Journal of the Senate of the State of Georgia regular session, commenced at Atlanta, Georgia, Monday, January 13, 1975 and adjourned Tuesday, March 25, 1975, volume one

Compiler's Note
The Journal of the Senate regular and extraordinary session of 1975 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 13, 1975 through March 18, 1975. Volume II contains March 19, 1975 through March 25, 1975, and the extraordinary session June 23, 1975 through July 3, 1975, and the complete index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 13, 1975 and adjourned Tuesday, March 25, 1975
1975 Atlanta, Georgia

OFFICERS
OF THE
STATE SENATE
1975
ZELL MILLER ------------_--.----President (Lieutenant Governor)
TOWNS COUNTY
AL HOLLOWAY .................................................President Pro Tempore
DOUGHERTY COUNTY
HAMILTON McWHORTER, JR. .._._..____.__..____ .Secretary of the Senate
OGLETHORPE COUNTY
PAT JARVIS ________________........................Doorkeeper
DeKALB COUNTY
WINSTON PITTMAN _-......._____________--........_.._--__---_---- ..Messenger
HALL COUNTY
STAFF OF SECRETARY OF SENATE
GREEN CALLAWAY ..._._----_--...__..............Assistant Secretary
DeKALB COUNTY
ANNA COWPER ____________.........................Journal Clerk
COBB COUNTY
SARALYN FOSTER ________...........................Calendar Clerk
DeKALB COUNTY
ALICE ENRIGHT .................................................Assistant to Secretary
FULTON COUNTY
JAMES H. BRAY ___________________..----..Reading Clerk
DeKALB COUNTY
DAVID WHITTENBERG ________--------Message Clerk
FLOYD COUNTY

MEMBERS
OF THE SENATE OF GEORGIA WITH DISTRICTS AND CITIES FOR THE TERM 1975-1976

Senators

District

Address

W. D. (Don) Ballard __________________________________ 45th _______ Covington Peter L. Banks ________________________________ ________________17th--_-_-Barnesville Ed Barker __________________________ ________________________18th________ Warner Robins Roy E. Barnes ____________________________________________ ____ 33rd---Mableton Robert H. Bell ________________________________________________________5th________Atlanta Julian Bond _________ ___________________________,,_________ 39th_____--Atlanta Haskew H. Brantley, Jr. ___________________ ____56th-______ Atlanta Paul Broun ______________________________________________________ 46th._______Athens M. Parks Brown __________________________________________________47th________Hartwell Hugh A. Carter __________________ ___________14th_____-__Plains Paul D. Coverdell __________________________________ _________40th___ ____Atlanta Nathan Dean __________________________________________________ 31st________Rockmart Roscoe E. Dean, Jr. ___________ ___________________________________6th________Jesup Sam W. Doss, Jr. _______________________________________ __--__52nd--~--Rome J. Ebb Duncan ____________________________________________ _30th________ Carrollton Frank Eldridge ____________________________________________________7th________Waycross W. W. (Bill) Fincher, Jr. ____________________________________54th________Chatsworth John C. Foster _________________________________ ______________50th________ Cornelia Ed Garrard _______________________________________.__________________37th___.____Atlanta Hugh M. Gillis, Sr. _______________________________________ _20th________Soperton Bert Hamilton ___________________________________________ --26th______-Macon James R. "Duck" Hamilton _____________________ 34th________ College Park Render Hill _____________________________________ ___29th___,____ Greenville R. Eugene Holley _______________________________________-__-_-__22nd-___-___Augusta Al Holloway __________________________________________________________12th________ Albany Pierre Howard, Jr. ____________________________________________ _42nd___--- Decatur Floyd Hudgins ___________________.____________________-___________15th__-_____ Columbus Perry J. Hudson _____________________________________________ 35th_-______Hapeville Joseph E. Kennedy ____________________________ _ _________4th_ _____Claxton Culver Kidd ________________________ __ _ _ ________________25th________Milledgeville J. Beverly Langford ________,,________________--__________51st________ Calhoun James L. (Jimmy) Lester __________________________________23rd----- Augusta Preston B. Lewis, Jr. ____________________________________ 21st________Waynesboro Henry McDowell ____________________-___-___-____---__------2nd________ Savannah E. M. "Pete" McDuffie ___________________________.___-__19th___.____Eastman Sam P. McGill __________________________________________________ 24th_______.Washington Howard T. Overby ____________.-_._---_---__-____-____---_49th__-__.__Gainesville

Senators

District

Address

H. Norwood Pearce --.----------_-----_.--.__,,__... 16th-----Columbus Steve Reynolds _________.,,_-_____________,,________________._______48th__,_____ Lawrenceville John R. Riley ____________________--_____-___-_.____________-________lst__----Savannah Lee Robinson _________________________________________________ __27th__-_____Macon Henry P. Russell, Jr. _________________________________ ______10th____--Boston Mrs. Virginia Shapard ___________________________________ 28th__,_____ Griffin Terrell Starr .______________-_______________________________________44th__-- Forest Park Jack L. Stephens _____-_____-._-__,,___-____---___________-_ 36th--___ Atlanta Lawrence (Bud) Stumbaugh _________________________.55th__----Stone Mtn. E. G. Summers ______________________________________ _______ 53rd-----LaFayette Franklin Sutton ________________________________________________9th._--..Norman Park Dr. Horace E. Tate _______________________________________ 38th._______Atlanta Joe Thompson _____________-_-----_,,____.___,, ________________32nd----_ Smyrna Jimmy Hodge Timmons ____________________,, ____________! 1th._______ Blakely Mell Traylor _______________________________________________________ 3rd--- Pembroke Dr. Loyce Turner ___________________ ___________________________ 8th__----Valdosta James W. Tysinger _,__________________--_,,_________--____41st--_--.Atlanta George T. Warren, II _________________._____--________________43rd__----Decatur Martin Young ______________--_.____-.-_,,._-_-___-_-__--__-- 13th____.--Rebecca

MEMBERS
OF THE GEORGIA HOUSE OF REPRESENTATIVES
WITH DISTRICTS AND CITIES FOR THE TERM 1975-1976

Name

District

Post Office

G. D. Adams ----------------------------36 --------------.-Atlanta John Adams _--------------_--_------______ 14 ----------------.Rome Marvin Adams ------___--------------____ 79 ----------------Thomaston William H. Alexander ------------__________ 38 _____------------Atlanta Frank I. Bailey, Jr. ---------------------72, Post 2-------Riverdale Patrick H. (Pat) Banks -------- --------104 __--------------__Macon Emory E. Bargeron ------,--____------ 83 ------ ----------Louisville Joseph A. (Joe) Battle ---------------- 124 ---------------Savannah Wilbur E. Baugh _--------------------___108 ----------------Milledgeville James M. Beck ----------------------__148 .-_.__------------Valdosta Bob Beckham -- _------_------------------89 ______------------ Augusta C. Ed Berry ____________________94 ----------------Columbus Rev. Jesse Blackshear ------___--------123 ----------------Savannah Paul Bolster _--------------,------------30 ------ _ --------Atlanta James A. (Jimmy) Bowman ----------. 103 _____________--___Jefferson-
ville Claude A. Bray, Jr. ----------------------70 ----------______--Manchester Ben Brown --------------------------------34 ------.--------Atlanta Thomas B. Buck, III ............------_____----95 ___------............. Columbus A. L. (Al) Burruss ------------------...-21, Post 2--_----Marietta Joe Burton ............--------------------_.._.47 ----------------Atlanta Anne C. Calhoun
(Mrs. Wm. C.) -__._.__.__.__.______.-_____.__..88 ----------------Augusta John R, Carlisle ------------------------71, Post 1--------Griffin Charlie Games ___----____________ ---------- 43, Post 1--------Atlanta Tom C. Carr ...._.----.._----------._------.105 ---------------- Sandersville Bobby Carrell ------------------------,--75 ...----.....--------Monroe Jack W. Carter ---------------------- 146, Post 2.___________Adel Don Castleberry _--------____..__.........----Ill ----------------Richland George A. Chance, Jr. ______------_----_____129 --.._...----------._Springfield E. M. (Buddy) Childers .___._.__----_15 _________ _Rome Peggy Childs
(Mrs. Mobley) --------.--_------._--_51...._______.___Decatur Betty J. Clark ____________.____55 ______--Atlanta Louie Clark ________________--------__----------_ 13, Post 1------___Danielsville A. D. Clifton ______------------_----------.107 .------------___Metter
Jack H. Cole ___-___----------_------------_-6, Post !.-____....Dalton Terry L. Coleman _________________._________._118 __________--------Eastman Marcus E. Collins ----------------------144 --------------_____Pelham
Carlton H. Colwell --_.....--------_______--4, Post 1-----Blairsville Jack Connell ____--------___________.....__--------87 ________.....________Augusta Bill Cooper _------_______----------------------19, Post 3____........Marietta Walter E. Cox --------___..___------___----_141...------____------Bainbridge John Crawford ----___------___------__________5 _._______--____________ Lyerly Bryant Culpepper ._...._________..._.___-__98 --.....,.__----_...__Ft. Valley

Name

District

Post Office

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

Walt Davis -------------------------- .56, Post !_____----Lithonia

Douglas C. Dean ----......_--------.__----29 ...--..-......-.....-Atlanta

R. A. Dent ------------------------------85 ----------------Augusta

Harry D. Dixon ------------------------151 --------------Waycross

Bill Dover .--.--------------------------11 --------------Hollywood

C. W. (Chuck) Edwards ----------------.20, Post 1--------Marietta

Ward Edwards ------------------------110 --------------.Butler

Michael J. Egan ----------------------25.

. . Atlanta

Ewell (Hank) Elliott, Jr. .------------49 ___________________ Doraville

Billy L. Evans ...._.__..__----.------------..99 ......_.----------.Macon

Warren D. Evans ------------------------84 ..........................Thomson

Mrs. Dorothy Felton ----------------.22 ..........................Atlanta

Paul W. Foster ______________.........._..--....152, Post 1------.Blackshear

R. L. Foster ----_______.....--------._.__.._______6, Post 2------Dalton

Donald H. Fraser --------------------139 __________________________ Hinesville

Lynn Gammage ------------.----------17....--...--...--..Cedartown

Arthur M. Gignilliat ------__-_______________122 ____________________ Savannah

Tom Glanton ------------------------66, Post 2--------Carrollton

Mrs. Mildred Glover ----..--------------.32 --------------Atlanta

John W. Greer ________--------------__________ 43, Post 3.___________Atlanta

Benson Ham ------------------------ 80 ----............----Forsyth

Mrs. Grace T. Hamilton --------------31 ..........................Atlanta

Eston A. Harden ----------------------154 --------------St. Simons

Island

B. B. Harris, Sr. --------------------60 ------------...Duluth

James Gordon Harris

(Sonny) ...._.------.......----.....___________..138, Post 2__..__._....Jesup

Joe Frank Harris --------------------------8, Post !____________ Cartersville

Carl Harrison _____________----------------20, Post 2.------..Marietta

Charles F. Hatcher --------------------131 --------------Albany

John Hawkins --...--...----..._----_--50 _________________ Atlanta

Forest Hays, Jr. ._._..------_--------------_.l, Post 2___________.Chat

tanooga,

Tenn.

Bobby L. Hill _______________________----------.127 __________________...-Savannah

Guy Hill ----._--___..___----_._______________________41_______________________.__Atlanta

Bob Holmes __________________________________________39._----__------Atlanta

Gerald Talmadge Horton ._____----___----.43, Post 2.__________Atlanta

G. Robert (Bob) Howard ------------19, Post 2.......--Marietta

Mobley Howell ...........----------..____..._...140 ______------_________..Blakely

Ted Hudson --------------------------137 __________________________ Fitzgerald

R. S. (Dick) Hutchinson ________________________133 --------------_. Albany-

Jack Irvin -_..--------------------------10--------------Baldwin

Robert A. Irvin ________.----________________________23 ----...--------. .Roswell

John R. Irwin ----------------------130 _______________________...Dawson

Jerry D. Jackson _..--...--_________________.___9, Post 3--------Flowery

Branch

Ben Jessup ----------------------------117 --------.....,,.... Cochran

Roger Johnson ___________------__------.______8, Post 3..._----Canton

Rudolph Johnson ------_..._...__--72, Post 4--_....Morrow

Name

District

Post Office

Herbert Jones, Jr. ________________________________ 126 __________________________Savannah Hugh Jordan ________________________________ _________58 __________________________ Stone
Mountain Randolph C. Karrh ______________________.___________106 ______________________ Swainsboro James W. Keyton _______________________________ ____143 _______________-__._______Thomasville Thomas M. (Mac) Kilgore __________________ 65 ________________________ Douglas-
ville Jack A. King _________________________________ ________96 ______________________ Columbus Nathan G. Knight ____________________________________67 ______________ _________Newnan George H. Kreeger _________________________ 21, Post !___________ Smyrna E. Roy Lambert __________________________________ 112 _______________-__-_____Madison Dick Lane ______________________________________________ 40 __ ________________.______East Point W. Jones Lane ______________________________....________81 ________________..________Statesboro George K. Larsen ____________________________________27 _______________-_____-___Atlanta W. W. Larsen, Jr. ____________________ _119 _________________________ Dublin William J. (Bill) Lee _____________________________ 72, Post !.__________Forest Park Lowell (Gene) Leggett _______ _______________153 _______ ________________Brunswick Gerald H. Leonard __________________________________ 3 ________________________ Chatsworth John Linder ____________________________________________ 44 _________________________ Dunwoody Hugh Logan _______________________________________ 62 ________________________ Athens Willis K. (Bobby) Long ______________ ________.__142 ________________________ Cairo David E. Lucas ________________________________________102 ______________________ Macon Charles C. Mann ______________________________________13, Post 3____________Elberton Sidney J. Marcus ____________________________________26 ________________________ Atlanta Chappelle Matthews ____________________________ ___63 __________________________Athens Dorsey R. Matthews ______________________________145 ________________________ _Moultrie Hayward McCollum ____________________________ __134 __________________________Albany Lauren McDonald, Jr.
(Bubba) _________ ____________________________________12 _________________________ Commerce J. E. (Billy) McKinney __________________________35 ____________________._.___Atlanta Bernard F. Miles ____________________________________86 __________________________Augusta Billy Milford ____________________._________________________13, Post 2.__________ Hartwell John L. Mostiler _____ ______________________________71, Post 2 __________ Griffin Edwin G. (Ed) Mullinax ________________________69 ____________________._____LaGrange Thomas B. Murphy __________________________________18 __ _ _____________________Bremen Paul E. Nessmith, Sr. __________._._________________82 _______________________.__Statesboro Ken Nix ____________________________________________________ 20, Post 3 _ _ ______Smyrna Bill Noble _________________________________________ 48 ________________________ Decatur Ray D. Owens ________________________________________ _77 __________________Appling Oliver Oxford __________________________________ 116 __ __ ____________________Americus Bobby Eugene Parham ________ _____________109 __________________________Milledgeville Ralph M. Parkman _____________________________ 66, Post 1 ____________Carrollton Johnny Parrish ________________________________________97 __________________________ Columbus Grover C. Patten ______________________________ __._146, Post 1 ____________ Adel Robert L, Patten _________________________________ 149 __________________________Lakeland Robert G. Peters _________________________________________ 2 ___________________.__,, Ringgold George Petro ____-_______.___________________-______-___-46 __________________________Atlanta L. L. (Pete) Phillips ______________________________120 _________________________ Soperton R. T. (Tom) Phillips _______________..______.________59 __________________________ Stone
Mountain W. Randolph Phillips _________________..-.._-______91 ____..________.___._.____.Shiloh

Name

District

Post Office

Frank C. Pinkston _____--__._.__.______-_________100 ___._______________.______Macon Howard H. Rainey ___-__________.._._______-_____135 _--_______.___________.._-Cordele
William C. Randall (Billy) __________..___..__-______________________._...-_101__________________________Macon
George E. Ray ___..,,__._________________- _________-__56, Post 2____________Stone
Mountain Henry L. Reaves ___-___.____,,_,,_____- -____________147 _------____----__-- Quitman Mrs. Eleanor L. Richardson __._ _______________52 ._--_____------_.-_ Decatur Ben Barren Ross _--___-.-._______--,,---__-____ 76 ________________________ -Lincolnton Dewey D. Rush ______________________________._______121 ________________________ _Glennville John Russell ________________________________________ ___.64 __________.___-______-_.,,Winder Walter B. Russell, Jr.
(Walt) _________________53_______.-Avondale Estates
Bill Sams ________________,,__________________________________90 _________________________ Augusta David Scott ._______________._._,,-_.____________________ 37 __________________________ Atlanta Tom Shanahan .__________________________-___-_-_._______7 ________________________ Calhoun Sam Sheats ............................................. 28 _________________________ Atlanta Bobby Sigman ________________________________________74 ________________________ -Oxford Mrs. Earleen Sizemore __________________________136 __________________________ Sylvester J. R. Smith -__-___________________________.....___________78 ____,,__._________________ Barnesville Virlyn B. Smith __________________________________.-_._42 __________________________Fairburn Calvin Smyre ________________.___._..____________________92 ________________________ Columbus Wayne Snow, Jr. ___________________,,_._.____--________!, Post l______..,___-Rossville R. Bayne Stone __-______________________________.-____138, Post l.___________Hazlehurst Ottis Sweat, Jr. ________________._..__..______________150 _-_.._____-___________.__Waycross Thomas R. Taggart ________________________....__._125 _______________________.,, Savannah Boyd Thomason __________________________________ ____8, Post 2____________Jasper Albert W. Thompson ___________._.....___.________93 __________________________ Columbus Claude (Tommy) Tolbert ________.__.__________56, Post 3____..______Decatur E. B. Toles --________-_____-____-____________-_________16 ..._______________________Rome Kiliaen V. Townsend ____________________....________24 _____-__---_________- -Atlanta Tom Triplett ________________________________________ _128 __-______________________Savannah Ray M. Tucker ____-____.._._.____________-.__--.______73 __-______--_---___-- McDonough Ralph Twiggs ____________________________________________ 4, Post 2____________Hiawassee Clarence R. Vaughn, Jr. ___________.._____________57 --_.____--..___ _ __Conyers Ted W. Waddle -_-____________...__.____,____..____ _113 ________________________ Warner
Robins Larry Walker _______________________________________ -115 _____________------__ Perry Vinson Wall --___________________-_______.____.___-__.__61 ________________________ Lawrence-
ville J. Crawford Ware _____-__-_-.-______-__---_-..____68 _________________________ Hogansville Roy H. (Sonny) Watson, Jr. ____________114 ________________________Warner
Robins Jim West ______._--,,___________,,_,,_____________.________72, Post 3._______._,_ Jonesboro Bobby A. Wheeler ___..__________________..___________152, Post 2 ,-Alma John White __________.-.__________.____.____,_______._.-_132 ________________-.____._Albany Doug Whitmire _______,,._,,...._________--_____________9, Post 2__________,_ Gainesville Rev. Hosea L. Williams ___________.______________54 .--,,,,...........__,,, Atlanta George Williamson ________________________________ 45 __--_______-_-.________,_Atlanta Joe Mack Wilson __________....____________.___..______19, Post !__________._Marietta Joe T. Wood ._-___________....___.______-_-...._______9, Post l___........-Gainesville

SENATE JOURNAL
Senate Chamber, Atlanta, Georgia Monday, January 13, 1975
The Senators-elect of the General Assembly of Georgia for the years 19751976 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 G. Maddox, President of the Senate.
The invocation was offered by The Reverend Frank Craton, pastor, Cloudland Springs Baptist Church, Rossville, Georgia.
The following communication from the Honorable Ben W. Fortson, Jr., Secretary of State, certifying the Senators-elect in the general election of 1974, was received and read by the Secretary:
SECRETARY OF STATE 214 State Capitol Atlanta 30334
January 13, 1975
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting herewith the names of the Senators elected in the General Election held on November 5, 1974 to represent the various Senatorial Districts in the General Assembly for the years 1975 and 1976, as the same appear on the consolidated returns of said election which are of file and record in this office.
With kindest regards and best wishes, I am
Sincerely yours, /s/ Ben W. Fortson, Jr.
Secretary of State

12

JOURNAL OF THE SENATE,

STATE SENATORS ELECTED TO THE GENERAL ASSEMBLY November 5, 1974 General Election

DISTRICT COUNTIES

NAME

1 Chatham*
2 Chatham*
3 Bryan, Chatham*, Effingham, Glynn*, Liberty, Long* & Mclntosh
4 Appling*, Bulloch, Candler, Evans, Screven & Tattnall
5 DeKalb*
6 Brantley, Camden, Glynn*, Long* & Wayne
7 Appling*, Atkinson, Bacon, Charlton, Clinch, Echols, Lanier, Pierce & Ware
8 Berrien, Coffee*, Cook & Lowndes
9 Brooks*, Colquitt, Mitchell, Tift*
10 Baker, Brooks*, Decatur, Grady & Thomas
11 Calhoun, Chattahoochee, Clay, Early, Miller, Quitman, Randolph, Seminole, Stewart & Webster
12 Dougherty*
13 Ben Hill, Crisp, Dooly, Irwin, Tift*, Turner, Worth
14 Dougherty*, Lee, Macon*, Marion, Schley, Sumter, Taylor & Terrell
15 Muscogee*
16 Muscogee*
17 Butts, Crawford, Henry*, Lamar, Pike, Talbot & Upson
18 Houston, Macon* & Peach
19 Bleckley, Coffee*, Dodge, Jeff Davis, Pulaski, Telfair & Wilcox
20 Johnson, Laurens, Montgomery, Toombs, Treutlen, Washington* & Wheeler
21 Burke, Emanuel, Glascock, Jefferson, Jenkins, Warren*, Washington*
22 Richmond*

John R. Riley Henry McDowell Mell Traylor
Joseph E. Kennedy Robert H. "Bob" Bell Roscoe Emory Dean, Jr. Frank Eldridge, Jr.
Loyce Turner Franklin Sutton Henry P. Russell, Jr. Jimmy Hodge Timmons
Al Holloway Martin Young Hugh Carter
Floyd Hudgins H. Norwood Pearce Peter L. Banks
Ed Barker E. M. "Pete" McDuffie
Hugh Gillis, Sr.
Preston B. Lewis, Jr.
R, Eugene Holley

*In Part

MONDAY, JANUARY 13, 1975

13

DISTRICT COUNTIES
23 Richmond* 24 Columbia, Greene, Lincoln,
Madison*, McDuffie, Oglethorpe, Taliaferro, Warren, Wilkes 25 Baldwin, Hancock, Jasper, Jones, Morgan*, Putnam, Wilkinson 26 Bibb* & Twiggs 27 Bibb* & Monroe 28 Clayton*, Coweta*, Fayette* Henry* & Spalding 29 Harris, Heard, Meriwether, Troup 30 Carroll, Coweta* & Douglas* 31 Bartow*, Douglas*, Haralson, Paulding* & Polk
32 Cobb* 33 Cobb* 34 Fayette * & Fulton* 35 Fulton*
36 Fulton*
37 Fulton*
38 Fulton* 39 Fulton*
40 Fulton* 41 DeKalb*
42 DeKalb* 43 DeKalb* 44 Clayton*
45 Barrow*, Morgan*, Newton, Rockdale & Walton
46 Clarke, Jackson* & Oconee
47 Banks, Elbert, Franklin, Hart, Madison*, Stephens
48 Barrow* & Gwinnett
49 Forsyth*, Hall & Jackson*
50 Dawson, Fannin, Gilmer, Habersham, Lumpkin, Rabun, Towns, Union & White
51 Cherokee, Forsyth*, Gordon, Pickens & Whitfield*
52 Bartow* & Floyd 53 Chattooga, Dade & Walker
54 Catoosa, Murray & Whitfield*
55 DeKalb* 56 Cobb*, Fulton* & Paulding*
*In Part

NAME
Jimmy Lester Sam P. McGill
Culver Kidd
Bert Hamilton Lee Robinson Virginia Shapard
Render Hill
J. Ebb Duncan Nathan Dean
Joe Thompson Roy E. Barnes James R. "Duck" Hamilton Perry J. Hudson Jack L. Stephens Ed Garrard Horace E. Tate Julian Bond Paul D. Coverdell James W. (Jim) Tysinger Pierre Howard, Jr. George T. Warren, II Terrell A. Starr W. D. (Don) Ballard
Paul Broun M. Parks Brown
Steve Reynolds Howard T. Overby John C. Foster
James Beverly Langford
Sam W. Doss, Jr. E. G. Summers W. W. (Bill) Fincher, Jr. Lawrence (Bud) Stumbaugh Haskew Brantley

14

JOURNAL OF THE SENATE,

The following communication from James E. Alexander was read by the Secretary:

January 10, 1975

To The Honorable Zell Miller, Lt. Governor of the State of Georgia, and President of the Senate
James R. Alexander gives notice pursuant to Article III, Section VII of the Constitution of the State of Georgia, of his intention to contest the purported election of George T. Warren in the General Election held on November 5, 1974, to the office of Senator from the 43rd District of Georgia, and requests that the Senate, pursuant to it's procedures, investigate said election, and order a special election for said position.
This 10th day of January, 1975.
/s/ James R. Alexander Contestant

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

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th
Hill Holley Holloway Howard Hudgins Hudson Kennedy
Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley
Robinson Russell Shapard Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Not answering was George T. Warren of the 43rd District, whose election to the Senate was being contested.

The Senators-elect presented themselves at the rostrum, where they received the oath of office administered by the Honorable Julian Webb, Judge, Court of Appeals.

MONDAY, JANUARY 13, 1975

15

The President announced that the next order of business was the election of the President Pro Tempore.

Senator Howard of the 42nd nominated Senator Holloway of the 12th as President Pro Tempore, and Senator Reynolds of the 48th seconded the nomination.

Senator Riley of the 1st asked unanimous consent that the nominations be closed and that the Secretary be instructed to cast the vote of the entire body for Senator Holloway of the 12th.

The consent was granted, and Senator Holloway of the 12th was declared elected President Pro Tempore.

Senator Holloway of the 12th expressed his appreciation to the members of the Senate for the honor being accorded him on his election as President Pro Tempore.
The President announced that the next order of business was the election of the Secretary of the Senate.
Senator Broun of the 46th nominated Honorable Hamilton McWhorter, Jr. of Oglethorpe County as Secretary of the Senate.
Senator Riley of the 1st asked unanimous consent that the nominations be closed and the Assistant Secretary be instructed to cast the vote of the entire body for Honorable Hamilton McWhorter, Jr.
The consent was granted and Honorable Hamilton McWhorter, Jr. was declared elected Secretary of the Senate.
The oath of office as Secretary was administered to Honorable Hamilton McWhorter, Jr. by the President.
Honorable Hamilton McWhorter, Jr. expressed his appreciation on being elected Secretary to the members of the Senate.

The President announced that the next order of business was the election of a Messenger.
Senator Overby of the 49th nominated Honorable Winston Pittman of Hall County as Messenger.
Senator Riley of the 1st asked unanimous consent that the nominations be closed and that the Secretary be instructed to cast the vote of the entire body for Honorable Winston Pittman.

16

JOURNAL OF THE SENATE,

The consent was granted, and Honorable Winston Pittman was declared elected as Messenger.

The President announced that the next order of business was the election of a Doorkeeper.

Senator Doss of the 52nd nominated Honorable Pat Jarvis of DeKalb County as Doorkeeper.

Senator Riley of the 1st asked unanimous consent that the nominations be closed and that the Secretary be instructed to cast the vote of the entire body for Honorable Pat Jarvis.

The consent was granted, and Honorable Pat Jarvis was declared elected Doorkeeper.

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

SR 1. By Senators Eldridge of the 7th, Riley of the 1st and Holloway of the 12th:
A resolution adopting the rules of the Senate.

Senator Dean of the 6th offered the following amendment:
Amend SR 1 by adding at the end of Rule 229, the following:
"All sessions, meetings and deliberations of the Committee on Committees of the Senate shall be open and such consideration shall not be had in executive session."

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 Broun of 46th Brown of 47th

Dean of 6th Gillis Holley

Kidd McDuffie Russell

Those voting in the negative were Senators :

Banks Barker Barnes Bell Bond

Brantley Carter Coverdell Dean of 31st Doss

Duncan Eldridge Fincher Foster Garrard

MONDAY, JANUARY 13, 1975

17

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Langford Lester

Lewis McDowell McGill Overby Pearce Reynolds Riley Robinson Shapard Starr

Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Young

Those not voting were Senators Tysinger and Warren.

On the adoption of the amendment, the yeas were 9, nays 45, and the amend ment was lost.

Senator Dean of the 6th offered the following amendment:
Amend SR 1 by adding at the end of Rule 30, the following:
"If it appears that the appointments to any standing committee or standing subcommittee by the Committee on Committees are dis criminatory against a specific geographical area of the State, the Senator from such area may appeal the appointments of the Com mittee on Committees to the Rules Committee. Such Senate Rules Committee may make a change in the appointments by the Committee on Committees and their decision shall be final."

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:

Dean of 6th

Kidd

Those voting in the negative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss

Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins

McDuffie
Hudson Kennedy Langford Lester Lewis McDowell McGill Overby Pearce Reynolds Riley Robinson Russell

18
Shapard Starr Stephens Stumbaugh

JOURNAL OF THE SENATE,

Summers Sutton Tate Thompson

Timmons Traylor Turner Young

Those not voting were Senators Tysinger and Warren.

On the adoption of the amendment, the yeas were 3, nays 51, and the amend ment was lost.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Young

Those not voting were Senators Tysinger and Warren.

On the adoption of the resolution, the yeas were 54, nays 0.

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

The President announced the appointment of the following Senate Standing Committees:

AGRICULTURE

McGlLL of 24th, Chairman RUSSELL of 10th, Vice-Chairman TIMMONS of llth, Secretary
Kennedy of 4th

McDuffie of 19th Sutton of 9th Turner of 8th

MONDAY, JANUARY 13, 1975

19

APPROPRIATIONS

BROUN of 46th, Chairman HOLLOWAY of 12th, Vice Chairman DOSS of 52nd, Secretary
Carter of 14th Dean of 6th Duncan of 30th Fincher of 54th Gillis of 20th Hamilton of 26th Hill of 29th

Holley of 22nd Hudgins of 15th Kennedy of 4th Lester of 23rd McGill of 24th Overby of 49th Riley of 1st Starr of 44th Young of 13th

BANKING, FINANCE AND INSURANCE

HOLLEY of 22nd, Chairman DUNCAN of 30th, Vice Chairman TURNER of 8th, Secretary
Broun of 46th Coverdell of 40th Doss of 52nd Gillis of 20th

Holloway of 12th Hudgins of 15th Riley of 1st Starr of 44th Sutton of 9th Thompson of 32nd

Banking and Insurance Subcommittee

DUNCAN of 30th, Chairman Coverdell of 40th Doss of 52nd

Gillis of 20th Holloway of 12th Starr of 44th

Ways and Means Subcommittee

SUTTON of 9th, Chairman Broun of 46th Hudgins of 15th Riley of 1st

Starr of 44th Thompson of 32nd Turner of 8th

CONSUMER AFFAIRS

STEPHENS of 36th, Chairman HOWARD of 42nd, Vice Chairman ROBINSON of 27th, Secretary
Banks of 17th

Bond of 39th Hamilton of 34th Shapard of 28th

COUNTY AND URBAN AFFAIRS

GARRARD of 37th, Vice Chairman McDuFFlE of 19th, Vice Chairman HUDSON of 35th, Secretary
Bell of 5th

Brantley of 56th Eldrdige of 7th Overby of 49th Young of 13th

Rural Development Subcommittee

McDuFFlE of 19th, Chairman Eldridge of 7th

Overby of 49th Young of 13th

20

JOURNAL OF THE SENATE,

Urban Development Subcommittee

BELL of 5th, Chairman Brantley of 56th

Hudson of 35th

DEFENSE AND VETERANS AFFAIRS

HUDGINS of 15th, Chairman LEWIS of 21st, Vice Chairman RUSSELL of 10th, Secretary
Barker of 18th

Carter of 14th Hudson of 35th Robinson of 27th

ECONOMY, REORGANIZATION AND EFFICIENCY IN GOVERNMENT

KIDD of 25th, Chairman BOND of 39th, Vice Chairman RUSSELL of 10th, Secretary
Barker of 18th Coverdell of 40th Dean of 6th Garrard of 37th

Hill of 29th McGill of 24th Stephens of 36th Traylor of 3rd Warren of 43rd Holloway of 12th,
Ex Officio Mr. President,
Ex Officio

EDUCATION

CARTER of 14th, Chairman SUMMERS of 53rd, Vice Chairman FOSTER of 50th, Secretary
Dean of 31st McDuffie of 19th Shapard of 28th

Starr of 44th Stumbaugh of 55th Tate of 38th Timmons of llth Warren of 43rd

Primary and Secondary Subcommittee

SHAPARD of 28th, Chairman McDuffie of 19th Starr of 44th

Summers of 53rd Tate of 38th

Vocational and Technical Subcommittee

TIMMONS of llth, Chairman Dean of 31st Foster of 50th

Stumbaugh of 55th Warren of 43rd

HIGHER EDUCATION

Doss of 52nd, Chairman HAMILTON of 26th, Vice Chairman LANGFORD of 51st, Secretary
Ballard of 45th Banks of 17th

Bell of 5th Broun of 46th Traylor of 3rd Tysinger of 41st

MONDAY, JANUARY 13, 1975

21

Science and Technology Subcommittee

TYSINGER of 41st, Chairman Broun of 46th

Traylor of 3rd

HUMAN RESOURCES

FINCHER of 54th, Chairman HUDSON of 35th, Vice Chairman BROWN of 47th, Secretary
Bond of 39th Brantley of 56th Duncan of 30th Garrard of 37th

Hamilton of 26th Kidd of 25th Lester of 23rd McDowell of 2nd Reynolds of 48th Shapard of 28th

Mental Health Subcommittee

LESTER of 23rd, Chairman Duncan of 30th

McDowell of 2nd

Physical Health Subcommittee

GARRARD of 37th, Chairman Brown of 47th

Kidd of 25th

Social Services Subcommittee

HAMILTON of 26th, Chairman Bond of 39th

Shapard of 28th

Vocational Rehabilitation Subcommittee

BRANTLEY of 56th, Chairman Hudson of 35th

Reynolds of 48th

INDUSTRY, LABOR AND TOURISM

BALLARD of 45th, Chairman THOMPSON of 32nd, Vice Chairman PEARCE of 16th, Secretary
Barnes of 33rd Brantley of 56th

Hill of 29th Stephens of 36th Stumbaugh of 55th Tysinger of 41st

Employment Services Subcommittee

BARNES of 33rd, Chairman

Pearce of 16th

Industrial Development Subcommittee

STUMBAUGH of 55th, Chairman Brantley of 56th

Tysinger of 41st

Tourism Development Subcommittee

STEPHENS of 36th, Chairman Hill of 29th

Thompson of 32nd

22

JOURNAL OF THE SENATE,

INTERSTATE COOPERATION

HILL of 29th, Chairman DUNCAN of 30th, Vice Chairman Doss of 52nd, Secretary

Fincher of 54th Overby of 49th

JUDICIARY
OVERBY of 49th, Chairman HOWARD of 42nd, Vice Chairman PEARCE of 16th, Secretary
Ballard of 45th Banks of 17th Barnes of 33rd

Bell of 5th Foster of 50th Holley of 22nd Langford of 51st Lewis of 21st Stumbaugh of 55th

Civil Subcommittee

LEWIS of 21st, Chairman Holley of 22nd

Langford of 51st Pearce of 16th

Criminal Subcommittee

BANKS of 17th, Chairman Ballard of 45th

Barnes of 33rd Howard of 42nd

Law Enforcement Subcommittee

BELL of 5th, Chairman Foster of 50th

Stumbaugh of 55th

NATURAL RESOURCES AND ENVIRONMENTAL QUALITY

GILLIS of 20th, Chairman LANGFORD of 51st, Vice Chairman SUTTON of 9th, Secretary
Barker of 18th Dean of 31st Howard of 42nd

Lewis of 21st McDowell of 2nd Timmpns of llth Traylor of 3rd Turner of 8th

Game and Fish Subcommittee

HOWARD of 42nd, Chairman Dean of 31st

Langford of 51st McDowell of 2nd

Parks and Historical Sites Subcommittee

TRAYLOR of 3rd, Chairman Barker of 18th

Lewis of 21st

Resources and Environmental Control Subcommittee

TURNER of 8th, Chairman Sutton of 9th

Timmons of llth

MONDAY, JANUARY 13, 1975

23

OFFENDER REHABILITATION

KENNEDY of 4th, Chairman YOUNG of 13th, Vice-Chairman SUMMERS of 53rd, Secretary
Eldridge of 7th

Foster of 50th Robinson of 27th Tate of 38th

Penal and Correctional Institutions Subcommittee

FOSTER of 50th, Chairman Summers of 53rd

Tate of 38th

Probation, Pardons and Paroles Subcommittee

ROBINSON of 27th, Chairman Eldridge of 7th

Young of 13th

PUBLIC UTILITIES

BROWN of 47th, Chairman DEAN of 6th, Vice Chairman FINCHER of 54th, Secretary
Hamilton of 34th

Kidd of 25th Reynolds of 48th Tysinger of 41st

Regulated Matters Subcommittee

TYSINGER of 41st, Chairman Dean of 6th

Fincher of 54th

Transportation Subcommittee

HAMILTON of 34th, Chairman Kidd of 25th

Reynolds of 48th

RETIREMENT

LESTER of 23rd, Chairman TATE of 38th, Vice Chairman HAMILTON of 34th, Secretary
Coverdell of 40th

Eldridge of 7th Summers of 53rd Thompson of 32nd

ELDRIDGE of 7th, Chairman RILEY of 1st, Vice Chairman REYNOLDS of 48th, Secretary
Barker of 18th Carter of 14th Coverdell of 40th

RULES

Garrard of 37th Gillis of 20th Holloway of 12th Kidd of 25th Starr of 44th Young of 13th

Enrolling and Journals Subcommittee

YOUNG of 13th, Chairman Carter of 14th

Coverdell of 40th

24

JOURNAL OF THE SENATE,

Senate Administrative Affairs Subcommittee

BARKER of 18th, Chairman Holloway of 12th

Riley of 1st

TRANSPORTATION

REYNOLDS of 48th, Chairman DEAN of 31st, Vice Chairman BARNES of 33rd, Secretary
Brown of 47th Holloway of 12th

McDowell of 2nd Pearce of 16th Riley of 1st Warren of 43rd

Highways Subcommittee

WARREN of 43rd, Chairman Dean of 31st

Holloway of 12th

Motor Vehicles Subcommittee

PEARCE of 16th, Chairman

Barnes of 33rd

State Ports Subcommittee

McDowELL of 2nd, Chairman Brown of 47th

Riley of 1st

The following resolution of the Senate was read and adopted:
SR 2. By Senators Riley of the 1st and Eldridge of the 7th: A resolution to notify the House that the Senate has convened.
Senator Coverdell of the 40th moved that the issue of the contested election in the 43rd Senatorial District be committed to the Committee on Rules for its investigation and recommendation to the Senate.
On the motion, the yeas were 49, nays 0; the motion prevailed, and the issue of the contested election in the 43rd Senatorial District was committed to the Committee on Rules.
The following resolution of the Senate was introduced, read the first time and referred to a committee:
SR 3. By Senators Eldridge of the 7th, Riley of the 1st and Holloway of the 12th: A resolution relative to officials, employees and committees of the Senate.
Referred to the Committee on Rules.

MONDAY, JANUARY 13, 1975

25

The following communications were received from His Excellency, Governor Jimmy Carter:

EXECUTIVE DEPARTMENT Atlanta 30334

January 13, 1975
Honorable Lester G. Maddox Lieutenant Governor and President of the Senate and Members of the Senate State Capitol Atlanta, Georgia 30334
Lady and Gentlemen:
In accordance with Article V, Section I, Paragraph XI, of the Constitution of the State of Georgia, I report to you as follows:
Subsequent to the adjournment of the Regular Session of the Gen eral Assembly on February 26, 1974, to the date of this communication, there have been no convictions for treason in the State of Georgia. Therefore, I was not called upon to suspend the execution of a sentence for treason.
Subsequent to the adjournment of the Regular Session of the Gen eral Assembly on February 26, 1974, to the date of this communication, I have issued no stays of execution.
Sincerely,
/s/ Jimmy Carter
EXECUTIVE DEPARTMENT Atlanta 30334

January 13, 1975
Honorable Lester G. Maddox Lieutenant Governor and President of the State Senate and Members of the State Senate Senate Chamber State Capitol Atlanta, Georgia 30334
Dear Lt. Gov. Maddox and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:

26

JOURNAL OF THE SENATE,

Honorable Charles W. Jenkins of Dougherty County as a member of the State Board of Accountancy for the term of office beginning November 5, 1974, and ending June 30, 1978.

Honorable Bernard B. Rothschild of Pulton County as a member of the State Board for Examination, Qualification and Registration of Architects for the term of office beginning May 15, 1974, and ending March 5, 1979.

Honorable John Henry Anderson, Jr. of Pulaski County as a member of the Area Planning & Development Advisory Committee for a term of office beginning September 15, 1974, and serving at the pleasure of the Governor.

Honorable Wilbur Hoover of Elbert County as a member of the Area Planning and Development Advisory Committee for a term begin ning January 1, 1975, and serving at the pleasure of the Governor.

Honorable Frank B. Turner of Newton County as a member of the Area Planning and Development Advisory Committee for a term of office beginning April 25, 1974, and serving at the pleasure of the Gov ernor.

Honorable Ben Whitaker of Gilmer County as a member of the Area Planning and Development Advisory Committee for a term of office beginning September 25, 1974, and serving at the pleasure of the Gov ernor.
Honorable Frank E. Carlton of Chatham County as a member of the Atlantic States Marine Fisheries Commission for the term of office beginning July 26, 1974, and ending May 18, 1977.

Honorable John J. Neely, Jr. of Taylor County as a member of the State Building Administrative Board for the term of office beginning September 16, 1974, and ending December 1, 1977.
Dr. D. M. Livingston of Polk County as a member of the Georgia Board of Chiropractic Examiners for the term of office beginning Au gust 26, 1974, and ending August 20, 1977.
Dr. Hoyt B. Duke of Richmond County as a member of the Georgia Board of Chiropractic Examiners for the term of office beginning Sep tember 30, 1974, and ending September 8, 1977.
Honorable Hugh Lawson of Pulaski County as a member of the Board of Community Development for the term of office beginning No vember 5, 1974, and ending April 1, 1975.

MONDAY, JANUARY 13, 1975

27

Honorable John Cox of Fulton County as a member of the State Board of Corrections and the Board of Offender Rehabilitation for the term of office beginning December 20, 1974, and ending November 27, 1979.

Mrs, Ruth Reddy of Lowndes County as a member of the Georgia State Board of Cosmetology for the term of office beginning June 24, 1974, and ending May 1, 1977.

Mrs. Mary Bryant Guest of Fulton County as a member of the Georgia State Board of Cosmetology for a term of office beginning June 24, 1974, and ending May 1, 1977.

Mrs. Edna West of DeKalb County as a member of the Georgia State Board of Cosmetology for the term of office beginning November 21, 1974, and ending May 1, 1975.

Ms. Clarissa Hulsey of Hall County as a member of the Georgia State Board of Cosmetology for the term of office beginning November 21, 1974, and ending May 1, 1976.

Dr. William R. Jerles of Houston County as a member of the Board of Dental Examiners of Georgia for the term of office beginning April 11, 1974, and ending March 15, 1979.

Dr. Lewis H. Williams of Stephens County as a member of the Board of Dental Examiners of Georgia for the term of office beginning May 6, 1974, and ending March 15, 1979.

Dr. George J. Schuette of Fulton County as a member of the Board of Dental Examiners of Georgia for the term of office beginning Sep tember 12, 1974, and ending August 1, 1979.

Dr. Marilyn E. Stone of DeKalb County as a member of the Board of Dental Examiners of Georgia for the term of office beginning De cember 31, 1974, and ending January 4, 1978.

Honorable Billy E. Nails of Jasper County as a member of the Geor gia Development Authority for the term of office beginning July 9, 1974, and ending June 1, 1982.

Honorable Brice Bishop of Clarke County as a member of the Geor gia State Board of Electrical Contractors for the term of office begin ning August 26, 1974, and ending July 1, 1977.

28

JOURNAL OF THE SENATE,

Honorable William P. McCuen of Chatham County as a member of the Georgia State Board of Electrical Contractors for the term of office beginning August 26, 1974, and ending July 1, 1977.

Honorable Dock H. Davis of Fulton County as a member of the Board of Review, Employment Security Agency, for the term of office beginning December 23, 1974, and ending November 14, 1976.

Honorable George Britton Smith of Fulton County as a member of the Board of Review, Employment Security Agency, for the term of office beginning December 31, 1974, and ending November 14, 1980.

Honorable Emory C. Parrish of Cobb County as a member of the Board of Registration for Professional Engineers and Land Surveyors
for the term of office beginning September 16, 1974, and ending June 1, 1979.

Dr. Allyn M. Herrick of Clarke County as a member of the State Board of Registration for Foresters for the term of office beginning September 30, 1974, and ending March 19, 1979.

Honorable Felton Denney of Carroll County as a member of the State Forestry Commission for the term of office beginning July 30, 1974, and ending January 1, 1980.

Honorable Ernest C. Huey of Cherokee County as a member of the Georgia State Board of Funeral Service for the term of office beginning August 26, 1974, and ending February 13, 1980.

Honorable J. Fred Gunter of Fulton County as a member of the Long-Term Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1976.

Honorable R. Wayne Lowe of Houston County as a member of the Long-Term Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1976.

Honorable Edward M. Mclntyre of Richmond County as a member of the Long-Term Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1976.

Honorable H. C. Morrison of Chatham County as a member of the Long-Term Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1978.

MONDAY, JANUARY 13, 1975

29

Honorable E. Thomas Stroud of Glynn County as a member of the Long-Term Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1978.

Honorable Gerald Bishop of Cobb County as a member of the LongTerm Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1978.
Honorable Edward Bond of Bibb County as a member of the LongTerm Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1977.
Honorable Joe Cobis of Muscogee County as a member of the LongTerm Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1976.
Honorable William C. Davis of Jones County as a member of the Long-Term Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1975.
Honorable Hugh Bray of Muscogee County as a member of the Geor gia State Board of Hearing Aid Dealers and Dispensers for the term of office beginning September 16, 1974, and ending July 1, 1977.
Honorable John S. Laws of Appling County as a member of the Charles H. Herty Foundation for the term of office beginning October 7, 1974, and ending February 19, 1978.
Honorable William J. McCormick of Chatham County as a member of the Charles H. Herty Foundation for the term of office beginning November 12, 1974, and ending February 19, 1979.
Honorable H. Lehman Franklin, Jr. of Bulloch County as a member of the Charles H. Herty Foundation for the term of office beginning No vember 25, 1974, and ending February 19, 1976.
Dr. Robert Repass of Clarke County as a member of the Board of Human Resources for the term of office beginning April 11, 1974, and ending April 6, 1979.
Honorable Jack H. Watson, Jr. of Fulton County as a member of the Board of Human Resources for the term of office beginning April 11, 1974, and ending April 6, 1979.
Reverend Nelson Price of Cobb County as a member of the Board of Human Resources for the term of office beginning November 5, 1974, and ending April 6, 1976.

30

JOURNAL OF THE SENATE,

Honorable Howard Ector of Cobb County as a member of the Judi cial Qualifications Commission for the term of office beginning De cember 31, 1974, and ending December 31, 1978.

Dr. Marcus Mashburn, Jr. of Forsyth County as a member of the Lake Lanier Islands Development Authority for the term of office beginning July 26, 1974, and ending May 15, 1978.

Mrs. Elizabeth Moore of Laurens County as a member of the State Board for the Certification of Librarians for the term of office begin ning December 31, 1974, and ending January 1, 1979.

Mrs. Grace B. Knight of Towns County as a member of the Board of Examiners of Practical Nurses of Georgia for the term of office begin ning December 31, 1974, and ending April 1, 1977.

Honorable Delmas Wheeler of Toombs County as a member of the State Board for the Certification of Librarians for the term of office beginning December 31, 1974, and ending December 31, 1977.

Mrs. Jo Ann Goldman of Fulton County as a member of the Council on Maternal and Infant Health for the term of office beginning July 1, 1974, and ending July 1, 1978.
Dr. Judson L. Hawk, Jr. of Fulton County as a member of the Council on Maternal and Infant Health for the term of office beginning July 1, 1974, and ending July 1, 1978.
Dr. Lewis Levy of Muscogee County as a member of the Council on Maternal and Infant Health for the term of office beginning July 1, 1974, and ending July 1, 1978.
Dr. W. Ronald Tipton of Whitfield County as a member of the Council on Maternal and Infant Health for the term of office beginning July 1, 1974, and ending July 1, 1978.

Dr. Duncan Farris of Ware County as a member of the Composite State Board of Medical Examiners for the term of office beginning June 28, 1974, and ending September 1, 1977.

Dr. A. R. Haight of Forsyth County as a member of the Composite State Board of Medical Examiners for the term of office beginning De cember 31, 1974, and ending September 10, 1978.

Dr. Bernard J. Bridges of Fulton County as a member of the Com posite State Board of Medical Examiners for the term of office begin ning December 31, 1974, and ending September 1, 1978.

MONDAY, JANUARY 13, 1975

SI

Dr. George T. Mims of Cobb County as a member of the Composite State Board of Medical Examiners for the term of office beginning De cember 31, 1974, and ending September 1, 1978.

Dr. M. Virginia Tuggle of DeKalb County as a member of the Com posite State Board of Medical Examiners for the term of office begin ning December 31, 1974, and ending September 1, 1978.

Honorable Robert J. Eubanks of Spalding County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1976.

Honorable Seth L. Knight, Jr. of Ployd County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1975.

Honorable Robert R. Meredith of Franklin County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1977.
Honorable L. Cohen Walker, Sr. of Houston County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1976.

Honorable Don Yancey of Cobb County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1977.
Honorable Robert M. Matre of Dougherty County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24 1977.
Honorable Harry V. Ruth of DeKalb County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1976.

Honorable Louis N. Widener of Fulton County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1975.

Honorable Alton Wingate of Habersham County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1975.

Honorable Harold H. Edwards of Fulton County as a member of the Georgia Motor Vehicle Commission for the term of office beginning December 31, 1974, and ending May 24, 1975.

32

JOURNAL OF THE SENATE,

Honorable Wade Coleman of Lowndes County as a member of the Board of Natural Resources for the term of office beginning April 11, 1974, and ending March 16, 1981.

Mrs. Verdelle B. Bellamy of Fulton County as a member of the Board of Examiners of Nurses for Georgia for the term of office begin ning December 9, 1974, and ending September 23, 1977.

Mrs. lula Stiggers of Troup County as a member of the Board of Examiners of Practical Nurses of Georgia for the term of office begin ning September 30, 1974, and ending April 1, 1977.
Ms. Roselle Tobias of Cobb County as a member of the Board of Examiners of Practice Nurses of Georgia for the term of office beginning December 31, 1974, and ending April 1, 1978.

Honorable Bernard L. Brown, Jr. of Cobb County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning December 31, 1974, and ending December 29, 1976.

Ms. Catherine Summerlin of Baldwin County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning December 31, 1974, and ending December 29, 1976.
Honorable Gene Clark of Floyd County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning December 31, 1974, and ending December 29, 1976.
Honorable William Barrett of Clarke County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning December 31, 1974, and ending December 29, 1976.
Honorable Charles Hill of Union County as a member of the Board of Offender Rehabilitation for the term of office beginning September 26, 1974, and ending April 6, 1978.
Honorable Rex Snell of Spalding County as a member of the State Board of Dispensing Opticians for the term of office beginning April 11, 1974, and ending March 16, 1977.
Honorable George Dobbs of Floyd County as a member of the State Board of Dispensing Opticians for the term of office beginning April 23, 1974, and ending March 16, 1978.
Dr. Elias Saliba of Hart County as a member of the Georgia State Board of Examiners in Optometry for the term of office beginning Sep tember 30, 1974, and ending September 6, 1977.

MONDAY, JANUARY 13, 1975

33

Dr. I. Dell Engram, Jr. of Fulton County as a member of the Geor gia State Board of Examiners in Optometry for the term of office begin ning November 7, 1974, and ending February 19, 1979.

Honorable Leslie Summerford of Dougherty County as a member of the Georgia Peace Officer Standards and Training Council for the term of office beginning July 1, 1974, and ending July 1, 1978.

Honorable Millard S. Kennedy of Webster County as a member of the Georgia Peace Officer Standards and Training Council for the term of office beginning September 16, 1974, and ending July 1, 1978.

Mrs. Isabel Gates Webster of Fulton County as a member of the State Personnel Board for the term beginning September 30', 1974, and ending November 23, 1978.

Dr. Arthur Hugh Redding of Early County as a member of the Georgia State Board of Pharmacy for the term of office beginning No vember 1, 1974, and ending November 1, 1979.

Miss Glory Sanders of .Fulton County as a member of the Board of Physical Therapy for the term of office beginning September 16, 1974, and ending August 30, 1977.

Dr. A. R. Pitts, Jr. of Lowndes County as a member of the State Board of Podiatry Examiners for the term of office beginning July 26, 1974, and ending May 5, 1977.

Honorable James Huckabee of Rockdale County as a member of the Board of Polygraph Examiners for the term of office beginning De cember 9, 1974, and ending July 15, 1980.

Honorable P. E. (Pete) Clifton of Chatham County as a member of the Georgia Ports Authority for the term of office beginning July 2, 1974, and ending June 30, 1978.

Honorable Robert D. Miles of Glynn County as a member of the Georgia Ports Authority for the term of office beginning September 30, 1974, and ending June 30, 1978.
Honorable Robert H. Tharpe, Sr. of Fulton County as a member of the Georgia Ports Authority for the term of office beginning September 30, 1974, and ending June 30, 1978.
Honorable John W. Crunkleton of Gwinnett County as a member of the Georgia Board of Private Detective and Private Security Agencies for the term of office beginning November 7, 1974, and ending June 11, 1976.

34

JOURNAL OF THE SENATE,

Dr. Virginia Zachert of Richmond County as a member of the State Board of Examiners of Psychologists for the term of office beginning September 16, 1974, and ending January 7, 1979.

Honorable Claude M. Lewis of Houston County as a member of the Board of Recreation Examiners of the State of Georgia for the term of office beginning September 12, 1974, and ending April 22, 1977.

Honorable Thomas E. Dennard, Jr. of Glynn County as a member of the Georgia Residential Finance Authority for the term of office begin ning May 21, 1974, and ending May 21, 1976.
Honorable Thomas T. (Sonny) Shealy of Bibb County as a member of the Georgia Residential Finance Authority for the term of office beginning May 21, 1974, and ending May 21, 1978.

Mrs. Lottie H. Watkins of Fulton County as a member of the Geor gia Residential Finance Authority for the term of office beginning May 21, 1974, and ending May 21, 1976.

Honorable Charles W. Yeargin of Elbert County as a member of the Georgia Residential Finance Authority for the term of office begin ning May 21, 1974, and ending May 21, 1978.
Honorable Eucle George of Houston County as a member of the State Board of Examiners for Registered Professional Sanitarians for the term of office beginning August 13, 1974, and ending April 24, 1975.

Honorable James E. Cushman of Fulton County as a member of the Southern Growth Policies Board for the term of office beginning March 1, 1974, and serving at the pleasure of the Governor.
Professor Frank R. 'Bowers of Clarke County as a member of the Southern Growth Policies Board for the term of office beginning March 1, 1974, and serving at the pleasure of the Governor.
Honorable Lamar R. Plunkett of Carroll County as a member of the Board of Control for Southern Regional Education for the term of office beginning July 26, 1974, and ending June 30, 19*78.

Dr. Stanley Ainsworth of Clarke County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning June 24, 1974, and ending June 24, 1977.

Ms. Anne W. Herbert of Fulton County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning June 24, 1974, and ending June 24, 1976.

MONDAY, JANUARY 13, 1975

35

Honorable Steven A. Fellows of Floyd County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning June 24, 1974, and ending June 24, 1975.

Dr. Sol Rundbaken of Chatham County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning June 24, 1974, and ending June 24, 1976.

Honorable Curtis N. Williams of Dougherty County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning June 24, 1974, and ending June 24, 1977.
Dr. Claude Lee Pennington of Bibb County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning June 24, 1974, and ending June 24, 1977.
Dr. Winfred Harris of Fulton County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning June 24, 1974, and ending June 24, 1975.
Dr. Terry Shapiro of Cobb County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning December 31, 1974, and ending June 24, 1977.

Honorable George M. D. (John) Hunt, III of Tift County as a member of the Stone Mountain Memorial Association for the term of office beginning December 31, 1974, and ending February 24, 1977.

Honorable James A. Blissit of Richmond County as a member of the Board of Trustees for the Teachers Retirement System of Georgia for the term of office beginning September 30, 1974, and ending June 30, 1977.

Honorable James W. King of Bibb County as a member of the State Board of Registration for Used Car Dealers for the term of office beginning September 12, 1974, and ending May 20, 1979.

Honorable Lester Kennedy of Jackson County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts for the term of office beginning December 31, 1974, and ending January 1, 1978.

Honorable Roy Holland of Laurens County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts for the term of office beginning December 31, 1974, and ending January 1, 1978.

36

JOURNAL OF THE SENATE,

Honorable Marion Smith, II of Fulton County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts for the term of office beginning December 31, 1974, and ending January 1, 1978.

Honorable B. M. Pike of Spalding County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts for the term of office beginning December 31, 1974, and ending January 1, 1977.

Dr. W. F. Bozeman of Cook County as a member of the Board of Veterinary Medicine for the term of office beginning September 30, 1974, and ending September 16, 1979.
Miss Estelle Clemmons of Fulton County as a member of the Com mission on the Status of Women for the term of office beginning May 15, 1974, and serving at the pleasure of the Governor.
Dr. Faith M. Willis of Glynn County as a member of the Commission on the Status of Women for the term of office beginning May 15, 1974, and serving at the pleasure of the Governor.

Mrs. Robert S. (Genny) Griffin of Crisp County as a member of the Commission on the Status of Women for the term of office beginning May 15, 1974, and serving at the pleasure of the Governor.

Sister Mary Julian of Chatham County as a member of the Com mission on the Status of Women for the term of office beginning May 15, 1974, and serving at the pleasure of the Governor.

Mrs. Floyd (Joy) Moon of Lowndes County as a member of the Commission on the Status of Women for the term of office beginning May 15, 1974, and serving at the pleasure of the Governor.

Mrs. C. A. Garner, Sr. of Gwinnett County as a member of the Commission on the Status of Women for the term of office beginning August 19, 1974, and serving at the pleasure of the Governor.

Mrs. Norman E. White of Fulton County as a member of the Commission of the Status of Women for the term of office beginning September 26, 1974, and serving at the pleasure of the Governor.

Mrs. Johnnie L. Clark of Fulton County as a member of the Com mission on the Status of Women for the term of office beginning Sep tember 26, 1974, and serving at the pleasure of the Governor.

MONDAY, JANUARY 13, 1975

37

Dr. Gloria M. Shatto of DeKalb County as a member of the Com mission on the Status of Women for the term of office beginning Sep tember 26, 1974, and serving at the pleasure of the Governor.

Dr. Margaret Rowley of Fulton County as a member of the Com mission on the Status of Women for the term of office beginning Sep tember 26, 1974, and serving at the pleasure of the Governor.

Mrs. Carolyn Boyd Hatcher of Fulton County as a member of the Commission on the Status of Women for the term of office beginning September 26, 1974, and serving at the pleasure of the Governor.
Mrs. Marie W. Dodd of Fulton County as a member of the Com mission on the Status of Women for the term of office beginning Sep tember 26, 1974, and serving at the pleasure of the Governor.
Mrs. Alice Lewinson of Whitfield County as a member of the Com mission on the Status of Women for the term of office beginning Sep tember 26, 1974, and serving at the pleasure of the Governor.
Ms. Joe Wilkes of Glynn County as a member of the Commission on the Status of Women for the term of office beginning September 26, 1974, and serving at the pleasure of the Governor.
Ms. Mary Jane Stinson of Chatham County as a member of the Commission on the Status of Women for the term of office beginning September 26, 1974, and serving at the pleasure of the Governor.
Honorable Leon Farmer, Jr. of Clarke County as a member of the Commission on the Status of Women for the term of office beginning September 26, 1974, and serving at the pleasure of the Governor.
Honorable William B. Hardegree of Muscogee County as a member of the Commission on the Status of Women for the term of office begin ning September 26, 1974, and serving at the pleasure of the Governor.
Ms. Carol Roberts of Clarke County as a member of the Com mission on the Status of Women for the term of office beginning October 10, 1974, and serving at the pleasure of the Governor.
Honorable Homer A. Houchins, Jr. of DeKalb County as a member of the Commission on the Status of Women for the term of office beginning October 10, 1974, and serving at the pleasure of the Governor.
Dr. Paul L. Bradley of Whitfield County as a member of the Work men's Compensation Medical Board for the term of office beginning January 7, 1975, and ending March 30, 1975.

38

JOURNAL OF THE SENATE,

Dr. J. D. Christian, Jr. of Richmond County as a member of the Workmen's Compensation Medical Board for the term of office begin ning January 7, 1975, and ending March 30, 1975.

Dr. A. B. Conger of Muscogee County as a member of the Work men's Compensation Medical Board for the term of office beginning January 7, 1975, and ending March 30, 1976.

Dr. Albert M. Davis of Fulton County as a member of the Work men's Compensation Medical Board for the term of office beginning January 7, 1975, and ending March 30, 1976.

Dr. Beverly B. Sanders, Jr. of Bibb County as a member of the Workmen's Compensation Medical Board for the term of office begin ning January 7, 1975, and ending March 30, 1975.
Honorable Ernest B. Davis of Fulton County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending as provided by law.
Honorable Jasper N. Dorsey of Fulton County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending March 16, 1976.

Honorable Gene Dyson of DeKalb County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending March 16, 1976.

Honorable Ford B. Spinks of Tift County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 7, 1974.

Honorable Ford B. Spinks of Tift County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning August 26, 1974, and ending April 7, 1980.

Honorable Julius F. Bishop of Clarke County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1975.

Honorable Billy G. Fallin of Colquitt County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1978.
Honorable John T. Fleetwood, Sr. of Bartow County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1978.

MONDAY, JANUARY 13, 1975

39

Honorable Ray W. Gunnin of Gwinnett County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1978.

Honorable C. A. Knowles of Spalding County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1978.

Honorable Nick Mamalakis of Chatham County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1978.
Honorable David G. Mercer of Laurens County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1975.

Honorable Frank Neel of Thomas County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1978.
Honorable John M. Pope of Sumter County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1978.
Honorable Roger Schoerner of Carroll County as a member of the Geo. L. Smith, II Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1978.
Honorable Rupert W. Bazemore of Chatham County as a member of the State Board of Examiners of Plumbing Contractors for the term of office beginning August 27, 1974, and ending June 30, 1978.
Honorable James M. Watts of Baldwin County as the Solicitor of the County Court of Baldwin County for the term of office beginning April 19, 1974, and ending January 1, 1975.
Honorable Joseph C. Greene of Jones County as the Judge of the Small Claims Court of Jones County for the term of office beginning May 6, 1974, and ending February 1, 1975.
Mrs. Emily W. Green of Jones County as the Judge of the Small Claims Court of Jones County for the term of office beginning October 21, 1974, and ending February 1, 1975.
Honorable E. R. Smith, Jr. of Coffee County as the Judge of the State Court of Coffee County for the term of office beginning May 22, 1974, and ending January 1, 1977.

40

JOURNAL OF THE SENATE,

Honorable Curtis Farrar, Jr. of Coffee County as the Solicitor of the State Court of Coffee County for the term of office beginning May 22, 1974, and ending January 1, 1977.

Honorable E. Hodges Rowland of Johnson County as the Solicitor of the State Court of Johnson County foi the term of office beginning October 15, 1974, and ending January 1, 1977.

Dr. B. B. Okel of DeKalb County as a member of the Board of Human Resources for the term of office beginning January 13, 1975, and ending April 6, 1979.

Honorable Wallace Adams of Wheeler County as a member of the Charles H. Herty Foundation for the term of office beginning April 23, 1974, and ending February 19, 1979.

Dr. C. O. Templeton of Lowndes County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning December 31, 1974, and ending December 29, 1976.

Honorable Colan C. Taylor of Candler County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning December 31, 1974, and ending June 4, 1977.

Honorable H. C. Morrison of Chatham County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning December 31, 1974, and ending December 29, 1976.
Sincerely, /s/ Jimmy Carter

EXECUTIVE DEPARTMENT Atlanta 30334
April 5, 1974

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 440, 227, 429, 450, 480, 500, 505, 538, 562, 563, 572, 579, 587, 608, 613, 615, 634, 641, 687, 716, 117, 412 and Senate

MONDAY, JANUARY 13, 1975

41

Resolution 301 which were passed by the General Assembly of Georgia at the 1974 Regular Session.

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,
/&/ Jimmy Carter

Veto No. 50--Senate Bill 440 by Senator Bell of the 5th
Historically in this nation, governments at all levels have set criteria for its public servants, including their place of residence. To modify this governmental right as proposed in Senate Bill 440 because of transient circumstances would drastically change a fundamental legal principle which has not been abused in its application and would in this instance be an unwarranted encroachment on home rule powers of all local governments in Georgia.

This bill is an attempt to amend a general law (Ga. Laws 1973, p. 778) without distinctly describing the'law to be amended, and may, there fore, violate the provisions of Article III, Section VII, Paragraph XVI of the Constitution of the State of Georgia.

Veto No. 75--Senate Bill 227 by Senator London of the 50th
This bill would have required the Department of Community De velopment to review and approve numerous documents pertaining to activities performed and undertaken by Area Planning and Develop ment Commissions. The advantages would not justify the expense.
Veto No. 76--Senate Bill 429 by Senator Thompson of the 32nd

The regulation and punishment in connection with marijuana and other drugs was comprehensively provided for in Senate Bill 495. Separately providing for the punishment for possession of marijuana is not now needed.
Veto No. 77--Senate Bill 450 by Senator Kidd of the 25th
This bill would mandate the use of retroreflective material on bicycle tires or wheels. Optional methods, regardless of photometric specifications, would be prohibited. Bicycle tire manufacturers cannot at this time meet the needs of the industry should retroreflective tires be required on all bicycles.

42

JOURNAL OF THE SENATE,

Veto No. 78--Senate Bill 480 by Senators Gillis of the 20th, McGill of the 24th, Zipperer of the 3rd and Kennedy of the 4th

This bill would have created a Board of Admissions for the College of Veterinary Medicine. An advisory committee can be established under the Reorganization Act to provide for the proper needs of the State in this connection.

Veto No. 79--Senate Bill 500 by Senator London of the 50th
This bill would have permitted EMC Directors to set their own compensation without any limitations. The members of an EMC should be permitted to participate in the establishment of the compensation of Directors.
Veto No. 80--Senate Bill 505 by Senators Parker of the 31st and Duncan of the 30th
This bill would have created a new and separate judicial circuit for Douglas County. The present needs within Douglas County do not justify a separate judicial circuit.
Veto No. 81--Senate Bill 538 by Senators Gillis of the 20th, Kennedy of the 4th and Young of the 13th
This bill would have exempted the Forestry Commission from reg ulation by the Properties Commission in purchasing property. State needs can best be served by the Properties Commission when property is to be acquired for State purposes.
Veto No. 82--Senate Bill 562 by Senators Lester of the 23rd and Doss of the 52nd
Veto No. 83--Senate Bill 563 by Senators Lester of the 23rd and Doss of the 52nd
Senate Bills 562 and 563 would have allowed any Ordinary to commit a person directly to the mental institution at Milledgeville rather than to the nearest regional institution. This would have defeated the pur pose of regionalization and community treatment programs which have been so laboriously established.
Veto No. 84--Senate Bill 572 by Senator Lester of the 23rd
This bill was intended to give prison guards general police powers, including powers of arrest. Inadvertently the bill repeals previously granted powers to other members of the Department of Offender Re habilitation. The Board of Corrections can by regulations accomplish the intent of this bill.

MONDAY, JANUARY 13, 1975

431

Veto No. 85--Senate Bill 579 by Senator Thompson of the 32nd

This bill would have permitted the use of State funds previously limited to educational purposes by school boards for noneducational pur poses and diluted already inadequate funds.

Veto No. 86--Senate Bill 587 by Senator Carter of the 14th
This bill was intended to let the Board of Public Safety establish the rank and pay of the Commanding' Officer of the Uniform Division, but inadvertently would have reestablished the G.B.I, as a division of the Department of Public Safety rather than an autonomous agency under the Board of Public Safety.

Veto No. 87--Senate Bill 608 by Senator Hudgins of the 15th
This bill would have granted a pay increase to a few members of the Uniform Division of the Department of Public Safety for attendance in non-accredited educational programs.

Veto No. 88--Senate Bill 613 by Senator Fincher of the 54th
This bill would have prohibited qualified Registered Nurses from dispensing or prescribing any drugs and unnecessarily limited the ability of these nurses to deliver badly needed health services. Any such restrictions are unwarranted.

