgia; create, HB 445 ..._.__ No action in 1974

District Attorneys, Attorney General, Judges; compensation, SB 47 --------.----22

District Attorneys, Certain Investigators; authorized to carry

concealed weapons, SB 494 ---------- ------------107, 171, 207, 255, 2176, 2590

District Attorneys, Compensation of Assistant; change in judicial

circuits with more than one judge,

HB 279 ----------------------------996, 1003, 1324, 1330, 1613, 1859, 2066, 2074

District Attorneys Emeritus; change service computation for

retirement, SB 512 .,,----.,,------ 168, 759, 761, 932, 933, 2175, 2590

District Attorneys; grant immunity to witness in felony cases,

SB 12S -- --..-- --.. -.-- --. -- ---------No action in 1974

District Attorneys, Judges; compensation, SB 111 ------------_ No action in 1974

District Attorneys' Retirement Fund Act; compute legislative and

state employment time, HB 235 ....------------------675, 680, 1572, 2215, 2500

District Attorneys' Retirement Fund; change amount of

payments, SB 117 -- .------------. 432, 465, 616, 620, 1575, 2588

District Attorneys; secretaries' compensation, HB 1638 ----1286, 1297, 2095, 2151

District Attorneys; secretaries' compensation, HB 1850 _._..._.1364, 1372, 2034, 2038

District Attorneys; secretaries provided social security

coverage, SB 539 ___._--.------._..,,_.------....----_.....------228, 388, 437, 478, 502

District Attorneys, Superior Court Judges; compensation and

allowances, SB 51 ,,.----------------------------.------ No action in 1974

District Attorneys, Superior Court Judges; limit compensation,

HB 32 ---------------------..----------------------No action in 1974

Divine Creation; theory taught in school along with

evolution, SB 276 -------------------------------------------- No action in 1974

Divine Creation; urge Education Board require teaching in

schools, SR 185 _..... ------------------

. No action in 1974

Divorce; additional ground, SB 422 ..---- ...-- .....171

Divorce, Alimony; revise Code Section, SB 316 -------------------No action in 1974

Divorce; provide for attorneys' fees in certain actions, SB 570 ......_.297, 432, 468,

556, 580

Dixon, Hugh; regrets at passing, SR 439 ....,,,,__----_,,.--.......-.......--------------2549

Doctors; medical license revoked on second conviction for felony, SB 546 -- ----229

Doctors of the Day:

Clause, Dr. John E. . ..

------------------------------. .

175

Dodelin, Dr. R. A.

... --....----------------_------.----... 338

Elder, Dr. Ivan ------------

-- _----...------

369

Green, Dr. George

-- .-.-_.--.-. -_.... .-.------------.__. 556

Hanes, Dr. Curtis __------._.........---- ....-------- _________________----...232

Hoffman, Dr. Kathryn -- ...........----........_.

497

Looper, Dr. Ben ..------------..--__..___._.___--__.__..------------------.._..----....... 92

McDaniel, Dr. Bill ......................_ -------- ..----... ------..._----

.63

Smith, Dr. Richard ----------...............-.-------------------------.-------------- 310

Documentary Film on Bail Bond System in Georgia; relative to, SR 343 ...._--.--------................_.--------------------------------..----614
Dodge County Clerk of the Ordinary; compensation, HB 2105 ----.........--------------.._____.__..__--------------. 1966, 1971, 2127, 2159, 2210
Dodge County Commissioner's Clerk; compensation, HB 2104 ----------.._.----_.--------------,_------..--__.. 1966, 1971, 2127, 2159, 2208
Dodge County Deputy Sheriff; change title, HB 2103 ... 1966, 1971, 2127, 2159, 2208
Dodge County Deputy Sheriffs; compensation, HB 1404 ----..226, 231, 386, 433, 474

INDEX

2627

Dodge County High Marchin' Cumbancheros; commend, SR 398 ----__._____..___ 1383

Dodge County Tax Commissioner; employ tax

commissioner, HB 2106 ...____..........._....____,,_________._____. 1966, 1971, 2127, 2159, 2210

Domestic Relations Commission; create, HR 432 _._.______.____.___._________...________1580, 1586

Dougherty County; abolish office of Tax Commissioner,

HR 569 _____..__._._...._________............__._....____________________.._..._._____ 593, 602, 757, 767, 1102

Dougherty County; grant franchise for garbage collection,

HR 568

_.---,,,,. --592, 601, 757, 767, 1100

Dougherty County Ordinary; compensation, HB 1413 ...........__..__. 226, 232, 329, 366,

390, 421

Dougherty County Sheriff; compensation, HB 1259 ___________ 152, 153, 205, 234, 279

Dougherty County State Court; rename Albany City Court as,

HB 2014 _...._... ----

_............... _.._____.._ 1301, 1313, 1588, 1596, 1825

Dougherty County Superior Court; furnished certain books for

library, HR 678.-----------.--- .

. 1579, 1586, 2164, 2169, 2172

Dougherty Judicial Circuit; additional judge, HB 1633 _______ 1196, 1202, 1565, 1567,

1613, 1623

Douglas County Charter Commission; create, HB 1041 _________ _... No action in 1974

Douglas County Commissioners; date of election, HB 1513 ___ 294, 300, 386, 434, 477

Douglas County Homestead Exemption; 62 year olds, HB 1079 ........... 209, 213, 283

Douglas County Political Subdivisions; actions approved by

commissioner, HB 1042

________

_ No action in 1974

Douglas Judicial Circuit; create, SB 505 _________________ 167, 277, 304, 337, 2582, 2590 Douglasville, City of; change corporate limits, HB 1077 ...._,,.,, No action in 1974 Douglasville, City of; change corporate limits, HB 1961 ..._____________1735, 1780, 2035,

2040, 2055 Douglasville, City of; sale of city property, HB 1078 ____________________No action in 1974 Douglasville-Douglas County Stadium Authority; create,-
HR 660 __________________________________________________ 1198, 1211, 1588, 1597, 1877, 2179 Douglasville-Douglas County Water Authority; create,

HB 1849

.

906, 913, 1563, 1567, 1606, 1792

Drawdy, Sherman; regrets at passing, SR 378 ________._____.__... __________________.1142, 1579

Driver's License; alcohol breath test, suspension procedures,

change, HB 247

.

.. _...._.

..------ 27

Driver's License; change number of points for suspension, traffic

violations, HB 246 . . _______________________________ 104, 159, 198, 215, 982, 997, 1440,

1814, 1931, 2050 Drivers' License; change suspension provisions for drunk driving or
driving under influence of drugs, SB 598 ____________________________________________________ 381 Driver's License Examiners; salaries, HB 1326 _______ 420, 427, 686, 690, 768, 843, 902 Drivers' License, Honorary; provide for decal, HB 1394 ______ 1577, 1581, 1820, 1823 Driver's License Laws Study Committee; create, SR 393 __________-_______________.________1310 Driver's License; notation showing donor under Anatomical
Gift Act, SB 599 ............. ___________________________________________ 381, 685, 689, 768, 933, 940 Drivers' License; permission for gift of all or part of

body, HB 1560 ............................._.._.....__.._....._...__.._._.676, 682, 921, 925, 2067, 2125 Drivers' License; Public Safety Commissioner formulate rules and
tests, HB 1637 ________________ _________________ ____________ ________ 1810, 1817, 2131, 2153, 2577 Driver's License; revocation or suspension required, certain
offenses, SB 340 _______________________________ _________________________________ 363, 389, 444 Driver's License; suspended on drunk driving conviction, driving
allowed, certain cases, HB 1279 ____________________________..._______----___1966, 2030, 2129 Driver's License; suspended on first nolo contendere plea for

drunk driving, SB 343 ________________________________________________________ No action in 1974 Driver's License, Veterans; relative to, SR 328 ______________ 460, 604, 610, 843, 893

Driving While Drunk or on Drugs; change punishment provisions, SB 598 _______ 381

2628

INDEX

Drug Abuse; change penalty provisions for possession of

marijuana, SB 429 ..------.------------------------45, 111, 150, 174, 825, 2589

Drug Abuse Control Act; change time limit on condemnation of

merchandise, SB 215 ....----.-.----------._..--------------_..----331, 364, 406

Drug Abuse Control Act; supersede and repeal, SB 495 ------107, 277, 303, 338,

368, 392, 2049, 2085, 2589

Drug Abuse; prohibit sale of hypodermic syringes and other devices

except to authorized persons, SB 428 --...--------------45, 685, 688, 767, 777

Drug Abuse; statement to professional educator by student,

confidential, HB 983 -------------------------------------------- No action in 1974

Drug and Cosmetic Act; amend relating to artificial sexual devices, SB 78 ..._... 22

Drug Dependent Persons; change provisions for treatment,

SB 617 --...----.-..---------....--..------------460, 604, 612, 703, 768, 843, 873

Drug Dependent Persons, Emergency Hospitalization; change

examination procedures, SB 563 ----.------269, 431, 467, 556, 576, 2175, 2590

Drug Dependent Persons; emergency hospitalization

procedures, SB 381 ------------_.------------------------------.No action in 1974

Drug-Dependent Persons; establish penalties for drug violations, SB 431 --46, 111,

150,178

Drug Laws; redefine marijuana, SB 449

._----------------49, 233, 278, 318

Drug Offender; must serve full sentence, SR 307 ---------- 326, 760, 764, 933, 964,

991, 1145, 1176

Drug Offenses; change punishment for certain violations, SB 660 --------.--..742

Drugs, Dangerous; provide who may prescribe, SB 613 ----459, 685, 689, 768, 843,

895, 2176, 2590

Drugs, Driving under Influence; change punishment provisions, SB 598 __..._..381

Drugs, Narcotic; physical exam required within last five years before

prescribing, SB 547 .------------------------------.....------230, 685, 688, 768, 816

Drugs; penalty for possession of one ounce of marijuana,

SR 73 ---_._.____-------_.___...----_...._-----.-----.._.-- No action in 1974

Drugs; proceeds from condemnation of vehicles used in transporting,

change distribution procedures, SB 216 ._.--------.-------------- 331, 364, 407

Drugs; provide for disposition of vehicles used in illegal drug

traffic, HB 418 ------------ .... ......

.........

...No action in 1974

Drugs, Vehicles Transporting Illegal; contraband, HB 1474 ----------675, 682, 1011

Drunkenness in Public; repeal Code Section,

SB 330 ..------...--------------.....--------.---- 149, 172, 236, 2519, 2521, 2590

Dublin, City of; change corporate limits, HB 1208 --------.----------..--------..86

Dublin, City of; property return for taxation, HB 2097 ... ----... 1965, 1970, 2127,

2158, 2206

Dyar, Hubert L.; regrets at passing, SR 253 .............__......__.._.................... ... ------ 80

Eagles Baseball Team and Coach Ron Polk; inviting to attend session of Senate, SR 331 ...--------...---- .------ ..----------------531
Early County Board of Commissioners; contract provisions, HB 1312 ... ---------------------- _...._..__.... 196, 203, 275, 306, 333
Early County Sheriff; compensation, HB 1311 -------------- 195, 203, 275, 306, 333 East Point, City of; homestead exemption, HR 441----740, 753, 1127, 1135, 1532 East Point Mayor; functions and duties, HB 1762 ...... 1735, 1780, 2128, 2154, 2185 Eastern Wilderness Omnibus Bill, Federal; relative to, HR 284 .........----31, 687 Eastman; debts paid by warrants or vouchers,
HB 1946 ----.-..------------------------------------1191, 1205, 1563, 1568, 1608

INDEX

2629

Edmonson, John C. Jr.; compensate, HR 539 ____________________740, 754, 1214, 1219, 1557

Education; Adequate Program for Education in Georgia (APEG), provide, SB 672 ............ 826, 920, 923, 1027, 1145, 1241, 1384, 1396,

2182, 2225, 2590 Education Board, State; repeal provision requiring certification

of universities or colleges, SB 559 _______

--------------------.._.---- -- 269

Education Boards, Counties; may pay premiums on insurance

policies for employees, SB 571 _________________________________________ 297, 386, 438, 617, 656

Education Boards; exempt from provisions of open

meeting Act, HB 200

..

Education, Minimum Foundation Program; change

No action in 1974

provisions for regional public libraries, SB 665 ----------------------------.....--------743, 920, 922, 1027, 1093, 2583, 2590

Education, Minimum Foundation Program; eliminate local contribution, SB 122 ______________________________________________ ______ .__ .........No action in 1974

Education, Minimum Foundation Program; funds sent directly to public libraries, HB 1887--_------..---------- 1366, 1373, 1789, 1799
Education, Minimum Foundation Program; personnel and fund allotments to schools designated "isolated", HB 1571 __...________... ------ 1577, 1582, 1821, 2009, 2040, 2216, 2231
Education, Minimum Foundation Program; provide for instruction of married or pregnant pupils, SB 504 _._.._...__....._._.__..._........_....._................... 148, 277, 304, 344, 2049, 2093, 2589
Education, Minimum Foundation Program; provide for State funding, SB 490 _________________________________________________________________________________________ 106

Education, Minimum Foundation Program; reduce local

units' contribution, SB 356 ___._._.... --

-

_ No action in 1974

Education, Minimum Foundation Program; school bus

drivers, minimum salary, HB 1687 ____________ 1116, 1124, 1324, 1330, 1385, 1465

Education, Minimum Foundation Program; special

assistance fund for local units, SB 10 ,,.._..-- ..----.---- No action in 1974

Education, Minimum Foundation Program; teacher

certification requirements, HB 1815

...... 1196, 1211, 1564, 1567, 2067,

2216, 2517, 2586

Education; provide special classes for students behind

national average, SB 711

.............. ____...______... 1308

Educational Evaluation Act; enact for educational

improvement, HB 369 _..._.... ___________

No action in 1974

Educational Facilities, Special; redefine "exceptional

child", HB 1504 _________________________ 738, 746, 920, 925, 1027, 1145, 1242, 1275

Educational Grants; to children of deceased or disabled

servicemen, SR 93 ____._.........

No action in 1974

Educational Research and Development Program;

create, HB 367 ------ ______________ _____________________________________ 27, 171, 291

Educational Services Agencies, Cooperative; amend relating to financing, SB 631__ --------.--595, 757, 762, 843, 865, 2582, 2590

Elbert County Chamber of Commerce; commend, SR 346 . _______________________________-614

Elected and Appointed Officials; fiscal notes accompany

salary legislation, HB 979 _____

_------------105, 108

Elected Officials; compensation increase prohibited during term, SR 79 ____.--________ .--------------------__..-- _____________ ____109, 150, 180

Elected Officials; compensation increase prohibited during term, SR 115 __.._----------------.....-.._

No action in 1974

Elected Officials; resignation required before qualifying

for another office, HB 394

......

No action in 1974

2630

INDEX

Election Code; amend relating to campaign finance, SB 426 ......... ____________45, 684

Election Day; declare legal holiday, SB 382 .... ..................No action in 1974

Election Day, General; legal holiday, SB 96.. ... .

...... ....No action in 1974

Election Districts; reduction of size, delete

certain provisions, SB 411 ______ ___ ______ ........ ________ _ No action in 1974

Election Registrars; college deputies register only students

or employees, SB 383 ________________________

____..... ....No action in 1974

Election Superintendents; provide certain candidates

with returns, HB 438 ...............................................

.............. 1789, 1796

Elections; campaign activities prohibited within certain

distance of polling place, HB 88

....... ______

. ... _ ...919

Elections; campaign contribution disclosure, certain

State offices, HB 1261 ___________________________________ ______________ ______ 678, 681

Elections; candidates qualify with only one political party, HB 59 .. ..... 430, 466

Elections; change provisions for qualifying by petition, HB 227 .......... 216, 227

Elections; change residency requirements for

electors, HB 1335 _ ________

______ 420, 428, 919, 924, 1027, 1145, 1242, 1284

Elections Code, Municipal; clarifying amendments,

HB 1313 ______ _____________________________ 419, 427, 919, 924, 1027, 1145, 1242, 1292

Elections; electors must vote in district in which registered, HB 226

...... 430

Elections; establish procedure for date selection for

Presidential preference primary, HB 1615 _______ 824, 831, 919, 925, 1613, 1752

Elections; Governor and Lt. Governor elected as a

unit, SR 20 ._.._..._._._._.........._..._...................................... ... . . .. . No action in 1974

Elections; Governor and Lt. Governor elected as a unit, SR 36......No action in 1974

Elections; increase minimum number of vote recorders

required at polling places, HB 1630..................... ... 824, 832, 1589, 1594

Elections, Municipal; change time for registration,

provisions for publication of notice of special

elections, SB 642 ________________________________________ .. .. .........597, 684, 691, 843, 889

Elections, Municipal; voter eligibility, procedures for

defective ballot cards, HB 1336 _ ... 420, 428, 919, 924, 1027, 1145, 1242, 1285

Elections; provide for non-partisan elections for appellate,

superior and supreme court judges, SB 342--............. .___._ No action in 1974

Elections; revise procedures for absentee voting,

HB 1310 ___________________________________._______.____419, 427, 919, 924, 1027, 1145, 1241, 1283

Elections, Special; extend time for voter registration, SB 553_______ 267, 330, 365, 410

Elections, Special; limit number of polls to be open, HB 1266

... . 324, 328

Electors; change residency requirements,

HB 1335 ............_..................._._.........__..420, 428, 919, 924, 1027, 1145, 1242, 1284

Electric Lines, High Voltage; relating to precautions

around, definitions, HB 1629 __________ ______ 1304, 1317, 1590, 1593, 1859, 2011

Electric Membership Corporations; authorize compensation for directors, SB 500 _..._...._..._.................._...... ..............148, 541, 542, 616, 703, 709, 2174, 2590

Electrical Contractors Act, Georgia; issue license without examination, HB 1431 .__ 381, 384, 1009, 1013, 1242, 1859, 1980

Emergency Powers; authorized to Governor, certain circumstances, SB 575 .................. ._______________.__..___.298, 684, 690, 768, 843, 870

Emergency Powers of Governor; designate power to law enforcement personnel, HB 1507 ___________ _ . -1195, 1210, 1789, 1797, 2216, 2375

Eminent Domain; compensation to special master in proceedings, HB 8 ____. ....... ..... ..... _._._..._........................... No action in 1974

Employees' Compensation; deferment, State, City or County, HB 1590......... ....... ......... ... 823, 831, 1216, 1225, 1613, 1859, 2028

INDEX

2631

Employees of State, Cities, Counties; salary deferred with

consent, SB 680____________--______......._._._.....___________--..._____,,.

909

Employees' Retirement System; appellate court judges,

benefits, SB 75

--._._..

No action in 1974

Employees' Retirement System; certain superior

court employees eligible, HB 138 _________________________________ 26, 384, 479, 527, 1011

Employees' Retirement System; change age provisions after 35 years' service, HB 58 _________________________________________________ 606, 612, 703, 724, 997

Employees' Retirement System; change credit for service in armed forces, SB 105 .............. ______________________________________ _...No action in 1974
Employees' Retirement System; county tax officers, change provisions, SB 155 ________ ______..--. ________ ... _.._....._ ______ No action in 1974
Employees' Retirement System; credit for prior legislative branch service, certain cases, SB 514.____ _________________________________________________ 198

Employees' Retirement System; credit forfeited annual and sick leave, HB 346 ... ___________ _________ -.457, 462, 1326, 1331, 1613, 1617

Employees' Retirement System; include conservation rangers of the Natural Resources Department, also Revenue Department employees, HB 1526 ___________ .1304, 1316, 1822, 1823, 2216, 2419
Employees' Retirement System; investment of assets, HB 391- ___.___.___._________._.___.28 Employees' Retirement System; military service credits,
SB 199 __________ ______ ..... ________________ _____________ ------__------_. ____No action in 1974 Employees' Retirement System; Public Safety Department
Employees, retire after twenty years, SB 104 ....__.._......__..___ No action in 1974 Employees' Retirement System; retirement age specified
for medical examinations, HB 390 -_-_.._--___ 28 Employees' Retirement System; special benefits for certain
Public Safety Department employees, SB 70 ____________________ No action in 1974

Employees' Retirement System; Warm Springs Foundation employees, credit, HB 1369 ________ ___ 457, 462, 759, 762, 933, 969
Employees' Retirement System; Warm Springs Foundation employees, receive credit, SB 473 ....._......_ ..._,,_..... ....._.._....._..._._._.... ........... _...._. 75
Employment Agencies, Private; regulation of, HB 1556 _____ ........ _ _______________________ ____908, 916, 1128, 1132, 1242, 1859, 2008
Employment; change provisions relating to persons under 18 in places where alcoholic beverages are sold, SB 551 _________ _________________ _____ 267, 606, 610, 703, 706, 1813, 2589
Employment Security Law; increase maximum benefit amounts, HB 1355 .......... ____________ _______ .... _______ 295, 301, 540, 543, 617, 652
Enigma; municipal elections, SB 648 ............... ____679, 918, 926, 1018, 2174, 2590 Environmental Education Advisory Council; create,
work with Natural Resources Department, HB 1395 .__._._.._ 355, 361, 687, 691, 2067, 2560

Environmental Protection Division; administer and

provide loans for water and sewerage treatment

facilities, HB 249 ________ _______ ______________ ______________________________ No action in 1974

Equalization Board for Property Tax; repeal Act

creating, SB 362 _

..._ _____________.._____________No action in 1974

Equalization Board Members; alternates serve, HB 1532 __________________________ 908, 915

Erosion and Sedimentation Act of 1974; provide

for, HB, 1070 ___________ ________________________________________ ..___.._737, 745, 1217, 1226, 2066

Escape, Aiding; change penalty, HB 1695 ...... ________ ....1861, 1967, 2096, 2152

Escape; redefine escape from lawful custody, HB 1352 ______ __________________________ ________ 823, 830, 1325, 1330, 1613, 1614

Escape; unlawful to aid another prior to and after conviction, SB 523..--------..200

2632

INDEX

Escrow Procedure, Construction Contracts; limit amount and

define terms, certain contracts, SB 44......________.____... ................No action in 1974

Estate, Simple; ordinary appoint guardian for

incompetent heir, SB 280 ..

..

.......... 363, 389, 442

Ethics Committee; create in General Assembly, SB 418 . .........

..._..... .684

Ethics Committee for House and Senate; create, HB 1280.................. 1304, 1316

Ethics' Law; provide for disclosure of campaign

contributions and expenditures by candidates,

SB 454 __..........__.___.___.............. 50, 68.4, 690, 768, 791, 2084, 2229, 2584, 2589

Evans County Ordinary; compensation, SB 632 ....... 595, 756, 766, 835, 1738, 2589

Evans, Miss Elaine; commend, SR 432 .............._._._.........._.............._...................2173

Evidence; unlawful to tamper with or plant, HB 1374._. 227, 232, 387, 439, 479, 530

Evolution Theory; taught in school along with theory of

special creation, SB 276 __.__..._......_.._._..._........_..._.._.... ............ No action in 1974

Examining Boards; additional points given certain

applicants, HB 1601 __..__...........__.__..._......_._..._...............

..... ........1196, 1211

Exceptional Children; special educational facilities,

HB 1504 _______.___..__...__________._..__________..____738, 746, 920, 925, 1027, 1145, 1242, 1275

Excise Tax, Malt Beverage; cities and counties impose,

HB 1415 .-..__.........-_ 1578, 1582, 1741, 1819, 1824, 2067, 2073, 2164, 2368, 2373

Executive Branch Employees; may be employed by

Legislative Branch, SB 221 .

.

No action in 1974

Executive Center Fine Arts Committee; establish,

SB 653 ........... 680, 1217, 1225, 1384, 1612

Executive Reorganization Act; amend relating to

classification of positions by department heads, SB 273 ....... No action in 1974

Eye Diseases; urge President and Congress to fight, HR 648..... ....... ... . 825, 841

Eye Protective Devices; required for teachers and students,

certain courses, HB 172 ........__........_.__......_............ ................. 26, 90, 155

Eyeglasses and Sunglasses; lens requirements,

HB 1306 ........ ..... . ........... ....... 265, 273, 920, 924, 1027, 1145, 1241, 1267

Fair Market Value; establish criteria to determine on

real property, SB 641 _______ __....___._.__.._______...596, 917, 929, 1026, 1030, 2583, 2590

Fair Market Value; redefine in Code Section 92,

SB 225 ___.-...________...._______.__..._.______...___._______._._.__..._,,____... . .... .......No action in 1974

Fairburn Recorder's Court; increase maximum penalty,

HB 1982 _,,

.

...........1735, 1780, 2128, 2154, 2186

False Arrest Suits; peace officers protected from, SB 400 ....______. No action in 1974

Family Counseling; regulate, provide for licensing,

SB 677 ..

_.

. .......... 827, 1217, 1225, 1769

Family Court of Human Relations; provide,

SR 275 -._--...

-..169, 1129, 1137, 1384, 1613, 1859

Family Court Study Commission; create, SR 146--........... .... No action in 1974

Family Court Study Commission; create, HR 432......... . . .... ... 1580, 1586

Family Court; superior court judges create within

circuit, SR 175 ____-__....______..___.. ................ ........... ............ ......... No action in 1974

Fannin County Board of Commissioners; change number

of members, SB 702 __________...._._____....______ 1118, 1216, 1224, 1353, 2049, 2544, 2589

Fannin County Ordinary; compensation

SB 700 _.-......_____..___._..._______......______._...._.._.___._______.1118, 1216, 1223, 1346, 2177, 2589

Fannin County Sheriff; additional deputy, SB 406 __......___________....No action in 1974

INDEX

2633

Fannin County Superior Court Clerk; compensation,

SB 701 ----------------._......--------------------1118, 1216, 1224, 1352, 2177, 2589

Fannin, Union & Towns Counties; steel traps

to hunt unlawful, HB 2102 ----.--------.,,_----------1966, 1970, 2127, 2159, 2208

Farm and Forest Lands; provision for tax assessments,

change, SR 72 --

--...--

---- .._..----

-- No action in 1974

Farm Trailers; exempt from independent braking system

requirement, HB 1350 --------------------------------324, 328, 540, 543, 703, 722

Fayette County; governing authority authorized to enter

certain leases, HR 680 ....

1307, 1320

Fayette County; homestead exemption, HR 671 ....... 1739, 1784

Fayette County Ordinary; compensation, HB 1950 ......1191, 1206, 1587, 1603, 1836

Fayette County Sheriff; compensation, HB 1949---1191, 1206, 1587, 1602, 1835

Fayette County Superior Court Clerk; compensation,

HB 2095 ............................._._.._..._..._..._......,._.___._._.__......1965, 1970, 2127, 2158, 2206

Fayette County Tax Commissioner; compensation,

HB 1951 .......... ._..._......__.._........._..__.___.___...._..__..... ....1191, 1206, 1587, 1603, 1836

Fayette County Treasurer; abolish office, HB 2020 ...1302, 1314, 1588, 1596, 1826

Fayetteville; redefine corporate limits, HB 1915 ........... 994, 1003, 1215, 1221, 1343

Federal Eastern Wilderness Omnibus Bill; relative to, HR 284 ....................31, 687

Felons Over Age 13; in custody of Offender

Rehabilitation Department,

SB 292 ............. _...___..__.___._________.___..___760, 764, 842, 857, 2084, 2107, 2178, 2589

Felony Cases on Appeal; bail allowed on all except

capital offenses, SB 699 ......_._...___.___.........._...._.....___.1118, 1327, 1328, 1384, 1613

Felony; possession of certain knife unlawful

while committing, HB 93 ........... -----------105, 108, 833, 834, 1859, 2032, 2179

Ferdie, Ainslee; Senate floor privilege, SR 326 _...............___.___...........__.._____._...__....477

Fertilizer Spreaders; width requirements,

HB 1373 ....---..--------------------------823, 830, 1010, 1017, 1613, 1620, 2050

Fidelity Bonds for State Employees; authorize

Administrative Services Commissioner to

procure, HB 744._...._._._._........ ........._.._._._.___.__..........677, 681, 919, 923, 1241, 1266

Fiduciary Investment Companies; invest in real estate,

certain amounts, HB 1705 .._....._._____.__..__..._..___.1116, 1125, 1786, 1794, 2067, 2111

Financial Disclosure and Conflicts of Interest Act;

enact, SB 474 .................. .

.

75, 684

Financial Institution Laws Study Committee; create,

SR 169

.

. No action in 1974

Financial Institution Laws Study Committee, Joint; create, HR 317--.______._------ 31

Financial Institutions; no discrimination against borrower

because of sex, race or religion, HB 91 ..._.._._...__..._............_.._. 420, 427, 602, 613

Financing and Investment Commission Act, Georgia

State; reimbursement, HB 1591 ........... 532, 538, 918, 930, 1027, 1145, 1242,

1385, 1480

Financing and Investment Commission; declared

agency of the State, SB 625 ....__......... 535, 602, 613, 843, 896, 2084, 2122, 2589

Financing and Investment Commission, State; Attorney

General be legal representative, SB 683 ....... _._._._._.. 910, 1128, 1131, 1241, 1257

Fire Hazards, Buildings; change provisions relating to,

SB 15 ........

. . ...... ................................No action in 1974

Fire Hazards, Buildings Used for Medical Purposes;

change provisions, SB 19 ____________________________________________________________ No action in 1974

Fire Protection Assistance Programs, Federally Funded; Forestry Commission participate, HB 1534 .......... --------------------------. 1303, 1316, 1791, 1799, 2067, 2124

2634

INDEX

Fire Safety, High-Rise Buildings; provide regulations,

SB 59 ......................................................................................... . No action in 1974

Firearm, Possession of Certain Knife or; unlawful

while committing felony, HB 93 .........._..... 105, 108, 833, 834, 1859, 2032, 2179 Firearms Act, National; exempt registered persons

from criminal provisions, SB 371 .__.__.._......._..._.......................... No action in 1974

Firearms and Weapons Act; add provisions of National Firearms Act, SB 372 ____________________

No action in 1974

Firearms and Weapons Act; amend to define shotgun,

SB 459

.

51, 110, 150, 186, 2084, 2100, 2589

Firearms and Weapons Act, Georgia; redefine

"sawed-off shotgun", HB 1245 ___ _

_________

............ 266, 272

Firearms; define crime of criminal possession, SB 175 _...... ........No action in 1974

Firearms; illegal to alter or modify serial number, SB 544 _._.._...._.................._.._._......-.._._._................................. 229, 387, 437, 479, 498

Firearms; illegal to alter serial number, SB 385 .......................... No action in 1974

Firearms; include pellet pistol in definition, SB 88

...... ... _ 2571, 2573, 2574

Firearms; pistol possession without license punished as felony, HB 473

. 592, 599, 1129, 1136

Firearms, Short Barrelled; change length provisions, HB 1242

_ 295, 301

Firemen; lung or heart disease considered accidental, in line of duty, certain cases, SB 302 ..... __________....

_...... No action in 1974

Firemen's Pension Fund Act; redefine "volunteer

firemen", change powers of Board of Trustees, HB 1514 ________________________________________ 592, 601, 1822, 1823, 2216, 2220

First Offender; records kept confidential, SB 709....... _ First Offenders, 18 to 25 years; Corrections Board have

1201, 1790, 1799

authority if convicted on misdemeanor charge, SB 147 . ... No action in 1974 Fishing Boats of Aliens and Non-Residents;

license fees, HB 1346 ______________________ _ ________ 265, 273, 687, 691, 1242, 1269

Flag, State and National; exempt from sales tax, SB 434 .......... __ _ __ .....46 Flame of Unity; urge Governor to install and maintain, SR 419 ............... 1971

Flanagan, Anthony; commend, SR 362--......... _.. __ ... ..------....... .. ....945 Flanagan, Anthony; inviting to attend session of Senate, SR 363 ...... --945

Flashing Amber Lights; rural mail carriers display, HB 1323 ______________________________ _________________1356, 1359, 1821, 1822, 2216, 2526, 2588

Flashing Red Lights; certain private motor vehicles,

HB 1508 ________ ______---------- -.1195, 1210, 1789, 1797, 2216, 2376, 2478, 2480

Flint Judicial Circuit; additional judge, HB 1891 ....

..... _ 1750, 1778

Flovilla City Court; prosecuting officer, SB 487 ______ 106, 205, 234, 279, 737, 2589

Floyd County Board of Commissioners; expense

allowance, HB 2002 _________________ ...................

1300, 1312, 1587, 1604, 1838

Flue-cured Tobacco; licensing and marketing,

HB 1321 -----_---- ---------- _-----____ 169, 170, 429, 467, 557, 617, 668, 2179

Food Act, Georgia; amend relating to labeling of honey, SB 461 ___________ .........._............... ....... .................. 51, 149, 172, 221, 2047, 2589

Food Act, Georgia; amend relating to labeling of honey, SB 486

_

106

Food Service Establishments; employment of persons

with communicable diseases prohibited, SB 493_ _

. ..

107, 685

Food Service Establishments; information on menus about

certain meat, HB 1452 ___________ 457, 463, 920, 925, 1027, 1145, 1242, 1385, 1454

Foreclosure of Mortgages on Personalty; change procedures for summons, hearings and appeals, SB 543 ......................... ............ ... ... 229
Foreclosure, Real Estate; notice mailed to apparent owner, HB 26 ...... ......... 234

Foreclosure Sales; written notice to persons holding

incumbrances on property, SB 174........... ..... ............ . ......

759

INDEX

2635

Foreign and Domestic Corporations; penalty for

failure to file report, HB 1328 _________ ..._.___.___._.... _________________.457, 462, 1009, 1014

Foreign Judgments; provide for enforcement, HB 734........_...._... _ 29, 384, 450

Forest and Farm Lands; provisions for tax assessments,

change, SR 72

..__._____. ._...__.No action in 1974

Forest City Gun Club; commend, SR 332 ___________________________________________________________ 531

Forest Land; urge constitutional amendment to tax at use value, SR 143 ........... 26

Forest Park, City of; homestead exemption, HR 498.....__._._.296, 302, 919, 929, 1105

Forest Timber in National Forests; pertaining to cutting,

HR 725 _________ ____________________________________________________________ 1579, 1586, 1821, 1824

Forestry Commission; check infestation in trees,

HB 1535 ...._............_.__..._.................._..._...._..... 1115, 1123, 1322, 1329, 1613, 1751

Forestry Commission; federally funded fire protection assistance

programs, HB 1534 ____________________________________ 1303, 1316, 1791, 1799, 2067, 2124

Forestry Commission, State; manage and protect any forest

lands under jurisdiction of State,

SB 537 .__.__.......__..__.___________..________..__..__._______.... 228, 541, 542, 617, 652, 2046, 2589

Forestry Commissioner, State; acquire by gift land for tower

sites, SB 538 ________________________________________ .___ 228, 541, 542, 617, 653, 2047, 2589

Forsyth and Cherokee Counties State Court; create,

HB 1906 ______________________________________ 994, 1003, 1129, 1136, 1860, 2012, 2075,

2080, 2085, 2106, 2119, 2178

Forsyth City Recorder; change qualifications,

HB 1988 . _______________ __________________________________________ 1736, 1780, 2035, 2041, 2056

Forsyth County Commissioners; business license,

HR 624 _______________________________________________________________ 908, 917, 1127, 1136, 1537

Forsyth County; provide for Public Safety Commission,

HR 668 ........._.._._.____.__.___._-................._.__.__...____.__.__...... 1199, 1213, 1588, 1599, 1905

Fort Oglethorpe Mayor and Alderman; election,

HB 1682 _________________________________________ ______________________ 456, 461, 756, 765, 836

Fortson, Ben; address joint session, HR 480________. _______ ______________________ 104, 151, 208

Fortson, Honorable Ben; remarks ______.___.________,,_.__...__..__._._.________.__________.___________ 208

Franklin; selection of employees by mayor & council,

HB 2009 ___________ ______________________________ ______________ 1808, 1816, 2128, 2155, 2187

Fulton County; additional tax on alcoholic beverage sales,

SB 318 ___________________________________________________________ _______________________ No action in 1974

Fulton County Airport; change name to Charlie Brown,

SB 412 ______________________________________________________________________________ 2182, 2222, 2590

Fulton County Alcoholic Beverage Sales; hours, SB 661 _

_______ ________743

Fulton County-Atlanta; ad valorem tax-

penalties, SB 712 ______________________ .1309, 1588, 1597, 1851, 2520, 2531, 2591

Fulton County-Atlanta; employees, pension credit, SB 95 ............No action in 1974

Fulton County Board of Commissioners; composition,

HB 498 _______ _______ _________________ _________________________ ____________ No action in 1974

Fulton County Board of Commissioners; election, HB 1515 ._..._.......... 1808, 1815

Fulton County Commission Chairman; ex officio member of

Atlanta Police Aldermanic Committee, SB 248 .......... _ No action in 1974

Fulton County Commissioners; composition and election

of members, SB 269 _________________________________________ ________________ No action in 1974

Fulton County Commissioners; vacancies and

districts, SB 685 ....... ...................... _____ 910, 1127, 1133, 1232, 2583, 2590

Fulton County; create magistrates' courts in lieu of justice

of peace or notary public ex officio j.p., SB 651 ________________ . 679, 2393, 2394

Fulton County Criminal, Civil, Juvenile Court Judges;

change retirement qualifications, SB 52 _____________ ... __ ____No action in 1974

Fulton County Criminal, Civil, Ordinary and Juvenile

Court Judges; salaries, HB 170 ,,.._____.__._____..______________ ____.____.___..___...152, 153

2636

INDEX

Fulton County Criminal Court; additional personnel,

HB 568

_--------------

....918, 927, 1023, 1200

Fulton County Criminal Court; six jurors, SB 35 ............... .. ....No action in 1974

Fulton County Criminal Court, Solicitor General; salary, HB 1620 ._.._.----------..:.----------------.1735, 1779, 2128, 2153, 2183

Fulton County; Director of Registrations and Elections,

create office, SB 317 .. .

,,

No action in 1974

Fulton County; Director of Registrations and Elections, create office, SB 319 --------..--------------------. .............No action in 1974

Fulton County Emeritus Offices; exempt from repeal, HB 1500 .._....._._...:......__._._......_..._.............. .....733, 748, 1127, 1133, 1233

Fulton County; examination of statistical engineers and firemen; repeal act, HB 1502.._..........._............ 1734, 1779, 2128, 2153, 2183

Fulton County Governmental Structure Commission; create, SR 190 --------------------------..--.. ..................... No action in 1974

Fulton County Grand Jury; requirements, HB 991 .......... . ..No action in 1974

Fulton County; homestead exemption, SB 205- .. ........... . ..... .

23

Fulton County; homestead exemption, increase, HR 30

506

Fulton County; increased retirement benefits for employees, SR 27 _..............._.............. ........... 1588, 1597, 1863, 2215, 2227, 2591

Fulton County Jurors & Bailiffs; compensation, HB 1503 ._.._........_.............___._._._.................... .......1113, 1120, 1586, 1600, 1829

Fulton County; levy hotel & motel tax, HB 1499................. .. ...

1807, 1815

Fulton County Manager; chief administrative officer, HB 1092 ----------------..----------------. .................. ....No action in 1974

Fulton County; pari-mutuel wagering, SR 256 ______

_____ .__.... ....

53

Fulton County Pension Plan; include certain officers and employees, SB 101 _____________________________ _________

_____ 1117, 1252, 2590

Fulton County; pensions to retired individuals, certain

cases, SB 81 ..

________ ______ ........

2176, 2590

Fulton County Planning Commission; repeal, HB 1728 ...._............_.'.._................1808, 1815, 2128, 2154, 2183, 2519, 2524

Fulton County; prohibit distribution or possession of artificial sexual organs, SB 351_____ __________________

..... ... No action in 1974

Fulton County School System Retirement; formula for reduction, HB 1520 _ _____________ .__ ___ .... ......733, 748, 2127, 2160, 2211

Fulton County School System Retirement; postponing commencement, HB 1519 ........ ...... 733, 748, 2126, 2160, 2200, 2585

Fulton County School System Retirement; prior service schools, HB 1521 _____________ .................... ... 733, 749, 2127, 2160, 2211

Fulton County School System Retirement; reduce pensions, HB 1523 ________________________________________ _________________ ___________ ....1735, 1779

Fulton County Special Purpose Grand Jury; provide, HB 992 ____......_.__..__......._____......._.....-_...... ............. 1323, 1334, 1380, 2179

Fulton County Superior Court; additional judges,

SB 425

20, 1130, 1137, 1384, 1612, 1753, 1769, 1774,

2534, 2535, 2590

Fulton County Superior Court Clerks; additional deposits

to file civil case, SB 245-..--------.--------------..------------ No action in 1974

Fulton County Tax Assessors Board; business and delinquent

tax returns, repeal provisions, SB 244 ..... ________ _________ ________ No action in 1974

INDEX

2637

Pulton County Tax Assessors; method of arbitration, HB 1819 _....................._.._.................._---------- .........1808, 1815, 2128, 2154, 2185
Fulton County; tax levy descriptions, repeal Act, SB 246................._..___._._.825, 2589 Funeral Service Contracts, Pre-Need; change provisions
and requirements, HB 1676 ... _...___.___._______.___.1116, 1124, 1589, 1595, 1859, 2005 Fuse, Mr. and Mrs. Lee Andrew; commend, SR 373--_------------_____ _______________ 1025

Gambling Devices; exclude certain devices used for recreational

purposes, SB 710 ....................--..------..--._--....._...----.........._......._----_--............ 1308

Game and Fish Laws; change provisions on commercial

taking of shrimp and crabs, SB 662 --.743, 1010, 1012, 1144, 1156, 2048, 2589

Game and Fish Laws; change provisions relating to

taking of crabs, SB 664----.----.743, 1010, 1013, 1145, 1158, 2478, 2482, 2590

Game and Fish Laws; change provisions relative to license

fees for commercial fishing boats of aliens and

non-residents, HB 1346 ............... ........._.....----.... 265, 273, 687, 691, 1242, 1269

Game and Fish Laws; require bond for commercial

shrimping or crabbing, SB 663 ----______ 743, 1010, 1012, 1145, 1157, 2048, 2589

Gantt, Master Chuck; expressing sympathy to parents, HR 603 .-- _.___ 594, 615

Garden City; extend corporate limits, HB 2051 _._..._.........___.___._.--.....___.... 1736, 1781

Garden City; extend corporate limits, HB 2101 .----.1966, 1970, 2127, 2159, 2207

Garnishee, Judgment Against; change certain terms,

HB 1435 __________ --------_------_.--------------....________'____1576, 1582, 2097, 2151

Garnishment Proceedings; change provisions, SB 281--.... No action in 1974

Gasoline Dealers; additional regulations and

requirements, SB 549 ____________________________________ ____________________ ______ 230, 758, 760

Gasoline Dealers; giveaway programs prohibited, SB 550_______ ___________________ 230, 758

General Assembly; adjournment by Governor __.._..._ _______ _._________--....___ 2163, 2222

General Assembly Adjournment; sine die Feb. 26,

HR 786 ___________ ...._._----____-_._-_-_----__...----..___._----_....2270, 2487, 2559, 2562

General Assembly; aye and nay vote required on legislation

fixing compensation of State officials,

SB 441._ _________________________________________ 47, 233, 278, 311, 2534, 2539, 2584, 2590

General Assembly; Governor report to annually on

goals and policies, SB 471 ........... ____________________74, 430, 466, 556, 577, 2583, 2590

General Assembly Laws; approval or rejection at polls, SR 272 ...__.__________ 169, 430

General Assembly; Legislative Services Committee; assign

first floor Capitol offices, SB 116 ..........276, 302

General Assembly Members; change number, SR 32 --___. --------.No action in 1974

General Assembly Members; change per diem expense

allowance, SB 136 _------------..._ ....

No action in 1974

General Assembly Members; compensation, SB 109..--...__._._._._.___ No action in 1974

General Assembly Members; compensation, SB 118 ....._..._..._..__..._. No action in 1974

General Assembly Members; compensation increases prohibited

during term in which change made, HR 239--.----------.------------.......88, 89

General Assembly Members; disclose transactions for profit

with State or political subdivision, SB 396--------------------No action in 1974

General Assembly Members; establish ethical standards, SB 418 _______................684

General Assembly Members; illegal to accept compensation

for sponsoring legislation, SB 357

.... No action in 1974

General Assembly Members; not serve as Justice of the Peace, SR 7 ______________ 110

2638

INDEX

General Assembly Members, Officials; compensation, SB 112 ...__..No action in 1974 General Assembly Members; pre-file bills,
SR 316 ------..--------------------------------383, 541, 543, 617, 650, 2478, 2513 General Assembly Members; prohibited from appearing before

Pardons and Paroles Board, HB 1689 ____._..._......._........... ... .... ....1365, 1372 General Assembly Members; unlawful to accept gift or favor

for appearances before state agencies or boards, SB 166 _...._..,........... 2582, 2590 General Assembly; provide for compensation of Secretary of

the Senate and Clerk of the House, SB 533... 201, 384, 436, 478, 519, 2047, 2589

General Assembly; provide for joint introduction of bills in both Houses,

SR 334 .-..-------------------------------537, 687, 768, 1145, 1183

General Assembly; provide for membership and number of

standing committees of Senate and House, SB 470

74

General Assembly; provide for number of members

and meeting time, SR 320 ___.________.....______.....___________.___._._._.___._.._......_...._.._._.423, 604

General Assembly; provide for registration and regulation

of lobbyists, SB 541 -----------..___.._,,--------------_.-- 228, 1589, 1594, 1858, 1939 General Assembly; reapportion certain House of

Representative districts, HB 1302 ........842, 903, 1128, 1131, 1859, 1988, 2050 General Assembly; relating to adjournment from

Feb. 21 to Feb. 26, HR 757 ..................._._........................................_.......2117, 2125 General Assembly Sessions; time limit, adjournment & meeting, SR 317 -----383 Gentry, William "Bill"; commend, SR 365 ..................._......_.....___.__......_...............1024 Georgia Building Authority Act; change
membership, HB 1409 _______.___.___.___................................ ............295, 301, 2037, 2040

Georgia Bureau of Investigation; create as separate State department, SB 496 ___.____.....__............. 108, 387, 436, 478, 523, 1579, 2588
Georgia Development Authority for Housing Finance; create, HB 709 ___.___...._._..._................_ 737, 745, 2051, 2053, 2216, 2538
Georgia Historical Plates; designate official series, HR 573 ..... ... 739, 755, 1126, 1132,1242, 1258
Georgia Industrial Institute, Alto, Georgia; relative to, SR 411-1814, 2129, 2172 Georgia Industries for the Blind; change from Ga.
Factory for the Blind, SB 607 _._.___.___.._..__._.......... ...------ 423, 604, 611, 703, 716 Georgia Southern Baseball Team; congratulating, SR 311 ................._...._._______..._.366 Georgia Southern, Coach Ron Polk; congratulating, SR 310 ...... -----------366 Georgia State Financing and Investment Commission Act;
reimbursement, HB 1591 ------532, 538, 918, 930, 1027, 1145, 1242, 1385, 1480 Gilmer County Commissioner; compensation, HB 2083 __.____...,,.--_.._.________. 1964, 1968 Gilmer County Deputy Tax Commissioner; compensation, HB 2085 -1964, 1968 Gilmer County Ordinary; compensation, HB 2084 ......_..___._..__...._._........_..1964, 1968

Gilmer County Sheriff; compensation, HB 2082 _____...._..._......___.__._.__._..... 1963, 1967 Glascock County Ordinary; compensation, HB 1710 ------590, 599, 756, 764, 838

Glascock County Tax Commissioner; compensation, HB 1709 ..................... 590, 599, 756, 764, 838
Glynn County Sheriff; additional personnel, HB 767 ___._.____..__...._.No action in 1974

Glynn County Sheriff; additional personnel, HB 1902 --993, 1002, 1587, 1601, 1831

Glynn County Superior Court Clerk; compensation, HB 1750 ....._....--------...------------734, 750, 1587, 1600, 1830

Glynn County Tax Commissioner; compensation, HB 1724 .........._.___..__......._.._____._._..........590, 599, 1586, 1600, 1830

Golf Courses, City and County; sale of malt beverages, HB 1593 ._.._._.--------.._._......------ .997, 1004, 1218, 1226, 1385, 1451

Gordon County Commissioner; provide for office & procedures, HB 1830 ----------....----------..905, 913, 1127, 1134, 1236
Gordon County; conveyance of property, SR 375 ___._....-..._..1119, 1325, 1330, 1384,

1458, 2582, 2591

INDEX

2639

Gordon County Superior Court Judge; certain special charges to Grand Jury, HB 1743 ______________________ 734, 749, 918, 927, 1020

Gordon County Tax Commissioner; compensation, HB 1795 _________ 822, 829,

Governing Authorities; decisions contrary to planning

1007, 1016, 1141

commission's recommendations must be in writing, HB 1851 _.__--..____._1365,

1372, 1789, 1797 Governing Authorities, Municipal; compensation of
elective members, HB 1303 ____..,,_...____ 266, 273, 602, 614, 1241, 1385, 1613, 1751

Governor and Lt. Governor; elected jointly as unit, SR 20 ________ No action in 1974

Governor and Lt. Governor; elected jointly as unit, SR 36 _______ No action in 1974

Governor; annual reports to General Assembly on goals and policies, SB 471 ___________ -,,________________ 74, 430, 466, 556, 577, 2583, 2590

Governor; appoint Atlanta Police Chief, SB 157 .__._.____._,,________.___._ 23

Governor; appoint Consumers' Rate Counsel in utility

rate cases, HB 1998

. ________________..._._________.__.1366, 1373, 2131, 2153

Governor; authority to issue Executive Order to increase maximum

size and weight limitations on trucks, SB 595 _______________________________________________ 359 Governor; authorized certain emergency

powers, SB 575 ________

298, 684, 690, 768, 843, 870

Governor; budget message, joint session, HR 438 _______________________ _____________________15, 80

Governor; convey certain Glynn County property to

Ports Authority, HB 921 .______________________...._.-_________.._..__.__________________.__.....____________.29 Governor; convey certain Richmond County property to Ports
Authority, SB 627 -._...._.. ________________536, 758, 762, 843, 864, 2046, 2589

Governor; State of State message, joint session, HR 437 ----------______.._-----15, 21 Governor's Emergency Powers; Civil Defense Act,

amend, HB 1507

_..-._,,_ 1195, 1210, 1789, 1797, 2216, 2375

Governor's Mansion; create Executive Center Fine Arts

Committee, SB 653 --__.--------------_.--------------680, 1217, 1225, 1384, 1612

Grand and Traverse Jurors; selection, SR 94 -------------___.--No action in 1974

Grand Jurors; change procedures on selection, SB 296 ______________ No action in 1974

Grand Jurors; increase maximum number to

draw from, HB 1661 ____________________________________________________ 824, 832, 1324, 1332, 2067

Grand Jurors; provide for two alternates, HB 1112 _________________ 152, 153, 363, 389,

451,1591,2066

Grand Jury; accused, right of hearing within

90 days, HB 126

______ No action in 1974

Granite, Hauling of; gross weight

provisions, HB 1305 ___.__.------------------...--------_563, 574, 758, 763, 843, 901

Grants and Leases by State; amend Natural Resources

Act, HB 1597 ..... .....__._________________--_....._._________.738, 747, 1217, 1225, 1385, 1478

Grants, Educational; to children of deceased or disabled

servicemen, SR 93

________________________ No action in 1974

Grants to Students Attending Non-University System Schools;

change grant amounts, include graduate

students, SB 564 ____________________________________ 270, 1130, 1131, 1241, 1242, 2175, 2590

Grants to Students Attending Non-University System Schools;

revise provisions, SB 335 _______......_________________....._________________.....No action in 1974

Grayson, Town of; change to City of Grayson, HB 2023 _.______________.__.._________________________,,,,,,._ 1302, 1314, 1588, 1596, 1826
Griffin, Governor Marvin; remarks _--_----------------------------------____________318 Growth and Development, Planned; provide for in Georgia, SB 583 ___._. ________ 325

Growth and Development, Planned; provide for in Georgia, HB 1658 __________________________________________________ 533, 538, 919, 925, 1613, 1740

2640

INDEX

Growth, Planned; executive-legislative committee to study, SR 370 ......_..______ 1000

Guardian, Simple Estate; ordinary appoint for incompetent

heir, SB 280 -_..__....___.-.-.._...___,,__,,__._..._______________.______,,,,,,__________..__.__ 363, 389, 442

Guardians, Administrators; same right of reinvestment as

executors and trustees, SB 312 .__._______.___.___.._...__,,,,..... ______ No action in 1974

Guardians of Incapacitated Persons; change appointment

provisions, redefine terms, SB 379 --_________________.__....._..,,.._________.No action in 1974

Gun; possession of without license, felony, HB 473 ........... ..___ 592, 599, 1129, 1136

Gunn, Uly S.; regrets at passing, SR 303 _____________________________......______________......_____ 307

Guns; redefine "sawed-off shotgun", HB 1245 ___......__._____,,___._..___...._....__..__ 266, 272

Guns, Short Barreled; change length provisions, HB 1242 ......._.___________...__.295, 301

Gwinnett County Commissioner; hold another public

office, HB 2049 ....__._____._____........._________.__....._.______....1362, 1370, 1788, 1804, 1847

Gwinnett County Commissioners; authorized to impose

speed limits, HR 682 ____..........._________.._........____1307, 1320, 1821, 1823, 2527, 2587

Gwinnett County Commissioners; business licenses, HR 689

_._.__ 1363, 1375,

1788, 1805,1924

Gwinnett County; homestead exemption,

disabled, HR 663 .______.........._.___......__________........._______1198, 1212, 1588, 1598, 1892

Gwinnett County; levy tax for water and sewerage

system, HR 629 ____........._______.......________.........._____________ 995, 1005, 1323, 1334, 1539

Gwinnett County Recorder's Court Judge;

compensation, HB 2024 _._._._....

1302, 1314, 1588, 1596, 1827

Gwinnett County Water & Sewerage Authority;

membership, HB 2050 ._______......__________._......____._______.... 1362, 1370, 1788, 1804, 1848

H
Habeas Corpus Petitions; presentation and verification, change provisions, HB 886 ____........___..__...._........___-.....-._....___________....._-_________.............29, 277
Habeas Corpus Petitions; provide for transfer, HB 357 ......___.-.-...No action in 1974 Habersham County Board of Commissioners; compensation,
HB 1570 ......__........____.........._..._____..-...___-____......_____-___......._______353. 359, 430, 471, 551 Habersham County Ordinary's Clerk; compensation,
HB 1944 ____.........._______......____._........_________......._____.....__..1191, 1205, 1563, 1568, 1608 Habersham County State Court District Attorney & Judge;
compensation, SB 708 ......______.......________....1201, 1323, 1333, 1382, 2083, 2219, 2590 Habersham County Tax Commissioner; compensation,
HB 1943 _.________.____________._____._________.___.__..___._.____________._.__1191, 1205, 1563, 1568, 1608 Hackler, George; commend, HR 616 ________.........__________........__________........_____........594, 615 Hall County; change administration of taxation,
HR 674 .______..._.__.___________..______.____________....____________.._..______.1306, 1319, 1588, 1599, 1908 Hall County Taxes; payable in two installments,
HB 2013 ........................___.........________........___.........1301, 1313, 1588, 1595, 1850, 2180 Hall of Fame, Georgia; endorse establishment of in Augusta, HR 713 ....1785, 2170,
2173 Hambrick, William "Bill"; commend, SR 297 ____________..__.____.___.___..____.________________..280 Hamburg State Park; creation and maintenance, HR 650 _______________..._.____1814, 1857 Handicapped, Buildings accessible to; change provisions on
elevators, HB 1696 __.._._.__.,,.___..._,,....__..... 1478, 1570, 2095, 2151 Handicapped Persons; require curb ramps on city streets,
HB 1276 ,,..._..____.,,,,_,, ......... .,,._._. 562, 574, 686, 689, 2216, 2508 Hapeville, City of; homestead exemption, HR 486 __..........740, 753, 2036, 2042, 2134

INDEX

2641

Hapeville; election of Councilmen-at-large, HB 1381 _______ 733, 748, 2035, 2040, 2054

Hapeville; increase employees benefits, SB 659 ... 742, 1126, 1133, 1227, 2177, 2590 Haralson County Commissioner; compensation, HB 1177 ...._...77, 91, 112, 178, 1163 Haralson County Ordinary; compensation, HB 1179 _...______________.._ 77, 91, 114, 253

Haralson County Tax Commissioner; compensate clerical

assistant, HB 1178 _

_

.. .