Veto No. 89--Senate Bill 615 by Senator Kidd of the 25th
This bill would prevent qualified aliens from holding certain State jobs. Limitations on State employment should relate solely to the qual ifications needed to perform the job.

Veto No. 90--Senate Bill 634 by Senators London of the 50th and Kidd of the 25th
This bill would have provided an additional death benefit under Workmen's Compensation to families of certain law enforcement officers and firemen, but was not funded in any way.

Veto No. 91--Senate Bill 641 by Senator Lester of the 23rd
This bill would have amended the statutory definition of "fair market value" in our tax laws. This definition which has been used since 1909 should not be changed merely to accommodate a local situation, but rather only upon a showing of statewide need.

44

JOURNAL OF THE SENATE,

Veto No. 92--Senate Bill 687 by Senator Johnson of the 38th

This bill would have created as State agencies the Community Action Agencies with no defined functions and responsibilities. Legit imate needs provided by these Agencies can be met by contracts with existing State agencies.

Veto No. 93--Senate Bill 716 by Senators Young of the 13th, Zipperer of the 3rd, Moore of the 56th and others
This bill would have increased the number of days for which mem bers of the Board of Regents could claim a per diem. Thirty days pay per year is considered to be adequate.

Veto No. 94--Senate Bill 117 by Senators London of the 50th and Kidd of the 25th
This bill provides for increased retirement benefits to District At torneys Emeritus from $6,000 to $14,000 per year, contingent on payment of 5% of their former salary. The fund from which these monies are to be paid is not actuarily sound and the increased benefits are not ade quately funded. The benefits exceed those available for District At torneys who retire under the Trial Judges and Solicitors Retirement System. Members of this System must pay 10% of their salary and after 20 years' service would draw $10,200 per year at age 65.

Veto No. 95--Senate Bill 412 by Senator Stephens of the 36th
This bill would have provided by law for a name for the Fulton County Airport. Local governments can adopt regulations and ordinances that pertain to their property, and local bills which do the same thing are in violation of the Constitutional provisions for County Home Rule.

Veto No. 102--Senate Resolution 301 by Senators Coggin of the 35th and Rowan of the 8th
This Resolution urges Congress to repeal the law creating the Pro fessional Standard Review Organizations. Repeal of this Act would eliminate all controls on the costs of needed medical services.
Dr. James A. Kaufman was introduced as Doctor of the Day.

MONDAY, JANUARY 13, 1975

45

The following communication was read by the Secretary:

January 13, 1975

Honorahle Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia
Dear Hamilton:
This is to certify that the Democratic Caucus of the Georgia State Senate met on the 18th day of November, 1974, and at that time elected John R. Riley, Senator from the first district, the Majority Party Leader for the 1975-1976 term.
Sincerely, /s/ Render Hill
Senator, 29th District Chairman, Senate Democratic Caucus
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolutions of the House, to-wit:

HR 1. By Messrs. Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A resolution to notify the Senate that the House has convened.

HR 2. By Messrs. Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A resolution to notify the Governor that the General Assembly has convened.

The Speaker appointed as a committee of escort on the part of the House the following members thereof:
Messrs. Jackson of the 9th, Toles of the 16th, Brown of the 34th, McKinney of the 35th, Richardson of the 52nd, Wall of the 61st and Phillips of the 91st.

46

JOURNAL OP THE SENATE,

The following resolution of the House was read and adopted:

HE 2. By Messrs. Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th 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 Broun of the 46th, Carter of the 14th, Doss of the 52nd, Eldridge of the 7th, Langford of the 51st,-Sutton of the 9th and Tate of the 38th.

Senator Riley of the 1st 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.

TUESDAY, JANUARY 14, 1975

47

Senate Chamber, Atlanta, Georgia Tuesday, January 14, 1975

The Senate met pursuant to adjournment at 9:30 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 bills of the Senate were introduced, read the first time and referred to committees:

SB 1. By Senator McGill of the 24th:
A bill to amend Code Chapter 68-1, relating to licenses, registration and operation of motor vehicles, as amended, so as to add a new Code Section 68-101.2 defining the term "motorized bicycle"; to amend Code Section 68-201, relating to registration and license of motor vehicles and chauffeurs, as amended, so as to exempt motorized bicycles from registration and licensing under certain circumstances.
Referred to Committee on Transportation.

SB 2. By Senator McGill of the 24th:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to exempt certain motorized bicycles from motor vehicle equipment and inspection requirements; to provide an effective date. Referred to Committee on Transportation.
SB 3. By Senator McGill of the 24th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to exclude vehicles ten or more years old from the operation of the Act. Referred to Committee on Transportation.
SB 4. By Senator McGill of the 24th:
A bill to amend Code Section 79A-820, relating to prescriptions for controlled substances, as amended, so as to prohibit the filling or dis pensing of a written prescription when the prescription is written upon a paper or form which contains or upon which is found the name, trade name or symbol of any pharmacists or pharmacy. Referred to Committee on Human Resources.

48

JOURNAL OF THE SENATE,

SB 5. By Senators Fincher of the 54th, Langford of the 51st and McDowell of the 2nd:
A bill to amend Code Section 26-1704, relating to bad checks, so as to make unlawful the making, drawing, issuance, utterance or delivery of checks, drafts, or orders under certain circumstances; to provide for prima facie evidence of such unlawful act; to define the term "notice"; to provide for dispensing with notice to the drawer or maker of such instrument under certain conditions.
Referred to Committee on Judiciary.

SB 6. By Senators Thompson of the 32nd, Carter of the 14th and Starr of the 44th:
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 Education.

The following standing committee report was read by the Secretary:

Senator Eldridge of the 7th 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 recommendations:
SR 3. Do pass as amended.
Respectfully submitted, Eldridge of 7th District, Chairman.

The following special report from the Rules Committee was read by Senator Eldridge of the 7th, Chairman of the Rules Committee:
REPORT OF THE SENATE RULES COMMITTEE RELATIVE TO THE SEATING OF THE MEMBER OF THE SENATE FROM SENATE DISTRICT 43
Mr. President:
Your Committee on Rules conducted a hearing on January 13, 1975, in the Senate Chamber in the matter of a contest filed by Honorable James R. Alexander, relative to the seating of Honorable George T. Warren, II as a Member of the Senate from Senate District 43. Both

TUESDAY, JANUARY 14, 1975

49

Mr. Alexander and Mr. Warren were represented by Counsel and arguments were presented to the Committee by Counsel for both parties.
After hearing from Counsel for both parties, a motion was made that your Committee recommend to the full Senate that Mr. Warren should be seated. Therefore, this Committee recommends that Honorable George T. Warren, II, be declared the duly elected Senator from Senate District 43 and that he be seated as the Member of the Senate from said District.
Respectfully submitted,
/s/ Prank Eldridge, Jr. Chairman, Senate Rules Committee

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

SR 5. By Senator Eldridge of the 7th:
Relative to the Member of the Senate from Senate District 43; and for other purposes.
WHEREAS, the Senate Rules Committee has conducted a hearing on the contest filed by Honorable James R. Alexander, relative to the seating of Honorable George T. Warren, II as a Member of the Senate from Senate District 43; and
WHEREAS, said Committee has submitted a report in which it re commends that Mr. Warren be seated as the Senator from said District.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the report of the Senate Rules Committee, relative to the Member of the Senate from Senate District 43, be adopted and the recommenda tions contained therein be followed.
BE IT FURTHER RESOLVED that Honorable George T. Warren, II, is hereby declared to be the duly elected Senator from Senate Dis trict 43 and he shall be seated as a Member of the Senate from said District.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution and a copy of the aforesaid report to the Governor, the Secretary of State, Honor able George T. Warren, II, and Honorable James R. Alexander.

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:

Banks Barker Barnes

Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th

50

JOURNAL OF THE SENATE,

Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway

Hudgins Hudson Kennedy Kidd Langford McDowell McGill Overby Pearce Reynolds Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Tysinger Young

Those not voting were Senators:

Ballard Bell Bond Howard

Lester Lewis McDuffie

Tate Turner Warren

On the adoption of the resolution, the yeas were 46, nays 0.

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

Senator Bond of the 39th filed the following statement with the Secretary of the Senate:
Mr. President:
I opposed the position taken by the Senate on SR 5 because of my belief that neither candidate should have been seated; rather, a new election should have been held, and the people of the affected dis trict allowed to make a clear choice.

Senator-elect Warren presented himself at the rostrum, where he received the oath of office administered by the Honorable Julian Webb, Judge, Court of Appeals.

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

Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill

Holley Holloway Hudgins Hudson Kennedy Kidd Langford McDowell McGill

TUESDAY, JANUARY 14, 1975

51

Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens

Stumbaugh Summers Sutton Thompson Timmons Traylor Tysinger Warren Young

Those not answering were Senators:

Ballard Bond Howard

Lester Lewis McDuffie

Tate Turner

Senator Garrard of the 37th introduced as chaplain, The Reverend Robert Ozment, pastor, First United Methodist Church of Atlanta, 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 adopted the following resolution of the House, to-wit:

HR 5. By Mr. Murphy of the 18th and others:
A resolution calling a Joint Session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor.

The following resolution of the House was read and adopted:

HR 5. By Mr. Murphy of the 18th and others:
A resolution calling a Joint Session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor.

The following resolution of the Senate was read and adopted:

SR 6. By Senators Holloway of the 12th, Eldridge of the 7th, Reynolds of the 48th and others:
A resolution presenting Honorable Lester G. Maddox with the Holy Bible and gavel used by him as President of the Senate.

52

JOURNAL OF THE SENATE,

Senator Riley of the 1st moved that the Senate stand adjourned after the Joint Session until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The hour for convening the Joint Session under the provisions of HR 5 having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Civic Center in Atlanta, where the Joint Session, called for the purpose of inaugurating Governor-Elect George Busbee and Lieutenant Gov ernor-Elect Zell Miller, was called to order by the Honorable Lester Maddox, Lieutenant Governor and President of the Senate.

The inaugural program was as follows:
INAUGURAL PROGRAM
January 14, 1975--The Civic Center--Atlanta, Georgia 11:30 A.M.
Band Selections .........._..The Combined Georgia National Guard Bands Joint Session --------------.__--__.----. called to order by Honorable Lester
Maddox, Lieutenant Governor Invocation ,,----,,----------------._ Reverend Curtis Burge The National Anthem ------------.---------------.National Guard Band Recognition ........__..___.of State House Officers and Distinguished Guests Song: Battle Hymn of the Republic __..___.___.__.____._.__.._.Miss Sheri Holliday Presentation _--_--__----------------------..----of Honorable Jimmy Carter Delivery of Great Seal of Georgia to Governor
Honorable Ben W. Fortson, Jr., Secretary of State 12:00 Noon
Chimes ._..--.------------------------------..--------Dr. John S. Austin, Jr. Administration of Oath of Office to Governor Elect
Chief Justice H. E. Nichols Delivery of Great Seal of Georgia to Secretary of
State --------------------------------------Governor George D. Busbee Inaugural Address ....----------__----..------ Governor George D. Busbee Administration of Oath of Office to Lieutenant
Governor ............----------------------_____________ Judge Charles Pannell Address ----------.--.---.--.-.......-......-.-...-...-Lieutenant Governor Zell Miller Benediction ------------------------------.------------ Reverend John Kay Dissolution of Joint Session ----------Lieutenant Governor Zell Miller

After taking the oath of office from the Honorable H. E. Nichols, Chief Justice, Supreme Court of Georgia, Governor George Busbee delivered the follow ing address:
The oath to which I have subscribed today confers a high honor and entrusts a high responsibility. I accept the honor with humility and gratitude. I pledge to you my every waking hour in fulfilling the re sponsibility.

TUESDAY, JANUARY 14, 1975

53

Seventy-six Georgians before me have served in this office. Many have united the state in purpose and vision and have written solid chapters of achievement in our state's history. Some have floundered on the reef of political strife.
Some were inaugurated in periods of peace and prosperity. Others began their administrations under the clouds of global war, civil war, and economic depression.
We commence our administration today in an hour of some uncer tainty about where we stand in history as a state and nation.
Events of this decade have chipped away at the pride and confi dence which have been our heritage as Americans. Our national economy has lost its vitality. Too many citizens have lost their economic security.
Too many have lost confidence in the practical ability of government to serve the public interest. Too many have lost confidence in the com mitment of those in public office to serve the public interest.
I do not take the reins of state government today with any illusions of quick and easy answers to the problems which confront us.
But I do bring to this office a strong faith in the principles which have guided us in the past--the principles of unity, high performance in public affairs, excellence in public service; the principles of forthrightness and openness in government and the enduring principle of fairness.
Policies change. These principles must not. They must mark the way for government in 1976 just as they have since 1776, and in our adminis tration they will be applied to the practical realities of the present.

First, if we are to spend our energies and resources on the things that matter most to the people of Georgia we must work hard and above all we must work together.

Responsible and healthy debate over issues is a hallmark of our system, but the people are tired of personal bickering, petty in-fighting and political clatter.

That kind of gamesmanship has no place in the serious times in which we find ourselves today and I ask that we put it aside for the next four years.

We are no longer a provincial state with conflicting rural and urban interests. Each part of Georgia must now accept the other, take pride in its achievements and understand its special problems.

Any effort to pit one section of the state against another, or in any way to seek political profit from the problems of any section or city or county, will do injury to all of Georgia.

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We must resolve to serve with equal devotion the aspirations of Atlanta and Alma, the hopes of Cobb County and Clinch County. In this administration we will not sow the seeds of division, but rather we will harvest the fruits of unity.

The second principle of policy in our administration will be that of high performance in the delivery of services to the people.

It is the state government which determines on a day-to-day basis how well our children read, what kind of roads we ride on, the quality of our natural environment, the fairness of our taxes and how we care for the mentally ill. These are practical considerations.

If we are to deal with them responsibly those of us in public office must understand that we are not elected to be political philosophers or entertainers.

Rather, we are elected to operate the machinery of government as efficiently and effectively as possible and to provide the services the people have a right to expect for their tax dollars.

Too often government at all levels has over-promised, over-sold, and under-delivered. This has taken a heavy toll in the confidence of the people in their government.

We must bridge the gap between the promise and the practical performance of government. When the bureaucratic custom interferes with the orderly delivery of services, the custom must be changed.

The emphasis in our administration on the practical performance of government does not mean there will be an absence of vision.

As I read the history of this nation, the real visionaries in govern ment have been men of practical deeds who were also of high purpose.

In this administration we will work hard. The machinery of government is going to operate well. The people will be served.

The building of a state is never finished. We stand on the shoulders of those who have gone before us, and we build not just for today but for the future.

The programs we develop, the actions we take, the policies we adopt will have a ripple effect long after our administration has written its record in the pages of Georgia history.

My highest aspiration is to have it written in the history books of this state that our administration was concerned with the quality of life in Georgia and enriched it; that we were committed not just to education but to excellence in education; not just to economic develop ment but to orderly, planned economic development; not just to efficiency in government but to decency, fairness and vision in government.

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There are no short cuts to our aspirations as a state. The quality of Georgia life will be measured by the quality of Georgia government.

Our commitment to a better life must start with a commitment to excellence in education. Every child in Georgia must have the opportunity for the fullest development of his mind and skills no matter how poor his family, how great his handicap or where he lives. We can make a major movement forward in education in this administration and we must.

There can be no real hope for improving the quality of life in Georgia without a strong and healthy economy.

We begin our administration in the valley of a recession.

Most of the tools to reverse the downward drift of our economy are vested in Washington, but we will make a major effort to supply a new spirit and a flow of new jobs and dollars to economic development throughout the state.

Our program of economic development will be planned and orderly, and we must not lose sight of the fact that our state's most valuable resource is its natural environment. Our policy will be to protect it, preserve it and enrich it.

In many of our programs, if we are to make progress in its highest and truest form we will have to change old patterns.

In education we must measure our progress, not by saying "how much" but by asking, "how good?"

In economic development, we will ask not simply "how fast are we growing," but we will ask, "which way are we headed?"

I pledge a progressive administration, but there will be no frills.

I will recommend a program of action to serve the most urgent needs of the state without a tax increase and without shifting to future generations the cost of government services we use today.

Financial realities will limit the scale of some of the new programs I will propose.
Some will be only the first steps down a long road, but they are steps that must be taken in this administration if we are to keep our commitment to the future of Georgia.
Finally, I pledge an administration which is open, forthright, fair and inclusive of all Georgians.
In the conduct of the people's business I will not sugarcoat the facts nor shield the public's business from the public view. If we do not stand

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for openness in government we cannot hope to earn the trust and con fidence of the people.

Our administration can stand for nothing less than full legal, social and economic justice for every Georgian.

The political processes which led to this inauguration proclaim that Georgia has met the challenge of political maturity. The politics of race has gone with the wind.

Georgia is better for it. It will be better still when the fading stains of prejudice and fear are washed forever from the rich, full fabric of a great Georgia by the mutual trust and confidence of the people.

In summary, I will try to provide an administration which will let every Georgian have faith in his state government--not that it solves every problem but that it is fair.

We will try to do this with an administration of hard work, plain talk and common sense.

Eighteen years ago the people of Dougherty County sent me here to Atlanta to represent them in the legislative process, and in doing so they let me sense the thrill, the excitement, the duty and the honor of public service.

I like to think that my basic ideals and beliefs have not changed from those of the freshmen representatives of 18 years ago.

Through those years I have often noticed a church a few blocks from the Capitol which was organized in 1867 and rebuilt in 1908. Its cornerstone bears the simple inscription: "For the good of man and the glory of God."

I would like to think of these words as the cornerstone of my administration.

I promise you that my programs will be designed to benefit the many, not the elite or a privileged few.

The programs of our administration will be solid and unselfish and designed to meet not only our needs but the needs of future generations of Georgians.
Finally, it is my prayerful pledge that the programs of my adminis tration will please a Higher Power.
I have never believed anything real or lasting could be accomplished otherwise.
Let us dedicate our administration, our efforts, our vision and our hopes to "the good of man and the glory of God."

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57

After being sworn in as Lieutenant Governor by Judge Charles Pannell, Lieutenant Governor Zell Miller delivered the following address:

The great British statesman, Edmund Burke, once said, "We sit upon a conspicuous stage and all the world marks our demeanor". His torically, the comparison may be a little farfetched, but truly we do sit today upon a "conspicuous stage" and certainly millions within and without the borders of this State will mark "our demeanor".

I have confidence in what the future holds for this administration and for the people of Georgia. This administration begins, not with selfserving motivations or partisan goals but, instead, as the recipients of a public trust. Our voters spoke overwhelmingly as to their choices for statewide leadership.

I believe that we are prepared for what lies ahead. But, however prepared we may be, there should be no mistake about the problems which face us.

I do not need to tell you of our problems. Your children attend our inadequate schools. You pay the cost of inflation and feel the squeeze of an inadequate tax structure. You are threatened by the rising crime rate. You feel the racial prejudice that is still too prevalent. You know those many who distrust all political leadership.

If we are to solve our problems--and solve them we must--we have to look first to our governmental institutions . . . for politics and govern ment are the instruments through which we achieve our shared purposes. That is why, in my opinion, our greatest task is to restore confidence in our government . . . and with it hopefully restore faith in ourselves.

One of the most moving lines in the Declaration of Independence appears at the very end of that document. In support of the Declaration, the signers vowed, "We mutually pledge to each other our lives, our fortunes, and our sacred honor".

Down through the years, many Americans have followed them in that pledge. We have had our share of rascals and cynics in American history, but we have also had our share of those who gave their lives to make this nation a model for all mankind. They believed the words of the Declaration. They not only pledged but gave their lives, their fortunes and their sacred honor.

We have always been proud of the opening words of the Preamble of the Constitution, "We, the people of the United States". Yet, clearly, most of our citizens--I say "most" because over half of our voters-- have not cared enough in every election over the past twenty-five years to even vote. And many of those who do, leave the voting booth, pat themselves on the back for doing their duty and then go home and forget the whole thing.

Critics of this free society charge that the system has failed us. My friends, the evidence is that we have failed the system.

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As I campaigned throughout this State, from Young Harris to St. Marys, non-stop from Underground Atlanta at Midnight, New Years Eve, 1973, to meeting shifts at Atlantic Steel at 6:00 A.M. on election day, November 5, 1974, I made certain commitments to my fellow Geor gians. I am convinced that it was on the basis of these promises that I was elected by the percentage of votes I received.
Yes, I have, promises to keep, and the first is to approach the prob lems this State faces in a spirit of harmony with the Chief Executive, working not only with him but for him when requested . . . bearing in mind that no two men will always agree on every issue, but also fully understanding that the problems of this time are so many and so complex that teamwork is not only needed but is absolutely necessary. I will keep that promise!
Yes, I have promises to keep, and one is to improve the operations of the Georgia Senate and to preside over this legislative body with fairness, with dignity . . . and with openness! The veil of secrecy must be re moved from all legislative deliberations concerning public policy, because you cannot limit the right to know without limiting democracy itself. I will keep that promise!
Yes, I have promises to keep, and one is to spend a day each week on a high school or college campus talking and listening to our young people who are struggling with themselves, searching for better answers than they now have. I look forward to helping answer these young per sons who haven't lost their passion for justice or their capacity for love. I will keep that promise!

Yes, I have promises to keep, and one is to make every effort to reduce the influence money has on our political process by strengthening the disclosure act authored last year by our new Governor, by placing a reasonable limit on what a candidate can spend to run for statewide office and by opening up--but not necessarily limiting--the activities of professional lobbyists. I will keep that promise!

Yes, I have promises to keep, and one is to play a significant role in meeting the justifiably urgent needs of our Black citizens, a task that I say to you cannot be accomplished by pious lip service but positive action which will require the best in all of us. I will keep that promise!

Yes, I have promises to keep, and one is to tell the people not merely what they want to hear, but what they need to know ... to help them overcome their fears and frustrations, not cater to them. I will keep that

Again, I say that I am optimistic about the next four years. I do not shrink from the challenges that lie ahead ... I welcome them.
Someone has said that there is no such thing as an incurable disease. There are only diseases for which no cure has been found. I say to you that there are no problems that cannot be solved in this

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Nation and in this State. There are only problems for which we have yet to find a solution.

During the next four years, we will be searching for those solutions . . . and we will need your help . . . the help of those who have been, or still may be, unconcerned or distrustful . . . and we will need the help of Almighty God.

Senator Riley of the 1st moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

Pursuant to a previous provision, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, January 15, 1975

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

Senator Young of the 13th reported that the journal of yesterday's 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 bills and resolution of the Senate were introduced, read the first time and referred to committees:

SB 7. By Senator Starr of the 44th:
A bill to amend Code Section 59-120, relating to the compensation of court bailiffs and payment of expense allowance to jurors, as amended, so as to change the maximum compensation of bailiffs; to provide an effective date. Referred to Committee on Judiciary.
SB 8. By Senators Starr of the 44th and Carter of the 14th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change the provisions relative to the age of children for beginning school. Referred to Committee on Education.
SB 9. 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 the attachment of fiscal notes to the enrolled copy of such bills; to provide an effective date. Referred to Committee on Retirement.
SB 10. By Senator Coverdell of the 40th:
A bill to provide that ad valorem, excise and other taxes, fees, service charges and assessments due to counties of this State having a popula tion of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or to those municipalities lying wholly or partially within such a county having a population of 400,000 or more according to the United States Decennial Census of 1970. Referred to Committee on Banking, Finance and Insurance.

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SB 11. By Senators Reynolds of the 48th and Brown of the 47th:
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. Referred to Committee on Judiciary.

SB 12. By Senators Ballard of the 45th and Stephens of the 36th:
A bill to amend an Act known as the "Unemployment Compensation Law", as amended, (now Employment Security Law), so as to increase maximum weekly amounts; to provide for effective dates. Referred to Committee on Industry, Labor and Tourism.

SB 13. By Senator Coverdell of the 40th:
A bill to amend Code Chapter 34-10 of the "Georgia Election Code", relating to the nomination of candidates, as amended, so as to prohibit any person from qualifying with any political party as a candidate for nomination to any public office when such person has previously quali fied, during the same calendar year, with another political party as a candidate for nomination by that party for any public office.
Referred to Committee on Judiciary.

SB 14. By Senator Coverdell of the 40th:
A bill to provide for the orderly development and balanced use of Natural Resources of this State, and to provide for broad participation in deci sions regarding such development and use; to provide a short title; to provide a declaration of policy; to provide definitions; to designate certain geographic areas as Designated Natural Resources Areas. Referred to Committee on Natural Resources and Environmental Quality.
SB 15. By Senators Traylor of the 3rd, Banks of the 17th, Kidd of the 25th and others:
A bill relating to the development of small businesses; declaring the legislative intent to encourage State purchases from small businesses; requiring the Department of Community Development to assist small businesses and to otherwise coordinate activities relating thereto; provid ing that a meaningful percentage of State purchases and contracts be procured from small businesses. Referred to Committee on Industry, Labor and Tourism.

SB 16. By Senators Starr of the 44th, Langford of the 51st, Riley of the 1st and others:
A bill to amend an Act creating the Department of Public Safety, so as to provide for a Uniform Division of the Department of Public Safety; to provide that members of the Uniform Division, license examiners,

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communications officers and recruits shall, with certain exceptions, be subject to the rules and regulations of the State Merit System of Per sonnel Administration; to provide for an effective date.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 17. By Senator Lewis of the 21st:
A bill to amend Code Section 26-2501, relating to escape, as amended, so as to redefine escape from lawful custody; 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 Depart ment of Offender Rehabilitation of costs and expenses in certain escape cases and trials.
Referred to Committee on Judiciary.

SB 18. By Senator Lewis of the 21st:
A bill to provide for the imposition of the death penalty in cases involv ing murder; to amend Code Section 26-1101, relating to murder; to amend Code Section 26-3102, relating to capital offenses and jury ver dicts and sentences, as amended; to amend Code Chapter 27-25, relating to sentences and executions, as amended.
Referred to Committee on Judiciary.

SR 4. By Senators Reynolds of the 48th, Riley of the 1st and Broun of the 46th:
A resolution proposing an amendment to the Constitution, so as to change certain provisions relating to sessions and procedures of the General Assembly; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Rules.

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

Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis

McDowell McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate

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Thompson Timmons Traylor

Turner Tysinger

Warren Young

Those not answering were Senators:

Ballard Bond

Dean of 6th

McDuffie

Senator Fincher of the 54th introduced Dr. Earl Davis, pastor, First Baptist Church, Dalton, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 9. By Senators Holloway of the 12th, Holley of the 22nd, Gillis of the 20th and others:
A resolution expressing sympathy at the passing of Dr. John Horace (Jack) Henderson, Jr.

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

HR 16. By Mr. Murphy of the 18th and others:
A resolution calling a joint session of the House of Representatives and the 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. Hatcher of the 131st, Hutchinson of the 133rd, White of the 132nd, McCollum of the 134th, Colwell of the 4th, Lambert of the 112th and Carlisle of the 71st.

HR 17. By Mr. Murphy of the 18th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.

The Spe.aker appointed as a Committee of Escort on the part of the House the following members thereof:
Messrs. Rush of the 121st, Wheeler of the 152nd, Gammage of the 17th, Leonard of the 3rd, McKinney of the 35th, Sweat of the 150th and Burruss of the 21st.

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The following resolutions of the Senate and House were read and adopted:

HR 16. By Mr. Murphy of the 18th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.

The President appointed as an Escort Committee on the part of the Senate the following:
Senators Holloway of the 12th, Riley of the 1st, Bond of the 39th, Doss of the 52nd, Starr of the 44th, Howard of the 42nd and Langford of the 51st.

HR 17. By Mr. Murphy of the 18th 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 an Escort Committee on the part of the Senate the following:
Senators Garrard of the 37th, Coverdell of the 40th, Tate of the 38th, Lester of the 23rd, Gillis of the 20th, Broun of the 46th and Fincher of the 54th.

SR 10. By Senators Lewis of the 21st and McGill of the 24th: A resolution commending Mr. Alva L. Haywood.

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

SR 3. By Senators Eldridge of the 7th, Riley of the 1st and Holloway of the 12th:
A resolution relative to officials, employees and committees of the Senate.

The Committee on Rules offered the following amendment:
Amend SR 3 by striking on Page 2, line 26, the figure "$3.00" and inserting in lieu thereof the figure "$5.00".

On the adoption of the amendment, the yeas were 0, nays 38, and the committee amendment was lost.

The Committee on Rules offered the following amendment:
Amend SR 3 by striking on Page 1, line 15, the word "Four" and inserting in lieu thereof the word "Seven".

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On the adoption of the amendment, the yeas were 48, nays 0, and the com mittee amendment was adopted.

Senator Eldridge of the 7th offered the following amendment:
Amend SE 3 by (1) striking in Part I. the first paragraph of numbered paragraph 2. and inserting in lieu thereof the following:
"The Standing Committee on Rules is authorized to appoint and employ personnel and fix the compensation therefor as follows:"
(2) by striking in Part II., numbered paragraph 2. in its entirety and inserting in lieu thereof a new numbered paragraph 2. to read as follows:
"2. The Committee on Rules shall be authorized to remain at the State Capitol during such period of time and such Committee is authorized to retain such of the foregoing officials and personnel appointed and employed by the Committee on Rules during the session. Such personnel shall be compensated in an amount not to exceed the amount provided in Part I of this resolution."
(3) by striking in Part III, the last sentence of numbered para graph 1. and inserting in lieu thereof a new last sentence to read as follows:
"During the interim, the Committee on Rules is authorized to employ personnel, each of whom shall be compensated in an amount not to exceed $30 per diem."
(4) by striking in Part III, numbered paragraph 5. in its entirety and inserting in lieu thereof new numbered paragraphs 5., 6., and 7. to read as follows:
"5. The President is authorized to appoint committees from the members of the Senate to serve as interim legislative committees for the purpose of performing such duties as the President shall deem necessary. Such committees are authorized to serve during the interim as authorized by the President of the Senate. The members of such committees shall receive the expense, mileage and travel allowances authorized by law for legislative members of interim legislative committees. The President shall designate the chairman of any such committee and shall prescribe the time for which any such committee is authorized to function. The President is authorized to extend the time allowed any committee whether the committee is created by resolution or by appointment or by authorization by the President.
6. The chairman of any standing committee is empowered to authorize his committee or any standing subcommittee of his com mittee to function during the interim for the purpose of performing such duties as the chairman shall deem necessary. The members

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shall receive the expense, mileage and travel allowances authorized by law for legislative members of interim legislative committees.

7. Each member of the Senate is hereby designated as a com mittee of one for the purpose of carrying out legislative duties only within the State of Georgia. For each such day of service, each member shall receive the expense, mileage and travel allowances authorized by law for legislative members of interim legislative committees, but shall not receive the same for more than twenty days each year."

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

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

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cbverdell Dean of 31st Doss Eldridge Foster Garrard Gillis Hamilton of 26th

Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Ballard Dean of 6th

Duncan Fincher

Hamilton of 34th McDuffie

On the adoption of the resolution, the yeas were 50, nays 0.

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

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The following resolution of the Senate was read and adopted:

SR 13. By Senators Bond of the 39th and Tate of the 38th:
A resolution honoring the memory of the Reverend Martin Luther King, Jr.

The President made the following address to the Senate:
"I am glad to have the ceremonial part of being elected Lieutenant Governor behind me and, like you, I am ready to get down to work doing the things that we were sent here to do for our fellow Georgians.
I do want to take this opportunity to commend this Senate on its recent actions. You are a mature group of individuals, sensitive to the mood of your fellow Georgians. I have received some praise--and some cussing--from various sources the past few days about the positions we have taken.
I want you to know that the praise should go to you. You are the ones who streamlined the committee system at your own expense, and you are the ones who voted unanimously to open all of our deliberations.
I just wanted you to know that I am very proud of you, and I con sider it an honor to serve with you."
Senator Riley of the 1st moved that the Senate recess at 10:55 o'clock A.M. until 12:00 o'clock Noon, the hour for the Joint Session of the Senate and House called for the purpose of hearing the State of the State message by His Excel lency, Governor George Busbee, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the State of the State message by His Excellency, Governor George Busbee, was called to order by the President of the Senate. HR 16 authoriz ing 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:
For the past 18 years I have sat in this chamber and listened to five distinguished governors discuss the State of our great State.
Today, as I make my first report as your governor, the perspective is a lot different. I feel deeply the responsibilities that I have inherited, and I am beginning to appreciate more fully the leadership role required from the office with which I have been entrusted.

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I pledge my complete devotion and commitment to serving every Georgian and ensuring that every action we take during the next four years is the best action possible for all our people.

During my 18 years as your colleague in the Legislature, we made many improvements, in which we can take justifiable pride, in the ser vices provided by our state government.
Each governor has taken a different approach, charted a different course, pursued different ambitions. But all of them had one common goal--providing the best services possible for the fewest tax dollars.
Needless to say, that is my goal as well. And I have some different ideas on how it can be done. In the next four years I hope to provide the leadership and work hand-in-hand with the General Assembly and state department heads in forming a partnership that will truly put meaning behind that goal.
We are looking toward four years of harmony and cooperation-- not four years of dissension and working for opposite goals just for the sake of opposition. We are now mid-way of the 1970's. While the decade of the 1960's was a decade of steady growth Unhampered by severe inflation, the decade of the 1970's has been a turbulent period beset with continuing economic crises, the most prolonged period of inflation and possibly the worst recession since depression days of the 1930's.
Yet, I can report to you that the state of our State is sound. It is true that unemployment is higher than in many decades. Yet employ. ment is higher, too.
It is true that our current growth of about 7.5 per cent this year in state revenue is being provided totally by inflation. Yet our economists say that within six months we will be on the road to recovery and that we are now in the midst of the worst to be expected, barring an inter national catastrophe.
We all know that our State has many unmet needs. Yet we have new funds totaling $380 million to meet these needs without endanger ing the future security of our economic status or risking a tax increase.
On Friday, I will spell out in my budget message how this is possible. Today, I want to discuss the thrust of a "4-B" program my administra tion will pursue over the next four years to improve the quality of life for Georgians.
These "4-B's" will:
--Build quality into our education program;
--Boost the state's economy;
--Battle crime and provide increased protection for our citizens on a wide variety of fronts;
--Balance a budget that will meet our most pressing and urgent needs without building in a tax increase.

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The Number One priority of my administration is education. Until this year, the State has emphasized a minimum level of education. This fact, combined with tremendous population growths in the forties, fifties and sixties, has not provided us with high educational attainment by our students, despite dramatic increases in appropriations.
Georgia ranks among the national leaders in the rate of school dropouts. We are 47th in illiteracy. More than 67 per cent of our students in 1974 scored below the national average in reading and math achieve ment.
This is not a proud record.
The 1974 General Assembly moved to correct our educational prob lems with passage of the Adequate Program for Education in Georgia Act, commonly called APEG, providing for an adequate rather than a minimum program for education.
It would be an impossible task to fund an adequate program for education in the next few years--without new taxes--except for one changing factor.
In the past, we have had a phenomenal growth in school attendance. We have been pouring huge additional sums in our schools just to meet increases in enrollment, and without much improvement in quality of education.

We are now in the fortuitous position of experiencing a decline in enrollment. This downturn in average daily attendance will continue with approximately 10,000 fewer students each year. This will result in more vacant, but available, classrooms and teachers.

We can now put a larger share of our money into educational improvement rather than just attempting to keep pace with growth. No longer need we finance a 10 per cent failure rate in the first grade-- a dropout rate of 26,000 students per year.

No longer should we have children in the fourth and eighth grades who cannot read or write.

No longer need our children be denied a quality education and be relegated to the bottom of the stack when compared with children from other parts of the nation.

We can--and we must--begin implementing a kindergarten pro gram this year. We must provide for remedial help in the elementary grades. We must reduce the pupil-teacher ratio.

By financing first things first--items of the highest priority--we can move forward without any additional state taxes during the next four years.

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We no longer can afford to short-change Georgia children when it comes to a quality education.

Second only to educational advancement in my program for the coming four years is an aggressive economic development program for Georgia. To me, economic development means providing new jobs for Georgians--not just seeking new industry.

Statistics indicate that Georgia and the South will continue to grow in the future at a faster pace than the national average. We will direct this growth to every area of Georgia with initial emphasis on our rural areas, where many are being forced to abandon their homes and pre ferred lifestyles for welfare or a transfer to an unfamiliar and alien existence in larger cities.

Rural Georgia has mostly been bypassed by growth in recent decades. This situation has prompted a serious twofold problem--a manpower and financial drain on our rural areas and a growth rate faster than our urban areas have been able to accommodate.

Georgia needs, and I will develop, a growth policy that will direct growth where it can be sustained. Prom Lookout Mountain to St. Marys, our towns, cities and rural areas are crying for economic expansion.

Vocational education is the backbone of any effort to expand eco nomic development. Georgia is now doing an outstanding job of pre paring our young men and women in specialized skills. We must continue to improve these capabilities.

Project Quick Start, in which we provide training for prospective employees to meet industry's needs within a short time span, must be expanded.

We must provide greater job education opportunities by teaching our citizens how to secure a job, how to hold that job and how to per form once employed. This knowledge can be instilled through programs of vocational training, vocational rehabilitation, career education and job placement counseling.
If we increase opportunities by upgrading--and utilizing--the full range of economic development tools at our disposal, the benefits will have a domino effect through our entire society.
Adequate ground and water transportation facilities are basic to the economic development program I envision.
A modern highway system is essential, because industry locates where adequate roads are available for moving goods.
We have not completed a single major Interstate highway in Geor gia. While some of our Interstates are scheduled for completion during this administration, we cannot afford to wait until the 1980's to finish Interstate Highways 16 and 185.

WEDNESDAY, JANUARY 15, 1975

71

Therefore, I am asking you to approve a major bond program through general funds to provide for early completion of the Interstate system. The principal will be repaid from the Federal Highway Trust Fund.

These vital Interstates will allow the shipment of goods from our major port in Savannah and will provide the first Interstate link with Columbus.

Ports are among the most vital assets any state can boast in promot ing economic development. While Georgia has some of the most accessible ports facilities on the Atlantic or Gulf coasts, we have done little in recent years to expand and improve our competitive position with Charleston, Jacksonville and Mobile.

Recognizing this need, I will seek major improvements in our port facilities at Savannah, and the building of a general cargo berth at Colonels Island near Brunswick.

We must also continue our emphasis on attracting international investment in Georgia and building international trade opportunities for Georgia products.
World trade is increasingly important to Georgia and should be promoted vigorously. We have witnessed the impact of Japanese and West German investments in Georgia, and we all recognize the jobcreating benefits of foreign-based industry now located in Georgia.
In short, I intend to use the full resources and import of the Gover nor's office in the economic development of this State.
But while seeking to bolster this State's economy to weather what ever economic pitfalls may lie ahead for the nation as a whole, I wish to assure you that I intend to guard against any deterioration of our precious environment. Industry depends on a labor pool like you and me, and we are sophisticated enough to demand that our homes be situated where the air is clean, the water pure and plentiful.
While our State Government is involved in the highly competitive game of industry-hunting, our most neglected role has been the build ing of a foundation that will make each and every Georgia community attractive for new and expanded industry.
Our administration is launching a series of important actions toward this goal. In this--my first week--in office, I will sign an Executive Order creating the Intergovernmental Relations Council to bring the Governor's office into day-to-day communication with city and county governments on the subject of preparing each Georgia community to compete for new industry.
Our communities will be developed to make them attractive places for industry to locate, and for prospective employees to live. This will

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require a joint effort by local and state governments. I am proposing that we continue the $4 million in grants for improvements in water and sewer facilities and solid waste disposal. It will require a broader tax base for local governments--without total dependency on property taxes.
Along with educating our people and providing them the best possible job opportunities, our administration will be vitally concerned with protecting Georgians and their property.

One important area that needs additional emphasis is consumer protection.

We have talked about this subject for a long time but have shown little motivation to do anything meaningful about it.

Some proposals in the past have advocated protection of the con sumer to the detriment of small businesses. I am seeking a functional balance between the rights of the consumer and the need--especially in the current economy--to help our small businessmen keep their doors open. I believe there is a middle ground, and it will be found.

Crime is a problem that can strike any Georgia family at any time. During 1973, the seven major crimes listed on the Federal Crime Index spiraled upward by about 13' percent in Georgia. Preliminary statistics for the first nine months of 1974 indicate that crime continues to in crease at an alarming rate.

I intend to meet this problem head-on with vigorous and innovative counter-action.

We will provide more and better-trained law enforcement officers. The Georgia Police Academy will be expanded to more than double the present level of training for local policemen.

To solve our problems with crime, our law officers must have better access to information about crime and criminals. Therefore, we are going ahead with full implementation of the Georgia Crime Information Center.

There must be complete cooperation between state and local law enforcement. The state must support fully the efforts of local law enforcement.

Quicker access to the expertise of our State Crime Laboratory is an urgent need. We are going to develop quick-response regional labora tories at Savannah and Macon.

We must not let up on our battle against drugs. Local law enforce ment is calling upon the state for more and improved assistance in com-

WEDNESDAY, JANUARY 15, 1975

73

batting the spread of illicit drugs. The full resources of state government will be made available in this cause.

Law enforcement at all levels is now a profession, and it must be upgraded at every opportunity.

Law enforcement operates most effectively in a non-political atmo sphere. Therefore, we are proposing that the Georgia State Patrol be placed under the State Merit System.

Upon my election, I recognized that the first real crisis I had to overcome was the serious overcrowding in our prisons. We have experi enced unprecedented growth in our prison population in recent months. This trend is projected to continue for the next few years.

We have a program now before the General Assembly to correct the overcrowding problems with a minimum outlay of funds. It is impera tive that we get this program moving as quickly as possible.

The Speaker of the House, Lieutenant Governor and Legislative Budget Officer, was well as the chairmen of your Appropriations Com mittees, are cognizant of the urgency of this situation.

They are going to propose enactment of an unprecedented separate amendment to the existing appropriations act during the first two weeks of the session--not only implementing my recommendations on prisons but including further modifications suggested by the Legislative Budget Officer. These changes not only will solve the immediate crisis but will save money in the next four years.

I wish to pause at this point and observe that I consider this action by our legislative leaders a portent of the close and harmonious working relationship we are going to have in this State in the next four years.
Notwithstanding the many problems facing us and demanding our time and energies, the state of our State is good. This is a new day in Georgia. We are going to be free of the constant bickering and squab bling that have diverted us from our goals in the past.
For the next four years, we are going to have a governor working with an independent legislature--day-by-day, hand-in-hand, problem by problem--for a more effective and efficient state government.
To provide these major programs in education, economic develop ment and protection of our people, we must do a better job of administer ing and managing our state government.
My goal as Governor is to focus attention on providing improved services to the people--not on building a bureaucracy.
We have a bureaucratic nightmare in the Department of Human Resources. We have too many administrative layers. We have too many chiefs and not enough Indians.

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Because of the demanding responsibilities of drafting a budget and organizing this administration, I have not had the time to consider and explore fully the changes we need to make in this Department.
The Department must be streamlined in order that it might ef ficiently render the services expected by our people. These structural and management changes cannot be made in haste and without research, consultation and reflection.

I will need some latitude as Governor within the next few months to meet this challenge.

Some of the programs within the Department of Human Resources are not fully funded in my budget recommendations. This was deliberate, for the reason that I am confident this Department can be restructured and streamlined to generate sufficient funds to meet these shortages.

There are some important changes needed to operate all of state government on a more businesslike basis. I am proposing funds in the budget to finance mental health and Medicaid management information systems. The two most significant improvements are programs called FACS and PACS that will provide basic accounting and personnel information for state government managers.

We spend tens of millions of dollars each year on construction of new state buildings. We have no full-time professional guidance to assist the departments, the Governor and the General Assembly in deter mining whether a building should be renovated or razed, in developing the preliminary cost estimates needed to project budget requirements and in shaping the hard-line functional economic recommendations necessary for decision-making. I recommend that an architect and engineer be hired for the first time to oversee our building program and to assist the General Assembly and state agencies in getting the most for our building program dollars.

My determination to place state government on a businesslike basis is not mere rhetoric. We are going to arrive at the point--and very soon --where our every decision is based on up-to-date, factual information. We'll save millions of dollars in future years by making certain our tax monies are spent where needed and not wasted on projects born of political whimsey, instead of practical reality.

If we provide the people of this State a dollar's worth of service for each dollar we spend, all of the programs I have discussed can be financed with no additional taxes.

Instead of increasing taxes, we must provide at the state level a workable--and affordable--program of property tax relief.

There are agonizing problems to be faced in this complex world in which we live, but few easy answers. It will take a partnership of you and me and every concerned Georgian to solve those problems.

WEDNESDAY, JANUARY 15, 1975

75

My office is open to every Georgian who wants to be a part of this partnership.

My most compelling wish as I undertake four years of serving the people of this great State is that we would be united and achieve a better life for all our people.

I need your help. I implore your help and support in this endeavor.

Senator Riley of the 1st moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

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

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Thursday, January 16, 1975

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

Senator Young of the 13th reported that the journal of yesterday's 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 communication from the Secretary of State was read by the Secretary:
SECRETARY OF STATE State Capitol Atlanta 30334
January 15, 1975
Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Hamilton:
I am enclosing herewith certified copy of a list of those who have registered in the Docket of Legislative Appearances as of January 14, 1975, for the 1975 Session of the Georgia General Assembly.
With best wishes, I am
Sincerely your friend, /s/ Ben W. Fortson, Jr.
Secretary of State Enclosure Received: /s/ Hamilton McWhorter, Jr.
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 nine pages of photographed matter hereto

THURSDAY, JANUARY 16, 1975

77

attached contain the names and addresses of those persons (numbered 1 through 158), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1975 Session of the Georgia General Assembly as of Tuesday, January 14, 1975, 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-five and of the Independence of the United States of America the One Hundred and Ninety-ninth.

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

THOSE REGISTERED IN THE DOCKET OP LEGISLATIVE APPEARANCE --1975

Gene Dyson Georgia Business and Industry
Association 181 Washington Street, S. W. Atlanta, Georgia 30303
James N. Parkman Georgia Business and Industry
Association 181 Washington Street, S. W. Atlanta, Georgia 30303
George L. DeMore Georgia Business and Industry
Association 181 Washington Street, S. W. Atlanta, Georgia 30303
Roger L. Meredith Associates Financial Services 2528 Ash Lane South Bend, Indiana
Jerry R. Griffin Georgia Municipal Association 220 -10 Pryor Street Building Atlanta, Georgia 30303
Gerald N. Brunson Merck Sharp and Dohme 4940 Windhaven Court Dunwoody, Georgia 30338
Raymond L. Hill Georgia Hotel-Motel Association 1410 Rhodes-Haverty Building Atlanta, Georgia 30303
Talitha M. Russell Georgia Society of Ophthalmology Post Office Box 655 McDonough, Georgia 30253

9. William H. Burson National Federation of Independent Business 3004 -1 Buford Highway, N. E. Atlanta, Georgia 30329 .
10. Herman Spence Georgia Retail Furniture Association 14-G-2 Atlanta Merchandise Mart Atlanta, Georgia 30303
11. Frank L. Carter Georgia Textile Manufacturers Association, Inc. 2640 NBG Building Atlanta, Georgia 30303
12. Charles R. Scherer Common Cause/Georgia 4290 Hidden Court College Park, Georgia 30349
13. Dexter Gatehouse Georgia Retail Food Dealers Association Post Office Box 10551 Atlanta, Georgia 30310
14. Ron Widener Georgia Independent Automobile Dealers Association Suite 129 3009 Rainbow Drive Decatur, Georgia 30034
15. Glint G. Sweazea Air Transport Association Delta Airlines Hartsfield International Airport Atlanta, Georgia 30320

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JOURNAL OF THE SENATE,

16. Roy W. Sockwell Christian Science Committee on Publications 3379 Peachtree Road, N. E. Atlanta, Georgia 30326
17. Thomas C. Watson Independent Bankers Association of Georgia 350 East Paces Ferry Road, N. W. Atlanta, Georgia 30305
18. Cheatham E. Hodges, Jr. Georgia Catholic Conference 206 Seventh Street Augusta, Georgia 30903
19. Kathleen M. Mull Georgia Association of Licensed Practical Nurses Route Two, Box 1086 Hampton, Georgia 30228
20. John D. Prien, Jr. Georgia Society of Professional Engineers 770 -1375 Peachtree Street, N. E. Atlanta, Georgia 30309
21. Mrs. John A. Dunaway Stop ERA 4904 Lake Forrest Drive, N. W. Atlanta, Georgia 30342
22. John F. Chambless Associated General Contractors of America, Inc. (Georgia Bureau) 147 Harris Street, N. W. Atlanta, Georgia 30303
23. Carl T. Martin, Jr. United States Brewers Assn., Inc. 1655 Tullie Circle, N. E. Suite 101 Atlanta, Georgia 30329
24. Charles L. Jackson Laborers International Union of North America 1961 N. Druid Hills Road Atlanta, Georgia 30329
25. Kathy Knowles Associated Builders and Contractors of Georgia, Inc. 2064 Peachtree Industrial Ct. Suite 411 Atlanta, Georgia 30341

26. Marie Morris Associated Builders and Contractors of Georgia, Inc. 2064 Peachtree Industrial Ct. Suite 411 Atlanta, Georgia 30341
27. Marvin Tibbetts Associated Builders and Contractors of Georgia, Inc. 1531 Stone Ridge Drive Stone Mountain, Georgia 30083
28. Judge G. Sisk National Association of Retired and Veteran Railway Employees, Inc. 390 Lake Drive Hapeville, Georgia 30354
29. Howard H. Burns Georgia Hearing Aid Society 615 Peactree St., N. E. Suite 416 Atlanta, Georgia 30308
30. Joe Moylan Georgia Association of Independent Insurance Agents, Inc. 1252 W. Peachtree Street, N. E. Atlanta, Georgia 30309
31. John H. Moss Georgia Restaurant Association 805 Peachtree Building Room 525 Atlanta, Georgia 30308
32. N. Seldon Brown Georgia Hospital Association 92 Piedmont Avenue, N. E. Atlanta, Georgia 30308
33. Rev. Fred Williams Laborers International Union of North America 1961 N. Druid Hills Road Atlanta, Georgia 30329
34. Jim Groome Mead Corporation P. O. Box 4417 Atlanta, Georgia 30302
35. Don Rooks Georgia School Boards Assn. Sheraton Biltmore Hotel 817 West Peachtree St., N. E. Atlanta, Georgia 30383
36. Tom Parker Atlanta Chamber of Commerce 1300 Commerce Building Atlanta, Georgia 30303

THURSDAY, JANUARY 16, 1975

79

36. Edward W. Killorin Registered Agent Georgia State Chamber of Commerce Atlanta Bar Association Georgia Society of Certified Public Accountants Augusta-Richmond County Coliseum Authority 400 First National Bank Tower Atlanta, Georgia 30303
37. Ed Hiles Georgia Savings & Loan League 1616 William-Oliver Building Atlanta, Georgia 30303
38. Troy Athon Georgia Nursing Home Association 32501 Memorial Drive Decatur, Georgia 30032
39. A. L. Hogewood, Sr. Georgia Retail Association 1095 North Jamestown Road Apartment E Decatur, Georgia 30033
40. J. Robert Watson Fulton Federal Savings & Loan Assn. 1733 North Holly Lane, N. E. Atlanta, Georgia 30329
41. Judi Rogers Georgia Council - National Association of Social Workers 4734 Winthrop Drive College Park, Georgia 30337
42. Jay Bowman Georgia Right to Life Committee 3187 Francine Drive Decatur, Georgia 30033
43. Phil Paradice Georgia Savings & Loan League 1616 William-Oliver Building Atlanta, Georgia 30303
44. George L. Harris, Jr. Georgia Bankers Association P. O. Box 891 Atlanta, Georgia 30301
45. Cloyd K. Hall Capricorn Records 535 Cotton Avenue Macon, Georgia 31201

46. Charles H. Lindsey Registered Agent Georgia Automatic Merchandising Council Georgia Tire Dealers and Retreaders Association Georgia Sign Association 2689 Riderwood Drive Decatur, Georgia 30033
47. Harold Sheats Association County Commissioners of Georgia 2036 Headland Drive East Point, Georgia 30344
48. Earl T. Leonard The Coca Cola Company 310 North Avenue Atlanta, Georgia 30301
49. William C. Talmadge The Coca Cola Company 310 North Avenue Atlanta, Georgia 30301
50. Bob Bullington The United Transportation Union P. 0. Box 80'763 Chamblee, Georgia 30341
51. Kenneth A. Dunphy Exxon Company, USA 22 Executive Park Drive West Atlanta, Georgia 30329
52. Jesse R. Moore Atlanta Association of Educators 201 Ashby Street, N. W. Suite 213 Atlanta, Georgia 30314
53. Wade E. Holland, Jr. Nationwide Insurance Companies & Affiliates Post Office Box 6498 Columbia, S. C. 29206
54. Rusty Kidd Medical Association of Georgia 938 Peachtree Street, N. E. Atlanta, Georgia 30309
55. Charlie Templeton Medical Association of Georgia 938 Peachtree Street, N. E. Atlanta, Georgia 30309
56. John Langsfeld Association County Commis sioners of Georgia 1124 Carnegie Building Atlanta, Georgia 30303

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JOURNAL OP THE SENATE,

57. Jack W. Houston Georgia Association of Petroleum Retailers, Inc. P. O. Box 639 Decatur, Georgia 30081
58. Jack Acree Georgia School Boards Association Sheraton Biltmore Hotel 817 West Peach tree Street, N. E. Atlanta, Georgia 30383
59. Jack Partridge General Telephone Company P. 0. Box 1440 Moultrie, Georgia 31768
60. J. Robert Benton Southeastern Counsel Wine Institute 1001 International Blvd. Suite 1104 Atlanta, Georgia 30354
61. William F. Morie Georgia Automobile Dealers Association 508 Hartford Building Atlanta, Georgia 30303
62. Steve Nimmer Registered Agent 3 M Company Georgia Automobile Dealers Association Farm Equipment Association P. 0. Box 269 Blackshear, Georgia 31516
63. Stewart Huey Registered Agent Georgia State Association of Life Underwriters DeKalb Association of Life Underwriters Building Owners & Managers of Atlanta American Subcontractors Association, Georgia Chapter 2200 Parklake Drive Suite 150 Atlanta, Georgia 30345
64. Hill R. Healan Association County Commis sioners of Georgia Suite 1124 Carnegie Building Atlanta, Georgia 3'0303

65. Harrison W. Bray Georgia Oilmen's Association 148 Cain Street, Suite 507 Atlanta, Georgia 30308
66. Wilton Hill Georgia School Bus Drivers Assn. Box 158 Reidsville, Georgia 30453
67. W. M. (Bill) Alexander City of Atlanta City Hall Atlanta, Georgia 30303
68. Paul B. Owens Southern Christian Leadership Council 3390 Fairburn Road, S. W. Atlanta, Georgia 30311
69. Wilbur T. Fitzgerald Georgia Municipal Association 220 -10 Pryor Street Building Atlanta, Georgia 30303
70. Dr. DuPree Jordan, Jr. Association of Private Colleges and Universities in Georgia 3330 Peachtree Road, N. E. Suite 557 Atlanta, Georgia 30326
71. Dorris Holmes League of Women Voters 346 Pinetree Drive, N. E. Atlanta, Georgia 30305
72. Coy R. Johnson Registered Agent National Association of Independent Insurers The Prudential Life Ins. Co. 1976 Silvastone Drive, N. E. Atlanta, Georgia 30345
73. Frank W. Laskowski The Retired Officers Association, Atlanta Chapter 685 North Superior Avenue Decatur, Georgia 30033
74. Bill Cummings Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30032
75. Glenn Newsome Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30032

THURSDAY, JANUARY 16, 1975

81

76. Bruce E. Widener Registered Agent Georgia Utility Contractors Association Georgia Water & Pollution Control Association Suite 125, 3009 Rainbow Drive Decatur, Georgia 30034
77. Blanche Clayton Centra Villa Community Club 1717 Centra Villa Drive, S. W. Apartment B-6 Atlanta, Georgia 30311
78. Walter L. Coleman, III Southern Christian Leadership Conference, Atlanta Branch 960 Hunter Street, S. W. Atlanta, Georgia 30311
79. Joanna Hanes Georgia Beer Wholesalers Suite 1420, 2 Peachtree Street First National Bank Tower Atlanta, Georgia 30303
80. Paul L. Hanes Registered Agent Georgia Beer Wholesalers 100 Colony Square Atlanta, Georgia 30361
81. Charles Fortson Communications Workers of America, Georgia Political Council B-6 Trail Creek Estates Athens, Georgia 30601
82. Emory Lipscomb Registered Agent National Association of Independent Insurers Sawnee Electric Membership Corporation Southeastern Fidelity Life Insurance Company 112 North Main Street Cumming, Georgia 30130
83. Clark Browne Registered Agent Youth Foundation of America Common Cause 205H Winding River Drive, N. E. Atlanta, Georgia 30338
84. Monroe M. Smith, Jr. Communications Workers of America, Georgia Political Council 279 Logan Street Atlanta, Georgia

85. L. C. Gillespie, Jr. Communications Workers of America, Georgia Political Council P. 0. Box 431 Locust Grove, Georgia 30248
86. Charlie Brown Communications Workers of America, Georgia Political Council P. 0. Box 2566 Columbus, Georgia 31902
87. Wade D. King Communications Workers of America, Georgia Political Council 2792 Skyline Drive Macon, Georgia 31201
88. Eric Holmes, Jr. Petroleum Council of Georgia (A Division of American Petroleum Institute) Suite 506, 161 Peachtree Street Atlanta, Georgia 30303
89. Elizabeth B. Duncan Common Cause 660 Elkmont Drive, N. E. Atlanta, Georgia 30306
90. Dorothy L. Love Common Cause 2603 Winding Lane, N. E. Atlanta, Georgia 30319
91. Bill McBrayer Georgia Retail Association 8th Floor, Suite E2 Atlanta Merchandise Mart Atlanta, Georgia 30303
92. William Hollberg Common Cause 659 Elmwood Drive, N. E. Atlanta, Georgia 30306
93. William Barnes Common Cause 1260 Zimmer Drive, N. E. Atlanta, Georgia 30306
94. Douglas K. Smith Common Cause 2560 Delk Road, Apt. C-27 Marietta, Georgia 30062
95. Josephine C. Sisk Common Cause 1165 East Beechwood Dr., N. W. Atlanta, Georgia 30327

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JOURNAL OF THE SENATE,

96. Robert B. Symonette

107. Ed Bayley

Georgia Power Co.

Professional Fire Fighters of Ga.

P. 0. Box 4545

P. O. Box 933

Atlanta, Georgia 30802

Marietta, Georgia 30060

97. John A. Roberts

108. Hubert L. Harris, Jr.

Georgia Power Co.

C & S National Bank

P. 0. Box 4545

P. 0. Box 4899

Atlanta, Georgia 30302

Atlanta, Georgia 30303

98. Sims Garrett

109. Rowanda M. Isaf

Georgia Motor Trucking Assn.

American Association of

500 Piedmont Avenue

University Women

Atlanta, Georgia 30308

993' Fairfield Drive

99. C. W. Larcom

Marietta, Georgia 30062

Common Cause

110. Gretta Dewald

2823 Kathryn Court

Democratic Party of DeKalb

East Point, Georgia 30344

2231 Kodiak Drive, N. E.

100. Bill T. Hardman Hardman & Stuckey Suite 2547 100 Peachtree Street, N. E. Atlanta, Georgia 30303
101. George G. Neffinger Common Cause 130-26th Street, N. W. Atlanta, Georgia 30309
102. Henry Milhollin Georgia Department of Agriculture 19 Hunter Street Atlanta, Georgia 30334

Atlanta, Georgia 30345 111. J. Lucius Black
Georgia Farm Bureau Route 2 Preston, Georgia 31824 112. Jim McClure Professional Fire Fighters of Ga. P. O. Box 933 Marietta, Georgia 30060 113. Adron Harden Georgia Farm Bureau Federation Box 6870 Macon, Georgia 30295 114. John W. Cox Air Transport Association

103. John Tucker

Hartsfield Int'l Airport

Legal Research Group, Inc.

Delta Airlines Headquarters

52 Park Lane, N. E.

Atlanta, Georgia 30320

Atlanta, Georgia 3030'9

115. Garland H. Williams

104. W. F. Jackson

Fulton County Board of

Brotherhood of Maintenance of

Education

Way Employees

786 Cleveland Avenue, S. W.

Route 4, Box 247

Atlanta, Georgia

Forsyth, Georgia 31029

116. Virginia Stringer

105. James P. Martin, Jr. Georgia Society of Certified Public Accountants

Georgia League of Women Voters 3166 Maple Drive Atlanta, Georgia 30305

1504 William Oliver Building

117. Jan Berry

Atlanta, Georgia 30303

Georgia League of Women Voters

106. James A. White, Jr. Registered Agent

3166 Maple Drive Atlanta, Georgia 30305

Georgia Industrial Loan Assn. 118. Dorothy Tracy

Georgia Independent Meat

Georgia League of Women Voters

Packers Georgia Mineral Producers

3166 Maple Drive Atlanta, Georgia 30306

Assn.

119. John P. Stevens

Home Builders Assn. of Georgia

First National Bank

Suite 320, 1100 Spring Street

P. O. Box 4148

Atlanta, Georgia 30309

Atlanta, Georgia 30302

THURSDAY, JANUARY 16, 1975

83

120. William E. Renouf Pacific Finance 3781 Northeast Expressway Suite 138 Atlanta, Georgia 30340
121. Robert M. Gaines DeKalb Association of Educators 233 Linkwood Road, N. W. Atlanta, Georgia 30318
122. Buford C. Cole DeKalb Association of Educators 2756 Ridgepark Drive Tucker, Georgia 30084
123. L. A. Wood, Jr. Southern Bell Telephone & Telegraph Co. 125 Perimeter Center West Atlanta, Georgia 30346
124. Hershel W. Farmer Seaboard Coast Line R. R. Co. 1800 First National Bank Tower Atlanta, Georgia 30303
125. James W. Kittrell Seaboard Coast Line R. R. Co. 1800 First National Bank Tower Atlanta, Georgia 30303
126. Dorothy P. Spence American Institute of Architects 2525 Peachtree Center Building Atlanta, Georgia 30303
127. Harold Joiner Georgia Forestry Association 2829 Blue Grass Lane Decatur, Georgia 30034
128. Joseph Raymond Foerst Common Cause Route 4, Flower Drive Douglasville, Georgia 30174
129. L. Clifford Adams, Jr. Georgia Municipal Association P. 0. Box 896 Elberton, Georgia 30635
130. Susan R. Hester Georgia Nurses Association 518 Park Drive, N. E. Atlanta, Georgia 30316
131. Claude McGuinn Communications Workers of America, Georgia Political Council 830 Larry Lane Decatur, Georgia 30033

132. James Thompson United Auto Workers 1280 Winchester Parkway, S. E. Suite 131 Smyrna, Georgia 30080
133. Herbert C. Green United Auto Workers 1280 Winchester Parkway, S. E. Suite 131 Smyrna, Georgia 30080
134. Abit Massey Georgia Poultry Federation P. O. Box 763 Gainesville, Georgia 30501
135. Jane Yarn S. A. V. E. 881 West Conway Road, N. W. Atlanta, Georgia 30327
136. J. Lanier Bannister Concerned Taxpayers of Forsyth County Box 867 Gumming, Georgia 30130
137. John N. Booth Southern Bell Telephone & Telegraph Co. 125 Perimeter Center West Atlanta, Georgia 30346
138. W. Elmer George Georgia Municipal Association 220 -10 Pryor Street Building Atlanta, Georgia 30303
139. Bryce W. Holcomb Georgia Soft Drink Association 2508 Carroll Avenue Suite 208 Chamblee, Georgia 30341
140. Dick Dorsey American Insurance Association 3445 Peachtree Road, N. E. Atlanta, Georgia 30326
141. E. C. Mitcham, Jr. Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30032
142. Phil Harrison Georgia Dental Association 3715 Northside Parkway Atlanta, Georgia 30327
143. R. B. Edwards United Transportation Union 1653 Downing Circle Macon, Georgia 31206

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144. Claude R. Glaze Brotherhood of Railway, Airline and Steamship Clerks 525 North Hairston Road Stone Mountain, Georgia 30083
145. John B. Scott City of Forest Park, Georgia 4144 O'Hara Road Forest Park, Georgia 30050
146. Loraine Penn Licensed Practical Nurses Assn. of Georgia 2628 Godfrey Drive, N. W. Atlanta, Georgia 30318
147. Joel Williams Savannah Foods and Industries, Inc. Box 339 Savannah, Georgia 31402
148. Wm. Padgett Trust Company of Georgia P. 0. Box 4418 Atlanta, Georgia 30302
149. Mary Mize Licensed Practical Nurses of Georgia, Inc. 609 Willoughby Way, N. E. Atlanta, Georgia 30312
150. Roger T. Lane Georgia Pharmaceutical Assn. 1 LaVista-Perimeter Office Park Suite 108 Tucker, Georgia 30084
151. Jimmy Carter Georgia Milk Producers, Inc. 177 Washington Street, S. W. Atlanta, Georgia 30303
152. J. D. Finger Exxon Company, USA P. O. Box 7167 Macon, Georgia 31204

153. Charles L. Skinner Georgia Motor Trucking Assn. 500 Piedmont Avenue Atlanta, Georgia 30308
154. Glenn M. Hogan Georgia Hospital Association 92 Piedmont Avenue, N. E. Atlanta, Georgia 30303
155. Ski Bashinski Registered Agent Georgia Funeral Directors Assn. Georgia Motorcycle Dealers Assn. Georgia Auto & Truck Wreckers Assn. Recreational Vehicle Dealers Assn. Georgia Utility Contractors Assn. Georgia Well Drillers Assn. Surveying & Mapping Society of Georgia Suite 123 3009 Rainbow Drive Decatur, Georgia 30034
156. Jim Whipkey Georgia Bankers Association William Oliver Building Atlanta, Georgia
157. Dr. Sid Williams Georgia Chiropractic Assn. 3220 Bankhead Highway Lithia Springs, Georgia
158. Albert M. Shaw Exxon Co. USA 2567 Central Avenue Augusta, Georgia 30904

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

SB 19. By Senator Kidd of the 25th:
A bill to amend an Act prohibiting persons, firms or corporations en gaged in the purchase of junk and commonly known as junk dealers, to enter upon the lands of another for the purpose of soliciting business or buying junk, without the written permission of the owner of the land or permission of the tenant thereof, and requiring junk dealers to register any bronze items with the judge of the probate court of the county in which such business is conducted.
Referred to Committee on Judiciary.

THURSDAY, JANUARY 16, 1975

85

SB 20. By Senator Kidd of the 25th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Com mission, as amended, so as to provide that no vehicle or boat shall be contraband or subject to confiscation, seizure, or condemnation as a result of its use in hunting deer or other animals at night unless the carcass of such deer or other animal is found while being transported in or on said vehicle or boat.
Referred to Committee on Natural Resources and Environmental Quality.

SB 21. 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 licenses to practice barbering. Referred to Committee on Human Resources.

SB 22. By Senator Reynolds of the 48th:
A bill to increase the fees of coroners for services in connection with the holding of inquests in counties having a population of not less than 66,000 or more than 73,000, according to the 1970 United States Decennial Census or any such future census; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 23. 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 Retirement.

SB 24. By Senators Lester of the 23rd, Overby of the 49th and Langford of the 51st:
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 Judiciary.

SB 25. By Senator Duncan of the 30th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change the provisions relative to the age of children for attending school and for preschool education; to provide for all matters relative thereto. Referred to Committee on Education.

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SB 26. By Senators Thompson of the 32nd, Howard of the 42nd and Robinson of the 27th:
A bill to repeal Code Chapter 23-24, relating to relief for poor Con federate soldiers. Referred to Committee on Judiciary.

SB 27. By Senators Thompson of the 32nd, Howard of the 42nd and Robinson of the 27th: '
A bill to repeal Code Chapter 27-216, relating to police at places of worship. Referred to Committee on Judiciary.

SB 28. By Senators Thompson of the 32nd, Howard of the 42nd and Robinson of the 27th:
A bill to amend Code Chapter 84-20, relating to peddlers, as amended, so as to repeal certain provisions relating to Confederate soldiers. Referred to Committee on Judiciary.

SB 29. 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 30. By Senator Lewis of the 21st:
A bill to provide for a board of elections in each county in the State having a population of not less than 18,200 nor more than 18,300, ac cording to the United States Decennial Census of 1970, or any future census. Referred to Committee on County and Urban Affairs.
SB 31. By Senator Fincher of the 54th:
A bill to amend Code Section 79A-703, relating to the illegal selling, giving away, bartering, exchanging, distribution or possession of dangerous drugs, as amended, so as to provide certain conditions relative to the distribution of dangerous drugs by a manufacturer's sales repre sentative to a practitioner. Referred to Committee on Human Resources.
SB 32. By Senator Fincher of the 54th:
A bill to amend Code Chapter 79A-10, known as the "Georgia Drug and Cosmetic Act", so as to provide additional requirements for the labeling of certain drugs; to provide an effective date. Referred to Committee on Human Resources.

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SB 33. By Senator Fincher of the 54th:
A bill to amend Code Title 88, the Georgia Health Code, as amended; to provide for inspection warrants; to provide for definitions; to pro vide for practices and procedures in connection with the issuance and execution of inspection warrants; to provide an effective date; to pro vide for severability.
Referred to Committee on Human Resources.