... 77, 91, 113, 178, 1179, 1180

Harmful Materials, Sales to Minors; exempt motion picture operators

from provisions of Act, SB 410 _._______--_._---------_ 24

Harmful Materials to Minors; establish standards, define

terms, HB 617 __.............._...___.___.--.....-- __

._

_ No action in 1974

Harrell, Rev. John W. Sr.; honor, HR 528 ___________.._________________.-_-_--_-- 266, 281

Harris, Cecil; compensate, HR 315 _________.._____________,,.. 1307, 1321, 2035, 2038, 2379 Harris County Sheriff's Deputies; compensation, HB 1775 ___ ____________735, 751, 919,

928,1021 Harris, John; commend, SR 308 ..__............._..........._.._._..___............._.....__.._._.........335, 422 Harris, Roy V.; commend, SR 423 __________________._____________.______________________._____,,____________ 2076 Harris, Roy V.; commend, HR 638 ....................__..___..__.................__.......______._.......825, 841 Harrison, Hon. Roric; inviting to attend session, SR 348 ----_-__.____,,______________ ________634

Hartley, Augustus J.; regrets at passing, SR 369 -_...-..___________________________.___.________1025 Hartman, Mr. Keith; commend, SR 431 .__.....___.___._..._._.................._........_..__.___._._.....2173

Hazardous Substances; regulations for vehicles transporting,

SB 297 ......................_.....___._._.._____.._._

_...._

No action in 1974

Health and Welfare Services; county functions transferred to

Human Resources Department, HB 360 .............._..._....._._.__..__.._.......__........_....._.330

Health Care Facilities, Long Term; regulate, SB 16 ____....____._.._______ 1470, 1814, 2588

Health Code, Georgia; amend to regulate ambient noise,

HB 451 ............

.__..... 87, 89, 233, 278, 319

Health Code, Georgia; examining committee members, payment,

SB 611 ______________________________________________________________ ________.._.......__..._458, 604, 612, 933, 948

Health Code, Georgia; prohibit persons with communicable

diseases from employment in food service establishments, SB 493___.___ 107, 685

Health Code; violations, procedure on actions affecting private

property rights, SB 229

,,.....,,.__ No action in 1974

Health Insurance Fund, State Employees; provide for investments,

SB 513 _______________________________________________________________________ 198, 275, 304, 341, 1812, 2588

Health Insurance Plan; provided for public school teachers, SB 717----__,,,,..... 1309 Health Insurance Study Committee; create, SR 166 .__.__.._..._._.._..No action in 1974 Health Law Study Committee; create, SR 300 ........_._.............__........_.298, 1591, 1612 Heard County Memorial Hospital Authority; filling vacancies,
HB 189& ______________________________________________ ________.,,_____...___ 993, 1002, 1215, 1222, 1342

Helen; governing authority exercise power of eminent domain,

SB 705 _____________________________________________________________________________ ____1119, 1216, 1224, 1354

Kelt, Mr. and Mrs. Robert; compensate, HR 462 ______....._...741, 754, 1214, 1218, 1554

Henderson, Senator Jack; statement

________ 71

Henry County Board of Commissioners; collect business

license fee,'HB 2027 .,,____.______________._....._____________ ____1302, 1314, 2126, 2161, 2211

Henry County Board of Commissioners; new board,

HB 1985 __............_........._...........__......._.._..............._....___1194, 1209, 2036, 2043, 2059

Henry County Ordinary; compensation,

SB 707 _______.___._,,_._........____..___..__.__.._______._.___.._..___. 1200, 1323, 1333, 1377, 2174, 2588

Henry County Ordinary; compensation, HB 2026 _______________________________________ 1302, 1314

Henry County Sheriff; compensation, HB 1986 _________ 1194, 1209, 2036, 2043, 2058

Henry County Tax Commissioner; compensation,

HB 1987 __________________________________________________________________ 1194, 1209, 2036, 2043, 2059

Heritage Trust Commission; create, HB 1340 ........__............_.1809, 1817, 2052, 2053

Hiawassee, City of; new charter, SB 654 __,,_,,__,,._.___ __..741, 918, 926, 1019, 2046, 2589

2642

INDEX

Higher Education Assistance Authority Act, Georgia; establish scholarship program, HB 1584 .................. ___.____738, 747, 1130, 1132, 1613, 1744
Higher Education Assistance Corporation; obtain information from other agencies on persons indebted to Corp., SB 704 .................................... .......1119, 1327, 1328, 1384, 1437, 2182, 2258, 2590
High-Rise Building Safety Act; enact, SB 59 ................................No action in 1974

Highway 140; designate portion as Reinhardt Parkway,

HR 522 _......._...._.._..._._................._..........._...._...__.................. . ...739, 753, 921, 925

Highway 365 from Gainesville to South Carolina line;

urge completion, SR 279 _____ ...._....._.._.................. ..______________..__. ___________ ___.207

Highway 400, Georgia; urge extension, SR 292 . ........... _ ........... ... ..... 235

Highway 441; Blue Star Memorial Highway,

SR 284 ____________ _____________ _________________________________________ 230, 330, 366, 409, 1117, 2589

Highway, Road Atlanta; designate, SR 325 _________________ ............................. ...........424

Highway Speed Restrictions; prescribe for State,

HB 1331 _______ ................................ _____ ___________ __________ 1115, 1123, 1324, 1329, 1773

Highways; exempt from sales tax material sold to cities and

counties for repairs or construction, SB 666___ ____744, 1010, 1017, 1145, 1159

Highways in State; designate certain ones as Blue Star

Memorial, HR 560 __________________________________________________ ________ ____825, 832, 921, 926

Highways; maximum speed 55 miles per hour,

SB 448 _______________________________________ ________........49, 78, 91, 145, 593, 633, 1308, 1573

Highways; revise traffic laws, HB 244 .._____.___ 456, 462, 1590, 1592, 2215, 2422, 2586

Hinsonton Water Authority; create, HB 1931 __________ ____1195, 1204, 1587, 1602, 1833

Historical Commission, Georgia; transfer functions to Department

of Natural Resources, SB 257 ................ ______________ _____________ . . . No action in 1974

Historical Plates, Georgia; designate official series,

HR 573 ________________________________________________________ _____ 739, 755, 1126, 1132, 1242, 1258

Historical Property; exempt from ad valorem tax,

SR 293 __________ ................._..._...............270, 362, 389, 479, 617, 662, 674, 843, 879

Historical Sites; exempt property used in restoration

from sales tax, SB 501 __________________________________________________ ._ _________148, 275, 304, 369

Hodnett, Mrs. Christine Fitzgerald; commend, SR 433 ________________________ ____________..__2173

Hogansville; extend corporate limits, HB 1967 _________ 1193, 1207, 1563, 1568, 1609

Holiday, Legal; declare Martin Luther King's birthday,

SB 68

No action in 1974

Holiday, Legal; general election day, SB 382 _______________________ ....No action in 1974

Holiday, Legal; General Election Day declared, SB 96 ________ _____ No action in 1974

Holiday, National; urge designation of Presidential election day,

HR 23 ..... __________________ __ _____________ ____________ ... __________ ________________ No action in 1974

Holiday, State; declare birthday of Martin Luther King, Jr., SR 263 _______ _______76

Holidays, Legal; amend Act to designate February of each year as American History Month, SB 502____ ...148, 275, 304, 346, 2582, 2590

Holley, Senator R. Eugene; statement .. ........................... .......... ..... ........144

Holloway, Senator Al; statement . .............. ..........,,._.......... .. .............. ..._.._... .........194

Home Rule Study Committee; create, SR 117 ________________________________No action in 1974

Homerville; change method of registration of voters, HB 2072 ____..,,_______________ _______________________ __________..____________1737, 1783, 2036, 2043, 2059

Homestead Exemption, Ad Valorem Taxes; certain cases, SB 593 .........._..._....................................._..............._..... 358, 602, 613, 768, 843, 872

Homestead Exemption; disabled persons, SR 22 ........... ............ No action in 1974

Homestead Exemption; disabled veterans,

HR 561

..._____________.1307, 1319, 2037, 2039

Homestead Exemption; disabled veterans, HR 562______. ______ .1306, 1319, 1564, 1566

INDEX

2643

Homestead Exemption; exclude retirement or disability

benefits as income, HR 439 ___._______.___.___________..._.__..___ 678, 683, 833, 834, 933, 985

Homestead Exemption for School Taxes; increase, SR 5 ............_.No action in 1974

Hospital Authorities; clarify meaning of "project",

HB 1419 ______________________________________________________ 355, 362, 1128, 1137, 1242, 1859, 1972

Hospital Authorities; issue obligations other than revenue,

HB 1418 _...._..__..__......___.________.._________.-_-.__.._-.__. .. 354, 361, 685, 690, 768, 933, 988

Hospital Authorities; State grants, HB 1996 _L____________1578, 1585, 1960, 1962, 2217

Hospital Overpayment by Medicaid; pay to surviving spouse,

HB 1089 ............................................................................................No action in 1974

Homestead Exemption for Taxes; increase, SR 23 __ ......... ........No action in 1974

Hospitalization of Alcoholics, Drug Dependent Persons;

change emergency procedures, SB 381 __...._.__......_..._._....._.....__..No action in 1974

Homestead Exemption; increased for disabled veterans,

SR 30

..........

No action in 1974

Homestead Exemption; 62 years olds, certain income,

HB 214 ....................... . ______ ... _______676, 680, 917, 930, 1027, 1145, 1241, 1261,

1439, 1454, 1575, 1622, 2503, 2586

Honey; amend Georgia Food Act relating to labeling,

SB 461 _______________.._.______________...________________________________________51, 149, 172, 221, 2047, 2589

Honey; amend Georgia Food Act relating to labeling, SB 486 ...... ......_...... ...______106

Hospitalization of Alcoholics, Drug Dependent Persons, Emergency;

change examination procedures, SB 563 ______ 269, 431, 467, 556, 576, 2175, 2590

Hospitalization of Mentally 111; change emergency

procedures, SB 380 ....__....____.

No action in 1974

Hospitalization of Mentally 111; change emergency procedures,

SB 562 ___________________________________________________ _____J____269, 431, 466, 556, 575, 2175, 2590

Hospitalization of Patients; Judicial; abolish, authorize

only medical admissions, SB 373 ____________________________________________________ _ 24, 149, 190

Hospitals; certificate of need required before construction,

SB 16 _____________________________________________ ..____________________________________________________1470, 1814, 2588

Hospitals; certificate of need required before construction, HB 504 ________ .... 431

Hospitals under Human Resources Department; admissions

procedures, SB 181 ______ ____________________ __________________________ No action in 1974

Hotel, Motel Tax; cities and counties levy; proceeds to build

convention center, HB 806 ............................. ____ ...1786, 1793, 2066, 2216, 2232

House of Representatives; reapportion certain districts,

HB 1302 ______________________________________________________ 842, 903, 1128, 1131, 1859, 1988, 2050

House of Representatives; Speaker Pro Tern act as Speaker,

HR 488 ________________________________________________________________ ___________ 1364, 1373, 1789, 1798

Housing Accommodations; prohibit discrimination, SB 234 ____________________

23

Housing Finance, Georgia Development Authority for; create,

HB 709 ____________________________________________________ ._ ________737, 745, 2051, 2053, 2216, 2538

Houston County; education grants for handicapped citizens,

HR 665 ....................... ______ ____________________________................1198, 1212, 1588, 1598, 1896

Howard, Senator Pierre; statement ............................_.___._........................... .... 1562

HR 8771 and SB 2008 in U.S. Congress; urging defeat, SR 392 ________________________________________________________________________________ 1310, 2096, 2172

Human Relations Commission; create, SB 629 ___________________ __________536, 1127, 1131

Human Relations, Family Court of; provide, SR 275 ______________.._________________...__._....____ _....______..______169, 1129, 1137, 1384, 1613, 1859

Human Resources Commissioner; delegate powers and authority, HB 1616 ___________________________________._______________________.____1266, 1297, 1789, 1797

Human Resources Department; administer State grants to hospital authorities, HB 1996 ....... _______________.____________1578, 1585, 1960, 1962, 2217

2644

INDEX

Human Resources Department; change name of certain

institutions within jurisdiction, SB 182 ____.._.._._.._.._______________.._ No action in 1974

Human Resources Department; county health and welfare

services transferred, HB 360 __-._........._______._..--..___......_________.______..._.._________._______.330

Human Resources Department Employees; compensation for

clothing damaged by patient, SB 186 ....________________....._,,_...__._____ No action in 1974

Human Resources Department; establish facilities and programs

for treatment of alcoholism, SB 330 ___...__....________149, 172, 236, 2519, 2521, 2590

Human Resources Department; jurisdiction over mental

health services program, SB 616

._....______.__.__ 459

Human Resources Department; no charge for search of records,

HB 1829 ___________________._____.______________________________________________1778, 1779, 2095, 2151, 2567

Human Resources Department; provisions for cost of care of

patients in State institutions, SB 601 ........... ..-.___--___________382, 604, 611, 933, 952

Hypnotism; prohibit use of except in certain circumstances,

HB 370 ___________________________________________________________________ 233, 278, 311

Hypodermic Syringes, Needles; prohibit sale of except to

authorized persons, SB 428 ____________ .... ....................... ......45, 685, 688, 767, 777

I

Identification Mark Altered on Article; crime to use,

SB 23 _._______________________________________________________________.____..._______________________2182, 2260, 2588

Imprisonment; mandatory after two life sentences, SB 58 ___________ No action in 1974

Income Tax, Corporations; clarifies Three Factor Ratio,

HB 1100 _________________________________.__.._.__..__._...._..____________________265, 272, 602, 613, 703, 728

Income Tax Credit; senior citizens, certain cases, SB 723 __.._...._.......__________________1581

Income Tax, Local; cities and counties levy, HB 1011 ___.________1580, 1778, 1819, 1823,

2066, 2216, 2395, 2409, 2587

Income Tax Payment Act; intentional conversion of funds

punished as felony, HB 1627 ______________________________________ _..._____1116, 1124, 2051, 2053

Income Tax, State; exempt armed forces retirement benefits,

SB 106

...........

362, 388, 441

Income Tax, State; exempt pay received while a POW or

MIA in Vietnam, SR 147 ____________.._......__._._______________________..._______.____No action in 1974

Indigent Persons; change provisions for representation in

criminal cases, HB 37 _______________________.....____.. 26, 686, 768, 1145, 1241, 1263, 1811

Industrial Loan Act; provide for cancellation of security

instrument from record, HB 1251 __..__.._____.._...._______________________ 295, 301, 2130, 2152

Industrial Property; owners file tax returns directly to

Revenue Commissioner, SB 628 ........_. ___________ 536

Industrial Property; returns for ad valorem tax, SR 335 ___________...___________ ________537

Industrial Waste Water Treatment Services; cities and counties

authorized to enter contracts, HB 1963 ................1365, 1373, 1787, 1798, 2579

Influencing Executive and Legislative Branch; provide for regulation and disclosure, SR 285 ___________.___.___________________.230, 430, 466, 617, 648

Injured Persons; prohibited from giving releases or making settlements while in a hospital, SB 511 ......_._....._.__.._._....._..._._......................_..168

Innocent Victims of Violent Crime; compensation, SR 260 _________________________ 76

Inspection, Motor Vehicles; exempt trailers under 2,500 pounds,

HB 220 _................__.....

...... No action in 1974

Installment Payments; for tangible property tax, HB 409 ________________________________________________________________ .824, 829, 1786, 1784, 2066, 2109

INDEX

2645

Institutions and Mental Health Committee, Standing; investigate

State mental health program, SR 192 .._.__._....._..__............_..____.No action in 1974

Institutions within Human Resources Department Jurisdiction;

provide for cost of care of patients, SB 601 . . 382, 604, 611, 933, 952

Insurance, Accident and Health; redefine physician and doctor,

SB 153 _____.._.._______.__._______..________._______....______..._-__________.._____.______....___.___...________.1811, 2588

Insurance, Auto and Homeowners; establish for State

Employees, SB 200

.......

No action in 1974

Insurance; change provisions for securities used for deposits,

SB 684 _....__..........__.._..........._..___..._.._..__........__.._...__......._..910, 1786, 1796, 1858, 1938

Insurance; change provisions on certain documents required,

taxes on surplus line brokers and assets eligible for

deposit, SB 657 ................................1^2., 1007, 1012, 1144, 1153, 2083, 2099, 2589

Insurance Commissioner; fees and taxes collected paid into

Treasury promptly, SB 158 _..........___________ ________________........_...,,. No action in 1974

Insurance Contract; insurer liable on bankruptcy of insured,

liability policies, HB 1265 ___._______..____..._...._..___._....__..______..........907, 914, 2051, 2053

Insurance Coverage for Newborn Children; coverage from moment

of birth, HB 995 ._........_......_.........._......_....._... ...__737, 745, 1785, 1795, 1859, 1860

Insurance; group hospitalixation policies include alcoholism treatment, SB 347 ............................ ..............._......._............._.....No action in 1974
Insurance, Health and Accident; coverage for children from moment of birth, certain policies, SB 71 ......_.........._..............................No action in 1974

Insurance, Health and Accident; coverage for children from moment of birth, certain policies, SB 97 _......._._....._._._..._._................._...No action in 1974
Insurance, Liability; municipal corporations purchase, HB 1448 _................._........._._........._._........._.. 591, 600, 1786, 1793, 2067, 2216, 2502

Insurance, Motor Vehicle; provide for no-fault plans, SB 315 ________.._.___.__..___.__.___..________,,..___.__....____..___..._.___._....._______...._._No action in 1974
Insurance, No-Fault; provide for motor vehicle accidents, HB 78 ..................... ......... .,,.__.._...._... ....77, 91, 115, 209, 219, 340, 580, 1035, 1083, 1094, 1990, 2050
Insurance Policies; education boards may pay premiums

for employees, SB 571 _. .................... ......._....._.................297, 386, 438, 617, 656 Insurance; prohibit banks and lending institutions from selling,
HB 164 _...._.._.................................. .......... 628, 672, 1563, 1566, 2066, 2080, 2179 Insurance; vehicle insurers reports and rebates, SB 436 ........................_...............47

Insurers, Casualty; General Assembly impose tax, SR 280 .......... .........................202 Intangible Tax; no return required under $5, SB 288 ... ......... ... No action in 1974 Interest and Usury; change maximum rate charged, SB 590 ... ........ .......... --.358

Interest on Loans; increase maximum rate on installments, SB 531 ............. ... 201

Interest on Loans; increase maximum rate on installments, SB 532 ...._.............201

Interest Rate on Loans; change maximum rate, certain loans, SB 589 . ... .. .. ... . ......... ....... ........ .. .......... .357, 602, 612, 703, 708, 949,

1026, 1091, 1112, 1293 Intergovernmental Cooperation Act, Federal; change contract and
budget provisions for planning and development commissions, SB 548 ....... ............... ..................... 329, 365, 413, 417, 479, 505

Intergovernmental Cooperation Act, Federal; written approval required on contract by planning and development commission, SB 227 .. ..............................._.........._...................._......2084, 2247, 2590

Interlocutory Appeals; provide for upon petition to Supreme or Appellate Courts, SB 29 .......................................................No action in 1974

Interpreters, Deaf Sign Language; provide in certain judicial proceedings, HB 1277 ........_.......................--..............._............_. .....502, 531

2646

INDEX

Interpreters; provide for in administrative and judicial

proceedings, SB 703 ____.___......._.---..-______________......___._______........._____...1118, 1590, 1592

Interstate Agreement on Detainers; Georgia be party to,

HB 382

............ No action in 1974

Interstate Agreement on Detainers; Georgia be party to,

HB 569 _________________________________________________________________ 152, 153, 387, 438, 1241, 1265

Interstate Civil Defense and Disaster Compact; application,

HB 1509 __......_.............. ___________________________________________ 1195, 1210, 1789, 1797

Inventories; allow separate classification for ad valorem

taxation, SR 55 ....... No action in 1974

Investigative Grand Juries; provide for appointment,

SB 626 .............................._..................._......... _...._............ 535, 833, 834, 933, 983

Jackson, City of; elective officials and condemnation proceedings, SB 566 ...._..._...__.._.......__................. ____296, 385, 432, 473, 2046, 2589
Jackson County; Public Safety Department officers make arrests and serve warrants, HR 487 ...._.......................... 909, 916, 1327, 1330, 1614, 1627
Jackson, Donald; commend, SR 349 ... .................._..........................................._........711 Jackson, Mayor Maynard; remarks --..................._.............. ............_...._............_..._.195 Jails; minimum standards, certain facilities, SB 352 ....................No action in 1974 Jeff Davis County Ordinary; compensation,
HB 2040 ....................__.._......._..............._.._........_........_ 1361, 1369, 1788, 1803, 1845 Jeff Davis County Sheriff; compensation, HB 2045 .1362, 1369, 1788, 1804, 1846 Jeff Davis County Sheriff Office Personnel; compensation,
HB 2046 ........... ........_..................._....._.._..._.._...__.._.......1362, 1369, 1788, 1804, 1846 Jeff Davis County Small Claims Court; change population
figures, HB 1683 _. .... ........................_..._.....;.._.._......._......... 456, 461, 603, 609, 698 Jeff Davis County Superior Court Clerk and Tax Commissioner;
compensation, HB 2043 ______ ___________________________________ 1361, 1369, 1788, 1803, 1845 Jeff Davis County Superior Court Clerk Personnel;
compensation, HB 2044 _____ _____________________ ...1362, 1369, 1788, 1804, 1846 Jefferson; corporate boundaries, HB 2041 _______ ........1361, 1369, 1788, 1803, 1845 Jenkins County Commissioners; compensation,
SB 720 ................ ... ___________________ ..............................1310, 1376, 1605, 2214, 2591 Jenkins County Deputy Sheriff; compensation,
HB 2087 ______ ..... __ ____________..............._..._..._...1964, 1968, 2129, 2157, 2209, 2585 Jenkins County State Court Judge and Solicitor; compensation,
SB 719 _______________________________ _____________________________ ___1310, 1376, 1605, 2214, 2591 Jt'sup, City of; convey property to Wayne County Hospital
Authority, HR 591 ........ ________ ______________....1963, 1971, 2130, 2152, 2217, 2506 Joint Session; Ben Fortson address, HR 480 _____________________ .........104, 151, 208 Joint Session; Governor's budget message, HR 438 .......................... ...........15, 80 Joint Session; Governor's state of state message, HR 437 _________ 15, 21 Joint Session; to commemorate Agriculture Department's
centennial anniversary, HR 684 ................ _______ ___ .......................1043, 1142, 1144 Jones County; new Board of Commissioners,
HB 2067 .._.___________________.. .................. ...............1737, 1782, 2128, 2156, 2189, 2586 Jones County Small Claims Court; create,
HB 1896 ________________ ................................................ 993, 1002, 1215, 1222, 1341
Jones, Fred; regrets at passing, SR 384 _____________________ ..._...................................1226
Jorges Carpet Mills; commend, HR 619 .................. _. ....................................594, 615

INDEX

2647

Judge, Criminal Cases; determine concurrent or consecutive

service of sentence, SB 466 ______ ......................_.._....... ..._...........------____________.______73

Judge, Criminal Trials; fix sentence, SB 2 __________.._...,,._____............No action in 1974

Judge Emeritus, Superior Court; serve as State court judge,

certain cases, SB 453 ______________ .....___._________.. ..........,.........".............50, 234, 278, 312

Judge Fix Sentence; jury give verdict, criminal cases,

HB 127 ............._______.___..--.___._______............1305, 1315, 2038, 2039 ^066, 2143, 2166

Judges, Appellate, Superior, Supreme Court; non-partisan

elections, SB 342 ........................._.........._.... ..... .. .... ........._.No action in 1974

Judges, Appellate, Supreme, Superior Court; compensation,

SB 47 _..........................._..._._............._............. ....... ...._..._... ........... ..............._...___.....22

Judges, District Attorneys; compensation, SB 111 .. ......... ___. ...No action in 1974

Judges Emeritus, Superior Court; eligibility

requirements, SB 69 ...._........._......_......._..... _.......--......... ....... No action in 1974

Judges, Superior Courts and District Attorneys; secretaries

provided social security coverage, SB 539 ...... ..... ____ 228, 388, 437, 478, 502

Judges, Superior Courts, District Attorneys; compensation

and allowances, SB 51 ............_..._._........ .............................. No action in 1974

Judges, Superior Courts, District Attorneys; limit

compensation, HB 32 ..................... .............

....... ...........No action in 1974

Judges, Transfer of Justices and; courts, by consent,

HB 1572 ...................................................... ............1299, 1316, 2164, 2169, 2172

Judgment Against Garnishee; change certain terms,

HB 1435 .................... ...-__.___________.___.__.........-----.___.__.. 1576, 1582, 2097, 2151

Judgments, Default; change provisions,

SB 682 ........_........._.._.._....._....................._.......................910, 1565, 1566, 1613, 1626

Judicial Circuit With More than One Judge; compensation of

assistant district attorneys, HB 279 ............... .... 996, 1003, 1324, 1330, 1613,

1859, 2066, 2074

Judicial Hospitalization of Patients; abolish, authorize

only medical admissions, SB 373 .................. ....... ................. .... 24, 149, 190

Judicial Nominating Commission; provide for terms of office and

appointment of certain judges, HR 41 ... .............1189, 1213, 2164, 2169, 2172

Judiciary Committee; function during interim, SR 289 ....... ... ... ..................._...270

Judiciary Committee, Standing; interim studies, SR 144 . ............No action in 1974

Judiciary Committee; study State Tort Claims Act, SR 288

. ............ ... 270

Juries; provide for appointed of investigative grand juries,

SB 626

.................. ................................. ....... .........535, 833, 834, 933, 983

Jurors; General Assembly reduce number, certain cases,

SR 13 ............ . ........................ .... .................

. ........No action in 1974

Jurors, Grand and Traverse; change procedures on

selection, SB 296 ....................._... .... . ............._......_..... . ....No action in 1974

Jurors, Grand; increase maximum number to draw

from, HB 1661 ______ _. ................................ ______________ 824, 832, 1324, 1332, 2067

Jurors, Grand; provide for two alternates,

HB 1112 ... .___..______ ....................... . 152, 153, 363, 389, 451, 1591, 2066

Jurors, Prospective; examined by judge, SB 4 _________________ _ No action in 1974

Jurors, Prospective; examined by judge, SB 163 .......

...... ........... ... 90

Jurors; provide for expense allowance in lieu of salary,

SB 489 ______________________ ________________________

.106,277,303,326,2176,2590

Jurors; selection of grand and traverse, SR 94 ________ . _ ,,___.... _____Np action in 1974

Jury Commissioners, Clerks; increase compensation, HB 314 ___. ... 27, 172, 225

Jury Commissioners; provide for election of a chairman, define

duties of superior court clerk, SB 467 __ _ __________ ___.. .73, 387, 436, 478, 480

Jury Duty; change provisions relating to women, HB 1407 _____________ ...................'. .................... 1156, 1187, 2164, 2169, 2171

2648

INDEX

Jury Give Verdict; judge fix sentence, criminal cases,

HB 127 ----------------------------------1305, 1315, 2038, 2039, 2066, 2143, 2166

Jury Instructions, Pattern; Committee to Study, SR 46 ------.----No action in 1974

Jury, Traverse; challenge for favor, change provisions,

HB 125 -.-..--

_-----.--------------..-- No action in 1974

Jury, Traverse; civil actions less than $3,000, jury of six, HB 1530 ----1812, 1817

Justices of the Peace; change fees, SB 639 __,----------------.....596, 1327, 1332, 1384

Justices of the Peace; issue summons in lieu of warrants,

certain cases, SB 640 --------------------_--------_._--__------____._____.____------.596, 1011

Justices of the Peace; not serve in General Assembly, SR 7 ----------------_____110

Justices of the Peace; required to participate in certain

educational programs, HR 625 ......................_...._......_..._.. 1809, 1818, 2097, 2151

Justices of the Peace; revise laws, SB 207 ----------------------..------------------388

Justices of the Peace Study Committee; create, SR 412 ------------------------1815

Juvenile Court Code; amend, allow parents to consent to

adoption of child, HB 506 ...-..................---- -------- 57

Juvenile Court Code; amend to allow concurrent jurisdiction by

juvenile court and superior court, certain cases,

SB 291 ---.---.----....-----------------------------760, 764, 842, 849

Juvenile Court Code; change hearing time, certain cases, HB 1607 --------739, 747

Juvenile Court Code; contributing to delinquency of child

misdemeanor, SB 277 ------.------ --..------ ................ ------No action in 1974

Juvenile Court Code; judge, expenses, SB 135 ----------------1813, 1973, 2177, 2590

Juvenile Court Code; redefine child, SB 259 .------___.,,__._----------.No action in 1974

Juvenile Court Code; relating to consent of parents for adoption

of child, SB 193 .. --

.

No action in 1974

Juvenile Courts; jurisdiction over any child under seventeen

years of age, SB 190 .--....----------

No action in 1974

K
Kaolin, Aluminum Ore from; bonus for first plant, SR 148 ........--.................--. -- 34 Kaolin Used for Production of Aluminum Ore; authorize payment to first
company in Georgia, HR 259 ........._.._...... 533, 539, 685, 691, 768, 933, 979, 1200 Kennedy, Hon. Henry C.; regrets at passing, SR 391 _...._.._._.._.._._....._..._...._..._......1355 Kennesaw Junior College; elevate to four-year college, HR 549 ..............._.356, 367 Kennesaw Junior College; request to make four-year college, SR 296 ----. 280, 421 Kimsey, Cliff C.; commend, SR 400 -_---.-.----------------....------------------1383 King, Martin Luther; declare birthday legal holiday, SB 68 ._.._...No action in 1974 King, Reverend Martin Luther, Jr.; honor memory, SR 262 ----------------------79 King, Reverend Martin Luther, Jr.; January 15 be State holiday, SR 263 ............76 Knife, Possession of Certain; unlawful while committing
felony, HB 93 ........_..............._........................._.105, 108, 833, 834, 1859, 2032, 2179

Labor Department; community assistance office created

within, SB 687 ............911, 1217, 1225, 1384, 1613, 1859, 1953, 2004, 2583, 2590

Labor Organizations; enter agreement with employers for

union dues, SB 656 ------------ ------------.....------__

.

.742

Ladies Responsible for Valentine Luncheon; commend, SR 381 ...._.........------.1226

INDEX

2649

LaGrange Downtown Development Authority;

create, HR 463 _____________________________________________________________ 153, 154, 206, 234, 377

Lakeland Mayor & Alderman; election, HB 1278 ___..___...____. 152, 154, 206, 234, 280

Lake Tobesofkee; Natural Resources Department

control as State park, SR 321

.

423

Lamar County Sheriff; compensation, HB 2032 .._..__ 1303, 1315, 1588, 1596, 1827

Land Assessment Study Committee; create, SR 434 ,,_____............ 2168

Landmark, Altered or Removed; punished as

misdemeanor, HB 16 .._._._.._...._......_.___.___._...._..._..._.........._._......_.. No action in 1974

Lattimore, Mrs. Norma; commend, SR 330

___........._____.__,,.477

Law Enforcement Officer on Duty, Charged with Crime; certain rights

provided before indictment, HB 1741 _____ 1577, 1584, 1961, 1962, 2216, 2515

Law Enforcement Officers; proceeds from condemnation of

vehicles used in transporting contraband alcoholic beverages,

change provisions, SB 217

.... 331, 364, 408

Law Enforcement Officers; proceeds from condemnation of vehicles

used in transporting drugs, change provisions, SB 216 _ ...... .... 331, 364, 407

Law Enforcement Services; various county sheriffs contract with

cities to provide, HB 1425 _____________ ... . .. 938, 990, 1589, 1594, 2067, 2105

Law Libraries, Counties; appoint librarian, SB 178 ... .........._................ 2048, 2589

Law Libraries, Counties; collection of additional costs, SB 211 ____ ... ...............171

Law Practice; admission to the Bar, change certain provisions for

out of State applicants, SB 604 __________ 422, 758, 760, 843, 866, 904, 1241, 1243

Law Practice; punishment for illegal practice, SB 91 _________________ No action in 1974

Law School Students; eligible for bar examination,

final semester, HB 4 .

___________ 26, 53, 83

Laws, General Assembly; approval or rejection at polls, SR 272 ........... 169, 430

Lay, James C.; regrets at passing, SR 371 .._.........._... _ ............_._._............. -1025

Lay, James C.; regrets at passing, SR 440 ________________________________ ______________ 2550

Lease, Western & Atlantic (Omni) ; severance of part from

previous lease, HR 634 _______ . ___________ 1197, 1213, 1591, 1592, 1860, 2024, 2025

Leftwich, Charles H.; honor, HR 530 .........................__.................. ...........267, 281

Legislation Affecting Salaries of State Officials; must be

introduced within first 10 days of session, fiscal

note required, SB 359 ._...............__....._................................... No action in 1974

Legislation; provide for joint introduction in

both Houses, SR 334 _____________ ...........................__...._.....537, 687, 768, 1145, 1183

Legislation; provide for pre-filing of bills, SR 316 .....................383, 541, 543, 617,

650,2478, 2513

Legislation relative to Retirement; provide for fiscal notes

and actuarial studies, SB 521 . ........ __________ 199, 759, 761, 842, 846, 1810, 2589

Legislative Committee on Performance Evaluation and Expenditure

Review, Joint; create, SB 468 ...._....._... ____.._____._________.________74, 430, 465, 556, 616

Legislative Counsel; furnish written opinion on adjournment

of General Assembly by Governor _____ _____________________________ ............... 2222, 2224

Legislative Ethics Committee; create for Senate and House, HB 1280 ... 1304, 1316

Legislative Services Committee; assign first floor Capitol

offices, SB 116 ............._.._............_................._......._........... ........................ 276, 302

Legislative Services Committee; jurisdiction over the

State Capitol Building, HB 1410 ........._......._...._...... 295, 302, 685, 691, 843, 933

Legislative Services Committee; provide for duties pertaining

to standing committees, SB 470 ............._.......... . ........._............_................... --74

Lender Credit Card Act; amend relating to computation of

finance charge, SB 286 .......................... ... ..--..... ............No action in 1974

Lender Credit Card Act; amend relating to fee for cash advance, SB 287 ........ _ ..................... .......................No action in 1974

2650

INDEX

Lewis, Robert L., Jr.; commend, SR 390 .._.___._._..._.._...._._._..---- . _ 1355

Lewis, Roy Thomas; regrets at passing, SR 270 ___.._...._..............._...__._._..._.___.151, 197

Liberty County; ad valorem tax for promoting

industry, HB 810

...

No action in 1974

Libraries, Public; funds for county and regional, HB 1887 ._. 1366, 1373, 1789, 1799

License Applicant, Real Estate Salesmen; furnish evidence of

study course completion, HB 1309 ............... ... 264, 273, 385, 439, 479, 522, 593

License Applicant, Sanitarian; examination prior to

experience requirement, HB 1356 .__....._._..._._._._._.__........_.___ 265, 273, 1128, 1137

License, Dental Examiners; grounds for suspension or

revocation, HB 1361 . ................. ........_._........_. 169, 170, 1128, 1137, 2067, 2563

License Examiners, Driver's; salaries, HB 1326 ....420, 427, 686, 690, 768, 843, 902

License for Electrical Contractors; issue without

examination, HB 1431 __ ............... ______ 381, 384, 1009, 1013, 1242, 1859, 1980

License Plate; provide for replacement of original, HB 891 _._.____._..._.........------..57

License Plates, Motor Vehicles; proof of financial responsibility

before issuance, SB 12

No action in 1974

Licenses for Pharmacists, Temporary; those seeking license

by reciprocity, HB 1401 _____ __________________ __ _. 264, 274, 431, 467, 557, 617, 667

License, Veteran's Driver's; relative to, SR 328 ___________________ 460, 604, 610, 843, 893

Licensing by State Examining Board; citizenship not

required of applicants, SB 527 _ _______ __________ _______

. 200, 1565

Lien; change provisions relating to foreclosure of mortgages on

personalty, HB 1032 ...------......_ ................ ... 1218, 1225, 1384, 1484, 2075, 2088

Liens, Mechanics' and Materialmen's; special lien by appraiser,

certain cases, SB 150 ------------------------_. ......_............... No action in 1974

Lieutenant Governor and Governor; elected jointly

as a unit, SR 20 ____ __ __________________________________________________________ No action in 1974

Lieutenant Governor and Governor; elected jointly as

a unit, SR 36 ____________________________________________________________________________ No action in 1974

Life Sentence; must serve 25 years, SR 246 ___________ _ . . . 52, 111, 151, 179

Lights, Flashing Amber; rural mail carriers

display, HB 1323 ______________ ______ ... ......1356, 1359, 1821, 1822, 2216, 2526, 2588

Lilburn; change election procedure, HB 1886 _____________ 993, 1001, 1215, 1221, 1341

Lincoln County Board of Commissioners Chairman;

compensation, HB 2088 ___________________________________.......1964, 1968, 2129, 2157, 2203

Lindsey, Mrs. M. O.; compensate, HR 538 .

. . 1306, 1321, 2035, 2039, 2381

Lions Clubs of Ga. & Annual Peach Bowl Classic; commend, SR 395 .......... ......1355

Liquor Law Violations; costs related to contraband

articles, SB 17 ______________________________________ ......................... No action in 1974

Litter Control Law; change penalty for

littering, SB 503 ------------_.------------148, 686, 688, 768, 842, 887, 2046, 2589

Livery Boats; licensing and numbering, HB 1446

1365, 1371, 1791,

1799, 2067, 2123

Lives of Unborn; relative to, HR 251

...

.. . ........................ ___ 1128, 1143

Livestock Marks; establish Division of Marks and Brands within

Agriculture Department, HB 1262 ___________ ____ 264, 273, 429, 467, 557, 617, 666

Livestock Theft; crime, HB 1263

737, 746, 1011, 1014, 1241, 1385, 1450

Loans; change maximum interest rate,

certain cases, SB 589 . _. 357, 602, 612, 703, 708, 949, 1026, 1091, 1112, 1293

Loans; increase maximum interest rate on installments, SB 531 _ ____

201

Loans; increase maximum interest rate on installments, SB 532 .. .. . . ...... 201

Lobbying; amend Constitution relating to, HR 237 ..... ________ _ __

355, 362

Lobbying; provide for regulation and disclosure,

SR 285 _________________ ... . . ............... ....._----........--------230, 430, 466, 617, 648

Lobbyists; change registration fee, HB 520 .. ........... .. ..... .... No action in 1974

INDEX

2651

Lobbyists; provide for registration and regulation,

SB 541 ........_........_.._........ ........._....................

228,1589,1594,1858,1939

Lobbyists, Registered ...... . .... ............... .. .... . 16, 60, 162, 307, 1246, 2579

Local Government Affairs Department; create

within State, SR 337 ... ......... .. . .............. . 537, 919, 923, 1027, 1033

Local Health and Rehabilitative Services Act; enact, HB 360 ............._.....__...__ 330

Local Income Tax; cities and counties levy,

HB 1011

........1580, 1778, 1819, 1823, 2066, 2216, 2395, 2409, 2587

Local Sales and Use Tax; cities and counties levy,

HB 1012 ....... ...... 1259, 1297, 1786, 1795, 1859, 2066, 2076, 2079, 2165, 2587

Loehle, Craig; compensate, HR 556.. . ... .......... 741, 754, 1214, 1219, 1558

Long County Board of Education; compensation,

HB 1773 .......................... ............ .. ........ 735, 751, 1587, 1600, 1831

Long County Commissioners; compensation, HB 1699 ...590, 598, 1586, 1600, 1829

Long Term Health Care Facility Act; enact, SB 16 ........ ... ..... 1470, 1814, 2588

Lookout Mountain Judicial Circuit Court Reporters;

compensation, HB 1968 .... ...........

................ ............1193, 1208

Lotteries, Atlanta; conduct, SR 255 . ............... .. ............... . ...52

Lotteries; legalize, SR 254 .............. ............. ............ ........... .................. 52

Louisville Councilmen; method of election, HB 1561

353, 359, 464, 471, 551

Louisville; extend corporate limits, HB 1802 . ...... 822, 829, 1127, 1134, 1235

Lowndes County Ordinary's Office; fiscal year

budget, HB 1790 . . ......... ............ ..... ..................737, 753, 919, 929, 1023

Lowndes County Sheriff's Office; fiscal year budget,

HB 1768 ....... .

........... ...........

....... .735, 750, 919, 928, 1021

Lowndes County Superior Court Clerk; fiscal

year budget, HB 1770 .......... . ......

.............. 735, 750, 919, 928, 1022

Lowndes County Tax Commissioner; fiscal year

budget, HB 1769 . . . ..... ......... .

....... 735, 750, 919, 928, 1021

Lowndes County-Valdosta; authority to merge governing

authorities, HR 654 . .... ............. .... ..'

...... 995, 1005, 1215, 1223, 1545

Lowndes County Water and Sewerage Authority; create,

HB 916 ... . ............... ........... .... ... ......... ..226,231,385,433,475

Lucas, Sidney R.; commend, SR 368 ......

........ ............. ...... 1025, 1200

M

Macon-Bibb County Development Authority; redevelop

central city, HR 685 ........... .......... .......... 1739, 1784, 2036, 2042, 2137

Macon-Bibb County Urban Development Authority;

create, HB 2025 ...... ........... .. .......... ............ 1736, 1781, 2035, 2041, 2062, 2180

Macon-Bibb County Water & Sewerage Authority;

rates, HB 1348 . ........ .... ...... ............ . ... .

152, 154, 276, 306, 334

Macon-Bibb County Water & Sewage Authority;

terms of members, HB 2017 ...... ......... ... .1736,1781,2035 2041,2057

Macon-Bibb County Water & Sewerage Authority;

water sewerage system, HB 2089 .. ... . ... 1964, 1969, 2129, 2157, 2204

Macon Board of Water Commissioners; abolish, HB 1347 152, 154, 276, 306, 334

Macon Charter; consolidate, HB 1924 ........ ...1115, 1122, 1323, 1334, 1381, 1810

Macon County Board of Commissioners; compensation,

HB 1814 .

......

.....

......

.

822,829,1007,1016,1141

Macon County; levy motor vehicle registration fee to pay

for hospital construction, HR 469 ..... ...

. .... 170, 386, 435, 513, 739

2652

INDEX

Madison Mayor & Councilmen; election, HB 2099 2003, 2031, 2127, 2158, 2207

Mail Carriers, Rural; display flashing amber

lights, HB 1323 ....................._._...._......... 1356, 1359, 1821, 1822, 2216, 2526, 2588

Malt Beverage Excise Tax; cities and counties

impose, HB 1415 ..... 1578, 1582, 1741, 1819, 1824, 2067, 2073, 2164, 2368, 2373

Malt Beverage Sales; local tax levy, SB 212 _________ _ .. . .__.No action in 1974

Malt Beverages; allow production of certain quantity

for home use without licensing, HB 931 ........... ....... ____________ No action in 1974

Malt Beverages Sale; city and county golf courses,

HB 1593 ________ _______________ ____________ ....... _ _ _ 997, 1004, 1218, 1226, 1385, 1451

Manchester; corporate limits, HB 1612................ ..... ....... 381, 383, 464, 472, 555

Manicurists, Barber Technicians; regulate, SB 397 ____________ No action in 1974

Marietta; extend corporate limits,

HB 1880 ____. ____________________ ________________ 993, 1001, 1587, 1601, 1852, 2180

Marijuana; change penalty provisions for possession,

SB 429 ......... _______________________________________ 45, 111, 150, 174, 825, 2589

Marijuana; define under Code Section 79A, SB 449 _ ____________ 49, 233, 278, 318

Marijuana; penalty for possession of one ounce, SR 73 ___._.. _______ No action in 1974

Marriage and Family Counseling; regulate, provide for

licensing, SB 677 ______________ ... ______________________ _ . .827, 1217, 1225, 1769

Marriage; provide for sterilization of mentally incompetent

persons, SB 603 _____________ ... _ __________________ ______ 382, 686, 690, 933, 967

Married, Pregnant Pupils; provide for instruction in

public schools, SB 504 ___________________ _ 148, 277, 304, 344, 2049, 2093, 2589

MARTA; exempt from sales tax levied,

HB 1512 _____ ____________________________________ 996, 1004, 1786, 1795, 1859, 2067, 2104

MARTA Overview Committee; change membership,

SR 322 _________ ______________ ______________ 423, 757, 762, 843, 898, 2085, 2116, 2589

MARTA; rapid transit authority, change membership of

board of directors, SB 609 ____423, 918, 922, 1026, 1144, 1183, 1276, 1384, 1386

MARTA Rapid Transit; change rate of sales tax levied, SB 686 __________ 911, 1615

MARTA, Rapid Transit; limit amount of tax proceeds used

to subsidize operation, HB 1610__________ _________ 997, 1005, 1786, 1794, 2067, 2572

MARTA Tax; reduce amount due each local government,

HB 1031 _ ...................

______________ 996, 1004, 1786, 1793, 2066, 2569

Martin; governing body elections, HB 1921 _

1114, 1122, 1323, 1334, 1379

Maternal Health Council; change membership and

name to Maternal and Infant Health Council,

SB 649 ..............................

679,921,922,1384,1385,2177,2590

Mayor's Day, Sixteenth Annual; relative to, SR 271 _________________ 159

McDonald Parkway, Turner; designate, SR 314... ........................................ 391, 593

McDuffie County; levy ad valorem tax, HR 465 ...

534, 539, 756, 765, 1098

Mclntosh County Sheriff; compensation, HB 1679

456, 461, 603, 609, 697

Meat Additives.or Extenders; information on menus in food service establishments, HB 1452 _ .... ..........................457, 463, 920, 925, 1027, 1145, 1242, 1385, 1454

Meat Inspection Act, Georgia; include rabbits within

provisions, SB 476 ....

. _ _______________ 75, 149, 172, 224, 2048, 2589

Mechanics' and Materialmen's Liens; special lien by

appraiser, certain cases, SB 150

......... ........ _ ........ No action in 1974

Medicaid Overpayment to Hospital; pay to surviving spouse, HB 1089 ...............................

...... No action in 1974

Medical Advisory Board; provide for within Public Safety Department, SB 360 _______________ _. _ .. .. ____ _ .___ No action in 1974

Medical Examiners; change fees, HB 372......I........ _________ 27, 1008, 1859, 2029

INDEX

2653

Medical Practice; aliens eligible for license examination,

one year residency, HB 951 _..._._......._......._..._..__...__.._.._.... --87, 89, 233, 278, 320

Medical Practice; license revoked for drug offense conviction

cannot be reinstated, SB 427 -- -- --

--. --

..............._._. 45

Medical Practice; license revoked upon second conviction

for felony, SB 546 ....._....., ...__..___._._.......

229

Medical Practice, State Board of Medical Examiners; revise

provisions, powers and duties,

SB 612 _...._......_............_..._....._.. ....._..._..459, 685, 689, 768, 780, 1813, 2086, 2589

Medical Records; confidential and privileged,

HB 1657 ------ ......._ _ -___-.__________.___.- ... 677, 683, 1128, 1137, 2067, 2216, 2497

Medical Services Study Committee; create, SR 403 -----------..,.-.-----------1581

Meetings of Agencies Be Open; exempt education boards

from provisions, HB 200 --

---- ---------------------- No action in 1974

Meetings, Public; city and county governing authorities must

give prior notice, SB 460 -- -- --

--

.._......__...._._.... ...........51

Mental Health; duties of ordinaries in termination of

guardianship of mental patients, HB 1252 ... _.....__.. .___.._,, 907, 914, 1129, 1136

Mental Health Services; provide uniform Statewide program, SB 616 ..._._.... 459

Mental Institutions; superintendent or administrative officer must be licensed physician, SB 222 .._........ ....__...__._.....___. ...._......_.. ......... 149, 187
Mentally 111, Hospitalization; hearing examining committee members; payment, SB 611 ....,,_._.___._......____........458, 604, 612, 933, 948
Mentally 111 Persons; change emergency hospitalization procedures, SB 562 ....... __............_.___..........___.269, 431, 466, 556, 575, 2175, 2590
Mentally 111 Persons; emergency hospitalization procedures, SB 380 ...__...__.._..........._._._..... ---- ----------------No action in 1974

Mentally Incompetent Persons; provide for sterilization before marriage, SB 603 .._..._.._.._._... _......... 382, 686, 690, 933, 967
Mentally Retarded Child in State Institution; parents not responsible for costs after 18 years of age, SB 184 . .._____________.. ... 149, 172, 220
Mercer University and Dean Nat E. Smith; commend, SR 402 __.......,,.........._... 1629 Merchants, Transient; license, HB 455 _.. ...........63, 93, 197, 216, 252, 262, 340, 345 Meriwether County Commissioners; compensation,
HB 1965 ._...._............_._._......_......_...._...__._..........._._... 1192, 1207, 1563, 1568, 1609
Metric System; public agencies use in addition to present system for public representations, SB 670-------- ...... ..._.._...._..._..__...... -744

Metropolitan Atlanta Rapid Transit Authority; exempt

from sales tax levied, HB 1512 ----996, 1004, 1786, 1795, 1859, 2067, 2104

Metropolitan Atlanta Rapid Transit Authority; reduce

amount due each local government from tax

collected, HB 1031

- ....996, 1004, 1786, 1793, 2066, 2569

Metropolitan River Protection Act; amend relating to

hearing provisions, HB 1914 _______ .._...._._...._.................... ....._...

..1356, 1359

Military Funeral, Course for Conducting; National Guard, SR 287 _-..........._...... ... ....._.... ....._._..__...... ......... 231, 363, 389, 449, 2047

Military Legal Assistance Act of 1974; create, HB 1599 ---------- -------- ------- ....... ----533, 538, 1791, 1798, 2067

Military Personnel Stationed in Georgia; pay in-state college tuition, SB 103 _..,,_.._.... ......._.... .... ------ ......._........ - -No action in 1974

Milk Products; wholesale price lists filed with Agriculture Commissioner, SB 560 .._............._.... 269, 329, 366, 397, 2215, 2217, 2230, 2589

Milledgeville, City of; change corporate limits, SB 354 _.__._____... No action in 1974

Miller County Court Judge; compensation, SB 576-324, 429, 469, 543, 994, 2588

Miller County; elected Board of Commissioners, SB 722--- ..._. 15aO, 1819, 1822

2654

INDEX

Miller County State Court; repeal referendum to

abolish, SB 507 .... . . ...................... . ........__......167, 275, 305, 331, 592, 2589

Mineral Rights; provide for title by adverse possession,

SB 56 ................_.............. .. . ............. ..........

2271,2570

Minimum Foundation Program of Education; change

provisions for regional public libraries,

SB 665 .....

.;................. . .. ..........743, 920, 922, 1027, 1093, 2583, 2590

Minimum Foundation Program of Education; eliminate

local contribution, SB 122 .................... ._.._...................._..... No action in 1974

Minimum Foundation Program of Education; funds sent directly

to public libraries, HB 1887 ......... .............................. 1366, 1373, 1789, 1799

Minimum Foundation Program of Education; personnel and

fund allotments to schools designated

"isolated", HB 1571 ........._..._...... 1577, 1582, 1821, 2009, 2040, 2216, 2231

Minimum Foundation Program of Education; provide for

instruction of married or pregnant pupils,

SB 504 _..........................._................................._.148, 277, 304, 344, 2049, 2093, 2589

Minimum Foundation Program of Education; provide

for State funding, SB 490 .. ..............................................

.106

Minimum Foundation Program of Education; redefining

school year and month, HB 1594 -..677, 683, 920, 925, 1027, 1145, 1242, 1279

Minimum Foundation Program of Education; reduce local

units' contribution, SB 356 .... .. .._.._...................----.--...... ......... No action in 1974

Minimum Foundation Program of Education; school bus drivers,

minimum salary, HB 1687 .....___.. ...... 1116, 1124, 1324, 1330, 1385, 1465

Minimum Foundation Program of Education; special assistance

fund for local units, SB 10

No action in 1974

Minimum Foundation Program of Education; teacher

certification requirements, HB 1815

1196, 1211, 1564, 1567, 2067, 2216,

2517, 2586

Minimum Wage Law; change for certain employees,

SB 350 ......... .........__............. ....... ... ........

No action in 1974

Minors; change employment provisions in places where

alcoholic beverages are sold,

SB 551 .

................. .... . 267, 606, 610, 703, 706, 1813, 2589

Minors, Destruction of Property; provide for damages, SB 220 ... No action in 1974

Minors, Employment of; work in wholesale and retail

stores, HB 1391 ... ..... ........... ........................... 295, 301, 606, 610, 933, 989

Minors; establish what materials are harmful, HB 617 .

No action in 1974

Minors, Materials Harmful to; exempt motion picture

operators from provisions of Act, SB 410 ......----...... ....................................... 24

Minors; penalties and jurisdiction upon conviction, SB 197... No action in 1974

Minter, James; compensate, HR 565 _....

740, 755, 1214, 1219, 1560

Misdemeanor Sentences; may be served on weekends,

HB 924 .... .... .................................. .........324, 328, 387, 438, 703, 730

Misdemeanors, Traffic Offenses; additional punishments,

HB 76

....................... ............... ........

172,207,291,355

Mitchell County Commissioners; compensation,

HB 1932 ."....

..

...... ..1190, 1204, 1587, 1602, 1834

Mobile Homes; separate class for ad valorem tax purposes,

SR 100 .......

___.__.____.___._______.___.__.--------- ....... No action in 1974

Mobile Homes Standards Act; change reciprocity provisions on fees, SB 658 ..................................742, 921, 922, 1027, 1032, 2174, 2590

Mobley, Hon. Carlton; commend, SR 413 ..

......... ......................

.1858

Mohler, Keith & Jimmy Alvarez; commend, SR 353

.......

.. . . . .841

INDEX

2655

Monroe Board of Tax Assessors; provide, HB 1972 _._..._.............._.._......__......__........_._._.....__......... 1395, 1570, 1787, 1803, 1844

Monroe County Sheriff; compensation, HB 1989 ..... 1736, 1781, 2035, 2041, 2056

Monroe County Small Claims Court; create, HB 1852 _________ _______________________________

..........906, 913, 1127, 1135, 1236

Montezuma, City of; State convey certain property to, HR 483 _____________________ ______________________ _____:_________ ___ 592, 601, 759, 764, 933, 972

Montgomery County Sheriff's Secretary; compensation, HB 1922 ___________________________________________ 1114, 1122, 1323, 1334, 1379

Montgomery County; urging conveyance of certain property,

SR 427

.

.

_____________ ____2173, 2588

Monticello Police Court; change name, HB 1655 _________________ 419, 426, 603, 608, 696

Moore, Mary Florence; regrets at passing, SR 273 __ _______________ _____ ...... 173, 267

Moore, Ray; commend, SR 407 __________________ _ _ __________________________________ _1785, 2181

Morris, William S., Ill; appreciation to, SR 404 _.__________.____......._______ 1938, 2181

Morris, William S. Ill; commend, HR 639 .............. ........................................825, 841

Mortgages; change provisions relating to foreclosure on personalty, HB 1032 __________....____._____ _ 1218, 1225, 1384, 1484, 2075, 2088

Mortgages on Personalty, Foreclosure; change procedures for summons, hearings and appeals, SB 543 _..._._..__........... _____ _ ...

___ 229

Motion Picture and Television Advisory Committee; amend to repeal a section of Act, HB 1900 1195, 1211, 1789, 1797, 2217, 2559

Motion Picture Operators; exempt from provisions of Act prohibiting harmful material sales to minors, SB 410___ ______ .........._...... 24

Motion to Set Aside, Civil Cases; additional provisions, SB 516 _ .. .............___..._._....._.._...._....._._.__....__..198, 387, 436, 478, 495, 2583, 2590

Motor Contract Carriers; Public Safety Department have jurisdiction, HB 1450 ________________________________738, 746, 1590, 1593, 1859, 1984, 2179

Motor Contract Carriers; regulations exempt vehicles transporting nursery stock or sod grass, HB 1329 .......... ........ 1580, 1581

Motor Contract Carriers; safety rules and regulations, HB 1449 __.._....._.........__..___._._._._ __.._..._._.._.._._.738, 746, 1590, 1592, 2067, 2216, 2378
Motor Fuel Tax; exempt sales to school systems, SB 619 _._......_..._......_.. ...................................._......_................460, 755, 761, 933, 1241

Motor Fuel Tax Law; change exemption provisions for

nonhighway fuel other than gasoline,

SB 555 ______________________________________________ .... .. ____

268, 330, 365, 412, 2583, 2590

Motor Fuel Tax; Revenue Department write off uncollected checks, SR 194 ... __ _____ ________________________________________ 275, 305, 350
Motor Vehicle Accident Reparations Act; no-fault insurance, HB 78 ........ ... _________ 77, 91, 115, 209, 219, 340, 580, 1035,
1083, 1094, 1990, 2050 Motor Vehicle Certificate of Title; eliminate non-negotiable
copy of title, HB 1604 ___ .... _______________________ 824, 831, 1129, 1132, 1613, 1733 Motor Vehicle Certificate of Title; replacement issued in lieu
of duplicate if lost or stolen, HB 1603___ _____________ 823, 831, 921, 926, 1613, 1732

Motor Vehicle Commission; create, HB 1614... ......... 1355, 1359, 1590, 1593, 1859, 1981, 2180
Motor Vehicle Franchise Practices Act; enact, HB 1614 _______________________________________________ 1355, 1359, 1590, 1593, 1859, 1981, 2180
Motor Vehicle License; exempt trailers with no springs used for certain purposes, SB 472 ______________________________ ____74, 149, 172, 222, 2046, 2589

2656

INDEX

Motor Vehicle License Fees; Revenue Department write off

uncollected checks, SR 193 ........................ 275, 305, 348 Motor Vehicle License Plates; proof of financial

responsibility before issuance, SB 12 _._.___._............... ............No action in 1974

Motor Vehicle Licenses; for certain temporarily

leased trucks, HB 1463 _._____.___.__.._______.___.___________________..._____.___.____532, 538, 758, 763

Motor Vehicle Operator; illegal to flee or elude police officer,

SB 345 ............_...........-_.......... No action in 1974

Motor Vehicle Operators; alcohol breath test, suspension

procedures, change, HB 247

.._ -

r.......... ..... 27

Motor Vehicle Operators; authorized to drive after drunk

driving conviction if employment requires, HB 1279. ........ .1966, 2030, 2129

Motor Vehicle Operators; hit and run drivers punished as

felony, certain cases, SB 378 _._._._._._.......................___...... ............No action in 1974

Motor Vehicle Operators; license revoked or suspended,

certain offenses, SB 340.........................................................................363, 389, 444

Motor Vehicle Operators; license suspended on first nolo contendere plea for drunk driving, SB 343 ................................No action in 1974
Motor Vehicle Operators' Licenses; Public Safety Commissioner

formulate rules and tests, HB 1637.........................1810, 1817, 2131, 2153, 2577 Motor Vehicle Operators; prohibited from wearing devices
which impair hearing or vision, SB 469 _..._._._..._. 74, 110, 150, 179, 2048, 2589 Motor Vehicle Parts Dealer, Used; applicants must
apply for sales tax number, HB 632_____._.___________.___________.______________________________________67

Motor Vehicle Registration; non-resident students & workers, SR 78 _...._..._..................._..._......_._............._._.____._..._.......__..__.___.._......____..2176
Motor Vehicle Violations; arresting provisions, HB 1325 ........822, 830, 1821, 1822 Motor Vehicles; accidents, drivers must move vehicles
from expressways, HB 1801 .... ._.._...... __..___.___.___.1117, 1125, 1324, 1329, 2565

Motor Vehicles, Certain Private; operate with flashing red lights, HB 1508 ___..__.................1195, 1210, 1789, 1797, 2216, 2376, 2478, 2480
Motor Vehicles; change provisions for making accident reports by law enforcement agencies, HB 1327...... ............. 1115, 1123, 1821, 1823
Motor Vehicles; exempt farm trailers from independent braking system requirement, HB 1350 ........................324, 328, 540, 543, 703, 722
Motor Vehicles, Inspection Requirement; exempt trailers under 2,500 pounds, HB 220 _._._._.___.................._.... .... .............No action in 1974
Motor Vehicles, Licensing and Registration; exempt motorized carts, HB 1292 ............................737, 746, 921, 923, 1027, 1145, 1169
Motor Vehicles; motor contract carriers, safety rules and regulations, HB 1449 ......................738, 746, 1590, 1592, 2067, 2216, 2378

Motor Vehicles on Highways; loads must be secured or covered, SB 61 ._...__.___._....._..__.__.._._......__.._..._......___........__.. ........No action in 1974

Motor Vehicles on Highways; loads must be secured or covered, SB 165 ....___....................._.................... ..........................No action in 1974

Motor Vehicles, Private Passenger; unlawful to alter suspension system, HB 1260 __.........._.......................................... 676, 681, 921, 923

Motor Vehicles; provide for replacement license plate, HB 891 ... .__-_________________.___.57

Motor Vehicles; Public Safety Department having jurisdiction over drivers, motor contract carriers, HB 1450 ..-.....---.-.-..------- .---738, 746, 1590, 1593, 1859, 1984, 2179

Motor Vehicles; regulations exempt those transporting nursery stock or sod grass, HB 1329 ..................._._....._....................... ......... ..-1580, 1581

Motor Vehicles; regulations for dismantling or rebuilding,

SB 298 ...........

.. .....No action in 1974

INDEX

2657

Motor Vehicles Transporting Hazardous Substances;

regulations, SB 297 ____________ _____________ . _..

______________ No action in 1974

Motor Vehicles Transporting Illegal Drugs; declared

contraband, HB 1474 _ _ _______ _________ .......

________675, 682, 1011

Motor Vehicles; trucks required to have protectors

on rear wheels, SB 11 __________ ...... .... ______ --2073,2113,2588

Motor Vehicles; truck transporting loads which can be

dismantled, permits to exceed size and weight

limitations, SB 594 ------- ___________

_____ 358,541,542,932,976

Motor Vehicles; used for illegal drug traffic,

disposition, HB 418 _______________ ................. _____ .... No action in 1974

Motor Vehicles; weight provisions, hauling granite,

HB 1305 ____ ._.----. _ _________________ _

....563, 574, 758, 763, 843, 901

Motorcycles, Certain Motor Vehicles; authorized to operate

in parades certain cases, SB 430 ___________________ ____________46, 78, 90, 144, 2047, 2589

Motorized Carts; exempt from registration and

licensing, HB 1292 _______________________________________ 737, 746, 921, 923, 1027, 1145, 1169

Moultrie; municipal elections, HB 2019

___________ 1302, 1314, 2035, 2061, 2181

Mountain Judicial Circuit Court Reporter; compensation,

HB 1973 ............ ............ _

........ _

.................----.----.1193, 1208

Mountain Judicial Circuit Court Reporter;

compensation, HB 1974 ______

__________ _________ . ... _______ ____1808, 1816

Municipal Authorities; employees covered under Joint

Municipal Employees' Retirement System,

HB 1344 .............. _________

__________ 592, 600, 1011, 1017, 1242, 1295

Municipal Clerks, Certified; commend, SR 168 ____________ ________ ______No action in 1974

Municipal Corporations; purchase liability insurance,

HB 1448 ________________________________ ____ 591, 600, 1786, 1793, 2067, 2216, 2502

Municipal Elections; change time for registration,

provisions for publication of notice of special

elections, SB 642 _______ ___________________________ ____________ ______597, 684, 691, 843, 889

Municipal Elections Code; clarifying amendments,

HB 1313 ______ ...._..__.--------_._. 419, 427, 919, 924, 1027, 1145, 1242, 1292

Municipal Elections Code; notice of candidacy, false

statement misdemeanor, HB 1339 ____

___ 420, 428, 1128, 1131, 1770, 2050

Municipal Elections; voter eligibility, procedures for defective

ballot cards, HB 1336 _______

_ 420, 428, 919, 924, 1027, 1145, 1242, 1285

Municipal Governing Authorities; compensation of elective

members, HB 1303 ...... _ _______ 266, 273, 602, 614, 1241, 1385, 1613, 1751

Municipal Home Rule Act of 1965; amend, HB 205 _____ 592, 599, 815, 1790, 1799

Municipal Home Rule; relating to publication of

notice of salary change of employees, SB 438 ..____________47, 757, 760, 842, 860

Municipal Office; repeal Act allowing State employees

to hold, HB 1833 ____________

_______ .1577, 1585, 1820, 1822, 2067, 2070

Municipal Officers; penalties for misfeasance,

corruption in duty, SB 235 ________________________________________ No action in 1974

Municipalities; officials serve documents, HB 205 _________ 592, 599, 815, 1790, 1799

Municipalities; (see Cities).

Muntean, Mrs. Barbara; commend, SR 366 _________..._____.__........

--1025

Murphy, Hon. John R. "Reg"; pertaining to, SR 426 ___ _____._._____,,._____________________-2140

Muscogee County; homestead exemption, HR 452__ ________ 227, 232, 386, 434, 509

Muscogee County, Homestead Exemption; 62 year olds, HB 1221 _______________ .... ____________________________________________ ________ ... 209, 215, 282

Muscogee County; homestead exemption, 62 years olds, HR 451 _______._ _ _ ... _____________________ _________________________ _227, 232, 386, 434, 509

2658

INDEX

Muscogee County State Court; appoint second assistant solicitor, HB 1398 .. .......___.....__.._._._..._------_--. 196, 204, 276, 307, 335
Muscogee County Tax Return Act; change population figures, HB 1644 ______________...______________.___.___.___..__.___.________.__.__..418, 425, 603, 607, 694

N

Narcotic Drug Act; change punishment for certain offenses, SB 660 ...._...... .....742

Narcotic Drug Act; establish penalties for drug violations by

drug-dependent persons, SB 431 ............_._... ...._... .........

46, 111, 150, 178

Narcotic Drug Act, Uniform; supersede and repeal,

SB 495 ----.____------...___.....___._._.107, 277, 303, 338, 368, 392, 2049, 2085, 2589

Narcotic Drugs; physical exam required within last five years

before prescribing, SB 547 ._..._..__.._.. . ..... __.. .. ----------230, 685, 688, 768, 816

National Bicentennial Commission; at large members, HB 1631 .... 1574, 1583

National Bicentennial Commission; proceeds from

contracts, HB 1675 _______._______.___.__..._._.___._____________._.824, 832, 1126, 1132, 1242, 1270

National Direct (Defense) Student Loan Program;

relative to, HR 363 ___._._.__..._..._......_._......_..._...__.._.._....._._._.__.._...._. 388, 438, 479, 520

National Forests; pertaining to cutting of forest timber,

HR 725 ........

1579, 1586, 1821, 1824

National Guard and Reserve Members; urge employers

to support, HR 505 __..___._._.__..._..._..___._._.__..____.__.__.___..__..__..._..... 197, 205, 1009, 1013

National Guard; course for conducting military funeral,

SR 287 ___-----------_........----.._._--_..._-_...------ 231, 363, 389, 449, 2047

National Guard Members; preference in civil service

program, HR 489 ...._...___._... .....----------...----_. ------ .1367, 1374, 2037, 2039

National Guard Recruitment; city-county schools,

SR 261 .-_____.____________----------------___--_-------._-_-___-_-76, 363, 389, 448

Natural Gas; urge allocation to produce nitrogen,

HR 473 .......

___.__._._...._......._._.296, 302, 429, 467, 557, 617, 671

Natural Resources Act; state make grants and leases,

HB 1597 --------------------------------------738, 747, 1217, 1225, 1385, 1478

Natural Resources Board; designate classes of employees

as conservation rangers, HB 1731 ...----...-.1303, 1317, 1791, 1799, 2067, 2118

Natural Resources Board; regulations issued in accordance with

Administrative Procedure Act, SB 432 ----........_--.. ....... ................ . 46

Natural Resources Department; authorized to provide for

bicycle trails, SB 464 ------_----------.. -------------.------52, 540, 542, 616, 617

Natural Resources Department control as State Park;

Lake Tobesofkee, SR 321 . ------------------,,-------.,,,,,,,,,,...__---. _ 423

Natural Resources Department; exchange of a

leasehold interest, SR 379 ------------------.....------1119, 1325, 1330, 1768

Natural Resources, Department of; Environmental

Education Advisory Council, create, HB 1395 ...... 355, 361, 687, 691, 2067, 2560

Net Income Taxation; terms same as U. S. Internal

Revenue, HB 1476 ------ .._......_...__.._.._.. 823, 831, 1786, 1795, 2067, 2216, 2499

Newborn Children; insurance coverage from moment

of birth, HB 995 _..----------.....-----------------737, 745, 1785, 1795, 1859, 1860

Newborn Children; insurance coverage from moment of birth,

certain policies, SB 71 .......-------------------------------- No action in 1974

Newborn Children; insurance coverage from moment of birth,

certain policies, SB 97 ----------...------ --.----------.. ------No action in 1974

Newnan, City of; water, sewerage and light commission,

sole utility system, HB 516 _....------.------...._......---- 323, 328, 1564, 1570, 1873

INDEX

2659

Newsmen; sources of information deemed privileged, SB 60 ...... ....... ______ 22

Newspaper Advertisements, Legal; change provisions of

preservation by courts, HB 70

................ ............... . .... . ________ _______ 57, 356

Nitrogen Production; urge sufficient allocation of natural

gas for fertilizer, HR 473_______ ____ __________ 296, 302, 429, 467, 557, 617, 671

No-Fault Insurance; provide for motor vehicle accidents,

HB 78

.....

____ ______ 77, 91, 115, 209, 219, 340, 580, 1035, 1083,

1094, 1990, 2050

Noise Detrimental to Public Health; regulation of, HB 451 87, 89, 233, 278, 319

Non-Resident Students & Workers; vehicle registration, SR 78 . _____ ____________2176

Norcross, City of; homestead exemption, HR 491 ___ ______ 381, 384, 464, 472, 698

Northeastern Judicial Circuit; investigator for

district attorney, SB 724 . _______________ 1392, 1586, 1599, 1828, 2214, 2591

North Georgia Mountains; urge halt to timber cutting in area,

SR 142 ___________ ______ ..... . ........................................ No action in 1974

Notify Governor that General Assembly has convened, HR 435 ... .............--14, 21

Notify House that Senate has convened, SR 248 . __ ________ _____________________ 15, 77

Notify Senate that House has convened, HR 434 _ ........................... ___.____________14

Nurses Examining Board; appointment of members, SB 363 ..... .... ....1127, 1131

Nurses, Practical; Board of Examiners set

fees, SB 674 .......

__

...........827, 1008, 1013, 1145, 1180, 2177, 2590

Nurses, Registered; change qualifications, Board of

Examiners set fees, SB 676 __ _ 827, 1008, 1014, 1145, 1181, 2519, 2524, 2590

Nursing Practice; define, SB 675

................ 827, 1008/1013, 1145, 1241

o

Obscene Materials, Distribution of; change certain provisions in Code

relating to definitions and penalties, SB 479 __________.._______.________76, 275, 303, 347

Obscene Materials, Distribution of; change provisions relating to use

of premises as public nuisance, SB 90 ______________ _________________________ 53, 84, 110

Obscene Words; redefine Code Section, SB 87 ................._.._...._..__......2182, 2244, 2591

Ocilla; aldermen qualifying for mayor, HB 1646 _______ ________418, 425, 603, 608, 694

Offender Rehabilitation Department; custody of felons over

age 13, SB 292 ___ ____ _ ......_..........._.760, 764, 842, 857, 2084, 2107, 2178, 2589

Offender Rehabilitation Department; repeal Code Section of commitment

of unruly children, SB 145 ............................................................No action in 1974

Offensive Words; redefine Code Section, SB 87 .......................... .....2182, 2244, 2591

Officials, Elected and Appointed State; fiscal notes accompany

salary legislation, HB 979 .......

......

105, 108

Officials, Elected; resignation required before qualifying for another

office, HB 394 ______________________ .........................................No action in 1974

Officials, State; compensation increase prohibited during

term, SR 216 ___________________________ _______________________________._.___...____._________No action in 1974

Officials, State; mandatory retirement at age 70, SR 40 -_-______________-_. .._______ ______25

Officials, State; U. S. citizenship required for all

positions, SB 615 ___________________ ______ 459, 684, 690, 768, 843, 894, 1811, 2589

Oglethorpe County, Superior Court Clerk; compensation,

SB 597 ______________________________________ ______________________ 359, 429, 469, 547, 995, 2589

Oglethorpe Development Authority; change composition,

SB 585 _______________________________________________________________________ 357, 429, 469, 544, 994, 2589

Oliver, Wayne William & Stuart Kohler Shapira; commend, SR 415 ________________1936

Omni, Western & Atlantic Lease; severance of part from previous lease, HR 634 __________________ 1197, 1213, 1591, 1592, 1860, 2024, 2025

2660

INDEX

Optometrists; prohibit discrimination against, HB 1805 ......... 1356, 1359, 2037,

2039, 2216

Ordinaries; duties in termination of guardianship of

mental patients, HB 1252 __.._...__.._........___....________....._.._..._...... 907, 914, 1129, 1136

Ordinaries; provide for minimum salaries, SB 522 _______________ 199, 329, 365, 401 1813,

1949, 2589

Ordinaries; use photostatic equipment, HB 69 ___.___.___.___...._.___._._._._._______.________759, 763

Ordinary; approve settlement between parties to wills, SB 333 __.._._....____ 31, 85, 92

Ordinary, Courts; change name to Probate

Courts, HR 445

.

. . 355, 362, 1009, 1014, 1385, 1614, 1860, 2027

Orthotists and Prosthetists Practice Act; regulate practice,

SB 573 _........_..__._. 298, 685, 688, 768, 817

Palmetto, City of; homestead exemption, HR 136 _...533, 538, 1323, 1334, 1528, 1811

Parades; motorcycles and motor vehicles authorized to operate,

certain cases, SB 430 ________.._._._.....__.._.._...._......_..___._.________46, 78, 90, 144, 2047, 2589

Pardons and Paroles Board; additional powers on pardons and

reprieves, SR 17 ......_....-_._...___._.____..... ______

No action in 1974

Pardons and Paroles Board; additional procedures for persons appearing

in behalf of prisoners, SB 465 __________________________________________________________ _______ _73

Pardons and Paroles Board; aged or disabled inmates,

parole, SB 326 _._.....__......_..........._....__.....__....__.._________._______________________ 2230, 2400, 2590

Pardons and Paroles Board; General Assembly members prohibited from

appearing before, HB 1689 _____________________________.__._____.._______.,,,,_____________ 1365, 1372

Pardons and Paroles Board; inmates serving life sentence eligible for

parole after fifteen years, SB 580 ____________________......_ 325, 1326, 1328, 1384, 1394

Pardons and Paroles Board; member issue warrant for arrest of

parole, SB 228

....... .No action in 1974

Pardons and Paroles Board; notify sentencing judge and district attorney

in writing of early prisoner release, SB 456 ____________________________________________ . ______50

Pardons and Paroles Board; provide for parole of prisoner on life

sentence after twenty years, certain cases, SB 226 _____ ______ No action in 1974

Pari-mutuel wagering; Pulton County, SR 256 ______________________________________________ ____53

Parole; minimum sentence must be served, certain offenses, HR 207 ________421, 428

Paupers; provide for payment for ambulance service, HB 1761 ........_....._.1812, 1818,

2051, 2054

Pavo; change date of regular election, HB 1719 ________________733, 749, 1007, 1015, 1139

Peace Officer on Duty, Charged with Crime; certain rights provided

before indictment, HB 1741 __________________________ _1577, 1584, 1961, 1962, 2216, 2515

Peace Officer Organizations; unlawful to solicit or accept donations

or advertise unless person is employed, HB 1742 _______ 13'05, 1318, 1961, 1962,

2216, 2514

Peace Officer Standards and Training Act; certification of

constables, SB 637 ________________________.._....._________......._________ __________596, 1011, 1144, 1151

Peace Officer Standards and Training Act; certification of

constables for arrest powers, SB 635 _______________________ 595, 1218, 1224, 1384, 1388

Peace Officer Standards and Training Council; provide for

membership, SB 346 ._..__ ____.....__....._...._.__ No action in 1974

Peace Officers' Annuity and Benefit Fund; change benefits those

previously retired, SB 124 _______._______.____________________.___..._____........No action in 1974

Peace Officers' Annuity and Benefit Fund; change definition of "peace

officer", HB 1457 ....____....___ ________________________________....591, 601, 1326, 1331, 1385, 1466

INDEX

2661

Peace Officers' Annuity and Benefit Fund; change Section 5 for

reference purposes, SB 133 ___......._.___________._____.________..___._._.________No action in 1974

Peace Officers' Annuity and Benefit Fund; option payment

choice, HB 1458 .............._._.....____.__.___________.___.._..___.591, 601, 1326, 1331, 1385, 1468

Peace Officers; arrest warrants against must be issued by certain

judges, HB 1885 .......................... _______......__.1575, 1585, 1961, 1962, 2216, 2516

Peace Officers; protected from false arrest suits, SB 400 ........... No action in 1974

Peace Officers, Witness Fees; appearance at coroner's inquests, HB 954 ____502, 531

Peace Warrants, Behavior Bonds; repeal Code section, SB 38 __.._._.1812, 2113, 2588

Peacock, Walter H. Jr.; compensate, HR 502 ................1305, 1321, 2035, 2038, 2380

Peanut Producers; compensate for those not qualified for

marketing, HB 1554 ___.___.____...._._____._.______________._._738, 747, 1006, 1014, 1859, 2016

Pecan Processors and Wholesalers; Agriculture Department

license, HB 1402 .._.._.._..........._............_..__.......__.381, 384, 429, 467, 557, 565, 678

Penal Facilities; provide for annual inspection, SB 258 _______.___.....No action in 1974

Performance Evaluation and Expenditure Review, Joint Legislative

Committee; create, SB 468 ............................_.......__..........._..74, 430, 465, 556, 616

Pesticide Use and Application Act; change certain provisions relating to

surety bonds and insurance requirements, HB 1392 .................1576, 1581, 2034,

Petroleum Product Dealers; additional regulations and

2039, 2067, 2558

requirements, SB 549 .......................................................... _._.._.._._._._._...230, 758, 760

Petroleum Products Dealers; giveaway programs prohibited, SB 550 ..... 230, 758

Pharmacies; penalties for drug violations different for drug-

dependent persons, SB 431 ............................_...._.._._......_.........._...46, 111, 150, 178

Pharmacies; prohibit sale of hypodermic syringes and other devices

except to authorized persons, SB 428 .._.___.___.._..________________45, 685, 688, 767, 777

Pharmacies; redefine marijuana, SB 449 ........................ ....... ........49, 233, 278, 318

Pharmacists; change certain definitions in Code

section, SB 613 ...................._.......__............_ 459, 685, 689, 768, 843, 895, 2176, 2590

Pharmacists; temporary licenses, reciprocity, HB 1401 ............._. 264, 274, 431, 467,

557, 617, 667

Photostatic Equipment; provide for use of by ordinaries, HB 69 .. ... . ......759, 763

Physicians; see Doctors of the Day

Pierce County Board of Commissioners; compensation,

HB 1693 .............._............._..._...._..___..__._...___.__.._._.._.._...............590, 598, 756, 766, 838

Pierce County Sheriff; compensation, HB 1690 _......._....._.....589, 598, 756, 765, 836

Pierce County Tax Collector; compensation, HB 1691 .... .. 589, 598, 756, 765, 837

Pierce County Tax Receiver; compensation, HB 1692 ....... 589, 598, 756, 765, 837

Pinson, Miss Cathy Snellings; appear before State Senate, SR 418 ________________1984

Pistol, License to Carry; change provisions, SB 652 ....... 680, 1009, 1012, 1144, 1152

Pistol, License to Carry; sheriffs evaluate applications, HB 190 ....No action in 1974

Pistol Possession without License; change offense to felony, HB 473 ........592, 599,

1129, 1136

Pitts, Dr. Lucius H.; regrets at passing, SR 437 ......................_._..._...._................. 2549

Planned Growth and Development Act; provide for procedures and

State assistance, SB 583

.325

Planned Growth and Development; provide for in Georgia,

HB 1658 ................._......_._.._.._.....................................533, 538, 919, 925, 1613, 1740

Planned Growth; executive-legislative committee to study, SR 370 _______._______.1000

Planning and Budget Office; establish uniform regulations for reimbursing

employees for travel, SB 272 _........._..............._.......__.._.......... No action in 1974

Planning and Budget Office; reports from cities and counties on use

of revenue sharing funds, HB 1411 _._....._._................._.......... 266, 274, 1008, 1014

Planning and Development Commission Overview Committee;

create, SB 606 ... ..... ......................._..........._........._..........._.__.._._..._.._.._..._............_422

2662

INDEX

Planning and Development Commissions; change provisions on

membership and public hearings, SB 633 _...._.._._.....__..__.._._..........._.._..__.___.._.......595

Planning and Development Commissions; prohibit from certain contracts,

require annual budget, SB 548 ........_......._...._.._._.....329, 365, 413, 417, 479, 505

Planning and Development Commissions; restrict headquarters

locations, SB 644 ...........................................

597, 919, 922

Planning and Development Commissions; written approval required

on contracts, SB 227 ............----.........--------....................----2084, 2247, 2590

Planning Commissions; cities and counties authorized to establish,

HB 1726 ..........................--..........._.....------------ .....1812, 1817

Planning Commissions; cities and counties may also create zoning

review board, SB 528 -------...... ..-------201, 1126, 1132, 1238, 2175, 2590

Planning Commissions; governing authority's decision contrary to

recommendations must be in writing, HB 1851 ................1365, 1372, 1789, 1797

Plea Bargaining; provide for, SB 355 ___.___.___._______.__..___.___.___.___________.No action in 1974

Pleadings; not necessary to verify in any case, SB 690 - 998, 1327, 1328, 1384, 1444

Point System, Traffic Violations; change number for driver's

license suspension, HB 246 __......._............. 104, 159, 198, 215, 982, 997, 1440, 1814,

1931, 2050

Policy Academy; transfer to Public Safety Board jurisdiction,

HB 1817 ---.--------........--------........-------..---------1578, 1584, 1820, 1824

Political Party; candidates prohibited from qualifying with more

than one, SB 76

..

No action in 1974

Political Party; candidates qualify with only one, HB 59 .................... -----430, 466

Polk, Coach Ron and Eagles Baseball Team; inviting to attend

session of Senate, SR 331 ................................_...................................................531

Polk, Coach Ron, Ga. Southern; congratulating, SR 310 ................................_._.....366

Polk County Sheriff & Deputies; compensation, SB 624 .......... 535, 756, 766, 834,

2048, 2092, 2588

Polk County State Court Judge; compensation, SB 623 ------535, 756, 766, 834,

2048, 2092, 2588

Polling Place; increase minimum number of vote recorders

required, HB 1630 .._....._..........._........_.._..........._._.._.............._.......824, 832, 1589, 1594

Polls; limit number to be open for certain special elections, HB 1266 . .....324, 328

Pollution; redefine under Water Quality Control Act, HB 1735 ....1196, 1211, 1791,

1800, 2067, 2117

Pooler; change corporate limits, HB 2048 ............... ---1362, 1370, 1788, 1804, 1847

Pork, Beef, Lamb Sales and Advertising; prohibit certain deceptive

practices, HB 1632 ............................................. -824, 832, 1006, 1014, 1242, 1280

Ports Authority; change interest rate on revenue

bonds, HB 1602 ................................739, 747, 1010, 1018, 1242, 1385, 1452, 1810

Ports Authority; Governor convey certain property in Glynn

County, HB 921 ......----..--........ ..........---- ............................29

Ports Authority; Governor convey certain Richmond County

property, SB 627 ....------...------...--.-----536, 758, 762, 843, 864, 2046, 2589

Post Mortem Examination Act; allow blood sample from person unable to

give consent, HB 1536 ...._..._........_......_._.........1578, 1582, 2095, 2152, 2216, 2509

Post Mortem Examination Act; change fees paid to medical

examiners, HB 372 --......

...

27, 1008, 1859, 2029

Post Mortem Examination Act; State Crime Laboratory use Public Safety

Director's aircraft, HB 1540 _........_.._............_..996, 1004, 1589, 1592, 2067, 2097

Powder Springs; extend corporate limits, HB 1882 ....... 1113, 1121, 1787, 1801, 1841

Power Engineers Examining Board; create, provide for

licensing, SB 294 ----------------------..-.-..-....------684, 767, 768, 769, 820

Practical Nurses; Board of Examiners set fees, SB 674 ...... 827, 1008, 1013, 1145;,

1180, 2177, 2590

INDEX

2663

Preachers; see Chaplains.

Pregnant, Married Pupils; provide for instruction in public schools,

SB 504 _--------.----....------.------------------148, 277, 304, 344, 2049, 2093, 2589

Pre-Need Funeral Service Contracts; change provisions and

requirements, HB 1676 .._..._....._._............._......... 1116, 1124, 1589, 1595, 1859, 2005

Prescription Eyeglasses; lens requirements, HB 1306 ----265, 273, 920, 924, 1027

1145, 1241, 1267

Presidential Election Day; urge designation as national

holiday, HR 23 --------------------------

...No action in 1974

Presidential Preference Primary; establish procedure for date

selection, HB 1615 .----------......--------------.---- 824, 831, 919, 925, 1613, 1752

Printing of Publications for State Department or Agency; number

of copies and cost, HB 783 --_---.----------------------.........------81, 153, 156

Prison Guards, Wardens; police powers, certain cases,

SB 572 ......... .................. ........................ 297, 605, 610, 703, 720, 2548, 2551, 2590

Prisoners, Aged or Disabled; parole or pardon, SB 326 __..__________..___.2230, 2400, 2590

Prisoners; counties reimbursed for cost of maintaining,

certain cases, HB 1626 ....................................1365, 1372, 1790, 1798, 1859, 1987

Prisoners; provide for release prior to trial, certain cases, SB 671 ........ 826

Prisoners Serving Life Sentence; eligible for parole after fifteen

years, SB 580 ........................._......_._._...._.._..._._........._.......325, 1326, 1328, 1384, 1394

Prisoners, Transfer While Appeal Pending; change procedure and

provisions, SB 482 ------------------------88, 331, 364, 478, 500, 2229, 2258, 2590

Prisoners, Transfer While Appeal Pending; change request

procedure, SB 300

.------ ...._..------------------ No action in 1974

Private Business, Committee to Study Regulation; create, HR 455 ........1812, 1818

Private Passenger Automobile; change definition,

SB 439

........_..............- 47, 72, 206, 235, 286, 458, 672

Probate of Wills; change provisions on witnesses, HB 1888 ___._____._.___..__.__.1305, 1319

Probation Systems, Counties; financed by State, SB 320 ----------No action in 1974

Procedure for presenting bills & resolutions to Governor, SR 252 ____.___________________52

Professional Standard Review Organization Laws; urge

Congress to repeal, SR 301 .

.----....

292, 422, 2591

Properties Code, State; procedure relating to amendments to

leases, HB 1892 _....._.....__.._......................._...__..1197, 1202, 1590, 1593, 1860, 2022

Properties Commission, State; convey property to U.S. Corps of

Engineers, HR 592 ........._...................._._..._._.._.._...........1367, 1375, 1591, 1594, 2507

Properties Commission, State; powers relating to sales and

leases, HB 1893 .........._.............._.._..._......._....._.__..1197, 1202, 1590, 1593, 1860, 2023

Property Appraisal, Counties; required only every five years,

SB 348

.....

...No action in 1974

Property, Conveyance of Certain State-owned Real Property;

Pulaski County, SR 344------------------------------------598, 758, 763, 843, 897

Property Destruction by Minors; provide for damages, SB 220 ... No action in 1974

Property; establish criteria to determine fair market value,

SB 641 ............................_..._..............._........_.._...596, 917, 929, 1026, 1030, 2583, 2590

Property in Transit; cities and counties authorized to exempt

from taxation, SR 123 --------------------------

......

25

Property in Transit; exempted from ad valorem tax, certain cases, SR 124 ________25

Property, Public Sales; provide for alternate days for holding, certain cases, SB 565 ............._.._........_.._...._.............._........_..270, 387, 437, 479, 499

Property, Real; separate class for taxation, SR 323 .....424, 917, 930, 1241, 1384, 1392

Property Transfer; Baldwin County, HR 575 ------------------1366, 1374, 1590, 1593, 1860, 2014

2664

INDEX

Property Transfer; Baldwin County lease land from Properties

Commission, HR 595 _______________________ --_________....1367, 1374, 1590, 1593, 1860, 2015

Property Transfer; City of Bainbridge, HR 503 _______ 296, 302, 541, 543, 933, 1027,

1145, 1242, 1273

Property Transfer; City of Jesup convey to Wayne County Hospital

Authority, HR 591 ________.......___________._________....____1963, 1971, 2130, 2152, 2217, 2506

Property Transfer; Coweta County, HR 628 _.._____________..______..__1367, 1374, 2131, 2152

Property Transfer; Governor convey certain Glynn County property to

Ports Authority, HB 921

...... 29

Property Transfer; Governor convey Richmond County property to Ports

Authority, SB 627 ..__-__________...___..-_______....___ 536, 758, 762, 843, 864, 2046, 2589

Property Transfer; Properties Commission convey to U.S. Corps of

Engineers, HR 592 .......__..........._____________...____..........__1367, 1375, 1591, 1594, 2507

Property Transfer; Richmond County, SR 329 ....................460, 758, 763, 843, 868,

2048, 2589

Property Transfer; Seminole County, SR 394 ____________1310, 1590, 1592, 1859, 1934,

2397, 2407, 2591

Property Transfer; State Agriculture Department convey to City

of Cairo, HR 461 ___________________________________ 534, 539, 759, 763, 933, 1027, 1145, 1242,

1271, 1368, 1443

Property Transfer; State convey to City of

Montezuma, HR 483 ._.............._.......__...._._...._..............592, 601, 759, 764, 933, 972

Property Transfer; State-owned property in Union

County, HR 658 _____________.....______.___._______________________........1580, 1586, 2130, 2152, 2520

Property Used for Food or Cotton Production; separate classification

for ad valorem tax, SB 491 _________________________________.._..__________107, 917, 929, 1026, 1028

Property Used in Commission of a Felony; provide for confiscation

and sale of, SB 497 ______ ..._ _______________________.____147, 331, 365, 409, 1326, 1384, 1446

Proprietary School Act; change certain provisions relative to school

representatives, SB 558 ...__________.______________....268, 386, 437, 556, 566, 2175, 2590

Prosecuting Attorneys' Council; create, SB 620 __________ .................__.534

Prosecuting Attorneys' Council of Georgia; create,

HB 1555 ..._...._________________________.....__________________1116, 1123, 1185, 1327, 1329, 1613, 1622

Prosecutions, Multiple; not guilty verdict not affect guilty verdict in

other crime, HB 763 __.._..............._...._.._._._..............._..............._..........._...................53

Prosthetists and Orthotists; regulate practice; provide for certification,

SB 573 ._.._...__...__.....__

298, 685, 688, 768, 817

Protective Services for Adults; provide for those incapacitated,

SB 192 ........_._....._..._._.__.._..............._._....._........_..431, 465, 932, 938, 2519, 2525, 2590

Psychiatric Examination, Criminal Cases; pre-trial exam for

defendant, SB 183_____...................................................................... No action in 1974

Psychic, Astrology and Occult Sciences Study Committee; create,

SR 156 .........................

No action in 1974

Public Authority Surplus Funds Study Committee;

create, SR 226 _._.__.................._._..._.__.........._............_.._..._...._..........No action in 1974

Public Officials; compensation increase prohibited during term, SR 216 ____......__._...._______________________________________.__________..______________No action in 1974

Public Officials, Elected; compensation increase prohibited during term, SR 79 _____._________..............___..__________.___________________....._._________________________109, 150, 180

Public Officials, Elected; compensation increase prohibited during term, SR 115 ...__........_..__...._..... No action in 1974

Public Officials, Elected; resignation required before qualifying for another office, HB 394 ............................................................No action in 1974

Public Officials; protect against conflict of interest and unethical conduct by, HB 1281 _......,... __________________ ______ 1304, 1316

INDEX

2665

Public Officials; study of compensation and allowances

SR 231 .......................... No action in 1974

Public Safety Board; provide for quorum for business, HB 406 ....__..-_____.1789, 1796

Public Safety Commissioner; formulate rules and tests for motor

vehicle operators' licenses, HB 1637 ......_.___..__.___.__..1810, 1817, 2131, 2153, 2577

Public Safety Commissioner; receive copy of all traffic citations, HB 384 .--28, 330

Public Safety Department; certain employees retire after twenty

years, SB 104 .......... ................. No action in 1974

Public Safety Department; certain employees, retirement benefits,

SB 70

..

........

.._.,,................ No action in 1974

Public Safety Department; change compensation, certain

employees, HB 1606 ___._______________._...___.___________.____.._._...1364, 1371, 2034, 2038, 2543

Public Safety Department; change provisions for incentive pay increases,

certain employees, SB 608 _________._________.__...____423, 755, 761, 843, 892, 2176, 2590

Public Safety Department; driver's license examiners,

salaries, HB 1326 ___.___________.__..._.._.....__..__.___._.._.___.____420, 427, 686, 690, 768, 843, 902

Public Safety Department; lease airplane for Crime Laboratory

Director, HB 1192 ....... ....... 30, 1789

Public Safety Department; local police officers may request

assistance, SB 455 _________.._.___....___.____._______________._____._.50, 110, 150, 175, 2047, 2589

Public Safety Department; Medical Advisory Board created,

SB 360 ......................................................................................No action in 1974

Public Safety Department; overtime pay for uniformed personnel from

Federal funds, SB 138 ................. .No action in 1974

Public Safety Department; prior service credit for longevity

increases, HB 1300 ................................................................HIS, 1122, 2034, 2038

Public Safety Department; reimburse employees who must relocate due

to job, HB 401 ___._______.____._...__._______.___._.-.___________.____.._.__.._______..__.._________..___.2034, 2038

Public Safety Department; remove certain employees from uniform

division, SB 337

................ No action in 1974

Public Safety Department; suspension of officer, hearing within

30 days, HB 1330 ................................................... 1115, 1123, 1789, 1796

Public Safety Department, Uniform Division; change time of

retirement, HB 1423 ........................_............._......__.__.._......:............._.._....._.....676, 681

Public Safety Department; uniform division commander's salary set by

Board of Public Safety, SB 587 ............... 357, 430, 468, 556, 570, 2397, 2418, 2590

Public Safety Department; uniform traffic citations not required until

1974, SB 376 ................................................................................No action in 1974

Public Sales of Property; provide for alternate days for holding,

certain cases, SB 565 .......... . ... .. .. ........... ......... 270, 387, 437, 479, 499

Public School Retirement System; notify members in advance of

retirement date, HB 1316 ...........................590, 600, 1011, 1017, 2067, 2216, 2475

Public Service Commission; regulate rates for advertising in telephone

directories, SB 198 ................................_..._._..........._.........___._.......No action in 1974

Public Service Commission Study Committee; create, SR 356 ___________.___________.___.828

Public Service Commission; utility rate changes, change time for schedule suspension, bond provisions, SB 647 ... -- ... ...._._--..,,...._._..__._........_..._...__.._._._.. 679

Public Service Commission; utility rate or service changes effective only upon approval, SB 462 ........_._....._..._... ___.______________.___________.___._._.__________..________________51

Public Service Commission; utility rate or service changes, prior notice of hearings required, certain cases, SB 463 ___.___________._____.____..___________.__...___________________51

Publications, Printing of; number ordered by State Department and

approximate cost, HB 783

................

81, 153, 156

Pulaski County; conveyance of certain State-owned real property, SR 344 ......_............_._._.........._........__......... 598, 758, 763, 843, 897

2666

INDEX

Pulaski County Deputy Sheriff; compensation, HB 1838 ______________..____.....__.....___.__................................_.____906, 913, 1127, 1135, 1236
Purchasing Department; fidelity bonds covering employees, HB 744 ............................................. 677, 681, 919, 923, 1241, 1266
Purchasing Supervisor; appointment and compensation, HB 336 ___.____..___..._._.__.__._..__...__._.........._____._.__. _______.67, 1214, 1384, 1613, 1747, 2050

R

Rabbits; included within provisions of Georgia Meat Inspection

Act, SB 476 ..........

---...,, 75, 149, 172, 224, 2048, 2589

Rabun County Supervisor of Roads; compensation, HB 2039 ................13'61, 1368,

1788, 1803, 1844

Railroads, Airlines; make tax returns to county tax

authorities, SB 224 ___...___..

No action in 1974

Railroads; provide visual and audio signalling devices at certain

crossings, SB 407

_..........._--.-.___..._.. No action in 1974

Rape Conviction; removal of testicles required, certain

cases, SB 554 ............................268, 388, 437, 617, 843, 861, 904, 1241, 1612, 1763

Rapid Transit Authority, MART A; change membership of board of directors,

SB 609 _..._._._................._........._._.423, 918, 922, 1026, 1144, 1183, 1276, 1384, 1386

Rapid Transit, MARTA; change rate of sales tax levied, SB 686 ................911, 1615

Rapid Transit, MARTA; limit amount of tax proceeds used to subsidize

operation, HB 1610 _._....._......................._..._....-997, 1005, 1786, 1794, 2067, 2572

Real Estate Brokers; change certain Code provisions, define "referral

agent", HB 1706 .........._.__..._.._...........................1304, 1317, 1589, 1595, 1859, 2017

Real Estate Brokers; qualifications of members in partnerships and

corporations, HB 1707 ........._..__.........._...........__..1304, 1317, 1589, 1595, 1859, 2018

Real Estate, Foreclosure; notice mailed to apparent owner, HB 26 ______________ 234

Real Estate License Tax; cities and counties collect,

HB 1765 ....................1578, 1584, 1820, 1824, 2216, 2532, 2550, 2552, 2566, 2573

Real Estate Salesmen; license applicant furnish evidence of study

course completion, HB 1309 _..._..................._._.... 264, 273, 385, 439, 479, 522, 593

Reapportionment; certain House of Representatives districts,

HB 1302 _____________._.__.__.._____...__.______________________842, 903, 1128, 1131, 1859, 1988, 2050

Reapportionment; change Senatorial districts 15 and 16,

SB 477 .......................... .75, 109, 150, 176, 1366, 2589

Reapportionment, Senate; change districts 9, 10 and 13, SB 481 ____________________88, 430

Reapportionment; Senate districts 9, 10 and 13, SB 424 ................... .. 276, 303, 342

Rebel Restaurant; commend, HR 617 -- ..-,,......._.594, 615

Recorded Materials; prohibit unauthorized reproduction, sale or

distribution, HB 1736 ............._......_._.__.._._.___................._...............................908, 916

Recording Equipment, Audio or Video; use authorized for preserving-

testimony, certain court cases, HB 425 ............_...................... No action in 1974

Recordings, Tape; prohibit reproduction or distribution without owner's

consent, SB 433 ............

46, 276, 303, 399

Recordings, Tape; prohibit reproduction or distribution without owner's

consent, SB 452 ...............

49

Records; confidential for first offenders, SB 709 _____________________ 1201, 1790, 1799

Reflective Clothing; urge wearing by school patrols, HR 578 ....... ............... 421, 439

Refunds, fraudulent attempts to obtain unlawful,

SB 643 .............._..__....._..._..._...........................597, 919, 922, 1026, 1027, 2582, 2590

INDEX

2667

Regents Board; add student member, SR 286 .._._...__--._________________________._.______._________231

Regents Board; members, compensation and per diem, SB 716 _____________.__1309, 1565,

1566, 1767, 2396, 2399, 2591

Registrars, Elections; college deputies register only students or

employees, SB 383 ............._. __...____.__,,,,___..______ No action in 1974

Reidsville Airport Authority; create, HB 1456 ______________________..264, 271, 386, 433', 474

Reinhardt Parkway; designate portion of Highway 140, HR 522 __ _____________739, 753,

921, 925

Relative to adjournment, HR 751 ....... _.____,,___._______ ..____._______.________.____.__.__________.____2003

Remerton; change from town to city, HB 1955 ____________1192, 1206, 1587, 1603, 1837

Reorganization Act; amend relating to a quorum for Public Safety Board

to conduct business, HB 406 ............________..____________________________...__._._______________1789, 1796

Reorganization Act; amend relating to classification of positions by

department heads, SB 273 ......._....._.--

No action in 1974

Reorganization Act, Executive; amend to transfer functions of Historical

Commission to Natural Resources Department, SB 257 .... _ No action in 1974

Reorganization Act of 1972; amend to create Georgia Bureau of

Investigation, SB 496 _______________________________________ 108, 387, 436, 478, 523, 1579, 2588

Research and Development Program, Educational; create, HB 367 _______ 27, 171, 291

Reserve Officer Training Corps Study Committee; create, SR 342 ___________________ 597

Residency Requirements for Employees; cities, counties prohibited,

SB 440 ____________________________________ 47, 385, 435, 556, 557, 587, 932, 949, 1811, 2589

Residential Property Regulation Act; relieve certain persons from

secondary security deed, HB 1333 ___________ 676, 681, 917, 930, 1027, 1145, 1242,

1259, 1298, 1385, 1527

Retail and Wholesale Stores; certain minors may be employed,

HB 1391 ____________________....___.._____________.__......_....._...___ 295, 301, 606, 610, 933, 989

Retail Installment Seller; no discrimination against borrower because

of sex, race or religion, HB 91 _______________________________________________.__..420, 427, 602, 613

Retarded Child in State Institution; parents not responsible for costs

after 18 years of age, SB 184 ______ _______............._________._________________ 149, 172, 220

Retarded Children Facilities and Programs Study Committee;

create, SR 160

........ No action in 1974

Retired Teachers; increase benefits, SR 283 ______ 203, 606, 612, 703, 717, 2047, 2589

Retirement Benefits, Armed Forces; exempt from State income

tax, SB 106

...............

362, 388, 441

Retirement Committee, Standing; function after adjournment,

SR 195

_._.,,_.,,_.,,...,,..._

No action in 1974

Retirement Fund, District Attorney Emeritus; eligibility and

benefits, HB 1408 _..___...._._..._._...._.......________________________________._...________...._________...457, 463

Retirement Fund, District Attorneys; change amount of payments,

SB 117

.

___________ 432, 465, 616, 620, 1575, 2588

Retirement Fund, Superior Court Judges'; change provisions on death

before retirement, SB 536 .......... ..._______________........................_.____________ ....202

Retirement Fund, Trial Judges and Solicitors; change contribution

provisions, SB 134 ...._._.__.._...___._...__.._._ No action in 1974

Retirement Fund, Trial Judges and Solicitors; change provisions on death before retirement, SB 518 _________.______________________..._____..___.__________________________________________199

Retirement Legislation; provide for fiscal notes and actuarial studies, SB 521 _______________...._.__....___ 199, 759, 761, 842, 846, 1810, 2589

Retirement of State Officials; mandatory at age 70, SR 40 ............_._.._______________ 25

Retirement, Peace Officers' Fund; change certain benefits, SB 124 _______________________ ....._.._........__.. No action in 1974

Retirement, Peace Officers' Fund; change Section 5 for reference

purposes, SB 133

............________ ......No action in 1974

2668

INDEX

Retirement, Public School Employees; prior service credits, certain

cases, SB 485 __.._._..._._...._____._.____.______.___.__.._._.____.__..__.__..105, 606, 611, 703, 2175, 2590

Retirement System, Employees'; appellate court judges,

benefits, SB 75

....................

No action in 1974

Retirement System, Employees'; certain superior court employees

eligible, HB 138 __............_...______.___._____._..._.___.__..._.._................_..26, 384, 479, 527, 1011

Retirement System, Employees'; change age provisions after 35

years' service, HB 58 _____..________.._..__._._._____.__.._._._______________.....606, 612, 703, 724, 997

Retirement System, Employees'; change credit for service in armed

forces, SB 105 ___.___._______..._._._____._....__.____._____...._.__...._.....__._.__._______.No action in 1974

Retirement System, Employees'; county tax officers, change

provisions, SB 155 ........________,,_.___._..........._............_.._................ No action in 1974

Retirement System, Employees'; credit for prior legislative branch

service, certain cases, SB 514 .___.._._______________________._.......__..___._______.___________________.___.198

Retirement System, Employees'; credit forfeited annual and sick

leave, HB 346 _______.________........_.._..__.____..._.__________..___.457, 462, 1326, 1331, 1613, 1617

Retirement System, Employees'; include certain employees of Natural

Resources and Revenue Departments, HB 1526 ............1304, 1316, 1822, 1823,

2216, 2419

Retirement System, Employees'; investment of assets, HB 391 .......................... .....28

Retirement System, Employees'; military service credits,

SB 199 .._._.._._.._...._......_........_..._..................__... .............. ........... No action in 1974

Retirement System, Employees'; Public Safety Department employees,

retire after twenty years, SB 104

............ No action in 1974

Retirement System, Employees'; retirement age specified for medical

examinations, HB 390 .........._._..._..............................................._...............................28

Retirement System, Employees'; special benefits for certain Public

Safety Department employees, SB 70 ........_......._.......................No action in 1974

Retirement System, Employees'; Warm Springs Foundation

employees, credit, SB 473 .....................

75

Retirement System, Employees'; Warm Springs Foundation

employees, credit, HB 1369 ........................................457, 462, 759, 762, 933, 969

Retirement System, Joint Municipal Employees'; coverage for municipal

authorities employees, HB 1344 ........................592, 600, 1011, 1017, 1242, 1295

Retirement System, Public School Employees; eligibility provisions,

SB 98 ..,,..-,,. ... ---....... .....

No action in 1974

Retirement System, Public School Employees; notify members in advance

of retirement date, HB 1316 __..___.___.___.___.590, 600, 1011, 1017, 2067, 2216, 2475

Retirement System Study Committee; create, SR 159 ....................No action in 1974

Retirement System, Teachers'; additional service credit, certain

cases, SB 524 _______.___________.___._________._._..____._._.__..__..___.__..___.200, 1011, 1016, 1144, 1146

Retirement System, Teachers'; change creditable service for

eligibility, SB 535 ................................202, 759, 762, 842, 883, 1813, 1950, 2589

Retirement System, Teachers'; change local systems provisions,

HB 197 ...................................... No action in 1974

Retirement System, Teachers'; filing service retirement applications,

HB 1365 ................................__..._.._..._._._..._...677, 681, 1326, 1331, 1385, 1524, 1810

Retirement System, Teachers'; full benefits after 30 years' employment,

SB 447 -.--.-.-.--.--.........-......-.---... .49

Retirement System, Teachers'; General Assembly provide for increased

benefits, certain cases, HR 511 ______......_._..__.___.__._________._..._..__..___.____.__.__.._._.909, 916

Retirement System, Teachers'; include public school nurses, HB 168 ....1572, 1859,

2020

Retirement System, Teachers'; investment of assets, HB 392 ... .......... .........28

Retirement System, Teachers'; leaves of absence, creditable

service, HB 1334 ___.___._______._______.______________________.1364, 1371, 1822, 1823, 2216, 2398

INDEX

2669

Retirement System, Teachers'; military service credit,

HB 1437 ----------.-------....--------------676, 682, 1572, 1573, 2067, 2216, 2474

Retirement System, Teachers'; minimum allowance apply to local

systems, SB 530 ------------------------.-201, 1011, 1016, 1144, 1149, 2046, 2589

Retirement System, Teachers'; minimum benefits, certain members,

SB 65 ............. ........ .... -... .... No action in 1974

Retirement System, Teachers'; prior service credit, SB 446 .._.._..___..----.48, 606, 611,

842, 843

Retirement System, Teachers'; prior service credit, certain cases, SB 515 .......-198

Retirement System, Teachers'; reduce creditable service

provisions, HB 196 ...._......._..............._.........--.........._...._......_..._......._..................... 27

Retirement System, Teachers'; reduce number of years for disability

retirement, SB 41 ............. ....... ........ ____________.._...___. No action in 1974

Retirement System, Teachers'; service under Cooperative Educational

Service agencies, SB 121 _..........._._.........._.........._._..._.-_......._._.._...No action in 1974

Retirement Systems, Local; provide for certain requirements and

reports, SB 520 ....................................................199, 759, 761, 932, 941, 1809, 2589

Retirement Systems; pool trust funds for investment, HB 166 ----404, 447, 455,

665, 968, 997

Revenue Anticipation Bonds, Cities and Counties; General Assembly set

purposes for which issued, HR 230 ............... 1478, 1571, 1786, 1793, 2067, 2217,

2540, 2587

Revenue Commissioner; dissolved corporation, clarify persons liable

for taxes due, HB 1181 ................__............_..._............._..............._._.....................30

Revenue Department; write off uncollected checks for motor

fuel tax, SR 194 ........__.._........._.............__......._.........._.........____.._...._.._..._...275, 305, 350

Revenue Department; write off uncollected checks for motor vehicle

license fees, SR 193

.

.