SB 34. By Senator Fincher of the 54th:
A bill to amend Code Title 88, the Georgia Health Code, as amended, so as to provide for civil penalties; to provide for the practices and procedures in connection with the imposition of such penalties; to pro vide for judicial review; to provide for injunctive relief; to provide for other matters relative to the foregoing.
Referred to Committee on Human Resources.

SR 7. By Senator Kidd of the 25th:
A resolution to amend a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, as amended, so as to make certain changes in the membership thereof. Referred to Committee on Economy, Reorganization and Efficiency in Government.
SR 8. By Senator Kidd of the 25th:
A resolution to repeal a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, as amended, to provide for effectiveness. Referred to Committee on Economy, Reorganization and Efficiency in Government.
SR 11. By Senators Riley of the 1st, McDowell of the 2nd and Traylor of the 3rd:
A resolution proposing an amendment to the Constitution, so as to create the Chatham County Utility Services Authority; to provide for the powers, authority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof. Referred to Committee on County and Urban Affairs.
SR 12. By Senators Coverdell of the 40th, Garrard of the 37th, Warren of the 43rd 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 Judiciary.

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SR 14. By Senators Hamilton of the 26th, Broun of the 46th, Riley of the 1st and others:
A resolution urging the Board of Regents to admit certain senior citizens without tuition charges to the institutions of the University System of Georgia. Referred to Committee on Higher Education.

The following standing committee report was read by the Secretary:

Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. President:
Your Committee on 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 1. Do pass. SB 2. Do pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

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

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not answering were Senators:

Broun of 46th

Duncan

Fincher

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89

Senator Tate of the 38th introduced as chaplain, The Reverend J. A. Wilburn, pastor, Union Baptist Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 16. By Senators Kennedy of the 4th, McDuffie of the 19th, Gillis of the 20th and others:
A resolution expressing regret at the passing of J. I. Clements.

SR 17. By Senator Kidd of the 25th: A resolution commending Mr. Ronnie Ted Shiflett.

Senator Kennedy of the 4th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

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

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Senate Chamber, Atlanta, Georgia Friday, January 17, 1975

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

Senator Young of the 13th reported that the journal of yesterday's 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 6. By Mr. Shanahan of the 7th:
A bill to repeal and replace the Charter of the City of Fairmount, Ga., as provided by an Act approved Aug. 18, 1927, (Ga. Laws 1927, p. 1125), as amended, to create a new charter for said City; to prescribe the corporate boundaries of said City; to provide for the construction of this Act; to provide for the exercise of power conferred by this Act.

HB 16. By Messrs. Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", so as to provide that all named insureds in existing motor vehicle liability policies who have not previously responded to an offer to accept or reject the optional coverages required to be offered by the Act shall be given an opportunity to accept or reject, in writing, the optional coverages required to be offered.
HB 42. By Mr. Irwin of the 130th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Terrell 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 provde for the collection of all such fees, costs, and emoluments.

HB 2. By Mr. Colwell of the 4th:
A bill to provide for the Department of Offender Rehabilitation a sup plementary appropriation for the remainder of the fiscal year ending

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91

June 30, 1975, in addition to any other appropriations heretofore or hereafter made for the operation of the Department and the purposes provided for herein; to confer certain responsbilities upon the Office of Planning and Budget.

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

SB 35. By Senators Reynolds of the 48th and Lester of the 23rd:
A bill to create the "Commission on Efficiency and Performance Evalua tion in Government"; to provide for the appointment of members; to prescribe their terms of office and compensation; to define the duties and powers of said Commission; to require other departments and agencies of State government to cooperate with the Commission.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 36. By Senator Riley of the 1st:
A bill to amend Section 89-811 of the Code of Georgia of 1933, relating to the designation of solvent banks as depositories of all county monies and monies belonging to the school funds of the counties and of school districts therein, and of other districts therein organized for any pur pose, so as to provide that federal savings and loan associations, or State chartered building and loan associations, may also be utilized as de positories of county monies and the other types of funds and monies hereinabove described; to provide an effective date.
Referred to Committee on Banking, Finance and Insurance.

SB 37. By Senator Overby of the 49th:
A bill to amend an Act providing for the registration and regulation of cemeteries, as amended, so as to provide that assets of the trust funds required to be established by perpetual care cemeteries and which are held by a State bank or national bank or trust company qualified to act as fiduciaries in this State may be invested in common trust funds maintained by such State bank or national bank or trust company.
Referred to Committee on Banking, Finance and Insurance.

SB 38. By Senator Overby of the 49th:
A bill to amend Code Section 92-6202.1, relating to the automatic return of property for taxation and claiming certain exemptions, as amended, so as to provide for the automatic return of property for taxation and the claiming of certain exemptions in certain municipalities of this State. Referred to Committee on Judiciary.

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SB 39. By Senators Thompson of the 32nd, Howard of the 42nd and Ballard of the 45th:
A bill to provide for proof of publication of legal notices or advertise ments; to define certain terms; to provide procedures connected there with; to provide exceptions. Referred to Committee on Judiciary.

SB 40. By Senator Kidd of the 25th:
A bill to amend the "Campaign Financing Disclosure Act", so as to provide for limitations on the amounts candidates for certain elective offices may expend in furtherance of their political campaigns in primaries, primary runoffs, general elections, and general election run offs; to provide for definitions; to provide for the return of excess contributions.
Referred to Committee on Judiciary.

SB 41. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-29, known as the Georgia Medical Consent Law, as amended, so as to change the provisions relating to the care and treatment of the mentally ill; to provide that incompetent persons shall not be authorized to consent to any surgical or medical treatment or procedures.
Referred to Committee on Human Resources.

SB 42. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to provide for a required curriculum and program of instruction in consumer education in certain grades; to provide for rules and regulations; to provide for other matters relative to the fore going. Referred to Committee on Education.

SB 43. By Senator Kidd of the 25th:
A bill to amend an Act providing that the homestead, but not to exceed $10,000 of its assessed value, of each resident of each independent school district and of each county school district who is 62 years of age or over and who meets certain income qualifications shall be exempt from all ad valorem taxation for educational purposes levied by, for, or in behalf of any such school system, so as to change the maximum amount of such homestead exemption. Referred to Committee on Banking, Finance and Insurance.
SB 44. By Senator Kidd of the 25th:
A bill to amend Code Chapter 34-10 of the "Georgia Election Code", relating to the nomination of candidates, as amended, so as to prohibit any person from qualifying with any political party as a candidate for

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nominator! to any public office when such person has previously qualified, during the same calendar year, with another political party as a candi date for nomination by that party for any public office.
Referred to Committee on Judiciary.

SB 45. By Senator Lewis of the 21st:
A hill to amend Code Section 95A-961, relating to permits for excess weight and dimension under the provisions of the Georgia Code of Public Transportation, so as to change certain provisions relating to vehicles transporting portable buildings; to provide an effective date. Referred to Committee on Transportation.

SB 46. By Senator Kidd of the 25th:
A bill to provide for a presumption that the impairment of health by lung disease, hypertension or heart disease of firemen or fire fighters regularly employed by the State of Georgia, any county, city, municipal or other governmental agency in the State of Georgia shall be presumed to have occurred, suffered or arose out of and in the course of duty of such employees.
Referred to Committee on Industry, Labor and Tourism.

SB 47. By Senator Kidd of the 25th:
A bill to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, as amended, so as to prohibit the marking or sale of certain personal property with certain inks or dyes; to provide for penalties. Referred to Committee on Judiciary.

SB 48. By Senator Dean of the 6th:
A bill to amend an Act relative to the laws of this State regarding game and fish, as amended, so as to repeal the provisions which require that the owner of a commercial fishing boat must file with the Commissioner a forfeiture bond in the amount of five thousand dollars ($5,000). Referred to Committee on Natural Resources and Environmental Quality.

SB 49. By Senators Reynolds of the 48th, Brown of the 47th and Russell of the 10th:
A bill to provide for reimbursing from State funds a certain amount of the reduction in revenues of a local public or independent school system caused by a reduction in such system's property tax levy; to provide a procedure for determining the amount to be reimbursed; to provide for an application for such reimbursement; to provide an effective date.
Referred to Committee on Banking, Finance and Insurance.

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SR 15. By Senator Holloway of the 12th:
A resolution to amend a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, as amended, so as to make certain changes in the membership thereof. Referred to Committee on Rules.

SR 18. By Senator Kidd of the 25th:
A resolution amending the Senate Rules. Referred to Committee on Rules.

SR 19. By Senators Shapard of the 28th and Banks of the 17th:
A resolution proposing an amendment to the Constitution, so as to authorize the governing authority of Henry County to fix the salary, compensation, expenses and allowances of certain county officers; to provide for the submission of this amendment for ratification or rejecton. Referred to Committee on County and Urban Affairs.

SR 20. By Senator Shapard of the 28th:
A resolution proposing an amendment to the Constitution, so as to authorize the governing authority of Spalding County to fix the salary, compensation, expenses and allowances of certain county officers; to provide for the submission of this amendment for ratification or rejec tion. Referred to Committee on County and Urban Affars.

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

HB 2. Mr. Colwellof the 4th:
A bill to provide for the Department of Offender Rehabilitation a sup plementary appropriation for the remainder of the fiscal year ending June 30, 1975, in addition to any other appropriations heretofore or hereafter made for the operation of the Department and the purposes provided for herein; to confer certain responsiblities upon the Office of Planning and Budget.
Referred to Committee on Appropriations.

HB 6. By Mr. Shanahan of the 7th:
A bill to repeal and replace the Charter of the City of Fairmount so as to create a new charter for said City. Referred to Committee on County and Urban Affairs.

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95

HB 16. By Messrs. Ware of the 68th, Greer of the 43rd, and Castleberry of the lllth:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide that all named insureds in existing motor vehicle liability policies who have not previously responded to an offer to accept or reject the optional coverages required to be offered by the Act shall be given an opportunity to accept or reject, in writing, the optional coverages required to be offered.
Referred to Committee on Banking, Finance and Insurance.

HB 42. By Mr. Irwin of the 130th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Terrell 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.

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

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 and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 16. Do pass. SR 7. Do pass. SR 8. Do pass.
Respectfully submitted, Kidd of 25th District, Chairman.

Senator Carter of the 14th District, Chairman of the Committee on Education, submitted the following report:
Mr. President:
Your Committee on Education 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:

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SB 6. Do pass. SB 8. Do pass as amended.

Respectfully submitted, Carter of 14th District, Chairman.

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

SB 1. By Senator McGill of the 24th:
A bill to amend Code Chapter 68-1, relating to licenses, registration and operation of motor vehicles, as amended, so as to add a new Code Section 68-101.2 defining the term "motorized bicycle"; to amend Code Section 68-201, relating to registration and license of motor vehicles and chauf feurs, as amended, so as to exempt motorized bicycles from registration and licensing under certain circumstances.

SB 2. By Senator McGill of the 24th:
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, so as to exempt certain motorized bicycles from motor equipment and inspection requirements; to provide an effective date.

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

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysniger Warren Young

Those not answering were Senators Ballard and Riley.

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97

Senator Pearce of the 16th introduced as chaplain, The Reverend William C. McTier, pastor, Epworth United Methodist Church, 2400 Devonshire Drive, Columbus, Georgia, who offered scripture reading and prayer.

Senator Tysinger of the 41st introduced as Doctor of the Day, Dr. Joseph Hutchinson, Atlanta, Georgia.

Senator Riley of the 1st moved that the Senate recess at 10:40 o'clock A.M. until 12:00 o'clock Noon, the hour for the Joint Session of the Senate and House called for the purpose of hearing the Budget message by His Excellency, Governor George Busbee, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. Monday, 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 George Busbee, was called to order by the President of the Senate. HR 17 authorizing the Joint Session of the Senate and House was read by the Secretary of the Senate.
His Excellency, Governor George Busbee addressed the Joint Session of the House of Representatives and Senate as follows:
The job of writing a state budget is getting harder every year be cause of an erratic economy that has been plagued in recent times by an oil crisis, inflation, recession, and even some fear that a depression might be lurking around the corner.
The General Assembly met in 1974 during the middle of the worst energy crisis this nation has ever experienced. This year we are faced with the worst recession in four decades and a rate of inflation ap proaching 12 percent.
Because of fear of the energy crisis last year, Georgia's state government is now operating on a budget $10 million smaller than the previous year.
Although there are some people who would sharply curtail our future spending because of economic uncertainty, I do not think our future is quite as gloomy as some alarmists would have us believe.
Including surplus funds of $116 million, federal revenue sharing and projected income on hand July 1, 1974, we have a total of $380 million in new funds to appropriate over the next 18 months.
Projected revenues are $1.658 billion for the current fiscal year and $1.844 billion during 1976.
The revenue projection for the current year is an increase of $50 million over the original projection when the budget was passed last

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year. The increase is a result of the energy crisis not lasting as long as we thought possible.
I have already trimmed $36 million from planning revenue esti mates, $18 million in each fiscal year to be fiscally responsible.
This may sound like a lot of money in view of the sad state of our economy, but I believe our revenue projections are very conservative and sound and will be met.
To be ultra-cautious, I have worked with your legislative budget leaders to hold off any actions on perfecting the budgets until January revenue collections are in. If a reduction in the revenue estimates seems justified we will take, action at that time. But I do not believe sub stantial--if any--revisions will be necessary.
During my campaign I promised there would be no general state tax increase during my administration. I can assure you that I am not going to jeopardize that pledge by proposing a program of overspending in my first year in office.
I am recommending an amended budget for fiscal year 1975 totaling $1,716,498,693. For fiscal year 1976, a budget of $1,955,576,269 is recommended.

We are not starting a lot of new programs with these new budgets. These are tight spending programs that attempt to mostly upgrade existing programs and provide services needed in Georgia.

Just because my name is on the budget document, I am not inflexible about making changes. I only had four weeks to prepare the budget and have already suggested some changes myself. I will work with the Gen eral Assembly over the next several weeks to produce a budget that truly meets our critical needs within the funds available for expenditure.

In summary, most of the funds in this budget are recommended to meet critical needs such as upgrading education, providing property tax relief, stimulating economic development through improving our ports facilities and providing better highways to transport goods, meet ing a crisis in Medicaid funding, relieving overcrowdedness in our prisons, providing a cost of living adjustment for state employees, teachers and University System personnel and other similar needs.

These are not frills. They are immediate needs and concerns. My recommended budget meets only the minimum needs.

This budget accomplishes one important goal that I intend to abide by for four years--stopping the rapid increase in state employees.

Excluding teachers and University System personnel, we are recom mending a net increase of only 191 new employees.

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99

To accommodate needs for new employees in many departments, we are reducing total employment in other departments. For instance, the Department of Transportation deleted 396 budgeted positions and will use the $5.1 million saved for critical highway resurfacing needs.
One new problem we are faced with this year was caused by the Fair Labor Standards Act which requires overtime pay for most state employees. No estimate of cost has been tabulated but it is substantial. For instance, manned park operations are now open only six days a week because of the law. We are providing sufficient new employees in the 1976 budget to open all park operations seven days a week.
This budget also applies the brakes to rampant bond financing. We are recommending new bond programs only for ports, the Interstate highway speedup and public schools.
Property tax relief is one program I feel we must fund next year. I have included $35 million in my budget for this purpose.

I realize this will not provide as much relief as some of us had hoped for this year, but we are proposing a ceiling on how much any Georgian can receive to stretch the dollars as far as possible for home owners and small farmers. The relief would be provided through state income tax rebates or refunds.

Although my administration has several major thrusts as I have previously stated on several occasions, the number one priority must be education.

We are proposing the expenditure of $115 million in new education funds over the next 18 months to provide a better program of education by starting to finance the new Adequate Program for Education law which takes effect next July 1.

This total of $115 million includes bond funds for construction but does not include the $38 million which I have recommended for teacher pay raises.

The most important educational need is the expansion of the pre sently limited kindergarten program into a full program that ultimately will serve every five-year-old child in the state.

I recognize that there are some who in good faith would like to defer this program. And, I am sure there are others who would like to spend the money on other projects. But I don't think any of us seriously ques tion the need for this program. The evidence is becoming more and more compelling that this is a key to achieving excellence in education.

There will be some who say we can't afford to spend $18 million for kindergarten. I say if we are serious about excellence in education, we can't afford not to spend it.

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One reason for the high degree of failures, dropouts, and poor achievement in Georgia schools is the lack of preparation for schools. Statistics show that children who attend kindergarten perform better in school.

My kindergarten proposal initally will serve some 26,0>00' students-- or one-third of all five-year-olds--by continuing the existing program for handicapped children and expanding to include 25 percent of other five-year-olds on the basis of one teacher and an aide for each 20 students average daily attendance.

Half-day sessions would be funded with double sessions held to make maximum use of classrooms.

The determination of which eligible students would be served first is left to the State Board of Education but it is anticipated that the Board will establish criteria to serve first those children who need help the most. Funds for testing to determine the five-year-olds with the greatest need are provided.

I sincerely hope that this program will not be scuttled by mis guided values. We must improve our educational system and I know of no better way than to start our children off right in school.

It is also important that we provide additional help to those students who are already in school and are having difficulty. A state compensatory education program is recommended for grades 3, 4 and 5 at an increased cost of $5.2 million. A compensatory program is now in existence, but its funds are distributed on a per teacher basis and not placed where students need help.

My goal is to ensure that the funds are used for no other purpose than to help students who are at least one and one-half years behind in academic achievement. Including funds already available, this program will be funded at a level of $12.3 million.

I am also recommending $14.9 million to provide 1,477 new teachers to reduce the pupil-teacher ratios in classrooms 4 to 7 from 28 to 25 students per teacher.

In the past, our funding for pupil-teacher ratio decreases has been diverted in many instances to fund such specialists as art, music and physical education teachers.

While these specialty teachers are important to our educational system, we also need smaller classes for the teachers who stay with one class all day. Therefore, language is included in the appropriations bill to make sure teacher allotments are used for this purpose.

Because art, music and physical education specialists are needed, I am proposing the first state funds ever to provide 291 of these specialists

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1Q1

in grades 1 to 7 at a ratio of one for every 75 teachers. The cost is $2,362,817.

We're also asking $11.4 million in new funds for vocational educa tion, $7.1 million for special education, $1.9 million for instructional equipment, the first state funds for this specific purpose; $4.5 million for school lunch increases, including one cent per meal increases each year, and almost $25 million for local school construction through a new general obligation bond issue and direct capital outlay funds.

In addition, we are recommending $11.3 million to fund increased needs in such important areas as pupil transportation, instructional media, maintenance and operation and sick and personal leave.

For the University System, we are requesting $28.8 million in new funds. We are fully funding the formula which we approved several years ago. Included will be 613 academic personnel.

While the number of freshmen and sophomores is increasing only slightly, we are experiencing a large increase in graduate enrollment, which costs many times as much.

Direct capital outlay funds totaling $13.5 million will provide for rehabilitation of existing buildings for new use, new construction, land purchases and renovations. By providing direct capital outlay funds they will be available to the Regents in the first quarter of 1976 and will allow them to save money by speeding the projects along.

In keeping with my promise to make economic development one of the top priorities of my administration, I am recommending a $50 million bond program to improve our ports facilities.

Through better ports we can attract more international trade, establish a firmer base as a major distribution center even beyond southeastern borders, and provide a greater lure for industry to locate here.

for future expansion. These improvements will yield $14 million in new facilities to meet increasing demands, and purchase water-front land for future expansion. These improvement will yield $14 million in new state revenues and bolster our economy many times that amount.

I am also supporting a move to add $12 million in additional bonds for constructing a general purpose port on Colonels Island if the Corps of Engineers approves dredging of the channel to the island. This pro posal is not in the printed budget, but I am working with legislators to
locate the funds.

One key to economic expansion is good transportation. Therefore, I am recommending a $92 million bond program to speed up completion of our Interstate highway system. The bond program would be funded

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with an $8 million allocation from the general treasury because motor fuel funds are increasing less than one percent each year.

The principal will be repaid from the Federal Highway Trust Fund.

Our plan is to complete 1-16 with this bond program and start work on 1-185, which is the spur to Columbus from 1-85 near LaGrange.

I-161 is important because it connects north and middle Georgia with the coast and state ports operations, and 1-185 is important because it will put our second largest city-- Columbus--on the Interstate system and open up the western part of the state to industrial expansion.

In addition to funding the Interstate speedup from the general treasury, we need to do more to help the Department of Transportation because its appropriation is tied to a constitutional allocation of motor fuel revenue. The fuel crisis has created a funding crisis for our high ways.
We must, however, protect our highway investments. To remain on a cycle of resurfacing our roads at least once every 10 years, I am requesting that $16 million be appropriated from the general treasury for this purpose in the current year's amended budget.

We will need a total of $31 million to meet resurfacing needs in 1976. This need will be met with $22.7 million in capital outlay and $8.3 million from a $27 million bond issue that is anticipated.

An equally important function of government is the care of our less fortunate citizens who need social and health services assistance.

I am proposing $44.6 million in new funds for the Department of Human Resources, mostly to meet increased needs in programs already underway. Of this total, $20.5 million is earmarked to meet a crisis in the Medicaid program. Without help, Medicaid funding will end in May.

To meet remaining needs we are going to try and reduce abuses in the program. Before I took office I asked Governor Carter to provide $20,000 in emergency funds to initiate a computer program to identify abuses in the program to accomplish this goal.

Increased applications for food stamps have caused delays of up to 60 days for applicants seeking certification. An additional $2.9 million is recommended for personnel to speed up determination of eligibility for food stamps and to remove ineligibles from the rolls.

We also need to provide an increase for those Georgians who care for foster children in their homes. An additional $267,000 will increase compensation from $110 to $115.50 per child each month.

We are facing a very critical problem of overcrowdedness in our state prisons. In less than two years the number of inmates has increased

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by some 1,500 with a prediction of further sharp increases to some 12,433 inmates in 1976.

But I am happy to report to you that we have developed a plan to house all of these inmates. As you know, a supplemental appropriations bill already is moving through the General Assembly to get a head start on this program.

An appropriation of $1,843,550 is urged to implement recommenda tions in criminal justice standards and goals that affect our correctional institutions. These funds would provide for four marginal risk centers to house those inmates who offenses are not serious enough to be im prisoned but yet whom the judges feel should not be released immediately, nine pre-release centers for reorienting inmates for a return to society, and a diagnostic team at the new women's prison.

Conservation measures that resulted from the fuel crisis last year caused Georgia motorists to slow down. An immediate result was a reduction of fatalities on our highways.

Now that a breakthrough has been achieved we must continue our efforts. One way to accomplish this is better patrolling of our highways. Therefore, I am asking you to fund 45 new troopers.

At the same time I am recommending 45 new radio operators. These are needed to keep our troopers from working overtime to man head quarters radios at night.

For a long time we have been gradually weeding politics from our state patrol. We need to take the final step and place all troopers on the State Merit System. This will help us retain our troopers and recruit better troopers in the future by providing better pay and better job protection.

To provide better training, we propose expansion of the Georgia Police Academy and regional academies. This will enable us to increase the hours of training for local law enforcement officers, new troopers and GBI agents from 114 to 240 hours.
For the Department of Natural Resources we are recommending $5.1 million in new funds, mostly to improve in programs currently underway.
These funds will provide for renewal of the fluoridation grant pro gram, hire personnel to keep parks open seven days a week, hire nine new internal administration employees to exert better control over fees collected at parks and through other programs, expand coastal marsh lands protection, and finance a $750,000 capital outlay program of main tenance at existing parks.
The Heritage Trust Program will be continued with an appropria tion of $1 million while a study is conducted to identify exact long-range needs of the program.

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Although Georgia retains its ranking as the nation's leading poultry producing state when all aspects of the industry are included, we have dropped to number two in broiler production. Part of the reason for this decline is our distance from the big midwestern grain feed producers.

While there is little we can do about this problem, we can strengthen our position in broiler production by continuing to fund research.

For this purpose I am requesting an appropriation of $890,000 to to the Department of Agriculture in 1976.

We are also requesting $600,000 in the amended budget for 1975 to build additional facilities at the farmers markets in Thomasville and Augusta.

With inflation now rising at a rate of almost 12 percent a year it is important that we provide a cost of living adjustment for our state employees, school teachers, and University System personnel. I am recommending $75 million spread over two fiscal years for this purpose.

The adjustment I am proposing for state employees places emphasis on the lower pay grades under the State Merit System and non-academic personnel in the University System. These are the people who are hurt most by inflation and who need help the most.

State employees will receive a $400 across the board increase or four percent of their gross salary--whichever is greater--effective April 1. The $400 across the board increase will address 75 percent of the Merit System personnel.

State teachers will receive a four percent increase in the teachers' pay index on April 1 and an additional two and one-half percent increase on September 1.

In the University System, non-academic personnel will receive a $400 increase on April 1. Academic personnel will receive a four percent increase on April 1 and an additional two and one-half percent on September 1.

In 1976' we propose to undertake a comprehensive classification and salary structure study for state employees. Such a study has not been done since 1965. This is the first of several steps to correct the many deficiencies in this area.

Included in my proposed budget is $1.6 million to fund preliminary engineering and architectural work for the first phase of the Capitol Hill master plan, which is a recommendation on how the state can meet its growth needs between now and the year 2000.

Because of the early building of the MARTA station north of the Capitol, it is essential that this planning money be appropriated now for the state to protect its interest.

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105

For our judicial branch we are asking $900,000 to permit the state to pick up the cost of a local defender system which now is paid by county governments.

We also need to take other actions to improve our sentencing proce dures. I am asking $750,000 to fund presentence diversion programs. The details of these programs have not been worked out but the goal is to give judges alternatives to incarceration. With the overcrowded condi tions in our corrections system, we do not need to confine anyone if there is a better alternative.

Although these are big budget increases it must be kept in mind that we are operating on a base that has doubled in size in five years and is now four times the size it was when the new budget laws were passed in 1962

With fiscal year 1976 viewed as a recovery year, an 11.2 percent increase in collections is really not a very good performance. This will produce only $186 million in new funds for that year.

We collected $169 million in new funds--just $17 million less--in fiscal year 1974, a year in which the fuel crisis was at its peak and in which the current recession started and lasted eight months.
My spending proposals are conservative and carefully take into consideration the economic problems now existing.
This is a budget low on new programs and big on expanding those programs that actually get services down to the people who need them.
Considering the economic uncertainties facing us, I feel this is a budget we can all be proud of in the knowledge that we have met the state's most pressing needs in the most fiscally responsible manner possible.

When you pass this budget you can go home and tell your constit uents that even in these hard times you have adopted a budget which contains no fat and no frills, but yet provides the services they need.

Senator Riley of the 1st moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

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

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Senate Chamber, Atlanta, Georgia Monday, January 20, 1975

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 57. By Mr. Howell of the 140th:
A bill to amend an Act creating the State Court of Early County, approved Aug. 21,1906 (Ga. Laws 1906, p. 161), as amended, particularly by an Act approved Mar. 4, 1953 (Ga. Laws 1953, p. 3067), so as to change the compensation of the judge of said court; to provide an ef fective date.

HB 58. By Mr. Howell of the 40th:
A bill to amend an Act creating the office of Tax Commissioner of Early County, so as to change the compensation of the Tax Commissioner.

HB 59. By Mr. Howell of the 140th:
A bill to abolish the present mode of compensating the Coroner of Early 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 71. By Messrs. Hutchinson of the 133rd, McCollum of the 134th, Hatcher of the 131st and White of the 132nd:
A bill to amend an Act to create the Albany-Dougherty Payroll Develop ment Authority, approved March 21, 1958, so as to provide authority for the issuance of certain revenue anticipation bonds; to re-define certain terms; to provide for legislative intent.

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107

HB 79. By Mr. Hudson of the 137th:
A bill to amend an Act creating a Board of Commissioners of Ben Hill County, approved Aug. 15, 1914, so as to provide that the Ben Hill County Commissioners may provide for a full time Administrative Officer for the County; to provide for the duties and salary of said Officer; to provide an effective date.

HB 28. By Messrs. Mullinax of the 69th, Brown of the 34th and Carr of the 105th:
A bill to amend an Act approved Mar. 29, 1937, known as the "Unem ployment Compensation Law" so as to decrease until Dec. 31, 1976, the percent required for the national rate of insured unemployment affecting the on and off indicator in regard to extended benefits.

HB 47. By Messrs. Egan of the 25th and Murphy of the 18th:
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 elective members of municipal governing authorities.

HB 87. By Messrs. Kreeger of the 21st, Howard of the 19th and Nix of the 20th:
A bill to amend an Act providing for a tax on certain deeds, instruments, or other writings transferring real estate so as to provide that said tax shall not apply to any transfer of real estate between a husband and wife in connection with a divorce case.

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

SB 50. By Senators Eldridge of the 7th and Sutton of the 9th:
A bill to amend an Act providing for the indemnification for honey bees or bee-keeping fixtures ordered destroyed by the State Entomologist because of infection by contagious disease, so as to increase the amount of indemnification paid to owners of property so destroyed. Referred to Committee on Agriculture.

SB 51. By Senator McGill of the 24th:
A bill to provide for the inspection and regulation of the sale of anti freeze substances and preparations; to provide for definitions; to state what constitutes adulteration and misbranding; to provide for inspec tion, analysis and permit for sale of anti-freeze. Referred to Committee on Consumer Affairs.

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SB 52. By Senator Holloway of the 12th:
A bill to amend Code Section 113-1508, relating to priority of claims against the estate of a decedent, so as to include the funeral expenses of a deceased person who leaves a surviving spouse as a claim against the estate; to provide an effective date. Referred to Committee on Judiciary.

SB 53. By Senator Barker of the 18th:
A bill to prohibit the obtaining or attempt to obtain certain settlements, releases or statements from certain injured persons. Referred to Committee on Judiciary.

SB 54. By Senator Barker of the 18th:
A bill to provide that it shall be unlawful for any masseur or masseuse to massage any person of the opposite sex; to provide that it shall be un lawful for any person engaged in the massage business to allow any masseur or masseuse in his employment to massage any person of the opposite sex upon those premises upon which such business shall be conducted.
Referred to Committee on Human Resources.

SB 55. By Senator Barker of the 18th:
A bill to regulate the automotive repair industry; to provide a short title; to provide definitions; to provide for the enforcement and ad ministration of this Act; to provide for rules and regulations; to provide for registration of automotive repair dealers; to provide the procedure for such registration and other matters related thereto; to provide punishment for failure to register.
Referred to Committee on Judiciary.

SB 56. By Senator Barker of the 18th:
A bill to amend an Act creating the Department of Public Safety for Georgia, as amended, so as to require the court to suspend, revoke or cancel the driver's license of a person who is convicted, pleads guilty, or forfeits bonds for certain offenses. Referred to Committee on Judiciary.

SB 57. By Senator Duncan of the 30th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change the provisions relative to funds to pay the expenses of pupil transportation; to provide that funds shall be paid to independent school systems only when the local boards of such systems request such funds; to provide the procedures connected there with.
Referred to Committee on Education.

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109

SB 58. By Senator Turner of the 8th:
A bill to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members. Referred to Committee on County and Urban Affairs.

SB 59. By Senator Kidd of the 25th:
A bill to amend an Act providing for retirement benefits for the Judges of the Probate Courts (formerly known as the Ordinaries), as amended, so as to change the provisions relating to the office of SecretaryTreasurer of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia.
Referred to Committee on Retirement.

SB 60. By Senators Turner of the 8th, Russell of the 10th, Sutton of the 9th and others:
A bill to add one additional judge of the Superior Courts of the Southern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.
Referred to Committee on Judiciary.

SB 61. By Senators Traylor of the 3rd, Lewis of the 21st, Turner of the 8th and others:
A bill to amend Code Section 95A-302, relating to powers and duties of the Department of Transportation, as amended, so as to provide for certain warning devices and restrictive devices on drawbridges in this State; to provide for minimum safety standards.
Referred to Committee on Transportation.

SB 62. By Senators Banks of the 17th, Lewis of the 21st, Barnes of the 33rd 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; to provide for a method of filling vacancies; to provide for meetings of the council.
Referred to Committee on Judiciary.

SB 63. By Senator Sutton of the 9th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to authorize all eligible employees of the Georgia Agrirama Development Authority to become members of the Employees' Retirement System of Georgia. Referred to Committee on Retirement.

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SB 64. By Senator Sutton of the 9th:
A bill to amend an Act creating the Georgia Agrirama Development Authority, so as to exempt the Authority from certain taxes. Referred to Committee on Banking, Finance and Insurance.

SB 65. By Senator Sutton of the 9th:
A bill to amend Code Section 95A-622, relating to management of real property acquired for public road purposes, so as to provide that the Department, county, or municipality having acquired real property for public road purposes may negotiate a lease with State or federal authorities without the requirement of sealed bids or leasing to the former owner.
Referred to Committee on Transportation.

SB 66. By Senator Sutton of the 9th:
A bill to amend an Act creating the Georgia Agrirama Development Authority, so as to provide the power of eminent domain over real, personal or mixed property, whether held privately or by a public service corporation. Referred to Committee on Judiciary.

SB 67. By Senators Langford of the 51st, Overby of the 49th, Howard of the 42nd and others:
A bill to amend Code Section 113-606 relating to probate of wills in common form in vacation, so as to provide that the order admitting a will to record shall be granted at any time during vacation when the probate of the will in common form is taken.
Referred to Committee on Judiciary.

SB 68. By Senator Howard of the 42nd:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, as amended, so as to change the corporate limits of the City of Atlanta. Referred to Committee on County and Urban Affairs.

SB 69. By Senator Hudgins of the 15th:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws of this State relative to game and fish, as amended, so as to provide that it shall be unlawful to own or use a trapping device commonly known and referred to as a "steel trap" for the purpose of capturing wild animals; to provide for a penalty. Referred to Committee on Natural Resources and Environmental Quality.

MONDAY, JANUARY 20, 1975

HI

SB 70. By Senators Bell of the 5th, Lester of the 23rd, Thompson of the 32nd and others:
A bill to prohibit municipal or county governments from requiring applicants for employment or employees to be residents of the municipali ty 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.
Referred to Committee on County and Urban Affairs.

SB 71. By Senator Traylor of the 3rd:
A bill to provide that the chairman of the board of commissioners in certain counties shall be elected by the qualified voters of the entire county; to provide procedures connected therewith. Referred to Committee on County and Urban Affairs.

SR 21. By Senators Langford of the 51st, Howard of the 42nd and Starr of the 44th:
A resolution proposing an amendment to the Constitution, so as to provide for the term(s) of office, election, nomination, and appointment of certain judges and justices; to provide for a Judicial Nominating Commission and the members, powers, duties, qualifications and terms thereof; to provide for eligibility for nomination or election as a justice of the Supreme Court, judge of the Court of Appeals, or judge of the Superior Court.
Referred to Committee on Judiciary.

SR 22. By Senators Stephens of the 36th, Garrard of the 37th, Hudson of the 35th and others:
A resolution urging the State Department of Education and the Depart ment of Public Safety to create a statewide "Officer Friendly" program. Referred to Committee on Education.

SR 23. By Senators Traylor of the 3rd, Turner of the 8th and Eldridge of the 7th: A resolution relative to the "Love Bug" infestation in Georgia.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 28. By Messrs. Mullinax of the 69th, Brown of the 34th and Carr of the 105th: A bill to amend an Act approved Mar. 29, 1937, known as the "Unemploy ment Compensation Law" (now Employment Security Law), so as to

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decrease until Dec. 31, 1976, the percent required for the national rate of insured unemployment affecting the on and off indicator in regard to extended benefits.
Referred to Committee on Industry, Labor and Tourism.

HB 47. By Messrs. Egan of the 25th and Murphy of the 18th:
A bill providing an additional method for the exercise of the power of eminent domain before a special master so as to change the compensation of the special master. Referred to Committee on Judiciary.
HB 57. By Mr. Howell of the 140th:
A bill to amend an Act creating the State Court of Early County so as to change the compensation of the judge of said court. Referred to Committee on County and Urban Affairs.
HB 58. By Mr. Howell of the 140th:
A bill to amend an Act creating the office of Tax Commissioner of Early County, so as to change the compensation of the Tax Com missioner. Referred to Committee on County and Urban Affairs.
HB 59. By Mr. Howell of the 140th:
A bill to abolish the present mode of compensating the Coroner of Early County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on County and Urban Affairs.
HB 71. Messrs. Hutchinson of the 133rd, McCollum of the 134th, Hatcher of the 131st and White of the 132nd:
A bill to amend an Act to create the Albany-Dougherty Payroll Develop ment Authority so as to provide authority for the issuance of certain revenue anticipation bonds. Referred to Committee on County and Urban Affairs.

HB 79. By Mr. Hudson of the 137th:
A bill to amend an Act creating a Board of Commissioners of Ben Hill County so as to provide that the Ben Hill County Commissioners may provide for a full time Administrative Officer for the County. Referred to Committee on County and Urban Affairs.

HB 87. By Messrs. Kreeger of the 21st, Howard of the 19th, and Nix of the 20th:
A bill to amend an Act providing for a tax on certain deeds, instruments, or other writings transferring real estate so as to provide that said tax

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113

shall not apply to any transfer of real estate between a husband and wife in connection with a divorce case.
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 and Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance and Insurance 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 recommendations:
HB 16. Do pass. Respectfully submitted, Holley of 22nd District, Chairman.

Senator Eldridge of the 7th 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 recommendations:
SR 4. Do pass by substitute.
Respectfully submitted, Eldridge of 7th District, Chairman.
The following bills and resolutions of the Senate were read the second time:

SB 6. By Senators Thompson of the 32nd, Carter of the 14th and Starr of the 44th:
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 April 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 8. By Senators Starr of the 44th and Carter of the 14th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974 (Ga. Laws 1974, p. 1045),

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so as to change the provisions relative to the age of children for begin ning school.

SB 16. By Senators Starr of the 44th, Langford of the 51st, Riley of the 1st and others:
A bill to amend an Act creating the Department of Public Safety so as to provide for a Uniform Division of the Department of Public Safety; to provide that members of the Uniform Div., license examiners, communications officers and recruits shall, with certain exceptions, be subject to the rules and regulations of the State Merit System of Personnel Administration.

SR 7. By Senator Kidd of the 25th:
A resolution to amend a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, approved Feb. 12, 1963 (Ga. Laws 1963, p. 486), as amended by a Resolution ap proved March 25, 1964 (Ga. Laws 1964, p. 744), so as to make certain changes in the membership thereof.

SR 8. By Senator Kidd of the 25th:
A resolution to repeal a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, ap proved Feb. 12, 1963 (Ga. Laws 1963, p. 486), as amended by a Resolu tion approved March 25, 1964 (Ga. Laws 1964, p. 744), to provide for effectiveness.

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

Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 81st Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

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Those not answering were Senators:

Ballard Barker

Holloway

Starr

Senator Young of the 13th introduced as chaplain, The Reverend W. G. Tyson, pastor, Isabella Baptist Church, Sylvester, Georgia, who offered scripture reading and prayer.

SENATE CALENDAR Monday, January 20, 1975

SB 1 Motorized Bicycle--registration and licensing SB 2 Motorized Bicycle--exempt from inspection requirements

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

SB 1. By Senator McGill of the 24th:
A bill to amend Code Chapter 68-1, relating to licenses, registration and operation of motor vehicles, as amended, so as to add a new Code Section 68-101.2 defining the term "motorized bicycle"; to amend Code Section 68-201, relating to registration and license of motor vehicles and chauffeurs, as amended, so as to exempt motorized bicycles from registration and licensing under 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st

Doss Eldridge Pincher Foster Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson

Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson

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Sutton Thompson Timmons Traylor

Turner Tysinger Warren Young

Those not voting were Senators:

Bond Duncan Garrard

Holloway Langford Starr

Summers Tate

On the passage of the bill, the yeas 48, nays 0.

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

SB 2. By Senator McGill of the 24th:
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, so as to exempt certain motorized bicycles from motor vehicle equipment and inspection requirements; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Gillis Hamilton of 26th

Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

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Those not voting were Senators:

Bond Duncan

Garrard

Hill

On the passage of the bill, the yeas were 52, nays 0.

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

Senator Coverdell of the 40th moved that the following bill of the Senate be withdrawn from the Committee on Banking, Finance and Insurance and com mitted to the Committee on County and Urban Affairs:

SB 10. By Senator Coverdell of the 40th:
A bill to provide that ad valorem, excise and other taxes, fees, service charges and assessments due to counties of this State having a popula tion of 600,000 or more according to the U. S. Decennial Census of 1970 or any future such census or to those municipalities lying wholly or partially within such a county having a population of 400,000 or more according to the U. S. Decennial Census of 1970.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 10 was withdrawn from the Committee on Banking, Finance and Insurance and com mitted to the Committee on County and Urban Affairs.

Senator Robinson of the 27th introduced as doctor of the day Dr. Beverly Sanders, Macon, Georgia.

The following resolution of the Senate was read and adopted:

SR 24. By Senator Hudson of the 35th:
A resolution to recognize and pay tribute to the mayor and other mun icipal officials and employees of Georgia for their valued and trusted service upon the occasion of the Seventeenth Annual Georgia Mayors' Day, January 20th, 1975.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

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

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Senate Chamber, Atlanta, Georgia Tuesday, January 21, 1975

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

Senator Young of the 13th reported that the journal of yesterday's 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 75. By Mr. Larsen of the 27th:
A bill to amend Code Chapter 26-23, relating to crimes involving abuse of governmental office so as to provide that the influencing of certain witnesses shall be unlawful.

HB 136. By Mr. Owens of the 77th:
A bill to create the Appling Water Authority in Columbia County, Georgia.

HB 137. By Messrs. Kreeger and Burruss of the 21st, Nix of the 20th and others:
A bill to amend an Act providing for a new Charter for the City of Marietta so as to change the corporate limits of said city.

HB 141. By Messrs. Kilgore of the 65th, Glanton and Parkman of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County so as to increase the number of members of the Board of Com missioners.

HB 142. By Messrs. Kilgore of the 65th, Glanton and Parkman of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County so as to provide for the recall of members of the Board of Com missioners.

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119

HB 143. By Messrs. Kilgore of the 65th, Glanton and Parkman of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County so as to change the method and procedures for filling vacancies in the membership of the Board of Commissioners.

HB 30. By Messrs. Mullinax of the 69th, Brown of the 34th, Carr of the 105th and others:
A bill to amend an Act approved Mar. 29, 1937, known as the "Unem ployment Compensation Law", (now Employment Security Law), so as to increase maximum weekly amounts; to establish a new statewide reserve ratio table for application to employer tax rates.

HB 10. By Messrs. Snow of the 1st, Sams of the 90th, Karrh of the 106th and others:
A bill to amend Code Section 9-9903, relating to the punishment for the unlawful practice of law, so as to change the punishment for the un lawful practice of law.

HB 18. By Messrs. Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A bill relating to reenactment and re-establishment of a fair plan to make essential property insurance available to all qualified applicants; to provide for an underwriting association of property insurers; to enable insurers to become eligible for federal reinsurance; to provide for a Riot Reinsurance Reimbursement Fund.

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

HR 67. By Messrs. Gignilliat of the 122nd, Wheeler of the 152nd and Irvin of the 10th: A resolution directing the Department of Human Resources to participate in certain programs relating to the toxoplasmosis disease.
The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:
HR 23. By Messrs. Knight of the 67th and Ware of the 68th: A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a Downtown Newnan Development Authority.
HR 27. By Messrs. Kilgore of the 65th, Glanton and Parkman of the 66th: A resolution proposing an amendment to the Constitution so as to pro vide for the recall of the Clerk of the Superior Court, the Judge of the

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Probate Court, the Sheriff, the Tax Commissioner, and the Coroner
of Douglas County, or any member of the Douglas County Board of Education.

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

SB 72. By Senators Ga'rrard of the 37th and Shapard of the 28th:
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 declara tion 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.
Referred to Committee on Human Resources.

SB 73. By Senators Stephens of the 36th and Bond of the 39th:
A bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pension to county employees, as amended. Referred to Committee on County and Urban Affairs.
SB 74. By Senators Stephens of the 36th and Bond of the 39th:
A bill to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pension to county employees, as amended, so as to authorize the retirement without penalty of individuals who shall be 55 years of age and have served 30 years. Referred to Committee on County and Urban Affairs.
SB 75. By Senator Bell of the 5th:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions relative to disability retire ment. Referred to Committee on Retirement.
SB 76. By Senators Bell of the 5th and Stumbaugh of the 55th:
A bill to amend an Act providing that a person eighteen years of age or over may donate his blood, so as to change the age required for making such donation. Referred to Committee on Human Resources.
SB 77. By Senator Gillis of the 20th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change the provisions relative to in creased retirement benefits of retired persons. Referred to Committee on Retirement.

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121

SB 78. By Senators Robinson of the 27th, Howard of the 42nd, Coverdell of the 40th and others:
A bill to amend the "Campaign Financing Disclosure Act", so as to change the short title of said Act; to provide for a declaration of addi tional policy and intent; to provide for additional definitions; to create a State Ethics Commission. Referred to Committee on Judiciary.

SB 79. By Senators Robinson of the 27th, Howard of the 42nd, Coverdell of the 40th and others:
A bill to be known as the "Georgia Financial Disclosure Act of 1975"; to provide for a short title; to provide for a declaration of policy; to provide for definitions; to create a State Ethics Commission; to provide for the composition and appointment of members and their terms of office, powers, duties, compensation, expenses and qualifications.
Referred to Committee on Judiciary.

SB 80. By Senators Traylor of the 3rd and Kidd of the 25th:
A bill relating to education; requiring all public high schools to give instruction to all students on the essentials and benefits of the free enterprise system; prescribing duties of the State Board of Education, the State Department of Education and the Boards of Education of each school district; to provide an effective date.
Referred to Committee on Education.

SB 81. By Senator Doss of the 52nd:
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. Referred to Committee on Judiciary.

SB 82. By Senators Tate of the 38th and Bond of the 39th:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to permit certain teachers an option of remaining a member or becoming a member of a local retirement fund. Referred to Committee on Retirement.

SR 25. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to abolish the present State Personnel Board and to provide for a new State Personnel Board which shall provide policy direction for a State Merit System of Personnel Administration; to provide for the sub mission of this amendment for ratification or rejection. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

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SR 27. By Senators Hamilton of the 26th, Riley of the 1st, Sutton of the 9th and others:
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 propose, by initiative petition, statutes and amendments to statutes and amendments to the Constitution and to enact or reject them at the polls; to provide procedures and restrictions connected therewith; to provide for initiative powers of registered voters of municipalities.
Referred to Committee on Rules.

SR 28. By Senators Tate of the 38th, Stumbaugh of the 55th, Bond of the 39th and others: A resolution to ratify the Equal Rights Amendment to the United States Constitution.
Referred to Committee on Judiciary.
The following bills and resolutions of the House were read the first time and referred to committees:

HB 10. By Messrs. Snow of the 1st, Sams of the 90th, Karrh of the 106th, and others:
A bill to amend Code Section 9-9903, relating to the punishment for the unlawful practice of law, so as to change the punishment for the unlaw ful practice of law.
Referred to Committee on Judiciary.

HB 18. Messrs. Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A bill relating to reenactment and re-establishment of a FAIR Plan to make essential property insurance available to all qualified applicants; to provide for an underwriting association of property insurers; to enable insurers to become eligible for federal reinsurance; to provide for a Riot Reinsurance Reimbursement Fund.
Referred to Committee on Banking, Finance and Insurance.

HB 30. By Messrs. Mullinax of the 69th, Brown of the 34th, Carr of the 105th and Knight of the 67th:
A bill to amend an Act approved Mar. 29, 1937, known as the "Unem ployment Compensation Law", (now Employment Security Law), so as to increase maximum weekly amounts; to establish a new statewide reserve ratio table for application to employer tax rates.
Referred to Committee on Industry, Labor and Tourism.

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123

HB 75. By Mr. Larsen of the 27th:
A bill to amend Code Chapter 26-23, relating to crimes involving abuse of governmental office so as to provide that the influencing of certain witnesses shall be unlawful. Referred to Committee on Judiciary.

HB 136. By Mr. Owens of the 77th:
A bill to create the Applying Water Authority in Columbia County, Georgia. Referred to Committee on County and Urban Affairs.

HB 137. By Messrs. Kreeger and Burruss of the 21st, Nix of the 20th and others:
A bill to amend an Act providing for a new Charter for the City of Marietta so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 141. By Messrs. Kilgore of the 65th, and Glanton and Parkman of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County so as to increase the number of members of the Board of Com missioners. Referred to Committee on County and Urban Affairs.

HB 142. By Messrs. Kilgore of the 65th, and Glanton and Parkman of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County so as to provide for the recall of members of the Board of Com missioners. Referred to Committee on County and Urban Affairs.

HB 143. By Messrs. Kilgore of the 65th, and Glanton and Parkman of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County so as to change the method and procedures for filling vacancies in the membership of the Board of Commissioners. Referred to Committee on County and Urban Affairs.

HR 23. By Messrs. Knight of the 67th and Ware of the 6th:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Newnan Development Authority. Referred to Committee on County and Urban Affairs.

HR 27. By Messrs. Kilgore of the 65th, and Glanton and Parkman of the 66th:
A resolution proposing an amendment to the Constitution so as to provide for the recall of the Clerk of the Superior Court, the Judge

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of the Probate Court, the Sheriff, the Tax Commissioner, and the Coroner of Douglas County, or any member of the Douglas County Board of Education.
Referred to Committee on County and Urban Affairs.

HR 67. By Messrs. Gignilliat of the 122nd, Wheeler of the 152nd and Irvin of the 10th:
A resolution directing the Department of Human Resources to participate in certain programs relating to the toxoplasmosis disease. Referred to Committee on Human Resources.

The following reports of standing committees were read by the Secretary:
Senator Broun of the 46th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 2. Do pass. Respectfully submitted, Broun of 46th District, Chairman.
Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 28. Do pass. Respectfully submitted, Ballard of 45th District, Chairman.
Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills

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125

and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 7. Do pass. SB 13. Do pass by substitute. SB 17. Do pass. SB 24. Do pass. SB 26. Do pass. SB 28. Do pass. SB 38. Do pass. SB 39. Do pass. SB 62. Do pass. SR 12. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

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

SR 4. By Senators Reynolds of the 48th, Riley of the 1st and Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to change certain provisions relating to sessions and procedures of the General Assembly; to provide for submission of this amendment for ratification or rejection.

HE 16. By Messrs. Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide that all named insureds in existing motor vehicle liability policies who have not previously responded to an offer to accept or reject the optional coverages required to be offered by the Act shall be given an opportunity to accept or reject, in writing, the optional coverages required to be offered.

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

Ballard Banks Barker Barnes

Bell Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th

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Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not answering were Senators Duncan and Hudgins.
Senator Tysinger of the 41st introduced as chaplain, The Reverend Robert Marshburn, pastor, Doraville Presbyterian Church, Doraville, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 26. By Senator Lewis of the 21st and 55 other Senators: A resolution commending the Honorable Hugh M. Gillis.
SR 29. By Senator Kennedy of the 4th: A resolution expressing regrets upon the death of Alfred G. Oliver.
SR 30. By Senator Lewis of the 21st and 55 other Senators: A resolution commending the Honorable Jay Carroll Cox.
SENATE CALENDAR Tuesday, January 21, 1975
SB 6 School Funds--extracurricular activities SB 8 Age for Beginning School--change (AM) SB 16 Public Safety Department--provide Uniform Division SR 1 EREG Senate Committee--changes in membership SR 8 Resolution Creating EREG Committee--repeal
The following general bills of the Senate, favorably reported by the com mittee, were read the third time and put upon their passage:

TUESDAY, JANUARY 21, 1975

127

SB 6. By Senators Thompson of the 32nd, Carter of the 14th and Starr of the 44th:
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 April 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 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter
Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Those not voting were Senators:

Duncan Fincher

Garrard Hill

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Hudgins Russell

On the passage of the bill, the yeas were 50, nays 0.

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

SB 8. By Senators Starr of the 44th and Carter of the 14th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974 (Ga. Laws 1974, p. 1045), so as to change the provisions relative to the age of children for beginning school.

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The Committee on Education offered the following amendment:

Amend SB 8 by inserting on Page 2, line 17, after the word "basis", the following:

"or in any event not later than September 1, 1978,".

On the adoption of the amendment, the yeas were 45, nays 4, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators: Dean of 31st and Hill.

Those not voting were Senators:

Duncan

Fincher

Hudgins

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

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

TUESDAY, JANUARY 21, 1975

129

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 35. By Mr. Linder of the 44th: A resolution designating Georgia Dental Health Day.

Senator Sutton of the 9th moved that the following bill of the Senate be withdrawn from consideration of the Senate:

SB 64. By Senator Sutton of the 9th:
A bill to amend an Act creating the Georgia Agrirama Development Authority, approved April 7, 1972 (Ga. Laws 1972, p. 1161) so as to exempt the Authority from certain taxes.

On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 64 was withdrawn from consideration of the Senate.

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

SB 16. By Senators Starr of the 44th, Langford of the 51st, Riley of the 1st and others:
A bill to amend an Act creating the Department of Public Safety so as to provide for a Uniform Division of the Department of Public Safety; to provide that members of the Uniform Division, license ex aminers, communications officers and recruits shall, with certain exceptions, be subject to the rules and regulations of the State Merit System of Personnel 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:

Banks Barker Barnes

Bell Bond Brantley

Broun of 46th Brown of 47th Carter

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Coverdell Dean of 6th Dean of 31st Doss Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell

Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators: Eldridge and Sutton.

Those not voting were Senators:

Ballard Duncan

Fincher

Hudgins

On the passage of the bill, the yeas were 50, nays 2.

The bill, having received the requisite constitutional majority, was passed.
Senator Shapard of the 28th moved that the following resolution be with drawn from consideration of the Senate:
SR 19. By Senators Shapard of the 28th and Banks of the 17th: A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Henry County to fix the salary, com pensation, expenses and allowances of certain county officers; to pro vide for the submission of this amendment for ratification or rejection.
On the motion, the yeas were 41, nays 0; the motion prevailed, and SR 19 was withdrawn from consideration of the Senate.
Senator Shapard of the 28th moved that the following resolution be with drawn from consideration of the Senate:
SR 20. By Senator Shapard of the 28th: A resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Spalding County to fix the salary, compensation, expenses and allowances of certain county officers; to provide for the submission of this amendment for ratification or rejec tion.

TUESDAY, JANUARY 21, 1975

131

On the motion, the yeas were 38, nays 0; the motion prevailed, and SR 20 was withdrawn from consideration of the Senate.

The following resolutions of the Senate, favorably reported by the committee, were read the third time and put upon their adoption:
SR 7. By Senator Kidd of the 25th: A resolution to amend a resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, approved Feb. 12, 1963 (Ga. Laws 1963, p. 486), as amended by a Resolution ap proved March 25, 1964 (Ga. Laws 1964, p. 744), so as to make certain changes in the membership thereof.
Senator Holloway of the 12th offered the following amendment: Amend SR 7 by changing the words "thirteen (13)" on line 23 to
"twelve (12)".
On the adoption of the amendment, the yeas were 44, 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

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Those not voting were Senators:

Duncan

Hudgins

Tate

On the adoption of the resolution, the yeas were 53, nays 0.

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

SR 8. By Senator Kidd of the 25th:
A resolution to repeal a resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government, ap proved Feb. 12, 1963 (Ga. Laws 1963, p. 486), as amended by a resolu tion approved March 25, 1964 (Ga. Laws 1964, p. 744), to provide for effectiveness.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators Duncan and Hudgins.

On the adoption of the resolution, the yeas were 53, nays 1.

TUESDAY, JANUARY 21, 1975

133

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

The following resolution of the House was read the first time and referred to a committee:

HR 35. By Mr. Linder of the 44th:
A resolution designating Georgia Dental Health Day. Referred to Committee on Rules.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned at 11:20 o'clock A.M. until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, January 22, 1975

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

Senator Young of the 13th reported that the journal of yesterday's 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 175. By Mr. Bray of the 70th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the Clerk of the Superior Court of Meriwether County.

HB 176. By Messrs. Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act creating the State Court of Clayton County so as to change the salary of the judge of said court; to prohibit the judge from engaging in the private practice of law.

HB 12. By Messrs. Snow of the 1st, Sams of the 90th, Irvin of the 23rd and others:
A bill to amend Code Section 89-9908, relating to indictments, present ments or accusations for malpractice by certain public officers or officials and their appearance before a grand jury so as to abolish the right of such officers and officials to make an unsworn statement to the grand jury.

HB 17. By Messrs. Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparation Act" so as to provide for additional definitions; to change certain definitions; to change the provisions relating to minimum in-

WEDNESDAY, JANUARY 22, 1975

135

surance coverage for motor vehicles; to change the provisions relating to survivors' benefits.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 83. By Senator Reynolds of the 48th:
A bill to amend Georgia Code Title 68A "The Uniform Rules of the Road"; to prescribe speed restrictions for any street, roadway, or high way of this State; to provide a basic rule; to provide for maximum speed limits; to provide for the establishment of State speed zones. Referred to Committee on Transportation.
SB 84. By Senator Starr of the 44th:
A bill to amend Code Chapter 84-11, relating to the practice of optometry, as amended, so as to increase the delinquency penalty for failure to renew registration annually. Referred to Committee on Human Resources.
SB 85. By Senator Starr of the 44th:
A bill to amend an Act known as the Georgia Administrative Procedure Act, as amended, so as to provide that an aggrieved party may appeal from an initial decision of an agency representative where agency review of the initial decision would not provide an adequate remedy or is un lawful. Referred to Committee on Judiciary.
SB 86. By Senator Kennedy of the 4th:
A bill to amend an Act establishing the State Employees Retirement System, as amended, so as to authorize the board of trustees to increase the normal and accrued contribution percentage rate of certain depart ments. Referred to Committee on Retirement.
SB 87. By Senator Kennedy of the 4th:
A bill to amend an Act fixing the terms of the Superior Court of Evans County, so as to change the provisions relative to such terms. Referred to Committee on County and Urban Affairs.
SB 88. By Senator Holloway of the 12th:
A bill to amend Code Section 79A-811, relating to certain prohibited acts, so as to provide that it shall be unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, ad minister, sell, or possess with intent to distribute marijuana. Referred to Committee on Judiciary.

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SB 89. By Senators Holloway of the 12th and Riley of the 1st:
A bill to amend an Act re-creating and reestablishing the Georgia Com mission for the National Bicentennial Celebration, as amended, so as to change the membership of said Commission; to provide an effective date.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 90. By Senator Tate of the 38th:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide increases in benefits for certain members based upon the cost of living. Referred to Committee on Retirement.

SB 91. By Senator Langford of the 51st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to change certain provisions relative to creditable service. Referred to Committee on Retirement.

SB 92. By Senators Pearce of the 16th and Hudgins of the 15th:
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 re muneration; to provide an effective date. Referred to Committee on Consumer Affairs.

SB 93. By Senators Coverdell of the 40th and Garrard of the 37th:
A bill to amend an Act providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, shall furnish pensions to officers and em ployees of such cities and for such other purposes set forth in the caption of said Act and the several Acts amendatory of said Act.
Referred to Committee on County and Urban Affairs.

SB 94. By Senators Riley of the 1st, McDowell of the 2nd and Traylor of the 3rd:
A bill to confer the power of eminent domain upon the Mayor and Aldermen of the City of Savannah for the purpose of acquiring and constructing electric and gas systems; to provide the procedures con nected therewith.
Referred to Committee on County and Urban Affairs.

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137

SB 95. By Senators McDowell of the 2nd, Riley of the 1st and Traylor of the 3rd:
A bill to amend Code Section 91-105A of Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Code", as amended, so as to permit the State Properties Commission to authorize such change (s) in the physical and natural features of the Property as may, in the discretion of the Commission, be in the best interests of the State.
Referred to Committee on Judiciary.

SB 96. By Senators Howard of the 42nd, Shapard of the 28th, Barnes of the 33rd and others:
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; to provide for an action for damages or equitable relief.
Referred to Committee on Banking, Finance and Insurance.

SB 97. By Senators Lester of the 23rd, Doss of the 52nd and Summers of the 53rd:
A bill to amend an Act establishing a retirement system for teachers in the State public schools and other State-supported schools, as amended, so as to provide for vesting of disability retirement and death benefits in persons withdrawing from service before age 60. Referred to Committee on Retirement.
SB 98. By Senators Lester of the 23rd, Doss of the 52nd and Summers of the 53rd:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to authorize certain optional retirement programs in lieu of the retirement system provided by said Act; to provide for all matters relative thereto. Referred to Committee on Retirement.
SB 99. By Senator Dean of the 31st:
A bill to amend Code Chapter 84-5, relating to the regulation of Chiro practic and the Board of Chiropractic Examiners, as amended, so as to change the compensation of the members of the board; to change certain license fees. Referred to Committee on Human Resources.
SB 100. By Senators Stephens of the 36th and Bond of the 39th:
A bill to provide for the compensation of the sheriff of certain counties, and the procedure in connection with the payment thereof; to provide for an effective date; to specifically repeal certain laws. Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

SB 101. By Senator Dean of the 31st:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to provide for an additional post-retirement benefit adjustment; to provide for other matters relative thereto. Referred to Committee on Retirement.

SB 102. By Senators Duncan of the 30th, Carter of the 14th, Holloway of the 12th and others:
A bill to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions relative to creditable service necessary for eligibility for retirement; to change the provisions relative to retirement benefits. Referred to Committee on Retirement.

SB 103. By Senators Stephens of the 36th and Bond of the 39th:
A bill to amend an Act entitled "An Act to provide for the retirement of the judges and solicitor-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County, and the judge of the Juvenile Court of Fulton County", as amended. Referred to Committee on Retirement.

SB 104. By Senator Howard of the 42nd:
A bill to amend Code Section 88-508.2, relating to expenses for hearings held as a part of incompetency proceedings, as amended, so as to change certain fees; to provide an effective date. Referred to Committee on Judiciary.

SB 105. By Senators Lester of the 23rd, Riley of the 1st, Holley of the 22nd and others:
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. Referred to Committee on Banking, Finance and Insurance.

SB 106. By Senator Howard of the 42nd:
A bill to amend Code Chapter 88-17, relating to vital records, as amended, so as to provide certain criteria for pronouncing a person dead; to pro vide for independent confirmation of death; to provide that persons acting in good faith under the provisions of this Act shall not be liable for civil damages or criminal prosecution.
Referred to Committee on Judiciary.

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139

SB 107. By Senators Langford of the 51st, Starr of the 44th and Howard of the 42nd:
A bill to amend the "Georgia Criminal Justice Act", so as to create the Georgia Criminal Justice Council; to provide for membership of the Council, their qualifications, appointment, election, compensation, ex penses, terms of office, succession, duties, powers, purposes, authority and responsibilities; to provide for the allocation of expenses and costs; to provide for representation in State and federal courts.
Referred to Committee on Judiciary.

SB 108. By Senator Howard of the 42nd:
A bill to amend Code Chapter 113-15, relating to the collecting, pre serving and managing an estate, and paying debts, as amended, so as to provide that certain death benefits payable to the trustee of a testamen tary trust shall not inure to the benefit of the decedent's estate for the purpose of paying debts, taxes, administration expenses or other obligations of the decedent or his estate or for any other purpose bene fiting the decedent's estate.
Referred to Committee on Judiciary.

SB 109. By Senators Lewis of the 21st, Young of the 13th, Pearce of the 16th and others:
A bill to amend an Act creating the office of Solicitor General (now District Attorney) emeritus and creating a retirement fund, as amended, so as to provide for eligibility for appointment and for retirement benefits, and for payments into the fund.
Referred to Committee on Retirement.

SB 110. By Senator Howard of the 42nd:
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. Referred to Committee on Judiciary.

SB 111. By Senator Holloway of the 12th:
A bill to amend Code Section 47-107, relating to the salary and allow ances of members of the General Assembly, as amended, so as to pro vide for compensation for the Administration Floor Leader and Assistant Floor Leaders of the Senate and Administration Floor Leader and Assistant Administration Floor Leaders of the House of Representatives. Referred to Committee on Rules.

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SB 112. By Senator Lester of the 23rd:
A bill to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County. Referred to Committee on County and Urban Affairs.

SB 113. By Senator Riley of the 1st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to clarify provisions defining an appellate court judge; to provide benefits for persons who are unable to complete 10 years of service as an appellate court judge prior to attaining age seventy (70); to change certain provisions relative to a full or completed year of service as an appellate court judge; to provide an effective date.
Referred to Committee on Retirement.

SB 114. 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. Referred to Committee on Education.
SB 115. By Senator Lewis of the 21st:
A bill to amend an Act establishing the State Employees' Retirement System, as amended, so as to change retirement requirements and benefits for certain personnel of the Department of Natural Resources and the Department of Revenue. Referred to Committee on Retirement.
SB 116. By Senator Tysinger of the 41st:
A bill to amend an Act relating to the introduction of bills relative to retirement, pensions and emeritus systems and requiring fiscal notes therefor, as amended, so as to require actuarial studies on such bills; to provide for the costs of such studies. Referred to Committee on Retirement.
SB 117. By Senator Summers of the 53rd:
A bill to amend an Act incorporating the Town of Trion in the County of Chattooga, as amended, so as to provide for increasing the length of the terms of the mayor, recorder and five members of the town council as the governing body of the Town of Trion. Referred to Committee on County and Urban Affairs.
SB 118. By Senators Barker of the 18th, Hudgins of the 15th and Lewis of the 21st:
A bill to amend an Act providing for the issuance of automobile tags to disabled veterans, as amended, so as to provide for the issuance of

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free motor vehicle license tags to certain wartime veterans who were discharged under honorable conditions.
Referred to Committee on Defense and Veterans Affairs.

SB 119. By Senator Broun of the 46th:
A bill to amend Code Section 26-1902, relating to armed robbery, as amended, so as to change the penalty for the offense of armed robbery. Referred to Committee on Judiciary.

SB 120. By Senators Tate of the 38th and Dean of the 31st:
A bill to amend an Act establishing the Teachers' Retirement System of Georgia, as amended, so as to change the provisions relative to the composition of the Board of Trustees; to provide an effective date. Referred to Committee on Retirement.
SR 31. By Senators Shapard of the 28th, Foster of the 50th, Banks of the 17th and others:
A resolution proposing an amendment to the Constitution, so as to provide that the salary and allowances of the members of the General Assembly shall not be increased during the term to which they are elected; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Rules.
SR 32. By Senators Kennedy of the 4th and Traylor of the 3rd:
A resolution proposing an amendment to the Constitution, so as to provide for the payment of retirement benefits to eligible members of the Georgia National Guard; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Retirement.
SR 33. By Senator Tate of the 38th:
A resolution proposing an amendment to the Constitution, so as to change the composition of the State Board of Education; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Education.
SR 34. By Senators Barker of the 18th, Hudgins of the 15th and Lewis of the 21st:
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.

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SR 35. By Senators Barker of the 18th, Young of the 13th, Robinson of the 27th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing an address by Major General Ralph T. Holland. Referred to Committee on Rules.

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

HB 12. Messrs. Snow of the 1st, Sams of the 90th, Karrh of the 106th and others:
A bill to amend Code Section 89-9908, relating to indictments, pre sentments or accusations for malpractice by certain public officers or officials and their appearance before a grand jury so as to abolish the right of such officers and officials to make an unsworn statement to the grand jury.
Referred to the Committee on Judiciary.

HB 17. By Messrs. Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide for additional definitions; to change " certain definitions; to change the provisions relating to minimum in surance coverage for motor vehicles; to change the provisions relating to survivors' benefits. Referred to the Committee on Banking, Finance and Insurance.

HB 175. By Mr. Bray of the 70th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the Clerk of the Superior Court of Meriwether County. Referred to the Committee on County and Urban Affairs.

HB 176. By Messrs. Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act creating the State Court of Clayton County so as to change the salary of the judge of said court; to prohibit the judge from engaging in the private practice of law. Referred to the Committee on County and Urban Affairs.

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

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143

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:

Mr. President:

Your Committee on Banking, Finance and Insurance 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 36. Do pass.
SB 37. Do pass.

Respectfully submitted, Holley of 22nd District, Chairman.

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism 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 30. Do pass as amended.
Respectfully submitted, Ballard of 45th District, Chairman.

Senator Overby of the 49th 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 following recommendations:
SB 11. Do pass. SB 52. Do pass. SB 60. Do pass. SB 67. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

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Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. President:

Your Committee on Transportation has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 65. Do pass.

Respectfully submitted, Reynolds of 48th District, Chairman.

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

SB 7. By Senator Starr of the 44th:
A bill to amend Code Section 59-120, relating to the compensation of court bailiffs and payment of expense allowance to jurors, as amended, so as to change the maximum compensation of bailiffs; to provide an effective date.

SB 13. By Senators Coverdell of the 40th and Howard of the 42nd:
A bill to amend Code Chapter 34-10 of the "Ga. Election Code", relating to the nomination of candidates, as amended, so as to prohibit any per son from qualifying with any political party as a candidate for nominaation to any public office when such person has previously qualified, during the same calendar year, with another political party as a candidate for nomination by that party for any public office.

SB 17. By Senator Lewis of the 21st:
A bill to amend Code Section 26-2501, relating to escape, as amended, so as to redefine escape from lawful custody; to amend an Act providing for payment of costs of cases and expenses of trials involving inmates of the State Prison System, approved Mar. 11, 1964 (Ga. L. 1964, p. 462) so as to provide for payment by the Dept. of Offender Rehabilita tion of costs and expenses in certain escape cases and trials.