. .... 275, 305, 348

Revenue, Public; counties and cities refund erroneous or illegally collected

taxes, HB 1372 --------------...--..355, 361, 684, 688, 768, 933, 962, 1308

Richmond County; appropriation for advertising and

promotion, HR 513 ............_..........._._......._........._........._.908, 916, 1788, 1805, 1871

Richmond County-Augusta Charter Commission; create, HB 1668 ........... 905, 912,

1787, 1801, 1840

Richmond County-Augusta; consolidate governmental functions,

HB 2066 ...............-.----........--......------.---..-----..--1737, 1782

Richmond County Board of Commissioners; additional member,

HB 2062 --------------------.---------------------- 1963, 1967, 2126, 2161, 2490, 2585

Richmond County Board of Comimssioners; publish certain tax

information, HB 2063 ............................._......._..._.......1737, 1782, 2128, 2156, 2496

Richmond County Board of Tax Assessors; powers,

HB 2016 .................................. ___._._......._.___..__.____._..______..1301, 1313, 2128, 2155, 2187

Richmond County; burial expense for paupers, HB 1948 ..............1191, 1205, 1787,

1802, 1843

Richmond County Chief Investigator; create position,

HB 1772 ................__.._..........._......._....._......._......._._....._..__.1299, 1311, 1787, 1801, 1840

Richmond County Commissioners; hire clerk and attorney; regulate access points and utility excavations, HB 1666 ....... 905, 912, 2128, 2153, 2212, 2587

Richmond County; conveyance of State-owned property, SR 329 ......___-..___..._.-....._____-.._._____....______.....460, 758, 763, 843, 868, 2048, 2589

Richmond County; cruel treatment of animals unlawful, HB 1911 ------..---.---.....--------------------994, 1003, 1787, 1802, 1842

Richmond County Grand Jury; audit of county offices, HB 1960 _..._..................._..._.......__..........__......._............_.1192, 1206, 1787, 1802, 1843

Richmond County Homestead Exemption; 62 year olds, HB 1059 --.----.210, 285

2670

INDEX

Richmond County; intangible taxes by installment, HB 1585 _--.---.----------.-----------------905, 911, 1787, 1800, 1839
Richmond County; lease of property to Augusta Association for Retarded Children, SR 406 --------------1571, 1590, 1592, 1859, 1937, 2582, 2591
Richmond County Merit System Council; duties & functions,

HB 1669 ----..------.------------------------905, 912, 2128, 2153, 2185

Richmond County Ordinaries; compensation, HB 1908 ---- 994, 1003, 2128, 2154,

2213, 2586 Richmond County Permanent Tenure Act; exempt certified
officers, HB 1667 --------.------------------------905, 912, 1787, 1801, 1840

Richmond County; purchase of supplies & materials, HB 1517 __. -----.-.------------------------------1299, 1311, 1787, 1800, 1839

Richmond County School System; continued existence, HB 1879 -------..---------------------------- 1113, 1121, 1787, 1801, 1856, 2180

Richmond County Sheriff; employees' compensation,

HB 1984 ------..--------------------------1194, 1209, 2126, 2160, 2487, 2585

Richmond County; State Patrol police highways, HR 613 _.......594, 602, 921, 926,

1614, 1745

Richmond County Superior Court Clerks; compensation,

HB 1910 ...-------.--------------------------1114, 1121, 1787, 1802, 1842

Richmond County Tax Commissioners; compensation,

HB 1912 ------.------------.------------------1114, 1121, 1787, 1802, 1842

Richmond County; tax exemption for capital improvement, certain

businesses, HR 632 ----------------------------995, 1005, 2127, 2160, 2388, 2585

Richmond County Treasurer's Office; compensation,

HB 1909 -..------------------------------ 1114, 1121, 1787, 1802, 1841

Richmond County; voting requirements on consolidation, SR 110 ------.227, 2589

Richmond State Court; appointment of associate judge,

HB 2015 --------------------------------1301, 1313, 1788, 1803, 1856, 2180

Ringgold; corporate limits & compensation of officers,

HB 1870 -.---------------------------------------1196, 1202, 1563, 1567, 1607

Risner, Col. Robinson; commend, SR 360----------.------------.. .... -- .......--.._......842

River Protection Act, Metropolitan; amend relating to hearing

provisions, HB 1914 ._...-_-------__.__----_-----------._-__.----------------.1356, 1359

Riverdale, City of; homestead exemption, HR 655----995, 1006, 1215, 1223, 1548

Riverdale Mayor and Council; election, HB 2047 .---.-.1362, 1369, 1788, 1804, 1847

Road Atlanta Highway; designate, SR 325 ------------------------------------.-424

Rochelle; dispose of certain property, HB 1385 --------- -- 196, 204, 276, 306, 334

Rockdale County; payment of taxes in two equal installments,

HB 1771 ----------,,----------------------------------821, 828, 1007, 1015, 1140

Rockdale County Rezoning Application; time limit,

HB 1'818 -..-----------------------------------.---822, 829, 1007, 1016, 1142

Rockdale County Sheriff's Deputies; compensation,

HB 1738 -----------------------------------

734, 749, 918, 927, 1020

Rockmart; change corporate limits, HB 1991 ------1300, 1311, 1587, 1603, 1838

Rogers, Dr. Bob; commend, SR 318 ------..------------------------..------..-391

Rossville; new charter, HB 1766 ---------------------905, 912, 1216, 1222, 1344

Rossville Volunteer Fire Department; commend, HR 615 __........ ------------594, 615 Roswell; change corporate limits, HB 1605----------1735, 1779, 2128, 2153, 2183

Rowan, Senator Robert; statement -.----------------.------------------------2512

Royal Lodge, City of; create charter, HB 1152 ------------------No action in 1974

Rules, Senate; amend, SR 257

......

------------------

.... .53

Rural and Urban Development Study Committee; create,

SR 157 -...---- ------------------

No action in 1974

Rush, Mrs. Una Mae; regrets at passing, SR 251 --------..------------ -- 21

Rushing, Delmas; commending and congratulating, SR 276 --------------------173

INDEX

2671

s

SB 2008 and HR 8771 in U.S. Congress; urging defeat,

SR 392 .._.__..._..__.._._..._.__...........__.-..._.___.___..........__._._.___._._._..._.____..___.1310, 2096, 2172

Safety Fire Commissioner; change fire hazard provisions on

buildings, SB 15. .....

......

....................No action in 1974

Saffold, Mrs. Mildred; commend, SR 424 ..........................__..._....._............2549

Saint Marys; closing certain streets, HB 1840 ... ---.-906, 913, 1787, 1801, 1841

Sale, Lease; rebate or discount by seller to consumer for names of

prospective buyers illegal, HB 1665 .....................................................1575, 1583

Sales by Administrators; procedures, SB 151 ............. .................... 2049, 2094, 2588

Sales of Property, Public; provide for alternate days for holding,

certain cases, SB 565 ....... .................._._..._...__..................... 270, 387, 437, 479, 499

Sales Tax; change rate levied for MARTA, SB 686 ....__........._....._.._....... 911, 1615

Sales Tax, Dealers Failing to Make Return; specific

penalty, HB 1108 ...... ..................... . ... 296, 300, 602, 613, 703, 731, 767, 843,

899, 1200

Sales Tax, Delinquent Dealers; furnish bond,

HB 1104 ............................................................... 265, 272, 1007, 1012, 1241, 1384,

1613, 1748, 2179

Sales Tax; exempt material sold to county for repair or

construction of public roadways, SB 666 ..................744, 1010, 1017, 1145, 1159

Sales Tax; exempt property used in restoration of historical

sites, SB 501 .................................._......................._...._.._..._._....._.. 148, 275, 304, 369

Sales Tax; exempt State or national flag sales, SB 434 ..................................... 46

Sales Tax; exempt transportation charges to certain private

schools and admission fees to athletic events,

HB 1464 ... ............... .......................... 675, 682, 1786, 1795, 1859, 1861, 2178, 2257

Sales Tax; increase interest rate on delinquent

taxes, HB 1109

....

824, 829, 2051, 2053

Sales Tax; intentional conversion of funds punished as

felony, HB 1628 ........_....._....._....._._......................._...__.._.......1116, 1124, 2051, 2053

Sales Tax, Local; cities and counties levy, HB 1012 .........1259, 1297, 1786, 1795,

1859, 2066, 2076, 2079, 2165, 2587

Sales Tax Study Committee; create, SR 118 ......................._......... No action in 1974

Sampley, Jimmy; commend, HR 618 ....................................._._....._..........._______.594, 615

Sand Dunes Protection Act; enact, SB 423 _...._.._._....._.......... ........__...._........._._.687, 690

Sanford Stadium; rename as Sanford-Butts Stadium, SB 417 ........ ...............I960

Sanitarian License Applicant; examination prior to experience

requirement, HB 1356 ... .............. ......_......_.............._..........._._ 265, 273, 1128, 1137

Sasser; new charter, HB 1793 .......................... . ........_..._..__..821, 828, 1007, 1016, 1141

Savannah Beach, Tybee Island; change corporate limits,

HB 1648 ..........I............ .. ............................................ 418, 425, 603, 608, 694

Savannah Board of Education; filling vacancies, HB 1477 .......................................... .................... 293, 299, 429, 469, 545, 629, 644

Savannah-Chatham County; retirement benefits, education board, HR 493 ...................... ....._.............._......._......._................_..__. 266, 274, 386, 435, 515

Savannah, Downtown Authority; create, HR 677.... .... 1306, 1320, 1588, 1599, 1910

Savannah; extend corporate limits, HB 1883 ..... ...1196, 1202, 1563, 1567, 1607

Savannah State College; commend, SR 315 ..... . .......... ........................................391

Scenic Trails Act, Georgia; provide for bicycle lanes on public highways, SB 484 _..._...._..._..._............_.._..........__..89, 540, 542, 616, 619

Scholarship Commission, State; include veterinary medicine for grants, SB 574 ......................._......._..._......298, 388, 438, 479, 556, 567, 2046, 2589

2672

INDEX

Scholarship Program, Establish; Georgia Higher Education

Assistance Authority Act, HB 1584 ___....._._.........738, 747, 1130, 1132, 1613, 1744

Scholarships; provided for veterans and certain armed forces

members, SB 172

-- .,,.,,---------------------------.No action in 1974

School Bus Drivers; minimum salary, HB 1687 ._...._......._.._..1116, 1124, 1324, 1330,

1385, 1465

School Classrooms; permit reading of Ten Commandments,

SB 586 ....... .--------------.....---- .357, 464, 468, 617, 657

School Consolidation, Public; prohibit if travel and school time

per pupil exceeds certain limit, SB 499 ------------------147, 330, 365, 616, 644

School Districts; change provisions for composition and

referenda for consolidation, SR 6 ...------------------------------.25

School Employees, Public; prior service credits for retirement,

certain cases, SB 485 --------------------------.------105, 606, 611, 703, 2175, 2590

School Employees' Retirement System; eligibility provisions,

SB 98 ..............................................................................................No action in 1974

School Employees' Retirement System, Public; notify members

in advance of retirement date, HB 1316 ------------..590, 600, 1011, 1017, 2067,

2216, 2475

School Funds; authorize use of for certain extracurricular

activities, SB 579 ----------.----------.325, 431, 468, 556, 571, 2182, 2370, 2589

School Patrols, Street Crossing Guards; wear reflective

clothing, HR 578 .....................--..--..__------------------ ....421, 439

School Superintendents, County and Independent; bonds,

HB 1595 .------.------------------------------------677, 683, 920, 926, 1613, 1625

School Tax; State reimburse local system for reduction in

property tax, SB 149 .......----._----------_

..... ...,,.----.___ 68

School Year and Month; redefining, HB 1594 ------------..677, 683, 920, 925, 1027,

1145, 1242, 1279

Schools Designated Isolated; fund and personnel allotment

under Minimum Foundation Program of Education,

HB 1571 --------------.--------.------1577, 1582, 1821, 2009, 2040, 2216, 2231

Schools, Private; exempt transportation charges and admission

fees to athletic events from sales tax, certain cases,

HB 1464 ------------------------------675, 682, 1786, 1795, 1859, 1861, 2178, 2257

Schools, Public; require teaching of special creation if theory

of evolution is offered, SB 276 ....----------_.__......._------------..No action in 1974

Schools; urge teaching of Divine Creation, SR 185 ----.--------.No action in 1974

Science and Technology Committee; function after

adjournment, SR 399 ._------------------_................------------------------ .. ..1368

Scientific Research Committee, Standing; function after

adjournment, SR 196 --------....----................--------No action in 1974

Screven County Board of Commissioners; pension

benefit plan, HB 1759 _____--.------------____----------1113, 1120, 1323, 1333, 1378

Screven County Ordinary; compensation,

HB 1760 --___.___.__.._._..._..______.__--------------_.--------------734, 750, 918, 927, 1021

Secretary of State; give notice before imposing penalty for

failure to file reports on foreign and domestic

corporations, HB 1328 .............------------..... 457, 462, 1009, 1014

Securities, Registration of; clarify certain provisions,

HB 1841 ------------------------------.1305, 1318, 1786, 1794, 2067, 2140, 2181

Securities Used for Deposits; change provisions for authority

to transact insurance, SB 684 ----.... r._.__--------....910, 1786, 1796, 1858, 1938

Security Deed, Secondary; relieve certain persons from Residential Property Regulation Act, HB 1333 -----676, 681, 917, 930, 1027, 1145, 1242, 1259, 1298, 1385, 1527

INDEX

2673

Security Instrument; provide for cancellation from record when loan is paid, HB 1251 .................... .-295, 301, 2130, 2152
Sedition and Subversive Activities Act; written questionnaire, HB 1291 _..._..._...._..__...._ 295, 301, 387, 439, 1241, 2067, 2142, 2180

Self-Insurance Program, State; authorized to contract for automatic sprinkler systems in properties,

HB 1351 ......------ .. ...-..-738, 746, 918, 930, 1027, 1145, 1242, 1274

Seminole County; conveyance of real property, SR 394 ..----------------.--------1310, 1590, 1592, 1859, 1934, 2397, 2407, 2591

Senate Bill 50, Atlanta Charter; clarify residency requirement intent, SR 204 __.________._______.____._____________-.___.___._._.___.No action in 1974

Senate, Committee of the Whole _...___.__...._._________._________.___.___.____.__.___.__.____.______..___._.2024

Senate Doorkeeper; William B. Bryan elected _______....._______.___.._--....._..........._......._--12 Senate; install electronic voting machine, SB 329 ______._______________..No action in 1974 Senate Interns; commend, SR 438 ........... ..................._........._._..._.._..2549 Senate Members; serve as Committee of one, SR 430 ...........__._.._...2168, 2394, 2549 Senate Procedures Study Committee; create, SR 237 ....................No action in 1974 Senate Resolution 2; amend, SR 298 ........................................................................292 Senate Resolution 2; amend, SR 435 ....................................................2168, 2394, 2549 Senate Resolution 2; amend relating to employees' salaries, SR 249 ....................22

Senate Rules; adopt, SR 247 _................._.................._......_._.._..._.._......._................ --12

Senate Rules; amend, SR 257 ............._.._._......_.._..._....._...............................................53 Senate Rules; amend relating to noon recess, SR 355 ._.._..._......._.......................... 827

Senate Rules; amend relating to reading of committee reports, SR 397 _................_..._............................................................ 1311, 1482, 1483

Senate Rules; amend relating to second reading, SR 309 __...._.............352, 363, 374

Senate Rules; amend relating to standing committees, SR 401 ............... 1571, 2550

Senate Secretary, House Clerk; provide for compensation and

expenses, SB 533 _.________..__..___.__.._..._..._..._..__.____..201, 384, 436, 478, 519, 2047, 2589

Senate Standing Committees ....................__......__..__...._.._......._.........._...........54, 55, 78, 79

Senate Standing Committees; provide for, SB 614 _._.__.............._...................459, 1130

Senate, State; reapportion districts 9, 10 and 13, SB 424 _____________________.276, 303, 342

Senatorial Districts; reapportion 9, 10, and 13, SB 481 ................................... 88, 430

Senatorial Districts; reapportion 15 and 16,

SB 477 ___.___._._.___.___.__.__._.___....._._._._.___._____..._______.____________75, 109, 150, 176, 1366, 2589

Senior Citizen Tax Relief Act; provide for credit against

income tax, certain cases, SB 723 ------------------------..----..-.-------1581

Sentence, Criminal Cases; change provisions, SB 24 ....... ............. No action in 1974

Sentence, Criminal Cases; judge determines concurrent or

consecutive service, SB 466 ..............--------.......

.....73

Sentence, Criminal Cases; judge fix, certain felony cases,

SB 283 ............................................................................................No action in 1974

Sentence, Criminal Cases; life imprisonment required on third felony conviction, SB 457 _._________.___________________._______.____..____.._._________________.___.___._._.___.50

Sentence, Criminal Trials; judge fix sentence, SB 2 ....................No action in 1974

Sentence; imprisonment mandatory after two life sentences, SB 58 _....._.._..__......................_................._......_......._.._.......................No action in 1974
Sentence, Maximum, Criminal Cases; defendant receive notice if based on previous conviction, SB 256 ._.._...._.........._............. No action in 1974
Serial Number; illegal to alter on firearms, SB 544 ............. 229, 387, 437, 479, 498 Sessum, Reverend Bob; commend, HR 614 _....._....._....__............._.......................594, 614 Settlement Agreements; prohibit releases or statements from
injured persons, SB 511 .______.-._.._-.-__..-..___.___.___....________________._______._....__._._____._...-- 168 Sewerage and Water Treatment Facilities; Environmental

Protection administer, provide loans, HB 249 ........................No action in 1974

Sexton, Mrs. Dave; compensate, HR 490 --------------741, 754, 1214, 1219, 1556

2674

INDEX

Sexual Organs and Devices, Artificial; prohibit sale or

distribution of certain items, SB 78 _________________________________________ ............._..._..._..._.22

Shapira, Stuart Kohler and Wayne William Oliver; commend,

SR 415 __________._......___________...________,,__..._-____....-___._....______._.....-____...._______...____..____ _____1936

Share-the-Work Program Study Committee; create, SR 367 ________________________ ___1000

Shellman; recall and special elections, HB 1933 _....._.___.1190, 1204, 1587, 1602, 1834

Sheriffs; evaluate applications for license to carry

pistols, HB 190 ............. ...._.._.... .No action in 1974

Sheriffs of Various Counties; contract with cities for

services, HB 1425 ........_............................._........._.938, 990, 1589, 1594, 2067, 2105

Sheriff's Retirement Fund; benefit options,

HB 1429 ... ________________________________________________________.______908, 915, 1326, 1331, 1385, 1462

Sheriffs' Retirement Fund; death benefits,

HB 1428 ...._............. ................................................W!, 915, 1572, 1573, 1613, 1741

Shield Law; newsmen's information sources deemed privileged, SB 60 ______ ........ 22

Shiloh; elections, HB 1322 ..... _____..______196, 204, 276, 306, 333

Shotgun; define under Firearms Act, SB 459 _._......._..._......_..51, 110, 150, 186, 2084,

2100, 2589

Shrimp, Crab; bond required for commercial taking,

SB 663 __ ._____________..________...._____....._...______.___743, 1010, 1012, 1145, 1157, 2048, 2589

Shrimp, Crabs, Commercial taking; change provisions,

SB 662 .......................................................rl^, 1010, 1012, 1144, 1156, 2048, 2589

Sickle Cell Anemia; tests for pre-school children, HB 893 ........... 29

Skene, Senator George; statement _______._.______..._________._______..__...________.______ _______..580, 1617

Smith, Dean Nat E. and Mercer University; commend, SR 402 ._________....__._._..__1629

Smith, George L. II; regrets at passing, HR 466 ...

77, 80

Smith, George L. II, World Congress Center Authority;

create, SB 681

.910, 1126, 1132, 1241, 1287, 2397, 2401, 2590

Smith, Honorable Stanley E., Jr.; regrets at passing, SR 274 _______ ..______.______.____174

Smith, Judge Lamar N.; regrets at passing, SR 425 ..____ ..____._ _________._____._ 2173

Smith, Senator Armstrong; statement ...... _.___........................._...1087, 2214

Smyrna; extend corporate limits, HB 1881 ____ ___ 1113, 1121, 1323, 1333, 1379, 1810

Snellville, City of; homestead exemption,

HR 664 ____ _______ ....._.._................_... ...._........_..... ...1198, 1212, 1588, 1598, 1894

Snellville; filling vacancies, HB 2093 ............._........_...... 1965, 1969, 2127, 2158, 2205

Social Security Coverage; extended to secretaries of

Superior Court Judges and District Attorneys,

SB 539

...

228, 388, 437, 478, 502

Soil Erosion and Sediment Control Program; provide for,

HB 1070 _______ _._______.___. _________.__________...___________.__________-._____...737, 745, 1217, 1226, 2066

Southwest High Varsity Football Team; commend, SR 364 .....................................945

Spalding County; governing authority authorized to enter

certain leases, HR 679 ............ _________________ .1306, 1320

Spalding County; homestead exemption, HR 672 _______________________ _______ ____1199, 1213

Spalding County; relieve sureties on certain bonds, HR 204______ ___ 2036, 2044, 2061

Spalding County State Court Judge and Solicitor; compensation, HB 1393 ________________________________..______.___._______.._.196, 204, 276, 306, 335

Speaker Pro Tern of House of Representatives; act as Speaker, HR 488 __....______..._____________..______..__________......_._____.__....______________..1364, 1373, 1789, 1798

Special Master; compensation in exercising power of eminent domain, HB 8 _.-........_.._..-._........-_ No action in 1974

Speech Pathology and Audiology, Board of Examiners for; create, HB 1342 ______..________..._._______________________907, 915, 1589, 1594, 2216, 2498, 2588

Speed Limit on Highways; 55 miles per hour maximum, SB 448 _______________________.___-______.....-_______-________-._49, 78, 91, 145, 593, 633, 1308, 1573

INDEX

2675

Speed Restrictions; prescribe for State,

HB 1331 --------------------_...------__----------....----__1115, 1123, 1324, 1329, 1773

Spewrell Bluff Dam Project; opposing construction, SR 338 ........... 597, 1325, 1329

Spewrell Bluff Dam Project; support and

endorse, HR 574 ...._....._................._._.................1180, 1214, 1565, 1566, 1860, 2067,

2089, 2165, 2511

Spewrell Bluff Dam; urging Governor to approve construction, SR 383 ...........1201

Sprinkler Systems; installations authorized on State properties

insured under self-insurance program, HB 1351

________ 738, 746, 918, 930,

1027, 1145, 1242, 1274

Standard Time; urge Congress to reinstate, HR 583 _____________________ 421, 428, 603, 610

State Agencies; printing of publications, approximate number

ordered and cost, HB 783 _........_.._....__............._............_............. _ ........81, 153, 156

State and Pulton County Pension and Retirement Systems

Study Committee; create, SR 154 ._..._..........__......_._.._..._.._...........No action in 1974

State Boxing Commission; create, HB 1241

264, 272, 430, 467, 557, 617, 664

State Constitution; provide, HR 542 __________________________________________ 1305, 1319

State, County, City; defer employee's salary with consent, SB 680 ............... _____ 909

State Courts; hear cases on tenants holding over, SB 208 _ ... ... No action in 1974

State Department Heads; authority for classification of certain

position, SB 273

....

.......No action in 1974

State Department of Local Government Affairs;

create, SR 337 ........................_._................_.._.._......_...._.._.. 537, 919, 923, 1027, 1033

State Employees Health Insurance Fund; provide for investments, SB 513 _____________________________________ 198, 275, 304, 341, 1812, 2588

State Employees of Executive Branch; may be employed by Legislative Branch, SB 221 _________________________ ________________ No action in 1974

State Employees; offered auto and homeowners insurance, SB 200 ........_..._...... ________........_..............._..........._...... No action in 1974
State Employees; Planning and Budget Office establish uniform regulations for travel expenses, SB 272 ------------ No action in 1974
State Employees; repeal Act allowing city government service under 1,000 population, HB 1833 .................. 1577, 1585, 1820. 1822, 2067, 2070
State Examining Board; citizenship not required of license applicants, SB 527 ........_....._.._..................................__.............._.. .. 200, 1565
State Examining Boards; extra credit on exams to veterans' widows, SB 556 ..............................._......._..._.......-.._......-......._.......268, 363, 389, 447

State Institutions under Human Resources Department Jurisdiction; provide for cost of care of patients, SB 601 ........ ....... 382, 604, 611, 933, 952

State Insurance and Hazard Reserve Fund; authorized to

install fire protection systems, HB 1351

. . ... 738, 746, 918, 930, 1027,

1145, 1242, 1274

State Officials; compensation, SB 109 - ...... - ..... .................... No action in 1974

State Officials; compensation, SB 110 ....................... .. ........ .....No action in 1974

State Officials.; compensation, SB 118 ........................................ .No action in 1974

State Officials; compensation, General Assembly members,

officials, SB 112 _______ _.........._......._..........._......._......._....._........ ....No action in 1974

State Officials; compensation increase prohibited during

term, SR 216

...

.. . ...... ......No action in 1974

State Officials; compensation, judges and district

attorneys, SB 111

..........

No action in 1974

State Officials, Elected; compensation increase prohibited

during term, SR 79 ..................

...

.......109, 150, 180

State Officials, Elected; compensation increase prohibited

during term, SR 115 _._..._..._.._..__.._...._.._..._._.__..._........ _..._.......... No action in 1974

State Officials; establish ethical standards, SB 418 ... ........................_.................,_684

2676

INDEX

State Officials; legislation affecting salaries must be introduced within first 10 days of session, fiscal note required, SB 359 _______....._._________._,,._______.__..________._...______.________.__.....No action in 1974
State Officials; mandatory retirement at age 70, SR 40 ......_................._._...............25 State Officials; study of compensation and allowances,
SR 231 ___....... ................. .............................. ............... ........... No action in 1974

State Officials; unlawful to accept gift or favor for appearances

before State agencies or boards, SB 166 ................................................2582, 2590

State Officials; U.S. citizenship required for all positions,

SB 615 ._......_.........._._... .......... .......... ....459, 684, 690, 768, 843, 894, 1811, 2589

State Park, Natural Resources Department control as;

Lake Tobesofkee, SR 321 __.._._......._..........__..._.__..........._..........._.._........_.._.............423

State Personnel Board; establish auto and homeowners insurance

for State employees, SB 200 ....___.............._.._._....._...._..........__...._.No action in 1974

State Tort Claims Act, Study; Judiciary Committee, SR 288 .............. -............... -270

Statewide Transportation Plans; Transportation Department

develop, HB 350 ........_................_.._.......__.._._.........__..__........_.__..........._..............27, 110

Stephens County; commissioners and referendum elections,

HB 1872 _............__.........._....._._..........._. ...............992, 1001, 1216, 1222, 1353, 1576

Stephens County High School Baseball Team; commend, SR 409 ......................1785

Stephens County Sheriff's Deputies; compensation,

HB 1920 ....... ..................-___._____...___._.__...................-1114, 1122, 1323, 1333, 1378

Stewart County Clerk of the Commissioner; compensation,

HB 1674 ..... ......................_...........__.._._.........._......__.._...._........_.456, 461, 603, 609, 697

Stockbridge; change corporate limits,

HB 2031 _...___.___._._..__.___.______-__._____._-...-_._.__-...___......-1302, 1315, 2128, 2155, 2188

Stone Mountain Judicial Circuit; additional judgeship,

SB 416 ........._............_.............._._............._........_.._._.........._..........._......No action in 1974

Stone Mountain Judicial Circuit Superior Court Judge;

compensation, HB 583 .........

.275, 305, 332

Stone Mountain Memorial Association; power of eminent

domain over certain property, SB 233 ........_...._..... ................No action in 1974

"Stop Drugs at the Source" program; urge citizens to

support, SR 347

................. 614

Streams, Source of Drinking Water; amend Act protecting

relating to hearing provisions, HB 1914 ............................._..................1356, 1359

Student Loan Program, Natural Direct (Defense);

relative to, HR 363 .... ....................._._._........_..............._........_.._..388, 438, 479, 520

Students Attending Non-University System Schools; change grant

amounts, include graduate students, SB 564 __.____._._____.... 270, 1130, 1131, 1241,

1242, 2175, 2590

Students Attending Non-University System Schools; change

grant provisions, SB 335 .... ..........................................................No action in 1974

Students; grants to children of deceased or disabled

servicemen, SR 93 ...._...... _-_._______.----..____,,__-_.._.____.--.___.__--.......No action in 1974

Students; identify those behind national average, provide special education supplements, SB 711 _......._..,.-.............._...................._.. .......1308

Students; military dependents entitled to in-State tuition at university system schools, HB 1390 _____._.________._..___.1395, 1570, 2164, 2170, 2171

Student's Statement on Drug Abuse; confidential, HB 983 .. No action in 1974

Students, Teachers; wear eye protective devices for certain courses, HB 172 _....._.___.__...._____.____.__..__.___.___..__.._...__.___.._.._.__________26, 90, 155

Subversive Activities Act, Sedition and; written questionnaire, HB 1291 ....................................................295, 301, 387, 439, 1241, 2067, 2142, 2180

Sugar Hill, City of; homestead exemption, HR 661 ....1198, 1212, 1588, 1597, 1888

INDEX

2677

Suits Pending in Court; change dismissal time from five

years to three, SB 45 ___.....__.____.........--.--....___.___......................... No action in 1974

Suits Pending in Court; change time for dismissal, SB 46 -------No action in 1974

Suits; State officers waive immunity, SB 290 ........_...._.._...............No action in 1974

Summers, Senator E. G.; statement ................_...........841, 932, 1026, 1144, 1241, 1617

Sumter County State Court Judge; permit practice of law,

HB 1966 ............... ............................._................ ....1192, 1207, 1563, 1568, 1609

Sumter County Superior and City Court; clerk's

employees' compensation, HB 1787 . . ......... .... .736, 752, 919, 928, 1023

Sunday Closing Law; set apart one day of week for rest,

HB 974 ............................ .......737, 745, 1322, 1330, 1384, 1613, 1756, 1814,

1986, 2026, 2028, 2408, 2586

Sunny Side; governing body, HB 1680 ........................................... ................456, 461

Sunshine Law; exempt education boards from open meetings

Act, HB 200

No action in 1974

Superior Court Clerks; define duties relating to boards

of jury commissioners, SB 467 ............................._......_.......73, 387, 436, 478, 480

Superior Court Clerks; Retirement; armed forces service

credit, HB 323 ...........................................996, 1004, 1326, 1331, 1384, 1455, 1810

Superior Court Clerks' Retirement Fund; benefits,

HB 1315 ................................................................419, 427, 1326, 1331, 1385, 1460

Superior Court Employees; merit system, eligible for State

Retirement System, HB 138 ..............................................26, 384, 479, 527, 1011

Superior Court Judges, District Attorneys; compensation

and allowances, SB 51 ---- .

No action in 1974

Superior Court Judges, District Attorneys; limit compensation,

HB 32 ................................. .............................................................No action in 1974

Superior Court Judges, District Attorneys; secretaries'

compensation, HB 1638 ................................. ......... 1286, 1297, 2095, 2151

Superior Court Judges, District Attorneys; secretaries'

compensation, HB 1850 ...... ............... .........................1364, 1372, 2034, 2038

Superior Court Judges Emeritus; eligibility requirements,

SB 69 ................................. ....... ........................ .....................No action in 1974

Superior Court Judges Emeritus; serve as State court judge,

certain cases, SB 453 ......................................... ...... ...... . . .......50, 234, 278, 312

Superior Court Judges' Retirement Fund; change provisions on

death before retirement, SB 536 ......................................... .............. -202

Superior Court Reporter Emeritus; change eligibility,

SB 137 ..................................................._............................. ...... No action in 1974

Supervisor of Purchases; appointment and compensation,

HB 336 ................................................................... 67, 1214, 1384, 1613, 1747, 2050

Support Cases; district attorney represent dependent child

and mother, certain cases, HB 580 ... ........ .. ............................... 28, 758, 2066

Supreme Court and Court of Appeals; jurisdiction and election

of judges, SR 12 .. ......................................... .. ......

.No action in 1974

Surveyor, County or Municipal; qualifications, HB 841 .......... ...

105, 108

Sutlive, Honorable W. Kirk, Sr.; commend, SR 259

... ...................... .. .. 80

Sutton, Senator Franklin; statement . .. ............................ ... ... 1087, 2014

Talbot County Sheriff's Office; expenses, HB 1964 1192, 1207, 1587, 1603, 1837

Taliaferro County Small Claims Court; create, HB 714

. No action in 1974

2678

INDEX

Tangible Property Tax; pay in installments,

HB 409 __...........__..._._.... . ......_....._................._...824, 829, 1786, 1784, 2066, 2109

Tape Recordings; prohibit reproduction or distribution

without owner's consent, SB 433 ......................... .............. __ 46, 276, 303, 399

Tape Recordings; prohibit reproduction or distribution without

owner's consent, SB 452 ........__.._._.___._.... ..........................__..... . _____ __ 49

Tape Recordings; prohibit unauthorized reproduction,

sale or distribution, HB 1736 _ . _.__ _________

________

908,916

Tattnall County State Court Judge; compensation,

HB 1649 _____ ________________ ____________ _____ _

__ __ 418, 426, 603, 608, 695

Tattnall County State Court Solicitor; compensation,

HB 1650 ______________________________________________ _____ ______ 419,426,603,608,695

Tax, Ad Valorem; exclude retirement or disability

benefits as income, HR 439........---................... _ 678, 683, 833, 834, 933, 985

Tax, Ad Valorem; exempt agricultural products, certain

cases, HR 540 _...................._... ........ ................739, 753, 1006, 1015, 1242, 1281

Tax, Ad Valorem; exempt certain property in transit, SR 124 ___________.________________25

Tax, Ad Valorem; exempt historical property, SR 293 ______ 270, 362, 389, 479, 617,

662, 674, 843, 879

Tax, Ad Valorem for Schools; homestead exemption 62 year olds,

certain income, HB 214 ______________________ 676, 680, 917, 930, 1027, 1145, 1241, 1261,

1439, 1454, 1575, 1622, 2503, 2586

Tax, Ad Valorem for Schools; increase homestead exemption,

SR 5

............

No action in 1974

Tax, Ad Valorem; homestead exemption, SR 313 _._..........._........._......._....._............_382

Tax, Ad Valorem; homestead exemption for disabled persons,

SR 22 ............................................._...._._..._._......_..........__...._.__.._..._...No action in 1974

Tax, Ad Valorem; homestead exemption on school taxes, 62 years,

income under $6,000, SB 593 .. ............_..........._......._...358, 602, 613, 768, 843, 872

Tax, Ad Valorem; increase homestead exemption, SR 23 ............No action in 1974

Tax, Ad Valorem, Inventories; allow separate classification,

SR 55 .................................

...... No action in 1974

Tax, Ad Valorem; mobile homes treated as separate class,

SR 100 . . ... ______ _________._______________...__________________..__.__.___....____________No action in 1974

Tax, Ad Valorem; property used for food or cotton production

separate class, SB 491 _........_.........._....._.._.._.......................107, 917, 929, 1026, 1028

Tax, Ad Valorem; returns for industrial property, SR 335

_......537

Tax and Licensing, Malt Beverage Production; exempt certain quantity

made for home use, HB 931 ....... ..................................................No action in 1974

Tax Assessments; farm and forest lands, provision for different methods,

SR 72

..... .No action in 1974

Tax Assessor Boards, County; alternate member serve, HB 1532 ___.___.___._._.908, 915

Tax Assessor Boards, County; change membership provisions and powers

and duties, HB 1755 ..............._._______-_-___-__-______1577, 1584, 2051, 2054, 2216, 2394

Tax Assessors Board; notice of assessment changes contain additional information, SB 588 ............._.._......._....._..........._................._..._......._...__..357, 602, 612

Tax Assessors, Counties; property appraisal every five years, SB 348 ................ ..No action in 1974

Tax Assessors, Municipal; use county tax assessments for taxation purposes, HB 1495 ...._......_____________________....___ 823, 831, 1786, 1794, 2067, 2216, 2553

Tax Collection, Dissolved Corporation; clarify persons liable for

payment, HB 1181 .........

30

Tax Digest, County; millage rate adjustment by Education Board, HB 1596 ........._......_..._..................._....... ............1577, 1583, 1821, 2010, 2040

Tax Equalization Board; repeal Act creating, SB 362 _..___._..._____..._No action in 1974

INDEX

2679

Tax Equalization Boards; clarify members' qualification

requirements, SB 578 ___._......._._..__.___.___.________.._.___.___.___._______._...._... ..... 325, 917, 929

Tax, Hotel, Motel; cities and counties levy; proceeds to build

convention center, HB 806 ..._.................................. 1786, 1793, 2066, 2216, 2232

Tax, Income; exempt armed forces retirement benefits, SB 106 ----362, 388, 441

Tax, Income; exempt pay received while a POW or MI A in

Vietnam, SR 147 ............_..._................................................ __ No action in 1974

Tax, Income; intentional conversion of funds punished as

felony, HB 1627 .....__.................._......_..................................... .1116, 1124, 2051, 2053

Tax, Income; provide for credit, senior citizens, certain cases, SB 723 -----------1581

Tax, Intangible; no return required under $5., SB 288 .... No action in 1974

Tax, Local Income; cities and counties levy,

HB 1011 ........................... ....1580, 1778, 1819, 1823, 2066, 2216, 2395, 2409, 2587

Tax, Local Sales and Use; cities and counties levy,

HB 1012 -----------1259, 1297, 1786, 1795, 1859, 2066, 2076, 2079, 2165, 2587

Tax, Malt Beverage; cities and counties impose,

HB 1415 ............... ... .1578, 1582, 1741, 1819, 1824, 2067, 2073, 2164, 2368, 2373

Tax, Motor Fuel; exempt sales to school systems, SB 619 ....460, 755, 761, 933, 1241

Tax on Alcoholic Beverage Sales by Drink; counties and cities levy,

HB 750 ........................._.........._......._...............................1786, 1793, 2066, 2216, 2250

Tax on Industrial Property; owners file returns directly to Revenue

Commissioner, SB 628 ........_......._........... .........................................................536

Tax on Malt Beverage Sales; provide for local levy, SB 212 ....... No action in 1974

Tax, Property in Transit; cities and counties authorized to make

exemptions, SR 123 ._.........................................._._................. ................................25

Tax, Real Estate License; cities and counties collect,

HB 1765 .-.-..---..-1578, 1584, 1820, 1824, 2216, 2532, 2550, 2552, 2566, 2573

Tax Refunds; provisions for refund by cities and counties for illegally or

erroneously collected returns, HB 1372 .................. 355, 361, 684, 688, 768, 933,

962, 1308

Tax Returns, Income; prohibit banks from engaging in business of

preparing, SB 622 ....................................................... ..........

.... ------535

Tax, Sales; see Sales Tax

Tax, School; State reimburse local system for reduction in property tax, SB 149 - ........................................................................................................ 68

Tax, Tangible Property; pay in installments, HB 409 . . . 824, 829, 178i! , 1794, 2066,2109
Taxation of Corporations; provide for clarification of nondeductibility, HB 1098 ................... .............................................. 322, 328, 684, 688

Taxation of Net Income; terms same as U. S. Internal Revenue, HB 1476 .............................. . ................ 823, 831, 1786, 1795, 2067, 2216, 2499

Taxes; real property separate classification, SR 323 .... .. 424, 917, 930, 1241,

1384,1392

Taxes to Counties; provide for delinquent penalties on unpaid

taxes, SB 596 ............................................................ 359, 684, 688, 932, 959, 1170

Teacher Evaluation and Tenure Act; enact, HB 368 ...... 27, 431, 479, 557, 617,

635, 1156, 1162

Teachers; allow additional accumulative sick leave, SB 451 49, 386, 435, 556,

563, 2230, 2369, 2590

Teachers; certification requirements, HB 1815 ....... 1196, 1211, 1564, 1567, 2067,

2216, 2517, 2586

Teachers, Retired; increase benefits, SR 283 ......

203, 606, 612, 703, 717,

2047, 2589

Teachers' Retirement System; additional service credit, certain

cases, SB 524 ...............

................... -200,1011,1016,1144,1146

2680

INDEX

Teachers' Retirement System; change creditable service for

eligibility, SB 535 .._____..._____________...__ 202, 759, 762, 842, 883, 1813, 1950, 2589

Teachers' Retirement System; change local systems

provisions, HB 197 ______

_.__.....______ No action in 1974

Teachers' Retirement System; filing service retirement applications,

HB 1365 .. ... _______________________ ________._____.....__677, 681, 1326, 1331, 1385, 1524, 1810

Teachers' Retirement System; full benefits after 30 years' employment,

SB 447 ...... _________________ _________________ ..............

49

Teachers' Retirement System; General Assembly provide for increased

benefits, certain cases, HR 511 ______ .................._......................._.._............._.909, 916

Teachers' Retirement System; include public school nurses, HB 168 ______ .1572, 1859,

2020

Teachers' Retirement System; investment of assets, HB 392 ....................................28

Teachers' Retirement System; leaves of absence, creditable

service, HB 1334 _ ............... __________________________ 1364, 1371, 1822, 1823, 2216, 2398

Teachers' Retirement System; military service credit,

HB 1437 ______________________ ________________ _-._.-____676, 682, 1572, 1573, 2067, 2216, 2474

Teachers' Retirement System; minimum allowance apply to local

systems, SB 530 ________________ _____________________ .201, 1011, 1016, 1144, 1149, 2046, 2589

Teachers' Retirement System; minimum benefits, certain

members, SB 65

._.._...-..._.__._ ...........No action in 1974

Teachers' Retirement System; prior service credit, SB 446 ....48, 606, 611, 842, 843

Teachers' Retirement System; prior service credit, certain cases, SB 515 ........198

Teachers' Retirement System; reduce creditable service provisions, HB 196 ____27

Teachers' Retirement System; reduce number of years for disability

retirement, SB 41 ......................._...._........_.._.._......._..._........_.._.......No action in 1974

Teachers' Retirement System; service under Cooperative Educational

Service agencies, SB 121 ........... ____________________________._._._______________No action in 1974

Teachers; State Personnel Board provide health insurance plan, SB 717 ... ____1309

Teachers, Students; wear eye protective devices for certain

courses, HB 172 ... ... .._.._...__......._.._....

.26, 90, 155

Technician, Laboratory; qualifications, blood test for alcohol

content, HB 1537 ......._..........._..........._....... ........1578, 1582, 2052, 2053, 2216, 2510

Technology & Science Committee; function after adjournment, SR 399 ________1368

Telephone Center Ladies; appreciation to, SR 441 ______________ ___________________________ _ _ 2419

Telephone Directories; Public Service Commission regulate

advertising rates, SB 198_________ _______ ________________________________________No action in 1974

Telfair County; change eligibility requirements, certain officers,

HR 75 .................................................................................................No action in 1974

Telfair County School Tax; removal of 20 mill limitation,

SR 336 _ _ ...................... __--._________..-_________.____537, 756, 765, 1097, 2084, 2103, 2590

Temple; incorporate, HB 1828 ___________________________________ .______._.._905, 912, 1127, 1134, 1235

Ten Commandments; permit reading in school classrooms, SB 586 .._______._.357, 464,

468, 617, 657

Tenants Holding Over; cases can be tried in State courts,

SB 208 _----..._..._-_---_--...-_--_-.._.___.-.._..___.___.....__..___..__.___.___.. __.__No action in 1974

Tenure Act, Teacher Evaluation and; enact,

HB 368 __________________________________________ ....... 27, 431, 479, 557, 617, 635, 1156, 1162

Terrell County Board of Commissioners; location, HB 1791 __________ 821, 828, 1007, 1015. 1140
Terrell County Superior Court Clerk; compensation, HB 1792 _______ 821, 828, 1007, 1016. 1140
Terroristic Act; define relating to passenger conveyances, HB 1359 _________________ _________________________________________ 265, 274, 363, 390, 452, 534
Testimony, Court Cases; preserved by recording, authorized cases, HB 425 _______________ ____________ ................................................No action in 1974

INDEX

2681

Theft by Taking; interchange of labels or price tags on

merchandise, SB 85

.

.

2176, 2590

Theft; change certain punishment provisions, SB 401 ----------No action in 1974

Theft, Livestock; crime, HE 1263 ......_............ 737, 746, 1011, 1014, 1241, 1385, 1450

Theft of Services; change penalty provisions, SB 84 _...............23, 1565, 1858, 1952

Thomas County Board of Commissioners; create new Board,

SB 696 ................................._......_.............. .................. ...........999, 1215, 1220, 1346

Thomas County Small Claims Court; change cost provisions,

SB 542 .......... ------ ........................ ........... 229, 385, 432, 472, 1366, 2589

Thomas County Tax Receiver & Collector; consolidate offices,

SB 695 ........ . .... . .

.

...999, 1215, 1220, 1345

Thomaston Mayor and Council; election, HB 2035 .......1303, 1315, 1588, 1596, 1827

Thompson, Senator Joe; statement, ................_..._.................................................1617

Three Factor Ratio; clarifies for corporate income tax,

HB 1100 ... .................._................ .............................265, 272, 602, 613, 703, 728

Thunderbolt; new charter, HB 1371 .......................................226, 231, 385, 433, 474

Tickets, College Athletic Contest; sale provisions,

HB 1299 ....... ......... ............................. ....907, 915, 1130, 1131, 1241, 1268

Tifton, City of; homestead exemption, HR 460 ....... ......533, 539, 1564, 1569, 1869

Timber, Capital Gains Treatment; urge Congress to preserve

status, SR 153 . . ..................................................................... No action in 1974

Timber; urge Congress to preserve capital gain treatment,

HR 232 ..................... .......... ---- .-------------------.----No action in 1974

Tobacco, Flue-cured; licensing and marketing, HB 1321 ........ 169, 170, 429, 467,

557, 617, 668, 2179

Tobacco Production; plan to increase, SR 267 ........

... ....148, 329, 366, 411

Tobesofkee, Lake; Natural Resources Department investigate

feasibility of control, HR 683 . ..

... 2026, 2031, 2170, 2173

Toll Road Study Committee; create, SR 182 ... .....

.. No action in 1974

Tollway, West Georgia; continue design & work studies,

SR 354 -------- ........ ................. .... ......... -...-827, 921, 923, 1027, 1095

Toombs County Small Claims Court; create, HB 1420

263, 271, 386, 433, 475

Tourism Study Committee; create, SR 341 ....................... 597, 921, 923, 1027, 1095

Towns County Sheriff; compensation, HB 1230 ...........................................

21

Towns, Fannin and Union Counties; steel traps to hunt

unlawful, HB 2102 ................ ........ .... . ---1966, 1970, 2127, 2159, 2208

Trade Practices; deceptive or unfair methods unlawful, HB 255 ............... .--1785

Trademarks, Registration of; change provisions, HB 1622 .... .... ....... 1365, 1372,

1961, 1962

Traffic Accidents; hit and run drivers punished as felony,

certain cases, SB 378 .... .. .................................... ... ... .........No action in 1974

Traffic Citations; copy of all sent to Public Safety

Commissioner, HB 384 .... ... ..................... . .............................. 28, 330

Traffic Citations, Uniform; not required until 1974, SB 376 .. .... No action in 1974

Traffic Laws; revise, consolidate and modernize, HB 244 . . -- .456, 462, 1590, 1592,

2215, 2422, 2586

Traffic Offenses; additional punishments for misdemeanors,

HB 76 .... ......................... .............................. .......................172, 207, 291, 355

Traffic on Highways; accidents, drivers must move vehicles from

expressways, HB 1801 .... ..................... .. . . . 1117, 1125, 1324, 1329, 2565

Traffic on Highways; change punishment for drunk driving or driving

under influence of drugs, SB 598 ............ .. .......................... .....................381

Traffic on Highways; prohibit motor vehicle operators from wearing devices

which impair hearing or vision, SB 469 .. .... .-74, 110, 150, 179, 2048, 2589

Traffic on Highways; speed limit 55 miles per hour, SB 448 . ...... .49, 78, 91, 145,

593, 633, 1308,1573

2682

INDEX

Traffic Violations; change number of points for suspension of driver's

license, HB 246 ----...----104, 159, 198, 215, 982, 997, 1440, 1814, 1931, 2050

Trailers; exempt from motor vehicle licensing, certain cases,

SB 472 ______......_._.___________.___. .....

74, 149, 172, 222, 2046, 2589

Trailers, Farm; exempt from independent braking system

requirement, HB 1350 ___.__.._-.-._ .......................... .....32^, 328, 540, 543, 703, 722

Trains, Freight; must have caboose if operating on main or branch

line, SB 170 .......... .......................................................................No action in 1974

Transient Merchants; license, HB 455 ... ...........63, 93, 197, 216, 252, 262, 340, 345

Transit Systems, Urban; maximum bus width provisions, include

MARTA, HB 978 _.......__..__...._.._......._..__.........._...._.._...........__............. ... 30, 110, 157

Transportation Code; technical clarifications and corrections,

SB 605 .......................................................A22, 686, 689, 843, 863, 2083, 2098, 2590

Transportation Corridor Advisory Board, Multi-State; Community

Development Department pay State contribution,

HR 570 ...... .. .. .......... ......................... ------------1307, 1319, 1821, 1823, 2564

Transportation Department Acquiring Rights-of-way for Construction;

declaration of policy, SB 168 .................. ........._.._......... .............No action in 1974

Transportation Department; authorized to construct bicycle lanes on

highways, certain circumstances, SB 484 _________...___.____________89, 540, 542, 616, 619

Transportation Department; develop long range, statewide transportation

plans, HB 350 .............................. ....__......._.._..................._............_..._..__........._..27, 110

Transportation Department; license public airports, SB 250 ----.No action in 1974

Transportation Department; provide for venue and service

of suits, SB 130 ...... .........................................................................No action in 1974

Transportation Department; remove dead animal carcasses found on

highway rights-of-way, HB 1038 _........_.........._..._................_.._..... .........30, 110, 158

Travel Agency Business; prohibit banks from participating, SB 621 ................534

Traverse Juries; civil actions less than $3,000, jury of six, HB 1530..... 1812, 1817

Traverse Jurors; change procedures on selection, SB 296 ... ....No action in 1974

Trees; Forestry Commission check for infestation, HB 1535 . . ...1115, 1123, 1322,

1329, 1613, 1751

Trial, Civil Cases; after 60th day from date of complaint, SB 689 ..... 998, 1326,

1328, 1384, 1442

Trial, Demand for; held in abeyance until certain date, HB 1528 ...... ...1196, 1210

Trial Judges and Solicitors Retirement Fund; change contributions

provisions, SB 134 ................ ........_..._....._...._......_...____........_.......No action in 1974

Trial Judges and Solicitors Retirement Fund; change provisions on death

before retirement, SB 518 ......._..............__.._...._............................._........ ........199

Trial Procedure; provide for consolidation of action, SB 27 .......No action in 1974

Trial Procedure; provide for consolidation of actions, SB 164 ............ 90, 1384

Trial Procedure; provide for consolidation of action, HB 33 .............................. 331

Trucks; exempt from certain regulations those transporting nursery stock

or sod grass, HB 1329 . ................. ....._......._......._..._._........................1580, 1581

Trucks; maximum size and weight limitations increased by Executive

Order of Governor, SB 595 ................._.._..............._................................ .........359

Trucks on Highways; loads must be secured or covered, SB 61 .. No action in 1974

Trucks on Highways; loads must be secured or covered, SB 165 ___ No action in 1974

Trucks on Highways; use right lane, SB 167 ................................No action in 1974

Trucks; permits to exceed size and weight limitations, transporting loads which can be dismantled, SB 594 .......................... ........358, 541, 542, 932, 976

Trucks, Temporarily Leased; license fees, HB 1463 .. . ..------.532, 538, 758, 763

Trucks, Trailers; protectors on rear wheels required, SB 11 ...... 2073, 2113, 2588

Trust Company; define what corporations authorized to use term, SB 600 .... ............... .................. ...381, 602, 613, 703, 711, 1809, 2589

INDEX

2683

Trust Deed; alternative method for exercising power of sale

under, HB 1016 ..... .. ............... .... ...,,........_..... .........197, 205, 666, 759, 763

Trust Funds for Investment; retirement systems may pool by

mutual consent, HB 166 ........ ........................ ..404, 447, 455, 665, 968, 997

Trusts, Charitable; Attorney General supervise administration,

SB 295 ................................ ........... . .. ........................... 2083, 2101, 2589

Turner McDonald Parkway; designate, SR 314 ......... ............. . .. ..............391, 593

Tyrone; corporate limits, HB 1952 ... ....

. .....1191, 1206, 1587, 1603, 1836

Tysinger, Senator James W.; statement .. . ... . . . ............ ............... 14, 2164

u

Unborn, Lives of; relative to, HR 251 . .

....... .......... ...... -1128, 1143

Unemployment Compensation Law; increase rate of interest on delinquent

contributions, HB 1286 .... ........... .......... .-.- .. 532, 538, 1009, 1012

Unfair Trade Practices; unlawful, SB 74 .. ..... ........... ............No action in 1974

Uniform Commercial Code; amend to change definition of

"item", HB 2004 ..... .. . . . ........ .. ... ....... ........ 1396, 1571, 2051, 2054, 2568

Uniform Division, Public Safety Department; change time of

retirement, HB 1423 ...........'. - .............. ..... ... ..... . ........ 676, 681

Uniform Enforcement of Foreign Judgments in Georgia Act;

enforce, HB 734 ............ .........................................................29, 384, 450

Uniform Reciprocal Enforcement of Support Act; provide with

Canada, HB 1506 ................. .. ........................591, 601, 1129, 1136, 2067

Uniform Traffic Citations; change effective date, SB 376 ............No action in 1974

Uninsured Motorists Coverage; exclusion from $250 to $100, SB 697 ... . 999

Union City Mayor & Council; change election date,

HB 1983 ...... ................... ............ ..... . . .. 1736, 1780, 2128, 2154, 2186

Union County; conveyance of State-owned property,

HR 658 ....

. ................ ... .... .. .... .1580, 1586, 2130, 2152, 2520

Union Dues; collection authorized, certain cases, SB 656 ..

... ...

742

Union, Towns & Fannin Counties; steel traps to hunt

unlawful, HB 2102

. ........

1966, 1970, 2127, 2159, 2208

Universities, Colleges; repeal provisions requiring certification by

State Board of Education, SB 559 ................... .......... ............... 269

University of Georgia; anniversary of granting of charter, HR 552 . .. 356, 366

University of Georgia, College of Veterinary Medicine; create Advisory

Board, SB 480 .. ... .

88, 465, 466, 556, 616, 629, 2049, 2069, 2588

University of Georgia; congratulate, SR 302 .... .

...

307, 356

University of Georgia; congratulate on 189th anniversary, HR 553

356, 367

University System Campus Personnel; arrest powers,

HB 1703

....

..

1303, 1318, 1565, 1566, 2534, 2587

University System Schools; military dependents pay in-State

tuition, HB 1390 ...... ... ......... ..' ... .... ... ..'.....1395, 1570, 2164, 2170, 2171

Unlawful Discrimination Practices; relative to, HB 1589 ... .... 1576, 1583, 1961

Unsworn Statement by Accused, Criminal Cases;

abolish, SB 25 .. . . ...... ......................... . ........... ..No action in 1974

Upson County Board of Education; members and

districts, SB 445 ... ..................... ... . . ............... 48, 109, 149, i"3, 420, 454

Upson County Chief Deputy Sheriff; compensation, HB 885 . No action in 1974

Upson County Commissioners; elect chairman, HB 1483

....418, 424

Upson County Ordinary; appoint clerk, HB 1482 ... ... ... 417, 424, 756, 766, 835

Upson County Ordinary; compensation, HB 883 . . . .

77, 91, 111, 826

Upson County Ordinary's Clerk; compensation, HB 1484

. ..... 293, 299

Upson County Sheriff; annual budget, HB 1938 ........................................1190, 1205

2684

INDEX

Upson County Sheriff; appoint chief deputy, HB 1486 __ _______ ... . _ 293, 299

Upson County Small Claims Court; change population,

HB 1721 ______________ . ___________________ __________ _ .... ....... 590, 599, 756, 764, 839

Upson County Tax Commissioner; compensation, HB 884 ________ No action in 1974

Upson County Tax Commissioner; compensation, HB 1485 _________ ....... 418, 425

Urban Renewal Employees; Athens Pension Plan,

HB 1527

.

.......1195, 1201, 1563, 1567, 1606

Urban Transit Systems; maximum bus width provisions, include

MARTA, HB 978

_____ ...... __________ _________________________________ ______....... 30, 110, 157

U.S. Congress, Deplorable Practices of; relative to, SR 416 _____ .....1815, 2096, 2172

Used Car Dealers Registration Board; bond required for

licensing, SB 483 __ _ _____ ......

89, 276, 303, 349, 2174, 2590

Used Motor Vehicle Parts Dealer; applicants must apply for sales

tax number, HB 632 ________________________________________________ 67

Utilities, Publicly owned; provide for use of by certain residents,

HB 1897 ............................................. __._________1809, 1818, 2130, 2152, 2216, 2548

Utility Rate Cases, Pending; Governor appoint Consumers' Rate

Counsel, HB 1998 ..._..........._......_..........................._.............. 1366, 1373, 2131, 2153

Utility Rate Changes; change time for schedule suspension, bond

provisions, SB 647 _____________________ ________ __________________________________________________ ______ .679

Utility Rates; prior notice required for hearings by Public Service

Commission on proposed changes, SB 463 _._......_............... ____________________ 51

Utility Rates, Service; Public Service Commission approval required

prior to changes, SB 462 ____________________________ __________________________________...__.____________________.51

V

Valdosta; change corporate limits, HB 1903 ... ____________993, 1002, 1215, 1222, 1343

Valdosta Development Authority, Central; establish,

HR 653 _____ _________ ....... ........ _____ __________ _______ ._ . .995, 1005, 1215, 1223, 1542

Valdosta, Lowndes County; authority to merge governing

authorities, HR 654 _______ ... ________________ _____________ _ 995, 1005, 1215, 1223, 1545

Vehicles Transporting Hazardous Substances; regulations,

SB 297 _____ .

.... ...................................... _ ______ ___No action in 1974

Venue and Service of Suits, Transportation Department;

provide for, SB 130 ______

__________________________

.No action in 1974

Venue; provide for in third party practice, HR 476 842, 857, 2164, 2169, 2172

Verbatim Court Reporting; define terms, regulate,

SB 375 _

. . .. . ____________________________ ........... ....No action in 1974

Verdict, Not Guilty in Multiple Prosecutions; not affect

guilty verdict in other crime, HB 763 ............

.....................

_. . 53

Verdicts, Criminal Cases; change provisions for

sentencing, SB 24 ____ _. .......................... . .

No action in 1974

Veterans and Certain Armed Forces Members;

scholarships, SB 172

_ _ _______________

_________ No action in 1974

Veterans, Disabled and Dependents; homestead exemption,

SR 305 .. . _ . ______ 326, 917, 929, 1027, 1145, 1164, 1188, 1613, 1859, 1957

Veterans, Disabled; homestead exemption, HR 561

. 1307, 1319, 2037, 2039

Veterans, Disabled; homestead exemption, HR 562 __ 1306, 1319, 1564, 1566

Veterans, Disabled; increase homestead exemption,

SR 30 _

. ... . ________ ___. ..........

.........No action in 1974

Veteran's Driver's License; relative to, SR 328

_. 460, 604, 610, 843, 893

Veterans Service Department; commend, SR 339 .....

. _ --. ............555

INDEX

2685

Veterans' Widows; credit on exams given by State

examining boards, SB 556 ..

.._._......._.. __________________ 268, 363, 389, 447

Veterinarians, Boarding Kennels; lien on animals for payment

of charges, SB 668 .. ........744, 1006, 1013, 1145, 1167, 1739, 1813, 2007, 2589

Veterinary Medicine College of University of Georgia; create

Advisory Board, SB 480 ........ ..88," 465, 466, 556, 616, 629, 2049, 2069, 2588

Veterinary Medicine; included for grants by State Scholarship

Commission, SB 574 ..... .. ........... ...... 298, 388, 438, 479, 556, 567, 2046, 2589

Veterinary Practice Act; powers and duties of

Board, clarify certain provisions,

SB 669 ............ .... ........... .....744, 1006, 1013, 1145, 1168, 1740, 1811, 2589

Vetoes by Governor, 1973 session .. ... ....

. .. .... ... ...... . _. ...... ______ 31

Vetoes Overridden _. .............. ...............

......

___ ______ .....

281

VFW on 75th Anniversary; congratulate, SR 428............ .

...2173

VFW Post 4706; commend, SR 420 ............

... ..... ______ ______ .__ 1972

Victimless Crime Study Committee; create, SR 120.-- .. ....

No action in 1974

Vietnam POW or MIA Servicemen; pay exempt from

State income tax, SR 147 _

_ _____ ___________

No action in 1974

Vital Areas; provide for development and use, SB 557 __ _______ .

268

Vital Statistics Records, Human Resources Department;

no charge for search, HB 1829 _____________________ 1778, 1779, 2095, 2151, 2567

Volunteer Firemen; redefine under Firemen's Pension

Fund Act, change powers of Board of Trustees,

HB 1514 ..........."........ ______ .

........ 592, 601, 1822, 1823, 2216, 2220

Voter Registration; extend time for special elections, SB 553 267, 330, 365, 410

Voter Registration Places; change time for additional places,

counties over 100,000, SB 384 ...... __ ______________ _______ No action in 1974

Voting; electors must vote in district in which registered, HB 226 _______

430

w

Wade, David; commend, SR 327 ____________ .

__ . _.447

Wadley; reincorporate, HB 1784 _ _ __

_____ 736, 752, 1127, 1134, 1234

Waiver, Immunity from Suits; State officers, SB 290. .. . . . . No action in 1974

Walker County Clerk of Superior Court; compensation,

HB 1489 ____________ .... ...

_ ....... . .. 294, 299, 603, 607, 692

Walker County Commissioner; compensation, HB 1492 ______ 294, 300, 603, 607, 693

Walker County Ordinary; compensation, HB 1490 __ . 294, 300, 603, 607, 692

Walker County Sheriff;'compensation, HB 1491

294, 300, 603, 607, 693

Walker County Tax Commissioner; compensation,

HB 1488 __________ ........

........ ....... ----.294,299,603,607,692

Walker, Patricia Anne; regrets at passing, SR 291 ..... ... ......... ......

. 280

Walthourville; incorporate, HB 1453 ... "...... _____ 263, 271, 386, 433, 475

Walton County Small Claims Court; create,

HB 1930 __________ ............ ________ ...... 1190, 1204, 1587, 1601, 1833

Ward, Senator Horace; statement

.

. . ... 1562

Ware County Board of Commissioners; compensation

of Chairman, HB 2078 _____ ...........1738, 1783, 2128, 2156, 2198, 2231, 2369,

2478, 2481, 2584

Ware County Sheriff & Ordinary; compensation,

HB 2075 ____

_

_ __

1738, 1783, 2128, 2156, 2197, 2231, 2368,

2478, 2480, 2483, 2584

Ware County; six-man juries in State Court,

HB 2071 ---..-. ---- -----.-- . .. ... ----.-1737,1783,2036,2043,2059

2686

INDEX

Ware County State Court Judge & Solicitor; compensation,

HB 2077 ....

..... .........._.............

1738,1783,2036,2044,2060

Ware County Tax Commissioners; compensation,

HB 2076 ....

.

.......... ... ...1738, 1783, 2036, 2044, 2060

Warm Springs Foundation Employees; receive credit under

Employees' Retirement System, SB 473 ... .. ...... Warner Robins; change corporate limits,

. . .... .. 75

HB 2069 ...........'....... ....... . ......... .1737, 1782, 2128, 2156, 2189, 2585

Warrant for Arrest; change information contained, SB 636

596, 101]

Warranty Deeds; derivation clause required, SB 561 ....

.

............ 269

Warren County Commissioner; compensation,

HB 2059 .............

.

1736, 1781, 2128, 2155, 2196

Warren County Ordinary; compensation, HB 20GO . .. 1737, 1782, 2035, 2042, 2057

Warren County Sheriff; provide automobile,

HB 2061 .....

................ ...... . . .... ......1737, 1782, 2035, 2042, 2058

Warren County Superior Court Clerk; clerical

assistants, HB 2068

..

...1737, 1782, 2035, 2042, 2058

Warren, Senator George; statement

...... .

... ... . 2550

Wasden, Senator Wiley; statement .....

. .... ............................. ....... . ....... 392

Washington; commending certain officials & citizens, SR 361 .

931

Waste Water Treatment Services, Industrial; cities and counties authorized to enter contracts,

HB 1963 .

.

.....

..

1365,1373,1787,1798,2579

Water and Sewerage Treatment Facilities; Environmental

Protection administer, provide loans, HB 249

..No action in 1974

Water Quality Control Act; redefine ''pollution" and "effluent

limitations", HB 1735 ... ... ... . . . 1196, 1211, 1791, 1800, 2067, 2117

Waycross Downtown Development Authority;

establish, HR 712 ...........

......... ... .1807, 1819, 2127, 2160, 2391

Waycross Judicial Circuit; additional judge,

HB 1558 .......... ......... ................ ... ...677, 682, 1129, 1136, 1242, 1385, 1479

Wayne County Board of Commissioners; compensation,

HB 2096 . ................... .... . ..

...

1965, 1970, 2127, 2158, 220fi

Wayne County; conveyance of real property, SR 250 ....

.... .. 52, 276, 305, 338

Weapons, Dangerous; change provisions for a license to carry pistol, SB 652 ... ..... .... . .... .. ... ........... . ... 680, 1009, 1012, 1144, 1152
Weapons, Dangerous; illegal to alter or modify serial number,

SB 544 ......... ........

. ..

229,387,437,479,498

Weapons; district attorneys and certain investigators

authorized to carry, SB 494 ....

........107, 171, 207, 255, 2176, 2590

Weapons; include pellet pistol in illegal concealment Code

Section, SB 88 ......... ............... ...................

... 2571, 2573, 2574

Weapons, Possession of; exempt persons registered under

National Firearms Act from criminal provisions,

SB 371 . ...

...................... .............. ....No action in 1974

Webb, Senator Julian; statement . 194, 616, 841, 932, 1025, 1143, 2090, 2091, 2512 Webster County Court Clerk; attend traffic court,

HB 2038 ................................... .

..

1808, 1816, 2128, 2155, 2188

Webster County Sheriff's Employees; compensation,

HB 1673 ............................... ... . .

....................... 456,461,603,609,697

Webster County Superior Court Clerk; compensation,

HB 2091 ._.._............_......_......._..... ..

........1965, 1969, 2127, 2157, 2204

Weights of Vehicles; hauling granite from quarry to

processing plant, HB 1305 ................ .. ................ 563, 574, 758, 763, 843, 901

West Chatham County Hospital Authority; create, HR 596 .................. ......... . ................................ ... .

740, 754, 919, 929, 1107

INDEX

2687

West Georgia College Basketball Team; commend, SR 345 ... ............... ... 614

West Georgia Tollway; continue design & work studies,

SR 354 .

...... ............... .. ............... 827, 921, 923, 1027, 1095

Western & Atlantic Lease (Omni) ; severance of part from

previous lease, HR 634 ...... __ .......1197, 1213, 1591, 1592, 1860, 2024, 2025

Westervelt, H. A.; regrets at passing, SR 429 . .........._..... .... ......................2173

Wheeler, Freddy; commend, SR 382

___......_...._......... _.........

1156

White Cane Act; enact relating to blind or partially blind

persons, HB 604 .. . ................. .. ....._...........___... ...................... 29,605

White, Honorable Alton V., Jr.; regrets at passing, SR 405 .. . .......... ... 1612

Whitehead, Aaron Franklin; compensate, HR 558 . 740, 755, 1214, 1219, 1558

Whitfield County Board of Elections; create,

HB 1939 - -. ......... -....... ...._..... .. ... ....._.. .. 1190, 1205, 2035, 2040, 2055

Wilderness Omnibus Bill, Eastern; relative to, HR 284 .............

31, 687

Wilkes County School Superintendent; appointment,

SB 584 _____ ..................... .... ......

... 357, 429, 469, 544, 2176, 2590

Wilkes County Superior Court Clerk; compensation,

HB 1999 ........_._........ ............... .... ............. .. 1300, 1311, 1788, 1803, 1844

Wilkinson County Ordinary; clerical assistants,

compensation, SB 678 .. __.............. - ........ 909, 1126, 1133, 1227, 1738, 2589

Wills, Probate; change provisions on witnesses, HB 1888 .. . ...

1305, 1319

Wills, Probate; may prove testator's signature by heirs,

certain cases, SB 691 __

......... ...... ......... 998, 1327, 1328, 1384, 1445

Wills, Settlement Between Parties; approved by ordinary,

SB 333 ..........................

_........ _________

_________

_ .31, 85, 92

Wills; specific devise pass subject to lien, SB 610 ... . 458, 758, 761, 933, 947

Wilson, Dr. John Page; commend & invite, SR 408

....

.............. 1857

Winder, City of; new"charter, HB 2021 _._ _ ...

1808, 1816, 2128, 2155, 2187

Winder, City of; reincorporate, SB 698

. 1117, 1216, 1223, 1345, 2582, 2590

Wine, Sale of; provide for exclusive wholesalers and

territories, SB 688 .. ______

..........

. .. __

_

998

Witness Fees for Peace Officers; coroner's inquest

appearance, HB 954

.. .

........

..

502,531

Witness; immunity from prosecution in felony cases,

SB 123 ..........

________ ............. ......

_. No action in 1974

Witnesses, Wills; unnecessary in probate if heirs agree

to signature, SB 691 _ _

......

998, 1327, 1328, 1384, 1445

Women, Married; act as surety on criminal bail bond, HB 1389 .

....... 823, 830

Working Conditions; assure safe and healthful, SB 8

No action in 1974

Workmen's Compensation; additional benefits to dependents

of firemen, law enforcement officials killed in line

of duty, SB 634

... . .

... .. 595, 1217, 1224, 1384, 1390, 2176, 2590

Workmen's Compensation; change coverage provisions,

HB 680

__

........

.. ______ .... No action in 1974

Workmen's Compensation; change provisions relating to third

party tortffeasors, coverage and total incapacity

compensation, HB 1697

_

. . . ....

......... . 1116, 1127

Workmen's Compensation; change total incapacity provisions, SB 6 ....... ... ......... . .... .. ........

....No action in 1974

Workmen's Compensation; change total incapacity

provisions, SB 7 .......... ......

.-- -- .........

. . ... .. ...No action in 1974

Workmen's Compensation; education board employees included, certain cases, SB 577 ... .... __ 324, 386, 438, 932, 945, 1241, 1257

Workmen's Compensation; insurance premium on coverage of a sawmill, SB 188 . . .. _____ . . ______ 540, 541, 842, 859

2688

INDEX

Workmen's Compensation; revise and clarify provisions

for coverage, SB 602 .... ................... . .382, 540, 543, 617, 659, 2174, 2590

Workmen's Compensation Study Commission; create, SR 4 ........ No action in 1974

World Congress Center; Executive board, annual reports

to General Assembly, SB 421 .............. . .. .. ................ - .......... .... -..24

World Congress Center Executive Board; reconstitute

and continue, SB 681 -

910, 1126, 1132, 1241, 1287, 2397, 2401, 2590

Worth County Sheriff; compensation, HB 1994 ---.-..1194, 1209, 1564, 1569, 1612

Worth County Superior Court Clerk; compensation,

HB 1993 .....

............................ ................... ... 1194, 1209, 1563, 1569, 1611

WRAS-FM; relative to high professional standards, SR 294 ......................280, 421

Wright, Dr. Ernest L.; regrets at passing, SR 389-------------- ..... . .........1226

Yarbrough, Mrs. Kathleen; commend, SR 414 ........... ..................................... ..1858

Year-Round Daylight Savings Time; relative to, SR 266 ............ ..................108

Youthful Offender Act, Georgia; redefine certain terms,

change provisions, HB 842 ............_..._.............

............................. --------29

Youthful Offender; redefine term, SB 148 . .... ...... .......... . -.No action in 1974

Youthful Offenders; change penalties under Children

and Youth Act, SB 569 ..... ..... ......................................297, 432, 467, 556, 579

Youthful Offenders; penalties and jurisdiction upon

conviction, SB 197 . ...... ...................................... .................... No action in 1974

Zipperer, Senator Ed; statement ....... .. ............ .. --------412, 580, 2368 Zoning Ordinances; cities over 300,000 grant special
permits, SB 528 ......... ... ... ......___._________._______.201, 1126, 1132, 1238, 2175, 2590

INDEX

2689

PART II

SENATE BILLS AND RESOLUTIONS

SB

1--Deposits; required to accrue interest ----------------------__.--_----.22

SB

2--Criminal Trials; judge fix sentence after verdict --.No action in 1974

SB

4--Prospective Jurors; examined by judge _----------_._.No action in 1974

SB

6--Workmen's Compensation; change total incapacity

provisions _............------......_--.......--.------------_----.No action in 1974

SB

7--Workmen's Compensation; change total incapacity

provisions ... .

........

.... No action in 1974

SB

8--Working Conditions; assure safe and

healthful

... .No action in 1974

SB

9--Clayton Judicial Circuit; judges; salaries,

change supplement .._._.------___._..._------.__------------....No action in 1974

SB 10--Minimum Foundation Program of Education;

special assistance fund for local

units __----..--.---- _----------------..----..--------_._--No action in 1974

SB 11--Motor Vehicles; trucks required to have protectors on

Rear wheels .----...._...----.....----.....------....----.....--.2073, 2113, 2588

SB 12--Motor Vehicle License Plates; proof of financial

responsibility before issuance .--------------_------..No action in 1974

SB 15--Safety Fire Commissioner; change fire hazard

provisions on buildings _------.------.--------.------ No action in 1974

SB 16--Long Term Health Care Facility Act;

enact ..

.......... ...----1470, 1814, 2588

SB 17--Liquor Law Violations; costs related to

contraband articles _._._------------__------...._----....,,.No action in 1974

SB 19--Buildings Used for Medical Purposes; change provisions

on fire hazards __------_------------__._.,,_.____... _ ... No action in 1974

SB 23--Criminal Damage to Property; crime to use article

with altered identification mark ._.......----......_..._...__ 2182, 2260, 2588

SB 24--Criminal Cases; change provisions for

sentencing ....._...__--......----..,,------_----...------__.,No action in 1974

SB 25--Criminal Cases; abolish right of unsworn statement

by accused ............

....-.._ .No action in 1974

SB 27--Civil Cases; provide for consolidation of

action in trials ...------------_----____.......___--_.___-No action in 1974

SB 28--Criminal Cases; State's right to appeal limited,

certain cases ----_.--.--------------_.--------_----------No action in 1974

SB 29--Interlocutory Appeals; provide for upon petition to

Supreme or Appellate Courts --.....----._..._....------.... No action in 1974

SB 35--Fulton County Criminal Court; six jurors ------No action in 1974

SB 37--Corporation Officers Engaged in Illegal Conduct; Attorney General institute proceedings to revoke charter __._... ------------------------------....----No action in 1974

SB 38--Behavior Bonds, Peace Warrants; repeal Code Section _...._..--------------------------------1812, 2113, 2588

SB 41--Teachers' Retirement System; reduce number of years for disability retirement --.........----......----..-- No action in 1974

SB 44--Construction Contracts; escrow procedure, limit amount and define terms ----.....___._..-.__.----.No action in 1974

SB 45--Court Suits Pending; change dismissal time from five to three years --------------....------------------------No action in 1974

2690

INDEX

SB 46--Court Suits; time for dismissal due to lack

of prosecution .._......._._.........-....__.._...._.._._........_._.._.._...... No action in 1974

SB 47--Attorney General, District Attorneys, Judges;

compensation _______,,_._____________.__.__.__,,__,,_.______.__.._,,,,__..._._........._.

22

SB 51--District Attorneys, Superior Court Judges;

compensation and allowances _____________________________________ No action in 1974

SB 52--Pulton County Criminal, Civil and Juvenile Court Judges;

change retirement qualifications ,,...--__..___,,-----____-- No action in 1974

SB 56--Mineral Rights; provide for title by adverse

possession -__--.____,,_..,,_,, -2271, 2570

SB 58--Sentence; imprisonment mandatory after two life

sentences __._.......______..._._______._._.__.__..___........._._.._............No action in 1974

SB 59--Fire Safety in High-rise Buildings;

provide regulations ----.---- ,,_____,,_,,._--________No action in 1974

SB 60--Newsmen; source of information deemed privileged ____________._________._22

SB 61--Motor Vehicles on Highways; loads must he secured

or covered .______.__.--_.______.....--.._..___________.__.__._._.__....._._..No action in 1974

SB 65--Teachers' Retirement System; minimum benefits,

certain members .---__.___._.--.--___.________,,-.._.___.__._.--.__.___.No action in 1974

SB 68--Martin Luther King; declare birthday

legal holiday .___----___________--______.._..---______.-_.----._____ No action in 1974

SB 69--Superior Court Judges Emeritus;

eligibility requirements -----,,--_--,,----__-__--_,,----_____ No action in 1974

SB 70--Employees' Retirement System; special benefits

for certain Public Safety Department

Employees ___.___....--_____._----..._,,_,,,,, No action in 1974

SB 71--Health and Accident Insurance; coverage for

children from moment of birth,

certain policies ____.........__._____........__..______........._____________ No action in 1974

SB 74--Consumer Protection; unfair trade practices

unlawful .,,__.._.--_---___.._.,,-----_._....._._..--_._..._.-.,,---___._,,.No action in 1974

SB 75--Employees' Retirement System; appellate court judges,

benefits --___.__.------_____-_,,_--_______,,____,,--.___.__._.....--_.___.. No action in 1974

SB 76--Candidates; qualify with only one political

party ___.....,,_.__.___,,,,.._.___.__,,_.,,.__.__.___.___._.....,,._..

No action in 1974

SB 78--Drug and Cosmetic Act; amend relating to artificial

sexual devices ----_____.__...-----____________.--_______________._______________......_....___.._.___. 22

SB 81--Fulton County; pensions to retired individuals,

certain cases ____....,,_.______. ----..-. ..._.._._.._..... 2176, 2590

SB 84--Theft of Services; change penalty

provisions __......___.__......._..___.__-...__._...___._.._......_.._._......_...23, 1565, 1858, 1952

SB 85--Theft by Taking; interchange of labels or price

tags on merchandise __.____----_____--_-_._--..____________.._. _.__________________.2176, 2590

SB 86--Dishonored Check; certain attachments or writings

evidence against drawee ___.._...__.___.___._____...._......_._._.... No action in 1974

SB 87--Obscene and Offensive Words; redefine Code Section ____........_______....._._._______._....______.___.___._..._....__..__..._..._.2182, 2244, 2591

SB 88--Firearms and Weapons; include pellet pistol in illegal concealment Code Section ____......_.___.__..___...,,,,__._.._._..... -2571, 2573, 2574

SB 90--Distribution of Obscene Materials; change provisions relating to use of premises as public nuisance ___..______________.__53, 84, 110

SB 91--Law Practice; punishment for illegal practice ......_.No action in 1974

SB 95--Atlanta-Fulton County; employees, pension credit _____-___________._-_._______.______.._____________--________No action in 1974

SB 96--General Election Day; legal holiday __.--------__,,-_...No action in 1974

INDEX

2691

SB 97--Health and Accident Insurance; coverage for children from moment of birth, certain policies .._......_..___.___.No action in 1974
SB 98--Public School Employees' Retirement System; eligibility provisions .. .............._...__..__......--....... ........... No action in 1974
SB 100--Consumer Credit Sales; revise present laws ..._._..._... No action in 1974 SB 101--Fulton County Pension Plan; include certain
officers and employees ............. ......................................1117, 1252, 2590 SB 102--County Manager; provide for if needed in counties
under 400,000 . .......... .........._....._._..._............_........................_...189, 2588 SB 103--Military Personnel Stationed in Georgia;
pay in-state college tuition ._......_._..._._._...................... No action in 1974 SB 104--Employees' Retirement System; Public Safety Department
Employees, retire after twenty years _._._...._............. No action in 1974 SB 105--Employees' Retirement System; change credit for
service in armed forces .... .. ......._.__....._._...................No action in 1974 SB 106--State Income Tax; exempt armed forces retirement
benefits ............... .................. ....... .....................................^6Z, 388, 441 SB 109--State Officials and General Assembly Members;
compensation . - .............__._._........... ... ...................No action in 1974 SB 110--State Officials; compensation .... ........._...._._............. No action in 1974 SB 111--State Officials, Judges and District Attorneys;
compensation .. . ......._._._..._......_....................._._.._._....... No action in 1974 SB 112--General Assembly Members, Officials;
compensation . ... .. ................____..__.._.....................___._.No action in 1974 SB 114--City of Atlanta; employees eligible for retirement
twenty-five years .._.............. ............._........ ................No action in 1974 SB 116--General Assembly; Legislative Services Committee
assign first floor Capitol offices ._......._..._...._......_.........._._._...._...__.276, 302 SB 117--District Attorneys' Retirement Fund; change
amount of payments . ... .._......_....... .....432, 465, 616, 620, 1575, 2588 SB 118--General Assembly Members and State Officials;
compensation ........._.__.._._._._.... .... ...._._._._....._._.. ............No action in 1974 SB 120--City of Atlanta; additional pension benefits
for judge pro hac ................._...__.__.........._.......__...._.._..... No action in 1974 SB 121--Teachers' Retirement System; service under
Cooperative Educational Service agencies ...._............ No action in 1974 SB 122--Minimum Foundation Program of Education;
eliminate local contribution ....._.. ...._....._._...._. ......... No action in 1974 SB 123--District Attorneys; grant immunity to witness
in felony cases .................. . ............_... ......._...._.................No action in 1974 SB 124--Peace Officers' Annuity and Benefit Fund; change benefits
those previously retired .._.................._..........._._._._... No action in 1974 SB 130--Transportation Department; provide for venue
and service of suits ............_..._......._.._...._........ ........No action in 1974
SB 133--Peace Officers' Annuity and Benefit Fund; change Section 5 for reference purposes .. ............No action in 1974
SB 134--Trial Judges and Solicitors Retirement Fund; change contribution provisions _._.__........................... ...............No action in 1974
SB 135--Juvenile Court Code; judge, expenses ......... ..-1813, 1973, 2177, 2590
SB 136--General Assembly Members; change per diem expense allowance .................. .._..._..._..._.........._._._._._._.............._... No action in 1974
SB 137--Superior Court Reporter Emertius; change eligibility _......._._....... ...........___... .......___._.........._._..__.._... No action in 1974
SB 138--Public Safety Department; overtime pay for uniformed personnel from Federal Funds . _._..,,--. --------.No action in 1974

2692

INDEX

SB 145--Unruly Children; repeal Code Section on commitment

to Offender Rehabilitation Department ------.------.No action in 1974

SB 147--First Offenders, 18 to 25 years; Corrections Board have

authority if convicted on misdemeanor offenses _._._.. No action in 1974

SB 148--Youthful Offender; redefine term ___--------------. No action in 1974

SB 149--School Tax; State reimburse local

system for reduction in property tax ------..--..------........_.._......._-68

SB 150--Mechanics' and Materialmen's Liens; special lien

by appraiser, certain cases _------------_..------------ No action in 1974

SB 151--Sales by Administrators; procedures ______------.__..._____. 2049, 2094, 2588

SB 153--Accident and Health Insurance; redefine physician

and doctor

.-.----------------------------------- ..._._. 1811, 2588

SB 155--Employees' Retirement System; county tax officers,

change provisions --_-._.--......------------_--.----------No action in 1974

SB 157--City of Atlanta; Governor appoint Police Chief .._... ......._ ..............23

SB 158--Insurance Commissioner; fees and taxes collected

paid into Treasury promptly ----------------------No action in 1974

SB 159--Coweta Judicial Circuit; additional judge _------------......_.._._.2584, 2590

SB 163--Prospective Jurors; examined by judge ------------------------------90

SB 164--Trial Procedure; provide for consolidation of actions ...._----. 90, 1384

SB 165--Trucks on Highways; loads must be secured or

covered ___----------___________---------------------..-- No action in 1974

SB 166--General Assembly Members; unlawful to accept gift or

favor for appearances before state agencies or boards .._._.. 2582, 2590

SB 167--Trucks on Highways; use right lane --------------..No action in 1974

SB 168--Transportation Department Acquiring Rights-of-Way

for Construction; declaration of policy ------..---- No action in 1974

SB 169--City of Atlanta; limitation of ad valorem taxation

for schools _------------.._-_.--..----...-------------.------ No action in 1974

SB 170--Freight Trains; must have caboose if operating

on main or branch line ....._.........._....---- .------------No action in 1974

SB 172--Scholarships; provided for veterans and certain

armed forces members .--__----------------------------No action in 1974

SB 174--Foreclosure Sales; written notice to persons holding

incumbrances on property ________________------..------------------------759

SB 175--Firearms; define crime of criminal possession ______ No action in 1974

SB 176--Abused Children; additional persons required to

report cases __...._.__.__..._.................._...------.------_..-------- 2049, 2087, 2589

SB 178--Counties maintaining Law Libraries: appoint

librarian

.

.... .2048, 2589

SB 179--Administrative Procedure Act; redefine

agency ,,.------__------____..-----_.---------------_------_------90, 111, 372

SB 181--Hospitals under Human Resources Department;

admissions procedures __..........--....__..___.------------_____.No action in 1974

SB 182--Human Resources Department; change name of institutions within jurisdiction ----.--------------...No action in 1974

SB 183--Criminal Cases; pre-trial psychiatric examination of defendant .....--.----__--_--_--___------------------------No action in 1974

SB 184--Mentally Retarded Child in State Institution; parents not responsible for costs after 18 years of age _ --------.149, 172, 220

SB 186--Human Resources Department Employees; compensation for clothing damaged by patient ______ No action in 1974

SB 187--Cobb County; create an office of magistrate --------1366, 1523, 2589

SB 188--Workmen's Compensation; insurance premium on coverage of a sawmill __..----------......---------------...-----540, 541, 842, 859

INDEX

2693

SB 190--Juvenile Courts; jurisdiction over any child

under seventeen years of age __..___._._.___..........._. ......_ No action in 1974

SB 191--Child Care Facilities, Out of Home;

license and regulate ______________________________________________________No action in 1974

SB 192--Protective Services for Adults;

provide for those incapacitated . ______ 431, 465, 932, 938, 2519, 2525,

2590

SB 193--Juvenile Court Code; relating to consent of

parents for adoption of child .._._._.__._____........._.._._.____._. No action in 1974

SB 194--DeKalb County Commissioners; increase members__.No action in 1974

SB 197--Children and Youth Division; custody of certain

minors upon conviction _._.....__._.....__.___.___..._._._..._.......... No action in 1974

SB 198--Public Service Commission; regulate rates for advertising

in telephone directories ___.._._....__......._..__..___..._.._..._...._.No action in 1974

SB 199--Employees' Retirement System; military

service credits ...._._._..__...._.___..__._...___.___.._._____________...No action in 1974

SB 200--State Personnel Board; establish auto and homeowners

insurance for State employees _.,,,,.._ _._.__-

No action in 1974

SB 204--City of Atlanta; homestead exemption ___.____________________________..__.___.._..___23

SB 205--Fulton County; homestead exemption ___________________________________________ .___.__23

SB 207--Justice of the Peace; revise laws ________._____._.._......._____...___.___________________.388

SB 208--Tenants Holding Over; cases can be tried in

State courts _______.._..-___________________.__.___________.___________.________No action in 1974

SB 210--Clayton County; superior court judges emeritus,

payment ___________.____________..________._._._______________,,______,,______.___ No action in 1974

SB 211--County Law Libraries; collection of additional costs ._...._.... ......171

SB 212--Tax on Malt Beverage Sales; provide for

local levy

_______________________________...___....No action in 1974

SB 215--Drug Abuse Control Act; change time limit on

condemnation of merchandise ........._.....___.__..__..__...__..._.__. 331, 364, 406

SB 216--Drugs; proceeds from condemnation of vehicles used in

transporting, change distribution procedures .....--.--... 331, 364, 407

SB 217--Contraband Alcoholic Beverages; proceeds from

condemnation of vehicles used in transporting, change

distribution procedures ______________________________________ _________________331, 364, 408

SB 219--City of Cross and Green; incorporate .........._.._..._.._._.No action in 1974

SB 220--Property Destruction by Minors;

provide for damages

._._..-. .. No action in 1974

SB 221--State Employees of Executive Branch;

may be employed by Legislative Branch _._......___.._.. No action in 1974

SB 222--Mental Institutions; superintendent or administrative

officer must be licensed physician ____________________ ..._______._____________._.149, 187

SB 224--Airlines, Railroads; make tax returns to county tax

authorities

____________________________________________________ No action in 1974

SB 225--Fair Market Value; redefine in Code Section 92 ....... No action in 1974

SB 226--Pardon and Parole Board; provide for parole of

prisoner on life sentence after twenty years,

certain cases ______________________________.._______________..._.___________.____No action in 1974

SB 227--Area Planning and Development Commissions;

written approval required on contracts ------._____.____._. 2084, 2247, 2590

SB 228--Pardon and Parole Board; member issue warrant for

arrest of parolee ....___._ . ..._...._______________..._.__.____________.No action in 1974

SB 229--Health Code; violations, procedure on actions affecting private property rights ..... .____________.____.____No action in 1974

SB 233--Stone Mountain Memorial Association; power of eminent domain over certain property ____________________________________No action in 1974

2694

INDEX

SB 234--Housing- Accommodations; prohibit discrimination ______ ____ 23

SB 235--Municipal Officers; penalties for misfeasance,

corruption in duty __--------_________________________________ ___ No action in 1974

SB 237--Adoption Law; parents' consent not required if

not supporting ........... ____________________________ _._____..____ __ No action in 1974

SB 244--Fulton County Tax Assessors Board; business and

delinquent tax returns, repeal provisions .......... . No action in 1974

SB 245--Fulton County Superior Court Clerks; additional

deposits to file civil case .._..._......_... ............................. No action in 1974

SB 246--Fulton County; tax levy descriptions,

repeal Act

. . _______________________________

825, 2589

SB 247--Apartment Ownership Act; approval for recording of

certain instruments ....__________________________ No action in 1974

SB 248--Fulton County Commission Chairman; ex officio member

of Atlanta Police Aldermanic Committee _______________ No action in 1974

SB 250--Transportation Department; license

public airports . ... ...... .........._......._._._..................... No action in 1974

SB 253--Alcoholic Beverages; mechanical dispensing

devices allowed ...................._.... ................_......................... _ .. .. . .. __23

SB 256--Defendant in Criminal Cases; receive notice

prior to maximum sentence based on previous

conviction

No action in 1974

SB 257--Georgia Historical Commission; transfer functions

to Department of Natural Resources _...._..._............. No action in 1974

SB 258--Penal Facilities; provide for annual inspection .. No action in 1974

SB 259--Juvenile Court Code; redefine child ___________________________ No action in 1974

SB 260--Distilled Spirits Producers; must be

citizen and resident of Georgia for license ......... .... No action in 1974

SB 261--City of Atlanta; amend charter relating to

mayor's qualifications ___.._______________._._. ......... .._____ _ No action in 1974

SB 269--Fulton County Commissioners; composition and

election of members .... .. ....................._........... ______ No action in 1974

SB 272--Planning and Budget Office; establish uniform

regulations for reimbursing employees

for travel

_

_______ No action in 1974

SB 273--Executive Reorganization Act; amend relating to

classification of positions by department heads . No action in 1974

SB 276--Public Schools; require teaching of special creation

if theory of evolution is offered . ..._... ... ................. No action in 1974

SB 277--Juvenile Court Code; contributing to delinquency of

child misdemeanor ________________________________________ . _______ No action in 1974

SB 280--Guardian, Simple Estate; ordinary appoint for

for incompetent heir ___________________________________________________________.363, 389, 442

SB 281--Garnishment Proceedings; change provisions .......No action in 1974

SB 283--Criminal Cases; judge fix sentence,

certain felony cases ......_.............................._..................No action in 1974

SB 286--Lender Credit Card Act; amend relating

to computation of finance charge ..... .........._.._._..........No action in 1974

SB 287--Lender Credit Card Act; amend relating to fee

for cash advance ________________________________________ ___________________No action in 1974

SB 288--Intangible Tax; no return required under $5 ........ No action in 1974

SB 290--Waiver, Immunity from Suits; State officers ____ No action in 1974

SB 291--Juvenile Court Code; amend to allow concurrent jurisdiction by juvenile court and superior court, certain cases .. 760, 764, 842, 849

SB 292--Offender Rehabilitation Department; custody of felons over age 13 ________________760, 764, 842, 857, 2084, 2107, 2178, 2589

INDEX

2695

SB 293--Banks; branches, increase number allowed,

certain counties . . .._.__.. ..... _....--------- -- -._ ~_--------__._.24

SB 294--Power Engineers Examining Board; create,

provide for licensing ......_..._.___._...____...___.__ .----684, 767, 768, 769, 820

SB 295--Attorney General; supervise administration of

charitable trusts --------------_.__----..._.----.------ 2083, 2101, 2589

SB 296--Grand and Traverse Jurors; change procedures

on selection ------------------------------------ ....

No action in 1974

SB 297--Vehicles Transporting Hazardous Substances;

regulations -------------------------------------------- No action in 1974

SB 298--Motor Vehicles; regulations for dismantling

or rebuilding ................_._......____._._ No action in 1974

SB 300--Prisoners, Transfer while Appeal Pending;

change request procedure ___.________________,,_-_--_--_------ No action in 1974

SB 302--Firemen; lung or heart disease considered accidental,

in line of duty --------------------------------

No action in 1974

SB 303--City of Atlanta; repeal Act creating area planning

and development commission

. _....._..---_--.__. .. _. 24

SB 312--Administrators, Guardians; same right of reinvestment

as executors and trustees __......_._._...._..._.------------.. No action in 1974

SB 315--Motor Vehicle Insurance; provide for

no-fault plans ............__....____...._.......... No action in 1974

SB 316--Alimony, Divorce; revise Code Section ......_.._._ ..._. No action in 1974

SB 317--Fulton County; Director of Registration and Elections,

create office ...... ....----------------------.No action in 1974

SB 318--Fulton County; additional tax on alcoholic

beverage sales

._._----........No action in 1974

SB 319--Fulton County; Director of Registration and

Elections, create office _..._._.____...__----------.__.__......._ No action in 1974

SB 320--County Probation Systems; financed by State ........ No action in 1974

SB 326--Pardons and Paroles Board; aged or disabled

inmates, parole ._...__..._.___.._._.._....._._._..._._..----.-.----... 2230, 2400, 2590

SB 329--Senate; install electronic voting machine ............. No action in 1974

SB 330--Human Resources Department; establish facilities and

programs for treatment of alcoholism --149, 172, 236, 2519, 2521, 2590

SB 333--Ordinary; approve settlement between parties

to wills --..--_--.----------------.----_----..--------------------------31, 85, 92

SB 335--Grants to Students Attending Non-university System

Schools; revise provisions ------__------------------.No action in 1974

SB 337--Public Safety Department; remove certain employees

from uniform division .. ...... .__......__..._..._.._._.___.___._ No action in 1974

SB 340--Driver's License; revocation or suspension required,

certain offenses .

...... .......

. 363, 389, 444

SB 342--Elections; provide for non-partisan elections

for appellate, superior and supreme

court judges ----------------------..___...__..__..--------__ No action in 1974

SB 343--Driver's License; suspended on first nolo contendre

plea for drunk driving ________________________________.--__._. No action in 1974

SB 345--Motor Vehicle Operator; illegal to flee or elude

police officer --------------------___..._--__--.------ ....... No action in 1974

SB 346--Peace Officer Standards and Training Council;

provide for membership --------------_------_------ ...No action in 1974

SB 347--Alcoholism Treatment; included in group hospitalization insurance . _________________. ----___. -No action in 1974

SB 348--County Tax Assessors; property appraisal every five years .........--------_.._.-------------------- No action in 1974

2696

INDEX

SB 350--Minimum Wage Law; change for

certain employees ----------------------------------...... No action in 1974

SB 351--Fulton County; prohibit distribution or possession

of artificial sexual organs .

_

.. No action in 1974

SB 352--Detention Facilities; provide minimum

standards .._.____.___.._._..._._____.____._..._..._...__.._..._.._._....... ._ . No action in 1974

SB 354--City of Milledgeville; change corporate limits ........No action in 1974

SB 355--Plea Bargaining; provide for ................_.._._... ..... No action in 1974

SB 356--Minimum Foundation Program of Education;

reduce local units' contribution ......................... ....... No action in 1974

SB 357--General Assembly Members; illegal to accept compensation

for sponsoring legislation ._._._..__............_._.. ................No action in 1974

SB 359--State Officials; legislation affecting salaries

must be introduced within first 10 days of

session, fiscal note required ________....-..___________._.._..__. No action in 1974

SB 360--Medical Advisory Board; provide for within

Public Safety Department ...___-------------------- No action in 1974

SB 362--Equalization Board for Property Tax;

repeal Act creating--------------------.--................... No action in 1974

SB 363--Nurses Examining Board; appointment of members ...... 1127, 1131

SB 367--Bar Examiners; change number ------__.__.._--------._ No action in 1974

SB 371--Possession of Weapons; exempt persons registered

under National Firearms Act from criminal

provisions ------_--_--._-_______.___-__------_------._ No action in 1974

SB 372--Firearms and Weapons Act; add provisions of

National Firearms Act ....... ........................................ No action in 1974

SB 373--Judicial Hospitalization of Patients; abolish,

authorize only medical admissions ......_..... ....... .... ... ....... 24, 149, 190

SB 375--Court Reporting; define terms, regulate .......... .. .... No action in 1974

SB 376--Uniform Traffic Citations; change effective date ... No action in 1974

SB 378--Traffic Accidents; hit and run drivers punished as

felony, certain cases .........--.----------........--.......___.No action in 1974

SB 379--Guardians of Incapacitated Persons; change appointment

provisions, redefine terms ------------------------ ... No action in 1974

SB 380--Hospitalization of Mentally 111; change

emergency procedures ---------- ....... ................. ______ No action in 1974

SB 381--Drug Dependent Persons; emergency hospitalization

procedures .....-- _..------------. .--........................No action in 1974

SB 382--Election Day; declare legal holiday .--........... _ ..No action in 1974

SB 383--Election Registrars; college deputies register

only students or employees ....._.._._..._....._._.... _____________ No action in 1974

SB 384--Voter Registration Places; change time for

additional places, counties over 100,000 ______________ .... No action in 1974

SB 385--Firearms; illegal to alter serial number _________________ No action in 1974

SB 386--Bail; minimum for aggravated assault against

law enforcement officer ------.... ......--.........--.._... . ...... . ......110

SB 396--General Assembly Members; disclose transactions for profit with State or political subdivision __________ No action in 1974

SB 397--Barber Establishments; regulate manicurists and technicians _----------_------------._____..-- _________.____________No action in 1974

SB 400--Peace Officers; protected from false arrest suits ... No action in 1974

SB 401--Theft; change certain punishment provisions .. _ ..No action in 1974

SB 406--Fannin County Sheriff; additional deputy ........... No action in 1974

SB 407--Railroads; provide visual and audio signalling devices

at certain crossings . .-------- .

_ No action in 1974

INDEX

2697

SB 410--Motion Picture Operators; exempt from provisions of

Act prohibiting harmful material sales to minors ----------------24

SB 411--Election Districts; reduction of size,

delete certain provisions

No action in 1974

SB 412--Fulton County Airport; change name to

Charlie Brown ._...._.___.__.___._._...__..._._._._._._...______._.__.___._._.. 2182, 2222, 2590

SB 413--Clarkesville, City of; new charter -------------.------No action in 1974

SB 416--Stone Mountain Judicial Circuit; additional

judgeship

_..------ _.-------No action in 1974

SB 418--Ethics Committee; create in General Assembly ___.____._______________________684

SB 420--City of Blue Ridge; maximum ad valorem tax rate ...... ..._._._.____....__.._._._._........._,,.,,..._.................................... 1363, 2589
SB 421--World Congress Center; Executive Board, annual reports to General Assembly ___-------------- -- ----.-.------24

SB 422--Divorce; additional ground --------------------

-- -- ...--.171

SB 423--Sand Dunes Protection Act; enact ---.-----------------------687, 690

SB 424--State Senate; reapportion districts 9, 10 and 13 ............ 276, 303, 342

SB 425--Fulton County Superior Court;

additional judges ........... 20, 1130, 1137, 1384, 1612, 1753, 1769, 1774,

2534, 2535, 2590

SB 426--Election Code; amend relating to campaign

finance ........._..._......_........_..._..._......... ___._........_._._...._._._._...._..._......._....45, 684

SB 427--Medical Practice; license revoked for drug offense

conviction cannot be reinstated -.._.........--.__...--.--.--._____.._._._...._..___.__.45

SB 428--Drug Abuse; prohibit sale of hypodermic syringes and other devices except to authorized persons .......45, 685, 688, 767, 777
SB 429--Drug Abuse; change penalty provisions for possession of marijuana ___________________________-45, 111, 150, 174, 825, 2589
SB 430--Parades; motorcycles and motor vehicles authorized to operate, certain cases ......... .................... 46, 78, 90, 144, 2047, 2589
SB 431--Drug-Dependent Persons; establish penalties for drug violations _______________________________.... -- - .-------46, 111, 150, 178
SB 432--Natural Resources Board; regulations issued in accordance with Administrative Procedure Act __..______.....___..______...--46
SB 433--Tape Recordings; prohibit reproduction or distribution without owner's consent __......___.___.___.__..___.46, 276, 303, 399
SB 434--State and National Flag; exempt from sales tax ___________________.__._..-46 SB 435--Abandonment of Minor Children;
change penalty .._.__._..._._._______......._.._._____._______.___._____________.46, 331, 364, 399 SB 436--Insurance; vehicle insurers reports and rebates _________________.._.,,..___. 47

SB 437--Public Contracts; contractor withdraw retained funds upon deposit of certain securities ......... --------47, 171, 207, 315

SB 438--Municipal Home Rule; relating to publication of notice of salary change of employees .___--------.--47, 757, 760, 842, 860

SB 439--Private Passenger Automobile; change definition .............................................. 47, 72, 206, 235, 286, 458, 672

SB 440--Residency Requirements for Employees; cities, counties prohibited --47, 385, 435, 556, 557, 587, 932, 949, 1811, 2589

SB 441--Compensation Legislation; roll call vote required for State officials' salary increase _._._...47, 233, 278, 311, 2534, 2539, 2584, 2590
SB 442--Business Activities; required to close one day a week during energy crisis ------------------------------ . ....------48

SB 443--Civil Practice Act; order granting summary judgment subject to review --------------------------------48, 387, 435, 478, 479

2698

INDEX

SB 444--Georgia Court Reporting Act; regulate

practice _-_._._.___..._....____________________..___...48, 833, 932, 953, 2550, 2552, 2590

SB 445--Upson County Board of Education; members and

districts

.............48, 109, 149, 173, 420, 454

SB 446--Teachers' Retirement; prior service credit ........48, 606, 611, 842, 843

SB 447--Teachers' Retirement; full benefits after

30 years' employment .........................._.,,...................................... . .. .... . 49

SB 448--Highways; maximum speed 55 miles per

hour ._...._...... ........................._..._.......49, 78, 91, 145, 593, 633, 1308, 1573

SB 449--Drug Laws; redefine marijuana ................................ 49, 233, 278, 318

SB 450--Bicycles; require certain reflective

materials .... 49, 206, 235, 288, 2049, 2068, 2181, 2217, 2230, 2245,

2590

SB 451--Teachers; allow additional accumulative sick

leave .............................................49, 386, 435, 556, 563, 2230, 2369, 2590

SB 452--Tape Recordings; prohibit reproduction or

distribution without owner's consent - ----._..._... . _._........_...._.. ... 49

SB 453--Superior Court Judge Emeritus; serve as State court judge,

certain cases ...................._..._..._..._......._.................._........50, 234, 278, 312

SB 454--Political Campaign; provide for disclosure of

contributions and expenditures by candidates ... 50, 684, 690, 768, 791,

2084, 2229, 2584, 2589

SB 455--County Police Officers; may request assistance from

Public Safety Department . .. . __ ............50, 110, 150, 175, 2047, 2589

SB 456--Pardons and Paroles Board; notify sentencing judge and

district attorney in writing of early prisoner release .. ................ . .50

SB 457--Criminal Cases; life sentence required

on third felony conviction ...... .. ......_..._............................ ...... ....... 50

SB 458--Bail; procedure when on appeal after conviction . ................51, 206

SB 459--Shotgun; define under Firearms Act ...51, 110, 150, 186, 2084, 2100,

2589

SB 460--Public Meetings; city and county governing

authorities must give prior notice ._..----------........... ......................51

SB 461--Honey; amend Georgia Food Act relating to labeling ._..._.........._._.._.___...__......_................51, 149, 172, 221, 2047, 2589

SB 462--Utility Rates, Service; Public Service Commission

approval required prior to changes _.............................

51

SB 463--Utility Rates; prior notice required for hearings by Public Service Commission on proposed changes ... ............... ______ 51

SB 464--Bicycle Trails; provide for ________________________________ 52, 540, 542, 616, 617

SB 465--Pardons and Paroles Board; additional procedures for persons appearing in behalf of prisoners ........................... 73

SB 466--Judge, Criminal Cases; determine concurrent or consecutive service of sentence -...-....-...-......-........_...,,----------.--------.... ... ......... 73

SB 467--Superior Court Clerks; define duties relating to boards of jury commissioners _.__________.--.--_._.__. 73, 387, 436, 478, 480

SB 468--Joint Legislative Committee on Performance Evaluation and Expenditure Review; create _______ 74, 430, 465, 556, 616

SB 469--Motor Vehicle Operators; prohibited from wearing devices which impair hearing or vision ....74, 110, 150, 179, 2048, 2589

SB 470--Senate and House Standing Committees;

provide for membership and number ....... . .... ... ...

74

SB 471--Governor; annual reports to General Assembly on goals and policies _.____._._._._.._........_..74, 430, 466, 556, 577, 2583, 2590

INDEX

2699

SB 472--Motor Vehicle License; exempt trailers

with no springs used for certain purposes ----74, 149, 172, 222, 2046,

2589

SB 473--Employees' Retirement System; Warm Springs

Foundation employees receive credit _______.__.- -- . .. --------75

SB 474--Financial Disclosure and Conflicts of Interest Act;

enact ....._.....

.

....75, 684

SB 475--Criminal Cases; attorney prohibited from defending person

he formerly prosecuted ........._........_..._._._._._........._._._........ .------75, 206

SB 476--Rabbits; included within provisions of Georgia

Meat Inspection Act ........................_..._......75, 149, 172, 224, 2048, 2589

SB 477--Reapportionment; change Senatorial districts

15 and 16 .. .. ...... --------------------75, 109, 150, 176, 1366, 2589

SB 478---Cobb County; set apart one day as common day of rest ____.--.........76

SB 479--Distribution of Obscene Materials; change certain provisions

in Code relating to definitions and penalties ----------.76, 275, 303, 347

SB 480--Veterinary Medicine College of University of Georgia;

create Advisory Board ...-- 88, 465, 466, 556, 616, 629, 2049, 2069, 2588

SB 481--Reapportionment, Senate; change districts 9, 10 and 13 ...... - .. 88, 430

SB 482--Corrections Board; change provisions for prisoner

transfer while appeal is pending ....... 88, 331, 364, 478, 500, 2229, 2258,

2590

SB 483--Used Car Dealers Registration Board;

bond required for licensing . ................. 89, 276, 303, 349, 2174, 2590

SB 484--Bicycle Lanes on Public Highways; provide for

under Scenic Trails Act .._._..._._.....__._.__.._......__.----89, 540, 542, 616, 619

SB 485--Public School Employees; prior service credits

for retirement, certain cases _._.__......__..._. 105, 606, 611, 703, 2175, 2590

SB 486--Honey; amend Georgia Food Act relating

to labeling ......... ....... ---------------------------- ....._.._................_.._.._106

SB 487--Flovilla City Court; prosecuting officer ----..-.106, 205, 234, 279, 737,

2589

SB 488--Deaf Sign Language Interpreters; provide for in

administrative and judicial proceedings _._.................106, 331, 364, 397

SB 489--Jurors; provide for expense allowance in

lieu of salary ............. . ----------------..-.106, 277, 303, 326, 2176, 2590

SB 490--Minimum Foundation Program of Education;

provide for State funding _.....__._..........._...__.........._..._....... ..._.._._.........._106

SB 491--Ad Valorem Tax; property used for food or

cotton production separate class ..... ..............107, 917, 929, 1026, 1028

SB 492--Contract for Purchase of Agricultural Commodity; invalid without performance bond . ._._._._____..,,.._.___._..__---..-.._____..-- . ..107

SB 493--Food Service Establishments; employment of persons with communicable diseases prohibited ............_._._...--.-... --107, 685

SB 494--District Attorneys, Certain Investigators; authorized to carry concealed weapons ... 107, 171, 207, 255, 2176, 2590

SB 495--Drug Abuse Control Act; supersede and repeal ................. -----107, 277, 303, 338, 368, 392, 2049, 2085, 2589

SB 496--Georgia Bureau of Investigation; create as separate State department ..-.----.108, 387, 436, 478, 523, 1579, 2588

SB 497--Property Used in Commission of a Felony; provide'for confiscation and sale of --147, 331, 365, 409, 1326, 1384, 1446
SB 498--Dental College Clinics; authorize outside the county in which college is located ---------147, 388, 436, 478, 497, 2175, 2590

2700

INDEX

SB 499--Public School Consolidation; prohibit if travel and

school time per pupil exceeds certain limit _______ 147, 330, 365, 616, 644 SB 500--Electric Membership Corporations; authorize compensation
for directors __________________________ 148, 541, 542, 616, 703, 709, 2174, 2590

SB 501--Historical Sites; exempt property used in restoration from sales tax _.______.________..____.___..__._ ______ 148, 275, 304, 369
SB 502--American History Month; designate month of February each year for observance ____ .. 148, 275, 304, 346, 2582, 2590

SB 503--Litter Control Law; change penalty for littering ______ 148, 686, 688,

768, 842, 887, 2046, 2589 SB 504--Married, Pregnant Pupils; provide for instruction

in public schools _...... ----------148, 277, 304, 344, 2049, 2093, 2589

SB 505--Douglas Judicial Circuit; create __________ 167, 277, 304, 337, 2582, 2590

SB 506--Deaf Sign Language Interpreters; provide for

in administrative and judicial proceedings ___ -- 167, 277, 304, 379, 404,

2181, 2371, 2477, 2481, 2538, 2555, 2584, 2590

SB 507--Miller County State Court; repeal referendum

to abolish --------------.._..--..------------167, 275, 305, 331, 592, 2589

SB 508--City of Augusta; change employees retirement age __________________ 168

SB 509--Court Reporting Act; provide for regulation

and certification _____________________________________________________ _ ... ______________ ______168

SB 510--Criminal Cases; provide for discovery and inspection ____________________168

SB 511--Settlement Agreements; prohibit releases or statements

from injured persons

------._.___

______________ 168

SB 512--District Attorneys Emeritus; change service

computation for retirement _______________ 168, 759, 761, 932, 933, 2175, 2590

SB 513--State Employees Health Insurance Fund; provide for

investments

.