SB 24. By Senators Lester of the 23rd, Overby of the 49th and Langford of the 51st:
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.

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145

SB 26. By Senators Thompson of the 32nd, Howard of the 42nd and Robinson of the 27th:
A bill to repeal Code Chapter 23-24, relating to relief for poor Con federate soldiers.

SB 28. By Senators Thompson of the 32nd, Howard of the 42nd and Robinson of the 27th:
A bill to amend Code Chapter 84-20, relating to peddlers, as amended, so as to repeal certain provisions relating to Confederate soldiers.

SB 38. By Senator Overby of the 49th:
A bill to amend Code Section 92-6202.1, relating to the automatic return of property for taxation and claiming certain exemptions, as amended by an Act approved March 12, 1970 (Ga. Laws 1970', p. 278), so as to provide for the automatic return of property for taxation and the claim ing of certain exemptions in certain municipalities of this State.

SB 39. By Senators Thompson of the 32nd, Howard of the 42nd and Ballard of the 45th:
A bill to provide for proof of publication of legal notices or advertise ments; to define certain terms; to provide procedures connected there with; to provide exceptions.

SB 62. By Senators Banks of the 17th, Lewis of the 21st, Barnes of the 33rd 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; to provide for a method of filling vacancies; to provide for meetings of the council.

SR 12. By Senators Coverdell of the 40th, Garrard of the 37th and Warren of the 43rd:
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.

HB 2. By Mr. Colwell of the 4th:
A bill to provide for the Department of Offender Rehabilitation a sup plementary appropriation for the remainder of the fiscal year ending June 30, 1975, in addition to any other appropriations heretofore or hereafter made for the operation of the Department and the purposes provided for herein; to confer certain responsibilities upon the Office of Planning and Budget.

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JOURNAL OF THE SENATE,

HB 28. By Messrs. Mullinax of the 69th, Brown of the 34th and Carr of the 106th:
A bill to amend an Act approved March 29, 1937, known as the "Unem ployment Compensation Law" (now Employment Compensation Law), so as to decrease until December 31, 1976, the percent required for the national rate of insured unemployment affecting the on and off indicator in regard to extended benefits.

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

Ballard Banks Barker Bawies Bell Bond Brantley
Broun of 46th
Brown of 47th Carter
Coverdell Dean of 31st
Doss Duncan
Eldridge
Fincher
Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard
Hudson
Kennedy Kidd
Langford
Lewis McDowell
McDuffie
McGill
Overby
Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers
Sutton
Tate Thompson
Timmons
Traylor
Turner Tysinger
Warren
Young

Those not answering were Senators:

Dean of 6th

Hudgins

Lester

Senator Stumbaugh of the 55th introduced as chaplain, The Reverend Jerry Porter, pastor, Decatur Church of Christ, Decatur, Georgia, who offered scripture reading and prayer.

SENATE CALENDAR Wednesday, January 22, 1975 SR 4 General Assembly--change sessions and procedures (SUB) HB 16 Auto Liability Policies--optional coverages

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

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147

SR 4. By Senators Reynolds of the 48th, Riley of the 1st and Broun of the 46th:

A RESOLUTION

Proposing an amendment to the Constitution so as to change certain provisions relating to sessions and procedures of the General Assembly; 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 III, Section IV, Paragraph III of the Constitu tion is hereby amended by striking said Paragraph in its entirety and substituting in lieu thereof a new Paragraph III, to read as follows:

"Paragraph III. Meeting; time limit; adjournment. The Gen eral Assembly shall meet in regular session on the second Monday in January, 1977, and every year thereafter, for no longer than three days to organize, to receive the proposed General Appropria tions Bill, and to attend to other matters, and reconvene on the second Monday in February of each year for no longer than fortytwo days. By concurrent resolution adopted by a majority of mem bers elected to both Houses of the General Assembly, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than forty-five days in the aggregate in any year during the terms for which members were elected. In the interim period, between the third day after the second Monday in January and the second Monday in February, bills and resolutions may continue to be introduced and referred to committee, and the standing committees shall continue to exist and shall be authorized to receive bills and resolutions, to conduct inquiries and meetings concerning matters before each such committee and to take ac tions thereon. No bill or resolution shall be introduced after the thirty-first day in regular session after the second Monday in Feb ruary; provided, that resolutions necessary to the proper and ef ficient functioning of either House or of the General Assembly, resolutions necessary to the adjournment of either House or of the General Assembly and resolutions which do not have the force of law may be introduced. All business pending in the Senate or House at the adjournment of any regular session may be considered at any regular session of the same General Assembly, as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extra ordinary session, or the duty of the Governor to convene the Gen eral Assembly in extraordinary session upon the certificate of threefifths of the members elected to the Senate and the House of Repre sentatives as provided in Article V, Section I, Paragraph XII of this Constitution. If any impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in
session until such trial is completed."

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JOURNAL OF THE SENATE,

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, 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 annual forty-five day sessions of the
( ) NO General Assembly and to place certain restric tions on the introduction of bills and resolutions?"

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 Rules offered the following substitute to SR 4:
A RESOLUTION
Proposing an amendment to the Constitution so as to change certain provisions relating to sessions and procedures of the General Assembly; to provide for submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article III, Section IV, Paragraph III of the Constitution is hereby amended by striking said Paragraph in its entirety and substi tuting in lieu thereof a new Paragraph III, to read as follows:
"Paragraph III. Meeting; time limit; adjournment. The Gen eral Assembly shall meet in regular session on the second Monday in January, 1977, and every year thereafter, for no longer than three days to organize, to receive the proposed General Appropria tions Bill, and to attend to other matters, and reconvene on the second Monday in February of each year for no longer than fortytwo days. By concurrent resolution adopted by a majority of mem bers elected to both Houses of the General Assembly, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than forty-five days in the aggregate in any year during the terms for which members were elected. In the interim period, between the third day after the second Monday in January and the second Monday in February, bills and resolutions may continue to be introduced and referred to committee, and the standing committees shall continue to exist and shall be authorized

WEDNESDAY, JANUARY 22, 1975

149

to receive bills and resolutions, to conduct inquiries and meetings concerning matters before each such committee and to take actions thereon. No bill or resolution shall be introduced after the thirtyfirst day in regular session after the second Monday in February; provided, that resolutions necessary to the proper and efficient functioning of either House or of the General Assembly, resolu tions necessary to the adjournment of either House or of the Gen eral Assembly and resolutions which do not have the force of law may be introduced; and provided, further, that either House may, by a vote of two-thirds or more of the membership of that House, permit the introduction of a bill or resolution after the said thirtyfirst day. All business pending in the Senate or House at the adjourn ment of any regular session may be considered at any regular session of the same General Assembly, as if there had been no ad journment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and the House of Representatives as provided in Article V, Section I, Paragraph XII of this Consti tution. If any impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed."

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 im prove the efficiency of the General Assembly by permitting annual forty-five day sessions, by requiring an interim period of adjournment
( ) NO after the third day of any session during which bills may be introduced and committees may meet and act, and by prohibiting the introduction of certain bills and resolutions during the final ten days of a session?"

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 Reynolds of the 48th moved that SR 4 be postponed for thirty minutes until 11:30 o'clock A.M.

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JOURNAL OP THE SENATE,

On the motion, the yeas were 48, nays 0; the motion prevailed, and SR 4 was postponed until 11:30 o'clock A.M.

HB 16. By Messrs. Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide that all named insureds in existing motor vehicle liability policies who have not previously responded to an offer to accept or reject the optional coverages required to be offered by the Act shall be given an opportunity to accept or reject, in writing, the optional coverages required to be offered.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators Dean of the 6th and Duncan.

On the passage of the bill, the yeas were 54, nays 0.

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

Senator Starr of the 44th moved that HB 16 be immediately transmitted to the House.

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151

On the motion the yeas were 48, nays 0; the motion prevailed, and HB 16 was immediately transmitted to the House.

The President announced the Senate would stand in recess from 11:05 o'clock A.M. until 11:30 o'clock A.M.

The President called the Senate to order at 11:30 o'clock A.M.

Senator Reynolds of the 48th moved that the following resolution of the Senate be tabled:

SR 4. By Senators Reynolds of the 48th, Riley of the 1st and Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to change certain provisions relating to sessions and procedures of the General Assembly; to provide for submission of this amendment for ratification or rejection.

On the motion, the yeas were 41, nays 0; the motion prevailed, and SR 4 was tabled.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned at 11:35 o'clock A.M. until 10:00 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Thursday, January 23, 1975

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 Holloway of the 12th.

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

HB 187. By Messrs. Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections.

HB 199. By Mr. Howell of the 140th:
A bill to amend an Act creating the Board of Commissioners of Miller County so as to provide that the Clerk of the Superior Court shall not serve as the Clerk of the board of Commissioners.

HB 200. By Mr. Howell of the 140th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Miller County, known as the fee system; to provide in lieu thereof an annual salary for such officer.

HB 201. By Mr. Howell of the 140th:
A bill to amend an Act creating the State Court of Miller County so as to place the solicitor of said court upon an annual salary.

HB 202. By Mr. Howell of the 140th:
A bill to amend an Act placing the Sheriff of Miller County upon an annual salary so as to change the compensation of the sheriff.

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153

HB 204. By Messrs. Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act establishing a new Charter for the City of Louis ville so as to change the qualifying fees of candidates for Mayor and Councilman.

HB 205. By Messrs. Triplett of the 128th, Jones of the 126th, Chance of the 129th and others:
A bill to amend an Act incorporating the City of Port Wentworth so as to extend the corporate limits of said City and annex and incorporate certain additional land into said city.

HB 212. By Mr. Bray of the 70th: A bill to create the Meriwether County Water and Sewerage Authority.

HB 54. By Messrs. Phillips of the 120th and Ross of the 76th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to change the provisions relative to the age of children for beginning school.

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

SB 121. By Senator Overby of the 49th:
A bill to amend an Act relating to the Department of Revenue and administration of the tax laws, as amended, so as to provide that the Attorney General shall furnish such legal services as may be necessary. Referred to Committee on Judiciary.

SB 122. By Senator Overby of the 49th:
A bill to amend the "Georgia Administrative Procedure Act", as amended, so as to create the Office of State Administrative Judge; establish duties, powers and authority of the State Administrative Judge; provide for judicial and appellate review of cases from the Office of State Administrative Judge. Referred to Committee on Judiciary.

SB 123. By Senator Overby of the 49th:
A bill to amend an Act known as the "Soil Conservation Districts Law", as amended, so as to provide that the Attorney General shall provide the only legal services required by the State Soil Conservation Committee. Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

SB 124. By Senators Pearce of the 16th and Hudgins of the 15th:
A bill to repeal an Act providing for the compensation of the Judge of the Juvenile Court of certain counties of this State; to provide an effective date. Referred to Committee on Judiciary.

SB 125. By Senators Buncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A bill to amend Code Section 57-101, relating to the legal rate of interest, so as to change the legal rate of interest allowable by contract; to authorize a lender to charge a service fee on any loan in addition to interest; to provide an effective date. Referred to Committee on Banking, Finance and Insurance.

SB 126. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A bill to amend Code Section 57-116, relating to the legal rate of interest on loans repayable in monthly, quarterly or yearly installments, as amended, so as to change the legal rate of interest on such loans; to authorize lenders to charge a service fee on such loans in addition to interest.
Referred to Committee on Banking, Finance and Insurance.

SB 127. By Senator Langford of the 51st:
A bill to amend Code Section 79A-402, relating to qualifications of applicants for registration as pharmacists, as amended, so as to change the qualifications of applicants for registration as pharmacists; to provide an effective date. Referred to Committee on Human Resources.

SB 128. By Senator Kidd of the 25th:
A bill to provide that Sheltered Workshops in the Department of Human Resources shall be authorized to accrue surplus funds; to designate surplus funds as reserve funds; to provide that such surplus or re serve funds shall not lapse to the State treasury. Referred to Committee on Human Resources.

SB 129. By Senator Kidd of the 25th:
A bill to amend Code Title 56, relating to the regulation of the insurance industry, as amended, so as to provide that no group policy of accident and sickness insurance offered for sale in this State shall be issued or renewed after the effective date of this Act by any insurer or hospital service non-profit corporation (Chapter 56-17) or medical service non profit corporation (Chapter 56-18) transacting business in this State.
Referred to Committee on Banking, Finance and Insurance.

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155

SB 130. By Senator Kidd of the 25th:
A bill to amend an Act regulating the practice of professional sanitar ians, as amended, so as to provide that it shall be unlawful to employ any person as a sanitarian trainee or as a sanitarian, who has not met the educational requirements for registration as a Registered Profes sional Sanitarian under the provisions of this Act.
Referred to Committee on Natural Resources and Environmental Quality.

SB 131. By Senator Kidd of the 25th:
A bill to completely and exhaustively revise, supersede and consolidate the laws relating to the State Personnel Board and the State Merit System of Personnel Administration; to provide for a declaration of purpose; to define certain terms; to prescribe the functions, powers and duties of the board.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 132. By Senators Summers of the 53rd, Langford of the 51st, Pincher of the 54th and others:
A bill to amend Code Chapter 85-4, relating to obtaining title to property by prescription, so as to provide an additional method for obtaining good title to property by adverse possession in regard to certain classes of property; to provide the procedures connected therewith; to provide for all matters relative to the foregoing.
Referred to Committee on Judiciary.

SB 133. By Senator Howard of the 42nd:
A bill to amend Code Chapter 4-2, relating to relations between principal and agent, as amended, so as> to provide that the power of attorney is not revoked by death of the principal until the agent has actual knowl edge of his principal's death; to provide for redesignation of certain provisions.
Referred to Committee on Judiciary.

SB 134. By Senator Barnes of the 33rd:
A bill to create and establish an office of State prosecutor in the depart ment of law; to provide definitions and rules of construction; to set forth the functions, powers, and duties of the office of State prosecutor. Referred to Committee on Judiciary.

SB 135. By Senator Barnes of the 33rd:
A bill to amend Code Title 26, known as the Criminal Code of Georgia, as amended, so as to create a new Code Chapter to be designated as Code Chapter 26-34, relating to loan sharking. Referred to Committee on Banking, Finance and Insurance.

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SB 136. By Senator Barnes of the 33rd:
A bill to amend an Act known as the "Executive Reorganization Act of 1972", as amended, so as to provide additional specific investigative and arrest powers for the Georgia Bureau of Investigation. Referred to Committee on Judiciary.

SB 137. By Senator Barnes of the 33rd:
A bill to authorize the Attorney General and the District Attorneys of Georgia, upon approval of a Superior Court Judge, to grant immunity from prosecution in criminal proceedings; to provide that the immunity from prosecution does not cover perjury or contempt committed while giving evidence. Referred to Committee on Judiciary.

SB 138. By Senator Starr of the 44th:
A bill to amend Code Title 93, relating to the Georgia Public Service Commission, so as to create the Office of Consumers' Utility Counsel; to provide for the appointment, compensation, expenses, qualifications, term, duties and powers of the Consumers' Utility Counsel. Referred to Committee on Consumer Affairs.

SB 139. By Senator Traylor 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 change the provisions relating to bond requirements pertaining to owners of commercial fishing boats. Referred to Committee on Natural Resources and Environmental Quality.

SB 140. By Senator Traylor of the 3rd:
A bill to prohibit elected officers of certain counties from holding a municipal office; to prohibit elected municipal officers in said counties from holding a county office; to provide for other matters relative thereto; to provide for intent; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 141. By Senators Starr of the 44th, Holloway of the 12th, Howard of the 42nd and others:
A bill to amend the "Campaign Financing Disclosure Act", so as to change the short title of said Act; to change certain definitions; to provide for additional definitions; to provide for the reporting of all expenditures. Referred to Committee on Judiciary.

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157

SR 36. By Senators Holloway of the 12th, Reynolds of the 48th and Dean of the 31st:
A resolution creating a special Study Commission to inquire into and propose solutions to all matters related to a potential fluctuation of State gasoline tax revenues; to provide for appointments to the Com mission; to prescribe the duties of the Commission; to provide for the dissolution of the Commission.
Referred to Committee on Transportation.

SR 37. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to change the terms of office of the Public Service Commissioners; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Public Utilities.

SR 38. By Senators Hudgins of the 15th and Pearce of the 16th:
A resolution urging the State Department of Transportation to continue design and actual work studies on the West Georgia Tollway. Referred to Committee on Transportation.

SR 39. By Senators Hudgins of the 15th, Pearce of the 16th, Stephens of the 36th and others:
A resolution proposing an amendment to the Constitution, so as to increase the homestead exemption of veterans to $17,500, who have received a grant from the Veterans Administration of the United States to purchase a house specially adapted or designed for handicapped per sons; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Banking, Finance and Insurance.
The following bills of the House were read the first time and referred to committees:
HB 54. By Messrs. Phillips of the 120th and Ross of the 76th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to change the provisions relative to the age of children for beginning school. Referred to Committee on Education.
HB 187. By Messrs. Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide for a board of elections in certain counties (population 55,110-56,000) ; to define its powers and duties concerning primaries and elections. Referred to Committee on County and Urban Affairs.

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HB 199. By Mr. Howell of the 140th:
A bill to amend an Act creating the Board of Commissioners of Miller County so as to provide that the Clerk of the Superior Court shall not serve as the Clerk of the board of commissioners. Referred to Committee on County and Urban Affairs.

HB 200'. By Mr. Howell of the 140th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Miller County, known as the fee system; to provide in lieu thereof an annual salary for such officer. Referred to Committee on County and Urban Affairs.

HB 201. By Mr. Howell of the 140th:
A bill to amend an Act creating the State Court of Miller County so as to place the solicitor of said court upon an annual salary. Referred to Committee on County and Urban Affairs.

HB 202. By Mr. Howell of the 140th:
A bill to amend an Act placing the sheriff of Miller County upon an annual salary so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 204. By Messrs. Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act establishing a new Charter for the City of Louisville so as to change the qualifying fees of candidates for Mayor and Councilman. Referred to Committee on County and Urban Affairs.

HB 205. By Messrs. Triplett of the 128th, Jones of the 126th, Chance of the 129th, Taggart of the 125th, Blackshear of the 123rd and Battle of the 124th:
A bill to amend an Act incorporating the City of Port Wentworth 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 212. By Mr. Bray of the 70th:
A bill to create the Meriwether County Water and Sewerage Authority. Referred to Committee on County and Urban Affairs.

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

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159

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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 50. Do pass.
Respectfully submitted, McGill of 24th District, Chairman.

Senator Stephens of the 3th District, Chairman of the Committee on Con sumer Affairs, submitted the following report:

Mr. President:

Your Committee on Consumer 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 51. Do pass.
Respectfully submitted, Stephens of 36th District, Charman.

Senator Garrard of the 37th 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 70. Do pass.
Respectfully submitted, Garrard of 37th District, Chairman.

Senator Garrard of the 37th 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,

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as Chairman, to report the same back to the Senate with the following recom mendations :
SB 22. Do pass. SB 30. Do pass. SB 58. Do pass. SB 71. Do pass. HB 6. Do pass. HB 42. Do pass. HB 57. Do pass. HB 58. Do pass. HB 59. Do pass. HB 71. Do pass. HB 79. Do pass. HB 136. Do pass. SR 11. Do pass. HR 23. Do pass.
Respectfully submitted, Garrard of 37th District, Chairman.

Senator Carter of the 14th District, Chairman of the Committee on Educa tion, submitted the following report:
Mr. President:
Your Committee on Education 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 25. Do not pass.
SR 22. Do pass. Respectfully submitted, Carter of 14th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources has had under consideration the follow-

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161

ing bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 21. Do pass by substitute. SB 41. Do pass. SB 72. Do pass. SB 76. Do pass.

Respectfully submitted, Fincher of 54th District, Chairman.

Senator Eldridge of the 7th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 35. Do pass by substitute. HR 36. Do pass.
Respectfully submitted, Eldridge of 7th District, Chairman.

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

SB 11. By Senators Reynolds of the 48th and Brown of the 47th:
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 36. By Senator Riley of the 1st:
A bill to amend Section 89-811 of the Code of Georgia of 1933, relating to the designation of solvent banks as depositories of all county monies and monies belonging to the school funds of the counties and of school districts therein, and of other districts therein organized for any purpose, so as to provide that federal savings and loan associations, or State chartered building and loan associations, may also be utilized as depositories of county monies and the other types of funds and monies hereinabove described.

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SB 37. By Senator Overby of the 49th:
A bill to amend an Act providing for the registration and regulation of cemeteries, approved Apr. 4, 1969 (Ga. L. 1969, p. 242), as amended, so as to provide that assets of the trust funds required to be established by perpetual care cemeteries and which are held by a State bank or national bank or trust company qualified to act as fiduciaries in this State may be invested in common trust funds maintained by such State bank or national bank or trust company.

SB, 52. By Senator Holloway of the 12th:
A bill to amend Code Section 113-1508, relating to priority of claims against the estate of a decedent, so as to include the funeral expenses of a deceased person who leaves a surviving spouse as a claim against the estate; to provide an effective date.

SB 60. By Senators Turner of the 8th, Russell of the 10th, Sutton of the 9th and Eldridge of the 7th:
A bill to add one additional judge of the Superior Courts of the Southern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of succes sors to the judge initially appointed.

SB 65. By Senator Sutton of the 9th:
A bill to amend Code Section 95A-622, relating to management of real property acquired for public road purposes, so as to provide that the Department, county, or municipality having acquired real property for public road purposes may negotiate a lease with State or federal author ities without the requirement of sealed bids or leasing to the former owner.

SB 67. By Senators Langford of the 51st, Overby of the 49th, Howard of the 42nd and others:
A bill to amend Code Section 113-606 relating to probate of wills in common form in vacation, so as to provide that the order admitting a will to record shall be granted at any time during vacation when the probate of the will in common form is taken.

HB 30. By Messrs. Mullinax of the 69th, Brown of the 34th 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 weekly amounts; to establish a new state wide reserve ratio table for application to employer tax rates.

Senator Holloway of the 12th, who was presiding, ordered the morning roll call, and the following Senators answered to their names:

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163

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not answering were Senators:

Duncan Holloway (presiding)

Langford Russell.

Starr

Senator Bell of the 5th introduced as chaplain, Dr. Max Milligan, pastor, Clairmont Presbyterian Church, Decatur, Georgia, who offered scripture reading and prayer.

The following general resolutions of the Senate and House, favorably reported by the committee, were read and adopted:

SR 35. By Senators Barker of the 18th, Young of the 13th, Robinson of the 27th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing an address by Major General Ralph T. Holland.

The Committee on Rules offered the following substitute to SR 35:
A RESOLUTION
Calling a session of the Senate for the purpose of hearing an address by Major General Ralph T. Holland; and for other purposes.
WHEREAS, Major General Ralph T. Holland, Commander of the Warner Robins Air Logistics Center, is responsible for logistics support for maintenance of C-130 and C-141 aircraft, which are manufactured in Georgia by Lockheed Aircraft Company; and

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^ WHEREAS, he was born in Cedartown, where he graduated from high school; attended West Georgia College in Carrollton, and received a Bachelor of Arts Degree in Business Management from Emory Uni-
- yersity; and

WHEREAS, he is known throughout the world for his outstanding abilities as a logistics expert and for his dedicated service to his country; and

WHEREAS, he has served with distinction in flying missions in numerous aircraft, including the B-29, B-52 and the KC-135 Tanker; and

WHEREAS, following various command assignments with the Strategic Air Command, he was appointed Vice Commander of the Warner Robins Air Logistics Center at Robins Air Force Base, Georgia, in August, 1969; became Deputy Commander of the 7th Air Force in Vietnam in September, 1972; and was transferred to his present position as Commander of the Warner Robins Air Force Base on August 19, 1974; and

WHEREAS, his meritorious service has been recognized through the award of numerous military decorations, including the Distinguished Service Medal, the Legion of Merit, the Distinguished Flying Cross and the Air Medal; and

WHEREAS, he is in command of one of Georgia's largest industries, employing over 22,000 people, and has worldwide responsibility for the management of parts and support, including maintenance and overhaul, of aircraft, electronic equipment and missiles; and

WHEREAS, it is the desire of the members of this body to recognize this outstanding Georgian.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that Major General Ralph T. Holland is hereby invited to address a session of the Senate at 12:00 noon, Friday, January 24, 1975, in the Hall of the Senate.

BE IT FURTHER RESOLVED that a session of the Senate shall be held in the Hall of the Senate at 12:00 noon on the aforesaid date for the purpose of hearing said address.

BE IT FURTHER RESOLVED that a committee of seven, to be named by the President, be appointed to escort Major General Holland to the Hall of the Senate.

BE IT FURTHER RESOLVED that the Governor and the members of the House of Representatives are respectively and cordially invited to attend the aforesaid session of the Senate.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this resolution to Major Gen-

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165

eral Ralph T. Holland, the Governor and the Speaker of the House of Representatives.

The substitute to SR 35 was read and adopted.

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

The resolution was read and adopted by substitute.

HR 35. By Mr. Linder of the 44th: A resolution designating Georgia Dental Health Day.

The following communication from the office of His Excellency, Governor George Busbee, was read by the Secretary:

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334
January 22, 1975
Honorable Hamilton McWhorter Secretary of State Senate Room 353 -- State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
Enclosed herewith is a copy of an Executive Order signed by Gover nor Busbee designating an Administration Floor Leader and two Assist ant Administration Floor Leaders of the Senate.
Sincerely, /&/ Norman L. Underwood

Executive Department THE STATE OF GEORGIA

By the Governor:

Executive Order

ORDERED: That Honorable Terrell Starr of the 44th Senatorial Dis trict be and he is hereby appointed Administration Floor

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Leader of the Senate, to serve at the pleasure of the Governor.

IT IS FURTHER

ORDERED:

That Honorable Beverly Langford of the 51st Senatorial District and Honorable Pierre Howard of the 42nd Sena torial District be and they are hereby appointed Assistant Administration Floor Leaders of the Senate, to serve at the pleasure of the Governor.
This 14th day of January, 1975.

/s/ George Busbee
Governor
Attest:
/s/ Norman Underwood Executive Secretary

SENATE CALENDAR

Thursday, January 23, 1975

SB 7 Bailiffs--change maximum compensation SB 13 Candidate for Public Office-qualify one party only (SUB) SB 17 Escape from Lawful Custody--redefine SB 24 Warranty Deeds Recorded in State--derivation clause SB 26 Relief for Poor Confederate Soldiers--repeal Code SB 28 Code Chapter on Peddlers-repeal Confederate Soldiers provisions SB 38 Gainesville--automatic return of property for taxation SB 39 Publication of Legal Notices--provide for proof SB 62 Prosecuting Attorney's Council--create SR 12 Constitutional Convention--General Assembly provide HB 2 Offender Rehabilitation Dept.-supplemental appropriations HB 28 Employment Secusity Law--reduce percent required

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

SB 7. By Senator Starr of the 44th:
A bill to amend Code Section 5&-120, relating to the compensation of court bailiffs and payment of expense allowance to jurors, as amended,

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167

so as to change the maximum compensation of bailiffs; 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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Brown of 47th Duncan

Fincher Holloway (presiding)

Russell Young

On the passage of the bill, the yeas were 50, nays 0.

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

SB 13. By Senators Coverdell of the 40th and Howard of the 42nd:
A bill to amend Code Chapter 34-10 of the "Georgia Election Code", relating to the nomination of candidates, as amended, so as to prohibit any person from qualifying with any political party as a candidate for nomination to any public office when such person has previously quali fied, during the same calendar year, with another political party as a candidate for nomination by that party for any public office.

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The Senate Committee on Judiciary offered the following substitute to SB 13:

A BILL

To be entitled an act to amend Code Chapter 34-10 of the "Georgia Election Code", relating to the nomination of candidates, as amended, so as to prohibit any person from qualifying with any political party as a candidate for nomination to any public office when such person has previously qualified, during the same calendar year, with another political party as a candidate for nomination by that party for any public office; to provide that persons shall not be certified as nominees under certain conditions; to amend Code Section 34A-906 of the "Georgia Municipal Election Code", relating to the qualification of candidates and the auto matic nomination of unopposed candidates, as amended, so as to prohibit any person from qualifying with any political party as a candidate for nomination to any municipal office when such person has previously qualified, during the same calendar year, with another political party as a candidate for nomination by that party for any municipal office; to provide that persons shall not be certified as nominees under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 34-10 of the "Georgia Election Code", relating to the nomination of candidates, as amended, is hereby amended by adding at the end of said Code Chapter a new Code Section to be designated Code Section 34-1016 and to read as follows:
"34-1016. Qualification for nomination with more than one political party prohibited. No person shall qualify with any political party as a candidate for nomination to any public office when such person has previously qualified, during the same calendar year, with another political party as a candidate for nomination by that party for any public office; nor shall a State executive committee or county executive committee of any political party certify any person as the nominee of said party when such person has previously quali fied as a candidate for nomination for any public office with another political party."
Section 2. Code Section 34A-906 of the "Georgia Municipal Election Code", relating to the qualification of candidates and the automatic nomination of unopposed candidates, as amended, is hereby amended by adding a new subsection at the end of said Code Section to be designated subsection (d) and to read as follows:
"(d) No person shall qualify with any political party as a candidate for nomination to any municipal office when such person has previously qualified, during the same calendar year, with another political party as a candidate for nomination by that party for any municipal office; nor shall a municipal or other appropriate executive committee of a political party certify any person as the

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nominee of said party when such person has previously qualified as a candidate for nomination for any public office with another poli tical party."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Coverdell of the 40th offered the following amendment:
Amend the committee substitute to SB 13 by striking the word "nominees" as it appears in lines 9 and 18 of Page 2, and substituting in lieu thereof the word "candidates".
And, by striking the word "nominees" as it appears in lines 9 and 25 of Page 2, and substituting' in lieu thereof the word "candidate".

On the adoption of the amendment, the yeas were 42, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 43, 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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Pearce Riley Robinson Shapard
Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

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Those not voting were Senators:

Duncan Holloway (presiding)

Overby Reynolds

Russell

On the passage of the bill, the yeas were 51, nays 0.

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

SB 26. By Senators Thompson of the 32nd, Howard of the 42nd and Robinson of the 27th:
A bill to repeal Code Chapter 23-24, relating to relief for poor Con federate soldiers.

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

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Tysinger Warren Young

Voting in the negative was Senator Hill.

Those not voting were Senators:

Duncan Eldridge

Holloway (presiding) Russell

Turner

On the passage of the bill, the yeas were 50, nays 1.

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171

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

Senator Reynolds of the 48th moved that the following resolution of the Senate be removed from the table:

SR 4. By Senators Reynolds of the 48th, Riley of the 1st and Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to change certain provisions relating to sessions and procedures of the General Assembly; to provide for submission of this amendment for ratification or rejection.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SR 4 was removed from the table and placed on the Senate Calendar.

The President assumed the Chair.

The following general resolution of the Senate, having been read the third time and tabled on January 22, and removed from the table January 23, was put upon its adoption:

SR 4. By Senators Reynolds of the 48th, Riley of the 1st and Broun of the 46th:
A RESOLUTION
Proposing an amendment to the Constitution so as to change certain provisions relating to sessions and procedures of the General Assembly; 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 III, Section IV, Paragraph III of the Constitu tion is hereby amended by striking said Paragraph in its entirety and substituting in lieu thereof a new Paragraph III, to read as follows:
"Paragraph III. Meeting; time limit; adjournment. The Gen eral Assembly shall meet in regular session on the second Monday in January, 1977, and every year thereafter, for no longer than three days to organize, to receive the proposed General Appropriations Bill, and to attend to other matters, and reconvene on the second Monday in February of each year for no longer than forty-two days. By concurrent resolution adopted by a majority of members elected to both Houses of the General Assembly, the General Assembly may adjourn any regular session to such later date as it may fix for

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reconvening in regular session, but shall remain in regular session no longer than forty-five days in the aggregate in any year during the terms for which members were elected. In the interim period, between the third day after the second Monday in January and the second Monday in February, bills and resolutions may continue to be introduced and referred to committee, and the standing com mittees shall continue to exist and shall be authorized to receive bills and resolutions, to conduct inquiries and meetings concerning matters before each such committee and to take actions thereon. No bill or resolution shall be introduced after the thirty-first day in regular session after the second Monday in February; provided, that resolutions necessary to the proper and efficient functioning of either House or of the General Assembly, resolutions necessary to the adjournment of either House or of the General Assembly and resolutions which do not have the force of law may be intro duced. All business pending in the Senate or House at the adjourn ment of any regular session may be considered at any regular ses sion of the same General Assembly, as if there had been no ad journment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and the House of Representatives as provided in Article V, Section I, Paragraph XII of this Constitu tion. If any impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed."
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 annual forty-five day sessions of the
( ) NO General Assembly and to place certain restric tions on the introduction of bills and resolutions?"
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 Rules offered the following substitute to SR 4:
A RESOLUTION
Proposing an amendment to the Constitution so as to change certain provisions relating to sessions and procedures of the General Assembly;

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173

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 III, Section IV, Paragraph III of the Constitu tion is hereby amended by striking said Paragraph in its entirety and substituting in lieu thereof a new Paragraph III, to read as follows:

"Paragraph III. Meeting; time limit; adjournment. The Gen eral Assembly shall meet in regular session on the second Monday in January, 1977, and every year thereafter, for no longer than three days to organize, to receive the proposed General Appropria tions Bill, and to attend to other matters, and reconvene on the second Monday in February of each year for no longer than fortytwo days. By concurrent resolution adopted by a majority of mem bers elected to both Houses of the General Assembly, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than forty-five days in the aggregate in any year during the terms for which members were elected. In the interim period, between.the third day after the second Monday in January and the second Monday in February, bills and resolutions may continue to be introduced and referred to committee, and the standing committees shall continue to exist and shall be authorized to receive bills and resolutions, to conduct inquiries and meetings con cerning matters before each such committee and to take actions thereon. No bill or resolution shall be introduced after the thirtyfirst day in regular session after the second Monday in February; provided, that resolutions necessary to the proper and efficient functioning of either House or of the General Assembly, resolutions necessary to the adjournment of either House or of the General Assembly and resolutions which do not have the force of law may be introduced; and provided, further, that either House may, by a vote of two-thirds or more of the membership of that House, permit the introduction of a bill or resolution after the said thirty-first day. All business pending in the Senate or House at the adjournment of any regular session may be considered at any regular session of the same General Assembly, as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extra ordinary session upon the certificate of three-fifths of the mem bers elected to the Senate and the House of Representatives as provided in Article V, Section I, Paragraph XII of this Constitu tion. If any impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed."

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 im prove the efficiency of the General Assembly by permitting annual forty-five day sessions, by requiring an interim period of adjournment after
( ) NO the third day of any session during which bills may be introduced and committees may meet and act, and by prohibiting the introduction of certain bills and resolutions during the final ten days of a session?"

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 Tysinger of the 41st District offered the following substitute to SR4:
A RESOLUTION
Proposing an amendment to the Constitution so as to change certain provisions relating to sessions and procedures of the General Assembly; 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 III, Section IV, Paragraph III of the Constitu tion is hereby amended by striking said Paragraph in its entirety and substituting in lieu thereof a new Paragraph III, to read as follows:
"Paragraph III. Meeting; time limit, adjournment. The Gen eral Assembly shall meet in regular session annually on the second Monday in January of each year and no such session shall extend beyond the last day of April. The General Assembly shall provide by law for the length of regular sessions and whether they shall be conducted on the basis of calendar days, legislative days, or a com bination thereof. Such law shall also provide the procedure relative to adjournments of the General Assembly and each House thereof. Such law and any amendment thereto shall not become effective until the beginning of the next regular session following the session in which such law or amendment is enacted. Such law and any amend ment thereto shall not be subject to veto by the Governor. The pro visions of the 1945 Constitution, as amended, relative to the above, shall remain in effect until the session at which the aforesaid law

THURSDAY, JANUARY 23, 1975

175

becomes effective. The Senate and the House of Representatives shall each organize in the odd-numbered years and shall be deemed a different General Assembly for each two-year period."

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 General Assembly shall meet in annual session which shall not extend beyond the
( ) NO last day of April and to authorize the General Assembly to provide by law for the length of such sessions?"

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 Reynolds of the 48th offered the following substitute to SR 4:
A RESOLUTION
Proposing an amendment to the Constitution so as to change certain provisions relating to sessions and procedures of the General Assembly; to provide for submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article III, Section IV, Paragraph III of the Constitu tion is hereby amended by striking said Paragraph in its entirety and substituting in lieu thereof a new Paragraph III, to read as follows:
"Paragraph III. Meeting; time limit; adjournment. The Gen eral Assembly shall meet in regular session on the second Monday in January, 1977, and every year thereafter, for no longer than five days, and reconvene on the second Monday in February of each year for no longer than forty days. The Senate and the House of Representatives shall each organize in the odd-numbered years and shall be deemed to be a different General Assembly for each two-year period. By concurrent resolution adopted by a majority of members elected to both Houses of the General Assembly, the

176

JOURNAL OF THE SENATE,

General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than forty-five days in the aggregate in any year during the terms for which members were elected.
During the period between the fifth day after the second Monday in January and the second Monday in February, bills and resolutions may be introduced in the Senate by filing them with the Secretary of the Senate and in the House of Representatives by filing them with the Clerk of the House. The rules of the Senate and the House of Representatives applicable to introductions shall apply during this period. A bill or resolution shall be deemed to have been read the first time on the day after it is properly filed with the Secretary of the Senate or the Clerk of the House and this shall be the first reading of the three readings required by Section VII, Paragraph VII of this Article. On such day, referrals by the presiding officers to standing committees shall be made in the same manner as referrals are made while the General Assembly is in Session. Such committees are hereby authorized to meet and act upon bills and resolutions in the same manner as if the General Assembly were in Session. All reports of such committees during this period shall be filed with the Secretary of the Senate or the Clerk of the House, as the case may be, and shall be read on the second Monday in February. Except as hereinafter provided, no bill or resolution shall be introduced after the thirtieth day of a regular session after the second Monday in February, but either House by an affirmative vote of at least two-thirds of the total membership of that House, may permit the introduction of a particular bill or resolution after said thirtieth day. Resolutions necessary to the proper and efficient functioning of either House or of the General Assembly, resolutions necessary to the adjourn ment of either House or of the General Assembly, and resolutions which do not have the effect of law may be introduced after said thirtieth day. The General Assembly is hereby authorized to provide by law that a Senate bill or resolution may not be passed by the Senate and a House bill or resolution may not be passed by the House after said thirtieth day. The General Assembly is here by authorized to provide by law for such procedures, not in con flict herewith, as it deems necessary to carry out the provisions of this paragraph.
All business pending in the Senate or House at the adjourn
ment of any regular session may be considered at any regular
session of the same General Assembly, as if there had been no ad
journment. Nothing herein shall be construed to affect the power
of the Governor to convoke the General Assembly in extraordinary
session, or the duty of the Governor to convene the General As
sembly in extraordinary session upon the certificate of three-fifths
of the members elected to the Senate and the House of Representa
tives as provided in Article V, Section I, Paragraph XII of this
Constitution. If any impeachment trial is pending at the end of
any regular or extraordinary session, the Senate may continue in
session until such trial is completed."

THURSDAY, JANUARY 23, 1975

177

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to pro vide for annual forty-five day sessions, to require
( ) NO an interim period of adjournment after the fifth day of any session during which bills may be introduced and committees may meet and act, and to prohibit the introduction of certain bills and resolutions during the latter part of a ses sion?"

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 Bell of the 5th offered the following amendment to the substitute to SR 4 offered by Senator Reynolds of the 48th:
Amend the substitute to SR 4 offered by Senator Reynolds of the 48th by striking on Page 1, line 18, the word "forty" and inserting the word "forty-five";
and
by striking on Page 2, line 2, the word "forty-five" and inserting the word "sixty";
and
by striking on Page 4, line 4, the word "forty-five" and inserting the word "sixty".
On the adoption of the amendment, Senator Bell of the 5th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Coverdell

Dean of 6th Kidd Robinson

Traylor Tysinger Warren

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Dean of 31st Doss Eldridge Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Young

Those not voting were Senators: Duncan, Fincher and Russell.

On the adoption of the amendment, the yeas were 9, nays 44, and the amendment offered by Senator Bell of the 5th to the substitute offered by Senator Reynolds of the 48th was lost.

On the adoption of the committee substitute, the yeas were 0, nays 44, and the committee substitute to SR 4 was lost.

On the adoption of the substitute offered by Senator Tysinger of the 41st, the yeas were 5, nays 40, and the substitute to SR 4 was lost.

On the adoption of the substitute offered by Senator Reynolds of the 48th, the yeas were 44, nays 1, and the substitute to SR 4 was adopted.

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

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway

THURSDAY, JANUARY 23, 1975

179

Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill

Overby Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh

Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators Hudgins and McDuffie.

Those not voting were Senators: Duncan, Russell and Tate.

On the adoption of the resolution, the yeas were 51, nays 2.

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

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:

SB 24. By Senators Lester of the 23rd, Overby of the 49th and Langford of the 51st:
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.

Senator Lester of the 23rd offered the following amendment:
Amend SB 24 by striking the word "grantor" in line 18 and sub stituting in lieu thereof the word "grantor's";
by adding at the beginning of line 19 before the word "and", the words "predecessor in title".

On the adoption of the amendment, the yeas 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:

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JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Poster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators Bell and Duncan.

On the passage of the bill, the yeas were 54, nays 0.

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

SB 28. By Senators Thompson of the 32nd, Howard of the 42nd and Robinson of the 27th:
A bill to amend Code Chapter 84-20, relating to peddlers, as amended, so as to repeal certain provisions relating to Confederate soldiers.

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 Banks
Barker Bell Bond Brantley
Brown of 47th Carter

Coverdell Dean of 6th
Dean of 31st Doss Fincher Foster
Garrard Gillis

Hamilton of 26th Hamilton of 34th
Holley Holloway Howard Hudson
Kennedy Kidd

THURSDAY, JANUARY 23, 1975

181

Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Hill.

Those not voting were Senators:

Barnes Broun of 46th

Duncan

Eldridge

On the passage of the bill, the yeas were 51, nays 1.

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

SB 38. By Senator Overby of the 49th:
A bill to amend Code Section &2-6202.1, relating to the automatic return of property for taxation and claiming certain exemptions, as amended by an Act approved March 12, 1970 (Ga. Laws 1970, p. 278), so as to provide for the automatic return of property for taxation and the claiming of certain exemptions in certain municipalities of this 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill

Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell

182
McDuffie McGill Overby Pearce Reynolds Riley Robinson

JOURNAL OF THE SENATE,

Russell Shapard Starr Stephens Stumbaugh Summers Sutton

Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Duncan

Tate

Young

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

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

SB 39. By Senators Thompson of the 32nd, Howard of the 42nd and Ballard of the 45th:
A bill to provide for proof of publication of legal notices or advertise ments; to define certain terms; to provide procedures connected there with; to provide exceptions.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th
Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Traylor Turner Tysinger Warren Young

THURSDAY, JANUARY 23, 1975

183

Those not voting were Senators:

Duncan

Tate

Timmons

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

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

SB 62. By Senators Banks of the 17th, Lewis of the 21st, Barnes of the 33rd 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; to provide for a method of filling vacancies; to provide for meeting of the 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators Ballar'd and Sutton.

Not voting was Senator Duncan.

On the passage of the bill, the yeas were 53, nays 2.

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JOURNAL OF THE SENATE,

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

SR 12, By Senators Coverdell of the 40th, Garrard of the 37th, Warren of the 43rd 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 amendment for rati fication 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 Constitution 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, elected by the people, which shall convene by not later than April 1, 1978. Such constitutional convention shall consist of not less than 40 nor more than 100 members, 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 convention may deem necessary or desirable. No proposed revision of this Constitution or any amendments there to prepared by such constitutional 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 pro vided for submission and ratification of amendments proposed by the General Assembly. The law adopted by the General Assembly pursuant to the authority and requirements of this Paragraph may provide for all matters necessary or convenient for the establishment and operation 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, 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 direct the General Assembly to
( ) NO provide by law for a constitutional convention?"

THURSDAY, JANUARY 23, 1975

185

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

Senator Kidd of the 25th offered the following amendment:
Amend SR 12 by striking from Section 1 on Page 1, line 14, the following:
"elected by the people.".
By striking from Section 1, beginning on Page 1, line 16, the following:
"not less than 40 nor more than 100 members, and the repre sentation thereon shall be based on population as near as practicable in such manner as the General Assembly shall provide by law",
and inserting in lieu thereof the following:
"5 members from each Congressional District elected by a majority vote of the members of the House of Representatives and Senate from the counties and Senatorial Districts embraced or partly embraced within such Congressional District, meeting at a cen tralized location in the Congressional District".

On the adoption of the amendment, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bond Brantley Brown of 47th Coverdell Dean of 6th Eldridge

Fincher Gillis Holley Howard Kennedy Kidd Lester McDuffie

Those voting in the negative were Senators:

Barnes Bell
Broun of 46th Carter

Dean of 31st Doss
Foster Garrard

McGill Overby Reynolds Russell Starr Stephens Summers Tate
Hamilton of 26th Hamilton of 34th Hill Holloway

186
Hudgins Hudson Langford Lewis McDowell Pearce

JOURNAL OF THE SENATE,

Riley Robinson Shapard Stumbaugh Sutton Thompson

Timmons Traylor Turner Tysinger Warren Young

Not voting was Senator Duncan.

On the adoption of the amendment, the yeas were 25, nays 30, and the amendment was lost.

Senator Coverdell of the 40th moved that SR 12 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 Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th
Dean of 31st Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis
McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Summers Sutton Tate Thompson Timmons
Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Barnes Doss

Hamilton of 34th Langford

Stumbaugh

Not voting was Senator Duncan.

On the motion, the yeas were 50, nays 5; the motion prevailed, and SR 12 was tabled.
HB 2. By Mr. Colwell of the 4th: Senate Sponsor: Senator Broun of the 46th. A bill to provide for the Department of Offender Rehabilitation a supplementary appropriation for the remainder of the fiscal year

THURSDAY, JANUARY 23, 1975

187

ending June 30, 1975, in addition to any other appropriations hereto fore or hereafter made for the operation of the Department and the purposes provided for herein; to confer certain responsibilities upon the Office of Planning and Budget.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators Duncan and Sutton.

On the passage of the bill, the yeas were 54, nays 0.

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

HB 28. By Messrs. Mullinax of the 69th, Brown of the 34th and Carr of the 105th:
A bill to amend an Act approved March 29, 1937, known as the "Un employment Compensation Law" (now Employment Security Law), so as to decrease until December 31, 1976, the percent required for the national rate of insured unemployment affecting the on and off indicator in regard to extended benefits.

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

188

JOURNAL OF THE SENATE,

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators Duncan and Young.

On the passage of the bill, the yeas were 54, nays 0.

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

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned at 1:15 o'clock P.M. until 10:00 o'clock A.M. tomorrow.

FRIDAY, JANUARY 24, 1975

189

Senate Chamber, Atlanta, Georgia Friday, January 24, 1975

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

Senator Young of the 13th reported that the journal of yesterday's 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 189. By Messrs. Carlisle and Mostiler of the 71st: A bill to amend an Act incorporating the City of Sunny Side and provid ing a new charter for the government so as to change the provisions relative to the governing body of said City.
HB 225. By Mr. Wall of the 61st: A bill to amend an Act to create a new charter for the Town of Auburn so as to change the residency requirement for voting in the elections of said town.
HB 226. By Messrs. Snow and Hays of the 1st: A bill to amend an Act creating the office of Tax Commissioner of Bade County so as to change the compensation of the Tax Commissioner.
HB 227. By Messrs. Snow and Hays of the 1st: A bill to amend an Act placing the Judge of the Probate Court of Dade County, formerly known as the Ordinary, on a salary basis in lieu of a fee basis of compensation, so as to change the' maximum amount of compensation for deputies and clerks of the Judge of the Probate Court.
HB 228. By Messrs. Snow and Hays of the 1st: A bill to amend an Act creating the office of Commissioner of Dade County so as to change the provisions relating to the expenses of the Commissioner.

190

JOURNAL OP THE SENATE,

HB 238. By Messrs. Baugh of the 108th and Parham of the 109th:
A bill to amend an Act creating a new Charter for the City of Milledgeville so as to change the corporate limits.

HB 240. By Messrs. Long of the 142nd and Cox of the 141st:
A bill to amend an Act incorporating the City of Cairo so as to change the date of the municipal election; to provide for runoff elections.

HB 35. By Mr. Alexander of the 38th:
A bill to amend an Act establishing the Civil Court of Fulton County (formerly the Municipal Court of Atlanta), so as to change the pro visions relating to appeals to the Appellate Division of said court and to the Court of Appeals and Supreme Court of Georgia in certain cases.

HB 36. By Mr. Alexander of the 38th:
A bill to amend an Act providing for confirmation of sales under fore closure proceedings on real estate so as to provide that no sale of real estate under powers contained in deeds to secure debt shall be valid unless notice of intent to sell such property has been mailed by the grantee, assignee or transferee of the deed to secure debt to the apparent owner by certified mail.

HB 48. By Mr. Egan of the 25th:
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 elective members of municipal governing authorities.

HB 211. By Messrs. Lambert of the 112th, Carlisle of the 71st, Jones of the 126th and others:
A bill to establish an Executive Center Fine Arts Committee.
HB 127. By Messrs. Snow and Hays of the 1st, Sams of the 90th and others:
A bill to amend Code Chapter 85-4, relating to prescription and 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 posses sion in regard to certain classes of property.
HB 128. By Messrs. Snow of the 1st, Walker of the 115th, Karrh of the 106th 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 $3,000.00 exclusive of interest and costs, and all misdemeanor cases in the superior courts, and costs, shall be tried by a jury of six jurors.

FRIDAY, JANUARY 24, 1975

191

HB 239. By Messrs. Baugh of the 108th and Parham of the 109th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Baldwin County into the office of Tax Commissioner of Baldwin County.

The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:
HR 59. By Mr. Wall of the 61st:
A resolution proposing an amendment to the Constitution so as to provide that the homestead of residents of the Town of Auburn shall be granted a homestead exemption of $2,000 from all ad valorem taxation by said town.
HR 69. By Messrs. Murphy of the 18th, Lee of the 72nd, Vaughn of the 57th and others:
A resolution proposing an amendment to the Constitution so as to provide that the members of the General Assembly shall receive such compensa tion and allowances as shall be provided for by law but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made.

HR 39. By Messrs. Murphy of the 18th, Burruss of the 21st, Lee of the 72nd and others:
A resolution to amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee so as to provide terms of the ap pointed members of the Committee; to provide for the appointment and terms of the chairman and the vice chairman of the Committee; to provide for filling vacancies; to remove the Legislative Counsel as an ex officio member of the Committee.

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

HR 94. By Mr. Vaughn of the 57th:
A resolution expressing appreciation and commending Mr. W. M. "Dick' Williams.

HR 96. By Messrs. Edwards of the 110th and Connell of the 87th:
A resolution urging the Board of Regents of the University System of Georgia to take immediate steps to determine the feasibility of establish ing a Georgia College of Optometry and to explore other alternatives to satisfy the need for optometrists in this State.

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

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SB 142. By Senator Carter of the 14th:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to change the provisions relative to the maximum speed of school busses. Referred to Committee on Transportation.

SB 143. By Senator Tysinger of the 41st:
A bill to amend an Act authorizing the use of radar speed detection devices by the various counties and municipalities of this State, as amended, so as to make certain exceptions to the requirement that cases and convictions based on the use of speed detection devices be limited to speeds in excess of ten miles per hour above the posted limit.
Referred to Committee on County and Urban Affairs.

SB 144. By Senators Banks of the 17th, Ballard of the 45th, Lewis of the 21st and others:
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 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 prosecuting attorney.
Referred to Committee on Judiciary.

SB 145. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and others :
A bill to amend Code Title 41A, relating to financial institutions, and known as the "Financial Institutions Code of Georgia" so as to clarify certain provisions; to correct technical and typographical errors; to redefine certain terms. Referred to Committee on Banking, Finance and Insurance.

SB 146. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and others:
A bill to amend Code Section 13-203.1, relating to bank offices and bank facilities, as amended, so as to provide for the establishment of business production offices under certain conditions ; to provide for the procedures connected therewith. Referred to Committee on Banking, Finance and Insurance.

SB 147. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and others:
A bill to amend Code Section 13-203.1, relating to bank offices and bank facilities, as amended, so as to provide for the establishment of branch

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193

banks through merger, consolidation or sale of assets under certain conditions; to provide for the procedure connected therewith.
Referred to Committee on Banking, Finance and Insurance.

SB 148. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and others:
A bill to amend Code Section 13-203, relating to branch banks, as amended, so as to provide that any parent bank located in certain counties of this State may establish a branch bank within certain adjacent counties; to provide an effective date.
Referred to Committee on Banking, Finance and Insurance.

SB 149. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and others:
A bill to amend Code Section 13-203.2, relating to the expansion or extension of existing bank facilities, as amended, so as to provide for the installation of "automated teller facilities" or "point-of-sale terminals" within the county in which a parent bank, branch bank, bank office or bank facility is located, with the approval of the Commissioner of the Department of Banking and Finance.
Referred to Committee on Banking, Finance and Insurance.

SB 150. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and others:
A bill to amend Code Section 13-203.1, relating to bank offices and bank facilities, as amended, so as to remove the population requirements; to provide an effective date. Referred to Committee on Banking, Finance and Insurance.

SB 151. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and others:
A bill to authorize any bank, savings and loan association, or other lend ing institution, to charge any rate of interest which any borrower may agree to pay in writing on certain business loans and agricultural loans; to provide an effective date. Referred to Committee on Banking, Finance and Insurance.

SB 152. By Senator Fincher of the 54th:
A bill to amend an Act known as the "Georgia Public Assistance Act of 1965", as amended, so as to provide that the Department of Human Resources may recover overpayments of public assistance from recip ients either by a civil action or by reduction in the future assistance grants. Referred to Committee on Human Resources.

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SB 153. By Senator Foster of the 50th:
A bill to amend an Act creating the Mountain Judicial Circuit, as amended, so as to change the terms of court for certain counties com prising said circuit; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 154. By Senator Riley of the 1st:
A bill to abolish the governmental and corporate functions of the Mayor and Aldermen of the City of Savannah and the governmental and corporate functions of the Commissioners of Chatham County, pursuant to Constitutional power granted by an amendment to Article XI, Section I, Paragraph VII of the Constitution of Georgia of 1945, as amended.
Referred to Committee on County and Urban Affairs.

SR 40. By Senator Gillis of the 20th:
A resolution authorizing the conveyance of a certain tract of Stateowned property to Montgomery County. Referred to Committee on County and Urban Affairs.

SR 41. By Senators Thompson of the 32nd, Reynolds of the 48th and Holloway of the 12th:
A resolution relative to the installation of protective devices at railroad crossings. Referred to the Committee on Transportation.

SR 42. By Senators Garrard of the 37th, Langford of the 51st, Eldridge of the 7th and others:
A resolution proposing an amendment to the Constitution, so as to provide that the General Assembly may exempt from ad valorem taxa tion property of nonprofit homes for the aged which is used in connec tion with the operation of the home; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Human Resources.

SR 43. By Senators Foster of the 50th and Langford of the 51st:
A resolution urging the State Department of Natural Resources and the Office of Planning and Budget to undertake a Statewide Water Supply and Water Use Study. Referred to Committee on Natural Resources and Environmental Quality.

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

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195

HB 35. By Mr. Alexander of the 38th:
A bill to amend an Act establishing the Civil Court of Fulton County (formerly the Municipal Court of Atlanta), so as to change the pro visions relating to appeals to the Appellate Division of said court and to the Court of Appeals and Supreme Court of Georgia in certain cases. Referred to Committee on County and Urban Affairs.

HB 36. By Mr. Alexander of the 38th:
A bill to amend an Act providing for confirmation of sales under foreclosure proceedings on real estate so as to provide that no sale of real estate under powers contained in deeds to secure debt shall be valid unless notice of intent to sell such property has been mailed by the grantee, assignee or transferee of the deed to secure debt to the apparent owner by certified mail.
Referred to Committee on Judiciary.

HB 48. By Mr. Egan of the 25th:
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 elective members of municipal governing authorities. Referred to Committee on County and Urban Affairs.

HB 127. By Messrs. Snow and Hays of the 1st, Sams of the 90th, Walker of the 115th and others:
A bill to amend Code Chapter 85-4, relating to prescription and 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. Referred to Committee on Judiciary.

HB 128. By Messrs. Snow of the 1st, Walker of the 115th, Karrh of the 106th, Howard of the 19th and Nix of the 20th:
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,OOO.OiO exclusive of interest and costs, and all misdemeanor cases in the superior courts, shall be tried by a jury of six jurors. Referred to Committee on Judiciary.

HB 211. By Messrs. Lambert of the 112th, Carlisle of the 71st, Jones of the 126th, Coleman of the 118th and others:
A bill to establish an Executive Center Fine Arts Committee. Referred to Committee on Economy, Reorganization and Efficiency in Government.

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HB 189. By Messrs. Carlisle and Mostiler of the 71st:
A bill to amend an Act incorporating the City of Sunny Side and provid ing a new charter for the government so as to change the provisions relative to the governing body of said City. Referred to Committee on County and Urban Affairs.

HB 225. By Mr. Wall of the 61st:
A bill to amend an Act to create a new charter for the Town of Auburn so as to change the residency requirement for voting in the elections of said town. Referred to Committee on County and Urban Affairs.

HB 226. By Messrs. Snow and Hays of the 1st:
A bill to amend an Act creating the office of Tax Commissioner of Dade County so as to change the compensation of the Tax Commissioner. Referred to Committee on County and Urban Affairs.

HB 227. By Messrs. Snow and Hays of the 1st:
A bill to amend an Act placing the Judge of the Probate Court of Dade County, formerly known as the Ordinary, on a salary basis in lieu of a fee basis of compensation, so as to change the maximum amount of compensation for deputies and clerks of the Judge of the Probate Court. Referred to Committee on County and Urban Affairs.

HB 223. By Messrs. Snow and Hays of the 1st:
A bill to amend an Act creating the office of Commissioner of Dade County so as to change the provisions relating to the expenses of the Commissioner. Referred to Committee on County and Urban Affairs.

HB 238. By Messrs. Baugh of the 108th and Parham of the 109th:
A bill to amend an Act creating a new Charter for the City of Milledgeville so as to change the corporate limits. Referred to Committee on County and Urban Affairs.

HB 239. By Messrs. Baugh of the 108th and Parham of the 109th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Baldwin County into the office of Tax Commissioner of Baldwin County. Referred to Committee on County and Urban Affairs.

HB 240. By Messrs. Long of the 152nd and Cox of the 141st:
A bill to amend an Act incorporating the city of Cairo so as to change the date of the municipal election; to provide for runoff elections. Referred to Committee on County and Urban Affairs.

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197

HR 39. By Messrs. Murphy of the 18th, Burruss of the 21st, Lee of the 72nd and others:
A resolution to amend a Resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee so as to provide terms of the appointed members of the Committee; to provide for the appointment and terms of the chairman and the vice chairman of the Committee; to provide for filling vacancies; to remove the Legislative Counsel as an ex officio member of the Committee.
Referred to Committee on Rules.

HR 59. By Mr. Wall of the 61st:
A resolution proposing an amendment to the Constitution so as to provide that the homestead of residents of the Town of Auburn shall be granted a homestead exemption of $2,000 from all ad valorem taxation by said town. Referred to Committee on County and Urban Affairs.

HR 69. By Messrs. Murphy of the 18th, Lee of the 72nd, Vaughn of the 57th and others:
A resolution proposing an amendment to the Constitution so as to provide that the members of the General Assembly shall receive such compensation and allowances as shall be provided for by law but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made.
Referred to Committee on Rules.

HR 96. By Messrs. Edwards of the 110th and Connell of the 87th:
A resolution urging the Board of Regents of the University System of Georgia to take immediate steps to determine the feasibility of estab lishing a Georgia College of Optometry and to explore other alternatives to satisfy the need for optometrists in the State. Referred to Committee on Human Resources.

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

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance and Insurance has had under considera tion 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 96. Do pass.

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SB 105. Do pass. SR 39. Do pass. HB lg. Do pass.

Respectfully submitted, Holley of 22nd District, Chairman.

Senator Overby of the 49th 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 House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 19. Do pass.
SB 53. Do pass.
SR 21. Do pass.
HB 47. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 9. Do pass.
Respectfully submitted, Lester of 23rd District, Chairman.

Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill and

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199

resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 111. Do pass.
SR 18. Do pass.

Respectfully submitted, Eldridge of 7th District, Chairman.

Senator Reynolds of the 48th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. President:
Your Committee on Transportation 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 45. Do pass by substitute. SB 61. Do pass as amended. SR 36. Do pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

The following bills and resolutions of the Senate and House were read the second time:
SB 21. 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. 1450), so as to change the require ments for the issuance of licenses to practice barbering.
SB 41. By Senator Kidd of the 25th: A bill to amend Code Chapter 88-29, known as the Georgia Medical Consent Law, as amended, so as to change the provisions relating to the care and treatment of the mentally ill; to provide that incompetent persons shall not be authorized to consent to any surgical or medical treatment or procedures.
SB 50. By Senators Eldridge of the 7th and Sutton of the 9th: A bill to amend an Act providing for the indemnification for honey bees or bee-keeping fixtures ordered destroyed by the State Entomologist

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because of infection by contagious disease, approved March 10, 1970 (Ga. Laws 1970, p. 197), so as to increase the amount of indemnification paid to owners of property so destroyed.

SB 51. By Senator McGill of the 24th:
A bill to provide for the inspection and regulation of the sale of anti freeze substances and preparations; to provide for definitions; to state what constitutes adulteration and misbranding; to provide for inspection, analysis and permit for sale of anti-freeze.

SB 72. By Senators Garrard of the 37th and Shapard of the 28th:
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 declara tion 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.

SB 76. By Senators Bell of the 5th and Stumbaugh of the 55th:
A bill to amend an Act providing that a person eighteen years of age or over may donate his blood, approved March 4, 1970 (Ga. Laws 1970, p. 150), so as to change the age required for making such donation.

SB 22. By Senator Reynolds of the 48th:
A bill to increase the fees of coroners for services in connection with the holding of inquests in counties having a population of not less than 66,000 or more than 73,000, according to the 1970 United States Decennial census, or any such future census; to provide an effective date.

SB 30. By Senator Lewis of the 21st:
A bill to provide for a board of elections in each county in the State having a population of not less than 18,200 nor more than 18,300, according to the United States Decennial Census of 1970, or any future census.

SB 58. By Senator Turner of the 8th:
A bill to provide for a board of elections in certain counties; to define powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members.

SB 71. By Senator Traylor of the 3rd:
A bill to provide that the chairman of the board of commissioners in certain counties shall be elected by the qualified voters of the entire county; to provide procedures connected therewith.

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201

SB 70. By Senators Bell of the 5th, Lester of the 23rd, Thompson of the 32nd and others:
A bill to prohibit municipal or county governments from requiring ap plicants 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 non residents and to provide for the construction of this Act in connection therewith.

HB 6. By Mr. Shanahan of the 7th:
A bill to repeal and replace the Charter of the City of Pairmount so as to create a new charter for said City.

HB 42. By Mr. Irwin of the 130th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Terrell 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 57. By Mr. Howell of the 140th:
A bill to amend an Act creating the State Court of Early County so as change the compensation of the judge of said court.

HB 58. By Mr. Howell of the 140th:
A bill to amend an Act creating the office of Tax Commissioner of Early County, so as to change the compensation of the Tax Commissioner.

HB 59. By Mr. Howell of the 140th:
A bill to abolish the present mode of compensating the Coroner of Early County, known as the fee system; to provide in lieu thereof an annual salary.

HB 71. By Messrs. Hutchinson of the 133rd, McCollum of the 134th, Hatcher of the 131st and White of the 132nd:
A bill to amend an Act to create the Albany-Dougherty Payroll Develop ment Authority so as to provide authority for the issuance of certain anticipation bonds.

HB 79. By Mr. Hudson of the 137th:
A bill to amend an Act creating a Board of Commissioners of Ben Hill County so as to provide that the Ben Hill County Commissioners may provide for a full time Administrative Officer for the County.

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HB 136. By Mr. Owens of the 77th:
A bill to create the Appling Water Authority in Columbia County, Georgia.

HR 23. By Messrs. Knight of the 67th and Ware of the 68th:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Newnan Development Authority.

SR 11. By Senators Riley of the 1st, McDowell of the 2nd and Traylor of the 3rd:
A resolution proposing an amendment to the Constitution, so as to create the Chatham County Utility Services Authority; to provide for the powers, authority and duties of such Authority; to authorize the Au thority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof.

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

Ballard Banks Barker
Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cover dell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger
Warren Young

Not answering was Senator Duncan.

Senator Hudgins of the 15th introduced as chaplain, The Reverend Father Edward Frank, Our Lady of Lourdes Catholic Church, Columbus, Georgia, who offered scripture reading and prayer.

Senator Traylor of the 3rd moved that the following bill of the Senate be committed to the Committee on Transportation:

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203

SB 61. By Senators Traylor of the 3rd, Lewis of the 21st, Banks of the 17th and others:
A bill to amend Code Section 95A-302, relating to powers and duties of the Department of Transportation, as amended, so as to provide for certain warning devices and restrictive devices on drawbridges in this State; to provide for minimum safety standards.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 61 was committed to the Committee on Transportation.

Senator Lewis of the 21st moved that the following bill of the Senate be committed to the Committee on Judiciary:
SB 17. By Senator Lewis of the 21st:
A bill to amend Code Section 26-2501, relating to escape, as amended, so as to redefine escape from lawful custody; to amend an Act providing for payment of costs of cases and expenses of trials involving inmates of the State Prison System, approved Mar. 11, 1964 (Ga. L. 1964, p. 462), so as to provide for payment by the Department of Offender Rehabilitation of costs and expenses in certain escape cases and trials.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 17 was committed to the Committee on Judiciary.

Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn from consideration of the Senate:

SB 43. By Senator Kidd of the 25th:
A bill to amend an Act providing that the homestead, but not to exceed $10,000' of its assessed value, of each resident of each independent school district and of each county school district who is 62 years of age or over and who meets certain income qualifications shall be exempt from all ad valorem taxation for educational purposes levied by, for, or in behalf of any such school system, approved March 12, 1974, so as to change the maximum amount of such homestead exemption.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 43 was withdrawn from consideration of the Senate.

The following resolution of the House was read and adopted:

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HR 94. By Mr. Vaughn of the 57th:
A resolution expressing appreciation and commending Mr. W. M. "Dick" Williams.

SENATE CALENDAR
Friday, January 24, 1975
SB 17 Escape from Lawful Custody--redefine SB 11 Personal Property Used in Felony--confiscation SB 36 Savings and Loan Banks-depositories county monies SB 37 Cemetery Trust Fund Assets--bank may invest SB 52 Funeral Expense--spouse claim against estate SB 60 Superior Courts-Southern Judicial Circuit--additional judge SB 65 Property Acquired for Public Roads--lease provisions SB 67 Probation of Wills--recorded during vacation HB 3'Q Unemployment Comp. Law--increase maximum weekly amounts
(AM)
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 30. By Messrs. Mullinax of the 69th, Brown of the 34th 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 weekly amounts; to establish a new statewide reserve ratio table for application to employer tax rates.

The Committee on Industry, Labor and Tourism offered the following amendment:
Amend HB 30 by striking on Page 2, line 23, the following:
"-- 2,249.99" and inserting in lieu thereof the words "and over", and
By striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read as follows:
"Section 6. Said Act is further amended by adding a new sub section numbered (g) to Section 14 and said new subsection (g) shall read as follows:

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205

'(g) Any employing unit which shall sell out its business or stock of goods, or transfers same or shall quit the business, shall, within 30 days after such sale or transfer, file all wage summary reports with the Agency and pay all contributions, interest and penalties required by this Act with respect to wages for employment up to the date of said sale or transfer. The purchaser, transferee, successor or assigns, shall withhold a sufficient amount from the purchase money to cover the amount of all contributions, interest and penalties due and unpaid by the seller or transferor, or if the pay ment of money is not involved, shall withhold the performances of the condition that constitutes the consideration for the transfer, until such time as the said seller shall produce a certificate from the Agency showing that all reports have been filed and all contributions, interest and penalties have been paid, or produce a certificate that no reports are due and no contributions, interest or penalties are due. If the seller or transferor shall fail to pay such contributions within the 30 days as specified, then the purchaser, transferee, successor or assigns, shall pay the money so withheld to the Agency. If the said seller shall fail to pay the aforementioned contributions, interest or penalties within the 30 days, and said purchaser shall either fail to withhold such purchase money as above required or shall fail to pay the same to the Agency immediately after the expiration of 30 days from the date of such sale as above required, or shall fail to withhold the performance of the condition that con stitutes the consideration, for the transfer, in cases where the pay ment of money is not involved or is not the sole consideration, such purchaser or transferee shall be personally liable for the payment of the contributions, interest and penalties incurred by the said seller, transferor or assignor up to the amount of the reasonable value of all property, both real and personal, acquired by him.' "

On the adoption of the amendment, the yeas were 0, nays 45, and the com mittee amendment was lost.
Senator Ballard of the 45th offered the following amendment: Amend HB 30 by striking Section 6 in its entirety and renumbering
Sections 7, 8, and 9 as Section 6, 7 and 8.
On the adoption of the amendment, the yeas were 44, nays 0, and the amend ment was adopted.
Senator Ballard of the 45th offered the following amendment: Amend HB 30 by striking on Page 2, line 23, the following: "--2,249.99" and inserting in lieu thereof the words "and over".
On the adoption of the amendment, the yeas were 49, 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 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cover dell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill . Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren
Young

Not voting were Senators Duncan and Robinson.

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Holloway of the 12th moved that HB 30 be immediately transmitted to the House.

On the motion, the yeas were 42, nays 0; the motion prevailed, and HB 30 was immediately transmitted to the House.

Senator Sutton of the 9th introduced as Doctor of the Day, Dr. Robert P. Wight, Jr., of Tifton, Georgia.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

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207

HB 91. By Messrs. Cole and Foster of the 6th:
A bill to amend Code Section 26-1704, relating to bad checks, so as to define the offense of criminal issuance of a bad check; to provide prima facie evidence of such offense; to provide punishments for such offense.

Senator Holloway of the 12th 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 36. By Senator Riley of the 1st:
A bill to amend Section 89-811 of the Code of Georgia of 1933, relating to the designation of solvent banks as depositories of all county monies and monies belonging to the school funds of the counties and of school districts therein, and of other districts therein organized for any purpose, so as to provide that federal savings and loan associations, or State chartered building and loan associations, may also be utilized as de positories of county monies and the other types of funds and monies hereinabove described.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill

Those not voting were Senators:

Broun of 46th Dean of 31st Duncan Holloway (presiding)

Howard Langford Reynolds Robinson

Overby Pearce Riley Russell Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Tysinger Warren Young
Shapard Starr Turner

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On the passage of the bill, the yeas were 45, nays 0.

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

The President resumed the Chair.

SB 37. By Senator Overby of the 49th:
A bill to amend an Act providing for the registration and regulation of cemeteries, approved April 4, 1969 (Ga. L. 1969, p. 242), as amended, so as to provide that assets of the trust funds required to be established by perpetual care cemeteries and which are held by a State bank or national bank or trust company qualified to act as fiduciaries in this State may be invested in common trust funds maintained by such State bank or national bank or 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:

Those voting in the affirmative were Senators:

BaHard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie

Those not voting were Senators:

Duncan Langford Pearce

Reynolds Robinson

McGill Overby Riley Russell Shapard Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Starr Stumbaugh

On the passage of the bill, the yeas were 49, nays 0.

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209

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

SB 52. By Senator Holloway of the 12th:
A bill to amend Code Section 113-1508, relating to priority of claims against the estate of a decedent, so as to include the funeral expenses of a deceased person who leaves a surviving spouse as a claim against the estate; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Riley Russell Shapard Starr Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Brantley Duncan Fincher

Hamilton of 34th Hudson Pearce Reynolds

Robinson Stephens Tate

On the passage of the bill, the yeas were 45, nays 0.

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

SB 60. By Senators Turner of the 8th, Russell of the 10th, Sutton of the 9th and Eldridge of the 7th:
A bill to add one additional judge of the Superior Courts of the Southern Judicial Circuit of Georgia; to provide for the appointment of such

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additional judge by the Governor; to provide for the election of succes sors to the judge initially appointed.

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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Pincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce

Those not voting were Senators:

Bond Dean of 6th Duncan

Hamilton of 34th Hudson McDowell

Riley Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Reynolds Robinson Summers

On the passage of the bill, the yeas were 47, nays 0.

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

SB 65. By Senator Sutton of the 9th:
A bill to amend Code Section 95A-622, relating to management of real property acquired for public road purposes, so as to provide that the department, county, or municipality having acquired real property for public road purposes may negotiate a lease with State or federal author ities without the requirement of sealed bids or leasing to the former owner.

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

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211

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Coverdell Duncan

Holley

Lester

On the passage of the bill, the yeas were 52, nays 0.

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

SB 67. By Senators Langford of the 51st, Overby of the 49th, Howard of the 42nd and others:
A bill to amend Code Section 113-606 relating to probate of wills in common form in vacation, so as to provide that the order admitting a will to record shall be granted at any time during vacation when the probate of the will in common form is taken.

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
Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill Overby Pearce

Reynolds
Riley Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Duncan

Fincher Lester

Summers

On the passage of the bill, the yeas were 51, nays 0.

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

Senator Howard of the 42nd moved that the following resolution of the Senate be removed from the table:

SR 12. By Senators Coverdell of the 40th, Garrard of the 37th, Warren of the 43rd 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.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Brantley

Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge

Fincher Foster Garrard Hamilton of 26th Hamilton of 34th Hill

Holley Holloway Howard Hudgins Hudson Langford Lester McDowell Pearce

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213

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Barker Broun of 46th Brown of 47th Gillis

Kennedy Kidd Lewis McDuffie

McGill Overby Reynolds

Not voting was Senator Duncan.

On the motion to remove SR 12 from the table, the yeas were 44, nays 11; the motion prevailed, and SR 12 was removed from the table and placed on the Senate calendar.

The following general resolution of the Senate, read the third time and tabled on January 23, and removed from the table on January 24, was put upon its adoption:

SR 12. By Senators Coverdell of the 40th, Garrard of the 37th, Warren of the 43rd 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 amendment for rati fication 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 Constitution 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, elected by the people, which shall convene by not later than April 1, 1978. Such constitutional convention shall consist of not less than 40 nor more

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than 100 members, 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 convention may deem necessary or desirable. No proposed revision of this Constitution or any amendments thereto prepared by such constitutional 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 law adopted by the General Assembly pursuant to the authority and requirements of this Paragraph may provide for all matters necessary or convenient for the establishment and operation 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 au thorize and direct the General Assembly to pro-
( ) NO vide by law for a constitutional convention?"

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 Coverdell of the 40th offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and direct the General Assembly to provide by law for a constitutional con vention; 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 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:

FRIDAY, JANUARY 24, 1975

215

"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, 1978. Such constitutional conven tion shall consist of not less than 40 nor more than 100 members, and the representation thereon shall be based on population as near as practicable. It is specifically provided that except for the limitations relative to the number of members of the convention and the require ment that representation thereon shall be based on population, as near as practicable, the composition of the convention shall be as pro vided by law and may be composed of appointed members or mem bers elected by the people or a combination of both elected and appointed members in such manner and pursuant to such require ments as the General Assembly shall determine. Such constitutional convention shall prepare such amendment or amendments to or revision of this Constitution or revision of one or more Articles of this Constitution as such convention may deem necessary or desir able, but the manner in which such amendment or amendments to or revision of this Constitution or revision of one or more Articles of this Constitution shall be submitted to the people for ratification or rejection, except as hereinafter provided, shall be as the General Assembly shall provide by law. It is specifically provided, however, that the authority of the General Assembly to provide by law for the manner of such submission shall not authorize the General Assembly to revise, amend, or otherwise alter the substantive content of a revision of this Constitution or revision of one or more Articles of this Constitution or any amendment or amendments to this Con stitution prepared by such constitutional convention. No proposed revision of this Constitution or revision of one or more Articles of this Constitution or any amendment or amendments to this Con stitution prepared by such constitutional convention shall be effec tive until the same has been submitted to and ratified by the people. The General Assembly shall provide by law for such submission, and such law may provide for the submission of one or more amend ments to be voted on separately, or for the submission of one or more revised Articles to be voted on separately or for the submission of a combination of revised Articles and amendments to be voted on separately or for the submission of a revised or new Constitution in order to enable the voters to ratify or reject any proposals pre pared by the convention. The requirements relative to the election at which submitted, advertisement, and the vote required for ratifica tion shall be the same for any amendment to this Constitution, revision of this Constitution or revision of an Article of this Con stitution proposed by the convention as for a general amendment or a proposal for a new Constitution proposed by the General As sembly as provided by Paragraph I of Section I of Article XIII of this Constitution. The General Assembly may provide by law for the creation and operation of the convention and may provide by
subsequently enacted law for the submission of proposals prepared
by the convention to the people for ratification or rejection. The
law or laws adopted by the General Assembly pursuant to the
authority and requirements of this Paragraph may provide for all
matters necessary or convenient for the establishment and operation
of said constitutional convention, and such law or laws shall be

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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 and direct the General Assembly to
( ) NO provide by law for a constitutional convention?"

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 yeas were 31, nays 7, and the substitute to SR 12 was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss

Foster Garrard Hamilton of 26th Hamilton of 34th
Holley Holloway Howard Hudgins Hudson Kidd Langford Lester

Those voting in the negative were Senators:

Barker Brown of 47th

Eldridge

Robinson Shapard Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young
Gillis

Hill Kennedy Lewis McDowell McDuffie

FRIDAY, JANUARY 24, 1975

217

McGill Overby Pearce Reynolds Riley

Russell Starr Timmons

Those not voting were Senators:

Duncan

Fincher

Stephens

On the adoption of the resolution, the yeas were 36, nays 17.

The resolution, having failed to receive the requisite constitutional majority, was lost.

Senator Coverdell of the 40th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 12.

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

SB 11. By Senators Reynolds of the 48th and Brown of the 47th:
A bill to provide for the consideration 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.

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 Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st

Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Holley Holloway Howard Hudgins

Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce Reynolds

218
Riley Robinson Russell Starr Stephens

JOURNAL OF THE SENATE,

Stumbaugh Summers Tate Timmons Traylor

Turner Tysinger Warren Young

Those voting in the' negative were Senators:

Barnes Dean of 6th Hamilton of 34th

Hill McDowell Shapard

Button Thompson

Not voting was Senator Duncan.

On the passage of the bill, the yeas were 47, nays 8.

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

Under provisions of SR 35, Senator Barker of the 18th introduced Major General Ralph T. Holland, who addressed the Senate.

Dr. Dan Callahan was also introduced to 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 a communication to the Senate on January 13, 1975, which is included in the journal of January 13.

Senator Riley of the 1st 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 yeas were 44, nays 0; the motion prevailed, and the reading of the appointments was dispensed with.

The Committee on Human Resources submitted the following reports which were read by the Secretary:

FRIDAY, JANUARY 24, 1975

219

THE STATE SENATE Atlanta, Georgia 30334

January 24, 1975

The Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Hamilton:
The Senate Human Resources Committee met at 9:30 a.m., January 24, 1975 and recommended the nomination of The Honorable Jack H. Watson, Jr. of Fulton County as a member of the Board of Human Resources.
Sincerely, /s/ W. W. (Bill) Fincher

THE STATE SENATE Atlanta, Georgia 30334
January 23, 1975
The Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Hamilton:
The Senate Human Resources Committee met upon adjournment today and recommended the nomination of the Honorable M. Virginia Tuggle of DeKalb County as a member of the Composite State Board of Medical Examiners.
Sincerely, /s/ W. W. (Bill) Fincher

The Committee on Rules submitted the following report which was read by the Secretary:

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THE STATE SENATE Atlanta, Georgia 30334

January 24, 1975

Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia
Dear Mr. McWhorter:
The Committee on Rules met this 24th day of January, 1975, and considered the appointment of Mrs. Isabel Gates Webster of Fulton County as a member of the State Personnel Board for the term beginning September 30, 1974 and ending November 23, 1978, and recommend to the Senate that tbis appointment be confirmed.
Respectfully submitted,
/s/ Frank Eldridge, Jr., Chairman

Senator Kidd of the 25th requested that the confirmation of Mr. Jack H. Watson, Jr., to the Board of Human Resources 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, Governor Jimmy Carter, except the deletion 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge

Fincher Foster Garrard Gillis Hamilton 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd

Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Shapard Starr Stephens

FRIDAY, JANUARY 24, 1975

221

Stumbaugh Summers Sutton Tate

Thompson Timmons Traylor Turner

Tysinger Warren Young

Those not voting were Senators:

Dean of 6th

Duncan

Russell

On the confirmation of the appointees, the yeas were 53, nays 0, and all of the appointments were confirmed.

On the confirmation of Jack H. Watson, Jr. to the Board of Human Resources, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th
Hill Holloway Howard Hudson Kennedy Langford Lester McGill Overby Reynolds Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Dean of 6th Kidd

Lewis McDowell

McDuffie

Those not voting were Senators:

Duncan Holley

Hudgins

Pearce

On the confirmation of Jack H. Watson, Jr., the yeas were 47, nays 5, and the appointment of Jack H. Watson, Jr., to the Board of Human Resources was confirmed.

On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor George Busbee:

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JOURNAL OF THE SENATE,

OFFICE OF SECRETARY OF THE SENATE 353 State Capitol
Atlanta, Georgia 30334

January 24, 1975

Honorable George Busbee, Governor State Capitol Atlanta, Georgia 30334
Dear Governor:
Under the Rules of the Georgia State Senate governing confirmation of appointments, I have the honor to report to you as follows:
Nominations sent to the Senate by Governor Jimmy Carter on Jan uary 13, 1975, were acted upon by the Georgia State Senate in session on January 24, 1975, with the following results:
Honorable Charles W. Jenkins of Dougherty County as a mem ber of the State Board of Accountancy for the term of office begin ning November 5, 1974, and ending June 30, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable Bernard B. Rothschild of Fulton County as a mem ber of the State Board for Examination, Qualification and Registra tion of Architects for the term of office beginning May 15, 1974, and ending March 5, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable John Henry Anderson, Jr., of Pulaski County as a member of the Area Planning & Development Advisory Committee for a term of office beginning September 15, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable Wilbur Hoover of Elbert County as a member of the Area Planning and Development Advisory Committee for a term beginning January 1, 1975, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable Frank B. Turner of Newton County as a member of the Area Planning and Development Advisory Committee for a term of office beginning April 25, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable Ben Whitaker of Gilmer County as a member of the Area Planning and Development Advisory Committee for a term of office beginning September 25, 1974, and serving at the pleasure of

FRIDAY, JANUARY 24, 1975

223

the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Frank E. Carlton of Chatham County as a member of the Atlantic States Marine Fisheries Commission for the term of office beginning July 26, 1974, and ending May 18, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable John J. Neely, Jr., of Taylor County as a member of the State Building Administrative Board for the term of office beginning September 16, 1974, and ending December 1, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. D. M. Livingston of Polk County as a member of the Georgia Board of Chiropractic Examiners for the term of office beginning August 26, 1974, and ending August 20, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Hoyt B. Duke of Richmond County as a member of the Georgia Board of Chiropractic Examiners for the term of office beginning September 30, 1974, and ending September 8, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Hugh Lawson of Pulaski County as a member of the Board of Community Development for the term of office begin ning November 5, 1974, and ending April 1, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable John Cox of Fulton County as a member of the State Board of Corrections and the Board of Offender Rehabilitation for the term of office beginning December 20, 1974, and ending No vember 27, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Ruth Reddy of Lowndes County as a member of the Georgia State Board of Cosmetology for the term of office beginning June 24, 1974, and ending May 1, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Mary Bryant Guest of Fulton County as a member of the Georgia State Board of Cosmetology for a term of office beginning June 24, 1974, and ending May 1, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Edna West of DeKalb County as a member of the Georgia State Board of Cosmetology for the term of office beginning No vember 21, 1974, and ending May 1, 1975. The vote on this con firmation was ayes 53, nays 0, and the nominee was confirmed.

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Ms. Clarissa Hulsey of Hall County as a member of the Georgia State Board of Cosmetology for the term of office beginning No vember 21, 1974, and ending May 1, 1976. The vote on this confirma tion was ayes 53, nays 0, and the nominee was confirmed.

Dr. William R. Jerles of Houston County as a member of the Board of Dental Examiners of Georgia for the term of office begin ning April 11, 1974, and ending March 15, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Lewis H. Williams of Stephens County as a member of the Board of Dental Examiners of Georgia for the term of office begin ning May 6, 1974, and ending March 15, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. George J. Schuette of Fulton County as a member of the Board of Dental Examiners of Georgia for the term of office beginning September 12, 1974, and ending August 1, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Marilyn E. Stone of DeKalb County as a member of the Board of Dental Examiners of Georgia for the term of office beginning December 31, 1974, and ending January 4, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Billy E. Nails of Jasper County as a member of the Georgia Development Authority for the term of office beginning July 9, 1974, and ending June 1, 1982. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Brice Bishop of Clarke County as a member of the Georgia State Board of Electrical Contractors for the term of office beginning August 26, 1974, and ending July 1, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was con firmed.

Honorable William P. McCuen of Chatham County as a member of the Georgia State Board of Electrical Contractors for the term of office beginning August 26, 1974, and ending July 1, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Dock H. Davis of Fulton County as a member of the Board of Review, Employment Security Agency, for the term of office beginning December 23, 1974, and ending November 14, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable George Britton Smith of Fulton County as a member of the Board of Review, Employment Security Agency, for the term

FRIDAY, JANUARY 24, 1975

225

of office beginning December 31, 1974, and ending November 14, 1980. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Emory C. Parrish of Cobb County as a member of the Board of Registration for Professional Engineers and Land Surveyors for the term of office beginning September 16, 1974, and ending June 1, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Allyn M. Herrick of Clarke County as a member of the State Board of Registration for Foresters for the term of office beginning September 30, 1974, and ending March 19, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable Felton Denney of Carroll County as a member of the State Forestry Commission for the term of office beginning July 30, 1974, and ending January 1, 1980. The vote on this con firmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Ernest C. Huey of Cherokee County as a member of the Georgia State Board of Funeral Service for the term, of office beginning August 26, 1974, and ending February 13, 1980. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable J. Fred Gunter of Fulton County as a member of the Long-Term Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable R, Wayne Lowe of Houston County as a member of the Long-Term Health Care Facility Advisory Council for a term of office beginning October 1, 1974, and ending March 31, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Edward M. Mclntyre of Richmond County as a mem ber of the Long-Term Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable H. C. Morrison of Chatham County as a member of the Long-Term Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable E. Thomas Stroud of Glynn County as a member of the Long-Term Health Care Facility Advisory Council for the

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term of office beginning October 1, 1974, and ending March 31, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Gerald Bishop of Cobb County as a member of the Long-Term Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Edward Bond of Bibb County as a member of the Long-Term Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Joe Cobis of Muscogee County as a member of the Long-Term Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable William C. Davis of Jones County as a member of the Long-Term Health Care Facility Advisory Council for the term of office beginning October 1, 1974, and ending March 31, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Hugh Bray of Muscogee County as a member of the Georgia State Board of Hearing Aid Dealers and Dispensers for the term of office beginning September 16, 1974, and ending July 1, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable John S. Laws of Appling County as a member of the Charles H. Herty Foundation for the term of office beginning October 7, 1974, and ending February 19, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable William J. McCormick of Chatham County as a member of the Charles H. Herty Foundation for the term of office beginning November 12, 1974, and ending February 19, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable H. Lehman Franklin, Jr., of Bulloch County as a member of the Charles H. Herty Foundation for the term of office beginning November 25, 1974, and ending February 19, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Dr. Robert Repass of Clarke County as a member of the Board of Human Resources for the term of office beginning April 11,

FRIDAY, JANUARY 24, 1975

227

1974, and ending April 6, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Jack H. Watson, Jr., of Pulton County as a member of the Board of Human Resources for the term of office beginning April 11, 1974, and ending April 6, 1979. The vote on this confirma tion was ayes 47, nays 5, and the nominee was confirmed.

Reverend Nelson Price of Cobb County as a member of the Board of Human Resources for the term of office beginning No vember 5, 1974, and ending April 6, 1976. The vote on this con firmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Howard Ector of Cobb County as a member of the Judicial Qualifications Commission for the term of office beginning December 31, 1974, and ending December 31, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was con firmed.

Dr. Marcus Mashburn, Jr., of Forsyth County as a member of the Lake Lanier Islands Development Authority for the term of office beginning July 26, 1974, and ending May 15, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Elizabeth Moore of Laurens County as a member of the State Board for the Certification of Librarians for the term of office beginning December 31, 1974, and ending January 1, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Grace B. Knight of Towns County as a member of the Board of Examiners of Practical Nurses of Georgia for the term of office beginning December 31, 1974, and ending April 1, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Delmas Wheeler of Toombs County as a member of the State Board for the Certification of Librarians for the term of office beginning December 31, 1974, and ending December 31, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Jo Ann Goldman of Fulton County as a member of the Council on Maternal and Infant Health for the term of office beginning July 1, 1974, and ending July 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Judson L. Hawk, Jr., of Fulton County as a member of the Council on Maternal and Infant Health for the term of office beginning July 1, 1974, and ending July 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

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Dr. Lewis Levy of Muscogee County as a member of the Council on Maternal and Infant Health for the term of office beginning July 1, 1974, and ending July 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. W. Ronald Tipton of Whitfield County as a member of the Council on Maternal and Infant Health for the term of office beginning July 1, 1974, and ending July 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Duncan Farris of Ware County as a member of the Com posite State Board of Medical Examiners for the term of office beginning June 28, 1974, and ending September 1, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. A. R. Haight of Forsyth County as a member of the Com posite State Board of Medical Examiners for the term of office beginning December 31, 1974, and ending September 10, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Bernard J. Bridges of Fulton County as a member of the Composite State Board of Medical Examiners for the term of office beginning December 31, 1974, and ending September 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. George T. Mims of Cobb County as a member of the Composite State Board of Medical Examiners for the term of office beginning December 31, 1974, and ending September 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. M. Virginia Tuggle of DeKalb County as a member of the Composite State Board of Medical Examiners for the term of office beginning December 31, 1974, and ending September 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable Robert J. Eubanks of Spalding County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was con firmed.
Honorable Seth L. Knight, Jr., of Floyd County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Robert R. Meredith of Franklin County as a member of the Georgia Motor Vehicle Commission for the term of office

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229

beginning May 24, 1974, and ending May 24, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable L. Cohen Walker, Sr., of Houston County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Don Yancey of Cobb County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Robert M. Matre of Dougherty County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Harry V. Ruth of DeKalb County as a member of the Georgia Motor Vehicle Commission for the term of office begin ning May 24, 1974, and ending May 24, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Louis N. Widener of Fulton County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was con firmed.

Honorable Alton Wingate of Habersham County as a member of the Georgia Motor Vehicle Commission for the term of office beginning May 24, 1974, and ending May 24, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was con firmed.
Honorable Harold H. Edwards of Fulton County as a member of the Georgia Motor Vehicle Commission for the term of office beginning December 31, 1974, and ending May 24, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable Wade Coleman of Lowndes County as a member of the Board of Natural Resources for the term of office beginning April 11, 1974, and ending March 16, 1981. The vote on this con firmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Verdelle B. Bellamy of Fulton County as a member of the Board of Examiners of Nurses for Georgia for the term of office beginning December 9, 1974, and ending September 23, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

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JOURNAL OF THE SENATE,

Mrs. lula Stiggers of Troup County as a member of the Board of Examiners of Practical Nurses of Georgia for the term of office
beginning September 30, 1974, and ending April 1, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Ms. Roselle Tobias of Cobb County as a member of the Board of Examiners of Practical Nurses of Georgia for the term of office beginning December 31, 1974, and ending April 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Bernard L. Brown, Jr., of Cobb County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning December 31, 1974, and ending De cember 29, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Ms. Catherine Summerlin of Baldwin County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning December 31, 1974, and ending December 29, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Gene Clark of Floyd County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning December 31, 1974, and ending December 29, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable William Barrett of Clarke County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning December 31, 1974, and ending December 29, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Charles Hill of Union County as a member of the Board of Offender Rehabilitation for the term of office beginning September 26, 1974, and ending April 6, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Rex Snell of Spalding County as a member of the State Board of Dispensing Opticians for the term of office beginning April 11, 1974, and ending March 16, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was
confirmed.

Honorable George Dobbs of Floyd County as a member of the State Board of Dispensing Opticians for the term of office begin ning April 23, 1974, and ending March 16, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

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231

Dr. Elias Saliba of Hart County as a member of the Georgia State Board of Examiners in Optometry for the term of office
beginning September 30, 1974, and ending September 6, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. I. Dell Engram, Jr. of Fulton County as a member of the Georgia State Board of Examiners in Optometry for the term of
office beginning November 7, 1974, and ending February 19, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Leslie Summerford of Dougherty County as a mem ber of the Georgia Peace Officer Standards and Training Council for the term of office beginning July 1, 1974, and ending July 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Millard S. Kennedy of Webster County as a member of the Georgia Peace Officer Standards and Training Council for the term of office beginning September 16, 1974, and ending July 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Isabel Gates Webster of Fulton County as a member of the State Personnel Board for the term beginning September 30, 1974, and ending November 23, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Arthur Hugh Redding of Early County as a member of the Georgia State Board of Pharmacy for the term of office begin ning November 1, 1974, and ending November 1, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was con firmed.
Miss Glory Sanders of Fulton County as a member of the Board of Physical Therapy for the term of office beginning September 16, 1974, and ending August 30, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. A. R. Pitts, Jr., of Lowndes County as a member of the State Board of Podiatry Examiners for the term of office beginning July 26, 1974, and ending May 5, 1977. The vote on this confirma tion was ayes 53, nays 0, and the nominee was confirmed.

Honorable James Huckabee of Rockdale County as a member of the Board of Polygraph Examiners for the term of office beginning December 9, 1974, and ending July 15, 1980. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable P. E. (Pete) Clifton of Chatham County as a mem ber of the Georgia Ports Authority for the term of office beginning

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JOURNAL OF THE SENATE,

July 2, 1974, and ending June 30, 1978. The vote on this confirma tion was ayes 53, nays 0, and the nominee was confirmed.
Honorable Robert D. Miles of Glynn County as a member of the Georgia Ports Authority for the term of office beginning September 30, 1974, and ending June 30, 1978, The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable Robert H. Tharpe, Sr., of Fulton County as a mem ber of the Georgia Ports Authority for the term of office beginning September 30, 1974, and ending June 30, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable John W. Crunkleton of Gwinnett County as a mem ber of the Georgia Board of Private Detective and Private Security Agencies for the term of office beginning November 7, 1974, and ending June 11, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Dr. Virginia Zachert of Richmond County as a member of the State Board of Examiners of Psychologists for the term of office beginning September 16, 1974, and ending January 7, 1979. The vote on this confirmation was ayes 53, nays 0, and nominee was confirmed.
Honorable Claude M. Lewis of Houston County as a member of the Board of Recreation Examiners of the State of Georgia for the term of office beginning September 12, 1974, and ending April 22, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Thomas E. Dennard, Jr., of Glynn County as a member of the Georgia Residential Finance Authority for the term of office beginning May 21, 1974, and ending May 21, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Thomas T. (Sonny) Shealy of Bibb County as a member of the Georgia Residential Finance Authority for the term of office beginning May 21, 1974, and ending May 21, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Lottie H. Watkins of Fulton County as a member of the Georgia Residential Finance Authority for the term of office beginning May 21, 1974, and ending May 21, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was con firmed.

Honorable Charles W. Yeargin of Elbert County as a member of the Georgia Residential Finance Authority for the term of office beginning May 21, 1974, and ending May 21, 1978. The vote on

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233

this confirmation was ayes 53, nays 0, and the nominee was con firmed.
Honorable Eucle George of Houston County as a member of the State Board of Examiners for Registered Professional Sani tarians for the term of office beginning August 13, 1974, and ending April 24, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable James E. Cushman of Pulton County as a member of the Southern Growth Policies Board for the term of office beginning March 1, 1974, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Professor Frank R. Bowers of Clarke County as a member of the Southern Growth Policies Board for the term of office begin ning March 1, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Lamar R. Plunkett of Carroll County as a member of the Board of Control for Southern Regional Education for the term of office beginning July 26, 1974, and ending June 30, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Stanley Ainsworth of Clarke County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning June 24, 1974, and ending June 24, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Ms. Anne W. Herbert of Fulton County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning June 24, 1974, and ending June 24, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Steven A. Fellows of Floyd County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning June 24, 1974, and ending June 24, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Sol Rundbaken of Chatham County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning June 24, 1974, and ending June 24, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Curtis N. Williams of Dougherty County as a member of the Board of Examiners for Speech Pathology and Audiology

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JOURNAL OF THE SENATE,

for the term of office beginning June 24, 1974, and ending June 24, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Claude Lee Pennington of Bibb County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning June 24, 1974, and ending June 24, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Winfred Harris of Fulton County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning June 24, 1974, and ending June 24, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Terry Shapiro of Cobb County as a member of the Board of Examiners for Speech Pathology and Audiology for the term of office beginning December 31, 1974, and ending June 24, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable George M. D. (John) Hunt, III, of Tift County as a member of the Stone Mountain Memorial Association for the term of office beginning December 31, 1974, and ending February 24, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable James A. Blissit of Richmond County as a member of the Board of Trustees for the Teachers Retirement System of Georgia for the term of office beginning September 30, 1974, and ending June 30, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable James W. King of Bibb County as a member of the State Board of Registration for Used Car Dealers for the term of office beginning September 12, 1974, and ending May 20, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Lester Kennedy of Jackson County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts for the term of office beginning December 31, 1974, and ending January 1, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Roy Holland of Laurens County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts for the term of office beginning December 31, 1974, and ending January 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

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235

Honorable Marion Smith, II, of Fulton County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts for the term of office beginning December 31, 1974, and ending January 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable B. M. Pike of Spalding County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts for the term of office beginning December 31, 1974, and ending January 1, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. W. F. Bozeman of Cook County as a member of the Board of Veterinary Medicine for the term of office beginning Septem ber 30, 1974, and ending September 16, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Miss Estelle Clemmons of Fulton County as a member of the Commission on the Status of Women for the term of office begin-
ing May 15, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Faith M. Willis of Glynn County as a member of the Com mission on the Status of Women for the term of office beginning May 15, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Robert S. (Genny) Griffin of Crisp County as a member of the Commission on the Status of Women for the term of office beginning May 15, 1974, and serving at the pleasure of the Gov ernor. The vote on this nomination was ayes 53, nays 0, and the nominee was confirmed.

Sister Mary Julian of Chatham County as a member of the Commission on the Status of Women for the term of office beginning May 15, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Floyd (Joy) Moon of Lowndes County as a member of the Commission on the Status of Women for the term of office beginning May 15, 1974, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. C. A. Garner, Sr., of Gwinnett County as a member of the Commission on the Status of Women for the term of office beginning August 19, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

236

JOURNAL OF THE SENATE,

Mrs. Norman E. White of Fulton County as a member of the Commission on the Status of Women for the term of office begin ning September 26, 1974, and serving at the pleasure of the Gov ernor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Johnnie L. Clark of Fulton County as a member of the Commission on the Status of Women for the term of office beginning September 26, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Gloria M. Shatto of DeKalb County as a member of the Commission on the Status of Women for the term of office begin ning September 26, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Margaret Rowley of Fulton County as a member of the Commission on the Status of Women for the term of office beginning September 26, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Carolyn Boyd Hatcher of Fulton County as a member of the Commission on the Status of Women for the term of office beginning September 26, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Marie W. Dodd of Fulton County as a member of the Commission on the Status of Women for the term of office begin ning September 26, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Mrs. Alice Lewinson of Whitfield County as a member of the Commission on the Status of Women for the term of office beginning September 26, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Ms. Joe Wilkes of Glynn County as a member of the Com mission on the Status of Women for the term of office beginning September 26, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Ms. Mary Jane Stinson of Chatham County as a member of the Commission on the Status of Women for the term of office beginning September 26, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

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237

Honorable Leon Farmer, Jr., of Clarke County as a member of the Commission on the Status of Women for the term of office beginning September 26, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable William B. Hardegree of Muscogee County as a member of the Commission on the Status of Women for the term of office beginning September 26, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Ms. Carol Roberts of Clarke County as a member of the Commission on the Status of Women for the term of office begin ning October 10, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.
Honorable Homer A. Houchins, Jr., of DeKalb County as a member of the Commission on the Status of Women for the term of office beginning October 10, 1974, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Paul L. Bradley of Whitfield County as a member of the Workmen's Compensation Medical Board for the term of office beginning January 7, 1975, and ending March 30, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. J. D. Christian, Jr., of Richmond County as a member of the Workmen's Compensation Medical Board for the term of office beginning January 7, 1975, and ending March 30, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. A. B. Conger of Muscogee County as a member of the Workmen's Compensation Medical Board for the term of office begin ning January 7, 1975, and ending March 30, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Albert M. Davis of Fulton County as a member of the Workmen's Compensation Medical Board for the term of office beginning January 7, 1975, and ending March 30, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. Beverly B. Sanders, Jr., of Bibb County as a member of the Workmen's Compensation Medical Board for the term of office beginning January 7, 1975, and ending March 30, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

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JOURNAL OP THE SENATE,

Honorable Ernest B. Davis of Fulton County as a member of the George L. Smith, II, Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending as provided by law. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Jasper N. Dorsey of Fulton County as a member of the George L. Smith, II, Georgia World Congress Center Au thority for the term of office beginning March 12, 1974, and end ing March 16, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Gene Dyson of DeKalb County as a member of the George L. Smith, II, Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending March 16, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Ford B. Spinks of Tift County as a member of the George L. Smith, II, Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 7,
1974. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Ford B. Spinks of Tift County as a member of the George L. Smith, II, Georgia World Congress Center Authority for the term of office beginning August 26, 1974, and ending April 7, 1980. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Julius F. Bishop of Clarke County as a member of the George L. Smith, II, Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Billy G. Fallin of Colquitt County as a member of the George L. Smith, II, Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable John T. Fleetwood, Sr., of Bartow County as a member of the George L. Smith, II, Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Ray W. Gunnin of Gwinnett County as a member of the George L. Smith, II, Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

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239

Honorable C. A. Knowles of Spalding County as a member of the George L. Smith, II, Georgia World Congress Center Au thority for the term of office beginning March 12, 1974, and ending April 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Nick Mamalakis of Chatham County as a member of the George L. Smith, II, Georgia World Congress Center Au thority for the term of office beginning March 12, 1974, and ending April 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable David G. Mercer of Laurens County as a member of the George L. Smith, II, Georgia World Congress Center Au thority for the term of office beginning March 12, 1974, and ending April 1, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Frank Neel of Thomas County as a member of the George L. Smith, II, Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable John M. Pope of Sumter County as a member of the George L. Smith, II, Georgia World Congress Center Authority for the term of office beginning March 12, 1974, and ending April 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Roger Schoerner of Carroll County as a member of the George L. Smith, II, Georgia World Congress Center Au thority for the term of office beginning March 12, 1974, and end ing April 1, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Rupert W. Bazemore of Chatham County as a mem ber of the State Board of Examiners of Plumbing Contractors for the term of office beginning August 27, 1974, and ending June 30, 1978. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable James M. Watts of Baldwin County as the Solicitor of the County Court of Baldwin County for the term of office beginning April 19, 1974, and ending January 1, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Joseph C. Greene of Jones County as the Judge of the Small Claims Court of Jones County for the term of office beginning May 6, 1974, and ending February 1, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was con
firmed.

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JOURNAL OF THE SENATE,

Mrs. Emily W. Green of Jones County as the Judge of the Small Claims Court of Jones County for the term of office beginning October 21, 1974, and ending February 1, 1975. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable E. R. Smith, Jr., of Coffee County as the Judge of the State Court of Coffee County for the term of office beginning May 22, 1974, and ending January 1, 1977. The vote on this con firmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Curtis Farrar, Jr., of Coffee County as the Solicitor of the State Court of Coffee County for the term of office begin ning May 22, 1974, and ending January 1, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable E. Hodges Rowland of Johnson County as the Solicitor of the State Court of Johnson County for the term of office begin ning October 15, 1974, and ending January 1, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Dr. B. B. Okel of DeKalb County as a member of the Board of Human Resources for the term of office beginning January 13, 1975. and ending April 6, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Wallace Adams of Wheeler County as a member of the Charles H. Herty Foundation for the term of office begin ning April 23, 1974, and ending February 19, 1979. The vote on this confirmation was ayes 53, nays 0, and the nominee was con firmed.

Dr. C. O. Templeton of Lowndes County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning December 31, 1974, and ending December 29, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable Colan C. Taylor of Candler County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning December 31, 1974, and ending June 4, 1977. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Honorable H. C. Morrison of Chatham County as a member of the Georgia State Board of Nursing Home Administrators for the term of office beginning December 31, 1974, and ending Decem ber 29, 1976. The vote on this confirmation was ayes 53, nays 0, and the nominee was confirmed.

Respectfully submitted,
/s/ Hamilton McWhorter, Jr. Secretary of the Senate

FRIDAY, JANUARY 24, 1975

241

The following bill of the House was read the first time and referred to a committee:

HB 91. By Messrs. Cole and Foster of the 6th:
A bill to amend Code Section 26-1704, relating to bad checks so as to define the offense of criminal issuance of a bad check; to provide prima facie evidence of such offense; to provide punishments for such offense. Referred to Committee on Judiciary.

The following resolution of the Senate, favorably reported by the committee, was read and adopted:

SR 22. By Senators Stephens of the 36th, Garrard of the 37th, Hudson of the 35th and others:
A resolution urging the State Department of Education and the Department of Public Safety to create a statewide "Officer Friendly" program.

The following resolution of the Senate was read and adopted:

SR 45. By Senators Bell of the 5th, Lewis of the 21st, Coverdell of the 40th and others:
A resolution relative to President Ford's visit to Georgia.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M., Monday, February 10, according to the provisions of the Constitu tion, and the motion prevailed.

The President announced the Senate adjourned at 1:05 o'clock P.M. until Monday, February 10 at 10:00 o'clock A.M.

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Senate Chamber, Atlanta, Georgia Monday, February 10, 1975

The Senate met pursuant to adjournment at 10:00 o'clock A.M. and was called to order by the President.
Senator Young of the 13th reported that the journal of the proceedings of Friday, January 24, had been read and found correct.
Senator Coverdell of the 40th moved that the Senate reconsider its action of January 24 in defeating the following resolution of the Senate:
SR 12. By Senators Coverdell of the 40th, Garrard of the 37th, Warren of the 43rd 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.
On the motion, the yeas were 42, nays 0; the motion prevailed, and SR 12 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 273. By Mr. Jessup of the 117th: A bill to amend an Act placing the Sheriff of Pulaski County upon an annual salary so as to change the provisions relating to deputy sheriffs.
HB 278. By Messrs. Rush of the 121st and Clifton of the 107th: A bill to consolidate the offices of Tax Receiver and Tax Collector of Tattnall County into the office of Tax Commissioner of Tattnall County.
HB 27&. By Messrs. Rush of the 121st and Clifton of the 107th: A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu

MONDAY, FEBRUARY 10, 1975

243

thereof an annual salary so as to change the provisions relating to the compensation of personnel of the clerk's office.

HB 304. By Messrs. Lee, Johnson, West and Bailey of the 72nd:
A bill to amend an Act incorporating the City of Riverdale, so as to change the terms of office of the mayor and councilmen of said city.

HB 305. By Mr. Bray of the 70th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court (formerly known as the Ordi nary) and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation so as to change the compensation provisions relating to the clerk of the judge of the probate court.

HB 320. By Mr. Walker of the 115th:
A bill to create a new charter for the City of Oglethorpe; to provide for incorporation of the City; to provide for corporate limits.

HB 148. By Messrs. Lambert of the 112th, Carlisle of the 71st, Burruss of the 21st and others:
A bill to create the Heritage Trust Commission; to set forth the powers and duties of the Board of Natural Resources.

HB 62. By Mr. Howell of the 140th: A bill to change the terms of the Superior Court of Miller County.

HB 207. 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 61. By Mr. Howell of the 140th:
A bill to amend Code Title 22, relating to corporations, so as to reduce the penalty imposed upon profit and nonprofit corporations for the late filing of annual reports.

HB 181. By Messrs. Pinkston of the 100th, Evans of the 99th, Lucas of the 102nd and others:
A bill to repeal Code Section 91-1126, relating to the use of certain publicly owned utilities.

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The House has agreed to the Senate amendments to the following bill of the House, to-wit:

HB 30. By Messrs. Mullinax of the 69th, Brown of the 34th, Carr of the 105th and Knight of the 67th:
A bill to amend an Act approved March 29, 1937, known as the "Unem ployment Compensation Law", (now Employment Security Law), so as to increase maximum weekly amounts; to establish a new statewide reserve ratio table for application to employer tax rates.

The following communications were read by the Secretary:
THE GENERAL ASSEMBLY Atlanta
To: Honorable Ben W. Fortson, Jr. Secretary of State
This is to certify that Honorable Tom Mitchell, Whitfield County, has been elected, pursuant to the provisions of Code Section 95A-306, relative to the State Transportation Board, as a member of the State Transportation Board from the Seventh Congressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1975 and expiring April 15, 1980.
This 21st day of January, 1975.
/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

THE GENERAL ASSEMBLY Atlanta
To: Honorable Ben W. Fortson, Jr. Secretary of State
This is to certify that Honorable Downing Musgrove, Clinch County, has been elected, pursuant to the provisions of Code Section 95A-306, relative to the State Transportation Board, as a member of the State Transportation Board from the Eighth Congressional District, for a term of five years and until his successor is elected and

MONDAY, FEBRUARY 10, 1975

245

qualified, such term beginning April 16, 1975, and expiring April 15, 1980.

This 21st day of January, 1975.

/s/ Zell Miller President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

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

SB 155. By Senators Garrard of the 37th and Coverdell of the 40th:
A bill to amend Code Section 39-1105, relating to fees for advertising, as amended, so as to change certain fees. Referred to Committee on County and Urban Affairs.

SB 156. By Senators Poster of the 50th, Stumbaugh of the 55th, Howard of the 42nd and others:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for employees of the State of Georgia, as amended. Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 157. By Senators Foster of the 50th, Stumbaugh of the 55th and Barker of the 18th:
A bill to authorize the Department of Administrative Services to permit Area Planning and Development Commissions to make purchases through the State and to issue purchase orders for Area Planning and Development Commissions. Referred to Committee on County and Urban Affairs.

SB 158. By Senator Sutton of the 9th:
A bill to provide a new Charter for the City of Ellenton, Georgia, in the county of Colquitt; to provide for the incorporation of said city; to provide for corporate boundaries; to provide for maps and descrip tions of the corporate boundaries; to provide for the corporate powers of the government of the City of Ellenton, to be exercised by the governing authority. Referred to Committee on County and Urban Affairs.

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SB 159. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend Code Section 93-307.1, relating to procedures for utility rate changes, as amended, so as to require publication of proposed rate changes; to provide an effective date. Referred to Committee on Consumer Affairs.

SB 160. By Senators Bell of the 5th, Tysinger of the 41st, Howard of the 42nd and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to change the membership of the Board of Directors of the Authority; to provide for terms of office. Referred to Committee on Transportation.

SB 161. By Senators Fincher of the 54th and Garrard of the 37th:
A bill to amend an Act providing for the control and operation of Clinical Laboratories, as amended, so as to delete therefrom that portion which exempts clinical laboratories operated for performance of pre marital serologic tests for syphilis, to increase from two to three the number of laboratories which one licensed director can direct at any given time. Referred to Committee on Human Resources.
SB 162. By Senators Fincher of the 54th and McDowell of the 2nd:
A bill to amend an Act, as amended, creating the Board of Examiners of Practical Nurses andi regulating the practice of practical nursing; so as to delete the requirement that an applicant submit evidence of United States citizenship to the Board of Examiners of Practical Nurses. Referred to Committee on Human Resources.
SB 163. By Senators Coverdell of the 40th and Lester of the 23rd:
A bill to require the Department of Offender Rehabilitation to head a special task force to prepare and submit to the Governor, the State Crime Commission, and each member of the General Assembly a written report regarding services necessary for the education, training rehabili tation and care of mentally retarded offenders. Referred to Committee on Offender Rehabilitation.
SB 164. By Senators Fincher of the 54th and Kidd of the 25th:
A bill to provide that the records and proceedings of any hospital medical review committee, medical organization committee or extended care facility committee shall be confidential; to provide that no mone tary liability shall arise as a result of any act or proceeding performed within the scope of the functions of any such committee. Referred to Committee on Human Resources.

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247

SB 165. 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 Judiciary.

SB 166. By Senator Langford of the 51st:
A bill to amend Code Title 68A, known as "The Uniform Rules of the Road", as amended, so as to permit vehicular traffic to turn right when facing a steady CIRCULAR RED signal under certain circumstances. Referred to Committee on Transportation.

SB 167. By Senators Barker of the 18th, Hudgins of the 15th, Russell of the 10th and others:
A bill to provide for the issuance of free motor vehicle license tags to former prisoners of war in Southeast Asia and the wives of persons Missing In Action in Southeast Asia who reside in Georgia; to provide the procedures connected therewith. Referred to Committee on Defense and Veterans Affairs.

SB 168. By Senators Barker of the 18th, Hudgins of the 15th, Russell of the 10th and others:
A bill to provide that certain veterans shall be entitled to receive honorary driver's licenses; to provide that the surviving spouse of certain veterans shall be entitled to receive honorary driver's license; to provide that the spouse of certain veterans shall be entitled to receive honorary driver's licenses.
Referred to Committee on Defense and Veterans Affairs.

SB 169. By Senators Garrard of the 37th and Hudson of the 35th:
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. Referred to Committee on Judiciary.

SB 170. By Senator Broun of the 46th:
A bill to amend Code Chapter 26-16, relating to burglary and possession of tools for the commission of crime, as amended, so as to create and define the offense of unlawful entry of vehicle, railroad car, aircraft or watercrafts; to provide a penalty; to provide an effective date. Referred to Committee on Judiciary.

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SB 171. By Senator Broun of the 46th:
A bill to amend an Act creating the Board of Commissioners of Oconee County, as amended, so as to change the provisions relating to the composition and election of the said board of commissioners. Referred to Committee on County and Urban Affairs.

SB 172. By Senator Doss of the 52nd:
A bill to prohibit the governing authorities of the various counties and municipalities in this State from adopting resolutions or ordinances relating to the registration of firearms. Referred to Committee on Judiciary.

SB 173. By Senator Doss of the 52nd:
A bill to provide for the issuance of free motor vehicle license tags to former prisoners of war in Southeast Asia who reside in Georgia; to provide the procedures connected therewith. Referred to Committee on Defense and Veterans Affairs.

SB 174. By Senator Doss of the 52nd:
A bill to amend the Georgia Charitable Trust Act, so as to provide that the settlor of any trust may provide in the instrument creating the trust that the provisions of said Act shall not apply to the trustees of the trust therein created. Referred to Committee on Judiciary.

SB 175. By Senator Overby of the 49th:
A bill to provide for a more efficient and economical handling of the affairs of the State Library, by amending an act approved March 10, 1971, so as to exclude all state library personnel from coverage under the State Merit System; by amending Chapters 101-1, of Title 101, "State Librarian" of the Code of Georgia of 1933, so as to provide for the maintenance of the State Library, for reports to the legislature, for distribution of public documents.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 176. By Senator Doss of the 52nd:
A bill to provide for the orderly and proper cancellation of deeds to secure debt; to provide for the method of cancellation; to provide for the cancellation by a transferee or assignee; to provide for the time when such cancellation must be completed; to provide for a penalty for failure to properly cancel same. Referred to Committee on Judiciary.

MONDAY, FEBRUARY 10, 1975

249

SB 177. By Senator Starr of the 44th:
A bill to authorize leaves of absence for public employees when the absence is to permit the employee to participate in certain blood dona tion programs; to provide an effective date. Referred to Committee on Economy, Reorganization and Efficiency in Government.

SR 44. By Senators Lewis of the 21st and Banks of the 17th:
A resolution proposing an amendment to the Constitution, so as to provide for venue of civil actions respecting third-party practice; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary.

SR 46. By Senators Hudson of the 35th and Stephens of the 36th:
A resolution proposing an amendment to the Constitution, so as to provide for a program of indemnification with respect to the death of any law enforcement officer killed in the line of duty; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Judiciary.

SR 48. By Senator Lewis of the 21st:
A resolution creating the Grand Juries Study Committee. Referred to Committee on Judiciary.

SR 49. By Senator Lewis of the 21st:
A resolution urging the expanded use of county correctional institu tions for the housing of State prisoners. Referred to Committee on Offender Rehabilitation.

SR 54. By Senators Holloway of the 12th, Riley of the 1st, Hill of the 29th and others: A resolution to amend the Rules of the Senate.
Referred to Committee on Rules.
The following bills of the House were read the first time and referred to committees:
HB 61. By Mr. Howell of the 140th: A bill to amend Code Title 22, relating to corporations, so as to reduce the penalty imposed upon profit and nonprofit corporations for the late filing of annual reports.
Referred to Committee on Judiciary.

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HB 62. By Mr. Howell of the 140th:
A bill to change the terms of the Superior Court of Miller County. Referred to Committee on Judiciary.

HB 148. By Messrs. Lambert of the 112th, Carlisle of the 71st, Burruss of the 21st and others:
A bill to create the Heritage Trust Commission; to set forth the powers and duties of the Board of Natural Resources. Referred to Committee on Natural Resources and Environmental Quality.

HB 181. By Messrs. Pinkston of the 100th, Evans of the 99th, Lucas of the 102nd and others:
A bill to repeal Code Section 91-1126, relating to the use of certain publicly owned utilities. Referred to Committee on Public Utilities.

HB 207. 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. Referred to Committee on Judiciary.

HB 273. By Mr. Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Pulaski County upon an annual salary so as to change the provisions relating to deputy sheriffs. Referred to Committee on County and Urban Affairs.

HB 278. By Messrs. Rush of the 121st and Clifton of the 107th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Tattnall County into the office of Tax Commissioner of Tattnall County. Referred to Committee on County and Urban Affairs.

HB 279. By Messrs. Rush of the 121st and Clifton of the 107th:
A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary so as to change the provisions relating to the compensation of personnel of the clerk's office. Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 10, 1975

251

HB 304. By Messrs. Lee, Johnson, West and Bailey of the 72nd:
A bill to amend an Act incorporating the City of Riverdale, so as to change the terms of office of the mayor and councilmen of said city. Referred to Committee on County and Urban Affairs.

HB 305. By Mr. Bray of the 70th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court (formerly known as the Ordi nary) and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to change the compensation provisions relating to the clerk of the judge of the probate court.
Referred to Committee on County and Urban Affairs.

HB 320. By Mr. Walker of the 115th:
A bill to create a new charter for the City of Oglethorpe; to provide for incorporation of the City; to provide for corporate limits. Referred to Committee on County and Urban Affairs.

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

Senator Garrard of the 37th 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 87. Do pass. SB 94. Do pass. SB 112. Do pass. SB 117. Do pass. SB 140. Do pass. SB 153. Do pass. HB 175. Do pass. HB 187. Do pass. HB 199. Do pass. HB 200. Do pass. HB 201. Do pass. HB 202. Do pass.

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HB 204. Do pass. HB 212. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Garrard of the 37th 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 hack to the Senate with the following recommendations:
SB 154. Do pass. HB 141. Do pass. HB 142. Do pass. HB 143. Do pass. HB 238. Do pass. HB 240. Do pass. HR 27. Do pass.
Respectfully submitted, Garrard of 37th 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 and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
SB 118. Do pass. SR 34. Do pass.
Respectfully submitted, Hudgins of 15th District, Chairman.

MONDAY, FEBRUARY 10, 1975

253

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 89. Do pass by substitute.
SB 131. Do pass by substitute.
SR 25. Do pass.
Respectfully submitted, Kidd of 25th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:

Mr. President:

Your Committee on Human Resources 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 4. SB 31. SB 32. SB 33. SB 127. SB 128. SR 42. HR 67. HR 96.

Do not pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Fincher of 54th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on Judici ary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following

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bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 47. Do not pass. SB 56. Do pass. SB 81. Do pass. SB 88. Do pass. SB 95. Do pass. SB 104. Do pass. SB 110. Do pass. SB 121. Do pass. SB 123. Do pass. SB 124. Do pass. HB 10. Do pass. HB 12. Do pass. HB 75. Do pass. HB 87. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Lester of the 23rd 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 29. Do pass.
SB 120. Do pass.
SB 102. Do pass by substitute.
SB 59. Do pass as amended.
SB 116. Do pass.
Respectfully submitted, Lester of 23rd District, Chairman.

MONDAY, FEBRUARY 10, 1975

255

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

Mr. President:

Your Committee on Transportation has had under consideration the follow ing resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 38. Do pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

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

SB 9. 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 March 16, 1966 (Ga. Laws 1966 p. 573), as amended, so as to provide for the attachment of fiscal notes to the enrolled copy of such bills; to provide an effective date.

SB 19. By Senator Kidd of the 25th:
A bill to amend an Act prohibiting persons, firms or corporations engaged in the purchase of junk and commonly known as junk dealers, to enter upon the lands of another for the purpose of soliciting business or buying junk, without the written permission of the owner of the land or permission of the tenant thereof, and requiring junk dealers to register any bronze cemetery items with the judge of the probate court of the county in which such business is conducted.

SB 45. By Senator Lewis of the 21st:
A bill to amend Code Section 95A-961, relating to permits for excess weight and dimension under the provisions of the Georgia Code of Public Transportation, so as to change certain provisions relating to vehicles transporting portable buildings; to provide an effective date.

SB 53. By Senator Barker of the 18th:
A bill to prohibit the obtaining of or attempt to obtain certain settle ments, releases or statements from certain injured persons.

SB 96. By Senators Howard of the 42nd, Shapard of the 28th, Barnes of the 33rd and others:
A bill to provide that no bank, lending company, financial institution, retail installment seller, or person extending credit may discriminate

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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; to provide for an action for damages or equitable relief.

SB 105. By Senators Lester of the 23rd, Riley of the 1st, Holley of the 22nd and others:
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 111. By Senator Holloway of the 12th:
A bill to amend Code Section 47-107, relating to the salary and allow ances of members of the General Assembly, as amended by an Act ap proved March 16, 1966 (Ga. L. 1966, p. 544), so as to provide for com pensation for the Administration Floor Leader and Assistant Adminis tration Floor Leaders of the Senate and Administration Floor Leader and Assistant Administration Floor Leaders of the House of Repre sentatives.

SR 21. By Senators Langford of the 51st, Howard of the 42nd and Starr of the 44th:
A resolution proposing an amendment to the Constitution so as to provide for the term(s) of office, election, nomination, and appointment of certain judges and justices; to provide for a Judicial Nominating Commission and the members, powers, duties, qualifications and terms thereof; to provide for eligibility for nomination or election as a justice of the Supreme Court, judge of the Court of Appeals, or judge of the Superior Court.

SR 36. By Senators Holloway of the 12th, Reynolds of the 48th and Dean of the 31st:
A resolution creating a special Study Commission to inquire into and propose solutions of all matters related to a potential fluctuation of State gasoline tax revenues; to provide for appointments to the Com mission; to prescribe the duties of the Commission; to provide for the dissolution of the Commission.

SR 39. By Senators Hudgins of the 15th, Pearce of the 16th, Stephens of the 36th and Barker of the 18th:
A resolution proposing an amendment to the Constitution so as to increase the homestead exemption of veterans to $17,500 who have received a grant from the Veterans Administration of the United States to purchase a house specially adapted or designed for handicapped persons; to provide for the submission of this amendment for ratifica tion or rejection.

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257

HB 18. By Reps. Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A bill relating to reenactment and re-establishment of a FAIR Plan to make essential property insurance available to all qualified appli cants; to provide for an underwriting association of property insurers; to enable insurers to become eligible for federal reinsurance; to provide for a Riot Reinsurance Reimbursement Fund.

HB 47. By Reps. Egan of the 25th and Murphy of the 18th:
A bill providing an additional method for the exercise of the power of eminent domain before a special master so as to change the compensa tion of the special master.

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 22. By Senator Reynolds of the 48th:
A bill to increase the fees of coroners for services in connection with the holding of inquests in counties having a population of not less than 66,000 or more than 73,000, according to the 1970 United States Decen nial census, or any such future census; 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.

SB 30. By Senator Lewis of the 21st:
A bill to provide for a board of elections in each county in the State having a population of not less than 18,200 nor more than 18,300, according to the United States Decennial Census of 1970, or any future census.

The report 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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SB 58. By Senator Turner of the 8th:
A bill to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its 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 46, nays 0.

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

SB 71. By Senator Traylor of the 3rd:
A bill to provide that the chairman of the board of commissioners in certain counties shall be elected by the qualified voters of the entire county; to provide 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 46, nays 0.

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

HB 6. By Mr. Shanahan of the 7th:
A bill to repeal and replace the Charter of the City of Fairmount so as 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 46, nays 0.

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

HB 42. By Mr. Irwin of the 130th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Terrell 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.

MONDAY, FEBRUARY 10, 1975

259

The report 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 57. By Mr. Howell of the 140th:
A bill to amend an Act creating the State Court of Early 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 46, nays 0.

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

HB 58. By Mr. Howell of the 140th: A bill to amend an Act creating the office of Tax Commissioner of Early 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 59. By Mr. Howell of the 140th: A bill to abolish the present mode of compensating the Coroner of Early 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 46, nays 0.

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

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HB 71. By Messrs. Hutchinson of the 133'rd, McCollum of the 134th, Hatcher of the 131st and White of the 132nd:
A bill to amend an Act to create the Albany-Dougherty Payroll Develop ment Authority so as to provide authority for the issuance of certain revenue anticipation bonds.

The report 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 79. By Mr. Hudson of the 137th:
A bill to amend an Act creating a Board of Commissioners of Ben Hill County so as to provide that the Ben Hill County Commissioners may provide for a full time Administrative Officer for the County.

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

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

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

HB 136. By Mr. Owens of the 77th:
A bill to create the Appling Water Authority in Columbia County, 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 ayes were 46, nays 0.

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

The following local resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their adoption:

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261

SR 11. By Senators Riley of the 1st, McDowell of the 2nd and Traylor of the 3rd:

A RESOLUTION
Proposing an amendment to the Constitution so as to create the Chatham County Utility Services Authority; to provide for the powers, authority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof; to authorize the Authority to contract with the City of Savannah, Chatham County and with the State of Georgia and any departments, institutions, agencies, munici palities, counties or political subdivisions of the State of Georgia, public corporations and others; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitu tion is hereby amended by adding at the end thereof the following:

"CHATHAM COUNTY UTILITY SERVICES AUTHORITY

A. Creation. There is hereby created a body corporate and politic to be known as the Chatham County Utility Services Author ity which shall be deemed to be an instrumentality of Chatham County and a public corporation of this State and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity.

B. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining and operating electrical power generating, transmis sion and distribution facilities within Chatham County and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and opera tion thereof.

C. Membership. The Authority shall consist of eight members, who shall be appointed by the Board of Commissioners of Chatham County as hereinafter provided. One-half of the initial members of the Authority shall be appointed for terms of office of two years and one-half for terms of office of four years. Thereafter, their successors shall be appointed for terms of office of four years and until their successors are duly appointed. No member shall be eligible to succeed himself for more than one term. Five members

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of the Authority shall constitute a quorum. A majority of the
quorum 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. The members of the Author ity shall serve without compensation except that they shall be reim bursed 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 members of the Authority or the qualifications of the membership or the manner in which the members of the Author ity shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly.

D. Definitions. As used herein the following words and terms shall have the following meanings:

(1) The word 'Authority' shall mean the Chatham County Utility Services Authority herein created.

(2) The word 'Projects' or 'Project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of electrical power generating, transmission and distribution facilities and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such facilities, and the acquisi tion of the necessary property therefor, both real and personal.

(3) The term 'cost of the project' shall embrace the cost of construction, the cost of lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of 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 determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses incurred for any of the foregoing purposes shall be regarded as part of the 'cost of the project or projects' and may be paid or reimbursed out of funds of the Authority, including the proceeds of any revenue bonds issued under provisions of this Act for such project or projects.

(4) The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq., as amended) amending the law formerly known as the

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Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et seq., as amended) and in addition shall also mean any obliga tions of the Authority, the issuance of which are hereinafter specifically provided for.

(5) Any project or combination of projects shall be deem ed 'self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority there from, including, but not limited to, any revenues derived from any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects.

E. Powers. The Authority shall have the powers:

(1) To have a seal and alter the same at pleasure;

(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;

(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises of any other public utility or the facilities of any other utility owned by any other political subdivision within Chatham County which are necessary or convenient for its corporate purposes, and any other projects and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the pro visions hereof, except from the funds provided under the au thority 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 prop erty is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encum brance ;

(4) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construc tion experts, fiscal agents and attorneys, and fix their respec tive compensations;

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(5) 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 Chatham County and with the State of Georgia and any departments, institutions, agencies, other counties, municipal ities 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.

(6) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain 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 Authority or from such proceeds and any grant or contri bution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;

(7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;

(8) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdvision may require;

(9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

(10) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and
(11) To do all things necessary or convenient to carry out the powers expressly given hereunder.

F. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for

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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 pay ment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds.

G. Same; Form; Denominations; Registration; Place of Pay ment. The Authority shall determine the form of the bonds, in cluding any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.

H. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and suffi cient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary and Treasurer of the Authority and any coupons attached 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 authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.

I. Same; Negotiability. 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.

J. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
K. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certif icates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

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L. Same; Replacement of Lost or Mutilated Bonds. The Au thority may also provide for the replacement of any bonds and coupons which shall become mutilated or be destroyed or lost.

M. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happen ing of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posted, and any such resolu tion may be passed at any regular or special or adjourned meeting of the Authority.

N. Same; Credit Not Pledged and Debt Not Created. Revenue Bonds issued by the Authority hereunder shall not be deemed to constitute a debt of Chatham County, 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 municipalities, counties, au thorities or political subdivisions of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitu tion of the State of Georgia, but any such municipality, county, authority or political subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source with out creating a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia.

O. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may 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 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 ap proval 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 con tractors 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

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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 bond holders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures secur ing bonds and debentures of corporations. In addition to the fore going, 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.
P. To Whom Proceeds of Bonds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide.
Q. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless 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 authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds, or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
R. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons ap-

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pertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such 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.
S. Funding and Refunding Bonds. The Authority is hereby au thorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be ap plicable.
T. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Chatham County, Georgia, and any action pertaining to the valida tion of any bonds issued under the provisions of this Act shall like wise be brought in said court which shall have exclusive, original jurisdiction of such actions.
U. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as same may be hereafter amended. The petition for validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality, county, authority, political subdivision or instru mentality 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 judgment 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 instrumen tality, if a party to the validation proceedings, contracting with the said Authority.
V. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties

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269

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.

W. Monies Received Considered Trust Funds. All monies re ceived pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
X. Rates, Charges and Revenues; Use. The Authority is here by authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls and charges for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improve ment, betterment or extension of its projects; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto there after made.
Y. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the pro visions hereof, including the basis on which services and facilities, or both, shall be furnished.
Z. General Assembly. The General Assembly may, by law, fur ther 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 Con stitution. 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 Chatham County as the same now or may hereafter exist. The provisions of these paragraphs shall become effective immediately upon their ratifica tion by the people in the 1976 general election."
Section 2. The above proposed amendment to the Constitution shall be published and submited 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 ( ) NO the Chatham County Utility Services Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Brown of 47th Carter
Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard
Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson
Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Russell Shapard Starr Stephens Stumbaugh
Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators: Banks, Broun of the 46th, Robinson and Young.

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.

HR 23. By Representatives Knight of the 67th and Ware of the 68th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Newnan Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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271

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 Newnan, the Downtown Newnan Development Authority for the purpose of redevelopment of the downtown Newnan area. Said Authority shall have the power to employ engineers and plan ners, to contract for the construction, remodeling and altering of buildings, and to contract with the City of Newnan for the construc tion, 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 Newnan and to levy and collect taxes within said districts based on values of real property fixed by the Tax Digest of the City of Newnan, to defray the costs of the foregoing. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness. No taxes shall be levied by said Authority for any purpose against property used exclusively for residential purposes or property used for school or church purposes. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives.

The General Assembly shall provide for all matters relating to the composition of the members of the Authority, their terms of office and related matters and the geographical limits within the City of Newnan which shall be subject to the provisions of amend ment."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to provide for the establishment of a Downtown
( ) NO Newnan 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.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

THose not voting were Senators: Banks, Broun of the 46th, Robinson and Young.

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

Those answering to their names were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter

Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins
Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie
McGill Overby

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273

Pearce Reynolds Riley Russell Shapard Starr Stephens
Stumbaugh Summers

Sutton Tate Thompson Timmons Traylor Turner Tysinger
Warren Young

Those not answering were Senators Banks and Robinson.

Senator Thompson of the 32nd introduced as chaplain, The Reverend Alton Miller, pastor, Cloverdale Heights Baptist Church, Marietta, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate, favorably reported by the committee, was read and adopted:

SR 38. By Senators Hudgins of the 15th and Pearce of the 16th: A resolution urging the State Department of Transportation to continue design and actual work studies on the West Georgia Tollway.
The following resolutions of the Senate were read and adopted:
SR 47. By Senator Doss of the 52nd: A resolution commending Ronnie Millsap.
SR 55. By Senators Shapard of the 28th and Carter of the 14th: A resolution expressing regrets upon the passing of Mrs. Jean Sage Jones.
SR 56. By Senators Shapard of the 28th and Russell of the 10th: A resolution expressing regrets upon the passing of Mrs. Margaret Jones Roddenbery.

SENATE CALENDAR
Monday, February 10, 1975
SB 21. Barber's License -- change requirements (SUB) SB 41. Medical Consent Law -- treatment of mentally ill SB 50. Honey Bees -- indemnification those ordered destroyed

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SB 51. Anti-Freeze -- inspection and regulation SB 70. Applicant for City-County Government--no residency requirements SB 72. Marriage and Family Counseling -- regulate practice SB 76. Blood Donation -- change age

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

SB 21. 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. 1450), so as to change the requirements for the issuance of licenses to practice barbering.

The Committee on Human Resources offered the following substitute to SB 21:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Barber Act", approved April 19, 1973 (Ga. Laws 1973, p. 1450), so as to change certain definitions; to change the provisions relating to members of the Board and the method of their appointment; to change the pro visions relative to the number of full-time inspectors which the Sec retary of State is authorized to employ; to change the requirements for the issuance of licenses to practice barbering; to provide that the Board shall give all barber students a written examination upon the student's graduation from barber school; to provide that new barber establishments must be approved by the Board before opening for busi ness; to provide that the transfer of a registration of any barber establishment must be approved by the Board before the barber estab lishment can be opened for business by the new owner; to change the provisions relating to barber apprentices and the requirements for issuance of a license to barber apprentices; 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 Barber Act", approved April 19, 1973 (Ga. Laws 1973, p. 1450), is hereby amended by adding at the end of subsection (b) of Section 3 the following:
"in a barber establishment",
so that when so amended, subsection (b) of Section 3 shall read as follows:
" (b) 'Barbering' means the occupation of shaving or trim ming the beard, cutting or dressing the hair, giving facial or scalp

MONDAY, FEBRUARY 10, 1975

275

massages, giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or mechanical appliances, singeing and shampooing the hair, dyeing the hair, or permanently waving or straightening the hair of any living person for compensation in a barber establishment."

Section 2. Said Act is further amended by striking subsection (j) of Section 3, which reads as follows:

"(j) 'License' means a valid and current certificate of registra tion issued by the Joint-Secretary on behalf of the Board which shall give the named person to whom it is issued authority to engage in the activity prescribed thereon.",

in its entirety and inserting in lieu thereof a new subsection (j), to read as follows:

"(j) 'Barber License' means a valid and current certificate of registration that shall be required of any person performing any one or more of the services constituting the occupation of barbering in a barber establishment, as defined in this Act, and shall be issued by the Joint-Secretary on behalf of the Board which shall give the named person to whom it is issued authority to engage in the activity prescribed thereon."

Section 3. Said Act is further amended by striking from Section 5 the following:

"The Board shall consist of three members, each of whom shall be appointed by the Governor, submitted by a list of three from the three professional barber associations in Georgia and approved by the Secretary of State and confirmed by the Senate for a terra
of three years.",

and inserting in lieu thereof the following:
"The Board shall consist of three members, each of whom shall be appointed by the Governor from a list of six recommendations made by the Georgia Professional Barbers Association, Inc., for a term of three years.",

so that when so amended, Section 5 shall read as follows:
"Section 5. Members of Board; appointment; terms; quorum; business by telephone: removal; vacancies. The Board shall consist of three members, each of whom shall be appointed by the Governor from a list of six recommendations made by the Georgia Professional Barbers Association, Inc., for a term of three years. A majority of the Board members shall constitute a quorum for all Board business and, with the exception of hearings in contested cases, may conduct business by conference telephone. The Governor may remove any member of the Board for neglect of duty, incompetence, revocation

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or suspension of his license or other dishonorable conduct. After such removal or vacancy due to death or resignation, the Governor shall appoint a successor as provided herein to serve the unexpired term."

Section 4. Said Act is further amended by striking from the first sentence of Section 10 the following:
"five",

and inserting in lieu thereof the following:
"three",
so that when so amended, Section 10 shall read as follows:
"Section 10. Inspectors; employment; qualifications; super vision of. The Secretary of State shall employ and fix the compensa tion of three full-time inspectors to aid in the enforcement of this Act. To be eligible for employment as an inspector, a person must;
(a) hold a valid barber or barber teacher license;
and
(b) have had at least three years of experience as a barber or barber teacher; and
(c) be at least 21 years of age.
All inspectors shall be under the direct supervision of the Board and the Joint-Secretary, and they shall serve at the pleasure of the Secretary of State."
Section 5. Said Act is further amended by striking subsection (c) of Section 14 in its entirety and inserting in lieu thereof a new sub section (c) of Section 14, to read as follows:
" (c) has completed a prescribed course of study of at least 1,500 hours in a licensed or approved barber school, or has served as an apprentice in a barber establishment for 3,000 hours under the supervision of a master barber; and".
Section 6. Said Act is further amended by striking subsection (d) of Section 14, which reads as follows:
"(d) presents a certificate of health, personally signed by a licensed physician of the healing arts on a form prescribed and furnished by the Board; and",
in its entirety.