_ ______________ 198, 275, 304, 341, 1812, 2588

SB 514--Employees' Retirement System; credit for

prior legislative branch service, certain cases ---------------

_ 198

SB 515--Teachers' Retirement System; prior service credit,

certain cases

-- -- .......________________________________________ 198

SB 516--Civil Cases; motion to set aside, additional

provisions ------------------------198, 387, 436, 478, 495, 2583, 2590

SB 517--Bail Bond, Recognizances; forfeiture for failure

to appear ............................. ----______199, 759, 760, 842, 870

SB 518--Trial Judges and Solicitors Retirement Fund;

change provisions on death before retirement ___ ................ .. 199

SB 519--Corporations; additional source for publication

of notices ______.._._.__...__..___________________________....___.___._...199, 388, 436, 617, 646

SB 520--Local Retirement Systems; provide for certain requirements and reports ................199, 759, 761, 932, 941, 1809, 2589
SB 521--Retirement Legislation; provide for fiscal notes and actuarial studies .................. _____ 199, 759, 761, 842, 846, 1810, 2589
SB 522--Ordinaries; provide for minimum salaries ______________ 199, 329, 365, 401, 1813, 1949, 2589
SB 523--Escape; unlawful to aid another prior to and after conviction ___________________________________________________________________________ _____ 200
SB 524--Teachers' Retirement System; additional service credit, certain cases ----___.__..___.._..----_.___.--------___ 200, 1011, 1016, 1144, 1146
SB 525--Atlanta Pensions; Armed Forces service credit ... .. . . . . .. ...........200 SB 526--Atlanta Pensions; cost of living escalation _____________________ . . .. . . .. 200

SB 527--Licensing by State Examining Board; citizenship not required of applicants .,,..._.._......._._._...__......_......._............ .... 200, 1565

SB 528--Cities Over 300,000; special zoning ordinances granted, certain cases ......__.....___.__..----______........201, 1126, 1132, 1238, 2175, 2590

INDEX

2701

SB 529--Atlanta; repeal certain zoning and planning

acts _----.-.__.............-__...__------------------201, 275, 305, 332, 2045, 2589

SB 530--Teachers' Retirement System; minimum allowance

apply to local systems ..._._..._..... 201, 1011, 1016, 1144, 1149, 2046, 2589

SB 531--Interest on Loans; increase maximum rate on installments ...........201

SB 532--Interest on Loans; increase maximum rate on installments _.._....__ 201

SB 533--General Assembly; provide for compensation of Secretary of the

Senate and Clerk of the House ....... 201, 384, 436, 478, 519, 2047, 2589

SB 534--Atlanta Firemen Pensions; change eligibility provisions --------202

SB 535--Teachers' Retirement System; change creditable service

for eligibility ...--........ ----202, 759, 762, 842, 883, 1813, 1950, 2589

SB 536--Superior Court Judges' Retirement Fund;

change provisions on death before

retirement .__------------...--------------._..----.._.....,,...... ----...-- 202

SB 537--State Forestry Commission; manage and protect

any forest lands under jurisdiction ----..228, 541, 542, 617, 652, 2046,

2589

SB 538--Forestry Commissioner; acquire by gift land

for tower sites ..----.----........------228, 541, 542, 617, 653, 2047, 2589

SB 539--Social Security Coverage; extended to secretaries of

Superior Court Judges and District Attorneys ... 228, 388, 437, 478, 502

SB 540--Assistant District Attorneys; social security coverage,

certain circuits _------------..----------.___..............228, 388, 437, 479, 503

SB 541--General Assembly; provide for registration and regulation

of lobbyists ...--..----...--------....---- ---- 228, 1589, 1594, 1858, 1939

SB 542--Thomas County Small Claims Coui't;

change cost provisions _...------------ 229, 385, 432, 472, 1366, 2589

SB 543--Foreclosure of Mortgages on Personalty; change procedures

for summons, hearings and appeals ........__------_----_..--_._.___--...229

SB 544--Firearms; illegal to alter or modify serial

number ... ---- _------------_...___._------_.........--229, 387, 437, 479, 498

SB 545--Child Support Recovery Act; amend provisions relating

to payments --.... ......--------------------.----.....229, 431, 466, 932, 946

SB 546--Medical Practice; license revoked upon second

conviction for felony --------......_...----____------.._...------..----------...229

SB 547--Narcotic Drugs; physical exam required within

last five years before prescribing

.... 230, 685, 688, 768, 816

SB 548--Planning and Development Commissions; prohibit from

certain contracts, require annual budget ----_ 230, 329, 365, 413, 417,

479, 505

SB 549--Petroleum Product Dealers; additional regulations

and requirements .------ ....--.------....------------------------230, 758, 760

SB 550--Petroleum Products Dealers; giveaway programs prohibited .._..--.----.........._...--.----......----.------.------------....... 230, 758

SB 551--Alcoholic Beverage Sales; change provisions for employment of persons under 18 ----267, 606, 610, 703, 706, 1813, 2589

SB 552--Atlanta; authorize sale of alcoholic beverages during certain hours on Sunday ......------------.------------...----------.-267

SB 553--Special Elections; extend time for voter registration ....._--..-------- ..----------.......----.----.. 267, 330, 365, 410

SB 554--Rape Conviction; removal of testicles required, certain cases --------... 268, 388, 437, 617, 843, 861, 904, 1241, 1612, 1763

SB 555--Motor Fuel Tax Law; change exemption provisions for nonhighway fuel other than gasoline ---- 268, 330, 365, 412, 2583, 2590

2702

INDEX

SB 556--State Examining Boards; extra credit on exams

to veterans' widows ________._......___.._._......

268, 363, 389, 447

SB 557--Vital Areas; provide for development and use .. ......... ................268

SB 558--Proprietary School Act; change certain provisions

relative to school representatives ... 268, 386, 437, 556, 566, 2175, 2590

SB 559--Universities, Colleges; repeal provisions requiring

certification by State Education Board .._.__.._......._.,,--. ........ - ..--....269

SB 560--Milk Products; wholesale price lists filed with

Agriculture Commissioner ... 269, 329, 366, 397, 2215, 2217, 2230, 2589

SB 561--Warranty Deeds; derivation clause required _--_....-- .....-- 269

SB 562--Hospitalization of Mentally 111; change

emergency procedures ....._____________ 269, 431, 466, 556, 575, 2175, 2590

SB 563--Hospitalization of Alcoholics, Drug Dependent Persons,

Emergency; change examination procedures ...._._...269, 431, 467, 556,

576, 2175, 2590

SB 564--Grants to Students Attending Non-University

System Schools; change amounts, include

graduate students ......__._............. 270, 1130, 1131, 1241, 1242, 2175, 2590

SB 565--Public Sales of Property; provide for alternate

days for holding, certain cases ___________.___.____________270, 387, 437, 479, 499

SB 566--Jackson, City of; elective officials &

condemnation proceedings __..___._....._.._... 296, 385, 432, 473, 2046, 2589

SB 567--Atlanta; zoning and review board .._._______ 296, 385, 433, 473, 2045, 2589

SB 568--Ambulance Service; change period for provisional licenses ....... 297

SB 569--Youthful Offenders; change penalties under Children

and Youth Act .

......__.........._..._...._......_. 297, 432, 467, 556, 579

SB 570--Divorce; provide for attorneys' fees in

certain actions ______._____________.....________-......_______.........__ 297, 432, 468, 556, 580

SB 571--Education Boards, Counties; may pay premiums on

insurance policies for employees ------.___.----. 297, 386, 438, 617, 656

SB 572--Corrections Board; guards and wardens, police

powers _....___._...._. ...................... 297, 605, 610, 703, 720, 2548, 2551, 2590

SB 573--Orthotists and Prosthetists Practice Act;

regulate practice ..... ____________________________________ ..298, 685, 688, 768, 817

SB 574--State Scholarship Commission; include veterinary

medicine for grants _._......_.____...298, 388, 438, 479, 556, 567, 2046, 2589

SB 575--Governor; authorized certain emergency

powers .... ._.________.__-..._______.--.. __________ _________ 298, 684, 690, 768, 843, 870

SB 576--Miller County Court Judge;

compensation ._______________...._______________.________..___324, 429, 469, 543, 994, 2588

SB 577--Workmen's Compensation; education board employees

included, certain cases ____.._________..._ 324, 386, 438, 932, 945, 1241, 1257

SB 578--County Tax Equalization Boards; clarify members'

qualification requirements .....................................................S25, 917, 929

SB 579--School Funds; authorize use of for certain extracurricular

activities ________..______________________325, 431, 468, 556, 571, 2182, 2370, 2589

SB 580--Prisoners Serving Life Sentence; eligible for

parole after fifteen years .___________....----......325, 1326, 1328, 1384, 1394

SB 581--Bryan County; mixed drink sales

authorized _...____________....._______________________325, 606, 610, 703, 723, 2583, 2590

SB 582--Chatham County Board of Elections;

change provisions ________._._____..._.________325, 429, 469, 544, 1197, 1434, 2589

SB 583--Planned Growth and Development Act; provide for procedures and State assistance ....... ____________ .________325

SB 584--Wilkes County School Superintendent; appointment ____...._____________.--_.____________.-____357, 429, 469, 544, 2176, 2590

INDEX

2703

SB 585--Oglethorpe Development Authority;

change composition ................_...._...__........ 357, 429, 469, 544, 994, 2589

SB 586--Ten Commandments; permit reading in school

classrooms .... .. .. ..........__.._..._...._._..........._._.... 357, 464, 468, 617, 657

SB 587--Public Safety Department; uniform division commander's salary

set by Board of Public Safety . ......... 357, 430, 468, 556, 570, 2397, 2418,

2590

SB 588--Tax Assessors Board; notice of assessment changes contain

additional information ___.__..._____.....___..____._________________.___..... ....357, 602, 612

SB 589--Loans; change maximum interest rate, certain

cases . . ........357, 602, 612, 703, 708, 949, 1026, 1091, 1112, 1293

SB 590--Interest and Usury; change maximum rate charged _................ ----358

SB 591--DeKalb County Board of Registration and Elections;

powers and duties ........_......._...._..._..._..................._........._...._........ ... .......358

SB 592--Georgia Barber Act; change license

requirements

. 358, 430, 468, 556, 573

SB 593--Ad Valorem Tax; homestead exemption on school taxes,

62 years certain income ....................__.._._....358, 602, 613, 768, 843, 872

SB 594--Trucks, permits to exceed size and weight limitations,

transporting loads which can be dismantled ... 358, 541, 542, 932, 976

SB 595--Trucks; maximum size and weight limitations

increased by Executive Order of Governor .. ...... ... .__._.____._...____... 359

SB 596--County Taxes; provide for delinquent penalties on

unpaid taxes . ........... ............. ....... ............. 359, 684, 688, 932, 959, 1170

SB 597--Oglethorpe County Superior Court Clerk;

compensation ........ ........... .. ..... .. -.359, 429, 469, 547, 995, 2589

SB 598--Driving While Drunk or on Drugs;

change punishment provisions ... .. .. ._____.._._____.______.__.__________..___----381

SB 599--Driver's License; notation showing donor under

Anatomical Gift Act .. ..........._......_......._....._. 381, 685, 689, 768, 933, 940

SB 600--Trust Company; define what corporations authorized

to use term ............... ...... . .. . ....... 381, 602, 613, 703, 711, 1809, 2589

SB 601--Human Resources Department; provisions for cost

of care of patients in State institutions ..---382, 604, 611, 933, 952

SB 602--Workmen's Compensation; revise and clarify provisions

for coverage .. ................................... 382, 540, 543, 617, 659, 2174, 2590

SB 603--Mentally Incompetent Persons; provide for sterilization

before marriage ............ .......... ....._......._.._..... 382, 686, 690, 933, 967

SB 604--Admission to State Bar; change provisions on out of State

applicants .

... . ... 422, 758, 760, 843, 866, 904, 1241, 1243

SB 605--Transportation Code; technical clarifications

and corrections ..... ................ 422, 686, 689, 843, 863, 2083, 2098, 2590

SB 606--Area Planning and Development Commission Overview

Committee; create .... .......... ......._................. . ... .. ..................... .422

SB 607--Georgia Industries for the Blind; change from

Georgia Factory for the Blind .. ......... .......... .. 423, 604, 611, 703, 716

SB 608--Public Safety Department; change provisions for incentive pay increases, certain employees - ...... .. 423, 755, 761, 843, 892, 2176, 2590
SB 609--MART A, Rapid Transit Authority; change membership of board of directors ------423, 918, 922, 1026. 1144, 1183, 1276, 1384, 1386
SB 610--Wills; specific devise pass subject to lien . ----------------'----------------458, 758, 761, 933, 947

SB 611--Georgia Health Code; examining committee members, payment _._.......__._..._._.._....._._._._._._.__....._..458, 604, 612, 933, 948

2704

INDEX

SB 612--Medical Practice, State Board of Medical Examiners; revise provisions, powers and duties ________459, 685, 689, 768, 780,

1813, 2086, 2589 SB 613--Dangerous Drugs; provide who may
prescribe ____________.______459, 685, 689, 768, 843, 895, 2176, 2590
SB 614--Senate Standing Committees; provide for ___________ _____________ 459, 1130

SB 615--State Officials; U. S. citizenship required for all positions ____________ ________._.... 459, 684, 690, 768, 843, 894, 1811, 2589
SB 616--Mental Health Services; provide uniform Statewide program _... 459 SB 617--Drug Dependent Persons; change provisions for
treatment __________________________ 460, 604, 612, 703, 768, 843, 873 SB 618--Chatham County; mixed drink sales, certain
hours ___________________________460, 606, 610, 703, 721, 732, 843, 882 SB 619--Motor Fuel Tax; exempt sales to school
systems ________..._._.______..._______________460, 755, 761, 933, 1241 SB 620--Prosecuting Attorneys' Council; create __._.__.__._.._.........._.._._.._......--534

SB 621--Travel Agency Business; prohibit banks from participating 534

SB 622--Banks; prohibited from engaging in business

of preparing income tax returns ____________________________ ____________ ______535

SB 623--Polk County State Court Judge;

compensation ....__...__..__._._.............535, 756, 766, 834, 2048, 2092, 2588

SB 624--Polk County Sheriff and Deputies;

compensation ______________________________ 535, 756, 766, 834, 2048, 2092, 2588

SB 625--Financing and Investment Commission; declared agency

of the State .....__ 535, 602, 613, 843, 896, 2084, 2122, 2589

SB 626--Investigative Grand Juries; provide for

appointment _..._.

_____ 535, 833, 834, 933, 983

SB 627--Governor; convey certain Richmond County

property to Ports Authority _____ 536, 758, 762, 843, 864, 2046, 2589

SB 628--Industrial Property; owners file tax returns directly

to Revenue Commissioner _____________________________________________________ .....536

SB 629--Human Relations Commission; create ......_.........._...._.... 536, 1127, 1131

SB 630--DeKalb County School Board Districts;

change provisions ____..-----------_--__..-----------________-------..........536

SB 631--Cooperative Educational Service Agencies Act;

amend relating to financing __________ 595, 757, 762, 843, 865, 2582, 2590

SB 632--Evans County Ordinary;

compensation ______.....________________595, 756, 766, 835, 1738, 2589

SB 633--Planning and Development Commissions; change provisions

on membership and public hearings . .

_ _._..___ ____595

SB 634--Workmen's Compensation; additional benefits to dependents

of firemen, law enforcement officials killed in line

of duty __________..__________595, 1217, 1224, 1384, 1390, 2176, 2590

SB 635--Constables; certified under Peace Officer Standards and

Training Act __________.._______________595, 1218, 1224, 1384, 1388

SB 636--Arrest Warrant; change information contained ................... 596, 1011

SB 637--Constables; certified under Peace Officer Standards

and Training Act ____________________ _. ____________ 596, 1011, 1144, 1151

SB 638--Constables; change fees received _________ _______596, 1327, 1332, 1384

SB 639--Justices of the Peace; change fees ________._._.__.596, 1327, 1332, 1384

SB 640--Justices of the Peace; issue summons in lieu of

warrant, certain cases

...___...__-.._.____ 596, 1011

SB 641--Property; establish criteria to determine fair market value _____________________ 596, 917, 929, 1026, 1030, 2583, 2590

SB 642--Municipal Elections; change time for registration, provisions for publication of notice of special elections__597, 684, 691, 843, 889

INDEX

2705

SB 643--Deceptive Practices; fraudulent attempts to obtain refunds unlawful ._......___._._._.__.._.._.. 597, 919, 922, 1026, 1027, 2582, 2590

SB 644--Planning and Development Commissions;

restrict headquarters locations _...------------------------597, 919, 922

SB 645--Cook and Berrien Counties Small Claims Court;

increase jurisdiction ........... __------........ 678, 918, 926, 1018, 2174, 2590

SB 646--Architects; redefine practice, change

provisions _._..___._...__._._..._. ........ 679, 756, 762, 843, 891, 1999, 2006, 2588

SB 647--Utility Rate Changes; change time for schedule

suspension, bond provisions ._......... ----._._.._._.._._._._.. ..----------------679

SB 648--Enigma; municipal elections -----679, 918, 926, 1018, 2174, 2590

SB 649--Maternal Health Council; change membership and name

to Maternal and Infant Health Council..------..----.679, 921, 922, 1384,

1385,2177,2590 SB 650--Ambulance Services Act; enact - ------------------..----------679, 1008

SB 651--Pulton County; create magistrates' courts in lieu of justice

of peace or notary public ex officio j.p. ..----------.....--679, 2393, 2394

SB 652--Dangerous Weapons; change provisions for license

to carry pistol ._..... ......................----... .......680, 1009, 1012, 1144, 1152

SB 653--Executive Center Fine Arts Committee;

establish ....----... ------------------.... . ......680, 1217, 1225, 1384, 1612

SB 654--City of Hiawassee; new charter ....... --741, 918, 926, 1019, 2046, 2589

SB 655--Baldwin County; liquor license and excise tax ....-- 742, 918, 927, 1019

SB 656--Labor Organizations; enter agreement with

employers for union dues ----------------__. ...........------.............. - - -742

SB 657--Insurance; change provisions on certain documents

required, taxes on surplus line brokers and assets

eligible for deposit ........... 742, 1007, 1012, 1144, 1153, 2083, 2099, 2589

SB 658--Mobile Homes Standards Act; change reciprocity

provisions on fees ......... .

742, 921, 922, 1027, 1032, 2174, 2590

SB 659--Hapeville; increase employees

benefits . ..................................... ...742, 1126, 1133, 1227, 2177, 2590

SB 660--Narcotic Drug Act; change punishment for certain offenses ........742

SB 661--Fulton County Alcoholic Beverage Sales; hours ...... .

. 743

SB 662--Commercial Taking of Shrimp and Crabs; change

provisions ...........---------.----.743, 1010, 1012, 1144, 1156, 2048, 2589

SB 663--Shrimp and Crab; bond required for

commercial taking ________ __ .... 743, 1010, 1012, 1145, 1157, 2048, 2589

SB 664--Taking of Crabs; provide time limits and

locations ------------------743, 1010, 1013, 1145, 1158, 2478, 2482, 2590

SB 665--Minimum Foundation Program of Education; change

provisions for regional public

libraries . ..... .........................743, 920, 922, 1027, 1093, 2583, 2590

SB 666--Highways; exempt from sales tax material sold to cities

and counties for repairs or construction ____744, 1010, 1017, 1145, 1159 SB 667--Au'gusta-Richmond County Coliseum Authority

Act; purpose

..... .. .... 744, 918, 927, 1019, 1739, 1746, 2589

SB 668--Veterinarians, Boarding Kennels; lien on animals for

payment of charges ...744, 1006, 1013, 1145, 1167, 1739, 1813, 2007, 2589

SB 669--Veterinary Practice Act; powers and duties of Board, clarify provisions _ .. . 744, 1006, 1013, 1145, 1168, 1740, 1811, 2589

SB 670--Metric System; public agencies use in addition to present system for public representations . . ........ ... . ......

.---744

SB 671--Bail; provide for release prior to trial, certain offenses ...............826

SB 672--Adequate Program for Education in Georgia (APEG) ;

provide ___.___.826, 920, 923, 1027, 1145, 1241, 1384, 1396, 2182, 2225, 2590

2706

INDEX

SB 673--Anatomical Gift Act; amend to provide definition

of death ______________ ______ ___________ ....... 826, 920, 923, 1145, 1185

SB 674--Practical Nurses; Board of Examiners

set fees ________

........ ______ 827, 1008, 1013, 1145, 1180, 2177, 2590

SB 675--Nursing Practice; define ________ ____ ___ 827, 1008, 1013, 1145, 1241

SB 676--Registered Nurses; change qualifications, Board of

Examiners set fees . _ __ 827, 1008, 1014, 1145, 1181, 2519, 2524, 2590

SB 677--Marriage and Family Counseling; regulate, provide

for licensing ________ . ______ ______ ^ ___________ ___ 827, 1217, 1225, 1769

SB 678--Wilkinson County Ordinary; clerical assistants,

compensation _________ ______ ______ ___909, 1126, 1133, 1227, 1738, 2589

SB 679--Baldwin County Court Judge and Solicitor;

compensation ..... ............ ..... _______ 909, 1126, 1133, 1232, 1738, 2589

SB 680--Employees of State, Cities, Counties; salary deferred

with consent ____________ ...... __ .._........_....... ........ ..... ....... 909

SB 681--World Congress Center Executive Board;

reconstitute and continue . ... ______ 910, 1126, 1132, 1241, 1287,

2397, 2401, 2590

SB 682--Default Judgments; change provisions _._ 910, 1565, 1560, 1613, 1626

SB 683--Attorney General; legal representative for State

Financing and Investment Commission _ 910, 1128, 1131, 1241, 1257

SB 684--Insurance; change provisions for securities

used for deposits _ _______ ________ ______ ..910, 1786, 1796, 1858, 1938

SB 685--Fulton County Commissioners; vacancies and

districts .......' ......... ....... ....... _ 910, 1127, 1133, 1232, 2583, 2590

SB 686--MARTA Rapid Transit; change rate of sales tax levied 911,1615

SB 687--Community Assistance Act; provide services for

economically disadvantaged _ ______ 911, 1217, 1225, 1384, 1613, 1859,

1953, 2004, 2583, 2590

SB 688--Sale of Wine; provide for exclusive wholesalers

and territories . ........... ...._......._...... ...... ... .... ... . ... 998

SB 689--Civil Cases; time of trial, 61 days after

complaint filed ...._..........._'.. .......... ... 998, 1326, 1328, 1384, 1442

SB 690--Pleadings; not necessary to verify

in any case _____ _________ ________ ________ _____ ._ 998, 1327, 1328, 1384, 1444

SB 691--Wills, Probate; may prove testator's signature by heirs,

certain cases ..... . ...... _______ _______ _______ 998, 1327, 1328, 1384, 1445

SB 692--Bryan County Ordinary; compensation

_ _ 998, 1215, 1219,

1335,2045,2589

SB 693--Bryan County Sheriff Deputy and Court Clerk;

compensation __.._ . ____ ____'._ ______ ____. 999, 1215, 1219, 1336, 2049

SB 694--Bryan County Tax Commissioner;

create _____________ _________________ _______ _____.999, 1215, 1220, 1338, 2045, 2589

SB 695--Thomas County Tax Receiver and Collector;

consolidate offices ..... ______________ ________ _____ _ 999, 1215, 1220, 1345

SB 696--Thomas County Board of Commissioners;

create new Board _____ _____ ________ ________ _______ _____999, 1215, 1220, 1346

SB 697--Uninsured Motorists Coverage; exclusion from $250 to $100 .___999

SB 698--City of Winder; reincorporate ._ _ 1117, 1216, 1223, 1345, 2582, 2590

SB 699--Bail; allowed on all felony cases on appeal except capital offenses _____________________________________ 1118, 1327, 1328, 1384, 1613

SB 700--Fannin County Ordinary; compensation ........................__....._..._..1H8, 1216, 1223, 1346, 2177, 2589

SB 701--Fannin County Superior Court Clerk; compensation . ..................... __________ 1118, 1216, 1224, 1352, 2177, 2589

INDEX

2707

SB 702--Fannin County Board of Commissioners;

change number .............._.....1118, 1216, 1224, 1353, 2049, 2544, 2589

SB 703--Interpreters; provide for in administrative and

judicial proceedings . .. ...................._.............. ...1118, 1590, 1592

SB 704--Higher Education Assistance Corporation; obtain

information from other agencies on persons

indebted to Corp. ...._._._.. 1119, 1327, 1328, 1384, 1437, 2182, 2258, 2590

SB 705--City of Helen; governing authority power of

eminent domain ........._.............. .. . ...... 1119, 1216, 1224, 1354

SB 706--Cobb County State Court;

additional judge .........

. 1119, 1216, 1224, 1352, 2177, 2590

SB 707--Henry County Ordinary;

compensation .........._._.._.... .............1200, 1323, 1333, 1377, 2174, 2588

SB 708--Habersham County State Court District Attorney and

Judge; compensation ...... ....._. 1201, 1323, 1333, 1382, 2083, 2219, 2590

SB 709--First Offender; records kept confidential .................. 1201, 1790, 1799

SB 710--Gambling Devices; exclude certain devices used for

recreational purposes ...................

......................_...._................ 1308

SB 711--Education; provide special classes for students

behind national average . .. .....--..--.----................

1308

SB 712--Atlanta-Fulton County; ad valorem tax

penalties .. -

.... ....... 1309, 1588, 1597, 1851, 2520, 2531, 2591

SB 713--Cobb County State Court Solicitor;

compensation ...... . . . . . 1309, 1375, 1376, 1604, 2215, 2218, 2591

SB 714--DeKalb County Oglethorpe Housing Foundation; create .......... 1309

SB 715--Cobb Juvenile Court Judge;

compensation .......... .. ... .... 1309, 1375, 1376, 1604, 2215, 2218, 2591

SB 716--Board of Regents; members compensation and

per diem ... . .. .....1309, 1565, 1566, 1767, 2396, 2399, 2591

SB 717--Health Insurance Plan; provided for public school teachers ... .1309

SB 718--Cobb County Ordinary;

compensation ....._...._..................... .1310, 1376, 1605, 2215, 2219, 2591

SB 719--Jenkins County State Court Judge and Solicitor;

compensation ...._._.._..._...._._....................... 1310, 1376, 1605, 2214, 2591

SB 720--Jenkins County Commissioners;

compensation .........._............... ..... ....... .....1310, 1376, 1605, 2214, 2591

SB 721--Chatham County State Court; provisions on number and

selection of juror, misdemeanor trials - ... __ . ...... ... .. 1368, 1586, 1599,

1828, 2214, 2591

SB 722--Miller County; elected Board of Commissioners . 1580, 1819, 1822

SB 723--Income Tax Credit; senior citizens, certain cases ............ -----..-.-1581

SB 724--Northeastern Judicial Circuit; investigator for

district attorney ...

..... 1392, 1586, 1599, 1828, 2214, 2591.

2708

INDEX

SENATE RESOLUTIONS

SR

4--Workmen's Compensation Study Commission;

create ......_.

........ _________________________________ No action in 1974

SR

5--Ad Valorem Tax for Schools; increase

homestead exemption .... ...._....._................._........ ......No action in 1974

SR

6--School Districts; change provisions for composition &

referenda for consolidation

.

_

25

SR

7--General Assembly members; not serve as Justice of the Peace ... 110

SR 12--Supreme Court and Court of Appeals; jurisdiction &

election of judges .._...--...._........_..._. ..._._..... ......_.,,.... No action in 1974

SR 13--Jurors; General Assembly reduce number,

certain cases .__.__..___....._______..,,____.._____._.._.________.. _____________No action in 1974

SR 17--Pardons and Paroles Board; additional powers on

pardons and reprieves _____..._____...____.. ___________________________.No action in 1974

SR 19--Constitution Revision Commission; create ___.___... . _. No action in 1974

SR 20--Governor and Lt. Governor; elected jointly as unit . No action in 1974

SR 22--Ad Valorem Tax; homestead exemption for

disabled persons ...._...--.. ....,,.-...._--...._...... ............ No action in 1974

SR 23--Ad Valorem Tax; increase homestead exemption No action in 1974

SR 27--Fulton County; increased retirement benefits

for employees'............... ...................... 1588, 1597, 1863, 2215, 2227, 2591

SR 28--Constitutional Amendments; special election ........... _____ .....171, 257

SR 30--Disabled Veterans; increase homestead exemption No action in 1974

SR 32--General Assembly Members; change number.... . No action in 1974

SR 36--Governor and Lt. Governor; elected

jointly as unit

_ _.

_ .._.__--- No action in 1974

SR 40--State Officials; mandatory retirement at age 70 ..... ______ ....25

SR 46--Jury Instructions, Pattern; committee

to study ..______-----_...-----.__,,--.--_._----....._---. ......---- No action in 1974

SR 48--Joint Auditing Committee; create ...-- .. ._... .. ...-- No action in 1974

SR 55--Ad Valorem Tax, Inventories; allow

separate classification ________... .... _ ._._.________ ...____.___.. ___.No action in 1974

SR 62--Baldwin County; authorize lease or conveyance

of certain land ____........_.______.._ ___________ ___.___. . ...................No action in 1974

SR 63--Baldwin County; authorize conveyance of

certain property . _._.__--- ._._.,,----___._--.-____--.. ..___--..--No action in 1974

SR 68--Automobile Repair Services Study

Committee; create ..... ... ..__......_.......--......_._--.........-- No action in 1974

SR 70--Cities; annexation prohibited without majority

vote of residents affected ________________________________ _________ ..... _ ..... 25

SR 72--Farm and Forest Lands; provision for tax

assessments, change ......-- ....._--.. ......._._........... _____._ No action in 1974

SR 73--Marijuana; penalty for possession of one ounce _..... No action in 1974

SR 78--Non-Resident Students & Workers; vehicle registration ______ 2176

SR 79--Elected Officials; compensation increase

prohibited during term _ ___________ . _______________________________ ._ ______ 109, 150, 180

SR 85--Debt Limitation; counties and cities _______ ________ __________ 105, 2589

SR 93--Educational Grants; to children of deceased or

disabled servicemen ._......_._............._.-......._..... ........... No action in 1974

SR 94--Grand & Traverse Jurors; selection ___ ____________ . ....... No action in 1974

SR 98--Constitution Revision Commission; create ........ ... No action in 1974

SR 100--Ad Valorem Tax; mobile homes treated as separate class _...._.___.--..._....._............----..._.--.............No action in 1974

SR 110--Richmond County; voting requirements on consolidation........227, 2589

INDEX

2709

SR 115--Elected Officials; compensation increase
prohibited during term _________ .... ................ ....... No action in 1974 SR 117--Home Rule Study Committee; create ............ .. . . No action in 1974 SR 118--Sales Tax Study Committee; create ........ .. - .--._... No action in 1974 SR 120--Victimless Crime Study Committee; create ..... ... No action in 1974 SR 123--Property in Transit; cities and counties authorized
to exempt from taxation ... .... ........................ .......... .. .... ......

SR 124--Property in Transit; exempt from ad valorem

tax, certain cases _.__._. ._.___.._..._._... .

...... ... .. ..

SR 127--Bicycle Safety Study Committee; create

.. No action in

SR 142--North Georgia Mountains; urge halt to timber

cutting in area ....... ........................................ .. . No action in

SR 143--Forest Land; urge constitutional amendment

to tax at use value .................. .._.._.__.__..-.--..--._.

SR 144--Standing Judiciary Committee; interim studies _ No action in

SR 145--Central Pre-Adult Shelter Study

Committee; create .........

- . ..__________. - ._... No action in

SR 146--Family Court Study Commission; create ...

.... No action in

SR 147--State Income Tax; exempt pay received while a

POW or MIA in Vietnam ................ _ .. . .. No action in

SR 148--Aluminum Ore from Kaolin; bonus for first plant ...... .

SR 151--Chatham County Utility Services

Authority; create .......... .......... ........ ......... No action in

SR 153--Timber, Capital Gains Treatment; urge Congress

to preserve status .....

. ........... . ............. . No action in

SR 154--State and Fulton County Pension and Retirement Systems Study Committee; create ........ . . ......... No action in
SR 155--Ad Valorem Tax Relief Study Committee; create No action in

SR 156--Psychic Astrology and Occult Sciences Study Committee; create ______ ......... ... .. ....... No action in
SR 157--Rural and Urban Development Study Committee; create . .... ...--.. .. ...______...._. . ............... -No action in

SR 158--Utilities Tax Study Committee; create ........ . No action in SR 159--Retirement System Study Committee; create ...... No action in SR 160--Retarded Children Facilities and Programs
Study Committee; create .---..._.. . ..--.--._.__. No action in SR 162--Civic Centers Study Committee; create .... .........No action in SR 165--Bond and Authority Financing and Grants
Study Committee; create .. . ... .. ......... .. .. .. No action in

SR 166--Health Insurance Study Committee; create

No action in

SR 168--Certified Municipal Clerks; commend . . . ... .... No action in

SR 169--Financial Institution Laws Study

Committee; create ___. ...................

........ .. No action in

SR 175--Family Court; superior court judges create

within circuit ...... ----------- .. .. ... _.__..__..... -

No action in

SR 182--Toll Road Study Committee; create ............... No action in

SR 185--Divine Creation; urge Education Board require

teaching in public schools .........

............ No action in

SR 187--Atlanta Police Department Study Committee;

create ...... - .------_.... . .................. ................. . No action in

SR 190--Fulton County Governmental Structure

Commission; create .......

............ - -

....No action in

SR 192--Standing Institutions and Mental Health Committee;

investigate State program . .. .

.......

No action in

SR 193--Revenue Department; write off uncollected checks for

2710

INDEX

SR 194--Revenue Department; write off uncollected checks

for motor fuel tax ._.._._......_......_...._....._..._._.._....... ________ _____ 275, 305, 350

SR 195--Retirement Committee, Standing; function

after adjournment _ .

_ _ _ _____ No action in 1974

SR 196--Scientific Research Committee, Standing; function

after adjournment ,,___.. ________________ ....__...__.....___._....__..... No action in 1974

SR 204--Atlanta Charter Act, SB 50; clarify residency

requirement intent ..._.................._.........._.... ........ .No action in 1974

SR 216--State Officials; compensation increase

prohibited during term ______ ...._.._......_._._._.. ................_..No action in 1974

SR 226--Public Authority Surplus Funds Study

Committee; create

. _ _ ....................... No action in 1974

SR 231--State Officials; study of compensation

and allowances .________...._________..____,,.____...,,______. .._._...... No action in 1974

SR 232--State Constitution; instruct Legislative

Counsel to draft new __... ._...__....._..... ... .._...._........_._ No action in 1974

SR 237--Senate Procedures Study Committee; create ..... ... No action in 1974

SR 246--Life Sentence; must serve 25 years ..... ...._... ........ 52,111,151,179

SR 247--Rules of the Senate; adopt ........__.........._.. ________ _______ ________ ....12

SR 248--Notifying House that Senate has convened .....-- ..----.. ...-- ....15, 77

SR 249--Senate Resolution 2; amend .._........._._..... ........ _____ ..... .............22

SR 250--Wayne County; conveyance of real property ___________ 52, 276, 305, 338

SR 251--Rush, Mrs. Una Mae; regrets at passing ....._.............. ..,,._..........._._.21

SR 252--Bills and Resolutions; procedure for presenting to Governor ____ _____52

SR 253--Dyar, Hubert L.; regrets at passing .._.._....._....... _________________ ________80

SR 254--Lotteries; legalize ..._._._....._.__........._._._._..._.._......................_. ___________ ____52

SR 255--Atlanta; conduct lotteries ......._.................. _________ ....... ....................52

SR 256--Fulton County; pari-mutuel wagering ________ _________ ________ ____ ________53

SR 257--Senate Rules; amend ________________________________ ________ __________ ________ 53

SR 258--Alcoholic Beverage Laws Study Committee; create .__ 53, 2129, 2549

SR 259--Sutlive, Hon. Kirk, Sr.; commend _____ _______________________________ ________ 80

SR 260--Innocent Victims of Violent Crime; compensation ____ _ ......_...... .76

SR 261--City-County Schools; National Guard recruitment _.... 76, 363, 389,

448

SR 262--King, Rev. Martin Luther, Jr.; honor memory . _______ _________ .. ......79

SR 263--Rev. Martin Luther King, Jr.;

January 15 State holiday __.._--... ____...______..________ ....................... .... 76

SR 264--Daylight Savings Time; urge State be exempt _ ... 89, 171, 207, 256

SR 265--Henry Aaron; commend

.__

.................... ..92

SR 266--Daylight Savings Time, Year-Round; relative to ._. _______ 108

SR 267--Tobacco Production; plan to increase ____________ ____148, 329, 366, 411

SR 268--Hon. J. Max Cheney; regrets at passing __________________________________ 115

SR 269--Mr. and Mrs. Irving Cooper; commend .._......_........._.... ._...... .........146

SR 270--Roy Thomas Lewis; regrets at passing _________ _________ ____ .....151, 197

SR 271--Mayor's Day, Sixteenth Annual; relative to ___________ ..... _ ._ 159

SR 272--General Assembly Laws; approval or rejection

at polls ________________ _______________________ _________________ ......._..........169, 430

SR 273--Mary Florence Moore; regrets at passing _____ ______ _ _______173, 267

SR 274--Hon. Stanley E. Smith, Jr.; regrets at passing ________ .__._______.___.174

SR 275--Family Court of Human Relations; provide ____169, 1129, 1137, 1384, 1613, 1859

SR 276--Delmas Rushing; commending and congratulating _ ._________._. 173

SR 277--Bingo Games; non-profit organizations operate .... ......... _____ ____202, 430, 468, 557, 581, 588, 843, 933, 973

SR 278--James Wallace "Wally" Butts; regrets at passing _____ __.______207, 267

INDEX

2711

SR 279--Highway 365 from Gainesville to South Carolina line;

urge completion

.... . ._.___.._.__.__________._______.._... .._..._._.... 207

SR 280--Casualty Insurers; General Assembly impose tax - . .. ___ 202

SR 281--Cobb County; referendum on planning and

zoning powers ................. ......................._.... 202. 276, 307, 374

SR 282--Criminal Acts Compensation Liability Study

Committee; create ................................ 203, 1326, i332, 1613, 1615

SR 283--Retired Teachers; increase benefits . ___ 203, 606, 612, 703, 717, 2047,

2589

SR 284--Highway 441; designate Blue Star Memorial

Highway ............... . .............................230, 330, 366, 409, 1117, 2589

SR 285--Lobbying; provide for regulation and

disclosure .......... ....._................_._............. 230, 430, 466, 617, 648

SR 286--Board of Regents; add student member ............ ..... .

231

SR 287--National Guard; course for conducting military

funeral ... .............. .... . .............._............. ....... 231, 363, 389, 449, 2047

SR 288--Judiciary Committee; study State Tort Claims Act

.270

SR 289--Judiciary Committee; function during interim

... . . 270

SR 290--Hon. J. Henry Castleman ; regrets at passing ______ _

841, 1579

SR 291--Patricia Anne Walker; regrets at passing .....

..

______ 280

SR 292--Georgia Highway 400; urge extension

_ _________

235

SR 293--Historical Property; exempt from

ad valorem tax _ . . 270, 362, 389, 479, 617, 662, ^74, 843, 879

SR 294--WRAS-FM; relative to high professional

standards _________________ . ..

. .................... 280, 421

SR 295--Citizens of Soviet Union;

relative to denial of rights .

..

. . ....... ......... 270

SR 296--Kennesaw Junior College; request be

four-year college . .. ........ .........

280, 421

SR 297--William "Bill" Hambrick; commend ..... ... ...

280

SR 298--Senate Resolution 2; amend

___. .. ..

.

292

SR 299--Ambulance Service Study Committee; create

298

SR 300--Health Law Study Committee; create _

298, 1591, 1612

SR 301--Professional Standard Review Organization Law;

urge Congress to repeal ..... . . _ _

SR 302--University of Georgia; congratulate ............ ... ..

SR 303--Uly S. Gunn; regrets at passing

.. ......

SR 304--Broad Road; designate ..... . .... __________ 326, 540, 543, 617, 643

SR 305--Homestead Exemption; disabled veterans and

dependents _ ._ 326, 917, 929, 1027, 1145, 1164, 1188, 1613, 1859, 1957

SR 306--Bank Holding Company Study Committee;

create ___________

......

___________ ........ .

...... 326, 371

SR 307--Drug Offender; must serve full sentence _ 326, 760, 764, 933, 964, 991,

1145, 1176

SR 308--John Harris; commend ................................ ...........

SR 309--Rules of the Senate; amend ..

______

SR 310--Georgia Southern, Coach Ron Polk; congratulate .

SR 311--Georgia Southern Baseball Team; congratulate . . .

SR 312--Atlanta Symphony Orchestra; appreciation to .

SR 313--State and County Taxes; exemptions for

65 year olds .... . _____ _. ................................... _ _____ ......

382

SR 314--Turner McDonald Parkway; designate _________________ _.. 391,593

SR 315--Savannah State College; commend

__ _

391

SR 316--General Assembly; pro-filing of bills __________________ ......... . ... . _ ____383, 541, 543, 617, 650, 2478, 2513

2712

INDEX

SR 317--General Assembly Sessions; time limit,

adjournment and meeting _...__. _______________ ____________ _383

SR 318--Dr. Bob Rogers; commend .__....._._._._......_..._....___._.__.........._...._..........._._391

SR 319--Hon. Hank Aaron; inviting to attend session of Senate - .__..,,___._._.. 371

SR 320--Senate; change maximum number of members . .. ........__......--423, 604

SR 321--Lake Tobesofkee; Natural Resources Department

control as State park _...___..._.._.......__..__..._....._.................... .. .. .. _._423

SR 322--MART A Overview Committee; change

membership _____ _____________________ 423, 757, 762, 843, 898, 2085, 2116, 2589

SR 323--Real Property; separate class, for

taxes ________________________________________ .. ._______________.424, 917, 930, 1241, 1384, 1392

SR 324--Constitutional Convention; provide by law ___.424, 604, 614, 703, 713

SR 325--Road Atlanta Highway; designate

.

_424

SR 326--Ainslee Ferdie; Senate floor privilege .......................................... ...477

SR 327--David Wade; commend ...._._.............._..............._..._..._............... .. .. _______447

SR 328--Veterans' Driver's License;

relative to ._._............._.............._______________________.________460, 604, 610, 843, 893

SR 329--Richmond County; conveyance of State-owned

property _____ ........_....._..._._..........._.... 460, 758, 763, 843, 868, 2048, 2589

SR 330--Mrs. Norma Lattimore; commend _....._..._...._..--... ............_............... 477

SR 331--Eagles Baseball Team, Coach Ron Polk;

attend Senate session ._._........_._..... ..._..._..._......................_....... __ ___.____531

SR 332--Forest City Gun Club; commend ____________________________________ __ ___________ .. _531

SR 333--AMTRAK between Atlanta and Savannah;

urge _____________.__.._,________________._._____________________._..___.________536, 758, 763, 933, 981

SR 334--Joint Introduction of Bills and Resolutions;

provide ...................................................... .....^.5S7, 687, 768, 1145, 1183

SR 335--Ad Valorem Tax on Industrial Property; returns ........... ..........__537

SR 336--Telfair County School Tax; remove 20 mill

limitation ......................_._..._.........537, 756, 765, 1097, 2084, 2103, 2590

SR 337--Department of Local Government Affairs;

create ______________ _ ________________________________________ .........537, 919, 923, 1027, 1033

SR 338--Spewrell Bluff Dam Project; opposing

construction .

.

....597, 1325, 1329

SR 339--Veterans Service Department; commend _........_....... .._.............. 555

SR 340--Community Development and Transportation Departments;

enhance tourism ......_........_._.__..._..._.........._..._._._..... ..._.............. .____________555

SR 341--Tourism Study Committee; create ________________ . 597, 921, 923, 1027, 1095

SR 342--Reserve Officer Training Corps Study Committee; create _ . .....597

SR 343--Documentary Film on Bail Bond System; relative to ..... ...........614

SR 344--Pulaski County; conveyance of State-owned property ...598, 758, 763,

843, 897

SR 345--West Georgia College Basketball Team; commend ........ ..................614

SR 346--Elbert County Chamber of Commerce; commend ................. _ 614

SR 347--Stop Drugs at the Source Program;

urge citizens to support _ .............._........_.........._.............. ........_.....____614

SR 348--Hon. Roric Harrison; invite to attend session

_ .............. ......634

SR 349--Donald Jackson; commend ........--....._......_._..-- ............... .. . ..711

SR 350--DeKalb County; funds for capital expenditures ....745, 1588, 1597, 1865

SR 351--Lewis Cenker; commend ________________________ _________________ _______________ ____731

SR 352--James Melvin Alien, Jr.; regrets at passing

.....................___731

SR 353--Keith Mohler and Jimmy Alvarez; commend .................... . .........841

SR 354--West Georgia Tollway; continue design and

work studies ____________ ____________________._..____^__.________827, 921, 923, 1027, 1095

SR 355--Senate Rules; amend- ______________________________ ............................. .....827

SR 356--Public Service Commission Study Committee; create ............... ....828

INDEX

2713

SR 357--Berrien County; conveyance of

property _.__.__._.__.______________.911, 1010, 1017, 1241, 1251, 2397, 2413, 2590

SR 358--Berrien County; conveyance of

property ......... ............ 911, 1010, 1017, 1241, 1254, 2396, 2415, 2590

SR 359--Berrien County; conveyance of

property ....... .................. .911, 1010, 1017, 1241, 1256, 2397, 2417, 2590

SR 360--Col. Robinson Risner; commend .._....._._..........__......_..........................842

SR 361--Washington; commending certain officials

and citizens ........ ........_.................. ................... ......... --............. .931

SR 362--Anthony Flanagan; commend ....._..._...................................._ ......_...._945

SR 363--Anthony Flanagan; invite to attend session ._....... ................ ---.945

SR 364--Southwest High Varsity Football Team; commend ............ ........ 945

SR 365--William "Bill" Gentry; commend ........................ ........_.... .....1024

SR 366--Mrs. Barbara Muntean; commend ._......._........ .__.._....._.....,,______.__ 1025

SR 367--Share-the-Work Program Study Committee; create ......... ........1000

SR 368--Sidney R. Lucas; commend .......... ................ ............ .. ...1025, 1200

SR 369--Augustus J. Hartley; regrets at passing ..... .......... ....... 1025

SR 370--Joint Executive-Legislative Committee

for Planned Growth; create .......................... .......... ..--...._.... 1000

SR 371--James C. Lay; regrets at passing ... ............... . ............ .........1025

SR 372--Atlanta Internationale Hotel; commend ...... ......... .----...... .. 1025

SR 373--Mr. and Mrs. Lee Andrew Fuse; commend --.... ............. ... ....... 1025

SR 374--Roger Henry Brown, Jr.; commend ........_.... .......... ............ .1030

SR 375--Gordon County; conveyance of

property ........ ............. ..........1119, 1325, 1330, 1384, 1458, 2582, 2591

SR 376--Mrs. Xernona Clayton; invite to attend session . ............... .. ..1030

SR 377--Lt. William L. Galley; urge President to pardon ..... . ......... 1142

SR 378--Sherman Drawdy; regrets at passing ............ .. . ............. 1142, 1579

SR 379--Natural Resources Department; exchange a

leasehold interest ............. ........ - ............ 1119, 1325, 1330, 1768

SR 380--Mary Ellen Berger; commend ......... ............................. . -1142

SR 381--Ladies Responsible for Valentine Luncheon; commend ..... .1226

SR 382--Freddy Wheeler; commend ............ ................ . ......... . .....1156

SR 383--Spewrell Bluff Dam; urge Governor to approve construction .1201

SR 384--Fred Jones; regrets as passing ... .......... ............ . .......... 1226

SR 385--Ben Crowe; regrets at passing .... ............... ........... .. . .... 1226

SR 386--William C. Carter; welcome to State ....... .......... ............... ..1226

SR 387--Business, Trade & Commerce Study Committee;

create ........ ................................".............. ........... ... 1201

SR 388--Congress of U. S.; urge to enact certain

legislation ............ ............ .. ........... . ............

........ 1227

SR 389--Dr. Ernest L. Wright; regrets at passing ....... .. . ......... 1226

SR 390--Robert L. Lewis, Jr.; commend ............. . ......

. . .... 1355

SR 391--Hon. Henry C. Kennedy; regrets at passing . ...... ... 1355

SR 392--SB 2008 and HR 8771 in'Congress; urge defeat ........ 1310, 2096, 2172

SR 393--Driver's License Laws Study Committee; create ..... .

.... 1310

SR 394--Seminole County; conveyance of certain real property ' ........ ... 1310, 1590, 1592, 1859, 1934, 2397, 2407, 2591

SR 395--Lions Clubs of Georgia, Annual Peach Bowl Classic; commend .._.__..... . ...... ..----.._ .... ........ . ............. .... . 1355

SR 396--Ed Deaton; commend ... .. ........... .......... ................ ... 1355

SR 397--Senate Rules; amend .....

....... ... ... ........... ....1311, 1482, 1483

SR 398--Dodge County Marchin' Cumbancheros; commend

. 1383

SR 399--Science & Technology Committee; function after adjournment ........... ............. .. ........... . . .......

. ...1368

2714

INDEX

SR 400--Cliff C. Kimsey; commend ............_._.. ....._...... ......... _______________ __1383

SR 401--Senate Rules; amend . __________________________ ___________________ . _____ ..1571, 2550

SR 402--Mercer University and Dean Nat E. Smith; commend ____ _______ .1629

SR 403--Medical Services Study Committee; create _________ ________ _______.____1581

SR 404--William S. Morris, III; appreciation to ____________ _________ _._.__1938, 2181

SR 405--Hon. Alton V. White, Jr.; regrets at passing _____ _________ _______ 1612

SR 406--Richmond County; lease of property to Augusta

Association for Retarded Children _________1571, 1590, 1592, 1859, 1937,

2582, 2591

SR 407--Ray Moore; commend _______________________________________ ______________ 1785, 2181

SR 408--Dr. John Page Wilson; commend ____________________________________ __ 1857

SR 409--Stephens County High Baseball Team; commend _______ ............1785

SR 410--Coach Jerry Carroll; commend _____________ ___________________________ _ ....1857

SR 411--Georgia Industrial Institute, Alto; relative to ___________ 1814, 2129, 2172

SR 412--Justices of the Peace Study Committee; create ___________ ___ ...1815

SR 413--Honorable Carlton Mobley; commend ______________________ ________._______1858

SR 414--Mrs. Kathleen Yarbrough; commend ___.. _______________________________ ... 1858

SR 415--Wayne William Oliver and Stuart. Kohler Shapira; commend ...1936

SR 416--Deplorable Practices of U. S. Congress; relative to 1815, 2096, 2172

SR 417--Sanford Stadium; rename as Sanford-Butts Stadium ____ _______1960

SR 418--Miss Cathy Snellings Pinson; appear before State Senate ._...._.. _1984

SR 419--Flame of Unity; urge Governor to install and maintain _ ___ 1971

SR 420--VPW Post 4706; commend _________________________________ ____________________________1972

SR 421--Bill Daniel; commend ______________ _________________________________________ _1972

SR 422--Hoyt G. Brown; commend __________________________________ __________ _____________2065

SR 423--Honorable Roy V. Harris; commend ________ _____________ _____________ ___ 2076

SR 424--Mrs. Mildred Saffold; commend ________________ ________________ ............ .....2549

SR 425--Judge Lamar N. Smith; regrets at passing ____________ ________ _. _____2173

SR 426--Honorable John R. "Reg" Murphy; pertaining to ________ __________ 2140

SR 427--Montgomery County; urging conveyance of certain

property ___________ ____________ ___________________________________________ ________ 2173, 2588

SR 428--VFW on 75th Anniversary; congratulate ____ _ ____________________________2173

SR 429--H. A. Westervelt; regrets at passing ________ _ ________________________ .......2173

SR 430--Senate Members; serve as Committee of

One .. .... __________________________________________________________________ ________2168, 2394, 2549

SR 431--Mr. Keith Hartman; commend _______________________ _____________________________ __2173

SR 432--Miss Elaine Evans; commend ________________________________ .............. _______ 2173

SR 433--Mrs. Christine Fitzgerald Hodnett; commend ____________ _______________ 2173

SR 434--Land Assessment Study Committee; create __________ ............ ... 2168

SR 435--Senate Resolution 2; amend ______________________________________ 2168, 2394, 2549

SR 436--Mrs. Xernona Clayton; commend .................... ...................._....... 2549

SR 437--Dr. Lucius H. Pitts; regrets at passing ________________________________ .........2549

SR 438--Senate Interns; commend _______________________.-.________..__.___________.__.____________2549

SR 439--Hugh Dixon; regrets at passing ______________--_2549

SR 440--James C. Lay; regrets at passing

__._

... _ 2550

SR 441--Telephone Center Ladies; appreciation to ------ _ .......... ........... 2419

SR 442--Catharsius, Inc.; commend

.

,, ______________ ..............2550

INDEX

2715

PART III

HOUSE BILLS AND RESOLUTIONS

HB

4--Bar Examination; law school student eligible,

final semester ............. ...................... .......... .... . - .. 26, 53, 83

HB 8--Special Master; compensation in exercising power of

eminent domain ... . ........ . .. .......... . . ... No action in 1974

HB 16--Altered or Removed Landmark; punished as

misdemeanor - ------ ..--...._. ..---...__ . .... No action in 1974

HB 19--City of Atlanta; new charter ........ ... .... .... ...

26

HB 20--City of Atlanta; reorganize Board of

Education .... - . ......... ... .. .......... ......... .... No action in 1974

HB 26--Foreclosure, Real Estate; notice mailed to

apparent owner

.... -

....... -

234

HB 32--Superior Court Judges,

District Attorneys; limit compensation ..... .. .. No action in 1974

HB 33--Trial Procedure; provide for consolidation of action -

331

HB 37--Criminal Justice Act; clarify provisions for

representation of indigent persons .... 26, 686, 768, 1145, 1241, 1263,

1811

HB 58--Employees' Retirement System; change age provisions

after 35 years' service - .... . . .. . "......... .. 606, 612, 703, 724, 997

HB 59--Elections; candidates qualify with only one

political party ......... ... . . ..

........ .. - .......

430,466

HB 69--Ordinaries; use photostatic equipment .. . ......... .. - ......759, 763

HB 70--Legal Newspaper Advertisements; change provisions of

preservation by courts . ...

- .... - ...... ..

. . 57, 356

HB 76--Traffic Offenses; additional punishments for

misdemeanors ..... . ......... ...... ...... ... ............. 172, 207, 291, 355

HB 78--Motor Vehicle Accident Reparations Act; no-fault

insurance ..... - .. ... 77, 91, 115, 209, 219, 340, 580, 1035, 1083, 1094,

1990, 2050

HB 85--City of Atlanta; ombudsman ........ -.-.1127,1133,1227,2050

HB 88--Campaign Activities; prohibited within certain

distance of polling place .........

......... ------- -

... 919

HB 91--Banks; no discrimination against borrower because of sex,

race or religion ...

....."..

........ ..... . 420,427,602,613

HB 93--Felony; possession of knife unlawful in commission,

certain cases .... ...... . 105,108,833,834,1859,2032,2179

HB 125--Traverse Jury; challenge for favor,

change provisions .. .... - ............. ....... .. No action in 1974

HB 126--Bail Refused; right of hearing before grand jury

within 90 days - .. .

......

............. ....... No action in 1974

HB 127--Criminal Cases; jury give verdict, judge fix sentence ... . ............... .....1305, 1315, 2038, 2039, 2066, 2143, 2166

HB 138--Employees' Retirement System; certain superior court

employees eligible ............. ....... .

- ....... 26, 384, 479, 527, 1011

HB 164--Insurance; prohibit banks and lending institutions from selling ..... ......... .628, 672, 1563, 1566, 2066, 2080, 2179

HB 166--Retirement Systems; pool trust funds for investment ........ . . ....... .. ... 404, 447, 455, 665, 968, 997

HB 168--Teachers' Retirement System; include public school nurses ......... ......... ............ ................ . . .. 1572, 1859, 2020

2716

INDEX

HB 170--Fulton County Criminal, Civil, Ordinary and juvenile

Court Judges; salaries .......

..__.__... ......... ..... 152, 153

HB 172--Eye Protective Devices; required for teachers and

students, certain cases _....._..

_...............26, 90, 155

HB 176--City of Atlanta; credit prior service of pension

system members ._..............__.___....._...._......._....... _______ 252, 253, 586, 678

HB 190--Sheriffs; evaluate applications for license

to carry pistols .................. ....._........._......................... No action in 1974

HB 196--Teachers' Retirement System; reduce creditable

service provisions

.. . _.___._....._____._..___..._. ..... 27

HB 197--Teachers' Retirement System; change local systems

provisions .................... .._._........___.___....._...__._...__... .......No action in 1974

HB 200--Education Boards; exempt from provisions of

Sunshine Law _ . .._._.____.. .______.._.______.___._.._._.___._ _____.No action in 1974

HB 205--Municipal Home Rule Act of 1965;

amend _____ . ____________ ________ .......... ________ 592, 599, 815, 1790, 1799

HB 214--Homestead Exemption; 62 year olds,

certain income __676, 680, 917, 930, 1027, 1145, 1241, 1261, 1439,

1454, 1575, 1622, 2503, 2586

HB 220--Motor Vehicles, Inspection Requirements;

exempt trailers under certain weight ........ _........... No action in 1974

HB 226--Elections; electors must vote in district in

which registered ------ ._._._.___-.._.._.._.,,--.___.._----. ... ....... ._...-- ______430

HB 227--Elections; change provisions for qualifying by

petition ......... ......_.........._._._.......__.._._..............._........... ... _______________ 216, 227

HB 235--District Attorneys Retirement Fund Act;

legislative and State employment time _______ 675, 680, 1572, 2215, 2500

HB 244--Highways; revise traffic laws ... 456, 462, 1590, 1592, 2215, 2422, 2586

HB 246--Driver's License; change number of points for suspension,

traffic violations ... 104, 159, 198, 215, 982, 997, 1440, 1814, 1931, 2050

HB 247--Driver's License; alcohol breath test.

change suspension procedures ....______-.. __________________ .__.___......__._______.27

HB 249--Environmental Protection Division; administer and provide

loans for water and sewerage treatment facilities No action in 1974

HB 255--Consumer Protection; unfair, deceptive trade

practices unlawful ________ _.______--____.._-_--_ .................... .......... _ 1785

HB 257--Civil Defense Act; immunity from liability to

persons providing shelter ._.__.__.___. ..______.... _....___._._ ________ ._._.____.....___.56

HB 279--Judicial Circuit With More than One Judge;

compensation of assistant district attorney ... 996, 1003, 1324, 1330,

1613, 1859, 2066, 2074

HB 282--City of Atlanta; change composition of Board

of Trustees . _________ ______________________________________________ _____1586, 1599, 1828

HB 293--Alcovy Judicial Circuit Judge; supplement

salary ___________________________ ________________________________________________756, 766, 835

HB 295--Alcovy Judicial Circuit Superior Court Judge;

supplement salary _ ............... __________________ ___________._756, 766, 839, 1368

HB 314--Jury Commissioners, Clerks; increase compensation --27, 172, 225

HB 323--Superior Court Clerks Retirement; armed forces

service credit _ ....... _______ __ 996, 1004, 1326, 1331, 1384, 1455, 1810

HB 336--Supervisor of Purchases; appointment and

compensation ____ ............... _ _ _ ______67, 1214, 1384, 1613, 1747, 2050

HB 345--Clayton Judicial Circuit; superior court judges, compensation ......... ....... ..... ______,,......... ........ No action in 1974

HB 346--Employees' Retirement System; credit forfeited annual and sick leave ........ ............................ 457, 462, 1326, 1331, 1613, 1617

INDEX

2717

HB 350--Transportation Department; develop long range,

statewide transportation plans

..... .........._... 27, 110

HB 357--Habeas Corpus Petitions; provide for transfer ..... No action in 1974

HB 360--Health and Welfare Services; county functions

transferred to Human Resources .....