MONDAY, FEBRUARY 10, 1975

277

Section 7. Said Act is further amended by striking subsection (e) of Section 14 in its entirety, and inserting in lieu thereof a new subsection (e) of Section 14, to read as follows:

"(e) satisfactorily passes a written and practical examination prepared or approved by the Board: provided, however, that no person shall be eligible to take such examination after he has once failed the examination until he has subsequently served an ap prenticeship of 90 days under the supervision of a barber who has for three (3) years held a master barber license; and".

Section 8. Said Act is further amended by adding at the end of Section 16 the following:

"The Board shall give all barber students a written examination upon the student's graduation from barber school.",

so that when so amended, Section 16 shall read as follows:

"Section 16. Examinations. The Board shall examine ap plicants upon the subjects taught in the licensed barber schools at least once every three months and according to the methods deemed by it to be the most appropriate to test the applicant's qualifications. Any national standardized examination which the Board shall approve may be administered to all applicants in lieu of or in conjunction with any other examination which the Board shall give. The Board shall also have the right to establish such norms of achievement as shall be required for a passing grade. The Board shall give all barber students a written examination upon the student's graduation from barber school."

Section 9. Said Act is further amended by adding at the end of Section 17 the following:
"A new barber establishment must be approved by the Board before opening for business. The transfer of a registration of any barber establishment must be approved by the Board before the barber establishment can be opened for business by the new owner.",

so that when so amended, Section 17 shall read as follows:
"Section 17. Barber establishments; requirement for issuance of license to operate. A license to operate a barber establishment shall be issued, renewed or restored to any person who can show that such establishment:
(a) provides and maintains such physical and sanitary facilities and equipment as may be required by the rules and regulations of the Board; and
(b) does not train more than two apprentices, each of whom shall be under the supervision of a master barber, at any one time; and

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(c) does business only at the location shown on the applica tion of license.

A new barber establishment must be approved by the Board before opening for business. The transfer of a registration of any barber establishment must be approved by the Board before the barber establishment can be opened for business by the new owner."

Section 10. Said Act is further amended by striking subsection (a) of Section 18, which reads as follows:

"(a) a certificate of health, personally signed by a licensed physician of the healing arts on a form prescribed by the Board.",

and inserting in lieu thereof a new subsection (a), to read as follows:

"(a) evidence that a master barber has filed an application in writing for the Board's approval for training as an apprentice. Said application must contain a plan of instructions for training an apprentice, and the application must be approved by the Board before training can begin. The Board shall establish a monitoring system for all apprentices.",

so that when so amended, Section 18 shall read as follows:

"Section 18. Barber apprentices; requirements for issuance of license. A license to practice bartering as an apprentice shall be issued to any person who shall furnish the Board:

(a) evidence that a master barber has filed an application in writing for the Board's approval for training as an apprentice. Said application must contain a plan of instructions for training an apprentice, and the application must be approved by the Board before training can begin. The Board shall establish a monitoring system for all apprentices.
(b) evidence that he will practice under the supervision of a licensed barber with at least three years' experience in the practice of barbering.

(c) evidence that he has completed the 5th grade of school instruction or its equivalent.

Provided, however, that a license to practice barbering as an apprentice shall not be renewed more than three times."

Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 0, nays 36, and the com mittee substitute was lost.

MONDAY, FEBRUARY 10, 1975

279

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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators Doss and Summers.

Those not voting were Senators Bond, Hill and Robinson.

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

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

SB 41. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-29, known as the Georgia Medical Consent Law, as amended, so as to change the provisions relating to the care and treatment of the mentally ill; to provide that incompetent persons shall not be authorized to consent to any surgical or medical treatment or procedures.

The report of the committee, which was favorable to the passage of the bill, vas 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:

Banks Barker Barnes Bell Bond

Brantley

Broun of 46th

.

Brown of 47th

Carter

Coverdell

Dean of 6th

Dean of 31st

Doss

Duncan

Eldridge

Pincher

Foster

Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators Ballard, Starr and Timmons.

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

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

Senator Stumbaugh of the 55th introduced as Doctor of the Day, Dr. H. Harper Butterworth, Jr., Decatur, Georgia.

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

SB 50. By Senators Eldridge of the 7th and Sutton of the 9th:
A bill to amend an Act providing for the indemnification for honey bees or bee-keeping fixtures ordered destroyed by the State Entomol ogist because of infection by contagious disease, approved March 10, 1970 (Ga. Laws 1970, p. 197), so as to increase the amount of indemni fication paid to owners of property so 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 President ordered a roll call, and the vote was as follows:

MONDAY, FEBRUARY 10, 1975

281

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

All Senators were voting.

On the passage of the bill, the yeas were 56, nays 0.

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

Senator Gillis of the 20th moved that the following resolution of the Senate be withdrawn from the Committee on County and Urban Affairs and committed to the Committee on Public Utilities:

SR 40. By Senator Gillis of the 20th:
A resolution authorizing the conveyance of a certain tract of Stateowned property to Montgomery County.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SR 40 was withdrawn from the Committee on County and Urban Affairs and committed to the Committee on Public Utilities.

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

SB 51. By Senator McGill of the 24th:
A bill to provide for the inspection and regulation of the sale of anti freeze substances and preparations; to provide for definitions; to

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state what constitutes adulteration and misbranding; to provide for in spection, analysis and permit for sale of anti-freeze.

Senator Robinson of the 27th offered the following amendment: Amend SB 51 by striking from line 22 of Page 2 the following: ", or seller". By striking from line 3 of Page 3 the following: "or by a seller". By striking from line 23 of Page 5 the following: "seller". By striking from line 5 of Page 6, and from line 13 of Page 6 the
following: "seller".
By striking from line 28 of Page 5 the following: "seller".
By striking from line 1 of Page 6 the following: "seller".

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond

Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Doss Duncan Eldridge Pincher Foster

MONDAY, FEBRUARY 10, 1975

283

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford

Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr

Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

On the passage of the bill, the yeas were 56, nays 0.

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

Under provisions of HR 35, Senator Howard of the 42nd introduced Dr. Arch McEwen, President, Georgia Dental Health Association, to the Senate; and Dr. McEwen addressed the Senate.

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

SB 72. By Senators Garrard of the 37th and Shapard of the 28th:
A bill to regulate the practice of marriage and family counseling in the State of Georgia; to piovide 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 ap pointment of its members and its powers and 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:

Ballard Banks Barker Barnes Bell Bond

Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Doss Duncan Eldridge Fincher Foster

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JOURNAL OF THE SENATE,

Garrard

Gillis

Hamilton of 26th

Hamilton of 34th

Hill

Holley

Holloway

Howard

Hudgins

'

Hudson

.

Kennedy

Kidd

Langford

Lester Lewis
McDowell McDuffie McGill Overby Pearce Reynolds
Riley Robinson Russell Shapard Starr

Stephens Stumbaugh
Summers Sutton Tate Thompson Timmons Traylor
Turner Tysinger Warren Young

On the passage of the bill, the yeas were 56, nays 0.

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

SB 76. By Senators Bell of the 5th and Stumbaugh of the 55th:
A bill to amend an Act providing that a person eighteen years of age or over may donate his blood, approved Mar. 4, 1970 (Ga. Laws 1970, p. 150), so as to change the age required for making such donation.

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 Banks
Barker Barnes Bell Bond
Brantley Broun of 46th Brown of 47th Carter
Coverdell
Dean of 6th Dean of 31st Doss
Duncan Eldridge Fincher
Foster

Garrard Gillis
Hamilton of 26th Hamilton of 34th Hill Holley
Holloway Hudgins Hudson Kennedy
Kidd
Langford Lester Lewis
McDowell McDuffie McGill
Overby

Pearce Reynolds
Riley Robinson Russell Shapard
Starr Stephens Stumbaugh Summers
Sutton
Tate Thompson Timmons
Traylor Turner Tysinger
Young

MONDAY, FEBRUARY 10, 1975

285

Voting in the negative was Senator Warren.

Not voting was Senator Howard.

On the passage of the bill, the yeas were 54, nays 1.

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

SB 70. By Senators Bell of the 5th, Lester of the 23rd, Thompson of the 32nd and others:
A bill to prohibit municipal or county governments from requiring applicants for employment or employees to be residents of the munici pality 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.

Senators Hudgins of the 15th and Pearce of the 16th offered the following amendment:
Amend SB 70 by adding a new Section 3 to read as follows:
"Section 3. None of these provisions shall apply to presently consolidated governments."
and by renumbering Section 3 as Section 4.

On the adoption of the amendment, the yeas were 32, nays 8, 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 Banks Barnes Bell Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill

286
Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell

JOURNAL OF THE SENATE,

McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens

Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative were Senators:

Barker

Bond

Tate

All Senators were voting.

On the passage of the bill, the yeas were 53, nays 3.

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

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

SR 18. By Senator Kidd of the 25th: A resolution amending the Senate Rules.

Senator Kidd of the 25th offered the following amendment:
Amend SR 18 by deleting on line 15 the word "twenty" and insert ing the word "thirty (30)"; on line 22 delete "20", add "30".

On the adoption of the amendment, the yeas were 35, nays 10, and the amendment was adopted.

Senator Robinson of the 27th offered the following amendment: Amend SR 18 by adding a new paragraph to read as follows:

MONDAY, FEBRUARY 10, 1975

287

"This rule shall be applicable only to the 1975 Session of the Georgia General Assembly."

The President ruled the amendment offered by Senator Robinson of the 27th out of order.

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:

Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Dean of 6th Dean of 31st Duncan Eldridge Pincher Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Russell Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Young

Voting in the negative were Senators:

Ballard Broun of 46th Coverdell Doss

Foster Hill Lester Robinson

Shapard Tysinger Warren

Not voting was Senator Starr.

On the adoption of the resolution, the yeas were 44, nays 11.

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

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JOURNAL OF THE SENATE,

The following communication was read by the Secretary:

SECRETARY OF STATE State Capitol Atlanta 30334

February 7, 1975

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

Dear Hamilton:

I am enclosing herewith certified copy of a list of those registered in the Docket of Legislative Appearances as of February 6, 1975, for the 1975 Session of the Georgia General Assembly.

With best wishes, I am

Enclosure

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 seven pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 159 through 273), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legislative Appearance for the 1975 Session of the Georgia General Assembly as of Thursday, February 6, 1975, 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 7th day of February, in the year of our Lord One Thousand Nine Hundred and Seventy-five and of the Independence of the United States of America the One Hundred and Ninety-ninth.

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

MONDAY, FEBRUARY 10, 1975

289

159. W. Thad McDaniel ITT Rayonier, Inc. Post Office Box 528 Jessup, Georgia 31545
160. W. A. Binns Union Camp Corporation Post Office Box 570 Savannah, Georgia 31402
161. Arnold Moore DeKalb Association of Educators 30 LeParc Pontaine Decatur, Georgia 30034
162. James D. King, Jr. MARTA 1300 Equitable Building Atlanta, Georgia 30303
163. Heywood C. Gay Georgia Electric Membership Corp. 148 Cain Street, Suite 845 Atlanta, Georgia 30303
164. Louis Trousdale Owens-Illinois 346 San Juan Drive Ponte Vedra Beach, Florida 32082
165. W. E. Cobble Georgia State Legislative Board, Brotherhood of Locomotive 2427 Shenandoah Avenue, N.E. Engineers Atlanta, Georgia
166. John T. Anderson, Jr. Babcock & Wilcox Company Post Office Box 923 Augusta, Georgia 30903
167. Marie J. McGlaun Georgia School Food Service 2917 Edgewood Road Columbus, Georgia 31906
168. D. Douglas Barnard, Jr. Georgia Railroad Bank & Trust Co. Augusta, Georgia 30906

169. Lamar Northcutt County Officers Association 1631 Phoenix Boulevard Suite 3 Atlanta, Georgia 30349
170. James A. Cody County Officers Association 1631 Phoenix Boulevard Suite 3 Atlanta, Georgia 30349
171. Joy R. Huie Georgia School Food Service 5170 Woodland Drive Forest Park, Georgia 30050
172. EdMcGill Georgia Alcohol Dealers Association Suite 330 3951 Snapfinger Parkway Decatur, Georgia
173. Victor J. Impeciato Georgia Restaurant Association 805 Peach tree Street, N.E. Atlanta, Georgia 30308
174. Barbara Blum SAVE 205 River North Drive, N.W. Atlanta, Georgia 30328
175. Betsy Loyless SAVE 560 West Paces Ferry Road, N.W. Atlanta, Georgia 30305
176. John E. Jones Consumer Cooperatives, Inc. 811 Capitol Avenue, S.W. Atlanta, Georgia 30312
177. Celia Doremus SAVE 81 Spruce Street, N.E. Atlanta, Georgia 30307
178. Beverly Adams Stop ERA Post Office Box 462 Macon, Georgia 31202
179. Mrs. Sylvia Howell Stop ERA Route 4 Dublin, Georgia 31021

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JOURNAL OF THE SENATE,

180. Mrs. Karyle Parkerson Stop ERA Post Office Box 311 Eastman, Georgia 31023
181. Mrs. Lovona Powell Stop ERA Post Office Box 2046 Dublin, Georgia
182. Mrs. Lousue Evans Stop ERA Post Office Box 548 Dublin, Georgia
183. Wallace Baldwin, Jr. Registered Agent Georgia State AFL-CIO Atlanta Labor Council P. T. A. American Postal Workers Union--Atlanta Local 3465 Fairlane Drive, N. W. Atlanta, Georgia 30331
184. J. H. Hudson Eli Lilly and Company 5944 Peachtree Corners East Norcross, Georgia 30071
185. Gregory C. Kergosien The Upjohn Company 1554 North Springs Drive Dunwoody, Georgia 30338
186. Michael Dowling Various Georgia Banking Interests 100 Colony Square Atlanta, Georgia 30361
187. Conrad J. Sechler Registered Agent Georgia Consumer Finance Assn. Empire Mortgage & Investment Central Underwriters, Inc. Post Office Box 87 Tucker, Georgia 30084
188. M. C. Petersen Gilman Paper Company Box 878 St. Marys, Georgia 31558

190. Tom Watson Brown Registered Agent MARTA Georgia Broadcasters Assn. 800 Fulton Federal Building Atlanta, Georgia 30303
191. Bert H. Hatch Georgia Association of Broadcasters 6065 Roswell Road Atlanta, Georgia 30328
192. Joe W. Andrews, Jr. Registered Agent Home Builders Association of Georgia Georgia Independent Meat Packers Association Georgia Association of Mineral Producing Industries Georgia Industrial Loan Assn. Menswear Retailers of Georgia Georgia Retail Jewelers Assn. Post Office Box 801 Macon, Georgia 31202
193. William M. Bates Interstate Paper Corporation 814 Carnegie Building Atlanta, Georgia 30303
194 Merle Lefkoff SAVE 1337 Kittredge Court Atlanta, Georgia 30329
195. Alien H. Douglas Registered Agent GIDA Georgia Chamber of Commerce Southern Railway 134 Peachtree Street, N.E. Atlanta, Georgia 30303
196. W. M. Goodson Self 2127 Kilarney Road Decatur, Georgia 30032
197. Michael D. Manning Stop ERA 2042 Mt. Vernon Road Dunwoody, Georgia 30338

MONDAY, FEBRUARY 10, 1975

291

198. Roy J. Nicholson Georgia Professional Barbers Assn. 255 E. Paces Ferry Road, N.E. Atlanta, Georgia 30305
199. Bob Cohn Various Georgia Banking Interests 100 Colony Square Atlanta, Georgia 30361
200. Betty Godwin Georgia State AFL-CIO 501 Pulliam Street Atlanta, Georgia 30312
201. John C. Harper Fulton County 165 Central Avenue, S.W. Atlanta, Georgia 30305
202. Dot Farthing DeKalb Association of Educators 3712 Sexton Woods Drive Chamblee, Georgia 30341
203. Lila Ann Dunn Independent Bankers Association 149 Maribeau Square Atlanta, Georgia 30327
204. Bruce Gruber Organization of DeKalb Educators 921 Briarcliff Road, N. E. Atlanta, Georgia 30306
205. J. Paul Copeland DeKalb Association of Educators 2980 Appling Circle Chamblee, Georgia 30341
206. John B. Johnstone General Telephone of the Southeast Post Office Box 249 Dalton, Georgia 30720
207. Richard J. Burrell Household Finance Corporation 1977 Farris Drive Decatur, Georgia 30032

208. Patricia Ford-Roegner Georgia Council of N O W 1440 A Southland Vista Court Atlanta, Georgia 30329
209. James M. Bell Sears Roebuck 675 Ponce de Leon Avenue, N.E.
Atlanta, Georgia 30395
210. A. B. Reddick Allstate Insurance Go's. 3585 Northside Parkway, N.W. Atlanta, Georgia 30303
211. Glenn Anthony Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30303
211. W. E. Headrick, Sr. International Association of Machinists & Aerospace Workers Local Lodge 709 Clay Street Marietta, Georgia 30060
212. Jim Major International Association of Machinists & Aerospace Workers Local Lodge 709 Clay Street Marietta, Georgia 30060
213. Clyde Dameron International Association of Machinists & Aerospace Workers Local Lodge 709 Clay Street Marietta, Georgia 30060
214. Jesse W. Curlee Georgia Textile Manufacturers Association 2640 National Bank of Georgia Bldg. Atlanta, Georgia 30303
215. Bob Short Hoffman-LaRoche 3543 Kingsboro Road, N.E. Atlanta, Georgia 30319

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JOURNAL OF THE SENATE,

216. Frank P. Lindsey, Jr. Georgia Bankers Association 1020 William-Oliver Building Atlanta, Georgia 30303
217. Cynthia Hlass Georgia State Council NOW 682 Belmont Ridge Lawrenceville, Georgia 30245
218. Herbert H. Mabry Georgia State AFL-CIO 501 Pulliam Street, S.W. Atlanta, Georgia 30312
219. R. F. Hewatt Georgia Taxicab Association 563 Trabert Avenue, N.W. Atlanta, Georgia 30309
220. W. H. Hosch Fulton National Bank Post Office Box 4387 Atlanta, Georgia 30303
221. Charles E. Campbell Georgia Chamber of Commerce Heyman and Sizemore 310 Fulton Federal Building Atlanta, Georgia 30303
222. Agnes Gambill Georgia Catholic Conference Box 128 McAuley Hall 265 Ivy Street, N.E. Atlanta, Georgia 30303
223. Tim Mirshak Georgia Catholic Conference Box 21840 Emory University Atlanta, Georgia 30322
224. Kay Hoffman League of Women Voters 3.21 Milledge Heights Athens, Georgia 30601
225. Gloria Singleton Licensed Practical Nurses Association of Georgia, Inc. 3404 McCrary Macon, Georgia 31201
226. George C. Spence Georgia Osteopathic Medical Association 150 Maison Place, N.W. Atlanta, Georgia 30327

227. Joyce Brown Laborers International Union of North America--AFL-CIO 582 Blake Avenue, S.E. Atlanta, Georgia 30316
228. Rudolph Clark Georgia Milk Producers, Inc. 177 Washington Street, S.W. Atlanta, Georgia 30303
229. Mrs, Emily C. Payne Georgia Public Librarians Post Office Box 277 Rome, Georgia 30161
230. Carol Holliday National Organization for Women 225 Hillcrest Avenue, Apt. 1 Decatur, Georgia 30030
231. Molly Segal National Organization for Women 361 Camden Road, N.E. Atlanta, Georgia 30309
232. Allida Black National Organization for Women 1106 Austin Avenue, N.E. Atlanta, Georgia 30307
233. James M. Christian CIBA Pharmaceutical Co. 4439 Shelborne Drive Chamblee, Georgia 30341
234. Sue Tolleson Rinehart National Organization for Women 3572-F Clubhouse Circle East Decatur, Georgia 30032
235. Jack K. Callaway Registered Agent The American Legion Department of Georgia Rainbow Division Veterans World War I Veterans-- Barracks 948 AARP--Association of Retired Persons #403 Association of Citizens Council of Georgia 535 Old Ivy Road, N.E. Atlanta, Georgia 30342

MONDAY, FEBRUARY 10, 1975

293

236. Joe Sloan General Motors Corporation Suite 305 Landmark Building 880 Johnson Ferry Road Atlanta, Georgia 30342
237. Frances B. Smith Georgia School Food Service 3200 Lenox Road, N.E. Apt. 215 F Atlanta, Georgia 30324
238. Grace M. Smith Georgia School Food Service 4707 Elam Forest Drive Stone Mountain, Georgia 30083
239. William P. Trotter Association County Commissioner of Georgia 1014 Country Club Road LaGrange, Georgia 30240
240. Tom Flynn Georgia Restaurant Association 1003 Hill Street Stone Mountain, Georgia 30083
241. Mary Shugart Georgia School Food Services Assn. 117 JoAnn Drive Marietta, Georgia 30062
242. Richard Fowler Georgia School Food Services Assn. 210 Rutland Circle LaGrange, Georgia 30240
243. Dorothy Slauson Georgia School Food Services Assn. 2743 Laurelwood Road Atlanta, Georgia 30340
244. Sarah Rozar DeKalb Assn. of Educators 4135 Thunderbird Trail Stone Mountain, Georgia 30083
245. Howard B. James Mountain Services P. O. Box 483 Gainesville, Georgia 30501

246. Larry K. Butler National Organization for Women 2000 Clay Road Austell, Georgia 30001
247. Linda Hughes National Organization for Women 1205 Cumberland Road, N.E. Atlanta, Georgia 30306
248. Leslie Morris National Organization for Women 887 Argonne Avenue Atlanta, Georgia 30306
249. Marsharee Chastain National Organization for Women 382 Southerland Terrace, N.E. Atlanta, Georgia 30307
250. Timothy Scott Smith Motor Vehicles Manufacturers Association 1909 "K" Street, N.W. Washington, D.C. 20006
251. Lee Harty Georgia Restaurant Assn. 95 Tall Pines Court, N.W. Atlanta, Georgia 30327
252. Martha True Georgia State AFL-CIO 501 Pulliam Street Suite 549 Atlanta, Georgia 30312
253. Wayne T. Elliott Registered Agent Society of Professional Optometrists, Inc. SMW Atlanta, Inc. Suite 340 3390 Peachtree Rd., N.E. Atlanta, Georgia 30326
254. James C. Pratt National Organization for Women 50 Lakeland Drive, N.E. Apartment D-8 Atlanta, Georgia 30305

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255. James C. Dyer Fraternal Order of Police 3028 Empire Blvd., S.W. Atlanta, Georgia 30315
256. John D. Milne 3M Company 5925 Peachtree Industrial Blvd. Chamblee, Georgia
257. Jason Gilliland Life Insurance Company of Georgia Life of Georgia Tower Atlanta, Georgia 30308
258. Josephine Bridgman Common Cause 715 Kirk Road Decatur, Georgia 30030
259. Deedy Bartenfeld Self 3631 Tuxedo Road, N.W. Atlanta, Georgia 30305
260. Franklin Shumake Georgians for Quality Public Education 4268 Rocking Chair Lane Stone Mountain, Georgia 30083
261. W. Fred Orr, II Registered Agent Georgia State Employees Assn. Georgia Association of Nurse Anesthetists 540 One West Court Square Decatur, Georgia 30030
262. E. C. Kerr, Jr. Exxon Company, U. S A 399 Dorsey Circle Lilburn, Georgia 30247
263. P. K. Kelly Exxon Company, USA Atlanta, Georgia 30329
264. Mrs. Frances M. Milam DeKalb Association for Better Government 2957 Cravey Drive, N.E. Atlanta, Georgia 30345

265. John S. Prickett, Jr. The Georgia Rehabilitation Association 1162 Berkeley Road Avondale Estates, Georgia 30002
266. W. Fred Orr Georgia State Employees Association 2280 Campbellton Road Apartment 423 Atlanta, Georgia 30311
267. Paul A. Lutz Georgia State Association of Life Underwriters Suite 305 1801 Peachtree Street, N.E. Atlanta, Georgia 30309
268. Felton H. Gordon Georgia Optometric Association 3384 Peachtree Road, N.E. Suite 875 Atlanta, Georgia 30326
269. Tom Raynor Georgia Business and Industry Association 181 Washington Street, S.W. Atlanta, Georgia 30303
270. Frank D. Roberts Fraternal Order of Police 1181 Morley Avenue, S.E. Atlanta, Georgia 30302
271. Styles C. Adamson, Jr. Thoroughbred Breeders & Owners Association of Georgia Harlech Farm Plainville, Georgia 30733
272. Irvin H. Beavers Fraternal Order of Police Route One, Box 2325 Newnan, Georgia 30263
273. Richard H. Kimberly Kimberly-Clark Corporation 3390 Peachtree Road, N.E. Atlanta, Georgia 30326

Senator Riley of the 1st 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 at 12:10 o'clock P.M.

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295

Senate Chamber, Atlanta, Georgia Tuesday, February 11, 1975

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by Senator Holloway of the 12th, President Pro Tempore.

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

HB 86. By Representatives Colwell and Twiggs of the 4th, Sweat of the 150th and Dixon of the 151st:
A bill to amend an Act known as the "Adequate Program for Educa tion in Georgia Act" so as to provide for isolated schools.

HB 146. By Representatives Hutchinson of the 133rd, Larsen of the 119th, Jones of the 126th and others:
A bill to authorize the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia.

HB 174. By Representatives Lambert of the 112th, Carlisle of the 71st, Phillips of the 120th and others:
A bill to provide for the establishment and implementation of a State wide comprehensive soil erosion and sediment control program to con serve and protect land, water, air and other resources of the State; to provide that certain land-disturbing activities may not be carried out without a permit.

HB 177. By Representatives Burruss of the 21st and Mullinax of the 69th:
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.

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JOURNAL OF THE SENATE,

HB 258. By Representative Irvin of the 23rd:
A bill to amend an Act known as the "Uniform Reciprocal Enforce ment of Support Act", so as to provide for reciprocal enforcement of support with any province or territory of the Dominion of Canada.

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

HR 141. By Representatives Hays of the 1st, Toles of the 16th and Colwell of the 4th: A resolution urging the Stone Mountain Memorial Association to modify facilities at Stone Mountain Park to accommodate handicapped persons.
The following bills and resolutions of the Senate were read the first time and referred to committees:

SB 178. By Senators Kidd of the 25th and Lester of the 23rd:
A bill to amend an Act designating public and legal holidays in the State of Georgia, as amended, so as to change the time for observing certain holidays; to provide an effective date.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 179. By Senator Kidd of the 25th:
A bill to amend Code Section 58-207, relating to the seizure, destruc tion and sale of contraband articles used in violation of the liquor laws of this State, as amended, so as to provide for the payment into the county treasury of any moneys over and above the payment of expenses and court costs.
Referred to Committee on County and Urban Affairs.

SB 180. By Senator Kidd of the 25th:
A bill to vest in the tax commissioners of certain counties all the powers and duties of sheriffs, in their respective counties, relative only to the collection of all tax fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property.
Referred to Committee on County and Urban Affairs.

SB 181. By Senator Kidd of the 25th:
A bill to amend Code Section 92-4901.1, relating to tax collectors and tax commissioners as ex officio sheriffs for certain purposes, as amend ed, so as to authorize the transfer of tax fi. fas. in certain instances in order to permit collection of taxes.
Referred to Committee on County and Urban Affairs.

SB 182. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to grant licensed medical

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297

practitioners the privilege of treating patients in certain public hos pitals; to provide for exceptions.
Referred to Committee on Human Resources.

SB 183. By Senator Kidd of the 25th:
A bill to provide for sick leave for teachers in certain public school systems. Referred to Committee on Education.
SB 184. By Senator Kidd of the 25th:
A bill to provide that persons, firms or corporations operating a com munity antenna television system shall be subject to the jurisdiction, regulation and control of the Georgia Public Service Commission; to provide the procedures connected therewith. Referred to Committee on Public Utilities.

SB 185. 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 teachers to ac cumulate all unused sick leave; to provide for limits on such accumula tion; to prohibit certain deductions; to amend the "Adequate Program for Education in Georgia Act". Referred to Committee on Education.

SB 186. By Senator Kidd of the 25th:
A bill to amend Code Section 26-2701, relating to definitions used in describing gambling and related offenses, so as to exclude participation in a nonprofit bingo game from the definition of the word "bet"; to exclude nonprofit bingo games from the definition of the word "lottery"; to define the term "nonprofit bingo game". Referred to Committee on Judiciary.

SB 187. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Georgia Polygraph Examiners Act", as amended, so as to clarify certain provisions relating to the definition of "board" and "polygraph"; to provide for a minimum num ber of hours of instruction. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 188. By Senator Hamilton of the 26th:
A bill to provide for the confidentiality of certain records concerning reports of child abuse and neglect; to provide that it shall be unlawful to permit unauthorized persons to examine or inspect such confidential records; to provide a penalty; to provide an effective date. Referred to Committee on Human Resources.

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JOURNAL OF THE SENATE,

SB 189. By Senator Stephens of the 36th:
A bill to amend an Act known as the "Georgia Equine Act", as amended, so as to provide for the control, suppression, prevention and eradication of the equine disease known as "equine infectious anemia" (also known as swamp fever, EIA and slow fever). Referred to Committee on Human Resources.

SB 190. By Senator Duncan of the 30th:
A bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations, so as to provide the circumstances under which said Act shall become effective. Referred to Committee on Banking, Finance and Insurance.

SB 191. By Senators Shapard of the 28th, Banks of the 17th and Carter of the 14th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change the provisions relative to the allotment of teachers; to provide for all matters relative thereto. Referred to Committee on Education.

SB 192. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to amend the "Coastal Marshlands Protection Act of 1970", as amended, so as to change certain definitions. Referred to Committee on Natural Resources and Environmental Quality.

SB 193. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to provide that all sales at retail of any alcoholic beverages, distilled spirits, malt beverages or wine shall be for cash only; to provide that it shall be unlawful for any retailer to barter, trade, exchange or swap any alcoholic beverages, distilled spirits, malt bever ages or wine for any goods or services other than for cash.
Referred to Committee on Consumer Affairs.

SB 194. By Senators Duncan of the 30th, Lester of the 23rd, Hudson of the 36th and others:
A bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System of Georgia, as amended, so as to provide for the instruction in essentials of the United States and State Constitutions and the study of American institutions and ideals. Referred to Committee on Higher Education.

SB 195. By Senators Duncan of the 30th and Dean of the 31st: A bill to amend an Act known as "The Georgia Government Documents

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299

Act", as amended, so as to require State agencies to update their dis tribution lists.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 196. By Senators Ballard of the 45th, Tysinger of the 41st, Stumbaugh of the 55th and others:
A bill to amend Code Title 114, relating to workmen's compensation, as amended, so as to delete the requirement that an employer be engaged in a business operated for gain or profit; to provide for uniform cover age of all county and school district employees. Referred to Committee on Industry, Labor and Tourism.

SB 197. By Senators Lewis of the 21st, Banks of the 17th and Barnes of the 33rd:
A bill to amend an Act known as the "Uniform Reciprocal Enforce ment of Support Act", as amended, so as to designate the Department of Human Resources as the State Information Agency and to provide for its duties; to provide for payment of the District Attorneys' fees by the Director of the Fiscal Division of the Department of Administra tive Services.
Referred to Committee on Human Resources.

SB 198. By Senators Hudson of the 35th and 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; to provide that any person breaking and entering an automobile with the intent to commit a theft or a felony shall be guilty of a felony; to provide for penalties. Referred to Committee on Judiciary.

SB 199. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend Code Section 74-9902, relating to abandonment of minor children, as amended, so as to provide that the mother of an illegitimate child or children, in the prosecution of the accused father of such illegitimate child or children, shall not be prohibited from testifying as to her adultery with the said accused father under certain conditions. Referred to Committee on Judiciary.

SB 200. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend Georgia Code Section 26-1704, relating to bad checks, so as to add certain language thereto relating to a commitment hearing on trial involving a bank or depository beyond the subpoena power of the court. Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

SB 201. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend Code Section 26-2011, relating to public indecency, so as to provide that any person who wilfully and knowingly enter into any public restroom or dressing room designated for use by the op posite sex commits public indecency. Referred to Committee on Judiciary.

SB 202. By Senator Doss of the 52nd:
A bill to amend Code Title 34, relating to elections, as amended, so as to provide for a system of registration of party affiliation; to allow electors to change party affiliation at certain times; to require the registrars to designate the electors' party affiliations; to prohibit persons from voting in the primary of any party except as shown on the voter's list.
Referred to Committee on Rules.

SB 203. By Senators Lester of the 23rd, Doss of the 52nd and Fincher of the 54th:
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, as amended, so as to change the definition of "per sons liable for cost of care".
Referred to Committee on Human Resources.

SB 204. By Senators Lester of the 23rd, Kidd of the 25th, Doss of the 52nd and others:
A bill to amend Chapter 88-24, relating to rights of certain State employees, of the Code of Georgia, as amended, so as to extend compensation to employees of institutions operated by the Department of Human Resources for certain personal property losses sustained through patient action.
Referred to Committee on Human Resources.

SB 205. By Senators Lewis of the 21st, Overby of the 49th, Banks of the 17th and others:
A bill to amend an Act providing for a new exclusive procedure for persons whose liberty is being restrained by virtue of a sentence imposed against them by any State court of record, as amended, so as to provide certain grounds shall be considered waived in such cases under certain conditions.
Referred to Committee on Judiciary.

SB 206. By Senators Hudgins of the 15th and Pearce of the 16th:
A bill to amend the Fire Fighter's Mediation Act, so as to delete therefrom an exception. Referred to Committee on Industry, Labor and Tourism.

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301

SB 207. By Senators Stumbaugh of the 55th, Eldridge of the 7th, Kidd of the 25th and others:
A bill to amend Code Chapter 40-19, relating to the supervisor of purchases, as amended, so as to require not less than three bids on certain public contracts for construction and public works. Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 208. By Senator Lester of the 23rd:
A bill to amend Code Chapter 88-6, relating to mental health, as amended, so as to provide a single system of services in the mental health and alcohol and drug abuse areas; to provide a short title; to provide a declaration of purpose; to provide definitions; to provide the powers and duties of the Department of Human Resources in the area of mental health.
Referred to Committee on Human Resources.

SB 209. By Senator Holley of the 22nd:
A bill to amend Code Section 22-603, relative to meetings of sharehold ers, as amended, so as to authorize corporate shareholder action pursuant to the written consent of a majority of the outstanding shares. Referred to Committee on Banking, Finance and Insurance.

SB 210. By Senators Kennedy of the 4th, Kidd of the 25th, Lewis of the 21st and others:
A bill to create the Adult and Juvenile Probation Board; to provide for a short title; to provide for a declaration of purpose; to designate the Judicial Council of Georgia as an agency of the Judicial Branch of State Government for the purpose of employing, regulating and super vising adult and juvenile probation officers.
Referred to Committee on Judiciary.

SB 211. By Senators Kennedy of the 4th and Traylor of the 3rd:
A bill to repeal an Act creating the Groveland Lake Development Au thority; to provide an effective date. Referred to Committee on Natural Resources and Environmental Quality.

SB 212. By Senator Stephens of the 36th:
A bill to amend Code Section 92-5001, relating to interest on taxes due the State and counties, as amended, so as to change the rate of interest; to authorize the county authorities levying a tax to annually set a rate of interest; to change the date for the bearing of interest. Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

SB 213. By Senator Stephens of the 36th:
A bill to amend an Act creating and establishing a purchasing depart ment in certain counties, as amended, so as to change the provisions relative to the appointment and terms of a county purchasing agent; to change the provisions relative to purchases without competition. Referred to Committee on County and Urban Affairs.

SB 214. By Senators Holloway of the 12th, Starr of the 44th, Riley of the 1st and others:
A bill to amend Code Title 47, relating to the General Assembly, as amended, so as to provide for a new Code Chapter 47-10A to regulate and require disclosure of certain actions by lobbyists and registered agents; to provide for a declaration of policy; to require certain persons to file reports with the Secretary of State.
Referred to Committee on Rules.

SB 215. By Senators Hudson of the 35th, Stephens of the 36th and Hamilton of the 34th:
A bill to fix the salary of the First Assistant Solicitor, the Assistant Solicitors and the Special Assistant, to the Solicitor General of the Criminal Court of Fulton County; to provide the procedures con nected therewith; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 216. By Senator Stephens of the 36th:
A bill to amend Code Section 47-101, relating to the apportionment of the House of Representatives, as amended, so as to provide for changes in Representative Districts 29, 32, 33, 35, 36, 37, 38 and 39; to provide for severability; to provide an effective date. Referred to Committee on Rules.

SB 217. By Senator Stephens of the 36th:
A bill to amend Code Section 47-102, relating to State Senatorial Districts, as amended, so as to change the boundaries of certain dis tricts. Referred to Committee on Rules.

SB 218. By Senator Stephens of the 36th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, as amended, so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

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303

SB 219. By Senator Stephens of the 36th:
A bill to provide for equality of treatment of all counties of this State; to provide that whenever any board, department or agency of this State shall provide funding for any activity carried on by or through any county of this State, State funds shall be distributed among all counties participating in such activity in proportion to the population of such county; to provide the activities to which this Act is applicable. Referred to Committee on Appropriations.

SB 220. By Senator Stephens of the 36th:
A bill to provide that in certain counties zoning and building inspectors shall have authority to issue citations for persons who shall violate zoning ordinances or building codes; to provide that said citations shall be returnable to a regular session of a court having countywide com mitment jurisdiction; to provide for the powers and authorities of said court; to provide for the issuance of a warrant in the event said citation is not obeyed.
Referred to Committee on Judiciary.

SB 221. By Senator Stephens of the 36th:
A bill establishing a municipal court of the City of Atlanta (now the civil court of Fulton County) as amended, so as to change the cost deposit requirement, and the costs charged by the clerk and marshal of said court. Referred to Committee on County and Urban Affairs.

SB 222. By Senator Stephens of the 36th:
A bill to amend Code Section 36-606, providing for the interest to be vested in a person seeking condemnation, as amended, so as to provide that certain counties shall acquire a fee simple title to property con demned upon payment of the condemnation money. Referred to Committee on County and Urban Affairs.

SB 223. By Senator Stephens of the 36th:
A bill to create a Metropolitan Water and Sewer Authority; to provide for the original participants of said Authority and to provide for additional participants of said Authority; to provide for the member ship of said Authority and the appointment of same; to provide for the duties and responsibilities of said Authority. Referred to Committee on County and Urban Affairs.

SB 224. By Senator Stephens of the 36th:
A bill to amend an Act creating the State Board of Pardons and Paroles, as amended, so as to provide that when any person who shall have been arrested pursuant to a warrant issued by any member of

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the State Board of Pardons and Paroles shall be confined in any county jail, the State Board of Pardons and Paroles shall pay to the County wherein said jail is located the cost of confining such person.
Referred to Committee on Appropriations.

SB 225. By Senator Stephens of the 36th:
A bill to amend Code Chapter 24-27, pertaining to clerks of the superior court, as amended, so as to provide that in counties having a population of 600,000 or more, according to the 1970 United States Decennial Census or any future such census, no cost deposit shall be required in civil actions, but all fees shall be collected at the time of performing services.
Referred to Committee on County and Urban Affairs.

SB 226. By Senator Stephens of the 36th:
A bill to amend an Act to extend, fix and prescribe a right to redeem property sold under or in obedience to any execution issued for the collection of State, county, city, municipal or school taxes, or special assessments, as amended, so as to provide for the redemption of real estate sold at tax sales by municipal or county authorities.
Referred to Committee on County and Urban Affairs.

SB 227. By Senator Stephens of the 36th:
A bill to amend an Act providing for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes and providing for a different rate, method of assessment and manner of collecting ad valorem taxes due thereon, as amended. Referred to Committee on Banking, Finance and Insurance.

SB 228. By Senator Dean of the 6th:
A bill to amend Code Chapter 56-24, relating to the Insurance Con tract in General, as amended, so as to provide that all insurance contracts of accident and sickness insurance, including individual, group and blanket policies, and all policies insuring the payment of compensation under any public law shall provide that the insured shall have full freedom of choice in the selection of any doctor or therapist.
Referred to Committee on Banking, Finance and Insurance.

SB 229. By Senator Dean of the 6th:
A bill to prohibit certain unauthorized transfers and reproductions of recorded material; to prohibit distribution and sale of such un authorized transfers and reproductions of recorded materials; to provide certain exceptions; to provide penalties; to provide for other matters relevant thereto.
Referred to Committee on Rules.

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305

SB 230. By Senators Dean of the 6th and 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 authorize an inside service door between a retail liquor store and another business establishment under certain circumstances. Referred to Committee on Consumer Affairs.

SB 231. By Senators Dean of the 6th and Kidd of the 25th:
A bill to amend Code Section 92-5702, relating to the definition of the term "fair market value", as amended, so as to change the defini tion of the term "fair market value"; to provide an effective date. Referred to Committee on Banking, Finance and Insurance.

SB 232. 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 change the provisions relating to advertising by licensed retailers. Referred to Committee on Consumer Affairs.

SB 233. By Senator Reynolds of the 48th:
A bill to create the Gwinnett County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain and operate an athletic stadium or stadiums and the usual facilities related thereto, recreational centers and areas, including, but not limited to, playgrounds, parks, hiking, camping, picnicking areas and facilities, swimming, and wading pools, lakes, golf courses, tennis courts, and athletic fields.
Referred to Committee on County and Urban Affairs.

SR 50. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to direct the General Assembly to require that persons convicted of crimes involving the use of dangerous or lethal weapons must serve a minimum sentence before parole or reprieve may be granted; to provide for the submission of this amendment for ratification or repection. Referred to Committee on Judiciary.

SR 51. By Senator Kidd of the 25th:
A resolution relative to the voter registration of high school students. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

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SR 52. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to provide that the homestead of each resident of each county and independent school district who is 62 years of age or over and who has an income from all sources, including the income of certain members of the family, not exceeding $8,000 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 Banking, Finance and Insurance.

SR 53. By Senator Kidd of the 25th:
A resolution relative to certain mentally ill persons. Referred to Committee on Human Resources.

SR 57. By Senators Lester of the 23rd and Doss of the 52nd:
A resolution creating the Health Laws Study Committee. Referred to Committee on Human Resources.

SR 58. By Senators Lester of the 23rd, Riley of the 1st, Bell of the 5th and others:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the option of the taxpayer, in the same manner and on the same basis as other tangible personal property.
Referred to Committee on Banking, Finance and Insurance.

SR 59. By Senator Stephens of the 36th:
A resolution proposing an amendment to the Constitution, so as to provide that the homestead of each resident of each independent school district who is 62 years of age or over and who has an ad justed gross income, including the adjusted gross income of certain members of the family, not exceeding $6,000 per annum, may be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such systems.
Referred to Committee on Banking, Finance and Insurance.

SR 60. By Senator Stephens of the 36th:
A resolution proposing an amendment to the Constitution, so as to provide that the homestead of each resident of each county school district who is 62 years of age or over and who has an adjusted gross income, including the adjusted gross income of certain members of the family, not exceeding $6,000 per annum, may be granted an exemption from all ad valorem taxation for educational purposes.
Referred to Committee on Banking, Finance and Insurance.

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307

SR 62. By Senator Holloway of the 12th:
A resolution relative to the utilization of the Garden Room of Georgia Plaza Park. Referred to Committee on Rules.

SR 63. By Senator Broun of the 46th:
A resolution electing Mrs. Melba R. Williams as a member of the State Elections Board. Referred to Committee on Rules.

SR 64. By Senators Dean of the 6th and Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to classify real property as a separate class of tangible property for tax purposes and to provide how such real property shall be assessed; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Banking, Finance and Insurance.

SR 65. By Senators Starr of the 44th, Riley of the 1st, Holloway of the 12th and others:
A resolution to create the "Constitution Revision Commission". Referred to Committee on Rules.

SR 66. By Senators Tate of the 38th and Bond of the 39th:
A resolution recognizing Black History Week. Referred to Committee on Rules.

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

HB 86. By Messrs. Colwell and Twiggs of the 4th, Sweat of the 150th, and Dixon of the 151st:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to provide for isolated schools. Referred to Committee on Education.

HB 146. By Messrs. Hutchinson of the 133rd, Larsen of the 119th, Jones of the 126th and others:
A bill to authorize the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia. Referred to Committee on Education.

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JOURNAL OF THE SENATE,

HB 174. By Messrs. Lambert of the 112th, Carlisle of the 71st, Phillips of the 120th and others:
A bill to provide for the establishment and implementation of a State wide comprehensive soil erosion and sediment control program to conserve and protect land, water, air and other resources of the State; to provide that certain land-disturbing activities may not be carried out without a permit. Referred to Committee on Natural Resources and Environmental Quality.

HB 177. By Messrs. Burruss of the 21st and Mullinax of the 69th:
A bill to prohibit certain unauthorized transfers and reproductions of recorded material; to prohibit distribution and sale of such un authorized transfers and reproductions of recorded materials; to provide certain exceptions. Referred to Committee on Rules.

HB 258. By Mr. Irvin of the 23'rd:
A bill to amend an Act known as the "Uniform Reciprocal Enforcement of Support Act", so as to provide for reciprocal enforcement of sup port with any province or territory of the Dominion of Canada. Referred to Committee on Interstate Cooperation.

HR 141. By Representatives Hays of the 1st, Toles of the 16th and Colwell of the 4th:
A resolution urging the Stone Mountain Memorial Association to modify facilities at Stone Mountain Park to accommodate handicapped persons. Referred to Committee on Rules.

Senator Hudgins of the 15th moved that the following bill be withdrawn from consideration by the Senate:

SB 234. By Senator Hudgins of the 15th:
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; to provide an effective date.

On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 234 was withdrawn from consideration of the Senate.

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

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309

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:

Mr. President:

Your Committee on Banking, Finance and Insurance 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 125. Do pass.
SB 126. Do pass.
SB 129. Do pass by substitute.

Respectfully submitted, Holley of 22nd District, Chairman.

Senator Carter of the 14th District, Chairman of the Committee on Educa tion, submitted the following report:
Mr. President:
Your Committee on Education 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 33. Do not pass. SB 57. Do pass.
Respectfully submitted, Carter of 14th District, Chairman.
Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources 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 99. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.

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Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following1 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 66. Do pass.
SB 107. Do pass by substitute.
SB 132. Do pass as amended.
SB 137. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Gillis of the 20th 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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 43. Do pass.
Respectfully submitted, Gillis of 20th District, Chairman.

Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 31. Do pass. SR 54. Do pass.
Respectfully submitted, Eldridge of 7th District, Chairman.

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311

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

Mr. President:

Your Committee on Transportation 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 61. Do pass as amended.
SB 83. Do pass by substitute.
SB 160. Do pass.
SR 41. Do pass as amended.

Respectfully submitted, Reynolds of 48th District, Chairman.

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

SB 87. By Senator Kennedy of the 4th:
A bill to amend an Act fixing the terms of the Superior Court of Evans County, so as to change the provisions relative to such terms.

SB 94. By Senators Riley of the 1st, McDowell of the 2nd and Traylor of the 3rd:
A bill to confer the power of eminent domain upon the Mayor and Aldermen of the City of Savannah for the purpose of acquiring and constructing electric and gas systems; to provide the procedures con nected therewith.

SB 112. By Senator Lester of the 23rd:
A bill to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County.

SB 117. By Senator Summers of the 53rd:
A bill to amend an Act incorporating the Town of Trion in the County of Chattooga, as amended, so as to provide for increasing the length of the terms of the mayor, recorder and five members of the town council as the governing body of the Town of Trion.

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SB 140. By Senator Traylor of the 3rd:
A bill to prohibit elected officers of certain counties from holding a municipal office; to prohibit elected municipal officers in said counties from holding a county office; to provide for other matters relative thereto; to provide for intent; to provide an effective date.

SB 153. By Senator Foster of the 50th:
A bill to amend an Act creating the Mountain Judicial Circuit, as amended, so as to change the terms of court for certain counties comprising said circuit; to provide an effective date.

SB 154. By Senator Riley of the 1st:
A bill to abolish the governmental and corporate functions of the Mayor and Aldermen of the City of Savannah and the governmental and corporate functions of the Commissioners of Chatham County, pursuant to Constitutional power granted by an amendment to Article XI, Section I, Paragraph VII of the Constitution of Georgia of 1945, as amended.

HB 175. By Mr. Bray of the 70th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the Clerk of the Superior Court of Meriwether County.

HB 187. By Messrs. Beck of the 148th, Patten of the 149th, and Reaves of the 147th:
A bill to provide for a board of elections in certain counties (popula tion 55,110-56,000) ; to define its powers and duties concerning pri maries and elections.

HB 199. By Mr. Howell of the 140th:
A bill to amend an Act creating the Board of Commissioners of Miller County so as to provide that the Clerk of the Superior Court shall not serve as the Clerk of the board of commissioners.

HB 200. By Mr. Howell of the 140th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Miller County, known as the fee system; to provide in lieu thereof an annual salary for such officer.

HB 201. By Mr. Howell of the 140th:
A bill to amend an Act creating the State Court of Miller County so as to place the solicitor of said court upon an annual salary.

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313

HB 202. By Mr. Howell of the 140th:
A bill to amend an Act placing the sheriff of Miller County upon an annual salary so as to change the compensation of the sheriff.

HB 204. By Messrs. Bargeron of the 83rd, and Evans of the 84th:
A bill to amend an Act establishing a new Charter for the City of Louisville so as to change the qualifying fees of candidates for Mayor and Councilman.

HB 212. By Mr. Bray of the 70th: A bill to create the Meriwether County Water and Sewerage Authority.

HB 141. By Messrs. Kilgore of the 65th, and Glanton and Parkman of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County so as to increase the number of members of the Board of Commissioners.

HB 142. By Messrs. Kilgore of the 65th, and Glanton and Parkman of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County so as to provide for the recall of members of the Board of Commissioners.

HB 143. By Messrs. Kilgore of the 65th, and Glanton and Parkman of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County so as to change the method and procedures for filling vacancies in the membership of the Board of Commissioners.

HB 238. By Messrs. Baugh of the 108th and Parham of the 109th:
A bill to amend an Act creating a new Charter for the City of Milledgeville so as to change the corporate limits.

HB 240. By Messrs. Long of the 142nd and Cox of the 141st:
A bill to amend an Act incorporating the city of Cairo so as to change the date of the municipal election; to provide for runoff elec tions.

HR 27. By Messrs. Kilgore of the 65th, and Glanton and Parkman of the 66th:
A resolution proposing an amendment to the Constitution so as to provide for the recall of the Clerk of the Superior Court, the Judge of

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the Probate Court, the Sheriff, the Tax Commissioner, and the Coroner of Douglas County, or any member of the Douglas County Board of Education.

SB 29. By Senator Duncan of the 30th:
A bill to amend an Act creating a Retirement System for Teachers, approved Mar.ch 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide additional circumstances under which members of the system may establish prior service credit.

SB 31. By Senator Fincher of the 54th:
A bill to amend Code Section 79A-703, relating to the illegal selling, giving away, bartering, exchanging, distribution or possession of dangerous drugs as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 948), so as to provide certain conditions relative to the distribution of dangerous drugs by a manufacturer's sales representa tive to a practitioner.

SB 32. By Senator Pincher of the 54th:
A bill to amend Code Chapter 79A-10, known as the "Georgia Drug and Cosmetic Act", so as to provide additional requirements for the labeling of certain drugs; to provide an effective date.

SB 33. By Senator Fincher of the 54th:
A bill to amend Code Title 88, the Georgia Health Code, as amended; to provide for inspection warrants; to provide for definitions; to provide for practices and procedures in connection with the issuance and execution of inspection warrants; to provide an effective date; to provide for severability.

SB 56. By Senator Barker of the 18th:
A bill to amend an Act creating the Department of Public Safety for Georgia, approved Mar. 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to require the court to suspend, revoke or cancel the driver's license of a person who is convicted, pleads guilty or forfeits bonds for certain offenses.

SB 59. By Senator Kidd of the 25th:
A bill to amend an Act providing for retirement benefits for the Judges of Probate Courts (formerly known as the Ordinaries), ap proved March 21, 1958 (Ga. Laws 1958, p. 185), as amended, so as to change the provisions relating to the office of Secretary-Treasurer of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia.

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315

SB 81. By Senator Doss of the 52nd:
A bill to prohibit certain unauthorized transfers and reproductions of recorded material; to prohibit distribution and sale of such un authorized transfers and reproductions of recorded materials.

SB 88. By Senator Holloway of the 12th:
A bill to amend Code Section 79A-811, relating to certain prohibited acts, so as to provide that it shall be unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute marijuana; to provide for penalties.

SB 89. By Senators Holloway of the 12th and Riley of the 1st:
A bill to amend an Act re-creating and reestablishing the Georgia Commission for the National Bicentennial Celebration, approved April 5, 1973 (Ga. Laws 1973, p. 311), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 430), so as to change the membership of said Commission; to provide an effective date.

SB 95. By Senators McDowell of the 2nd, Riley of the 1st and Traylor of the 3rd:
A bill to amend Code Section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Code", approved Feb. 21, 1964 (Ga. L. 1964 p. 146), as amended, so as to permit the State Properties Commission to authorize such change (s) in the physical and natural features of the Property as may, in the discretion of the Commission, be in the best interests of the State.

SB 102. By Senators Duncan of the 30th, Carter of the 14th, Holloway of the 12th 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 provisions relative to creditable service necessary for eligibility for retirement; to change the provisions relative to retirement benefits.

SB 104. By Senator Howard of the 42nd:
A bill to amend Code Section 88-508.2, relating to expenses for hear ings held as part of incompetency proceedings, as amended, so as to change certain fees; to provide an effective date.

SB 110. By Senator Howard of the 42nd:
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

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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.

SB 116. By Senator Tysinger of the 41st:
A bill to amend an Act relating to the introduction of bills relative to retirement, pensions and emeritus systems and requiring fiscal notes therefor, approved Mar. 16, 1966 (Ga. Laws 1966, p. 573), as amended, so as to require actuarial studies on such bills; to provide for the costs of such studies.

SB 118. By Senators Barker of the 18th, Hudgins of the 15th and Lewis of the 21st:
A bill to amend an Act providing for the issuance of automobile tags to disabled veterans, approved Feb. 27, 1956 (Ga. Laws 1956, p. 336), as amended, so as to provide for the issuance of free motor vehicle license tags to certain wartime veterans who were discharged under honorable conditions.

SB 120. By Senators Tate of the 38th and Dean of the 31st:
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 change the provisions relative to the composition of the Board of Trustees; to provide an effective date.

SB 121. By Senator Overby of the 49th:
A bill to amend an Act approved January 3, 1938 (Ga. L. 1937-38, Extra. Sess., p. 77), relating to the Department of Revenue and ad ministration of the tax laws, as amended, so as to provide that the Attorney General shall furnish such legal services as may be necessary.

SB 123. By Senator Overby of the 49th:
A bill to amend an Act known as the "Soil Conservation Districts Law", approved March 26, 1937 (Ga. L. 1937, p. 377), as amended, so as to provide that the Attorney General shall provide that the only legal services required by the State Soil Conservation Committee.

SB 124. By Senators Pearce of the 16th and Hudgins of the 15th:
A bill to repeal an Act providing for the compensation of the Judge of the Juvenile Court of certain counties of this State, approved March 29, 1971 (Ga. Laws 1971, p. 2236) ; to provide an effective date.

SB 127. By Senator Langford of the 51st:
A bill to amend Code Section 79A-402, relating to qualifications of applicants for registration as pharmacists, as amended, so as to

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317

change the qualifications of applicants for registration as pharmacists; to provide an effective date.

SB 128. By Senator Kidd of the 25th:
A bill to provide that Sheltered Workshops in the Department of Human Resources shall be authorized to accrue surplus funds; to designate surplus funds as reserve funds; to provide that such surplus or reserve funds shall not lapse to the State treasury.

SB 131. By Senator Kidd of the 25th:
A bill to completely and exhaustively revise, supersede and consolidate the laws relating to the State Personnel Board and the State Merit System of Personnel Administration; to provide for a declaration of purpose; to define certain terms; to prescribe the functions, powers and duties of the board.

SR 25. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to abolish the present State Personnel Board and to provide for a new State Personnel Board which shall provide policy direction for a State Merit System of Personnel Administration; to provide for the sub mission of this amendment for ratification.

SR 34. By Senators Barker of the 18th, Hudgins of the 15th and Lewis of the 21st:
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 veterans"; to provide for a homestead exemption for the unremarried widow or minor children of certain disabled veterans.

SR 42. By Senators Garrard of the 37th, Langford of the 51st, Eldridge of the 7th and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may exempt from ad valorem taxa tion property of nonprofit homes for the aged which is used in con nection with the operation of the home; to provide for the submission of this amendment for ratification or rejection.

HB 10. By Representatives Snow of the 1st, Sams of the 90th, Karrh of the 106th and others:
A bill to amend Code Section 9-9903, relating to the punishment for the unlawful practice of law, so as to change the punishment for the unlawful practice of law.

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HB 12. By Representatives Snow of the 1st, Sams of the 90th and others:
A bill to amend Code Section 89-9908, relating to indictments, pre sentments or accusations for malpractice by certain public officers or officials and their appearance before a grand jury so as to abolish the right of such officers and officials to make an unsworn statement to the grand jury.

HR 67. By Representatives Gignilliat of the 122nd, Wheeler of the 152nd and Irvin of the 10th:
A resolution directing the Department of Human Resources to partic ipate in certain programs relating to the toxoplasmosis disease.

HB 75. By Representative Larsen of the 27th:
A bill to amend Code Chapter 26-23, relating to crimes involving abuse of governmental office so as to provide that the influencing of certain witnesses shall be unlawful.

HB 87. By Representatives Kreeger of the 21st, Howard of the 19th and Nix of the 20th:
A bill to amend an Act providing for a tax on certain deeds, instru ments, or other writings transferring real estate so as to provide that said tax shall not apply to any transfer of real estate between a husband and wife in connection with a divorce case.

HR 96. By Representatives Edwards of the 110th and Connell of the 87th:
A resolution urging the Board of Regents of the University System of Georgia to take immediate steps to determine the feasibility of estab lishing a Georgia college of optometry and to explore other alternatives to satisfy the need for optometrists in this State.

Senator Holloway of the 12th, who was presiding, ordered the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bond Brantley Carter Coverdell
Dean of 6th Dean of 31st Doss Duncan Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Howard
Hudgins Hudson Kennedy Kidd Langford

Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds
Riley Robinson Russell Shapard Starr

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319

Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor

Turner Tysinger Warren Young

Those not answering were Senators:

Bell Broun of 46th

Brown of 47th Holley

Holloway (presiding)

Senator Hill of the 29th introduced as chaplain The Reverend Woody Wall, pastor, Greenville Baptist Church, Greenville, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate, favorably reported by the commit tees, were read and put upon their adoption:

SR 41. By Senators Thompson of the 32nd, Reynolds of the 48th and Holloway of the 12th:
A resolution relative to the installation of protective devices at railroad crossings.
The Committee on Transportation offered the following amendment:
Amend SR 41 by inserting on Page 1, line 19, between the words "authority" and "may" the following:
"as provided by current law".

The committee amendment was read and adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to, and the resolution was adopted.
SR 43. By Senators Foster of the 50th and Langford of the 51st: A resolution urging the State Department of Natural Resources and the Office of Planning and Budget to undertake a Statewide Water Supply and Water Use Study.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, and the resolution was adopted.
SENATE CALENDAR
Tuesday, February 11, 1975
SR 12. Constitutional Convention--General Assembly provide (SUB) SB 9. Pension Bills--attach fiscal note to enrolled copy

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SB 19. Junk Dealers--records on bronze cemetery items SB 45. Vehicle Transporting Portable Buildings--change provisions
(SUB) SB 53. Injured Persons--prohibit settlements, statements SB 96. Person Extending Credit--no discrimination SB 106. Fair Market Value--tax assessors consider certain criteria SB 111. Administrative and Assistant Floor Leaders--compensation SR 21. Certain Justices and Judges--term, election, nomination SR 36. Gasoline Tax Revenue Fluctuation Study Committee--create SR 39. Handicapped Veterans--increase homestead exemption to $17,500 HB 18. Property Insurance--available qualified applicants HB 47. Special Master--compensation SR 54. Amending Rules of the Senate

Senator Coverdell of the 40th moved that the following resolution of the Senate, defeated on January 24, and reconsidered on February 10, be committed to the Committee on Judiciary:
SR 12. By Senators Coverdell of the 40th, Garrard of the 37th, Warren of the 43rd 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.
On the motion, the yeas were 37, nays 0; the motion prevailed, and SR 12 was committed to the Committee on Judiciary.
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 9. 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 March 16, 1966 (Ga. Laws 1966, p. 573), as amended, so as to provide for the attachment of fiscal notes to the enrolled copy of such bills; to provide an effective date.

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321

The following fiscal note, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable James li. Lester, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

DATE:

January 21, 1975

SUBJECT: Fiscal Note -- Senate Bill 9

This bill would require that a copy of the fiscal note be attached to the enrolled copy of the bill and the only cost ^involved would be the necessary administrative cost.

/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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Carter
Coverdell Dean of 6th Dean of 31st Doss Duncan
Eldridge Fincher Foster Garrard
Gillis

Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kennedy
Kidd Langford Lester Lewis McDowell
McDuffie McGill Overby Pearce
Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh
Summers Sutton Tate Thompson Timmons
Traylor Turner Tysinger Warren
Young

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Those not voting were Senators:

Banks Broun of 46th

Brown of 47th Holley

Holloway (presiding)

On the passage of the bill, the yeas were 51, nays 0.

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

SB 19. By Senator Kidd of the 25th:
A bill to amend an Act prohibiting persons, firms or corporations epgaged in the purchase of junk and commonly known as junk dealers, , to enter upon the lands of another for the purpose of soliciting busi ness or buying junk, without the written permission of the owner of the land or permission of the tenant thereof, and requiring junk dealers to register any bronze cemetery vases with the judge of the probate court of the county in which such business 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, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudson " Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Duncan Fincher

Holley Holloway (presiding)

Hudgins Thompson

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323

On the passage of the bill, the yeas were 50, nays 0.

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

SB 53. By Senator Barker of the 18th:
A bill to prohibit the obtaining of or attempt to obtain certain settle ments, releases or statements from certain injured persons.

Senator Barker of the 18th offered the following amendment:
Amend SB 53 by adding on Page 1, line 23, a new sentence in Section 1 to read as follows:
"Nothing in this Act is intended to preclude an interested party from visiting an injured party while confined as a patient to a hospital or sanitarium for purposes of expressing concern for the injured and/or determining the extent of injuries incurred."

On the adoption of the amendment, the yeas were 41, nays 0, ancj 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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis

McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton

324
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Traylor Turner Tysinger

Warren Young

Those not voting were Senators:

Duncan

Fincher

Holloway (presiding)

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

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

SB 96. By Senators Howard of the 42nd, Shapard of the 28th, Barnes of the 33rd and others:
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; to provide for an action for damages or equitable relief.

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

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill, 29th Holley Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

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325

Those not voting were Senators:

Doss Duncan

Holloway (presiding)

Hudson

On the passage of the bill, the yeas were 52, nays 0.

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

The President assumed the Chair.

SB 111. By Senator Holloway of the 12th:
A bill to amend Code Section 47-107, relating to the salary and allow ances of members of the General Assembly, as amended by an Act approved March 16, 1966 (Ga. L. 1966, p. 544), so as to provide for compensation for the Administration Floor Leader and Assistant Administration Floor Leaders of the Senate and Administration Floor Leader and Assistant Administration Floor Leaders of the House of Representatives.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Hudgins Hudson Kennedy
Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Those not voting were Senators:

Dean of 6th Duncan

Holley

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Howard

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On the passage of the bill, the yeas were 52, nays 0.

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

SR 21. By Senators Langford of the 51st, Howard of the 42nd and Starr of the 44th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the term(s) of office, election, nomination, and appointment of certain justices and judges; to provide for a Judicial Nominating Commission and the members, powers, duties, qualifications and terms thereof; to provide for eligibility for nomination or election as a Justice of the Supreme Court, Judge of the Court of Appeals, or Judge of the Superior Court; to provide for the retirement of justices and judges; 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 VI, Section II of the Constitution is hereby amended by striking Paragraph III in its entirety and inserting in lieu thereof a new Paragraph III, to read as follows:
"Paragraph III. (a) Terms of Office and Election. The terms of the justices of the Supreme Court shall be for a period of six years and until their successors are qualified. The terms of the justices in office on January 1, 1977, shall be for a period of six years from the date of their election, except those justices who have been elected for an unexpired term, in which event the term shall extend to the end of the unexpired term to which the Justice was elected. Justices shall be elected by the people at the same time and in the same manner as members of the General Assembly. The returns of such elections shall be made to the Secretary of State, who shall certify the result to the Governor, and commission shall issue accordingly.
(b) Nomination and Appointment. A vacancy in the office of Justice of the Supreme Court or Judge of the Court of Appeals or Judge of Superior Court shall be filled by the Governor from a list of five nominees presented to him by the Judicial Nominating Commission. The person so appointed shall hold office until the next general election held more than one year after his appointment, at which time he shall stand for election for the remainder of the unexpired term of the Justice whom he was appointed to succeed, or for a full term if the unexpired term has terminated.
(c) Judicial Nominating Commission. There shall be a Judicial Nominating Commission for the Supreme Court, the Court of

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327

Appeals and the Superior Courts for the purpose of submitting
nominations to the Governor. The Commission shall consist of ten members. Five members shall be citizen members, not members of the Executive Committee of the State Bar of Georgia, appointed by the Governor. No two citizen members shall be from the same judi cial circuit. Five members shall be members of the State Bar of Georgia as follows: the President, the immediate Past President, the next immediate Past President, the President-Elect and the President of the Younger Lawyers Section. The citizen members appointed by the Governor shall serve for terms concurrent with the Governor's term. The members from the State Bar of Georgia shall serve ex officio. A majority of the Commission shall constitute a quorum. The Commission shall select one of its members to serve as chairman. Before designating nominees to fill any vacancy, the Commission shall hold at least one meeting to consider recom mendations regarding such nominations. No member of the Com mission shall receive any compensation for his services but shall be allowed his necessary expenses for travel, board and lodging in curred in the performance of his duties. No member of the Com mission shall hold any other public office or office in a political party or organization nor shall he be eligible for appointment to a State judicial office while he is a member of the Commission and for a period of one year thereafter. Should any vacancy occur on the Judicial Nominating Commission, the Governor shall ap point to the vacant citizen position and the Executive Committee of the State Bar of Georgia shall elect to the vacant ex officio position.

(d) Eligibility. To be eligible for nomination or election as a Justice of the Supreme Court, Judge of the Court of Appeals or Judge of the Superior Court, a person must have attained the age of thirty years, have been a citizen of the State for three years immediately preceding, have practiced law in Georgia for seven years, and be admitted and remain eligible to practice law in the State of Georgia. To be eligible for nomination or election as a Judge of the Superior Court, a person also must be a resident of the circuit in which he is to serve.

(e) Retirement. Every justice and judge shall retire at the age specified by statute, but compulsory retirement shall not be fixed at less than sixty-five years. The Supreme Court is hereby empowered to authorize retired justices and judges to perform judicial duties in any court in 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 restrict the Governor's authority to fill vacancies in the office of the Justice of the Supreme Court

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or Judge of the Court of Appeals or Judge of Superior Court to appointments of only those ( ) NO nominated by a Judicial Nominating Commis sion; to provide for a Judicial Nominating Com mission and the members, powers, duties, quali fications and terms thereof; to provide for eligibility for nomination or election as a Justice of the Supreme Court, Judge of the Court of Appeals or Judge of the Superior Court and to provide for the retirement of justices and judges?"

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

Those voting in the affirmative were Senators

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th
Doss Fincher
Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy
Kidd Langford
Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Timmons Traylor Turner Tysinger Warren Young

Voting in the negative were Senators:

Barnes Dean of 31st

Eldridge Sutton

Thompson

Not voting was Senator Duncan.

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329

On the adoption of the resolution, the yeas were 50, nays 5.

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

HB 18. By Representatives Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
Senate Sponsor: Senator Holloway of the 12th.
A bill relating to reenactment and re-establishment of a PAIR Plan to make essential property insurance available to all qualified ap plicants; to provide for an underwriting association of property insurers; to enable insurers to become eligible for federal reinsurance; to provide for a Riot Reinsurance Reimbursement Fund.
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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 31st

Pearce

Starr

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

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

SR 36. By Senators Holloway of the 12th, Reynolds of the 48th and Dean of the 31st:
A resolution creating a special Study Commission to inquire into and propose solutions to all matters related to a potential fluctuation of State gasoline tax revenues; to provide for appointments to the Com mission; to prescribe the duties of the Commission; to provide for the dissolution of the Commission.

Senators Kidd of the 25th and Holloway of the 12th offered the following amendment:
Amend SR 36 by adding the words, "not later than" on line 15, Page 1, after the word "shall" and before the word "December";
And by striking the word "on" on Page 1, line 15.