.----___._ .330

HB 367--Educational Research and Development Program;

create ..........

27, 171, 291

HB 368--Teacher Evaluation and Tenure Act;

enact ......____._.. ..________........_._...... 27, 431, 479, 557, 617, 635, 1156, 1162

HB 369--Educational Evaluation Act; enact for educational

improvement ...._........._.__.._..........._... No action in 1974

HB 370--Hypnotism; prohibit use of except in certain

circumstances

.

___.__........... 233, 278, 311

HB 372---Medical Examiners; change fees .............................2T, 1008, 1859, 2029

HB 382--Interstate Agreement on Detainers; Georgia

be party to .._._._._...._._______________________________________________________ No action in 1974

HB 384--Public Safety Commissioner; receive copy of all traffic

citations

.

............

.. .........28, 330

HB 390--Employees' Retirement System; retirement age

specified for medical exams __._..________....____.__...-__.._.._. ........... .........28

HB 391--Employees' Retirement System; investment of assets ....___.__ ...28

HB 392--Teachers' Retirement System; investment of assets ..... ........ .28

HB 394--Elected Officials; resignation required before

qualifying for other office ..........................................'Ko action in 1974

HB 401--Public Safety Department; reimburse employees

who relocate due to job _......._...._..._......._..__._...._...__......_._.... 2034, 2038

HB 406--Public Safety Board; provide for quorum

for business _......._.......___._..-....._._........_........._......................... 1789, 1796

HB 409--Tangible Property Tax; pay in

installments ...................................... ...824, 829, 1786, 1794, 2066, 2109

HB 411--Correctional Industries Administration;

change membership __..._______....._..__.___._.......___.._...._.____ No action in 1974

HB 418--Motor Vehicles; used for illegal drug traffic,

disposition __,,_.._._____. ......... ... ..._.___._.......__..._....... ........No action in 1974

HB 425--Court Cases; video, audio recorded testimony authorized,

certain cases ____________________________________________ __________________ No action in 1974

HB 438--Election Superintendents; provide certain candidates

with returns ...................... ................._._._...._......_................. ...1789, 1796

HB 445--District Attorneys Association of Georgia; create . No action in 1974 HB 447--Bridges and Tunnels; cities allow construction for
pedestrian traffic ______....._._......_............._......._..........1155, 1187, 1787, 1796 HB 451--Georgia Health Code; amend to regulate
ambient noise .........................................__.___..........._ 87, 89, 233, 278, 319

HB 455--Transient Merchants; license ........63, 93, 197, 216, 252, 262, 340, 345 HB 473--Pistol Possession without License; change offense
to felony _..............._................_..._........._.__._..........__._._ 592, 599, 1129, 1136

HB 481--City of Atlanta; Housing Finance and Development Authority Act ..-----._.._...--.._....... .-.__.._..........._..............No action in 1974
HB 498--Fulton County Board of Commissioners; composition .....__..........__._..._...._._.__..__._._....._.......... ........No action in 1974

HB 504--Hospitals; certificate of need required before construction ...... 431 HB 506--Juvenile Court Code; allow parents to consent
to adoption of child _._._.. ........_._...... ..._..._......._.._............................ . .. .. 57

HB 509--Public Works Contractors; payment and performance bonds ._.........._._._....._...._._..........___....... .................... 1439, 1570, 2052, 2053

HB 520--Lobbyists; change registration fee __.............._... ......No action in 1974

2718

INDEX

HB 529--Augusta Judicial Circuit Superior Court Judge; compensation _______ _________ _______ __________________ .___..____ .... No action in 1974
HB 568--Fulton County Criminal Court; additional personnel ______ _________ _______________ _____ ________ ___._.. 918, 927, 1023, 1200
HB 569--Interstate Agreement on Detainers; Georgia be party to _ ______ _____ _.___._...152, 153, 387, 438, 1241, 1265
HB 577--City of Atlanta; homestead exemption _________ ....... 191, 192, 193, 285 HB 580--District Attorney; represent dependent child and mother,
certain support cases --_ ____--. ______.._.____--..._.._,,_. ..._____. 28, 758, 2066 HB 583--Stone Mountain Judicial Circuit Superior
Court Judge; compensation .... ...__.___.. ._____.______._.. ...... 275, 305, 332 HB 604--White Cane Act; enact relating to blind or
partially blind persons ________________ __________________ _. ______ _ _____ .. 29, 605 HB 617--Minors; establish what materials are harmful ____ No action in 1974 HB 632--Used Motor Vehicle Parts Dealer; applicants must
apply for sales tax number ____ _______________ _____ ________ _________ 67 HB 644--Claims Advisory Board; time for resolutions and
recommendations ________ _______ _________ .______. ____ ._ _ . ___ 206, 235, 290 HB 680--Workmen's Compensation; change coverage
provisions ____. _----_.____-- ____,,_ _________ ._______. ________ ...No action in 1974 HB 709--Georgia Development Authority for Housing
Finance; create ._._______. ________ .......... ___...__737, 745, 2051, 2053, 2216, 2538 HB 714--Taliaferro County Small Claims Court;
create ________ __________________ ______ ___________________ ______________ No action in 1974 HB 734--Foreign Judgments; provide for enforcement ... . ... 29, 384, 450 HB 736--DeKalb County Education Board; change school
board districts ___________________ __________________________ 2003, 2030, 2164, 2170 HB 743--City of Cornelia; mayor and commissioners,
compensation ................. ________ ______ _______ _______ _____ ___ 205, 234, 279 HB 744--Purchasing Department; fidelity bonds covering
employees .._.__....._._.. .________________" ........677, 681, 919, 923, 1241, 1266 HB 746--City of Clarkesville; close'a portion of
Hoyt Circle _______________ ____________________ __________________________ _____ 77, 91, 111 HB 750--Alcoholic Beverage Sales by Drink; counties and
cities levy tax ________ __________ ________ _ .. ______ ......1786, 1793, 2066, 2216, 2250 HB 763--Multiple Prosecutions; not guilty verdict not affect
guilty verdict in other crime ................. .......... ......... ..... .. ..... . 53 HB 767--Glynn County Sheriff; additional personnel ...........No action in 1974 HB 772--Butts County Board of Commissioners;
compensation _______ _________ ______ __________ . _____ ___ ..... ...No action in 1974 HB 773--Butts County Commissioners; furnish cars and
equipment sheriff and deputies ........ ._______. ___.._. ... ........ . 826 HB 774--Butts County Commissioners;
selection of chairman ______ ._.______. _.___ .________. _______ No action in 1974 HB 783--State Agencies; printed publications must show
number and cost ___________ __________________ _________________ .______. ... 81, 153, 156 HB 804--Atlanta Public Officer; additional powers ________ ___. .... 1734,1779 HB 806--Hotel, Motel Tax; cities and counties
levy ______________________ ____________________________ _____1786, 1793, 2066, 2216, 2232 HB 810--Liberty County; ad valorem tax for promoting
industry __________ ._,,_____ ____________________________________________ . _.No action in 1974 HB 824--Clayton County Superior Court Administrator;
create office . ___________________ ________ ________.. _______ ________ No action in 1974
HB 840--State Building Administrative Board; codes promulgated apply to certain jurisdictions ____________________ . ____._._...___ 1789, 1796
HB 841--County or Municipal Surveyor; qualifications ______..______.._ 105, 108

INDEX

2719

HB 842--Youthful Offender Act; redefine certain terms,

change provisions .______...___-__________________________________ --____ _---__________.___.__29

HB 883--Upson County Ordinary; compensation __..______..___._._._ 77, 91, 111, 826

HB 884--Upson County Tax Commissioner; compensation ___ No action in 1974

HB 885--Upson County Chief Deputy Sheriff;

compensation ___________________________________________________________ .No action in 1974

HB 886--Habeas Corpus Petitions; presentation and

verification, change provisions ______'_______.-________...._____._________..._.. 29, 277

HB 891--License Plate; provide for replacement of

original _____________________________________ ____________________________________________________________________57

HB 893--Sickle Cell Anemia; tests for pre-school children _______.__._. ________ ..29

HB 916--Lowndes County Water and Sewerage Authority;

create _______._..____________.._.__._____._._____.___._._______..._______.___.226, 231, 385, 433, 475

HB 921--Governor; convey certain Glynn County property

to Ports Authority

_________

_____ 29

HB 924--Misdemeanor Sentences; may be served on

weekends __..______._._____ .___.__ ..________ ... ________________ 324, 328, 387, 438, 703, 730

HB 931--Malt Beverages; allow production of certain quantity for

use without license __ ---- ----__.__________._.-_____._--___ ..-- No action in 1974

HB 933--State Auditor; become part of Legislative Branch

of Government ____._____._--_____.--______--_____.----__._.--___.-_-No action in 1974

HB 936--Chatham County Sheriff; compensation ....733, 748, 1007, 1015, 1137,

1308, 1433

HB 937--Chatham County Superior Court Clerk;

compensation ___._...___._...___...._732, 748, 1007, 1015, 1137, 1308, 1434, 2178

HB 951--Medical Practice; aliens, one year residency for

license exam ___._.____..._______._______._______.________._.____._.____.__.87, 89, 233, 278, 320

HB 954--Coroner's Inquest; witness fees for peace

officers appearing __________ __________________ __________________________ ____..__ ______ 502, 531

HB 974--Sunday Closing Law; set apart one day of week

for rest _____._.737, 745, 1322, 1330, 1384, 1613, 1756, 1814, 1986, 2026,

2028, 2408, 2586

HB 978--Urban Transit Systems; maximum bus width provisions,

include MARTA .____...____...-_____.._______..___.____.__..___.._____...._.___... 30, 110, 157

HB 979--Elected, Appointed Officials; fiscal notes

accompany salary legislation ______ ______ _______ ________________ __________ .105, 108

HB 983--Student's Statement on Drug Abuse;

confidential __________________________ _____________________________ ________.No action in 1974

HB 991--Pulton County Grand Jury; requirements ____ _______ No action in 1974

HB 992--Pulton County Special Purpose Grand

Jury; provide __...__.___.___...____...._____.____.________. _._____.._ 1323, 1334, 1380, 2179

HB 995--Newborn Children; insurance coverage from moment of birth ...____...______..______..._____... __________.___737, 745, 1785, 1795, 1859, 1860

HB 1010--Air Quality Control; admissible evidence in private actions ..._______..__.____...._______.__.____________.__._______ 30, 2052, 2576, 2587

HB 1011--Local Income Tax; cities and counties levy __ _______ ______ _____ 1580, 1778, 1819, 1823, 2066, 2216, 2395, 2409, 2587

HB 1012--Local Sales Tax; cities and counties levy __________ _____1259, 1297, 1786, 1795, 1859, 2066, 2076, 2079, 2165, 2587

HB 1016--Trust Deed; alternative method for exercising power

of sale under

.

_ _. 197, 205, 666, 759, 763

HB 1031--MARTA Tax; reduce amount due each local government _______________________ _________ 996, 1004, 1786, 1793, 2066, 2569

HB 1032--Mortgages; change provisions relating to foreclosure on personalty ___________________________ ....1218, 1225, 1384, 1484, 2075, 2088

2720

INDEX

HB 1038--Dead Animal Disposal Act; Transportation Dept.

remove carcasses from highways -- -- . .

... 30, 110, 158

HB 1041--Douglas County Charter Commission;

create --...--.-----------.----.--.----------...----.. ...No action in 1974

HB 1042--Douglas County Political Subdivisions; actions

approved by Commissioner ... .................................. No action in 1974

HB 1059--Richmond County Homestead Exemption; 62 year olds ... ..210, 285

HB 1070--Soil Erosion and Sediment Control Program;

provide for ........ ............... ... . .................737, 745, 1217, 1226, 2066

HB 1071--Clayton County; homestead exemption, 62 year olds ........210, 211, 284

HB 1072--DeKalb County; provide five commissioner districts .. 2164, 2169, 2171

HB 1077--City of Douglasville; change corporate limits . .....No action in 1974

HB 1078--City of Douglasville; sale of city property ..... ...... No action in 1974

HB 1079--Douglas County Homestead Exemption;

62 year olds

.

....

..........................209, 213, 283

HB 1082--Carroll County Homestead Exemption;

62 year olds

..

............ ..210, 214, 281

HB 1089--Medicaid Overpayment to Hospital;

pay to surviving spouse . .......... ......_.-...-..-....-..... . ... No action in 1974

HB 1092--Fulton County Manager; chief administrative

officer _.________......_______.._.._________. ......_.._....._.._._......_....... No action in 1974

HB 1098--Corporation Tax; provide for clarification of

non-deductibility .

..

.322, 328, 684, 688

HB 1100--Corporations, Income Tax; clarify three factor

ratio ....._..-.-..-......---....-.-..-.......---... ........265, 272, 602, 613, 703, 728

HB 1104--Dealers Delinquent in Sales Tax;

furnish bond __......... ....265, 272, 1007, 1012, 1241, 1384, 1613, 1748, 2179

HB 1108--Sales Tax, Dealers Failing to Make Return;

specific penalty ..... ... 296, 300, 602, 613, 703, 731, 767, 843, 899, 1200

HB 1109--Sales Tax; increase interest rate on delinquent

taxes _._...-...-.-_..-.-.....__.---.--------------.------824, 829, 2051, 2053

HB 1112--Grand Jurors; provide for two

alternates .-.-....-...-.-....-.......... ......152, 153, 363, 389, 451, 1591, 2066

HB 1152--City of Royal Lodge; create charter ...........................No action in 1974

HB 1177--Haralson County Commissioner; compensation ....77, 91, 112, 178, 1163

HB 1178--Haralson County Tax Commissioner; compensate _...._....._.._.___._...-.._.

assistant -.-..-...-.-.-.-..........-.......-.-.--...-.-.-77, 91, 113, 178, 1179, 1180

HB 1179--Haralson County Ordinary; compensation _..--....... .... .77, 91, 114, 253

HB 1181--Tax Collection, Dissolved Corporation; clarify persons

for payment ...................

30

HB 1192--Crime Laboratory Director; authorized use of

airplane _.-......_---..--------...------....-----.------.--.......-- 30, 1789

HB 1208--City of Dublin; change corporate limits _..._._......................--.......... 86

HB 1221--Muscogee Homestead Exemption;

62 year olds ....

.-- ....

...

. 209, 215, 282

HB 1227--Cobb County; exercise of planning and zoning

powers __.---.._..___.-...__..___.--..__..__.-----_._.__----. ._----...No action in 1974

HB 1230--Towns County Sheriff; compensation ......-........-- ..------... ........21

HB 1237--City of Buford; election of commissioners ....------ 21, 429, 469, 548

HB 1238--Apartment Ownership Act; contents of deeds or

subleases ----.-----------.._.......--.___------ ------ ....----.............532, 537

HB 1241--State Boxing Commission; create ..... .264, 272, 430, 467, 557, 617, 664

HB 1242--Firearms, Short Barreled; change length

provisions --------------------

....

.._._.._._.....--295, 301

HB 1245--Firearms and Weapons Act; redefine

"sawed-off shotgun"

...266, 272

INDEX

2721

HB 1251--Industrial Loan Act; provide for cancellation of

security instrument from record .-_.....-_-._______________.295, 301, 2130, 2152 HB 1252--Ordinaries; duties in termination of guardianship of
mental patients __..________._._.__._...____._...__.________.__.___.____..907, 914, 1129, 1136

HB 1259--Dougherty County Sheriff; compensation ....152, 153, 205, 234, 279 HB 1260--Auto Suspension System; unlawful to
alter _____._-.._-.....__.__..____________.____._________________________.__.__._....._.676, 681, 921, 923 HB 1261--Elections; campaign contribution disclosure,
certain State offices _________.___........_-.__________.__..__.____.....__..._._____________678, 681 HB 1262--Agriculture Department; establish Division of Marks
and Brands __...__._._._._.__..._......___..__..__.....264, 273, 429, 467, 557, 617, 666

HB 1263--Livestock Theft; crime __.._________...737, 746, 1011, 1014, 1241, 1385, 1450 HB 1265--Insurance Contract; insurer liable on bankruptcy of insured,
liability policies ,,.,,...___.._______________._...____...___._____._____.907, 914, 2051, 2053 HB 1266--Special Elections; limit number of polls
to be open ................_.__.___._.............._._....._______....._..........._._._._.______....324, 328 HB 1276--Handicapped Persons; require curb ramps on
city streets ................_._.___-___.____........._..___..562, 574, 686, 689, 2216, 2508 HB 1277--Deaf Sign Language Interpreters; provide in
certain judicial proceedings --------.--__,,_______________.--,,_____________ 502, 531 HB 1278--Lakeland Mayor and Alderman;
election .__..._...._............___.___..___...._...._.._..____.__..__....152, 154, 206, 234, 280 HB 1279--Motor Vehicle Operators; authorized to drive after
drunk driving conviction if employment requires ....... 1966, 2030, 2129 HB 1280--Legislative Ethics Committee; create for Senate
and House .__..__.___.______.____.__._....___.___.___.............____._____._.___.___........__1304, 1316

HB 1281--Conflict of Interest; protect against on part of public officials ___.______._....-.....______..._.___..............__.___._._........1304, 1316

HB 1286--Unemployment Compensation Law; increase interest on

delinquent contributions ._____.----..____.___.___.________.______.532, 538, 1009, 1012

HB 1287--Court Reporters; provide for destruction of notes in

certain instances _._._._.___._._.........___.__._.__...__....197, 205, 387, 438, 933, 988

HB 1291--Sedition and Subversive Activities Act;

written questionnaire _..._...___ 295, 301, 387, 439, 1241, 2067, 2142, 2180

HB 1292--Motorized Carts; exempt from registration and

licensing ___..__._._.._..................__-_______..737, 746, 921, 923, 1027, 1145, 1169

HB 1299--Athletic Contest Tickets; sale

provisions ,,--_._.

907, 915, 1130, 1131, 1241, 1268

HB 1300--Public Safety Department; prior service credit for

longevity increases ...........__....--__............._.______.__.1115, 1122, 2034, 2038

HB 1302--House of Representatives; reapportion certain

districts _......__...__._._..._._.._.....__.___.842, 903, 1128, 1131, 1859, 1988, 2050

HB 1303--Municipal Governing Authorities; compensation of

elective members ............._.._.266, 273, 602, 614, 1241, 1385, 1613, 1751

HB 1304--Chattahoochee Judicial Circuit District Attorney;

supplemental salary ............__.._._..__....._...___.___.380, 383, 605, 614, 768, 815 HB 1305--Weights of Vehicles; hauling granite from
quarry to plant ....._...__.._..........___.__..___._.__....563, 574, 758, 763, 843, 901

HB 1306--Prescription Eyeglasses; lens requirements __..___.........._..___.265, 273, 920, 924, 1027, 1145, 1241, 1267
HB 1308--Bibb County Superior Court District Attorney; appoint investigators ___..._..._.....___..___.___._..........._..195, 203, 275, 305, 332

HB 1309--Real Estate Salesmen; license applicant furnish

evidence of study completion ___..__..__.___.264, 273, 385, 439, 479, 522, 593

HB 1310--Elections; revise procedures for absentee voting .....__._._.__...__.___..._.....____419, 427, 919, 924, 1027, 1145, 1241, 1283

2722

INDEX

HB 1311--Early County Sheriff; compensation ....__..... . .195, 203, 275, 306, 333

HB 1312--Early County Commissioners; contract

provisions ,,...________---______..________.,,___________________.. __196, 203, 275, 306, 333

HB 1313--Municipal Election Code; clarify

amendments _______.._______.__._..__.419, 427, 919, 924, 1027, 1145, 1242, 1292

HB 1315--Superior Court Clerk's Retirement Fund;

benefits __..___......____-_.....______....__.__.._.._______.419, 427, 1326, 1331, 1385, 1460

HB 1316--Public School Retirement System; notify members in

in advance of retirement date ___.590, 600, 1011, 1017, 2067, 2216, 2475

HB 1317--DeKalb County Superior Court Clerks;

homestead exemption notices __......1115, 1123, 1786, 1795, 1859, 2067,

2071

HB 1321--Flue-cured Tobacco; licensing and

marketing .______________________._._._______.169, 170, 429, 467, 557, 617, 668, 2179

HB 1322--Shiloh; elections ..-.............-.....^-....-....---.....196, 204, 276, 306, 333

HB 1323--Rural Mail Carriers; display flashing amber

lights .

1356, 1359, 1821, 1822, 2216, 2526, 2588

HB 1325--Motor Vehicle Violations; arresting provisions ..822, 830, 1821, 1822

HB 1326--Driver's License Examiners;

salaries ._......____-,,.._._______.._.__..______..__.___ 420, 427, 686, 690, 768, 843, 902

HB 1327--Accident Reports; change provisions for making

by law enforcement agencies ........_______.........___.1115, 1123, 1821, 1823

HB 1328--Foreign and Domestic Corporations; penalty for

failure to file report -._._-_........._______...-.__-_____.-_.....___.457, 462, 1009, 1014

HB 1329--Motor Contract Carriers; regulations exempt vehicles

transporting nursery stock or sod grass ___.._._..__..._._... ,,.___. 1580, 1581

HB 1330--Public Safety Department; suspension of officer,

hearing within 30 days ....__.____.........______._.______.___.1115, 1123, 1789, 1796

HB 1331--Speed Restrictions; prescribe for State _._ 1115, 1123, 1324, 1329, 1773

HB 1333--Security Deed, Secondary; relieve certain persons from

Residential Property Regulation

Act __-_________676, 681, 917, 930, 1027, 1145, 1242, 1259, 1298, 1385, 1527

HB 1334--Teachers' Retirement System; leaves of absence,

creditable service ,-....,, 1364, 1371, 1822, 1823, 2216, 2398

HB 1335--Elections; change residency requirements

for electors __......___..__.........___.420, 428, 919, 924, 1027, 1145, 1242, 1284

HB 1336--Municipal Elections; voter eligibility, procedures for

defective ballots ___......__.____....... 420, 428, 919, 924, 1027, 1145, 1242, 1285

HB 1339--Municipal Election Code; notice of candidacy,

false statement, misdemeanor .....______.420, 428, 1128, 1131, 1770, 2050

HB 1340--Heritage Trust Commission; create ..,,._.____..._.. 1809, 1817, 2052, 2053

HB 1342--Speech Pathology and Audiology, Board of Examiners;

create ....._..___..__......._._______.._...__._...907, 915, 1589, 1594, 2216, 2498, 2588

HB 1343--DeKalb County; investigative grand juries ........___-___.____....___._._..__.______....-__..264, 271, 311, 440, 603, 606, 691

HB 1344--Joint Municipal Employees' Retirement; coverage for municipal employees ____.___________.__._______.592, 600, 1011, 1017, 1242, 1295

HB 1346--Fishing Boats of Aliens and Non-Residents; license fees _____.__.....______....-__..___....___.___._._._.265, 273, 687, 691, 1242, 1269

HB 1347--Macon Board of Water Commissioners; abolish ____________.______._____________..______.._.___________.._.___.___.152, 154, 276, 306, 334

HB 1348--Macon-Bibb County Water & Sewerage Authority; ' rates ..-.______-.........--_______....___.___.....-..________--___.152, 154, 276, 306, 334

HB 1349--Cigars and Cigarettes; seizure of property illegally held ._.......__..___,,......___._.__..__.... ..._.____..822, 830, 1786, 1794, 2067

INDEX

2723

HB 1350--Farm Trailers; exempt from independent braking system requirements .......... ........................ 324, 328, 540, 543, 703, 722
HB 1351--State Self-Insurance Program; authorized to contract for automatic sprinkler systems in properties .__............._....._._. 738, 746, 918, 930, 1027, 1145, 1242, 1274

HB 1352--Escape; redefine escape from lawful custody -._______..__._.--_-___.___.___.._--_-_-.__.___.823, 830, 1325, 1330, 1613, 1614
HB 1355--Employment Security Law; increase maximum benefit amounts ..................................._._._.__ 295, 301, 540, 543, 617, 652

HB 1356--Sanitarian License Applicant; examination prior to

experience requirements

...

265, 273, 1128, 1137

HB 1359--Crimes Involving Bodily Injury; define terroristic

act relating to passenger conveyances ......265, 274, 363, 390, 452, 534

HB 1361--Dental Examiners License; grounds for suspension

or revocation .........................................169, 170, 1128, 1137, 2067, 2563

HB 1365--Teachers' Retirement System; filing service retirement

applications -................................677, 681, 1326, 1331, 1385, 1524, 1810

HB 1369--Employees' Retirement System; Warm Springs Foundation

employees, credit . .. ....................................... 457, 462, 759, 762, 933, 969 HB 1371--Town of Thunderbolt; new charter ........._._. 226, 231, 385, 433, 474

HB 1372--Tax Refunds; provisions for refund by cities and counties for illegally or erroneously collected funds ..... ........... !......___.._............._._.355, 361, 684, 688, 768, 933, 962, 1308
HB 1373--Agricultural Spreaders; width requirements .............. ............... 823, 830, 1010, 1017, 1613, 1620, 2050

HB 1374--Evidence; unlawful to tamper with or plant ......... ............. .._.._____._... .......__..__.._..... 227, 232, 387, 439, 479, 530

HB 1376--Appropriations for Operation of State Government; supplemental, 1974 ................457, 463, 917, 924, 1027, 1044, 1155, 1166, 1182, 1489, 1576
HB 1377--Appropriations for Operation of State Government; 1974-75 .....991, 1004, 1572, 1612, 1629, 1750, 1756, 1766, 2003, 2270, 2271
HB 1379--Civil Practice Act; amend section relating to process and service ........._.._...___.___....._.......__________........____...__._..._.. 591, 600

HB 1380--Criminal Cases; provide for discovery and inspection _._..____... 591, 600 HB 1381--Hapeville; election of councilmen-at-large ... 733, 748, 2035, 2040, 2054 HB 1382--Brooks County; disposition of fines from
traffic cases . ...__.___._.__._..._.......__._._._._.__.._.....196, 204, 712, 918, 927, 1020 HB 1385--City of Rochelle; dispose of certain
property . .._..........._.........._._..._................_...__._._... 196, 204, 276, 306, 334

HB 1386--Atlanta; employees' pensions, armed forces credit ............1112, 1120 HB 1389--Married Women; act as surety on criminal bail bond ...... ..... 823, 830

HB 1390--Armed Forces Members; dependents entitled to in-State tuition at university system schools ........1395, 1570, 2164, 2170, 2171

HB 1391--Retail and Wholesale Stores; certain minors may be employed _.......___._.__._____..__..._........_..._.___ 295, 301, 606, 610, 933, 989
HB 1392--Pesticide Use and Application Act; change certain provisions relating to surety bonds and insurance requirements ._...__._._.....___.___.............1576, 1581, 2034, 2039, 2067, 2558

HB 1393--Spalding County State Court Judge and Solicitor; compensation ___.______..___._.._._______.___.__________.....________196, 204, 276, 306, 335

HB 1394--Honorary Driver's License; provide for decal _._._........._._._..__.__......._........_..._.._______......._.......1577, 1581, 1820, 1823

HB 1395--Environmental Education Advisory Council; create, work with Natural Resources Dept. ....... 355, 361, 687, 691, 2067, 2560

2724

INDEX

HB 1398--Muscogee County State Court; appoint second

assistant solicitor --------___.______,,------------------196, 204, 276, 307, 335

HB 1400--Chattahoochee Judicial Circuit District Attorney;

salary supplement ------,,_._____._--------------196, 204, 388, 439, 479, 529

HB 1401--Pharmacists; temporary licenses, reciprocity ______ 264, 274, 431, 467,

557, 617, 667

HB 1402--Agriculture Department; license pecan processors

and wholesalers ----------------------381, 384, 429, 467, 557, 565, 678

HB 1404--Dodge County Deputy Sheriffs;

compensation ----------_.__________--________.__... 226, 231, 386, 433, 474

HB 1405--DeKalb County Alcoholic Beverage Sale;

hours of consumption on premises _----1364, 1371, 2164, 2170, 2171

HB 1407--Jury Duty; change provisions relating to

women .____.____..._.________......_____.._____1156. 1187, 2164, 2169, 2171

HB 1408--District Attorney Emeritus Retirement Fund;

eligibility and benefits ,,__... ------------------------------------.-- 457, 463

HB 1409--Georgia Building Authority Act; change

membership _____________.___.............._____.___.____..._______.___.___.295, 301, 2037, 2040

HB 1410--Legislative Services Committee; jurisdiction over

State Capitol Building -------------------.295, 302, 685, 691, 843, 933

HB 1411--Cities and Counties; revenue sharing reports to

Planning and Budget office --------_------------__ 266, 274, 1008, 1014

HB 1413--Dougherty County Ordinary; compensation ____....___.226, 232, 329, 366,

390, 421

HB 1415--Malt Beverage Excise Tax; cities and counties

impose __.._.----.---- 1578, 1582, 1741, 1819, 1824, 2067, 2073, 2164, 2368,

2373

HB 1418--Hospital Authorities; issue obligations other

than revenue ..__............_...____________..._.... 354, 361, 685, 690, 768, 933, 988

HB 1419--Hospital Authorities; clarify meaning of

"project"

---------_... 355, 362, 1128, 1137, 1242, 1859, 1972

HB 1420--Toombs County Small Claims Court;

create ...._._-._.__...___-______________._________...____.....___-_._._____.263, 271, 386, 433, 475

HB 1423--Public Safety Department, Uniform Division;

change time of retirement ------------------ ------ ------ 676, 681

HB 1425--Sheriffs of Various Counties; contract with cities

for services ------------------------ 938, 990, 1589, 1594, 2067, 2105

HB 1428--Sheriffs' Retirement Fund; death

benefits __-____.-..-__.________________...._.._....__..___.907, 915, 1572, 1573, 1613, 1741

HB 1429--Sheriffs' Retirement Fund; benefit

options ________.___.___.................__.._._________908, 915, 1326, 1331, 1385, 1462

HB 1431--Electrical Contractors Act; issue license without

examination ................__...__.________..381, 384, 1009, 1013, 1242, 1859, 1980

HB 1435--Judgment Against Garnishee; change certain

terms -------------------------- ._

1576, 1582, 2097, 2151

HB 1437--Teachers' Retirement System; military service credit -----------_--------------.676, 682, 1572, 1573, 2067, 2216, 2474

HB 1438--Clayton County Deputy Tax Commissioner; compensation _..-___--........_.------------------263, 271, 1007, 1015, 1139

HB 1439--Clayton County Commissioners; create districts and posts ---.----.-_..._._--------___.------ ---- 263, 271, 1007, 1015, 1139

HB 1446--Boat Safety Act; licensing and numbering of livery boats ------------------------T.__------1365, 1371, 1791, 1799, 2067, 2123

HB 1448--Municipal Corporations; purchase liability insurance ..----.--------------------591, 600, 1786, 1793, 2067, 2216, 2502

INDEX

2725

HB 1449--Motor Contract Carriers; safety rules and

regulations

....________________ 738, 746, 1590, 1592, 2067, 2216, 2378

HB 1450--Motor Contract Carriers; Public Safety Department

have jurisdiction .__._______.___.........738, 746, 1590, 1593, 1859, 1984, 2179

HB 1452--Pood Service Establishments; information on menus

about certain meat ___.___. 457, 463, 920, 925, 1027, 1145, 1242, 1385, 1454

HB 1453--Walthourville; incorporate ................. 263, 271, 386, 433, 475

HB 1455--Correctional Industries Act; change composition of

administration .....__.__...._.....______.__....._.____..__.374, 379, 605, 611, 703, 729

HB 1456--Reidsville Airport Authority; create ....___.___.__. 264, 271, 386, 433, 474

HB 1457--Peace Officers' Annuity and Benefit Fund;

change definition of "peace officer" ___ 591, 601, 1326, 1331, 1385, 1466

HB 1458--Peace Officers' Annuity and Benefit Fund;

option payment choice _____._._____..___..._.591, 601, 1326, 1331, 1385, 1468

HB 1462--Clayton County Board of Education;

provide expenses .----._...__..-.-- ------_____._.--_--____.322, 326

HB 1463--Motor Vehicle Licenses; temporarily leased

trucks

........._..._.._._..... ..532, 538, 758, 763

HB 1464--Private Schools; exempt transportation charges and

admission fees to athletic events from sales tax,

certain cases _...__.______-__._.____.675, 682, 1786, 1795, 1859, 1861, 2178, 2257

HB 1465--Nonprofit Credit Union Deposit Insurance Corporation;

authorize incorporation __..__.___________.1303, 1316, 1786, 1794, 2067, 2102

HB 1467--Candler County Superior Court Clerk;

compensation .._..--........... 293, 299, 386, 434, 475

HB 1468--Candler County Tax Commissioner;

compensation __-..-.....____.__.._,,.....-__.___._...-...___.____...264, 272, 386, 434, 476

HB 1469--Candler County Sheriff; compensation __...._._._.264, 272, 386, 434, 476

HB 1474--Drugs, Vehicles Transporting _______._.____________...___________.___.__.675, 682, 1011

HB 1476--Net Income Tax; terms same as U. S.

Internal Revenue ___._...._._.._..__.823, 831, 1786, 1795, 2067, 2216, 2499

HB 1477--Savannah Board of Education;

filling vacancies .

293, 299, 429, 469, 545, 629, 644

HB 1482--Upson County Ordinary; appoint clerk __......_..417, 424, 756, 766, 835

HB 1483--Upson County Commissioners; elect chairman ..

418, 424

HB 1484--Upson County Ordinary's Clerk; compensation .........--__..__ 293, 299

HB 1485--Upson County Tax Commissioner; compensation .__.........._____.418, 425

HB 1486--Upson County Sheriff; appoint chief deputy -__..._..._.__..__......293, 299

HB 1487--City of Dalton; provide pension plan for certain employees .___._.........,,._.._.___..............__.......-..__ 992, 1000, 1215, 1220, 1338

HB 1488--Walker County Tax Commissioner; compensation .....__..___.__._......._..._...__......._..__......___.294, 299, 603, 607, 692
HB 1489--Walker County Clerk of Superior Court;

compensation

....._..._..._.... 294, 299, 603, 607, 692

HB 1490--Walker County Ordinary; compensation ....___ 294, 300, 603, 607, 692

HB 1491--Walker County Sheriff; compensation ____________ 294, 300, 603, 607, 693

HB 1492--Walker County Commissioner; compensation ...294, 300, 603, 607, 693

HB 1495--City Tax Assessors; use county tax assessments for

taxation purposes ...

823, 831, 1786, 1794, 2067, 2216, 2553

HB 1499--Fulton County; levy hotel and motel tax ___.._-__-_____._..__-__-...___-__-______________.._-_-__._____._-____-...._-___-__.--._ 1807, 1815

HB 1500--Fulton County Emeritus Offices; exempt from repeal ...__________-_.._________..__..________733, 748, 1127, 1133, 1233

HB 1502--Fulton County; examination of statistical engineers and firemen; repeal Act _...-.._.____.__..__-___.1734, 1779, 2128, 2153, 2183

2726

INDEX

HB 1503--Fulton County Jurors and Bailiffs;

compensation ____._______.._______._______...___.____.._.1113, 1120, 1586, 1600, 1829

HB 1504--Exceptional Children; special educational

facilities .._._._.._..._........_.__-__..738, 746, 920, 925, 1027, 1145, 1242, 1275

HB 1505--Agriculture Department; divisions of consumer affairs,

create .-....---..._._.__-1439, 1570, 1789, 1796, 2216, 2374

HB 1506--Uniform Reciprocal Enforcement of Support Act;

provide with Canada ........_..._..-....__..._._.-_..591, 601, 1129, 1136, 2067

HB 1507--Civil Defense Act; emergency powers of

Governor ............ 1195, 1210, 1789, 1797, 2216, 2375

HB 1508--Flashing Red Lights; certain private

motor vehicles ...-____._.-..... 1195, 1210, 1789, 1797, 2216, 2376, 2478, 2480

HB 1509--Interstate Civil Defense and Disaster Compact;

application ___.__._....._..___..___........._..___..___._._............_.1195, 1210, 1789, 1797

HB 1511--Calhoun County Tax Commissioner;

compensation

.................... 294, 300, 386, 434, 476

HB 1512--MARTA Rapid Transit; exempt from sales

tax levied ......_..__.._.____........._._..._.996, 1004, 1786, 1795, 1859, 2067, 2104

HB 1513--Douglas Commissioners; date of

election .........._.-__.____......_.._____-....__.__........__..__._._.....294, 300, 386, 434, 477

HB 1514--Volunteer Firemen; redefine under Firemen's Pension

Fund Act ._-_.__.-__-__......__.___....._______.___-._.592, 601, 1822, 1823, 2216, 2220

HB 1515--Fulton County Commissioners; election .._..._...--_............._...1808, 1815

HB 1517--Richmond County; purchase of supplies and

materials ____.........__.___........._.__........___.___._._.....1299, 1311, 1787, 1800, 1839

HB 1519--Fulton County School System Retirement;

postpone commencement ._..._............. 733, 748, 2126, 2160, 2200, 2585

HB 1520--Fulton County School System Retirement;

formula for reduction ._____________.____________..__.__..733, 748, 2127, 2160, 2211

HB 1521--Fulton County School System Retirement;

prior service schools ...____.........._______........._..733, 749, 2127, 2160, 2211

HB 1523--Fulton County School System Retirement;

reduce pensions __.......-.__................--__..._......... 1735, 1779

HB 1526--Retirement System; include certain employees of

Natural Resources and Revenue Depts. ............1304, 1316, 1822, 1823,

2216, 2419

HB 1527--City of Athens; pension plan for urban

renewal employees ____.._..________._.___.....____._..1195, 1201, 1563, 1567, 1606

HB 1528--Demand for Trial; held in abeyance

until certain date ..._...._..

1196, 1210

HB 1530--Traverse Juries; civil actions less than

$3,000, jury of six ____.__________.______....___..._______________.____....__..________....1812, 1817

HB 1532--County Tax Assessor Boards; alternate member

serve ..........................

.... 908, 915

HB 1534--Forestry Commission; federally funded fire protection

assistance programs __._.....__.__..........1303, 1316, 1791, 1799, 2067, 2124

HB 1535--Forestry Commission; check infestation in

trees ....._...,,._........ 1115, 1123, 1322, 1329, 1613, 1751

HB 1536--Post Mortem Examination Act; allow blood sample

from person unable to give consent . .-1578, 1582, 2095, 2152, 2216,

2509

HB 1537--Alcohol Blood Tests; qualifications of

laboratory technician ._..____........_...__..1578, 1582, 2052, 2053, 2216, 2510

HB 1538--Bacon County Ordinary; compensation ___________.322, 327, 429, 470, 549

HB 1539--Bacon County Tax Commissioner; compensation ....... 322, 327, 429, 470, 549

INDEX

2727

HB 1540--Post Mortem Examination Act; Crime Laboratory use

Public Safety Director's aircraft __..__. 996, 1004, 1589, 1592, 2067, 2097

HB 1548--Columbus Councilmen or Mayor; qualification

for elective office ..........____....._.. 323, 327, 429, 470, 549

HB 1549--Columbus Medical Center Board of Commissioners;

membership ___-___.__-____-___..-_-.-_-_--_..___-__._..................323 ( 327, 429, 470, 550

HB 1550--Columbus; contractual claims ______.________.___________.323, 327, 429, 470, 548

HB 1551--Columbus; council and mayor pro tern ...--....323, 327, 430, 470, 550

HB 1552--Columbus; effective date of ordinances .._.___.___ 323, 328, 430, 470, 550

HB 1554--Peanut Producers; compensate for those not qualified

for marketing

_

738, 747, 1006, 1014, 1859, 2016

HB 1555--Prosecuting Attorneys' Council of Georgia;

create .......... .._.._... ..................._ 1116, 1123, 1185, 1327, 1329, 1613, 1622

HB 1556--Private Employment Agencies; regulation

of ... ....__.._..._.._...._. ....................... 908, 916, 1128, 1132, 1242, 1859, 2008

HB 1558--Waycross Judicial Circuit; additional

judge ..... _............---_--_--..--_-_..-_.677, 682, 1129, 1136, 1242, 1385, 1479

HB 1560--Driver's License; permission for gift of all or part

of body ._.._....._.._.__-.___-_.-_.._._--.__-.___._....__._. 676, 682, 921, 925, 2067, 2125

HB 1561--Louisville Councilmen; method of election _.__._. 353, 359, 464, 471, 551

HB 1562--Chatham County Juvenile Court; create .......... 380, 383, 464, 471, 551

HB 1570--Habersham County Board of Commissioners;

compensation _....._._........___.._.._._..__......_................. 353, 359, 430 471, 551

HB 1571--Minimum Foundation Program of Education;

personnel and fund allotments to schools

designated "isolated" ........... - 1577, 1582, 1821, 2009, 2040, 2216, 2231

HB 1572--Courts; transfer of justices and judges by

consent _....______...__...__._.____..__.___._......__..._........... 1299, 1316, 2164, 2169, 2172

HB 1573--Crime with Intent to Commit Certain Other Crimes;

provide penalty .__._._.___._._.._._._......................___.._.._.. 676, 683, 1327, 1329

HB 1574--Carroll County Ordinary; compensation ___________ 353, 360, 464, 471, 552

HB 1575--Carroll County Tax Commissioner;

compensation __._____.___.._...........__............................353, 360, 464, 471, 552

HB 1576--Carrollton Mayor and Councilmen; election ____ _. 354, 360, 464, 471, 552

HB 1577--Carrollton; extend corporate limits .._.____________... 354, 360, 464, 471, 553

HB 1578--Carroll County Sheriff; compensation ____....___.354, 360, 464, 472, 553

HB 1579--Carroll County Board of Elections;

provide _______.________________________________..__.._............._._.... 354, 360, 464, 472, 553

HB 1580--Carroll County Superior Court Clerk;

compensation .....__......_..........__..___.________________..._.___. 354, 361, 464, 472, 554

HB 1581--Carroll County State Court Judge;

compensation .__________..__.___..........._......___________________.354, 361, 464, 472, 554

HB 1582--Carroll County Commissioner; compensation ...354, 361, 464, 472, 554

HB 1584--Higher Education Assistance Authority Act;

establish scholarship program ___________ 738, 747, 1130, 1132, 1613, 1744

HB 1585--Richmond County; intangible taxes by

installment .......__.._._______.___._.______________._._.___... 905, 911, 1787, 1800, 1839

HB 1589--Unlawful Discrimination Practices; relative to ----.1576, 1583, 1961

HB 1590--Employees' Compensation; deferment, State,

City or County _____..._._.__..___.__.___..___.823, 831, 1216, 1225, 1613, 1859, 2028

HB 1591--Georgia State Financing and Investment Commission Act;

reimbursement _______________ 532, 538, 918, 930, 1027, 1145, 1242, 1385, 1480

HB 1593--Malt Beverages Sale; city and county golf courses __..____________________________________._._..._....997, 1004, 1218, 1226, 1385, 1451

HB 1594--School Year and Month; redefine --------677, 683, 920, 925, 1027, 1145, 1242, 1279

2728

INDEX

HB 1595--County and Independent School Superintendents;

bonds ,,,,-._._.,,,,._..,,__,,____.,,,,._..._....... 677, 683, 920, 926, 1613, 1625 HB 1596--County Tax Digest; millage rate adjustment by

Education Board ............................_._.___.....1577, 1583, 1821, 2010, 2040 HB 1597--Natural Resources Act; state make grants and
leases _-_..-____.___..___..-...._.__..-.-..._..-..._..738, 747, 1217, 1225, 1385, 1478 HB 1599--Military Legal Assistance Act of 1974;
enact .............__.___.__.-___.__._-..._-._____._......._.___._._.__..533, 538, 1791, 1798, 2067 HB 1600--Cruelty to Animals; prohibit sale of certain animals
as pets or novelties ....................._-._____.-._............_.1575, 1583, 2130, 2153 HB 1601--Examining Boards; additional points given certain

bonds __-..-................_.__...._..___.._..............___..-._._......-........-........-_.1196, 1211

HB 1602--Ports Authority; change interest rate on revenue

bonds _______.._._____________._..___.___739, 747, 1010, 1018, 1242, 1385, 1452, 1810

HB 1603--Motor Vehicle Certificate of Title; replacement

issued in lieu of duplicate if lost or

stolen ..................____..___..__.__.._._._._.___._.__...___..823, 831, 921, 926, 1613, 1732

HB 1604--Motor Vehicle Certificate of Title; eliminate

non-negotiable copy of title ____._._._..,,. 824, 831, 1129, 1132, 1613, 1733

HB 1605--City of Roswell; change corporate

limits ......_...____.___.___._.____..___.__..__...__.___.__......1735, 1779, 2128, 2153, 2183

HB 1606--Public Safety Department; change compensation,

certain employees

,,._.,,,,_.. 1364, 1371, 2034, 2038, 2543

HB 1607--Juvenile Court Code; change hearing time,

certain cases ___._______.___........_--__._.--,,.......___.___._.._._._._..........

739, 747

HB 1610--MART A, Rapid Transit; limit amount of tax proceeds used to subsidize operation .._.... 997, 1005, 1786, 1794, 2067, 2572

HB 1612--City of Manchester; corporate limits .....__.._...._.381, 383, 464, 472, 555

HB 1614--Motor Vehicle Commission; create ________________________________________ 1355, 1359, 1590, 1593, 1859, 1981, 2180
HB 1615--Presidential Preference Primary; establish procedure for date selection .........................._..__.___.___.._..824, 831, 919, 925, 1613, 1752
HB 1616--Human Resources Commissioner; delegate powers and authority .._.__...._......._._..__.___.__..._..._...._........._.1266, 1297, 1789, 1797
HB 1617--Burke County Superior Court Clerk; compensation __...__._____._-.__-..___-___........._....._......_._..381, 383, 756, 765, 836
HB 1620--Fulton County Criminal Court; solicitor general, salary ______.._............................................_..._..1735, 1779, 2128, 2153, 2183
HB 1622--Registration of Trademarks; change provisions .....1365, 1372, 1961, 1962
HB 1626--Counties; reimbursed for cost of maintaining prisoners, certain cases _______.___________________.___.__.._.-1365, 1372, 1790, 1798, 1859, 1987
HB 1627--Income Tax Payment Act; intentional conversion of funds punished as felony ..__._............._._____..__-.-......___.__..1116, 1124, 2051, 2053

HB 1628--Sales Tax; intentional conversion of funds punished as felony ..........._.._____._.._....._.................1116, 1124, 2051, 2053

HB 1629--High Voltage Electric Lines; relating to precautions around, definitions ......_.._____..__.._.___.___.___......__.1304, 1317, 1590, 1593, 1859, 2011
HB 1630--Polling Place; increase minimum number of vote recorders required -__.._-._.......-......___..__-._.._...__.-_.-._.824, 832, 1589, 1594
HB 1631--National Bicentennial Commission; at large members ........1574, 1583

HB 1632--Beef, Lamb, Pork Sales and Advertising; prohibit certain deceptive practices ______..-........._...____.___.824, 832, 1006, 1014, 1242, 1280

'"3--Dougherty Judicial Circuit; additional judge .__.......__.__.___........_._..1196, 1202, 1565, 1567, 1613, 1623

INDEX

2729

HB 1635--Calhoun; define corporate limits ____.._......._.... 418, 425, 603, 607, 693

HB 1637--Drivers' Licenses; Public Safety Commissioner

formulate rules and tests .._.__-....._.....-______.1810, 1817, 2131, 2153, 2577

HB 1638--Superior Court Judges, District Attorneys;

secretaries' compensation _____......._....._..._____.__......1286, 1297, 2095, 2151

HB 1639--Conasauga Judicial Circuit; additional

judge .........._.._____............._.._..._____...__1305, 1317, 1791, 1800, 2216, 2479

HB 1644--Muscogee County Tax Return Act; change

population figures ...,,....__,,...-,,-- 418, 425, 603, 607, 694

HB 1646--City of Ocilla; aldermen qualifying for

mayor ..___._____.........____.__-_-..-_..___.-..._......_...._.___-..-...__.418, 425, 603, 608, 694

HB 1648--Savannah Beach, Tybee Island; change corporate

limits ,,,,----_. _,,_.._- 418, 425, 603, 608, 694

HB 1649--Tattnall County State Court Judge;

compensation __...._..______._.........__......_......__..__..__.__..418, 426, 603, 608, 695

HB 1650--Tattnall County State Court Solicitor;

compensation ._

_ _ _.........419, 426, 603, 608, 695

HB 1654--Dasher; power of Town Council to levy ad valorem

taxes __..._........_...._._._._____..___.......-....____.___.......___...._.419, 426, 603, 608, 695

HB 1655--Monticello Police Court; change name ___.......... 419, 426, 603, 608, 696

HB 1657--Medical Records; confidential and

privileged ______..___..___.______.__...__._...677, 683, 1128, 1137, 2067, 2216, 2497

HB 1658--Planned Growth and Development; provide for

in Georgia ......_____..-...............__.__.___.___.....533, 538, 919, 925, 1613, 1740

HB 1661--Grand Jurors; increase maximum number to

draw from .__.__.............._______._____..........._______._. 824, 832, 1324, 1332, 2067

HB 1662--Decatur County Sheriff; change duties .._.__...._ 419, 426, 603, 608, 696

HB 1663--Carroll City-County Hospital Authority;

filling vacancies ___.__-......._..______..._.__....._..._..____..__..455, 461, 603, 609, 696

HB 1665--Consumer Credit; rebate or discount on sales to

consumer for names of prospective buyers

illegal _______._........._.___._,,........______..___.........___..__.__...__..........___._.___. 1575, 1583

HB 1666--Richmond County Commissioners; hire clerk and attorney;

regulate access points and utility

excavations ___...-...-_..._._..___.___.-...-_..-_.__.905, 912, 2128, 2153, 2212, 2587

HB 1667--Richmond County; permanent tenure Act, exempt certified

officers _______.___..__..._._______________.._.__.___________.___._.905, 912, 1787, 1801, 1840

HB 1668--Augusta-Richmond County Charter Commission;

create .........._._._.__...._.._-.............-._.____._.-....-......905( 912, 1787, 1801, 1840

HB 1669--Richmond County Merit System Council;

duties and functions .....______..__.___.__,,__...-_..._..._ 905, 912, 2128, 2153, 2185

HB 1673--Webster County Sheriff's Employees;

compensation ..__.._.._..__..___.._.._.............._.____.____..___.456, 461, 603, 609, 697

HB 1674--Stewart County Clerk of Commissioner;

compensation _.____________..__................__.._____..,,.........456, 461, 603, 609, 697

HB 1675--National Bicentennial Commission; proceeds

from contracts

. 824, 832, 1126, 1132, 1242, 1270

HB 1676--Funeral Service Contracts, Pre-Need; change provisions and requirements ___________--_-.___.___.1116, 1124, 1589, 1595, 1859, 2005

HB 1678--City of Alpharetta; maximum fines and jail sentences .,,___.___._.. 1113, 1120, 1586, 1600, 1829

HB 1679--Mclntosh County Sheriff; compensation ___.... 456, 461, 603, 609, 697

HB 1680--City of Sunny Side; governing body ___._._._....... ...___._._.........._......456, 461

HB 1682--Ft. Oglethorpe Mayor and Alderman; election ..........__._.._._.__.............____.__..__....__._.____._..._...456, 461, 756, 765, 836

2730

INDEX

HB 1683--Jeff Davis County Small Claims Court;

change population figures ....... 456, 461, 603, 609, 698

HB 1686--Centralhatchee; reincorporate ..........................Af>&, 462, 603, 609, 698

HB 1687--School Bus Drivers; minimum

salary ..______.._._..._._.___._...._______......_._____...1116, 1124, 1324, 1330, 1385, 1465

HB 1689--General Assembly Members; prohibited from appearing

before Pardons and Paroles Board . ..............1365, 1372

HB 1690--Pierce County Sheriff; compensation ...._........._.589, 598, 756, 765, 836

HB 1691--Pierce County Tax Collector;

compensation __._....___._._.....____,,_.._.___......._..._.._._.......589, 598, 756, 765, 837

HB 1692--Pierce County Tax Receiver; compensation _.... 589, 598, 756, 765, 837

HB 1693--Pierce County Commissioners; compensation ._. 590, 598, 756, 766, 838

HB 1695--Aiding Escape; change penalty _._._..._._.........._..1861, 1967, 2096, 2152

HB 1696--Buildings Accessible to Physically Handicapped;

change provisions on elevators ......_._._.--.--.._.._._.1478, 1570, 2095, 2151

HB 1697--Workmen's Compensation; change provisions relating

to third party tortfeasors, coverage and total incapacity

compensation ....-.____.___...._..-_.___.__--._.-._...__---.-...__.__---..............._.. 1116, 1127

HB 1699--Long County Commissioners; compensation . --.590, 598, 1586, 1600,

1829

HB 1705--Fiduciary Investment Companies; invest in real estate,

certain amounts _......_._.__.........._._.1116, 1125, 1786, 1794, 2067, 2111

HB 1706--Real Estate Brokers; change certain Code provisions,

define "referral agent" _......._...___.1304, 1317, 1589, 1595, 1859, 2017

HB 1707--Real Estate Brokers; qualifications of

members in partnerships and

corporations .._..___............___._._..........__.1304, 1317, 1589, 1595, 1859, 2018

HB 1709--Glascock County Tax Commissioner;

compensation . .

..

. 590, 599, 756, 764, 838

HB 1710--Glascock County Ordinary; compensation _ ... 590, 599, 756, 764, 838

HB 1713--Chatham County Metro Area Planning and

Development Commission; create ........

1578, 1584

HB 1714--DeKalb County Board of Registration and Elections;

provide ....._..._..___._._......__.___......._____._._._._.....1735, 1780, 2164, 2169, 2171

HB 1719--Pavo; change date of election ...._................ .733, 749, 1007, 1015, 1139

HB 1721--Upson County Small Claims Court;

change population figures ...___._____________._...__.___.590, 599, 756, 764, 839

HB 1724--Glynn County Tax Commissioner;

compensation ___.___.__.__.._________.._.___._.___________...__..590, 599, 1586, 1600, 1830

HB 1726--Planning Commissions; cities and counties

authorized to establish ___..........._..__.......................... ............1812, 1817

HB 1728--Fulton County Planning Commission;

repeal ___.___..........__..__......._._._.___. 1808, 1815, 2128, 2154, 2183, 2519, 2524

HB 1731--Conservation Rangers, Uniform Division;

classes of employees .. ......_._._..._..._..1303, 1317, 1791, 1799, 2067, 2118

HB 1735--Water Quality Control Act; redefine "pollution" and

"effluent limitations" ....._..___.._..._....1196, 1211, 1791, 1800, 2067, 2117

HB 1736--Recorded Materials; prohibit unauthorized reproduction,

sale or distribution ..........