On the adoption of the amendment, the yeas were 41, 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 Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher
Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford
Lester Lewis McDowell McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Ty singer Warren Young

Voting in the negative was Senator McDuffie.

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331

Those not voting were Senators:

Banks

Starr

Tate

On the adoption of the resolution, the yeas were 52, nays 1.

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

HB 47. By Representatives Egan of the 25th and Murphy of the 18th:
Senate Sponsor: Senator Overby of the 49th.
A bill providing an additional method for the exercise of the power of the eminent domain before a special master so as to change the com pensation of the special master.

Senator Kidd of the 25th offered the following amendment:
Amend HB 47 by changing on line 25 the amount "250.00" to "150.00".

On the adoption of the amendment, the yeas were 42, nays 1, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond
Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 31st Doss Fincher Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th
Hill Holley Holloway Howard
Hudgins Hudson
Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Thompson Timmons Traylor Tysinger Warren Young

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Voting in the negative were Senators Eldridge and Sutton.

Those not voting were Senators:

Banks Barker Dean of 6th

Duncan Starr

Tate Turner

On the passage of the bill, the yeas were 47, nays 2.

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

Senator Holloway of the 12th introduced as Doctor of the Day, Dr. W. Carl Gordon, Jr., of Albany, Georgia.

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

SB 106. By Senators Lester of the 23rd, Riley of the 1st, Holley of the 22nd and others:
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.

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 Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd

Langford
Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard

TUESDAY, FEBRUARY 11, 1975

333

Starr Stephens
Stumbaugh Summers

Sutton Thompson
Timmons Traylor

Turner Tysinger
Warren Young

Voting in the negative was Senator Coverdell.

Those not voting were Senators:

Barnes

Hill

Duncan

Tate

On the passage of the bill, the yeas were 51, nays 1.

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

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow at 11:30 o'clock A.M.

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Senate Chamber, Atlanta, Georgia Wednesday, February 12, 1975

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Young of the 13th reported that the journal of yesterday's 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, Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 229. By Representative Snow of the 1st: A bill to amend an Act placing the Clerk of the Superior Court of Dade County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to the compensation of the
deputy clerk.
HB 233. By Representative Harris of the 60th: A bill to provide for a new Charter for the City of Sugar Hill; to provide for the incorporation of said City; to provide for corporate boundaries.
HB 242. By Representative Harris of the 60th: A bill to provide a new Charter for the City of Berkeley Lake; to provide for the incorporation of said city; to provide for corporate boundaries.
HB 330. By Representative Shanahan of the 7th: A bill to amend an Act placing the Clerk of the Superior Court and Judge of the Probate Court (formerly Ordinary) of Gordon County upon an annual salary so as to change the provisions relative to the compensation of said officers.
HB 331. By Representative 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

WEDNESDAY, FEBRUARY 12, 1975

335

an annual salary so as to change the provisions relative to the com pensation of said officer.

HB 332. By Representative Shanahan of the 7th:
A bill to amend an Act placing the Sheriff of Gordon County upon an annual salary so as to change the provisions relative to the compensa tion of the sheriff.

HB 333. By Representative Shanahan of the 7th:
A bill to amend an Act providing for the office of Commissioner of Gordon County so as to change the provisions relative to the compensa tion of said commissioner.

HB 343. By Representative Baugh of the 108th:
A bill to amend an Act placing the Sheriff of Wilkinson County on an annual salary so as to change the compensation of the sheriff.

HB 344. By Representative Baugh of the 108th:
A bill to amend an Act creating the office of Tax Commissioner of Wilkinson County so as to change the compensation of the clerical assistant to the Tax Commissioner.

HB 345. By Representative Baugh of the 108th:
A bill to provide that the tax liability for each ad valorem property taxpayer within Wilkinson County shall, as a minimum, be not less than the sum of $1.00.

HB 346. By Representatives Triplett of the 128th, Jones of the 126th, Chance of the 129th and others:
A bill to amend an Act incorporating the City of Port Wentworth so as to extend the corporate limits of said city and annex and incorporate certain additional land into said city.

HB 299. By Representatives Davis, Tolbert and Ray of the 56th and others:
A bill to amend Code Chapter 32-9, relating to county board of educa tion, so as to provide for certain qualifications of members of the county boards of education of certain counties.

HB 361. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act placing the county officers of McDuffie County upon an annual salary so as to provide a housing and utility allowance for the sheriff.

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JOURNAL OF THE SENATE,

HB 363. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend an Act creating the McDuffie County Small Claims Court so as to change certain of the costs prescribed for various pro ceedings in said court.

HB 352. By Representatives Carter of the 146th, Matthews of the 145th, Patten of the 146th and others:
A bill to amend an Act creating the Georgia Agrirama Development Authority so as to enlarge the membership.

HB 13. By Representatives Snow of the 1st, Sams of the 90th, Karrh of the 106th and Irvin of the 23rd:
A bill to amend an Act comprehensively revising appellate and other post trial procedure so as to provide for interlocutory appeals upon petition to the Supreme Court or Court of Appeals; to prescribe the procedure for such appeals.

HB 31. By Representatives Burruss of the 21st, Shanahan of the 7th and Ross of the 76th:
A bill to create the Georgia Municipal Electric Authority as an institu tion of purely public charity performing an essential governmental function; to authorize the Authority, as sole owner or governmental function; to authorize the Authority, as sole owner or in common with others, to acquire, construct, improve, equip, alter, repair, operate, and " maintain public projects embracing generation and transmission of electric power and energy.

HB 39. By Representatives Jordan of the 58th, Russell of the 53rd, Davis of the 56th 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, department or agency head must be introduced in the General Assembly during the first ten days of any session thereof.

HB 53. By Representative Lane of the 40th: A bill to create a State Boxing Commission.

HB 134. By Representative Alexander of the 38th:
A bill to amend an Act revising the adoption laws so as to provide that an adopted child may take by inheritance from relatives of the adopting parents.

HB 246. By Representative Ham of the 80th:
A bill to repeal Code Section 53-314 and 53-315 of the Code of Georgia of 1933 relating to the duty of the Attorney General to institute criminal

WEDNESDAY, FEBRUARY 12, 1975

337

proceedings under certain circumstances against the parents of a racially mixed marriage.

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

HR 89. By Representatives Buck of the 95th, Phillips of the 91st, Berry of the 94th and others:
A resolution proposing an amendment to the Georgia Constitution so as to provide that the Council of the Consolidated Government of Columbus, Georgia shall provide by ordinance for the method of selec tion and appointment of members of the Muscogee County Airport Commission, and may amend such ordinance from time to time as said Council may deem proper.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 235. By Senator Kidd of the 25th:
A bill to provide that each department, board, bureau, agency or com mission of State government which employs certain physicians shall purchase certain policies of insurance; to provide for the practices, procedures, conditions and requirements in connection therewith. Referred to Committee on Human Resources.

SB 236. By Senator Kidd of the 25th:
A bill to amend an Act creating the Board of Funeral Service and regulating the practice of embalming and funeral directing, as amended, so as to provide that apprentice service as a requirement for licensing may be earned on a part-time basis; to provide an effective date. Referred to Committee on Human Resources.

SB 237. By Senators Lester of the 23rd and Overby of the 49th:
A bill to amend Code Section 59-705, relating to the challenge of jurors for favor, as amended, so as to provide for voir dire examinations and the practice and procedure connected therewith; to provide for other matters relative to the foregoing. Referred to Committee on Judiciary.

SB 238. By Senators McDowell 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 180,000 and not more than 190,000 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

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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 County and Urban Affairs.

SB 239. By Senators Traylor of the 3rd, Dean of the 6th and Gillis of the 20th:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Game and Fish Commission, to game and fish, and to wildlife, so as to repeal certain provisions requiring that oysters sold in the shell in Georgia shall be measured in certain circular tubs and providing standards for such tubs and requiring brands.
Referred to Committee on Natural Resources and Environmental Quality.

SB 240. By Senators Dean 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 compensa tion ; to fix the terms of court. Referred to Committee on Judiciary.

SB 241. By Senators Gillis of the 20th, McGill of the 24th, Fincher of the 54th and others:
A bill to amend Code Section 95A-960, relating to the enforcement of load limitations for highways, so as to change the schedule for paying damages to the State for overweight vehicles. Referred to Committee on Transportation.

SB 242. By Senators Dean of the 31st and Duncan of the 30th:
A bill to amend an Act known as the "Georgia Retailer's and Con sumers' Sales and Use Tax Act", as amended, so as to exempt sales of tangible personal property and services to orphans' homes operated as nonprofit corporations from the taxes imposed by said Act; to provide an effective date. Referred to Committee on Banking, Finance and Insurance.
SB 243. By Senator Traylor of the 3rd:
A bill to provide for the compensation of judges of the State courts in certain counties of this State; to provide an effective date. Referred to Committee on County and Urban Affairs.
SB 244. By Senators Riley of the 1st and McDowell of the 2nd:
A bill to amend an Act entitled "An Act to make the Savannah Port Authority for the harbor and port of Savannah a body corporate and

WEDNESDAY, FEBRUARY 12, 1975

339

politic; to confer upon it certain powers, duties and jurisdiction; to authorize the City of Savannah to delegate to it lawful power, authority and function".
Referred to Committee on Transportation.

SB 245. By Senators Ballard of the 45th, Stephens of the 36th, Pearce of the 16th and others:
A bill to repeal Code Sections 54-108 through 54-115, Section 54-121, Sections 54-137 through 54-141, and Section 54-9911, all relating to the organization and operation of the State Board of Workmen's Com pensation; to amend Code Sections 54-117 and 54-9910; and to amend Code Title 114, relating to workmen's compensation, as amended.
Referred to Committee on Industry, Labor and Tourism.

SB 246. By Senator Warren of the 43rd:
A bill to amend an Act making certain practices of real estate brokers unlawful, so as to provide that certain solicitation activities of real estate brokers, real estate salesmen or their agents shall be unlawful; to provide penalties. Referred to Committee on Consumer Affairs.

SB 247. By Senators Warren of the 43'rd, Kidd of the 25th and Riley of the 1st:
A bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, as amended, so as to change the provisions relative to the interest that may be charged on the principal amount of the loan. Referred to Committee on Banking, Finance and Insurance.

SB 248. By Senators Warren of the 43rd, Stumbaugh of the 55th and Starr of the 44th:
A bill to provide requirements relative to certain types of warehouses or storage spaces; to provide for a short title; to provide for definitions and for certain exclusions from the provisions of this Act; to provide for certain required information and for the execution of a certain document under oath.
Referred to Committee on Industry, Labor and Tourism.

SB 249. By Senator Starr of the 44th:
A bill to define the grounds for termination of the contracts of Teachers, principals and other employees having a contract for a definite term; to prescribe the procedures therefor; to provide for counsel; to define the requirements for subpoenas, hearings, findings, oaths of witnesses, evidence, burden of proof, decisions and appeals.
Referred to Committee on Education.

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JOURNAL OF THE SENATE,

SR 67. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to provide that bills need be read only two times in each House prior to passage; to provide for submission of this amendment for ratifica tion or rejection. Referred to Committee on Rules.

SR 68. By Senators Stumbaugh of the 55th, Carter of the 14th, Starr of the 44th and others:
A resolution creating the State School Readiness Testing Study Com mittee. Referred to Committee on Education.

SR 69. By Senators Riley of the 1st and Starr of the 44th:
A resolution relating to the World Food Crisis. Referred to Committee on Human Resources.

SR 71. By Senators Ballard of the 45th, Stephens of the 36th, Pearce of the 16th and others:
A resolution proposing an amendment to the Constitution, so as to provide for the establishment of a Subsequent Injury Workmen's Com pensation Trust Fund to be funded by monies derived from assessments levied against workmen's compensation insurance carriers and selfinsurers in this State and from other sources; to provide for the sub mission of this amendment for ratification or rejection.
Referred to Committee on Industry, Labor and Tourism.

SR 73. By Senators Thompson of the 32nd, Barnes of the 33rd, Hamilton of the 34th and others:
A resolution proposing an amendment to the Constitution, so as to change the terms of office of the members of the Public Service Com mission ; to provide for the submission of this amendment for rati fication or rejection.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

The following bills and resolution of the House were read the first time and referred to committees:
HB 13. By Messrs. Snow of the 1st, Sams of the 90th, Karrh of the 106th, and Irvin of the 23rd:
A bill to amend an Act comprehensively revising appellate and other post trial procedure so as to provide for interlocutory appeals upon petition to the Supreme Court or Court of Appeals; to prescribe the procedure for such appeals. Referred to Committee on Judiciary.

WEDNESDAY, FEBRUARY 12, 1975

341

HB 31. By Messrs. Burruss of the 21st, Shanahan of the 7th, and Ross of the 76th:
A bill to create the Georgia Municipal Electric Authority as an institu tion of purely public charity performing an essential governmental function; to authorize the Authority, as sole owner or in common with others, to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects embracing generation and transmission of electric power and energy.
Referred to Committee on Public Utilities.

HB 39. By Messrs. Jordan of the 58th, Russell of the 53rd, Davis of the 56th 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, department or agency head must be introduced in the General Assembly during the first ten days of any session thereof.
Referred to Committee on Rules.

HB 53. By Mr. Lane of the 40th:
A bill to create a State Boxing Commission. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.
HB 134. By Mr. Alexander of the 38th:
A bill to amend an Act revising the adoption laws, so as to provide that an adopted child may take by inheritance from relatives of the adopting parents. Referred to Committee on Judiciary.

HB 246. By Mr. Ham of the 80th:
A bill to repeal Code Section 53-314 and 53-315 of the Code of Georgia of 1933 relating to the duty of the Attorney General to institute criminal proceedings under certain circumstances against the parents of a racially mixed marriage. Referred to Committee on Judiciary.

HB 352. By Messrs. Carter of the 146th, Matthews of the 145th, Patten of the 146th and others:
A bill to amend an Act creating the Georgia Agrirama Development Authority so as to enlarge the membership. Referred to Committee on Agriculture.

HB 229. By Mr. Snow of the 1st: A bill to amend an Act placing the Clerk of the Superior Court of

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JOURNAL OF THE SENATE,

Dade County on an annual salary in lieu of the fee system of compen sation so as to change the provisions relating to the compensation of the deputy clerk.
Referred to Committee on County and Urban Affairs.

HB 233. By Mr. Harris of the 60th:
A bill to provide a new Charter for the City of Sugar Hill; to provide for the incorporation of said City; to provide for corporate boundaries. Referred to Committee on County and Urban Affairs.

HB 242. By Mr. Harris of the 60th:
A bill to provide a new Charter for the City of Berkeley Lake; to pro vide for the incorporation of said city; to provide for corporate bound aries. Referred to Committee on County and Urban Affairs.

HB 299. By Messrs. Davis, Tolbert and Ray of the 56th and others:
A bill to amend Code Chapter 32-9, relating to county boards of education, so as to provide for certain qualifications of members of the county boards of education of certain counties (population 400,000500,000). Referred to Committee on County and Urban Affairs.

HB 330. By Mr. Shanahan of the 7th:
A bill to amend an Act placing the Clerk of the Superior Court and Judge of the Probate Court (formerly Ordinary) of Gordon County upon an annual salary so as to change the provisions relative to the compensation of said officers. Referred to Committee on County and Urban Affairs.

HB 331. 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 com pensation of said officer. Referred to Committee on County and Urban Affairs.

HB 332. By Mr. Shanahan of the 7th:
A bill to amend an Act placing the Sheriff of Gordon County upon an annual salary so as to change the provisions relative to the compensa tion of the sheriff. Referred to Committee on County and Urban Affairs.

WEDNESDAY, FEBRUARY 12, 1975

343

HB 333. By Mr. Shanahan of the 7th:
A bill to amend an Act providing for the office of Commissioner of Gordon County so as to change the provisions relative to the com pensation of said commissioner. Referred to Committee on County and Urban Affairs.

HB 343. By Mr. Baugh of the 108th:
A b'ill to amend an Act placing the Sheriff of Wilkinson County on an annual salary so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 344. By Mr. Baugh of the 108th:
A bill to amend an Act creating the office of Tax Commissioner of Wilkinson County so as to change the compensation of the clerical as sistant to the Tax Commissioner. Referred to Committee on County and Urban Affairs.

HB 345. By Mr. Baugh of the 108th:
A bill to provide that the tax liability for each ad valorem property taxpayer within Wilkinson County shall, as a minimum, be not less than the sum of $1.00. Referred to Committee on County and Urban Affairs.

HB 346. By Messrs. Triplett of the 128th, Jones of the 126th, Chance of the 129th and others:
A bill to amend an Act incorporating the City of Port Wentworth 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 361. By Messrs. Evans of the 84th and Owens of the 77th:
A bill to amend an Act placing the county officers of McDuffie County upon an annual salary so as to provide a housing and utility allowance for the sheriff. Referred to Committee on County and Urban Affairs.

HB 363. By Messrs. Evans of the 84th and Owens of the 77th:
A bill to amend an Act creating the McDuffie County Small Claims Court so as to change certain of the costs prescribed for various pro ceedings in said court. Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HR 89. By Messrs. Buck of the 95th, Phillips of the 91st, Berry of the 94th and others:
A resolution proposing an amendment to the Georgia Constitution so as to provide that the Council of the Consolidated Government of Columbus, Ga. shall provide by ordinance for the method of selection and appointment of members of the Muscogee County Airport Com mission, and may amend such ordinance from time to time as said Council may deem proper.
Referred to Committee on County and Urban Affairs.

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

Senator Garrard of the 37th 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 143. Do pass. SB 155. Do pass. SB 157. Do pass.
Respectfully submitted, Garrard of 37th District, Chairman.

Senator Garrard of the 37th 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 recommendations:
SB 158. Do pass. SB 171. Do pass. HB 137. Do pass. HB 189. Do pass. HB 205. Do pass. HB 225. Do pass.

WEDNESDAY, FEBRUARY 12, 1975

345

HB 273. Do pass. HB 278. Do pass. HB 279. Do pass. HB 305. Do pass. HB 320. Do pass. HR 59. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Hudgins of the 15th District, Chairman of the Committee on De fense and Veterans Affairs, submitted the following report:
Mr. President:
Your Committee on Defense and Veterans Affairs has had under considera tion the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 167. Do pass. SB 168. Do pass.
Respectfully submitted, Hudgins of 15th District, Chairman.

Senator Lester of the 23rd 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 of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 82. Do pass. SB 91. Do not pass. SB 109. Do pass.
Respectfully submitted, Lester of 23rd District, Chairman.

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

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JOURNAL OF THE SENATE,

SB 57. By Senator Duncan of the 30th:
A bill to amend an Act known as the "Adequate Program for Educa tion in Georgia Act", approved Mar. 26, 1974 (Ga. Laws 1974, p. 1045), so as to change the provisions relative to funds to pay the ex penses of pupil transportation; to provide that funds shall be paid to independent school systems only when the local boards of such sys tems request such funds; to provide the procedures connected there with.

SB 61. By Senators Traylor of the 3rd, Lewis of the 21st, Turner of the 8th and others:
A bill to amend Code Section 95A-302, relating to powers and duties of the Department of Transportation, as amended, so as to provide for certain warning devices and restrictive devices on drawbridges in this State; to provide for minimum safety standards.

SB 66. By Senator Sutton of the 9th:
A bill to amend an Act creating the Georgia Agrirama Development Authority, approved April 7, 1972 (Ga. Laws 1972, p. 1161), so as to provide the power of eminent domain over real, personal or mixed property, whether held privately or by a public service corporation.

SB 83. By Senator Reynolds of the 48th:
A bill to amend Georgia Code Title 68A "The Uniform Rules of the Road"; to prescribe speed restrictions for any street roadway, or high way of this State; to provide a basic rule; to provide for maximum speed limits; to provide for the establishment of State speed zones.

SB 99. By Senator Dean of the 31st:
A bill to amend Code Chapter 84-5, relating to the regulation of Chiro practic and the Board of Chiropractic Examiners, as amended, so as to change the compensation of the members of the board; to change certain license fees.

SB 107. By Senators Langford of the 51st, Starr of the 44th and Howard of the 42nd:
A bill to amend the "Georgia Criminal Justice Act", approved April 8, 1968 (Ga. Laws 1968, p. 999), so as to create the Georgia Criminal Justice Council; to provide for membership of the Council, their qual ifications, appointment, election, compensation, expenses, terms of of fice, succession, duties, powers, purposes, authority and responsibilities; to provide for the allocation of expenses and costs; to provide for representation in State and federal courts.

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347

SB 125. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A bill to amend Code Section 57-101, relating to the legal rate of interest, so as to change the legal rate of interest allowable by con tract; to authorize a lender to charge a service fee on any loan in addition to interest; to provide an effective date.

SB 126. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A bill to amend Code Section 57-116, relating to the legal rate of interest on loans repayable in monthly quarterly or yearly installments, as amended by an Act approved March 31, 1937 (Ga. Laws 1937, p. 463), so as to change the legal rate of interest on such loans; to authorize lenders to charge a service fee on such loans in addition to interest.

SB 129. By Senator Kidd of the 25th:
A bill to amend Code Title 56, relating to the regulation of the insurance industry, as amended, so as to provide that no group policy of accident and sickness insurance offered for sale in this State shall be issued or renewed after the effective date of this Act by any insurer or hospital service non-profit corporation (Chapter 56-17) or medical service non profit corporation (Chapter 56-18) transacting business in this State.

SB 132. By Senators Summers of the 53rd, Langford of the 51st, Fincher of the 54th and others:
A bill to amend Code Chapter 85-4, relating to obtaining title to property by prescription, so as to provide an additional method for ob taining good title to property by adverse possession in regard to cer tain classes of property; to provide the procedures connected therewith; to provide for all matters relative to the foregoing.

SB 137. By Senator Barnes of the 33rd:
A bill to authorize the Attorney General and the District Attorneys of Georgia, upon approval of a Superior Court Judge, to grant immunity from prosecution in criminal proceedings; to provide that the immunity from prosecution does not cover perjury or contempt committed while giving evidence.

SB 160. By Senators Bell of the 5th, Tysinger of the 41st, Howard of the 42nd and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965 (Ga. Laws 1965, p. 2243) as amended, so as to change the membership of the Board of Directors of the Authority; to provide for terms of office.

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SR 31. By Senators Shapard of the 28th, Foster of the 50th, Banks of the 17th and Hudson of the 35th:
A resolution proposing an amendment to the Constitution so as to provide that the salary and allowances of the members of the General Assembly shall not be increased during the term to which they are elected; to provide for the submission of this amendment for ratifica tion or rejection.

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 87. By Senator Kennedy of the 4th:
A bill to amend an Act fixing the terms of the Superior Court of Evans County, so as to change the provisions relative to such terms.

The report 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 94. By Senators Riley of the 1st, McDowell of the 2nd and Traylor of the 3rd: A bill to confer the power of eminent domain upon the Mayor and Aldermen of the City of Savannah for the purpose of acquiring and constructing electric and gas systems; to provide the procedures con nected 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 43, nays 0.

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

SB 112. By Senator Lester of the 23rd:
A bill to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County.

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

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349

On the passage of the bill, the ayes were 43, nays 0.

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

SB 117. By Senator Summers of the 53rd:
A bill to amend an Act incorporating the Town of Trion in the County of Chattooga, as amended, so as to provide for increasing the length of the terms of the mayor, recorder and five members of the town council as the governing body of the Town of Trion.

The report 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 140. By Senator Traylor of the 3rd:
A bill to prohibit elected officers of certain counties from holding a municipal office; to prohibit elected municipal officers in said counties from holding a county office; to provide for other matters relative thereto; to provide for intent; 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 153. By Senator Foster of the 50th: A bill to amend an Act creating the Mountain Judicial Circuit,, as amended, so as to change the terms of court for certain counties com prising said circuit; 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.

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JOURNAL OF THE SENATE,

SB 154. By Senator Riley of the 1st:
A bill to abolish the governmental and corporate functions of the mayor and Aldermen of the City of Savannah and the governmental and corporate functions of the Commissioners of Chatham County, pursuant to Constitutional power granted by an amendment to Article XI, Section I, Paragraph VII of the Constitution of Georgia of 1945, 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, the ayes were 43, nays 0.

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

HB 175. By Mr. Bray of the 70th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Ordinary and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the Clerk of the Superior Court 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 43, nays 0.

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

HB 187. By Messrs. Beck of the 148th, Patten of the 149th, and Reaves of the 147th:
A bill to provide for a board of elections in certain counties (population 55,110-56,000) ; to define its powers and duties concerning primaries and elections.

The report 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.

WEDNESDAY, FEBRUARY 12, 1975

351

HB 199. By Mr. Howell of the 140th:
A bill to amend an Act creating the Board of Commissioners of Miller County so as to provide that the Clerk of the Superior Court shall not serve as the Clerk 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 200. By Mr. Howell of the 140th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Miller County, known as the fee system; to provide in lieu thereof an annual salary for such 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 201. By Mr. Howell of the 140th:
A bill to amend an Act creating the State Court of Miller County so as to place the solicitor of said court upon 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 202. By Mr. Howell of the 140th:
A bill to amend an Act placing the sheriff of Miller 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.

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JOURNAL OF 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 204. By Messrs. Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act establishing a new Charter for the City of Louisville so as to change the qualifying fees of candidates for Mayor and Councilman.

The report 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 212. By Mr. Bray of the 70th: A bill to create the Meriwether 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 43, nays 0.

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

HB 141. By Messrs. Kilgore of the 65th, and Glanton and Parkman of the 66th: A bill to amend an Act creating the Board of Commissioners of Douglas County so as to increase the number of members of the Board of Com missioners.
The report 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 142. By Messrs. Kilgore of the 65th, and Glanton and Parkman of the 66th: A bill to amend an Act creating the Board of Commissioners of Douglas

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353

County so as to provide for the recall of 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 43, nays 0.

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

HB 143. By Messrs. Kilgore of the 65th, and Glanton and Parkman of the 66th:
A bill to amend an Act creating the Board of Commissioners of Douglas County so as to change the method and procedures for filling vacancies in the membership 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 238. By Messrs. Baugh of the 108th and Parham of the 109th:
A bill to amend an Act creating a new Charter for the City of Milledgeville so as to change the corporate limits.

The report 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 240. By Messrs. Long of the 142nd and Cox of the 141st:
A bill to amend an Act incorporating the city of Cairo so as to change the date of the municipal election; to provide for runoff elec tions.

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

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On the passage of the bill, the ayes were 43, nays 0.

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

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

HR 27. By Messrs. Kilgore of the 65th and Glanton and Parkman of the 66th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the recall of the Clerk of the Superior Court, the Judge of the Probate Court, the Sheriff, the Tax Commissioner, and the Coroner of Douglas County, or any member of the Douglas County Board of Education; 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 XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"The Clerk of the Superior Court, Judge of the Probate Court, Sheriff, Tax Commissioner, or Coroner of Douglas County, or any member of the Douglas County Board of Education shall be subject to recall at any time after their election or appointment upon peti tion in writing. The petition for such recall election shall be signed by not less than 30 percent of the registered voters of the County who are registered to vote on the date the notice required by this paragraph is given to the Judge of the Probate Court. The persons sponsoring such petition shall address such petition to the Judge of the Probate Court, petitioning him to call for a special election to submit the question of whether any such official shall be re called. Prior to obtaining any signatures on any such petition, a blank copy of the proposed petition shall be submitted to the Judge of the Probate Court of Douglas County with a notice that a petition is to be circulated seeking the signatures for a special election for the recall of one of the above named officials. The petition shall be submitted to the Judge or, the Probate Court with the required signatures within 45 days following the date on which the notice of the proposed petition is givdn to the Judge of the Probate Court. If such petition is not submitted within the 45-day time limit, it shall be void and of no force or effect. Upon submis sion of the petition to the Judge of the Probate Court it shall be the duty of the Judge to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. Such determinations shall be made by the Judge within 15 days following the date on which the petition is submitted to the Judge. In the event he determines that the petition is in order, it

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355

shall be the duty of the Judge of the Probate Court to issue the call for an election, and such call shall be issued within 5 days
following the date that he determines that the petition is in order. He shall set the date of the election for not less than 30 nor more than 45 days following the issuance of the call. It shall be his further duty to publish the date and purpose of such election once a week for 2 weeks immediately preceding the date thereof in the official organ of the County in which the Sheriff's advertisements appear. The ballot shall have written or printed thereon the fol lowing:

'( ) YES Shall (name of officeholder), (name of office) be ( ) NO recalled and removed from office?'
Those persons desiring to vote in favor of recall shall vote 'Yes' and those desiring to vote against recall shall vote 'No'. If a majority of those voting in such election vote in favor of recall, the office in question shall be vacated from the date of such recall election. If a majority of those voting vote against recall, the official shall remain in office. It shall be the duty of the Judge of the Probate Court to hold and conduct the election and to declare and certify the results. It shall be his further duty to certify the results to the Secretary of State. If a petition is denied as not having a sufficient number of signatures, or if a majority of those voting in a recall election vote against recall, no new peti tion shall be presented to the Judge of the Probate Court within 1 year from the date of the submission of the previous petition. Vacancies created by recall shall be filled in the same manner as otherwise provided by law for the filling of vacancies in the office concerned. Any person who is recalled from office under the pro visions of this paragraph shall be eligible to fill the vacancy created by such recall."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

" ( ) YES Shall the Constitution be amended so as to pro vide for a procedure for the recall of the Clerk
( ) NO of the Superior Court, Judge of the Probate Court, Sheriff, Tax Commissioner, Coroner or members of the Board of Education of Douglas
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.

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JOURNAL OF THE SENATE,

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes
Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Dunean Eldridge Fincher Foster Garrard

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Bell Dean of 6th Dean of 31st

Gillis Hill McDuffie

Tate Traylor

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.

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

Ballard Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th
Carter Coverdell
Doss

Duncan Eldridge Fincher Foster Garrard Hamilton of 26th Hamilton of 34th
Holley Holloway Howard Hudgins

Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

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357

Riley Robinson Russell Shapard Starr Stephens

Stumbaugh Summers Sutton Thompson Timmons

Traylor Turner Tysinger Warren Young

Those not answering were Senators:

Bell Dean of 6th Dean of 31st

Gillis Hill

McDuffie Tate

Senator Duncan of the 30th introduced as chaplain Dr. Robert White, pastor, Tabernacle Baptist Church, Carrollton, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 70. By Senators Kennedy of the 4th, Gillis of the 20th and Lewis of the 21st:
A resolution commending Honorable Hines L. Brantley.

SR 72. By Senator Thompson of the 32nd: A resolution commending Mr. Jack Woodall.

SR 74. By Senators Doss of the 52nd and Carter of the 14th: A resolution relative to National Vocational Education Week.

SR 75. By Senators Foster of the 50th, Carter of the 14th, Hudgins of the 15th and others:
A resolution in recognition of the outstanding service rendered to the people of Georgia by Dr. Claude Purcell.
SENATE CALENDAR
Wednesday, February 12, 1975
SB 45. Vehicle Transporting Portable Buildings--change provisions (SUB)
SR 39. Handicapped Veteran--increase homestead exemption to $17,500
SB 29. Teachers' Retirement System--prior service credit SB 31. Dangerous Drug Samples--written records SB 32. Prescription Drugs--bear name of manufacturer

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SB 33. Georgia Health Code--provide for inspection warrants
SB 56. Drivers' License Cancellation--certain persons
SB 59. Probate Court Retirement Fund--Officers (AM)
SB 81. Recorded Material--prohibit certain reproductions
SB 88. Marijuana--unlawful to possess, sell
SB 89. Georgia Commission for Bicentennial Celebration-- membership (SUB)
SB 95. Properties Code--change physical features of property
SB 102. Teachers' Retirement--creditable service necessary for retirement (SUB)
SB 104. Incompetency Hearings--change fees
SB 110. Specific Device of Realty--death of testator
SB 116. Retirement, Pension and Emeritus Bills--require actuarial studies
SB 118. Certain Wartime Veterans--free auto license tag
SB 120. Teachers' Retirement Board of Trustees--composition
SB 121. Revenue Department--legal services by Attorney General
SB 123. Soil Conservation Committee-Attorney General provide legal services
SB 124. Muscogee County Juvenile Court Judge--compensation
SB 127. Pharmacist--change qualifications of applicants for registration
SB 128. Sheltered Workshops--Human Resources Department-- surplus funds
SB 131. Personnel Board and Merit System--revise laws (SUB)
SR 25. New State Personnel Board--create
SR 34. Certain Disabled Veterans--increase homestead exemption
SR 42. Non-Profit Home for Aged--property ad valorem tax exempt
HB 10. Unlawful Practice of Law--change punishment
HB 12. Malpractice by Public Official--abolish unsworn statement
HB 75. Abuse of Government Office--unlawful to influence witness
HB 87. Real Estate Transferal Tax--not in divorce case
HR 67. Toxoplasmosis Disease--Human Resources participate in programs

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359

HR 96. College of Optometry--feasibility of SR 54. Amending Rules of the Senate

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

SB 45. By Senator Lewis of the 21st:
A bill to amend Code Section 95A-961, relating to permits for excess weight and dimension under the provisions of the Georgia Code of Public Transportation, so as to change certain provisions relating to vehicles transporting portable buildings; to provide an effective date.

The Senate Committee on Transportation offered the following substitute to SB 45:
A BILL TO BE ENTITLED AN ACT
To amend Code Section 95A-961, relating to permits for excess weight and dimension under the provisions of the Georgia Code of Public Transportation, so as to change certain provisions relating to vehicles transporting portable buildings on certain highways; 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 permits for excess weight and dimension under the provisions of the Georgia Code of Public Transportation, is hereby amended by adding at the end of the first unnumbered paragraph of subsection (a) thereof the following:
"Provided further, vehicles transporting portable buildings on roads not a part of the National System of Interstate and Defense Highways, regardless of whether the nature of such buildings is such that can be readily dismantled or separated, may exceed the lengths and widths established herein provided that a special permit for such purposes has been issued as provided herein, and provided, further, that no such special permit shall be issued for a load exceeding twelve feet in width.",
so that when so amended subsection (a) of Code Section 95A-961 shall read as follows:
"(a) General. The Commissioner or the official of the Depart ment designated by the Commissioner may, in his discretion, upon application in writing and good cause being shown therefore, issue a permit in writing authorizing the applicant to operate or move upon the State's public roads a motor vehicle or combination of

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vehicles and loads whose weight, width, length, or height, or com
bination thereof, exceeds the maximum limit specified by law: Provided, that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated, and further provided that 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, except that aforesaid dismantling limitation shall not apply to loads of cotton, tobacco, concrete pipe, and plywood that do not exceed a width of nine feet and which are not moved on part of the National System of Interstate and Defense Highways. Provided further, vehicles transporting portable buildings on roads not a part of the National System of Interstate and Defense Highways, regardless of whether the nature of such buildings is such that can be readily dismantled or separated, may exceed the lengths and widths established herein provided that a special permit for such purposes has been issued as provided herein, and provided, further, that no such special permit shall be issued for a load exceeding twelve feet in width herein.

Permits may be issued on application to the Department to persons, firms or corporations without specifying license plate numbers in order that such permits which are issued on an annual basis may be interchanged from vehicle to vehicle. The Department is hereby authorized to promulgate reasonable rules and regulations which are necessary or desirable governing the issuance of such permits; provided such rules and regulations are not in conflict with the provisions of this Title and other provisions of law.

Every such permit shall be carried in the vehicle or combina tion of vehicles to which it refers and shall be open to inspection by any police officer or State Trooper or authorized agent of the Department.

The application for any such permit shall specifically describe the type of permit applied for, as said types of permits are described in subsection (c), and the application for a single trip permit in addition shall describe the points of departure and destination.

The Commissioner or the official of the Department designated by the Commissioner is authorized to withhold such permit, or, if such permit is issued, to establish seasonal or other time limitation within which the vehicles described may be operated on the public roadl indicated, or otherwise to limit or prescribe conditions of operation of such vehicle, when necessary to assure against undue damage to the road foundation, surfaces or bridge structures, and require such undertaking or other security as may be deemed necessary to compensate the State for any injury to any roadway or bridge structure.

For just cause, including, but not limited to, repeated and consistent past violations, the Commissioner or an official of the Department designated by the Commissioner, may refuse to issue,

WEDNESDAY, FEBRUARY 12, 1975

361

or may cancel, suspend, or revoke the permit of an applicant or permittee."

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 yeas were 37, nays 0, 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 affirmative were Senators:

Ballard Barker Barnes Bond Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Hamilton of 26th

Hamilton of 34th
Hill Holley Holloway Howard Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Bell Dean of 6th

Gillis Hudson

Langford Tate

On the passage of the bill, the yeas were 49, nays 0.

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

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JOURNAL OF THE SENATE,

SB 29. By Senator Duncan of the 30th:
A bill to amend an Act creating a Retirement System for Teachers, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide additional circumstances under which members of the System may establish prior service credit.

The following fiscal note, as required by law, was read by the Secretary:

TEACHERS RETIREMENT SYSTEM STATE OF GEORGIA
254 Washington Street, S.W., Phone 656-2954 Atlanta, Georgia 30334

January 20, 1975

MEMORANDUM

TO:

Honorable Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia

SUBJECT: Senate Bill 29

This bill will permit members of the Teachers Retirement System who withdrew contributions from the Employees Retirement System to repay those contributions and re-establish the service represented by the contributions withdrawn if they have not withdrawn their contri butions more than twice after January 1, 1961. The present Teachers Retirement Law permits members to repay only one withdrawal from the Employees Retirement System.

We feel that the number of members who would be able to re establish forfeited service under this bill would be very few and, there fore, the additional cost would be insignificant. Since the cost to the retirement system would be quite small, we would not ask an increase in our employer contributions 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Brantley

Broun of 46th Brown of 47th Carter Coverdell

Dean of 31st Doss Duncan Eldridge

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363

Foster Garrard Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Kennedy Kidd

Lester Lewis McDowell McGill Overby Reynolds Riley Robinson Russell Shapard Starr

Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Bell Bond Dean of 6th

Fincher Gillis Hudson Langford

McDuffie Pearce Tate

On the passage of the bill, the yeas were 45, nays 0.

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

Senator Kidd of the 25th introduced as Doctor of the Day, Dr. Rose Ann R. Weaver of Madison, Georgia.

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

SB 31. By Senator Fincher of the 54th:
A bill to amend Code Section 79A-703, relating to the illegal selling, giving away, bartering, exchanging, distribution or possession of dangerous drugs as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 948), so as to provide certain conditions relative to the distribution of dangerous drugs by a manufacturer's sales representa tive to a practitioner.

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:

Banks Barker Barnes

Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell

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Dean of 31st Doss Duncan Eldridge Fincher Poster Garrard Hamilton of 26th Hamilton of 34th Hill Holley
Holloway Howard Hudgins

Hudson Kennedy Kidd Langford . Lester Lewis McDowell McGill Overby Pearce Reynolds
Eiley Robinson Russell

Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger
Warren Young

Those not voting were Senators:

Ballard Bell

Dean of 6th Gillis

McDuffie Tate

On the passage of the bill, the yeas were 50, nays 0.

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

SB 32. By Senator Fincher of the 54th:
A bill to amend Code Chapter 79A-10, known as the "Georgia Drug and Cosmetic Act", so as to provide additional requirements for the labeling of certain drugs; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy

Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson

WEDNESDAY, FEBRUARY 12, 1975

365

Russell Shapard Starr Stephens
Stumbaugh

Summers Sutton Tate Timmons

Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Bell Broun of 46th

Dean of 6th Fincher

Thompson Traylor

On the passage of the bill, the yeas were 49, nays 0.

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

SB 33. By Senator Fincher of the 54th:
A bill to amend Code Title 88, the Georgia Health Code, as amended; to provide for inspection warrants; to provide for definitions; to provide for practices and procedures in connection with the issuance and execution of inspection warrants; to provide an effective date; to provide for severability.

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:

Banks Barker Barnes Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Lester Lewis McGill Overby Reynolds

Riley Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren

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Voting in the negative were Senators:

Ballard Hudgins McDowell

Pearce Robinson

Timmons Young

Those not voting were Senators :

Bell Bond

Dean of 6th Langford

McDuffie

On the passage of the bill, the yeas were 44, nays 7.

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

SB 56. By Senator Barker of the 18th:
A bill to amend an Act creating the Department of Public Safety for Georgia, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to require the court to suspend, revoke or cancel the driver's license of a person who is convicted, pleads guilty, or forfeits bonds for certain offenses.

Senator Hudgins of the 15th moved that SB 56 be tabled.

On the motion, the yeas were 40, nays 1; 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 the requisite constitutional majority the following bill of the House, to-wit:

HB 412. By Representatives Patten and Carter of the 146th:
A bill to provide for the appointment of the Berrien County School Superintendent; to provide for a referendum.

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

SB 59. By Senator Kidd of the 25th:
A bill to amend an Act providing for retirement benefits for the Judges of the Probate Courts (formerly known as the Ordinaries), ap-

WEDNESDAY, FEBRUARY 12, 1975

367

proved March 21, 1958 (Ga. Laws 1958, p. 185), as amended, so as to change the provisions relating tq the office of Secretary-Treasurer of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia.

The following fiscal letter, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol

Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

DATE:

January 30, 1975

SUBJECT: Fiscal Note--Senate Bill 59

Please find attached copy of portion of report from Martin E. Segal Company and as stated by them this Amendment would not render the Retirement Fund actuarially unsound.

/s/ E. B. Davis State Auditor
/s/ James T. Mclntyre State Planning & Budget Officer

MARTIN E. SEGAL COMPANY Consultants and Actuaries 229 Peachtree Street, N.E. Atlanta, Ga. 30303 (404) 659-1530
January 27, 1975

Board of Commissioners Judges of Probate Courts Retirement Fund of Georgia P. 0. Box 1444 Dalton, Georgia 30720
Gentlemen:

This is to certify that we have made an actuarial valuation of the Retirement Fund as of June 30, 1974 and found it to be in sound actu arial condition.

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JOURNAL OP THE SENATE,

We have examined the effect of Senate Bill Number 59, as proposed to the current session of the ^Legislature of the State of Georgia, which would amend the Georgia Code in several instances as it affects the Retirement Fund.

On the basis of our actuarial valuation of the Retirement Fund as of June 30, 1974 we are of the opinion (1) that any or all of the pro visions of the said bill can be financed within the current revenue structure of the Retirement Fund, under the applicable sections of the Georgia Code, on an actuarially sound basis and (2) that passage of the said bill will not render the Retirement Fund actuarially unsound.

Very truly yours,
Martin E. Segal Company
by: Robert C. Ochsner, A.S.A., M.A.A.A. Vice President and Actuary

SECTION IV

SUMMARY OF COSTS

Our summary of the actuarial cost position of the Fund, based on the considerations discussed in earlier sections of this report, are shown in Table 8. While these are mainly self-explanatory, we want to make several comments.

The Fund shows an actuarial surplus of slightly over $1 million as of June 30, 1974. This means that, if contributions ceased, all bene fits earned through that date could be paid for both retired and nonretired members.

Normal cost for the coming year is $144,600 as compared with net receipts of $205,500 for the prior year.

Both these facts, taken together, indicate that the fund is in a strong surplus position and that the surplus is expected to grow at present benefit and income levels.

We made separate calculations of the additional cost to the Fund if (a) all inactive members resumed full participation and paid full retroactive dues, and (b) all non-members were allowed to join without
retroactivity. The costs are as follows:

(a) Inactive members (b) Non-members

Additional Accrued Liability
$123,600
--

Additional Normal Cost
$11,500
36,900

These figures are estimated based on an average of $650 monthly earnings per Judge.

WEDNESDAY, FEBRUARY 12, 1975

369

Full application by all these would reduce the actuarial surplus to $887,600 and increase normal cost to $193,000. We think it is more likely, however, that one-half of the inactive members and non-members would join, since they have all been exposed to the values of the Fund and, in actuality or effect, declined them previously. This would decrease surplus to $949,400 and increase normal cost to $168,800.

The amounts of marriage license and fine/forfeiture income col lected in fiscal 1974 appear safe to use as a projection of future income. The Board, in its greater experience with these matters, may be able to project an increase in them.

Table 8
Summary of Costs as of June 30, 1974

Accrued Liability -- benefits to active members ....--..----. benefits to pensioners and future survivors --------- -- -- --benefits to present survivor of a deceased pensioner ,,__._._.._.....___. benefits to inactive members _____.,,__...,,
future refunds to active and inactive members becoming deceased ___,,________.____._______..-_____..__._,,_.__.

$1,029,200 419,200 5,900 15,600
63,500

Total .,,-----. $1^533,400 Assets .,,.__.....___.,,_.-_-..__-.,,...__-..,,____-.,,__-_...-_.___...__.....__-_.._.__-..___-.. 2,544,600

Excess of Assets over accrued liabilities --___----._--_-------- Normal cost for year beginning July 1, 1974 ____,,____...--___.._--
Receipts for fiscal year ended June 30, 1974: Dues (less allowance for future refunds) .__..-___.....,,_.._--. Fines and Forfeitures -.,,----,, -----Marriage Licenses, etc. ,,_......_..._.__.....,,-.__.__..-_.---_-.-_.--_.

$1,011,200 $144,600
$ 33,700 112,000 83,200

Total . .

-.

$228,900

Less: Expenses ___________.._.______._____._-___._._.________________-___.__-_.___-_-_ --$23,400

Net Receipts ._......_._...._....._. ""$205,500

SECTION V OTHER MATTERS

I. We have been asked to give a determination as to whether the following three legislative proposals may be adopted without rendering the Retirement Fund actuarially unsound.

(A) An amendment to permit eligible Judges who are not now members of the Retirement System and did not apply for membership within the 12 months period allowed by law, to become members with service credits and dues payments only after the date their application for membership is received by .the Secretary-Treasurer, and to allow future Judges who do not apply within said 12 month period to

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JOURNAL OF THE SENATE,

likewise become members thereafter under the same restric tions and conditions.

(B) To provide that the level of participation of the SecretaryTreasurer as to retirement benefits as a part of his com pensation be increased to the maximum benefits provided by law.
(C) To allow members who withdrew from the Retirement System after having qualified under then current law for benefits to commence drawing at age 65 or 63, who have not already commenced drawing retirement benefits at the time of the approval of the Act, to commence receiving benefits when they have reached age 60.

We understand that legislative proposals (B) and (C) affect one member each.

We have determined that adoption of the above three legislative proposals will not render the Retirement Fund actuarially unsound.

II. We have been asked to make a determination of the feasibility, desirability and actuarial soundness of an increase across the board in retirement benefits for both retired and unretired members and sur vivors. Based on our actuarial valuation as of June 30, 1974, we believe that an across the board increase of 20% will be actuarially sound, after allowing for the cost of legislative proposals (A), (B) and (C) dis cussed above. The combination of all of these would leave the Fund in the following actuarial position as of June 30, 1974:

Accrued liability--total _______.___.______..__________________,,__.____ $1,827,400 Assets ...^ .................... 2,544,600 Excess of assets over accrued liabilities .,,--...__......__. $717,200
Normal cost for year beginning July 1, 1974 ____,,_..____ $202,600 Net receipts for year ended June 30, 1974 ___...__....._.. 205,500

We have also been asked about the advisability of increasing the interest rate provided for on delinquent contributions in Georgia Code Section 24-1707A-(F) from 5% to 6% and the interest rate on dues refunded under Georgia Code Section 24-1711A-(B) from 3% to 6%. We believe these are separate issues. Interest charged on delinquent contributions represents a "lost opportunity cost" to the Fund. This is currently in excess of 7%. We believe that probably 7%%, and certainly at least 6%, should therefore be charged under Georgia Code Section 24-1707A-(F). Otherwise there is a tendency for members to delay con tributions due to the belief that they can obtain a higher yield else where and profit from the difference. In actual fact, most such con tributions will never be made and the member's benefits will suffer.

Under present law there exists the opportunity for a Judge of Probate Court to join the Fund but never contribute. At the point of retirement, he can then put in his back contributions plus interest and receive the contributions back in two years. The interest may very well

WEDNESDAY, FEBRUARY 12, 1975

371

be returned by the third year. We suggest a rule limiting the period for which retroactive contributions can be made, perhaps to four years, to avoid this.

We believe the interest paid for refund purposes should not exceed the lesser of the actuarial valuation rate or current demand deposit rates. At present, this would be 5%. Therefore, we believe the rate in Georgia Code Section 24-1711A-(b) should be increased from 3% to 5%.

Senator Coverdell of the 40th moved that SB 59 be postponed until 2:00 o'clock P.M.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 59 was postponed until 2:00 o'clock P.M.

Senator Doss of the 52nd moved that the following bill of the Senate be committed to the Committee on Judiciary:

SB 81. By Senator Doss of the 52nd:
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.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 81 was committed to the Committee on Judiciary.

Senator Barker of the 18th moved that the following bill of the Senate be withdrawn from the Committee on Judiciary and committed to the Committee on Consumer Affairs:

SB 55. By Senator Barker of the 18th:
A bill to regulate the automotive repair industry; to provide a short title; to provide definitions; to provide for the enforcement and administration of this Act; to provide for rules and regulations; to provide for registration of automotive repair dealers; to provide the procedure for such registration and other matters related thereto; to provide punishment for failure to register.

On the motion, the yeas were 42, nays 0; the motion prevailed, and SB 55 was withdrawn from the Committee on Judiciary and committed to the Committee on Consumer Affairs.

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 88. By Senator Holloway of the 12th:
A bill to amend Code Section 79A-811, relating to certain prohibited acts, so as to provide that it shall be unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dis pense, administer, sell, or possess with intent to distribute marijuana; to provide for penalties.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Pincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Not voting was Senator Dean of the 31st.

On the passage of the bill, the yeas were 55, nays 0.

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

SB 89. By Senators Holloway of the 12th and Riley of the 1st:
A bill to amend an Act re-creating and reestablishing the Georgia Commission for the National Bicentennial Celebration, approved April 5, 1973 (Ga. Laws 1973, p. 311), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 430), so as to change the member ship of said Commission; to provide an effective date.

WEDNESDAY, FEBRUARY 12, 1975

373

The Senate Committee on Economy, Reorganization and Efficiency in Gov ernment offered the following substitute to SB 89:

A BILL

To be entitled an Act to amend an Act re-creating and reestablish ing the Georgia Commission for the National Bicentennial Celebration, approved April 5, 1973 (Ga. Laws 1973, p. 311), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 430), so as to change the membership of said Commission; 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 re-creating and reestablishing the Georgia Com mission for the National Bicentennial Celebration, approved April 5, 1973 (Ga. Laws 1973, p. 311), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 430), is hereby amended by adding to sub section (a) of Section 1, following the words:

"the Director of the Department of Archives and History,",

the following:
"the Commissioner of Agriculture, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Adjutant General of Georgia, the Commissioner of the Department of Public Safety,",

and by striking from said subparagraph (a) of Section 1 the figures "(3)" and the words "three" wherever the same may appear in said subsection and inserting in lieu thereof the figures "(6)" and the words "six", so that when amended subsection (a) of Section 1 shall read as follows:
"(a) The Georgia Commission for the National Bicentennial Celebration, created pursuant to a resolution creating said Com mission, approved April 28, 1969 (Ga. Laws 1969, p. 1074), is hereby re-created and reestablished within the office of the Secre tary of State. Said Commission shall be composed of six members of the Senate to be appointed by the President of the Senate and six members of the House of Representatives to be appointed by the Speaker of the House of Representatives. There shall be thirteen members appointed by the Secretary of State, one from the membership of each of the following organizations:
(1) Children of the American Revolution;
(2) Daughters of the American Revolution;
(3) Georgia Association of County Commissioners;
(4) Georgia Business and Industry Association;
(5) Georgia Historical Society;

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(6) Georgia Municipal Association;
(7) Georgia Press Association;
(8) Georgia State Chamber of Commerce;
(9) Sons of the American Revolution;
(10) Sons of the Revolution;
(11) The Society of the Cincinnati in the State of Georgia;
(12) The Georgia Association of Broadcasters; and
(13) Georgia Regional Executive Directors Association; and six citizens from the State at Large; three to be appointed by the Governor, and three by the Secretary of State. The Secretary of State, the Director of the Department of Archives and History, the Commissioner of Agriculture, the Governor, the Speaker of the House of Representatives, the Adjutant General of Georgia, the Commissioner of the Department of Public Safety, the State Super intendent of the Department of Education, the Commissioner of the Department of Community Development, the Commissioner of the Department of Natural Resources, the Commissioner of the Department of Transportation, the Governor's Advisor on the Arts, the Director of the Office of Planning and Budget, the Secretary of the Georgia Historical Commission, and the Chancellor of the University System of Georgia shall be ex officio members of the Commission."

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 Holloway of the 12th moved that SB 89 be postponed until 1:30 o'clock P.M.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 89 was postponed until 1:30 o'clock P.M.

SB 95. By Senators McDowell of the 2nd, Riley of the 1st and Traylor of the 3rd:
A bill to amend Code Section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Code", approved February 21, 1964 (Ga. L. 1964, p. 146), as amended, so as to permit the State Properties Commission to authorize such change (s) in the physical and natural features of the property as may, in the discretion of the Commission, be in the best interests of the State.

Senator Howard of the 42nd offered the following amendment:

WEDNESDAY, FEBRUARY 12, 1975

375

Amend SB 95 by adding at the end of Section 1, line 4 of Page 3, the following:

"Provided, however, that nothing herein shall obviate the necessity for compliance with any and all State laws and/or regula tions applicable to such change(s), disposal (s) and/or ease ment^)."

On the adoption of the amendment, Senator Riley of the 1st called for the yeas and nays; the call was sustained, and the President ordered a roll call. The vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Dean of 31st Doss

Eldridge Foster Garrard Hamilton of 34th Hill Holloway Howard Hudgins Hudson Overby Pearce

Reynolds Robinson Shapard Stumbaugh Sutton Tate Thompson Traylor Turner Tysinger Warren

Voting in the negative were Senators:

Carter Dean of 6th Duncan Fincher Gillis Hamilton of 26th Holley

Kennedy Kidd Lester Lewis McDowell McDuffie McGill

Riley Russell Starr Stephens Timmons Young

Those not voting were Senators: Langford and Summers.

On the adoption of the amendment, the yeas were 34, nays 20, and the amendment was adopted.

Senator McDowell of the 2nd moved that SB 95 and all amendments be tabled.

On the motion, the yeas were 45, nays 0; the motion prevailed, and SB 95 and all amendments were tabled.

376

JOURNAL OF THE SENATE,

Senator Thompson of the 32nd moved that the following bill of the Senate be committed to the Committee on Retirement:

SB 59. By Senator Kidd of the 25th:
A bill to amend an Act providing for retirement benefits for the Judges of the Probate Courts (formerly known as the Ordinaries), approved March 21, 1958 (Ga. Laws 1958, p. 185), as amended, so as to change the provisions relating to the office of Secretary-Treasurer of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia.

On the motion, the yeas were 5, nays 32; the motion was lost, and SB 59 was not committed to the Committee on Retirement.

Senator Riley of the 1st moved that the Senate stand in recess from 12:22 o'clock P.M. until 1:20 o'clock P.M.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate was in recess.

Pursuant to the previous motion by Senator Riley of the 1st, the President called the Senate to order at 1:20 o'clock P.M.

The following bill of the House was read the first time and referred to a committee:

HB 412. By Representatives Patten and Carter of the 146th:
A bill to provide for the appointment of the Berrien County School Superintendent. Referred to the Committee on County and Urban Affairs.

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

SB 104. By Senator Howard of the 42nd:
A bill to amend Code Section 88-508.2, relating to expenses for hearings held as a part of incompetency proceedings, as amended, so as to change certain fees; 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 President ordered a roll call, and the vote was as follows:

WEDNESDAY, FEBRUARY 12, 1975

377

Those voting in the affirmative were Senators:

Ballard Banks Brantley Broun of 46th Carter Coverdell Doss Duncan Eldridge Pincher Foster Garrard Hamilton of 26th

Hamilton of 34th Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce

Reynolds Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Barker Barnes Bell Bond Brown of 47th Dean of 31st

Gillis Hill Holley Howard McDuffie

Riley Russell Starr Timmons Warren

On the passage of the bill, the yeas were 39, nays 1.

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

The following bill of the Senate, having been read the third time and post poned until 1:30 o'clock P. M. was put upon its passage:

SB 89. By Senators Holloway of the 12th and Riley of the 1st:
A bill to amend an Act re-creating and reestablishing the Georgia Commission for the National Bicentennial Celebration, approved April 5, 1973 (Ga. Laws 1973, p. 311), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 430), so as to change the membership of said Commission; to provide an effective date.

The Senate Committee on Economy, Reorganization and Efficiency in Gov ernment offered the following substitute to SB 89:
A BILL
To be entitled an Act to amend an Act re-creating and reestab lishing the Georgia Commission for the National Bicentennial Celebra-

378

JOURNAL OF THE SENATE,

tion, approved April 5, 1973 (Ga. Laws 1973, p. 311), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 430), so as to change the membership of said Commission; 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 re-creating and reestablishing the Georgia Com mission for the National Bicentennial Celebration, approved April 5, 1973 (Ga. Laws 1973, p. 311), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 430), is hereby amended by adding to sub section (a) of Section 1, following the words:

"the Director of the Department of Archives and History,",

the following:
" the Commissioner of Agriculture, the Governor, the Lieuten ant Governor, the Speaker of the House of Representatives, the Adjutant General of Georgia, the Commissioner of the Department of Public Safety,",

and by striking from said subparagraph (a) of Section 1 the figures "(3)" and the words "three" wherever the same may appear in said subsection and inserting in lieu thereof the figures "(6)" and the words "six", so that when amended subsection (a) of Section 1 shall read as follows:

"(a) The Georgia Commission for the National Bicentennial Celebration, created pursuant to a resolution creating said Com mission, approved April 28, 1969 (Ga. Laws 1969, p. 1074), is here by re-created and reestablished within the office of the Secretary of State. Said Commission shall be composed of six members of the Senate to be appointed by the President of the Senate and six members of the House of Representatives to be appointed by the Speaker of the House of Representatives. There shall be thirteen members appointed by the Secretary of State, one from the member ship of each of the following organizations:
(1) Children of the American Revolution;
(2) Daughters of the American Revolution;
(3) Georgia Association of County Commissioners;
(4) Georgia Business and Industry Association;
(5) Georgia Historical Society;
(6) Georgia Municipal Association;
(7) Georgia Press Association;
(8) Georgia State Chamber of Commerce;
(9) Sons of the American Revolution;

WEDNESDAY, FEBRUARY 12, 1975

379

(10) Sons of the Revolution;
(11) The Society of the Cincinnati in the State of Georgia;
(12) The Georgia Association of Broadcasters; and
(13) Georgia Regional Executive Directors Association; and six citizens from the State at Large; three to be appointed by the Governor, and three by the Secretary of State. The Secretary of State, the Director of the Department of Archives and History, the Commissioner of Agriculture, the Governor, the Speaker of the House of Representatives, the Adjutant General of Georgia, the Commissioner of the Department of Public Safety, the State Su perintendent of the Department of Education, the Commissioner of the Department of Community Development, the Commissioner of the Department of Natural Resources, the Commissioner of the Department of Transportation, the Governor's Advisor on the Arts, the Director of the Office of Planning and Budget, the Secre tary of the Georgia Historical Commission, and the Chancellor of the University System of Georgia shall be ex officio members of the Commission."
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 Holloway of the 12th offered the following amendment:
Amend the committee substitute to SB 89 by adding on Page 2, line 32, after the word, "Governor," and before the word "the" the following:
"the Lieutenant Governor,".

On the adoption of the amendment, the yeas were 31, nays 1, and the amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 30, nays 0, 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 Banks Bell

Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th

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JOURNAL OP THE SENATE,

Doss

Duncan

Eldridge

Pincher

Foster

Garrard

Gillis

Hamilton of 26th

Hill



Holloway

Howard

Hudgins

Hudson Kennedy Kidd Langford Lester Lewis McGill Overby Pearce Reynolds Robinson Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Barnes Bond Dean of 31st

Hamilton of 34th Holley McDowell McDuffie

Riley Russell Timmons

On the passage of the bill, the yeas were 45, nays 0.

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

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 116. By Senator Tysinger of the 41st:
A bill to amend an Act relating to the introduction of bills relative to retirement, pensions and emeritus systems and requiring fiscal notes therefor, approved Mar. 16, 1966 (Ga. Laws 1966, p. 573), as amended, so as to require actuarial studies on such bills; to provide for the costs of such studies.

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol

Atlanta, Georgia 30334

MEMORANDUM

TO:
FROM:
DATE: SUBJECT:

The Honorable Jimmy Lester, Chairman Senate Retirement Committee
Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer
January 30, 1975
Fiscal Note--Senate Bill 116

This Bill provides that an actuarial investigation shall be made on retirement bills and on any amendments thereto and that the State

WEDNESDAY, FEBRUARY 12, 1975

381

Auditor shall complete or have completed such actuarial investigations and the cost of such actuarial investigations shall be paid from funds appropriated or otherwise available to the Legislative Branch of State Government. We normally have anywhere from 60 to 100 bills introduced each year and I would estimate a cost of approximately $125 per fiscal note plus additional monies for extensive studies that may be necessary. It should also be noted that a large portion of the bills give additional service credits to current members and generally this data is not avail able and would not be available until a survey of the membership could be taken which would require a considerable length of time for a system with, say, 45,000 members.

/s/ 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 24, 1975

MEMORANDUM

TO:

Honorable Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia

SUBJECT:

Senate Bill 116

This bill requires that in addition to the fiscal notes required on retirement bills, an actuarial investigation shall be made on all bills and amendments to retirement bills.

The bill provides also that when actuarial investigations are made on amendments to retirement bills the cost of such actuarial investiga tions shall be paid from funds appropriated or otherwise available to the General Assembly. The bill authorizes the Legislative Fiscal Officer to expend legislative funds for actuarial investigations made into the provisions of retirement bills.

There would be no cost to the Teachers Retirement System if this bill became law.

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EMPLOYEES' RETIREMENT SYSTEM

January 28, 1975

MEMORANDUM

TO:

The Honorable James L. Lester, Chairman

Senate Retirement Committee

PROM:

Abe Domain, Director Employees' Retirement System

SUBJECT: Fiscal Note--Senate Bill 116

This bill provides that an actuarial investigation shall be made on retirement bills and on any amendments thereto and that the State Auditor shall complete or have completed such actuarial investigation, and the cost of such actuarial investigation shall be paid from funds appropriated or otherwise available to the legislative branch of State government.

The cost involved would not affect the actuarial soundness of the System although there would be some cost on the part of the State in the way of actuarial fees.
/s/ Abe Domain Director

Probate Judges Retirement Fund of Ga. Suite 401, First National Bank Bldg. Dalton, Georgia 30720 January 31, 1975
Senator James Lester, Chairman Retirement Committee of State Senate State Capitol Atlanta, Georgia 30334

Dear Senator Lester and Committee Members:

I have examined the effect of Senate Bill Number 59, as proposed to the current session of the Legislature of the State of Georgia, which would amend the Georgia Code in several instances as it affects the Retirement Fund.
On the basis of my valuation of the Retirement Fund as of June 30, 1974, I am of the opinions: (1) that any or all of the provisions of the said bill can be financed within the current revenue structure of the Retirement Fund, under the applicable sections of the Georgia Code, on an actuarially sound basis; and (2) that passage of the said bill will not render the Retirement Fund actuarially unsound.
Very truly yours,
/s/ Ernest McDonald Secretary-Treasurer

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383

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 Banks Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Pincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Barnes Bond

Dean of 31st Holley Holloway

McDuffie Russell

On the passage of the bill, the yeas were 48, nays 0.

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

SB 118. By Senators Barker of the 18th, Hudgins of the 15th and Lewis of the 21st:
A bill to amend an Act providing for the issuance of automobile tags to disabled veterans, approved Feb. 27, 1956 (Ga. Laws 1956, p. 336), as amended, so as to provide for the issuance of free motor vehicle li cense tags to certain wartime veterans who were discharged under honorable 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:

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Those voting in the affirmative were Senators:

Ballard Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

Those not voting were Senators:

Banks Barker Barnes

Bond Dean of 31st Holley

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren
McDuffie Russell Young

On the passage of the bill, the yeas were 47, nays 0.

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

SB 102. By Senators Duncan of the 30th, Carter of the 14th, Holloway of the 12th 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 provisions relative to creditable service necessary for eligibility for retirement; to change the provisions relative to retire ment benefits.

The following fiscal note, as required by law, was read by the Secretary:

TEACHERS RETIREMENT SYSTEM STATE OF GEORGIA
254 Washington Street, S. W., Phone 656-2954 Atlanta, Georgia 30334
January 24, 1975

MEMORANDUM

TO: FROM: SUBJECT:

Mr. Ernest B. Davis State Auditor
Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia
Senate Bill 102

This bill would change the percentage factor (multiplier) in the

WEDNESDAY, FEBRUARY 12, 1975

385

retirement formula of the Teachers Retirement System from 1.75% to 2.00% and it would permit members of the retirement system to qualify for service retirement with 30 or more years of creditable service (31 years under present law).

Since the bill does not amend paragraph (c) of subsection (2) of Section 5 of the Teachers Retirement Act, members with less than 31 years of creditable service with the retirement system would receive a reduction in their retirement benefit of 1/12 of 3% for each month their ages were under 62 years.

The actuary has estimated that the change in the percentage factor from 1.75% to 2.00% could be financed by increasing the employer con tributions rate from the present 8.77% of payroll to 11.02% of payroll (increase of 2.25%). The cost to the State of this provision of this bill for Fiscal Year 1976 would be approximately $13,725,000.

The approximate cost to the State for the second provision in this bill--allowing members to qualify for service retirement with 30 years of creditable service instead of 31 years--could be financed by increas ing the employer contributions rate .04% of payroll. This would make the cost to the State for Fiscal Year 1976 $244,000.

If the bill were amended to allow benefit calculations without the application of the age reduction factor with 30 years of service, the employer contributions rate would have to be increased .08% of pay roll. This increase would cost the State approximately $488,000 for Fiscal Year 1976.

Paragraph (c) of subsection (2) of Section 5 of the Teachers Re tirement Act contains a provision limiting the employer contributions rate to 9.00% of the teacher payroll. This limitation would have to be either removed or increased in order for this bill to be properly funded.

The bill states that it shall not become effective until the necessary funds are appropriated to cover the benefits provided in the bill. We interpret this to mean that neither the change in the formula multiplier to 2.00% nor the change in the number of years of service required for early retirement could become effective until the entire amount of funds were appropriated.

The Senate Committee on Retirement offered the following substitute to SB 102:
A BILL
To be entitled an Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1141), so as to change the provisions relative to creditable service necessary for eligibility for retirement; to change the time for filing retirement applications; to change the provisions relative to

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reduction of benefits; to change the rate of employer contributions under this Act; to provide for additional power and authority of the Board of Trustees; to change the provisions relative to retirement bene fits; to provide for other matters relative to the foregoing; to provide how this Act shall become effective; 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, partic ularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1141), is hereby amended by striking paragraph (a) of subsection (1) of Section 5 in its entirety and substituting 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 31 years or more of creditable service if such person retires prior to July 1, 1975 or shall have 30 years or more of creditable service if such person retires on July 1, 1975 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 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 180 days in advance of the effective date of retirement."
Section 2. Said Act is further amended by striking the first two paragraphs of paragraph (b) of subsection (2) of Section 5, which read as follows:
"An annual pension which, together with the annuity provided above, shall provide a total allowance equal to 1-3/4% of his average compensation over the 5 consecutive years of creditable service producing the highest such average, multiplied by the number of his years of creditable service, not to exceed 40.

Provided, however, that in the event any member of the system elects to cease making contributions to the teachers' retirement system upon completing forty (40) or more years of creditable service, the annual pension provided in this subsection shall provide a total allowance equal to 1-3/4% of his average compensation over the five (5) consecutive years of creditable service during which such member was making contributions to the system producing the highest such average, multiplied by the number of his years of creditable service, not to exceed 40.",

in their entirety and substituting in lieu thereof one paragraph to read as follows:

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387

"An annual pension which, together with the annuity provided
above, shall provide a total allowance equal to more than 1-3/4%, but not greater than 2%, the actual percent to be set by the Board of Trustees in direct relation to the amount of increased appropria tions provided by the General Assembly to fund the provisions of this paragraph, of his average compensation over 5 consecutive years of creditable service producing the highest such average, multiplied by the number of his years of creditable service, not to exceed 40. In the event any member of the system elects to cease making contributions to the teachers' retirement system upon completing 40 or more years of creditable service, the annual pension provided in this subsection shall provide a total allowance equal to more than 1-3/4%, but not greater than 2%, as set by the Board of Trustees pursuant to the terms of this paragraph, of his average compensation over the 5 consecutive years of creditable service during which such member was making contributions to the system producing the highest such average, multiplied by the number of years of creditable service, not to exceed 40."

Section 3. 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 member retires between July 1, 1974, and July 1, 1975, or less than 30 years of creditable service if such member retires on or after July 1, 1975, or who has not attained the age of 62 years, the service allowance above described shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 62 years. The aforesaid reduction shall not apply in calulating the service allowance for disability retirement or death. Any retirement benefits or allowance provided or authorized by this Act shall not increase the employer contributions beyond the per centage rate of 11.50% of teachers' salaries."