908, 916

HB 1737--DeKalb County Recorder's Court Judge;

qualifications .....__.__.........._._._._.___._._._._....._._.1113, 1120, 1323, 1333, 1377

HB 1738--Rockdale County Sheriff's Deputies; compensation ___.._...._._____............_..._..._..._......... ....734, 749, 918, 927, 1020

HB 1741--Peace Officer on Duty, Charged with Crime; certain rights provided before indictment .-......-...-..-.-.-.......-..--1577, 1584, 1961, 1962, 2216, 2515

INDEX

2731

HB 1742--Peace Officer Organizations; unlawful to solicit donations or sell advertising unless person is employed ------------.----------_______.1305, 1318, 1961, 1962, 2216, 2514
HB 1743--Gordon County Superior Court Judge; certain special charges to grand jury -------734, 749, 918, 927, 1020
HB 1747--Columbia County Chairman of Commissioners; election _.-...-.-.__----------------------------734, 749, 1127, 1133, 1233
HB 1748--Columbia County Beard of Elections; provide ....-_---__-_-_.__-__------------------------..734, 749, 1127, 1134, 1233
HB 1750--Glynn County Superior Court Clerk; compensation ------_.. .___--------------__----______ 734, 750, 1587, 1600, 1830
HB 1751--Banking Laws; revise ---------------1114, 1125, 1322, 1332, 1385, 1481 HB 1755--County Boards of Tax Assessors; change membership
provisions and powers and duties ... 1577, 1584, 2051, 2054, 2216, 2394 HB 1757--Brunswick; define corporate limits ____________734, 750, 1587, 1600, 1830 HB 1758--Chattahoochee County Board of Commissioners;
compensation _...--------------------------------734, 750, 1323, 1333, 1377 HB 1759--Screven County Board of Commissioners; pension
benefit plan ___..------------.___--------------1113, 1120, 1323, 1333, 1378 HB 1760--Screven County Ordinary; compensation ----734, 750, 918, 927, 1021 HB 1761--Ambulance Service; provide for payment
for paupers _-__-----------------------------______1812, 1818, 2051, 2054 HB 1762--East Point Mayor; functions and
duties _.___------_--.........----------_:___------_.1735, 1780, 2128, 2154, 2185 HB 1763--Arrest Powers; University Svstem campus
personnel ------------.----------_----.1303, 1318, 1565, 1566, 2534, 2587 HB 1764--Criminal Justice Commission of Georgia;
create ------ ---- 1299, 1318, 1565, 1567, 1859, 2067, 2072, 2073, 2167 HB 1765--Real Estate License Tax; cities and counties
collect ......--1578, 1584, 1820, 1824, 2216, 2532, 2550, 2552, 2566, 2573 HB 1766--Rossville; new charter ----------------------905, 912, 1216, 1222, 1344 HB 1768--Lowndes County Sheriff's Office;
fiscal year budget --------------------.----------735, 750, 919, 928, 1021 HB 1769--Lowndes County Tax Commissioner;
fiscal year budget ._......_.--------------------735, 750, 919, 928, 1021 HB 1770--Lowndes County Superior Court Clerk;
fiscal year budget ----------.....___.___.___.--------735, 750, 919, 928, 1022 HB 1771--Rockdale County; payment of taxes in two equal
installments ------_----..............------___ ------821, 828, 1007, 1015, 1140 HB 1772--Richmond County Chief Investigator;
create position __----------.------_--------1299, 1311, 1787, 1801, 1840 HB 1773--Long County Board of Education;
compensation ----------.--------_--------_------735, 751, 1587, 1600, 1831 HB 1775--Harris County Sheriff's Deputies;
compensation __------------__------._____------------.735, 751, 919, 928, 1021 HB 1776--Chattooga County Sheriff's Office; additional
personnel ----------------....._...------------735, 751, 1216, 1222, 1344
HB 1777--Chattooga County Officer; accounting for funds .-....._..------_..------_--------------------735, 751, 1216, 1222, 1344
HB 1779--Candler County Ordinary; compensation .----735, 751, 919, 928, 1021
HB 1781--Austell; change corporate limits .......736, 751, 919, 928, 1024, 1367
HB 1782--Cobb County State Court; additional judge ------------------------------------------.736, 752, 2035, 2040, 2055
HB 1783--Dallas; change composition of wards .----736, 752, 1127, 1134, 1234
HB 1784--Wadley; reincorporate ------------------------736, 752, 1127, 1134, 1234

2732

INDEX

HB 1785--Burke County State Court Judge and Solicitor;

composition ------.._----------------.--------736, 752, 1323, 1333, 1378

HB 1786--Americus; off-street parking facilities --..736, 752, 1127, 1134, 1234

HB 1787--Sumter County Superior and City Court;

clerk's employees' compensation ------------736, 752, 919, 928, 1023

HB 1789--Alcovy Judicial Circuit; change provisions relating to

grand juries. .------------__------------821, 828, 1324, 1332, 1613, 1624

HB 1790--Lowndes County Ordinary's Office;

fiscal year budget -.,,--------------------------737, 753, 919, 929, 1023

HB 1791--Terrell County Board of Commissioners;

location -------- ...

821, 828, 1007, 1015, 1140

HB 1792--Terrell County Superior Court Clerk;

compensation --__._._.._------------------------821, 828, 1007, 1016, 1140

HB 1793--Sasser; new charter -------------------------821, 828, 1007, 1016, 1141

HB 1795--Gordon County Tax Commissioners;

compensation _--,,._..._..__._------------------822, 829, 1007, 1016, 1141

HB 1801--Accidents on Highways; vehicles must be moved

by driver -------.._.--------------------1117, 1125, 1324, 1329, 2565

HB 1802--Louisville; extend corporate limits -------- 822, 829, 1127, 1134, 1235

HB 1803--Town of Bartow; new charter ,

822, 829, 1127, 1134, 1235

HB 1805--Optometrists; prohibit discrimination

against -.------------._...----------------1356, 1359, 2037, 2039, 2216

HB 1812--Augusta Municipal Court; revise and clarify

laws ------------------------------------1113, 1120, 1787, 1801, 1854, 2180

HB 1814--Macon County Board of Commissioners;

compensation --------.--------------.-------- 822, 829, 1007, 1016, 1141

HB 1815--Minimum Foundation Program of Education;

teacher certification requirements -.1196, 1211, 1564, 1567, 2067, 2216,

2517, 2586

HB 1817--Police Academy; transfer to Public Safety Board

jurisdiction ----..----------------------------1578, 1584, 1820, 1824

HB 1818--Rockdale County Rezoning Application;

time limit --.-----------------------------822, 829, 1007, 1016, 1142

HB 1819--Fulton County Tax Assessors;

method of arbitration --------------------1808, 1815, 2128, 2154, 2185

HB 1828--Temple; incorporate _--------------------....... 905, 912, 1127, 1134, 1235

HB 1829--Vital Statistics Records, Human Resources Department;

no charge for search --------------------1778, 1779, 2095, 2151, 2567

HB 1830--Gordon County Commissioner; provide for office and

procedures ----------------------------------905, 913, 1127, 1134, 1236

HB 1832--Dental Examiners Board;

personnel ------------------------------1304, 1318, 1589, 1592, 1859, 2031

HB 1833--State Employees; repeal Act allowing city

government service under 1,000 population ... 1577, 1585, 1820, 1822,

2067, 2070

HB 1838--Pulaski County Deputy Sheriff;

compensation --------------..._..---- .------ _.906, 913, 1127, 1135, 1236

HB 1840--Saint Marys; closing certain streets .._..__.___ 906, 913, 1787, 1801, 1841

HB 1841--Registration of Securities; clarify certain

provisions .--------------------1305, 1318, 1786, 1794, 2067, 2140, 2181

HB 1842--Cordele Judicial Circuit; assistant for

court reporter ------------------------.906, 913, 1792, 1798, 1859, 2019

HB 1844--Alcoholic Beverages; airlines, passenger trains sell in smaller containers .----..----..-.....-1110, 1111, 1792, 1799, 1859, 1999

HB 1845--Alcoholic Beverages; provide for State licenses and fees, sales by drink ----------.-..----.--....1110, 1111, 1793, 1798, 1859, 2000

INDEX

2733

HB 1846--Alcoholic Beverages; procedure for reissuing license

and fee for initial application ___________ 1110, 1111, 1793, 1798, 1859, 2001

HB 1847--Alcoholic Beverages; increase quantity sold by

retail licensee _,,-__.____________,,.......__.____________________.,,. 1110, 1111, 1800, 2216

HB 1848--Alcoholic Beverages; increase quantity possessed in

any County _...,_,,________________......_______________ 1155, 1187, 1792, 1800, 2216

HB 1849--Douglasville-Douglas County Water Authority;

create ._..._.._.__._,,._..__,,_ 906, 913, 1563, 1567, 1606, 1792

HB 1850--Superior Court Judges and District Attorneys;

secretaries' compensation ______.__,,___..______..___________ 1364, 1372, 2034, 2038

HB 1851--Planning Commissions; governing authority's decision

contrary to recommendations must be in

writing __.._.__,,.._.____. 1365, 1372, 1789, 1797

HB 1852--Monroe County Small Claims Court;

create ._..._..___.____________________________,,...._________._ _.___.906, 913, 1127, 1135, 1236

HB 1857--Cherokee County Water Authority;

change name .... ..............__._._.____.....__.............906, 914, 1127, 1135, 1237

HB 1858--Dawson County Commissioner;

compensation __________________________________________________ 906, 914, 1127, 1135, 1237

HB 1859--Dawson County Tax Commissioner;

compensation ___-.-_-,,,,____._____________...____,,_.....__. 907, 914, 1127, 1135, 1237

HB 1860--Dawson County Sheriff;

compensation ._._.._ _ .________________-_907, 914, 1127, 1135, 1238

HB 1863--Burke County Small Claims Court;

supplies ___________________________.._.____________________..____1196, 1202, 1587, 1601, 1831

HB 1864--Cherokee County Commissioners;

provide for .__.____________________..._.._...._______________ 992, 1000, 1215, 1220, 1339

HB 1867--Catoosa County Sheriff Deputies;

compensation ____________________________________________ 992, 1000, 1215, 1220, 1339

HB 1868--Catoosa County Commissioner;

compensation _--_..__._._... 992, 1000, 1215, 1221, 1339

HB 1869--Catoosa County Commissioner Clerks;

compensation ____________________.,,__________________,,____..._ 992, 1001, 1215, 1221, 1340

HB 1870--Ringgold; corporate limits and compensation of

officers ________.____._-_--____________,,_____.__..___.__ .1196, 1202, 1563, 1567, 1607

HB 1872--Stephens County; commissioners and referendum

elections ._ .....____________________...._...._..________992, 1001, 1216, 1222, 1353, 1576

HB 1873--Cherokee County Sheriff; compensation ___ 992, 1001, 1215, 1221, 1340

HB 1874--Dawson County Court Clerk and Ordinary;

compensation ___--.-___-.___________._.____________ 993, 1001, 1215, 1221, 1340

HB 1879--Richmond County School System; continued

existence ...._._.

1113, 1121, 1787, 1801, 1856, 2180

HB 1880--Marietta; extend corporate limits ....993, 1001, 1587, 1601, 1852, 2180

HB 1881--Smyrna; extend corporate limits ___.1113, 1121, 1323, 1333, 1379, 1810

HB 1882--Powder Springs; extend corporate

limits -..___________---_-_.,,_-____________,,_.,,.__. ___1113, 1121, 1787, 1801, 1841

HB 1883--Savannah; extend corporate limits ______ 1196, 1202, 1563, 1567, 1607

HB 1885--Arrest Warrants against Peace Officers;

must be issued by certain judges ... 1575, 1585, 1961, 1962, 2216, 2516

HB 1886--Lilburn; change election procedure ___________ 993, 1001, 1215, 1221, 1341

HB 1887--Minimum Foundation Program of Education;

funds sent directly to public libraries ..----__.___ 1366, 1373, 1789, 1799

HB 1888--Probate of Wills; change provisions on witnesses ___________ 1305, 1319

HB 1889--Banking Laws; define "deposit"; change certain provisions ........___.....__....,,__......___ 1365, 1373, 2051, 2054

HB 1891--Flint Judicial Circuit; additional judge _.-.._______ ______________ .1750, 1778

2734

INDEX

HB 1892--State Properties Code; procedure relating to

amendments to leases _____ ___...-__________1197, 1202, 1590, 1593, 1860, 2022

HB 1893--State Properties Commission; powers relating to

sales and leases .-_.....__-_______.__.._-...__.1197, 1202, 1590, 1593, 1860, 2023

HB 1896--Jones County Small Claims Court;

create _

_ 993, 1002, 1215, 1222, 1341

HB 1897--Publicly Owned Utilities; provide for use of by

certain residents _,,__.._____-___________________ 1809, 1818, 2130, 2152, 2216, 2548

HB 1898--Cherokee County Commissioner;

compensation __....,,.,,,,._.._,,.___ 993, 1002, 1215, 1222, 1341

HB 1899--Heard County Memorial Hospital Authority;

filling vacancies

.,,__.___..993, 1002, 1215, 1222, 1342

HB 1900--Motion Picture and Television Advisory Committee;

amend to repeal a section of Act ___.1195, 1211, 1789, 1797, 2217, 2559

HB 1902--Glynn County Sheriff; additional

personnel .___.___......___________________,,__.______________ 993, 1002, 1587, 1601, 1831

HB 1903--Valdosta; change corporate limits ....,,--.. 993, 1002, 1215, 1222, 1343

HB 1904--Bloomingdale; create charter ____________________994, 1002, 1215, 1221, 1343

HB 1906--Cherokee and Forsyth Counties State Court;

create _______,,__ 994, 1003, 1129, 1136, 1860, 2012, 2075, 2080, 2085, 2106,

2119, 2178

HB 1907--Covington, Mayor and Councilmen;

election . _

_ _.

994, 1003, 1215, 1221, 1342, 1576

HB 1908--Richmond County Ordinaries;

compensation _______________.__,,__..______________ 994, 1003, 2128, 2154, 2213, 2586

HB 1909--Richmond County Treasurer's Office;

compensation _______________-...__-_____________,,_____. ..1114, 1121, 1787, 1802, 1841

HB 1910--Richmond County Superior Court Clerks;

compensation ___.___________.........___________.............1114, 1121, 1787, 1802, 1842

HB 1911--Richmond County; cruel treatment of animals

unlawful .__.__.._____________.___..,,.____________________._ 994, 1003, 1787, 1802, 1842

HB 1912--Richmond County Tax Commissioners;

compensation .._.,,_._________________--.________________1114, 1121, 1787, 1802, 1842

HB 1914--Drinking Water; amend Act providing for

protection of major streams which are source

relating to hearing provisions __.__,,,,__ 1356, 1359

HB 1915--Fayetteville; redefine corporate

limits -_.________________________--________________._..___.____994, 1003, 1215, 1221, 1343

HB 1919--Athens; malt beverage and wine

tax ________..__.___.....__._________________..___...________________1194, 1203, 1563, 1568, 1607

HB 1920--Stephens County Sheriff's Deputies;

compensation ___________.._-________________________________1114, 1122, 1323, 1333, 1378

HB 1921--Martin; governing body elections __________ 1114, 1122, 1323, 1334, 1379

HB 1922--Montgomery County Sheriff's Secretary;

compensation _._..._..........__.___..._.____._..._......1114, 1122, 1323, 1334, 1379

HB 1924--Macon Charter; consolidate ._______._ 1115, 1122, 1323, 1334, 1381, 1810

HB 1926--Auburn; corporate limits and residency requirement ....... ____________1195, 1203, 1587, 1601, 1832

HB 1927--Auburn; right of taxation ............____.___....1189, 1203, 1587, 1601, 1832

HB 1928--Butts County Commissioners; expense allowance .....,,.____________________._..__,,_____________._._ 1189, 1203, 1587, 1601, 1832

HB 1929--Butts County Treasurer; compensation ___ 1189, 1203, 1587, 1601, 1833

HB 1930--Walton County Small Claims Court;

. create

..

1190, 1204, 1587, 1601, 1833

HB 1931--Hinsonton Water Authority; create ____ ___1195, 1204, 1587, 1602, 1833

INDEX

2735

HB 1932--Mitchell County Commissioners; compensation __-.__,.1190, 1204, 1587,

1602, 1834

HB 1933--Shellman; recall and special

elections ...._._..__.._...

1190, 1204, 1587, 1602, 1834

HB 1935--Butts County Coroner; compensation ....1190, 1204, 1587, 1602, 1834

HB 1936--Butts County Sheriff's Deputy;

compensation ..__.._._......._.._........-........._...-.1190, 1204, 1587, 1602, 1835

HB 1937--Barnesville Mayor and Councilmen;

change election date . . ...__.______.___.__. 1190, 1204, 1587, 1602, 1835

HB 1938--Upson County Sheriff; annual budget ...._....-..-....._..._.._..._...._.1190, 1205

HB 1939--Whitfield County Board of Elections;

create ._.._... . . .

1190, 1205, 2035, 2040, 2055

HB 1943--Habersham County Tax Commissioner;

compensation ....._._,,,,..,,.._ 1191, 1205, 1563, 1568, 1608

HB 1944--Habersham County Ordinary's Clerk;

compensation ................._......_..._.. _...,,_..._ 1191, 1205, 1563, 1568, 1608

HB 1946--Eastman; debts paid by warrants or

vouchers ......_...-._....-.._....-_..._-._..-...._._.._..._.._..1191, 1205, 1563, 1568, 1608

HB 1948--Richmond County; burial expense for

paupers _..........._..........

1191, 1205, 1787, 1802, 1843

HB 1949--Fayette County Sheriff; compensation ....1191, 1206, 1587, 1602, 1835

HB 1950--Payette County Ordinary; compensation _._.1191, 1206, 1587, 1603, 1836

HB 1951--Fayette County Tax Commissioner;

compensation ___-_____-_____-___.__-.___..-__._._____.1191, 1206, 1587, 1603, 1836

HB 1952--Tyrone; corporate limits .__..._.__..._......_...-..1191, 1206, 1587, 1603, 1836

HB 1955--Remerton; change from town to

city ._........._..... ....._.__..._.._.._._._,,._.-..-._.._._.......1192, 1206, 1587, 1603, 1837

HB 1957--Cobb County School Districts; change

boundaries ........._.. , ^ ,. . . 1192, -1206, 1787, 1802, 1843

HB 1958--Cook County Sheriff; expenses for feeding

prisoners .........._........-_......_..__..._..__.._....._...1192, 1206, 1587, 1603, 1837

HB 1960--Richmond County Grand Jury; audit of

county offices ......_...._._......_..._....._..._..___.__.1192, 1206, 1787, 1802, 1843

HB 1961--Douglasville; change corporate

limits ........_...._.........:_...._.......__...-..__._-..__-.-..1735, 1780, 2035, 2040, 2055

HB 1963--Industrial Waste Water Treatment Services;

cities and counties authorized to enter

contracts ... ._...__........_-.__.._...__.-_.__..-.__._..__.._..1365, 1373, 1787, 1798, 2579

HB 1964--Talbot County Sheriff's Office;

expenses ._.............

....

1192, 1207, 1587, 1603, 1837

HB 1965--Meriwether County Commissioners;

compensation ......_..._.._.._..... _...__....__.___._____..1192, 1207, 1563, 1568, 1609

HB 1966--Sumter County State Court Judge;

permit practice of law -._._-..._..._..._...._..._.1192, 1207, 1563, 1568, 1609

HB 1967--Hogansville; extend corporate

limits _-. - .....__.-.._..-._.........._..._.._._.-.._...___..1193, 1207, 1563, 1568, 1609

HB 1968--Lookout Mountain Judicial Circuit Court Reporters;

compensation .-.....,..__..

1193, 1208

HB 1972--Monroe Board of Tax Assessors;

provide _........................._......_.._._.__...._..__.___.1395, 1570, 1787, 1803, 1844

HB 1973--Mountain Judicial Circuit Court Reporter; compensation ._...._..,,..__.._._._,,.__..,,._.,,...,,.,,.._..._...._......_,,._...,,__.._. 1193, 1208

HB 1974--Mountain Judicial Circuit Court Reporter; compensation .............._.._...__.__.._._._.....___...__.....__....._......_..............1808, 1816

HB 1975--Buford Public School System; change tax _.._......_._...._..___._._.._.__.___..___.._.....__.__._..__..1735, 1780, 2035, 2041, 2056

2736

INDEX

HB 1976--Bulloch County Tax Commissioner's Assistants; compensation ___.._____.______._____.__-.___.__._-______1193, 1208, 1563, 1569, 1610
HB 1977--Bulloch County Superior Court Clerk; compensation ___.___-______..__________.____._______.___._1193, 1208, 1563, 1569, 1610
HB 1978--Bulloch County Commissioner's Clerical Help; compensation ,,.,,...,,.,,,,,,.,,_ 1193, 1208, 1563, 1569, 1610
HB 1979--Bulloch County Ordinary's Clerical Help; compensation __-..___..___.-_._..._-..._..._-..._..._1193, 1208, 1563, 1569, 1611
HB 1980--Bulloch County Sheriff's Deputies; compensation ___.._..._._.._______...._-_..__...-.......-1193, 1209, 1563, 1569, 1611
HB 1982--Pairburn Recorder's Court; increase maximum penalty ...._..._...__....__..__...._...____..._...__.._..._..1735, 1780, 2128, 2154, 2186
HB 1983--Union City Mayor and Council; change election date _...__...___.___..__...__-.._-..._..__..___.-.._.-_-._--1736, 1780, 2128, 2154, 2186
HB 1984--Richmond County Sheriff; employees' compensation ..__...-.._-..._...__-....___..___..1194, 1209, 2126, 2160, 2487, 2585
HB 1985--Henry County Board of Commissioners; new board _...__..__-.._.____-__-..__....___..._-_--1194, 1209, 2036, 2043, 2059
HB 1986--Henry County Sheriff; compensation ,,_.__. 1194, 1209, 2036, 2043, 2058 HB 1987--Henry County Tax Commissioner;
compensation _-_._._-_________.__-_______..__.___.___.1194, 1209, 2036, 2043, 2059 HB 1988--Forsyth City Recorder; change
qualifications _-..__...._-._._____...__.._._..._-.__-1736, 1780, 2035, 2041, 2056 HB 1989--Monroe County Sheriff; compensation ....1736, 1781, 2035, 2041, 2056 HB 1991--Rockmart; change corporate limits ..........1300, 1311, 1587, 1603, 1838 HB 1993--Worth County Superior Court Clerk;
compensation ..__...._...._...._.........._...._.._.._...._..1194, 1209, 1563, 1569, 1611 HB 1994--Worth County Sheriff; compensation ....1194, 1209, 1564, 1569, 1612 HB 1996--Human Resources Department; administer State grants to
hospital authorities ..__.._.__..__...___..___...__..._..1578, 1585, 1960, 1962, 2217 HB 1998--Consumers' Rate Counsel; Governor appoint attorney in
utility rate cases _....__.._....-_....._.._....-..._..............1366, 1373, 2131, 2153 HB 1999--Wilkes County Superior Court Clerk;
compensation ___.__.____.._________.._______.______.___.___.1300, 1311, 1788, 1803, 1844 HB 2000--Cartersville; reincorporate _..-__..__..._-._.__.._.1300, 1311, 1587, 1603, 1838 HB 2002--Floyd County Board of Commissioners;
expense allowance _...._...__...___..__....__..____..1300, 1312, 1587, 1604, 1838 HB 2004--Uniform Commercial Code; amend to change
definition of "item" _____._____..._________-__-___.1396, 1571, 2051, 2054, 2568 HB 2005--Augusta Council; members succeed
themselves .__...___...__...__.__._..._..._...._..._._..__..1300, 1312, 2128, 2154, 2186 HB 2006--Alma Officers; compensation _....._.__..1300, 1312, 1587, 1604, 1849, 2586 HB 2008--Coweta County Judge and Solicitor;
compensation .__-.._._...__..__-..___-..__...__..._.__..1300, 1312, 1587, 1604, 1839
HB 2009--Franklin; selection of employees by mayor and council _...__...__...___._._...__.....-..__........_....__....._..1808, 1816, 2128, 2155, 2187
HB 2010--Cochran Charter; clarifying amendments ._...__-..._-_-.._...-_-.._._..._-.._....-.....-.1300, 1312, 1588, 1595, 1824
HB 2011--Cochran Elective Officer; must resign to qualify for another office __________-.-____._.________._.._.._-__._.________.__________.__._1301, 1312
HB 2012--Columbus Court; change costs _ . .,, ,, 1301, 1313, 1588, 1595, 1825
HB 2013--Hall County Taxes; payable in two installments .._....__-..._...-_......_...._..._...._1301, 1313, 1588, 1595, 1850, 2180
HB 2014--Albany City Court; change to State Court of Dougherty County _.__.__.___._-_.._--.________-.____.-_1301, 1313, 1588, 1596, 1825

INDEX

2737

HB 2015--Richmond State Court; appointment of associate

judge ..........

1301, 1313, 1788, 1803, 1856, 2180

HB 2016--Richmond County Board of Tax Assessors;

powers __.-.____....___.._--____._._________-__-__._____.._.__...___.1301, 1313, 2128, 2155, 2187

HB 2017--Macon-Bibb County Water and Sewage Authority;

terms of members ___.._.________ _____.______...____.1736, 1781, 2035, 2041, 2057

HB 2018--Colquitt County Board of Commissioners;

recreate

....

...._....._.....1301, 1313, 1588, 1596, 1825

HB 2019--Moultrie; municipal elections _...___........___ 1302, 1314, 2035, 2061, 2181

HB 2020--Fayette County Treasurer;

abolish office ____._...__.....___._-.___.._..........___ 1302, 1314, 1588, 1596, 1826

HB 2021--City of Winder; new charter ,,._._._____.___.__. 1808, 1816, 2128, 2155, 2187

HB 2022--Brooks County; referendum on reapportioning commissioner

districts .--,,.-,,- 1302, 1314, 1588, 1596, 1826

HB 2023--Town of Grayson; change to City of

Grayson

..._..._....__.___ 1302, 1314, 1588, 1596, 1826

HB 2024--Gwinnett County Recorder's Court Judge;

compensation ___._______________._._,________.__.__________..1302, 1314, 1588, 1596, 1827

HB 2025--Macon-Bibb County Urban Development Authority;

create ._......_._.__..___.__......._._._......___.___. 1736, 1781, 2035, 2041, 2062, 2180

HB 2026--Henry County Ordinary; compensation .._.._...,,......._,..._........ 1302, 1314

HB 2027--Henry County Board of Commissioners;

collect business license fee .

,, 1302, 1314, 2126, 2161, 2211

HB 2030--Atlanta Historic Zone; leases for controlling

streets .__._.._.........__.__._._..........___._-..._..-_...__.1808, 1816, 2164, 2169, 2171

HB 2031--Stockbridge; change corporate

limits _._.........._._._.........._._.___... ... .._.._..._...._. 1302, 1315, 2128, 2155, 2188

HB 2032--Lamar County Sheriff; compensation ___.1303, 1315, 1588, 1596, 1827

HB 2033--DeKalb County Board of Commissioners;

member qualifying for another office ....1303, 1315, 2035, 2041, 2063,

2181

HB 2035--Thomaston Mayor and Council;

election

.,,

...... 1303, 1315, 1588, 1596, 1827

HB 2036--Charlton County Deputy Sheriff;

compensation ._...._._._..._......_.......... .._._._._..._ 1808, 1816, 2128, 2155, 2188

HB 2037--Charlton County Board of Commissioners;

create ........__._._.__......_...__.._....._.._..... 1736, 1781, 2036, 2043, 2063, 2585

HB 2038--Webster County Court Clerk; attend traffic

court _______-.-_...____-_-_-_. .._..._..._................. 1808, 1816, 2128, 2155, 2188

HB 2039--Rabun County Supervisor of Roads;

compensation .._.........._...__._..._................_. 1361, 1368, 1788, 1803, 1844

HB 2040--Jeff Davis County Ordinary;

compensation ........_..._...._.... ......._......._..._. ..1361, 1369, 1788, 1803, 1845

HB 2041--Jefferson; corporate boundaries ............1361, 1369, 1788, 1803, 1845

HB 2042--Banks County Tax Receiver and Collector;

consolidate _._.__......__...__.._......._.._._____..__.._.._...1809, 1817, 2128, 2155, 2196

HB 2043--Jeff Davis County Superior Court Clerk and Tax

Commissioner; compensation __.._____._____._._.1361, 1369, 1788, 1803, 1845

HB 2044--Jeff Davis County Superior Court Clerk Personnel;

compensation .........__.___.___............_.._.__...........1362, 1369, 1788, 1804, 1846

HB 2045--Jeff Davis County Sheriff;

compensation __...__......._.___.__......._.._.._.........____1362, 1369, 1788, 1804, 1846

HB 2046--Jeff Davis County Sheriff Office Personnel; compensation ___..__.._..._..._...__........._.__....._..1362, 1369, 1788, 1804, 1846

HB 2047--Riverdale Mayor and Council; election ._._.._.... .._.._._._............._.__......__..__......1362, 1369, 1788, 1804, 1847

2738

INDEX

HB 2048--Pooler; change corporate limits .... ........1362, 1370, 1788, 1804, 1847

HB 2049--Gwinnett County Commissioner; hold another

public office ..................................... .._____ .1362, 1370, 1788, 1804, 1847

HB 2050--Gwinnett County Water and Sewerage Authority;

membership .... ______ _________________ _____ ____1362, 1370, 1788, 1804, 1848

HB 2051--Garden City; extend corporate limits .._.__........._..._............ ...1736, 1781

HB 2053--DeKalb County Oglethorpe Housing Foundation;

create . _________________ _____ _______ ________________1362, 1370, 2035, 2042, 2057

HB 2054--Atkinson County Deputy Superior Court Clerk;

compensation _____ ____________________________ ________1363, 1370, 1788, 1804, 1848

HB 2055--Atkinson County Tax Commissioner;

hire clerk ________________ __________ ___________ 1363, 1370, 1788, 1805, 1848

HB 2056--Clinch County Sheriff's Office; mileage and

feeding prisoners _________ _____ __________ ----_1363, 1371, 1788, 1805, 1849

HB 2057--Atkinson County Ordinary;

compensation _____ __________ ...'... ________ _______ 1363, 1371, 1788, 1805, 1849

HB 2059--Warren County Commissioner;

compensation ............................... .........1736, 1781, 2128, 2155, 2196

HB 2060--Warren County Ordinary; compensation 1737, 1782, 2035, 2042, 2057

HB 2061--Warren County Sheriff; provide

automobile ____________________ ________________ ____1737, 1782, 2035, 2042, 2058

HB 2062--Richmond County Board of Commissioners;

additional member ______ ________ ....1963, 1967, 2126, 2161, 2490, 2585

HB 2063--Richmond County Board of Commissioners;

publish certain tax information __ ........1737, 1782, 2128, 2156, 2496

HB 2066--Augusta-Richmond County; consolidate governmental

functions ______________________________________ _______ _________ _______ ................1737, 1782

HB 2067--Jones County; new Board of

Commissioners ........ ......... ______ ____1737, 1782, 2128, 2156, 2189, 2586

HB 2068--Warren County Superior Court Clerk;

clerical assistants ... __________________ ....... 1737,1782,2035,2042,2058

HB 2069--Warner Robins; change corporate

limits ___________________________ _________ ____ 1737, 1782, 2128, 2156, 2189, 2585

HB 2071--Ware County; six-man juries in

State Court"------- ........ ........ .....1737, 1783, 2036, 2043, 2059

HB 2072--Homerville; change method of registration of

voters _________ __________________..... ----___-----______ 1737, 1783, 2036, 2043, 2059

HB 2073--DeKalb County State Court; additional

solicitor ........................ .._._._......_......._._._. 1580, 1783, 2036, 2043, 2060

HB 2074--Cobb County Board of Commissioners;

election districts ............... ....... .......... ....1809, 1817, 2128, 2156, 2199

HB 2075--Ware County Sheriff and Ordinary;

compensation ____ ________ 1738, 1783, 2128, 2156, 2197, 2231, 2368 2478,

2480, 2483, 2584

HB 2076--Ware County Tax Commissioners;

compensation --------..------_..------------1738, 1783, 2036, 2044, 2060

HB 2077--Ware County State Court Judge and Solicitor;

compensation

..________1738, 1783, 2036, 2044, 2060

HB 2078--Ware County Board of Commissioners; compensation of

chairman ----1738, 1783, 2128, 2156, 2198, 2231, 2369, 2478, 2481, 2584

HB 2079--Bartow County Coroner;

compensation __......__.._.___.__----..._...._......__.__.. 1963, 1967, 2128, 2156, 2200

HB 2080--Bartow County Sheriff; mileage

allowance ....._.._._......._._._......_.._._......_._._......1963, 1967, 2128, 2156, 2200

HB 2081--Dillard; reincorporate ........................... _1963, 1967, 2128, 2157, 2203

HB 2082--Gilmer County Sheriff; compensation .................. .------1963, 1967

INDEX

2739

HB 2083--Gilmer County Commissioner; compensation ....... ..... ....1964, 1968

HB 2084--Gilmer County Ordinary; compensation ............................ .1964, 1968

HB 2085--Gilmer County Deputy Tax Commissioner;

compensation _--....._____.-_______..______,,_____....__.______.._____._,..______.._._.... .1964, 1968

HB 2086--Cave Spring City Council; councilmen

elected to seats ,,.._____.________..________________,,. _____1964, 1968, 2129, 2157, 2203

HB 2087--Jenkins County Deputy Sheriff;

compensation _._..._._._......_......____....1964, 1968, 2129, 2157, 2209, 2585

HB 2088--Lincoln County Board of Commissioners Chairman;

compensation ________________ ______________._____________1964, 1968, 2129, 2157, 2203

HB 2089--Macon-Bibb County Water and Sewerage Authority;

water sewerage system ____________ _____ _..__1964, 1969, 2129, 2157, 2204

HB 2090--Chattahoochee County Sheriff;

compensation ........._......___.___..._.._..._...__.....1964, 1969, 2129, 2157, 2204

HB 2091--Webster County Superior Court Clerk;

compensation ..................I...... ______..________._____1965, 1969, 2127, 2157, 2204

HB 2092--Braselton; purchase utility services ._______1965, 1969, 2127, 2157, 2205

HB 2093--Snellville; filling vacancies ____________________ 1965, 1969, 2127, 2158, 2205

HB 2094--Burke County Tax Commissioner;

compensation

,

____1965, 1969, 2127, 2158, 2205

HB 2095--Fayette County Superior Court Clerk;

compensation ___. ...____.............. ______________ 1965, 1970, 2127, 2158, 2200

HB 2096--Wayne County Board of Commissioners;

compensation .........._.___....._..........._........__ 1965, 1970, 2127, 2158, 2206

HB 2097--Dublin; no property return for

taxation

.

_____1965, 1970, 2127, 2158, 2206

HB 2098--Appling County Small Claims Court Judges;

term of office ___________________________________ _ 1965, 1970, 2127, 2158, 2207

HB 2099--Madison Mayor and Councilmen;

election _ L ,,. _ ,,

_____ .__ 2003, 2031, 2127, 2158, 2207

HB 2101--Garden City; extend corporate

limits ______.__________-._______-.._____..__.__.___-_._.___... 1966, 1970, 2127, 2159, 2207

HB 2102--Fannin, Union and Towns Counties;

steel traps to hunt unlawful _________ ________1966, 1970, 2127, 2159, 2208

HB 2103--Dodge County Deputy Sheriff;

change title ____________.________._______________________1966, 1971, 2127, 2159, 2208

HB 2104--Dodge County Commissioner's Clerk;

compensation _________________________ __________________ 1966, 1971, 2127, 2159, 2208

HB 2105--Dodge County Clerk of the Ordinary;

compensation ________________________________ ________1966, 1971, 2127, 2159, 2210

HB 2106--Dodge County Tax Commissioner; employ tax

commissioner ______ ______ _____ ______ ________ 1966, 1971, 2127, 2159, 2210

2740

INDEX

HOUSE RESOLUTIONS

HR 15--Constitutional Amendments: change date for

submission -.___.__.. ____.._..._._._......._._.__.__.__..No action in 1974

HR 23--Presidential Election Day; urge designation as national

holiday _______._...----_____............_._..__________,,____.____________. ..._..._._.No action 1974

HR 30--Fulton County; homestead exemption, increase ___________.__... ..____________506

HR 41--Judicial Nominating Commission; provide for

terms of office and appointment of

certain judges __._..____._____________._._.__.____________.1189, 1213, 2164, 2169, 2172

HR 53--Mrs. Era S. Davis; compensate ___...._______......741, 754, 1214, 1218, 1553

HR 70--Atlanta; tax levy to pay revenue

obligations _._._...._...._._._._....._.__..__.....-_..._.___..-727, 730, 2035, 2042, 2131

HR 75--Telfair County; change eligibility requirements,

certain officers ,,___._.,,-- ............ - No action in 1974

HR 130--Atlanta; demolition of certain structures required ............ ......159

HR 132--Atlanta Education Board; authorized to

execute certain leases _,,___________._______,,_..________.__.._______________.._......1738, 1784

HR 136--City of Palmetto; homestead

exemption _..____.____.__.____.._____________________..._.533, 538, 1323, 1334, 1528, 1811

HR 147--City of College Park; homestead exemption ...._.... ....................63, 593

HR 204--Spalding County; relieve sureties on

certain bonds

............... 2036, 2044, 2061

HR 207--Parole; minimum sentence must be served,

certain offenses _._.._......_._.___..__._....__.,,____.____.._.......................... ......421, 428

HR 230--Counties, Cities; General Assembly set

purposes for issuance of revenue anticipation

bonds ._.._._._........_..._.__. 1478, 1571, 1786, 1793, 2067, 2217, 2540, 2587

HR 231--DeKalb County; homestead exemption ............1807, 1818, 2159, 2383

HR 232--Timber; urge Congress to preserve capital

gain treatment ....._...._._.... ..------._.__.......-._----.--...... No action in 1974

HR 237--Lobbying; amend Constitution relating to ..... ....... .. .......355, 362

HR 239--General Assembly Members; compensation

increases prohibited during term in which change made .._..._..... 88, 89

HR 250--Atlanta Pension Study Commission; relative to ...... No action in 1974

HR 251--Lives of Unborn; relative to ...

1128, 1143

HR 259--Aluminum Ore Produced from Kaolin; authorize payment

to first company in Georgia ........533, 539, 685, 691, 768, 933, 979, 1200

HR 284--Federal Eastern Wilderness Omnibus Bill;

relative to .

.

31, 687

HR 315--Mr. Cecil Harris; compensate __.______...__...__.1307, 1321, 2035, 2038, 2379

HR 317--Joint Financial Institution Laws Study

Committee; create . ..._......_._............_..__....._......_....___...._........_..... .........31

HR 363--National Direct (Defense) Student Loan Program;

relative to ................._..___._.......___._.._._....................___....388, 438, 479, 520

HR 364--Corridor Loop Study Committee,

Joint; create _......_...____________..--..--__.___._.--_-.._------_____ No action in 1974

HR 432--Family Court Study Commission; create ....... . .. ....... ..........1580, 1586

HR 434--Notify Senate that House has convened .........................._.._..._.._. .........14

HR 435--Notify Governor that General Assembly has

convened

.-.-... .......

......

-14, 21

HR 437--Joint Session; Governor's State of State message ..._.._..._..._....--...15, 21

HR 438--Joint Session; Governor's Budget message _-___________..__-..-----_ 15, 80

HR 439--Ad Valorem Tax; exclude retirement or disability benefits as income _._._.-...__.____-_..._...___._____-678, 683, 833, 834, 933, 985

INDEX

2741

HR 441--City of East Point; homestead exemption ...740, 753, 1127, 1135, 1532

HR 445--Courts of Ordinary; change name to Probate

Courts _._.........__ __.._..._..._...355, 362, 1009, 1014, 1385, 1614, 1860, 2027

HR 451--Muscogee County; homestead exemption,

,

62 year olds ............................._........._........._.........227, 232, 386, 434, 509

HR 452--Muscogee County; homestead exemption ....... 227, 232, 386, 434, 509

HR 454--Joseph P. Barone; compensate .......... .........741, 754, 1214, 1218, 1553

HR 455--Committee to Study Regulation of Private Business;

create ........

1812, 1818

HR 460--City of Tifton; homestead exemption ....... 533, 539, 1564, 1569, 1869

HR 461--City of Cairo; State Agricultural Department

convey property ....... ... 534, 539, 759, 763, 933, 1027, 1145, 1242, 1271,

1368, 1443

HR 462--Mr. and Mrs. Robert Kelt;

compensate ...................................................... 741, 754, 1214, 1218, 1554

HR 463--LaGrange Downtown Development Authority;

create ........... ............................__......................_......153, 154, 206, 234, 377

HR 465--McDuffie County; levy ad valorem

tax ......_.._..._..._..............._..._................. ............... 534, 539, 756, 765, 1098

HR 466--George L. Smith, II; regrets at passing ........................ ..... 77, 80

HR 469--Macon County; levy motor vehicle registration

fee to pay for hospital construction ............. 170, 386, 435, 513, 739

HR 470--Mrs. Charlotte H. Bruce; compensate .. .....741, 754, 1214, 1219, 1555

HR 473--Natural Gas; urge allocation to produce

nitrogen ............. ......._..............___........ 296, 302, 429, 467, 557, 617, 671

HR 475--Bank Holding Study Committee;

create ............................................ ..... 1579, 1585, 1820, 1824, 2112

HR 476--Venue; provide for in third party

practice _._.__ . .............................. ..... .. 842, 857, 2164, 2169, 2172

HR 477--Daylight Savings Time Energy Conservation Act;

urge Congress to repeal ..... .. .. ...... ........--... .... ... 104, 109, 465, 477

HR 480--Joint Session; Ben Fortson address ................................. 104, 151, 208

HR 483--City of Montezuma; convey certain

property to . ... . ................. - ......... .-...592, 601, 759, 764, 933, 972

HR 486--City of Hapeville; homestead

exemption ............ .................... ...... ......740, 753, 2036, 2042, 2134

HR 487--Jackson County; Public Safety Department

officers make arrests and serve warrants ... 909, 916, 1327, 1330, 1614,

1627

HR 488--House of Representatives; Speaker Pro Tern

act as Speaker ... .. ...... ... ...... ... ......................... 1364, 1373, 1789, 1798

HR 489--National Guard Members; preference in civil

service program ........................ .................. .1367, 1374, 2037, 2039

HR 490--Mrs. Dave Sexton; compensation ............. 741, 754, 1214, 1219, 1556

HR 491--City of Norcross; homestead

exemption ........................................................381, 384, 464, 472, 698

HR 493--Savannah-Chatham County; retirement benefits,

education board ........... ............... ........ ..... 266, 274, 386, 435, 515

HR 498--City of Forest Park; homestead

exemption ...................................................... 296, 302, 919, 929, 1105

HR 501--Bryan County Industrial Development Authority;

change membership ................................... .. .266, 274, 386, 435, 517

HR 502--Walter H. Peacock, Jr.; compensate ... ... 1305, 1321, 2035, 2038, 2380

HR 503--City of Bainbridge; property conveyance .......... .......... 296, 302, 541, 543, 933, 1027, 1145, 1242, 1273

HR 504--Dr. Waldo W. E. Blanchet; commend . ... . ..

.......... 197, 280

2742

INDEX

HR 505--National Guard and Reserve Members;

urge employers to support ______________________________ _____197, 205, 1009, 1013

HR 507--Coastal Highway District; indebtedness be

retired _______________________________________________ ___________._._______1812, 1818, 2393, 2394

HR 511--Teachers' Retirement System; General Assembly

provide for increased benefits _...___...._....__....._....._._...._..._........ 909, 916

HR 513--Richmond County; appropriation for advertising and

promotion __.._...._......._....__...___...___....__.__.____.908, 916, 1788, 1805, 1871

HR 516--City of Newnan; sewerage, water and light commission,

sole utility system _________ ______________________________ 323, 328, 1564, 1570, 1873

HR 522--Reinhardt Parkway; designate portion of

Highway 140 ________________________________________________________________ 739, 753, 921, 925

HR 523--City of Bowdon; homestead exemption ____________ 825, 832, 1127, 1136, 1535

HR 527--Anna Louise Abney; congratulate on birth ____.__^__._ ______ ______266, 280

HR 528--Rev. John W. Harrell, Sr.; honor _________________________________________ 266, 281

HR 530--Charles H. Leftwich; honor ________________________ ________________ __________ 267, 281

HR 538--Mrs. M. O. Lindsey; compensate ____________1306, 1321, 2035, 2039, 2381

HR 539--John C. Edmonson, Jr.; compensate _.___._.__..___.740, 754, 1214, 1219, 1557

HR 540--Agricultural Products; exempt from ad valorem tax,

certain cases ___________________..____________________739, 753, 1006, 1015, 1242, 1281

HR 541--Bibb County; exempt certain agricultural products

from ad valorem tax __._________._______.______._________1197, 1211, 1588, 1597, 1875

HR 542--State Constitution; provide

.

__ 1305, 1319

HR 543--Sgt. Lee Blanchard; compensate .._....._.._._..1306, 1321, 2035, 2039, 2382

HR 546--Conasauga Judicial Circuit; State Librarian

furnish certain law books ______________________ 1574, 1585, 2096, 2151, 2561

HR 549--Kennesaw Junior College; elevate to four-year

college ______________________._____._______________________._____,,________________.____________ ___356, 367

HR 552--University of Georgia; anniversary of

granting of charter ________________ 356, 366

HR 553--University of Georgia; congratulate on 189th

anniversary ____________________ _________________________..__________,_____________________________356, 367

HR 556--Craig Loehle; compensate _______________________________ 741, 754, 1214, 1219, 1558

HR 558--Aaron Franklin Whitehead;

compensate _____ ___________ ______.________._________.._________740, 755, 1214, 1219, 1558

HR 560--Highways in State; designate certain ones as Blue Star Memorial _______________________________________________________ 825, 832, 921, 926

HR 561--Disabled Veterans; homestead exemption _______ 1307, 1319, 2037, 2039

HR 562--Disabled Veterans; homestead exemption _______ 1306, 1319, 1564, 1566

HR 563--Appling County; governing authority tax power and expenditure of funds for business development ________ _______________________________________.____._.___458, 463, 603, 609, 700

HR 564--Brock Corbin; compensate ___________..__._______.____741, 755, 1214, 1219, 1559

HR 565--James Minter; compensate ________________._____._740, 755, 1214, 1219, 1560

HR 566--Joseph A. Bryan; compensate ___________________.____741, 755, 1214, 1219, 1561

HR 568--Dougherty County; grant franchise for garbage collection _ ___________.______________.________________.____________.__592, 601, 757, 767, 1100

HR 569--Dougherty County; abolish office of Tax Commissioner ___.____________________.__.._________.____..______.__593, 602, 757, 767, 1102

HR 570--Multi-State Transportation Corridor Advisory Board; Community Development Department pay State contribution _______________.._________-____-____-_1307, 1319, 1821, 1823, 2564

""*--Georgia Historical Plates; designate official series _____________ _____.__________-_______________-___-.739, 755, 1126, 1132, 1242, 1258

INDEX

2743

HR 574--Spewrell Bluff Dam Project; support and

endorse -..._..._ ...... ... ....... 1180, 1214, 1565, 1566, 1860, 2067, 2089,

2165, 2511

HR 575--Baldwin County; lease of certain property.. ......._... .1366, 1374, 1590,

1593, 1860, 2014

HR 578--School Patrols, Street Crossing Guards; wear

reflective clothing .._.___.._..._.........._._.._....._........_._.._....... ..............421, 439

HR 579--Bible Reading by Astronauts; relative to ......... . ........ . 421, 439

HR 583--Standard Time; urge Congress to reinstate ...... .......421, 428, 603, 610

HR 591--City of Jesup; convey property to Wayne

County Hospital Authority .......... 1963, 1971, 2130, 21 r:2, 2217, 2506

HR 592--State Properties Commission ; convey property to U. S.

Corps of Engineers ........................ . ......1367, 1375, 1591, 1594, 2507

HR 595--Baldwin County; lease tract of land from

Properties Commission _......._....... 1367, 1374, 1590. 1593, 1860, 2015

HR 596--West Chatham County Hospital Authority;

create ........._.._................._......_................. .............740, 754, 919, 929, 1107

HR 603--Master Chuck Gantt; expressing sympathy to parents .

594, 615

HR 613--Richmond County; State Patrol police

highways ..... ....................................... 594, 602, 921, 926, 1614, 1745

HR 614--Reverend Bob Sessum; commend ....................... ............... ....594, 614

HR 615--Rossville Volunteer Fire Department; commend ..... ...... ..... 594, 615

HR 616--George Hackler; commend .._....................._............... ---594, 615

HR 617--Rebel Restaurant; commend .._..._._.........._._... .................

594, 615

HR 618--Jimmy Sampley; commend ..... ............ ...._._.. ....--... . ... ...... 594, 615

HR 619--Jorges Carpet Mills; commend _...................._.... ......... .-- ..594, 615

HR 624--Forsyth County Commissioners; business

license

.

--.908, 917, 1127, 1136, 1537

HR 625--Justices of the Peace; required to participate in

certain educational programs _. ................ ...... 1809, 1818, 2097, 2151

HR 628--Coweta County; property conveyance .......... .1367, 1374, 2131, 2152

HR 629--Gwinnett County; levy tax for water and

sewerage system ............................... .........995, 1005, 1323, 1334, 1539

HR 631--City of Cartersville; compensate ......... .1306, 1321, 2035, 2039, 2382

HR 632--Richmond County; tax exemption for capital improvements,

certain businesses ........._..._......_..._................._............... 995, 1005, 2127

2160, 2388, 2585

HR 634--Western & Atlantic Railroad Property; amend lease

relating to Downtown Development Corporation _ 1197, 1213, 1591,

1592, 1860, 2024, 2025

HR 635--Bartow County; State-owned property,

disposal ----------. ............ .....................................1367, 1374, 1591, 1594

HR 636--City of Cartersville; State-owned property,

disposal ....... ......................... ......... . -------- ..... 1367, 1374, 1591, 1594

HR 638--Roy V. Harris; commend ................................................... ...825, 841

HR 639--William S. Morris, III; commend ............................................ 825, 841

HR 648--Eye Diseases; urge President and Congress to fight ..... .. 825, 841

HR 650--Hamburg State Park; creation and maintenance ............. 1814, 1857

HR 653--Central Valdosta Development Authority;

establish ....._................................_................ .995, 1005, 1215, 1223, 1542

HR 654--Valdosta-Lowndes County; authority to merge governing authorities __...__..................._.__..__..995, 1005, 1215, 1223, 1545

HR 655--City of Riverdale; homestead exemption......... .. -995, 1006, 1215, 1223, 1548
HR 656--DeKalb County; justices of peace, salary and qualifications .............................. ---- .-----.996, 1006, 1215, 1223, 1551

2744

INDEX

HR 658--Union County; conveyance of State-owned property ________.....-____..____.___.__________._____.....____..1580, 1586, 2130, 2152, 2520
HR 659--DeKalb County; issue bonds without election, certain cases .....-_...______.___._______._______...___.__.1739, 1784, 2126, 2161, 2386
HR 660--Douglasville-Douglas County Stadium Authority; create ._.___.__.____..___._________.. .__._______..._.1198, 1211, 1588, 1597, 1877, 2179
HR 661--City of Sugar Hill; homestead exemption .._._....._.......... 1198, 1212, 1588, 1597, 1888
HR 662--Bibb County Board of Education and Orphanage; members, compensation ........1198, 1212, 1588, 1598, 1890
HR 663--Gwinnett County; homestead exemption, disabled ....___..._.._...._.__.._._._._......__._._.............1198, 1212, 1588, 1598, 1892
HR 664--City of Snellville; homestead exemption _..._...._.._._._._..__.....__...._._._..__.._..._. 1198, 1212, 1588, 1598, 1894
HR 665--Houston County; education grants for handicapped citizens ............................_________..__..._.__....__._._1198, 1212, 1588, 1598, 1896
HR 666--Cobb County Board of Elections; create _._.__..._...._._................_..___..._.._..............1199, 1212, 1588, 1598, 1898
HR 667--Cobb County; tax payments ......................1199, 1213, 1588, 1598, 1903
HR 668--Forsyth County; provide for Public Safety Commission ___.__...............__.._...._.._.._._...__.__.1199, 1213, 1588, 1599, 1905,
HR 671--Fayette County; homestead exemption ............___............_.._._.1739, 1784
HR 672--Spalding County; homestead exemption ___.__._______._._________...___1199, 1213
HR 674--Hall County; change administration of taxation _...__...._.___._______.___.___.___.______...._.___._._.1306, 1319, 1588, 1599, 1908
HR 677--Savannah Downtown Authority; create ......._._._.__..._..___.__.._..._..___.___.....__..........1306, 1320, 1588, 1599, 1910
HR 678--Dougherty County Superior Court; furnished certain books for library ____...____..._________.___.1579, 1586, 2164, 2169, 2172
HR 679--Spalding County; governing authority authorized to enter certain leases _._._._.........._......_._.._.... ____.___.._._...................._ 1306, 1320
HR 680--Fayette County; governing authority authorized to enter certain leases ............_._._...__...__.....__............... .........._..1307, 1320
HR 682--Gwinnett County Commissioners; authorized to impose speed limits .............................1307, 1320, 1821, 1823, 2527, 2587
HR 683--Lake Tobesofkee; Natural Resources Department investigate feasibility of control..........._._.....__...._..2026, 2031, 2170, 2173
HR 684--Joint Session; to commemorate Agriculture Department's centennial anniversary ___.__._.__..._..._.____._...._.._................. 1043, 1142, 1144
HR 685--Macon-Bibb County Development Authority; redevelop central city _._..._........__.............._. 1739, 1784, 2036, 2042, 2137
HR 687--Bulloch County School Superintendent; provide for appointment .._....._..._...__.._...__.._._.___....._...1307, 1320, 1588, 1599, 1922
HR 688--Agriculture Department; commemorate 100th anniversary ._..._.._._._._.._______.__..._.._....._...__._._.._......_.................... 1199, 1226
HR 689--Gwinnett County Commissioners; business licenses ........._..................__..__..........1363, 1375, 1788, 1805, 1924
HR 693--Chatham County; enter into certain contracts and agreements _._._._._._.___.._..._........__._.......__.1363, 1375, 1788, 1805, 1926
HR 694--Cobb County School Districts; General Assembly redefine ....._...........__.__........_..____i.._...___...._._..1364, 1375, 1788, 1806, 1929

INDEX

2745

HR 712--Waycross Downtown Development Authority; establish ................._...._._._..........________...___.___.1807, 1819, 2127, 2160, 2391
HR 713--City of Augusta; endorse establishment of Georgia Hall of Fame ..... .,....__.........._............._..............1785, 2170, 2173
HR 725--Forest Timber in National Forests; pertaining to cutting ...... ..._...._._............_....... .. .......... .1579, 1586, 1821, 1824
HR 751--Relative to adjournment ..... ...... _________.______________________________________________.2003 HR 757--General Assembly; relating to adjournment from
Feb. 21 to Feb. 26 ..........................._..._.__.._._._...._........._._.........._..2117, 2125 HR 786--General Assembly Adjournment; sine
die Feb. 26 ................. .................... _________._____._______.2270, 2487, 2559, 2562