Section 4. This Act shall not become effective until there shall be specifically appropriated by the General Assembly, the necessary funds to provide for the increased benefits herein provided for.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 39, nays 0, 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:

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Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby

Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Young

Those voting in the negative were Senators:

Coverdell

Tysinger

Warren

Those not voting were Senators:

Barker Bond

Holley McDuffie

Russell

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

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

The following bill of the Senate, having been read the third time and post poned until 2:00 o'clock P.M., was put upon its passage:

SB 59. By Senator Kidd of the 25th:
A bill to amend an Act providing for retirement benefits for the Judges of the Probate Courts (formerly known as the Ordinaries), approved March 21, 1958 (Ga. Laws 1958, p. 185), as amended, so as to change the provisions relating to the office of Secretary-Treasurer of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia.

The Committee on Retirement offered the following amendment: Amend SB 59 by striking from Page 8, line 5, the following: "July 1, 1974",
and

WEDNESDAY, FEBRUARY 12, 1975

389

By inserting in lieu thereof the following: "July 1, 1975".

On the adoption of the amendment, the yeas were 29, nays 0, and the com mittee amendment was adopted.

Senator Kidd of the 25th offered the following substitute to SB 59:
A BILL
To be entitled an Act to amend an Act providing for retirement benefits for the Judges of the Probate Courts (formerly known as the Ordinaries), approved March 21, 1958 (Ga. Laws 1958, p. 185), as amended, so as to change the provisions relating to the office of Sec retary-Treasurer of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia; to change the provisions relating to retirement benefits for the secretary-treasurer; to change the provisions relating to qualifications for participation in the Judges of the Probate Courts Retirement Fund; to change the provisions rela tive to applications and contributions by Judges of the Probate Courts and verified statements of earnings; to change the provisions relating to the withdrawal of funds, interest and repayment of funds where the Judge of the Probate Court dies before receiving the amount paid in, so as to change the rate of interest; to provide for retirement benefits for certain Judges of the Probate Courts and former Judges of the Probate Courts; 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 providing for retirement benefits for the Judges of the Probate Courts (formerly known as the Ordinaries), approved March 21, 1958 (Ga. Laws 1958, p. 185), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. There is hereby created the office of secretarytreasurer of said Board and the secretary-treasurer shall be elected and appointed by the Board and shall serve at the pleasure of the Board. His compensation and duties may be fixed by the Board.
Notwithstanding any other provisions of this Act to the con trary, in addition to such salary as may be provided above, said secretary-treasurer shall receive credit for a sum of $600.00 per annum for time served after the effective date of said Act approved March 21, 1958, as dues in said retirement system for a period of a maximum of 20 years, and shall be paid retirement benefits upon retiring as such secretary-treasurer, or upon reaching the age of sixty (60) years, whichever may occur last, based on the rate of two and one-half percent of $12,000.00 for each year served as secretary-treasurer from the date of the approval of said Act on March 21, 1958, to the date of retirement up to a maximum of 20

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years service, provided a minimum of four years shall have been served as secretary-treasurer, and provided further that withdrawal of such dues by such secretary-treasurer or his estate shall be subject to the provisions of Section 11 of said Act, and said secre tary-treasurer may also make the election as to retirement bene fits provided for in subsection (b) of Section 10 of said Act and the exceptions provided for in Section 13 of said Act, as hereby amended."
Section 2. Said Act is further amended by striking Section 7, which reads as follows:

"Section 7. Before any person shall be eligible to participate in said retirement system, he or she must be serving as secretarytreasurer under the provisions of Section 2, or:
(a) Be a duly qualified and commissioned Judge of the Probate Court of a county of the State of Georgia;
(b) Make application for membership in said fund to the Board on a blank to be furnished by said Board for that purpose, giving such information, and verification and proof thereof, as may be required by said Board;
(c) Have filed such application with said Board within the period of time from March 21, 1958, to January 1, 1969, if served as such Judge of the Probate Court for a period of as much as twelve months during said time, or forever be barred from member ship in said fund; or,

(d) Notwithstanding any other provisions of this Act to the contrary, any Judge of the Probate Court who may have served as much as twelve months as such prior to January 1, 1969, who failed to make application for membership in said retirement sys tem within said period of time, may, within a twelve month period from May 1, 1968, apply for and be admitted as such member. However, in such instance, such Judge of the Probate Court so applying under these circumstances shall not be entitled to credit for any time served prior to the effective date of this Act;

(e) File with such application a sworn statement, setting out the length of time served as Judge of the Probate Court by the applicant since December 22, 1953, and his or her net earnings by the month during such entire period, which may be arrived at by deducting any and all sums spent for the operation of his or her office if he or she be on fee basis, but by the gross amount if he or she be on salary, provided, however, that if by either method the income of such Judge of the Probate Court for his or her services as such shall exceed twelve thousand ($12,000.00) dollars or an average of more than one thousand ($1,000.00) dollars per month, for any calendar year, said income shall be deemed to be not more than twelve thousand ($12,000.00) dollars during such year, and shall be adjusted to this figure;

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381

(f) Remit to the Board with said application, 5% of such net monthly earnings up to a total of twelve thousand ($12,000.00) dollars income for any calendar year, or an average of one thousand ($1,000.00) dollars income per month during such calendar year, but no more, as dues for said period, together with interest at a rate of 5% per annum from the end of the month in which accrued;

(g) File with said Board a sworn statement as to net earnings for each month subsequent to admission as a member by the 10th of the following month, which net earnings shall be arrived at as is provided in subsection (e) hereof, provided that if the income of such Judge of the Probate Court for his or her services as such shall exceed twelve thousand ($12,000.00) dollars, or an average of more than one thousand ($1,000.00) dollars per month, for any calendar year, said income shall be deemed to be twelve thousand ($12,000.00) dollars per such year, and shall be adjusted to this figure at least once during such year, and;

(h) Tender to the Board with each such monthly statement, 5% of such earnings for said month as monthly dues, but said monthly dues shall not average more than 5% of one thousand ($1,000.00) dollars per month during any given calendar year, or a total of 5% of twelve thousand ($12,000.00) dollars during any such calendar year, and;

(1) All applications for membership, sworn statements of net earnings, remittances of dues, and all other information, facts or figures in connection with the provisions of this Section are subject to being examined, audited and approved by said Board.",

and inserting in lieu thereof a new Section 7 to read as follows:

"Section 7. Before any person shall be eligible to participate in said retirement system, he or she must:

(a) (1) Be serving as secretary-treasurer of the Board of Commissioners of the Judges of the Probate Court Retirement Fund of Georgia as provided by law; or,

(2) Be a duly qualified and commissioned Judge of the Pro bate Court of a county of the State of Georgia;

(b) In the case of Judges of the Probate Courts, make applica tion for membership in said fund to the Board on a blank to be furnished by said Board for that purpose, giving such information, and verification and proof thereof, as may be required by said Board;
(c) As to Judges of the Probate Courts, make application to said Board within a period of 12 months after commencing such service as a Judge of the Probate Court in order to claim and receive credit for services rendered retroactive to the date of the

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commencement of such service, or forever be barred from claiming or receiving any credit for any service rendered prior to the date said application is received in the Office of the Secretary-Treasurer of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia;
(d) As to Judges of the Probate Court, notwithstanding any other provisions to the contrary, any Judge of the Probate Court who may have served as much as 12 months as such Judge of the Probate Court of any county, but who may have failed to make application for membership in said retirement system, may apply for and be admitted as a member of said retirement system at any time, but shall not be entitled to claim or receive credit toward retirement for any time served prior to the date the application for membership is received in the Office of the Secretary-Treasurer of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia;
(e) As to Judges of the Probate Courts, file with such ap plication a sworn statement, setting out the length of time served as Judge of the Probate Court by the applicant since December 22, 1953, and his or her net earnings by the month during such entire period, which may be arrived at by deducting any and all sums spent for the operation of his or her office if he or she be on fee basis, but by the gross amount if he or she be on salary, provided, however, that if by either method the income of such Judge of the Probate Court for his or her services as such shall exceed twelve thousand ($12,000.00) dollars or an average of more than one thousand ($1,000.00) dollars per month, for any calendar year, said income shall be deemed to be not more than twelve thousand ($12,000.00) dollars during such year, and shall be adjusted to this figure;
(f) As to Judges of the Probate Courts, remit to the Board with said application, 5% of such net monthly earnings up to a total of twelve thousand ($12,000.00) dollars income for any calendar year, or an average of one thousand ($1,000.00) dollars income per month during such calendar year, but no more, as dues for said period, together with interest at a rate of 6% per annum from the end of the month in which accrued;
(g) As to Judges of the Probate Courts, file with said Board a sworn statement as to net earnings for each month subsequent to admission as a member by the 10th of the following month which net earnings shall be arrived at as is provided in subsection (e) hereof, provided that if such income of such Judge of the Probate Court for his or her services as such shall exceed twelve thousand ($12,000.00) dollars, or an average of more than one thousand ($1,000.00) dollars per month, for any calendar year, said income shall be deemed to be twelve thousand ($12,000.00) dollars per such year, and shall be adjusted to this figure at least once during such year;
(h) As to Judges of the Probate Courts, tender to the Board with such monthly statement, 5% of such earnings for said month

WEDNESDAY, FEBRUARY 12, 1975

393

as monthly dues, but said monthly dues shall not average more than 5% of one thousand ($1,000.00) dollars per month during any given calendar year, or a total of 5% of twelve thousand ($12,000.00) dollars during any such calendar year; and

(i) As to Judges of the Probate Courts, all applications for membership, sworn statements of net earnings, remittances of dues, and all other information, facts or figures in connection with the provisions of this Section are subject to being examined, audited and approved by said Board."

Section 3. Said Act is further amended by striking from subsec tion (b) of Section 11 the following:
"three percent",

and inserting in lieu thereof the following: "six percent",

so that when so amended, subsection (b) of Section 11 shall read as follows:

"(b) Although retirement pay shall be based on the provisions of Section 10, and nothing herein shall be construed to alter same, at the effective date of retirement, simple interest at a rate of six percent per annum shall be computed on all dues paid from the end of the calendar year in which the effective date of retirement and added to the total dues paid for the following purposes only: After all retirement benefits coming due under the provisions of Section 10 (a) or (b), as the case may be, have been paid, if the total thereof shall not be equal to or exceed the above total of dues and interest, the balance of such principal and interest shall be paid to the estate of the deceased ordinary."

Section 4. Said Act is further amended by adding at the end of Section 13 the following:

"Provided further, that any Judge of the Probate Court who was a regularly qualified member of said retirement system and who may have heretofore severed his or her relationship as a regularly qualified and commissioned Judge of the Probate Court of a county of the State of Georgia, ceased payments of any dues into the fund whatsoever, but had not reached the retirement age required by law at the time of severance of his or her relationship as such Judge of the Probate Court, and have not qualified for or commenced drawing retirement benefits as of July 1, 1975, by reason of not having attained said retirement age then required, shall be eligible to commence drawing such retirement benefits due upon reaching the age of sixty (60) years or on July 1, 1975, which ever is later."

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so that when so amended Section 13 shall read as follows:

"Section 13. No Judge of the Probate Court shall be eligible for retirement benefits provided for in this Act until he or she has reached the age of sixty (60) years. However, any other provisions of this Act to the contrary notwithstanding, any Judge of the Probate Court who has met all other requirements of this Act, except that he or she has not attained the age of sixty (60) years, may sever his or her relations as a regularly qualified and com missioned Judge of the Probate Court of a county of the State of Georgia, cease payments of any dues into said fund whatsoever and upon reaching the age of sixty (60) years and filling his or her application as is provided for in subsection (e) of Section 9 as is enacted hereby, commence receiving the retirement benefits provided for in said Act. Provided further that any Judge of the Probate Court who was a regularly qualified member of said retirement system and who may have heretofore severed his or her relationship as a regularly qualified and commissioned Judge of the Probate Court of a county of the State of Georgia, ceased payments of any dues into the fund whatsoever, but had not reached the retirement age required by law at the time of severance of his or her relation ship as such Judge of the Probate Court, and have not qualified for or commenced drawing retirement benefits as of July 1, 1975, by reason of not having attained said retirement age then required, shall be eligible to commence drawing such retirement benefits due upon reaching the age of sixty (60) years or on July 1, 1975, whichever is later."

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th offered the following amendment to the substitute offered by Senator Kidd of the 25th to SB 59:
Amend! the substitute to SB 59 by deleting on Page 7, line 33, "six per cent (6%)" and by adding "five per cent (5%)".

On the adoption of the amendment, the yeas were 30, nays 0, and the amend ment to the substitute offered by Senator Kidd of the 25th 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 Banks Barnes Bell Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th

WEDNESDAY, FEBRUARY 12, 1975

395

Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell

McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Bond Duncan

Fincher Holley

McDuffie Starr

On the adoption of the substitute, the yeas were 49, the nays 0, and the substitute offered by Senator Kidd of the 25th was adopted as amended.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute 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 Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell
McGill Overby

Those not voting were Senators:

Barker Bond Fincher

Holley McDuffie Reynolds

Pearce Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Riley Starr

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 48, the nays 0.

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

SB 110. By Senator Howard of the 42nd:
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.

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 Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce

Reynolds Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Bond Fincher

Holley McDuffie

Riley Starr

On the passage of the bill, the yeas were 49, nays 0.

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

WEDNESDAY, FEBRUARY 12, 1975

397

SB 120. By Senators Tate of the 38th and Dean of the 31st:
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 change the provisions relative to the composition of the Board of Trustees; to provide an effective date.

The following fiscal note, as required by law, was read by the Secretary:

TEACHERS RETIREMENT SYSTEM State of Georgia
254 Washington Street, S.W., Phone 656-2954 Atlanta, Georgia 30334

January 24, 1975

MEMORANDUM

TO:

Honorable Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Weslev, H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia

SUBJECT: Senate Bill 120

This bill would add an additional member of the Board of Trustees of the Teachers Retirement System. This additional member would be a retired school teacher and would be elected by the Georgia Retired Teachers Association.

The retired teacher would be added to the Board of Trustees of the Teachers Retirement System on July 1, 1975 and would serve a term of three years.

This bill would not add any cost to the benefit program of the Teachers Retirement 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 Banks Barnes Bell Brantley

Broun of 46th Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Doss Eldridge Foster Garrard

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JOURNAL OF THE SENATE,

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford

Lester Lewis McDowell McGill Overby Pearce Reynolds Riley Robinson Russell Shapard

Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Bond Dun can

Fincher Holley McDuffie

Starr Thompson

On the passage of the bill, the yeas were 48, nays 0.

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

SB 121. By Senator Overby of the 49th:
A bill to amend an Act approved January 3, 1938 (Ga. L. 1937-38, Extra. Sess., p. 77), relating to the Department of Revenue and administration of the tax laws, as amended, so as to provide that the Attorney General shall furnish such legal services as may be necessary.

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 Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter Cover dell Dean of 6th Dean of 31st Doss Eldridge

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford

Lester Lewis McDowell McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens

WEDNESDAY, FEBRUARY 12, 1975

399

Stumbaugh Summers Sutton Tate

Thompson Traylor Turner

Tysinger Warren Young

Those not voting were Senators:

Barker Bond Duncan

Fincher Holley

McDuffie Timmons

On the passage of the bill, the yeas were 49, nays 0.

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

SB 123. By Senator Overby of the 49th:
A bill to amend an Act known as the "Soil Conservation Districts Law", approved March 26, 1937 (Ga. L. 1937, p. 377), as amended, so as to provide that the Attorney General shall provide the only legal services required by the State Soil Conservation Committee.

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 Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter ' Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Barker Bond

Duncan Fincher

Holley

On the passage of the bill, the yeas were 51, nays 0.

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

SB 124. By Senators Pearce of the 16th and Hudgins of the 15th:
A bill to repeal an Act providing for the compensation of the Judge of the Juvenile Court of certain counties of this State, approved March 29, 1971 (Ga. Laws 1971, p. 2236) ; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Button Tate Thompson Timmons Traylor Tysinger Warren Young

Those not voting were Senators:

Ballard Barker Bond

Fincher Holley

Summers Turner

On the passage of the bill, the yeas were 49, nays 0.

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

WEDNESDAY, FEBRUARY 12, 1975

401

SB 127. By Senator Langford of the 51st:
A bill to amend Code Section 79A-402, relating to qualifications of applicants for registration as pharmacists, as amended, so as to change the qualifications of applicants for registration as pharmacists; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hill Holloway Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Bond Fincher

Hamilton of 34th Holley Howard

Hudgins Lester Summers

On the passage of the bill, the yeas were 47, nays 0.

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

SB 128. By Senator Kidd of the 25th:
A bill to provide that Sheltered Workshops in the Department of Human Resources shall be authorized to accrue surplus funds; to designate surplus funds as reserve funds; to provide that such surplus or reserve funds shall not lapse to the State treasury.

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JOURNAL OF THE SENATE,

Senator McDowell of the 2nd offered the following amendment:

Amend SB 128 by adding the words "or capital improvements and purchase of equipment" on Page 1, line 15, after the words "working capital".

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Brantley Duncan

Fincher Hill Holley

Pearce Russell Timmons

On the passage of the bill, the yeas were 47, nays 0.

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

Senator Starr of the 44th moved that the following bill of the Senate be removed from the table:

WEDNESDAY, FEBRUARY 12, 1975

403

SB 95. By Senators McDowell of the 2nd, Riley of the 1st and Traylor of the 3rd:
A bill to amend Code Section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Code", approved Feb. 21, 1964 (Ga. L. 1964, p. 146), as amended, so as to permit the State Properties Commission to authorize such change(s) in the physical and natural features of the Property as may, in the discretion of the Commission, be in the best interests of the State.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 95 was removed from the table and placed on the Senate Calendar.

The following general bill of the Senate, read the third time and tabled on February 12, and removed from the table on February 12, was put upon its passage:

SB 95. By Senators McDowell of the 2nd, Riley of the 1st and Traylor of the 3rd:
A bill to amend Code Section 91-105a of Code Chapter 91-1A of the Code of Georgia, known as the "State Properties Code", approved Feb. 21, 1964 (Ga. L. 1964, p. 146), as amended, so as to permit the State Properties Commission to authorize such change (s) in the physical and natural features of the Property as may, in the discretion of the Com mission, be in the best interests of the State.

The following amendment offered by Senator Howard of the 42nd was adopted by the Senate on February 12:
Amend SB 95 by adding at the end of Section 1, line 4 of Page 3, the following:
"Provided, however, that nothing herein shall obviate the necessity for compliance with any and all State laws and/or regulations applicable to such change (s), disposal (s) and/or ease ment^)."

Senator Howard of the 42nd moved that the amendment to SB 95 offered by the Senator of the 42nd and adopted by the Senate be reconsidered.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the amendment offered by Senator Howard of the 42nd was reconsidered.

Senator Howard of the 42nd moved that the amendment to SB 95 offered by the Senator of the 42nd and adopted by the Senate be withdrawn.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the amendment to SB 95 was withdrawn.

404

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Fincher Holley

Langford Lester Pearce

Russell Timmons

On the passage of the bill, the yeas were 48, nays 0.

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

SR 34. By Senators Barker of the 18th, Hudgins of the 15th and Lewis of the 21st:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; to change the def inition 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 OF GEOR GIA:

WEDNESDAY, FEBRUARY 12, 1975

405

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 citi zen 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 purposes. 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 pro pulsion 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 value of all property in excess of the exemption granted herein to the veteran, his unremarried widow or minor children shall remain subject to taxation. 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, 1976."

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 increase the homestead exemption for disabled veterans who have been disabled as a result of service in the armed forces, due to loss, or loss of use, of both lower extremities, such as to preclude
( ) NO 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

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JOURNAL OF THE SENATE,

with residuals of organic disease or injury which so affects 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 his unremarried widow or minor children so long as his unremarried widow or minor children continue to actually occupy the home as a resi dence and homestead?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators:

Broun of 46th Duncan Fincher

Hill Holley Starr

Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Sutton Tate Thompson Traylor Turner Tysinger Warren Young
Summers Timmons

On the adoption of the resolution, the ayes were 48, nays 0.

WEDNESDAY, FEBRUARY 12, 1975

407

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

Senator Hudgins of the 15th moved that the following resolution be with drawn from the consideration of the Senate:

SR 39. By Senators Hudgins of the 15th, Pearce of the 16th, Stephens of the 36th and Barker of the 18th:
A resolution proposing an amendment to the Constitution so as to increase the homestead exemption of veterans to $17,500 who have received a grant from the Veterans Administration of the United States to purchase a house specially adapted or designed for handicapped persons; to provide for the submission of this amendment for ratifica tion or rejection.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SR 39 was withdrawn from consideration of the Senate.

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:

SR 42. By Senators Garrard of the 37th, Langford of the 51st, Eldridge of the 7th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may exempt from ad valorem taxation property of nonprofit homes for the aged which is used in connection with the operation of the home; to limit said exemption to homes for the aged which have no stockholders and no income or profit which inures to the benefit of any private person and are subject to the laws regulating nonprofit or charitable corporations; 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 para graph :
"The General Assembly shall be authorized to exempt from ad valorem taxation property of nonprofit homes for the aged used in connection with their operation, provided that such homes for the aged have no stockholders and no income or profit which is distri buted to or for the benefit of any private person, and are subject

408

JOURNAL OP THE SENATE,

to the laws of Georgia regulating nonprofit or charitable corpora tions."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to exempt from ad valorem taxation certain property of non profit homes for the aged which have no stock holders and no income or profit which is distri-
( ) NO buted to or for the benefit of any private person, and are subject to the laws of Georgia regulat ing nonprofit or charitable corporations?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

WEDNESDAY, FEBRUARY 12, 1975

409

Those not voting were Senators:

Brantley Broun of 46th
Carter

Duncan Fincher Holley

Hudgins Pearce Timmons

On the adoption of the resolution, the ayes were 47, nays 0.

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

HB 10. By Representatives Snow of the 1st, Sams of the 90th, Karrh of the 106th and others:
Senate Sponsor: Senator Howard of the 42nd.
A bill to amend Code Section 9-9903, relating to the punishment for the unlawful practice of law, so as to change the punishment for the unlawful practice of law.

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 Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Foster Garrard Hamilton of 26th

Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell
Pearce Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Dean of 6th

McGill

Those not voting were Senators:

Bond Broun of 46th Duncan

Fincher Gillis Holley

McDuffie Overby Timmons

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JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 45, nays 2.

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

HB 12. By Representatives Snow of the 1st, Sams of the 90th and others:
Senate Sponsor: Senator Howard of the 42nd.
A bill to amend Code Section 89-9908, relating to indictments, present ments or accusations for malpractice by certain public officers or officials and their appearance before a grand jury so as to abolish the right of such officers and officials to make an unsworn statement to the grand jury.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th
Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators:

Broun of 46th

Timmons

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Tysinger Warren Young
Turner

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

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

Senator Holloway of the 12th assumed the Chair.

WEDNESDAY, FEBRUARY 12, 1975

411

HB 75. By Representative Larsen of the 27th:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend Code Chapter 26-23, relating to crimes involving abuse of governmental office so as to provide that the influencing of certain witnesses shall be unlawful.

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

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Cover dell Dean of 6th Doss Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Those not voting were Senators:

Dean of 31st Duncan

Fincher Holloway (presiding)

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Hudgins

On the passage of the bill, the ayes were 51, nays 0.

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

HB 87. By Representatives Kreeger of the 21st, Howard of the 19th and Nix of the 20th:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend an Act providing for a tax on certain deeds, instru ments, or other writings transferring real estate so as to provide that said tax shall not apply to any transfer of real estate between a husband and wife in connection with a divorce case.

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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, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Poster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Holley

Holloway (presiding)

Starr

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

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

The President resumed the Chair.

HR 67. By Representatives Gignilliat of the 122nd, Wheeler of the 152nd and Irvin of the 10th: Senate Sponsor: Senator Kidd of the 25th. A resolution directing the Department of Human Resources to participate in certain programs relating to the toxoplasmosis disease.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

WEDNESDAY, FEBRUARY 12, 1975

413

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis
Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Bond Broun of 46th

Duncan

Young

On the adoption of the resolution, the yeas were 52, nays 0.

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

HR 96. By Representatives Edwards of the 110th and Connell of the 87th:
Senate Sponsor: Senator Kidd of the 25th.
A resolution urging the Board of Regents of the University System of Georgia to take immediate steps to determine the feasibility of estab lishing a Georgia college of optometry and to explore other alternatives to satisfy the need for optometrists in this State.

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 Banks Barker

Barnes Bell Brantley

Brown of 47th Carter Coverdell

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JOURNAL OF THE SENATE,

Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard

Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren

Those not voting were Senators:

Bond Broun of 46th

Hill Pearce

Traylor Young

On the adoption of the resolution, the yeas were 50, nays 0.

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

SR 54. By Senators Holloway of the 12th, Riley of the 1st, Hill of the 29th and others:
A resolution to amend 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge

Fincher Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy

Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds Riley Russell Shapard

WEDNESDAY, FEBRUARY 12, 1975

415

Starr Stephens Summers

Thompson Timmons Traylor

Turner Young

Those voting in the negative were Senators:

Barker Bond Foster McDuffie

Robinson Stumbaugh Button

Tate Tysinger Warren

Those not voting were Senators: Broun of the 46th and Duncan.

On the adoption of the resolution, the yeas were 44, nays 10.

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

Senator IJiley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow at 3:20 o'clock P. M.

416

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Senate Chamber, Atlanta, Georgia Thursday, February 13, 1975

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

Senator Young of the 13th reported that the journal of yesterday's 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 379. By Representatives Mullinax of the 69th and Ware of the 68th:
A bill to create the Downtown LaGrange Development Authority; to create the Downtown LaGrange District.
HB 385. By Representatives Richardson of the 62nd, Hawkins of the 50th, Tolbert of the 56th and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, so as to change the provisions relative to school board districts.
HB 402. By Representatives Logan of the 62nd and Russell of the 64th:
A bill to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof", so as to provide that a majority of the votes cast by electors shall be required for election to the office of Mayor, Alderman, and Recorder of the Recorder's Court for the City of Athens.
HB 403. By Representatives Logan of the 62nd and Russell of the 64th:
A bill to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof", so as to define the duties and powers of the mayor.
HB 408. By Representative Chance of the 129th: A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court.

THURSDAY, FEBRUARY 13, 1975

417

HB 409. By Representative Chance of the 129th:
A bill to amend an Act creating a charter for the Town of Rincon, so as to change the qualifications of candidates for mayor or alderman of said town.

HB 426. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a new charter for the City of West Point, so as to authorize and empower the Mayor and Aldermen of the City of West Point to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, at any time and from time to time, any real property owned by the City of West Point which is not needed for municipal purposes.

HB 431. By Representatives Wheeler and Foster of the 152nd:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Bacon County, known as the fee system; to provide in lieu thereof an annual salary.

HB 435. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to create and establish the State Court of Houston County pur suant to Article VI, Section IX, Paragraph I of the Constitution; to provide for the jurisdiction of said court.

HB 441. By Representative Shanahan of the 7th:
A bill to amend an Act providing for the office of Commissioner of Gordon County, so as to provide for a Board of Commissioners of Gordon County.

HB 446. By Representative Hutchinson of the 133rd:
A bill to amend an Act entitled "An Act to provide as compensation for the treasurer of Lee County a salary of $700 per year, instead of the commissions heretofore allowed by law", so as to change the compen sation of the treasurer.

HB 447. By Representative Hutchinson of the 133rd:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change the provision relating to the salary of the sheriff.

HB 448. By Representative Hutchinson of the 133rd:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Lee County into the office of the Tax Commissioner of Lee County.

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JOURNAL OF THE SENATE,

HB 454. By Representatives Wood, Whitmire and Jackson 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, at least one half of the total amount thereof shall be paid by August 1; and the balance shall be paid by December 1.

HB 457. By Representatives Rush of the 121st and Phillips of the 120th:
A bill to amend an Act placing the Sheriff of Toombs County upon an annual salary in lieu of the fee system, so as to change the compensa tion of the sheriff.

HB 458. By Representatives Rush of the 121st and Phillips of the 120th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Toombs County into the office of Tax Commissioner, so as to change the compensation of the tax commissioner.

HB 464. By Representatives Pinkston of the 100th, Banks of the 104th 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.

HB 468. By Representative Castleberry of the lllth:
A bill to amend an Act creating the Board of Commissioners of Quitman County, so as to change the terms of office of members.

HB 469. By Representative Castleberry of the lllth:
A bill to amend an Act providing for the compensation of the Treasurer of Quitman County, so as to change the compensation of the Treasurer.

HB 470. By Representative Adams of the 79th:
A bill to provide for the compensation of the Sheriff of Upson County; to provide for said salary to be in lieu of the fee system of compensa tion.

HB 471. By Representative Adams of the 79th:
A bill to amend an Act changing the terms of office of the Commis sioners of Roads and Revenues of Upson County.

HB 472. By Representative Adams of the 79th: A bill to provide that at the expiration of the term of office of the

THURSDAY, FEBRUARY 13, 1975

419

present Upson County School Superintendent, the Board of Education shall appoint the school superintendent.

HB 476. By Representative Snow of the 1st:
A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to create a public use area within the Town of Fort Oglethorpe.

HB 478. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act abolishing the fee system of compensating the Coroner of Houston County and providing for an annual salary, so as to change the compensation provisions relating to the coroner.

HB 480. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating a Board of Commissioners of Houston County, so as to provide that vacancies in the membership of the Hospital Authority shall be filled by the Board of Commissioners.

HB 485. By Representative Smith of the 78th:
A bill to amend an Act abolishing the fee system of compensating the Tax Commissioner of Lamar County and providing for an annual salary, so as to change the compensation of said tax commissioner.

HB 486. By Representative Smith of the 78th:
A bill to amend an Act abolishing the fee system of compensating the Judge of the Probate Court (formerly Ordinary) of Lamar County, so as to change the compensation of said judge.

HB 21. By Representative Bray of the 70th:
A bill to amend Code Section 113-602, relating to the probate of a will in solemn form 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.

The House has adopted by the requisite constitutional majority the follow ing resolution of the House, to-wit:

HR 109. By Representative Sigman of the 74th:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to prescribe by law applicable to Newton County 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, the time for payment of taxes and other charges.

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JOURNAL OF THE SENATE,

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

HB 47. By Representatives Egan of the 25th and Murphy of the 18th:
A bill providing an additional method for the exercise of the power of eminent domain before a special master so as to change the compen sation of the special master.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 250. By Senator Reynolds- of the 48th:
A bill to amend an Act known as the Georgia Code of Public Trans portation, as amended, so as to provide that the Department of Trans portation may contract to allow rapid transit authorities created by the General Assembly to plan, design and construct certain portions of the State Highway System. Referred to Committee on Transportation.
SB 251. By Senator Reynolds of the 48th:
A bill to amend an Act known as the Georgia Code of Public Trans portation, as amended, so as to make certain grammatical corrections; to provide for, and clarify the positions of parties to, procurement contracts involving business, professional, or other services. Referred to Committee on Transportation.
SB 252. By Senator Overby of the 49th:
A bill to amend an Act fixing the salaries of judges of the superior courts, as amended, so as to change the provisions relative to secretaries of district attorneys. Referred to Committee on Judiciary.
SB 253. By Senators Hudson of the 35th, Stephens of the 36th and Hamilton of the 34th:
A bill to amend Code Section 34-1401, relating to the definition of an absentee elector, as amended, so as to provide that the definition of an absentee elector shall include, at the option of the elector, any elector of this State who is 65 years of age or older. Referred to Committee on Rules.
SB 254. By Senators Sutton of the 9th and Young of the 13th:
A bill to amend Code Section 47-102, relating to Senatorial Districts, as amended, so as to change the provisions relative to certain Senatorial Districts; to provide an effective date. Referred to Committee on Rules.

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421

SB 255. By Senator 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, as amended, so as to provide that eligible students must be full-time students as of the beginning of each school term for which such grant is paid. Referred to Committee on Appropriations.

SB 256. By Senator Starr of the 44th:
A bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to prisons, public works camps and prisoners, as amended, so as to provide that within a reasonable time after conviction of a person the clerk of the court shall notify the Director of Corrections. Referred to Committee on Offender Rehabilitation.

SR 76. By Senators McGill of the 24th, Turner of the 8th, Timmons of the llth and others:
A resolution encouraging continuation of responsible programs for the eradication of fire ants. Referred to Committee on Agriculture.

SR 77. By Senators Sutton of the 9th, Eldridge of the 7th and Young of the 13th:
A resolution providing for the creation of the Georgia Agrirama Development Authority Overview Committee to generally oversee the operations of the Georgia Agrirama Development Authority. Referred to Committee on Rules.

SR 78. By Senators Sutton of the 9th, Eldridge of the 7th and Young of the 13th:
A resolution authorizing an annual expenditure of $5,000 for the operation of the Georgia Agrirama Development Authority Overview Committee. Referred to Committee on Appropriations.

The following bills and resolution of the House were read the first time and referred to committees:
HB 21. By Mr. Bray of the 70th:
A bill to amend Code Section 113-602, relating to the probate of a will in solemn form 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.

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JOURNAL OF THE SENATE,

HB 379. By Messrs. Mullinax of the 69th and Ware of the 68th:
A bill to create the Downtown LaGrange Development Authority; to create the Downtown LaGrange District. Referred to Committee on County and Urban Affairs.

HB 385. By Mrs. Richardson of the 52nd, Messrs. Hawkins of the 50th, Linder of the 44th and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected so as to change the provisions relative to school board districts. Referred to Committee on County and Urban Affairs.

HB 402. By Messrs. Logan of the 62nd and Russell of the 64th:
A bill to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof" so as to provide that a majority of the votes cast by electors shall be required for election to the office of Mayor, Alderman, and Recorder of the Recorder's Court for the City of Athens. Referred to Committee on County and Urban Affairs.

HB 403. By Messrs. Logan of the 62nd and Russell of the 64th:
A bill to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof" so as to define the duties and powers of the mayor. Referred to Committee on County and Urban Affairs.

HB 408. By Mr. Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County so as to change the salary of the judge of said court. Referred to Committee on County and Urban Affairs.

HB 409. By Mr. Chance of the 129th:
A bill to amend an Act creating a charter for the Town of Rincon so as to change the qualifications of candidates for mayor or alderman of said town. Referred to Committee on County and Urban Affairs.

HB 426, By Messrs. Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a new charter for the City of West Point so as to authorize and empower the Mayor and Aldermen of the City of West Point to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, at any time and from time to time, any real property owned by the City of West Point which is not needed for municipal purposes.
Referred to Committee on County and Urban Affairs.

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423

HB 431. By Messrs. Wheeler and Foster of the 152nd:
A bill to abolish the present mode of compensating the Clerk of the Superior Court 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 435. By Messrs. Waddle of the 113th and Watson of the 114th:
A bill to create and establish the State Court of Houston County pur suant to Article VI, Section IX, Paragraph I of the Constitution; to provide for the jurisdiction of said court. Referred to Committee on County and Urban Affairs.

HB 441. By Mr. Shanahan of the 7th:
A bill to amend an Act providing for the office of Commissioner of Gordon County, so as to provide for a Board of Commissioners of Gordon County. Referred to Committee on County and Urban Affairs.

HB 446. By Mr. Hutchinson of the 133rd:
A bill to amend an Act entitled "An Act to provide as compensation for the treasurer of Lee County a salary of $700 per year, instead of the commissions heretofore allowed by law", so as to change the compen sation of the treasurer. Referred to Committee on County and Urban Affairs.

HB 447. By Mr. Hutchinson of the 133rd:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change the provision relating to the salary of the sheriff. Referred to Committee on County and Urban Affairs.

HB 448. By Mr. Hutchinson of the 133rd:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Lee County into the office of the Tax Commissioner of Lee County. Referred to Committee on County and Urban Affairs.
HB 454. By Messrs. Wood, Whitmire and Jackson 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, at least one-half of the total amount thereof shall be paid by August 1; and the balance shall be paid by December 1. Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 457. By Messrs. Rush of the 121st and Phillips of the 120th:
A bill to amend an Act placing the Sheriff of Toombs County upon an annual salary in lieu of the fee system, so as to change the compen sation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 458. By Messrs. Rush of the 121st and Phillips of the 120th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Toombs County into the office of Tax Commissioner, so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 464. By Messrs. Pinkston of the 100th, Banks of the 104th, Evans of the 99th and Lucas of the 102nd:
A bill to amend an Act reenacting the charter of the City of Macon, so as to abolish the Board of Water Commissioners. Referred to Committee on County and Urban Affairs.

HB 468. By Mr. Castleberry of the lllth:
A bill to amend an Act creating the Board of Commissioners of Quitman County, so as to change the terms of office of members. Referred to Committee on County and Urban Affairs.

HB 469. By Mr. Castleberry of the lllth:
A bill to amend an Act providing for the compensation of the Trea surer of Quitman County, so as to change the compensation of the Treasurer. Referred to Committee on County and Urban Affairs.

HB 470. By Mr. Adams of the 79th:
A bill to provide for the compensation of the Sheriff of Upson County; to provide for said salary to be in lieu of the fee system of compensa tion. Referred to Committee on County and Urban Affairs.

HB 471. By Mr. Adams of the 79th:
A bill to amend an Act changing the terms of office of the Commis sioners of Roads and Revenues of Upson County. Referred to Committee on County and Urban Affairs.

HB 472, By Mr. Adams of the 79th: A bill to provide that at the expiration of the term of office of the

THURSDAY, FEBRUARY 13, 1975

425

present Upson County School Superintendent, the Board of Educa tion shall appoint the school superintendent.
Referred to Committee on County and Urban Affairs.

HB 476. By Mr. Snow of the 1st:
A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to create a public use area within the Town of Fort Oglethorpe. Referred to Committee on County and Urban Affairs.

HB 478. By Messrs. Waddle of the 113th and Watson of the 114th:
A bill to amend an Act abolishing the fee system of compensating the Coroner of Houston County and providing for an annual salary, so as to change the compensation provisions relating to the coroner. Referred to Committee on County and Urban Affairs.

HB 480. By Messrs. Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating a Board of Commissioners of Houston County, so as to provide that vacancies in the membership of the Hospital Authority shall be filled by the Board of Commissioners. Referred to Committee on County and Urban Affairs.

HB 485. By Mr. Smith of the 78th:
A bill to amend an Act abolishing the fee system of compensating the Tax Commissioner of Lamar County and providing for an annual salary, so as to change the compensation of said tax commissioner. Referred to Committee on County and Urban Affairs.

HB 486. By Mr. Smith of the 78th:
A bill to amend an Act abolishing the fee system of compensating the Judge of the Probate Court (formerly Ordinary) of Lamar County, so as to change the compensation of said judge. Referred to Committee on County and Urban Affairs.

HR 109. By Mr. Sigman of the 74th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to prescribe by law applicable to New ton County 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, the time for payment of taxes and other charges.
Referred to Committee on County and Urban Affairs.

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

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JOURNAL OF THE SENATE,

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 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 177. Do pass.
SB 178. Do pass as amended.
SB 187. Do pass.
SB 195. Do pass.
SR 51. Do pass.

Respectfully submitted, Kidd of 25th District, Chairman.

Senator Doss of the 52nd District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. President:
Your Committee on Higher Education has had under consideration the fol lowing bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 194. Do pass.
Respectfully submitted, Doss of 52nd District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources 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 84. Do pass. SB 152. Do pass. SB 188. Do pass.

THURSDAY, FEBRUARY 13, 1975

427

SB 204. Do pass.

Respectfully submitted, Fincher of 54th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources has had under consideration the following bill and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 189. Do pass by substitute. SR 53. Do pass by substitute. SR 57. Do pass by substitute.
Respectfully submitted, Fincher of 54th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 28. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 23. Do pass.

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JOURNAL OF THE SENATE,

SR 66. Do pass. HB 177. Do pass. HR 39. Do pass as amended.

Respectfully submitted, Eldridge of 7th District, Chairman.

Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. President:
Your Committee on Transportation 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 3. Do not pass. SB 142. Do not pass. SB 244. Do pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

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

SB 82. By Senators Tate of the 38th and Bond of the 39th:
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 permit certain teachers an option of remaining a member or becoming a member of a local retirement fund.

SB 109. By Senators Lewis of the 21st, Young of the 13th, Pearce of the 16th and others:
A bill to amend an Act creating the office of Solicitor General (now District Attorney) Emeritus and creating a retirement fund, approved Feb. 17, 1949 (Ga. Laws 1949, p. 780), as amended, so as to provide for eligibility for appointment and for retirement benefits, and for payments into the fund.

SB 143. By Senator Tysinger of the 41st:
A bill to amend an Act authorizing the use of radar detection devices by the various counties and municipalities of this State, approved Mar.

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429

27, 1968 (Ga. Laws 1968, p. 425), as amended, so as to make certain exceptions to the requirement that cases and convictions based on the use of speed detection devices be limited to speed in excess of ten miles per hour above the posted limit.

SB 155. By Senators Garrard of the 37th and Coverdell of the 40th: A bill to amend Code Section 39-1105 relating to fees for advertising, as amended, so as to change certain fees.
SB 157. By Senators Foster of the 50th, Stumbaugh of the 55th and Barker of the 18th: A bill to authorize the Department of Administrative Services to permit Area Planning and Development Commissions to make purchases through the State and to issue purchase orders for Area Planning and Development Commissions.
SB 167. By Senators Barker of the 18th, Hudgins of the 15th, Russell of the 10th and others: A bill to provide for the issuance of free motor vehicle license tags to former prisoners of war in Southeast Asia and the wives of persons Missing in Action in Southeast Asia who reside in Georgia; to provide the procedures connected therewith.
SB 168. By Senators Barker of the 18th, Hudgins of the 15th, Russell of the 10th and others: A bill to provide that certain veterans shall be entitled to receive honorrary driver's licenses; to provide that the surviving spouse of certain veterans shall be entitled to receive honorary driver's licenses; to pro vide that the spouse of certain veterans shall be entitled to receive honorary driver's licenses.
SB 158. By Senator Sutton of the 9th: A bill to provide a new Charter for the City of Ellenton, Georgia, in the county of Colquitt; to provide for the incorporation of said city; to provide for corporate boundaries; to provide for maps and descrip tions of the corporate boundaries; to provide for the corporate powers of the government of the City of Ellenton, to be exercised by the gov erning authority.
SB 171. By Senator Broun of the 46th: A bill to amend an Act creating the Board of Commissioners of Oconee County, as amended, so as to change the provisions relating to the composition and election of the said board of commissioners.

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JOURNAL OF THE SENATE,

HB 137. By Messrs. Kreeger and Burruss of the 21st, Nix of the 20th and others:
A bill to amend an Act providing for a new Charter for the City of Marietta so as to change the corporate limits of said city.

HB 189. By Messrs. Carlisle and Mostiler of the 71st:
A bill to amend an Act incorporating the City of Sunny Side and pro viding a new charter for the government so as to change the provisions relative to the governing body of said City.

HB 205. By Messrs. Triplett of the 128th, Jones of the 126th, Chance of the 129th and others:
A bill to amend an Act incorporating the City of Port Wentworth so as to extend the corporate limits of said City and annex and incorporate certain additional land into said City.

HB 225. By Mr. Wall of the 61st:
A bill to amend an Act to create a new charter for the Town of Auburn so as to change the residency requirement for voting in the elections of said town.

HB 273. By Mr. Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Pulaski County upon an annual salary so as to change the provisions relating to deputy sheriffs.
HB 278. By Messrs. Rush of the 121st and Clifton of the 107th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Tattnall County into the office of Tax Commissioner of Tattnall County.
HB 279. By Messrs. Rush of the 121st and Clifton of the 107th:
A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary so as to change the provisions relating to the compensation of personnel of the clerk's office.

HB 305. By Mr. Bray of the 70th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court (formerly known as the Ordinary) and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to change the compen sation provisions relating to the clerk of the judge of the probate court.

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431

HB 320. By Mr. Walker of the 115th:
A bill to create a new charter for the City of Oglethorpe; to provide for incorporation of the City; to provide for corporate limits.

HR 59. By Mr. Wall of the 61st:
A resolution proposing an amendment to the Constitution so as to pro vide that the homestead of residents of the Town of Auburn shall be granted a homestead exemption of $2,000 from all ad valorem taxation by said town.

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

Ballard Banks Barker Barnes Bell Bond Brantley
Broun of 46th Brown of 47th
Carter
Coverdell Dean of 6th Dean of 31st
Doss Pincher Poster
Garrard

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson
Kennedy
Kidd Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh
Sutton
Tate
Thompson
Timmons
Traylor
Turner
Tysinger
Warren
Young

Those not answering were Senators:

Duncan Eldridge Gillis

Holloway Pearce

Riley Summers

Senator Dean of the 31st introduced as chaplain, The Reverend Shelby Cook, pastor, Anna Kresge Methodist Church, Cedartown, Georgia, who offered scripture reading and prayer.

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

SR 53. By Senator Kidd of the 25th: A resolution relative to certain mentally ill persons.

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JOURNAL OF THE SENATE,

The Committee on Human Resources offered the following substitute to SR 53:

A RESOLUTION

Relative to certain mentally ill persons; and for other purposes.

WHEREAS, certain mentally ill inmates within the State prison system and persons who have been acquitted in criminal trials because of insanity are transferred to Central State Hospital, Milledgeville, Georgia; and

WHEREAS, according to Georgia law, inmates transferred from prisons should be placed in the criminal ward of the hospital where there is maximum security; and

WHEREAS, the superintendent of such facility has been autho rized by law to take certain procedures to assure the continued hospitalization of mentally ill persons who have committed crimes; and

WHEREAS, in recent months, there appears to have been a relaxa tion of security measures, leading to escapes and further violent acts by mentally ill inmates; and

WHEREAS, although the State prison system is overcrowded, the prisons, and especially the hospitals for mentally ill persons who have committed crimes, will have to maintain adequate security to protect the people of this State from further violent criminal acts.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this Body does hereby express its deepest concern over criminal acts being committed by mentally ill persons who have escaped from institutions of this State and does hereby urge that such institutions use the means available to them to prohibit such further escapes and criminal acts.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this resolution to the Director of the Mental Health Division, Depart ment of Human Resources, and to the Commissioner, Department of Offender Rehabilitation.

The committee substitute was read and adopted.

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

The resolution was read and adopted by substitute.

THURSDAY, FEBRUARY 13, 1975

433

The following resolutions of the Senate, favorably reported by the com mittees, were read the third time and adopted:

SR 23. By Senators Traylor of the 3rd, Turner of the 8th and Eldridge of the 7th:
A resolution relative to the "Love Bug" infestation in Georgia.

SR 51. By Senator Kidd of the 25th: A resolution relative to the voter registration of high school students.

SR 66. By Senators Tate of the 38th and Bond of the 39th: A resolution recognizing Black History Week.

The following resolution of the Senate was read and adopted:

SR 61. By Senators Hamilton of the 26th and Robinson of the 27th: A resolution commending Mrs. Betty J. Lewis.

SENATE CALENDAR
Thursday, February 13, 1975
SB 131. Personnel Board and Merit System--revise laws (SUB) SR 25. New State Personnel Board--create SB 57. Pupil Transportation--funds to pay expenses SB 61. Drawbridge Warning Devices--provide (AM) SB 66. Agrirama Development Authority-power of eminent
domain over property SB 83. Speed Restrictions--provide (SUB) SB 99. Board of Chiropractic Examiners--compensation SB 107. Georgia Criminal Justice Council--create (SUB) SB 125. Legal Interest Rate Allowable by Contract--change SB 126. Legal Interest Rate on Loans Paid Monthly, Quarterly,
Yearly--change SB 129. Health and Accident Insurance--who may offer (SUB) SB 132. Good Title to Property by Adverse Possession--addi
tional method (AM) SB 137. Attorney General and District Attorneys---.may grant
immunity

434

JOURNAL OF THE SENATE,

SB 160. MARTA Board of Directors--membership SR 31. General Assembly Salaries--no change during terms

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 131. By Senator Kidd of the 25th:
A bill to completely and exhaustively revise, supersede and consolidate the laws relating to the State Personnel Board and the State Merit System of Personnel Administration; to provide for a declaration of purpose; to define certain terms; to prescribe the functions, powers and duties of the board.

The Committee on Economy, Reorganization and Efficiency in Government offered the following substitute to SB 131:
A BILL
To be entitled an Act to completely and exhaustively revise, super sede and consolidate the laws relating to the State Personnel Board and the State Merit System of Personnel Administration; to provide for a declaration of purpose; to define certain terms; to prescribe the func tions, powers and duties of the board; to provide for the compensation of the members of the board; to prescribe the duties and responsibilities of the State Commissioner of Personnel Administration; to provide for the appointment of the commissioner; to provide for a Merit System Executive Assistant; to provide for financing the State Merit System; to provide for a classified and unclassified service; to provide for legis lative employees; to provide for employee hearings upon dismissals; to provide for payroll certification procedures; to provide for action by the State Auditor on payroll exceptions; to provide for an annual audit of merit system operation; to provide for the submission of statistical data to the State Merit System by departments; to provide for a Coun cil for State Personnel Administration; to provide for continued rights of State Merit System personnel; to provide for penalties for violations of this Act; to provide an effective date; to provide for severability; to repeal a specific law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Declaration of Purpose. It is the purpose of this Act to establish in the State a system of personnel administration based on merit principles and scientific methods governing the classification of positions and the employment, conduct, movement and separation of public officers and employees. It is also the purpose of this Act to build a career service in government which will attract, select and retain the best of our citizens on merit, free from coercive political influences, with incentives in the form of genuine opportunities for promotions in

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the service, which will eliminate unnecessary and inefficient employees and which will provide technically competent and loyal personnel to render impartial service to the public at all times, and to render such service according to the dictates of ethics and morality. In order to achieve these purposes, it is the declared policy of the State that the merit system hereby established be applied and administered in ac cordance with the following principles:

(a) Equal opportunity for all regardless of race, religion or politics. No person shall be discriminated against in any case because of any physical handicap in examination, appointment, reinstatement, reemployment, promotion, transfer, demotion or removal with respect to any position the duties of which, in the opinion of the State Com missioner of Personnel Administration, may be efficiently performed by a person with such a physical handicap; provided that the employ ment will not be hazardous to the appointee or endanger the health or safety of his fellow employees or others.
(b) Impartial selection of the ablest person for government service by means of competitive tests which are fair, objective and practical.

(c) Just opportunity for competent employees to be promoted within the service.
(d) Reasonable job security for the competent employee, including the right of appeal from personnel actions.
(e) Systematic classification of all positions through adequate job evaluation.

(f) Proper balance in employer-employee relations to achieve a well-trained, productive and happy working force.

Section 2. Definitions. The following terms shall have the meanings respectively ascribed to them when used in this Act for the purposes of this Act, unless the context clearly requires a different meaning:
(a) "Classified service" means all employees of State departments as defined herein, and of local Departments of Health, and County Departments of Family and Children Services, Director of the Georgia Forestry Commission, and local employees of the Department of Defense as defined by law, except those officers and employees excluded by this Act.

(b) "Unclassified service" means the following officers and em ployees excluded from the classified service by this Act:

(1) members of the General Assembly;

(2) persons elected or appointed by the General Assembly, employees of the General Assembly, officials and employees of the Department of Audits and the Legislative Counsel;

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(3) officers, officials and employees comprising the Executive Office of the Governor, except those officers, officials and em ployees already covered by the State Merit System by law or executive order;

(4) officers, officials and employees comprising the Office of the Lieutenant Governor;

(5) officers and officials elected by popular vote and persons appointed to fill vacancies in elective offices;

(6) members of boards and commissions appointed by the Governor or the General Assembly;

(7) the heads of departments or agencies appointed by boards or commissions appointed by the Governor or the General Assembly, except where specifically included;

(8) justices, judges, officials, officers and employees of the judicial branch;

(9) members, the Chancellor and Vice Chancellors of the Board of Regents and all officers, officials and employees of the State University System, except those officers, officials and em ployees already eligible to be covered by the State Merit System by law or executive order;

(10) the officers, officials and employees of the State Depart ment of Transportation, except those officers, officials and em ployees already eligible to be covered by the State Merit System by law or executive order;

(11) the officers, officials and employees of the Department of Law, except those officers, officials and employees already covered by the State Merit System by law or executive order;

(12) a deputy or deputies to the heads of departments of agencies according to the size of the department, provided that the State Commissioner of Personnel Administration shall prescribe the conditions under which more than one deputy may be excluded;

(13) a confidential secretary for the head of each department as recommended by the Governor and approved by the State Com missioner of Personnel Administration;

(14) members of the military forces of the State while engaged in military service;

(15) members of Unemployment Compensation Boards of Review and appeals tribunals representing employer, employee and the general public interest;

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437

(16) State and local officials serving ex-officio or emeritus and performing incidental duties;

(17) members of other advisory councils, committees or similar bodies within the State Merit System;

(18) part-time or temporary employees rendering medical, nursing or other professional, scientific or technical services who are not engaged in the performance of administrative duties under the merit system; provided such employees meet the minimum re quirements of education and experience established by the appoint ing authority and such employment is approved by the State Com missioner of Personnel Administration;

(19) prisoners, inmate, student or patient help working in or about institutions;

(20) per diem employees engaged in skilled or unskilled work on a seasonal or intermittent basis, provided that the State Com missioner of Personnel Administration has authorized such em ployment;

(21) commission and contract salesmen and hourly or per diem skilled and unskilled laborers working at the Factory for the Blind;

(22) positions specifically excluded by law or those of a purely policy-making or confidential nature as recommended by the Gover nor and approved by the State Commissioner of Personnel Adminis tration ;

(23) time-limited positions established for the purpose of conducting a specific study, investigation or project, subject to the approval of the State Commissioner of Personnel Administra tion;

(24) additional positions of unique functions as may be autho rized by policy of the State Personnel Board or by executive action of the State Commissioner of Personnel Administration.

(c) "Department" and "agency" shall be synonymous and mean all separate and distinct divisions and subdivisions of State govern ment whose heads are legally authorized to appoint employees to posi tions but shall not include authorities and public corporations. "Depart ment" and "agency" shall include local Departments of Public Health, County Departments of Family and Children Services and local em
ployees of the Department of Defense.

(d) "Rules and regulations" and "merit system rules and regula tions" mean the governing provisions of the State Merit System, as promulgated by the State Commissioner of Personnel Administration

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and approved by the Governor, which give force and effect to the policies of the State Personnel Board.
(e) "State Personnel Board policies" mean those policies adopted by the board and approved by the Governor which describe the goals and objectives of the State personnel program and serve as a basis for the formulation and administration of the merit system rules and regulations.

(f) "Position" means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.

(g) "Positions of purely policy-making nature" mean those posi tions charged with the primary responsibility and authority for the promulgation, implementation and enforcement of departmental policies.
(h) "State Personnel Board" and "board" are synonymous and mean the body authorized by Article XIV, Section I, Paragraph I of the Constitution of the State of Georgia.
(i) "Appointing authority" means the person or groups of persons authorized by law or lawfully delegated authority to make appoint ments to fill positions.

(j) "Covered position" means a position subject to the rules and regulations of the State Merit System.

(k) "Covered employee" means an employee subject to the rules and regulations of the State Merit System.
(1) "Confidential position" means a position which by its nature is entrusted with private or restricted information of a type which would preclude its inclusion in the classified service.
(m) "Department covered by the State Merit System" means that a department has one or more covered positions or employees under the State Merit System of Personnel Administration.

(n) "State Commissioner of Personnel Administration" and "com missioner" mean the chief administrative employee of the State Merit System who is responsible for administering the State personnel pro gram in accordance with applicable State and federal laws and the policies of the State Personnel Board.
Section 3. Employees in the Legislative Branch of Government. Any other provisions of this Act to the contrary notwithstanding, an employee of the legislative branch of government may become a covered employee in the manner as provided for hereinafter. As relates to em ployees in the Office of the Lieutenant Governor and employees of the Senate, its officers and its committees, the Lieutenant Governor shall act. As relates to employees in the Office of the Speaker of the House of Representatives and employees of the House, its officers and its

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committees, the Speaker of the House shall act. As relates to employees in the Office of the Secretary of the Senate, the Secretary of the Senate shall act. As relates to employees in the Office of the Clerk of the House of Representatives, the Clerk of the House shall act. As relates to employees in the Office of Legislative Counsel, the Legislative Counsel shall act. As relates to employees in the Office of the Legislative Budget Analyst, the Legislative Budget Analyst shall act. As relates to employees in the Office of Fiscal Officer, the Fiscal Officer shall act. The above officers or officials shall notify the State Merit System, in writing, the position, employees or employee which are to become a covered position or covered employee under the provisions of this Act and the effective date thereof. On said date, the provisions of this Act as they relate to such covered employees shall apply.

Section 4. Functions, Powers and Duties of the Board; Compensa tion of Members. The State Personnel Board shall prescribe the general policies by which the State Merit System shall be administered. The board shall hold regular meetings at least once each month and may hold additional meetings as may be required for the proper discharge of its duties. Members of the board shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transporta tion cost as authorized by an Act which provides for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701).

It shall be the specific duty and function of the State Personnel Board:
(a) To represent the public interest in the improvement of per sonnel administration in the State departments covered by the State Merit System.
(b) To determine appropriate goals and objectives for the State Merit System and prescribe policies for their accomplishment.

(c) After public hearings, to make recommendations to the Gover nor relative to the adoption and amendment of policies, rules and regula tions effectuating the State Merit System of Personnel Administration. Board policies, as approved by the Governor, shall serve as the basis for the promulgation of merit system rules and regulations. Prior to the approval of new and amended rules and regulations, as hereinafter provided, the Governor shall give due and just consideration to ap plicable board policies and recommendations.

(d) To conduct hearings and render decisions on dismissals and other purported violations of the rules and regulations in the several departments which are included in the career service, with the pro vision that the State Personnel Board is authorized to appoint a hearing officer(s) for the purpose of holding hearings, compiling evidence and submitting said evidence to the State Personnel Board for its determina tion and for making investigations on behalf of the board relating to personnel matters. All appeals determinations of the board shall be written and documented as to findings of fact, basis for decisions and prescribed remedies.

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(e) Through policy direction, to assure the administration of State and federal laws relating to State personnel administration.

(f) To establish an annual budget covering all the costs of State Personnel Board operations, said budget to be incorporated as a com ponent of the annual budget of the State Merit System.

(g) To promote public understanding of the purposes, policies and practices of the State Merit System of Personnel Administration and to advise and assist the several State departments in fostering merit selection and securing the interest of institutions of learning and of civic, professional and other organizations in the improvement of personnel standards under the State Merit System.

Section 5. State Commissioner of Personnel Administration. There is hereby created the position of State Commissioner of Personnel Administration. The commissioner shall be appointed by the Governor, subject to confirmation by the Senate. Appointees to this position shall be persons with extensive professional backgrounds in the field of personnel administration. Terms and conditions of employment and the salary of the commissioner shall be set by the Governor, with the advice of the board. The commissioner shall serve for a term of six years, provided, however, that his performance shall be subject to the continuing review of the Governor and further provided that he may be replaced for good and just cause by the Governor at any time during his term of office. There shall be no limit upon the number of terms that a commissioner may serve, but a formal appointment or reappointment shall be made by the Governor every six years.

The duties and responsibilities of the commissioner shall be:

(a) To serve as Executive Secretary to the board, and to provide such professional, technical and other supportive assistance as may be required by the board in the performance of its duties.

(b) Consistent with board policy, to administer the operations of the State Merit System and to otherwise act in the capacity of director of the State personnel administration program.

(c) To promulgate and submit to the Governor, through the State Personnel Board, rules and regulations effectuating the State Merit System. Such merit system rules and regulations, when approved by the Governor, shall have the force and effect of law and shall be binding upon the State departments covered by this Act and shall include pro visions for the establishment and maintenance of classification and compensation plans, the conduct of examinations and the establishment of registers of persons eligible for appointment under the merit system, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, reinstatement, appeals, reports of per formance, payroll certification, employee training and all other phases of merit system administration. Such rules and regulations shall define and prohibit improper political activity by any departmental employee of the State Personnel Board or any employee covered under the terms

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of the State Merit System and shall provide that there shall be no discrimination for or against any person or employee because of political affiliation, religious affiliation, race, creed, national origin, sex, age or physical handicap.

(1) The rules and regulations promulgated by the commis sioner shall be consistent with board policies and shall conform to the minimum standards for merit systems of personnel administra tion as have been specified by those federal departments from which federal funds are obtained for use by the several State departments covered by this Act.

(2) The rules and regulations of the State Personnel Board in effect on the effective date of this Act shall be immediately revised and amended in order to reflect the proper legal and administrative relationships between the Governor, the board, the commissioner and the State Merit System. Such revisions shall be finalized and submitted to the Governor for approval within 60 days after the effective date of this Act.

(3) Compensation plans and modifications thereto promulgated under the rules and regulations shall become effective as adopted, upon approval of the Director of the State Office of Planning and Budget.

(d) To administer the rules and regulations and all other opera tional aspects of the State Merit System and to assure compliance therewith in all the departments covered by the State Merit System.

(e) To appoint and prescribe the duties of the merit system staff, all positions of which shall be included in the classified service except as otherwise provided in this Act.

(f) To establish an annual budget covering all the costs of operat ing the State Merit System of Personnel Administration, including the State Personnel Board, and the costs of administering such federal laws relating to personnel administration as the Governor may direct, including the Intergovernmental Personnel Act of 1970, and to deter mine an equitable basis of prorating said annual costs among the several departments covered by the State Merit System of Personnel Administration; provided that upon approval of such budget by the Governor, he shall be empowered to direct that the necessary pro rata share of the several assessed departments concerned be made available for expenditure by the State Merit System in the same manner as ap propriated funds are expended by other departments of the State.

(g) To administer such federal laws relating to personnel adminis tration as the Governor may direct, including the Intergovernmental
Personnel Act of 1970.

(h) To attend all meetings of the State Personnel Board.

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(i) To cooperate fully with appointing authorities in the adminis tration of this Act in order to promote public service and establish conditions of service which will attract and retain employees of char acter and capacity and to increase efficiency and economy in govern mental departments by the improvement of methods of personnel ad ministration with full recognition of the requirements and needs of management.
Section 6. State Merit System Executive Assistant. There is hereby created the position of Merit System Executive Assistant which shall be filled by appointment by the State Commissioner of Personnel Administration. This position shall be within the State's classified service and shall, in addition to such other qualifications as may be specified by the commissioner, require that any appointee thereto possess legal training and/or experience. It shall be the duty and responsibility of such executive assistant:
(a) to advise the board and commissioner relative to the formula tion and promulgation of policies, rules and regulations, assuring that such policies, rules and regulations are consistent with applicable State and federal laws and regulations;
(b) to render, on behalf of the merit system and commissioner, administrative interpretations of the rules and regulations;
(c) to render necessary technical assistance in the proper conduct of the State Merit System's various service programs and regulated activities;
(d) to serve as merit system liaison officer with the State Attorney General and to assure that all matters of law relating to State Merit System operations are properly referred to the Attorney General for appropriate action.
Nothing in this Section shall repeal, inhibit or restrict the authority of the Attorney General or the State Department of Law as such au thority is or may be established by law.

Section 7. Classified and Unclassified Service. There shall be a classified and an unclassified service, (a) The classified service, as defined by Section 1 of this Act, shall consist of all positions now existing in the State departments or hereafter established, except those included in the unclassified service. Such positions shall be covered by the State Merit System. Further, any officer or employee who has acquired a valid permanent status under the State Merit System exist ing on the effective date of this Act shall continue in such status and shall not be required to take further or new examinations in order to retain such status. Further, no position now existing or hereafter established shall be excluded from the classified service by this Act, except as provided for in this Act. When deemed appropriate, addi tional departments or portions thereof and their included positions may be made a part of the classified service by Executive Order of the Governor or through appropriate legislative acts.

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(b) The unclassified service, as defined by Section 1 of this Act, shall consist of all positions in the departments of State government not included in the classified service under this Act and shall not be subject to the rules and regulations of the State Merit System, with the pro vision that no position now existing which is covered by the State Merit System shall be excluded from the classified service by this Act.

(c) Exclusion from the classified service shall not exclude any employee, officer or official from eligibility for membership or mem bership in the Employees' Retirement System of Georgia; provided that such employee, officer or official is otherwise eligible for member ship under the Act governing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended.

Section 8. Adverse Actions, Appeals and Hearings, (a) No em
ployee of any department who is included under this Act or hereafter included under its authority and who is subject to the rules and regula tions prescribed by the State Merit System may be dismissed from said department or otherwise adversely affected as to compensation or em ployment status except for good cause as shall be specified in the rules and regulations of the State Merit System; provided, however, that this provision shall not apply to persons separated from any department due to curtailment of funds or reduction in staff when such separation is in accordance with said rules and regulations. The decision of the board on such an appeal as to whether or not the dismissal or other adverse action was for proper cause and in accordance with the rules and regulations prescribed by the State Merit System shall be binding upon the appointing authority of the employing department. The board may modify the action of the department but may not increase the severity of such action on the employee. Such appointing authority shall promptly comply with such order as may be issued as a result of the appeal to the State Personnel Board. The decision of the board shall not limit the rights of the employee or the department to judicial review as to errors of law.

(b) As provided in Section 3(d) of this Act, the State Personnel Board is authorized to employ a hearing officer(s) for the purpose of holding hearings and otherwise assisting in the resolution of appeals.

Section 9. Certification of Payrolls; Departmental Statistical Data, (a) A copy of the payroll(s) of each department covered by this Act shall be submitted to the State Commissioner of Personnel Administra tion within 30 calendar days following each payroll period, except for those payrolls of local Departments of Health and County Departments of Family and Children Services in which case a 60-calendar-day sub mission deadline will be applicable. The commissioner shall review the payroll for conformity with State Merit System rules and regulations and certify whether the payroll conforms to the said rules and regula tions within 60 calendar days after its receipt. Practices and procedures not in accordance with the rules and regulations shall be forwarded as payroll exceptions to the concerned department and the State Auditor, who shall treat such exceptions in the same manner as all
other audit exceptions.

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(b) In order to furnish the Governor, the General Assembly and the general public with statistical information which can be used in planning departmental programs and budgeting, each official required under present law to submit a quarterly budget to the State Office of Planning and Budget shall submit such payroll and other essential personnel data as may be prescribed and approved by the Governor to the State Commissioner of Personnel Administration, who shall compile and consolidate reports pertaining to the number of personnel, salaries, length of service, type of work, distribution of employees by depart ments and other pertinent personnel information.

Section 10. Performance Audit of Merit System Operations. The State Auditor shall perform periodic operational audits of State Merit System operations. Such audits shall be performed at the direction of the Governor, provided, however, that at least one such audit shall be conducted every four years. Reports of audit findings shall be filed with the board, commissioner, Governor and members of the General Assembly. In conducting these audits, the State Auditor shall seek the advice of the officers of the Council for State Personnel Administration and of the personnel officers of the State departments regulated and served by the merit system. Audit reports shall specify areas of State Merit System strengths and weaknesses, recommendations for system improvements and such other quantitative data as may be beneficial.

Section 11. Council for State Personnel Administration. There is hereby recognized as a legal entity the Council for State Personnel Administration. The purpose of the council shall be to represent the interests of the several departments and their employees in all matters relative to the State Merit System of Personnel Administration in State government. The objectives of the council shall be:

(a) to promote improvements in the personnel program in State government;

(b) to provide a forum for the interchange of information relating to the State personnel program;

(c) to serve as a channel through which the operating agencies may express their opinions on matters affecting State personnel;

(d) to seek equitable interpretation and application of the laws, rules, regulations, policies and procedures which affect State personnel management and administration;

(e) to strive for professional consensus, consistent with the demo cratic process, in all actions which it may undertake.

Membership in the council shall be open to persons serving in technical, professional, supervisory and executive capacities in personnel administration in all State departments subject to State Merit System coverage.

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445

The council shall be empowered with the authority to adopt bylaws which prescribe its organizational structure, officers and terms and conditions of office, meeting schedules and such other organizational and operational procedures as are necessary for its lawful and effective functioning. As the professional association empowered to represent the interests of the several departments in the area of State personnel administration, the council shall, through its offices, have direct access to the board, the commissioner, the Governor and the General Assembly relative to the presentation of grievances, suggestions and recommenda tions.

Section 12. Rights of State Merit System Personnel Continued. Unless otherwise provided in this Act each merit system officer and employee affected by this Act shall be entitled to all rights which he possessed as a merit system officer or employee before the effective date of this Act, including all rights of rank or grade, rights to vaca tion, sick pay and leave, rights under any retirement or personnel plan, and any other rights under any law or administrative policy. This Section is not intended to create any new rights for any merit system officer or employee but to continue only those rights in effect before the effective date of this Act. It is further provided that the classified position entitled "Merit System Director" shall be continued as a sub ordinate position to the commissioner until such time as the incumbent of this position as of January 1, 1975, leaves the State service. At such time this position shall be considered legally abolished.

Section 13. Penalties, (a) Any person who willfully violates any provision of this Act or the rules and regulations promulgated hereunder shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

(b) Any person who is convicted of a misdemeanor under the fore going provision of this Act shall, in addition to any punishment pre scribed therefor, be ineligible for appointment to or employment in a position in the State service for a period of five years thereafter.

Section 14. Severability. In the event any section, subsection, sen tence, clause or phrase of this Act shall be declared or adjudged in valid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, sub section, 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 15. Specific Repealer. An Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administra tion, approved March 10, 1971 (Ga. Laws 1971, p. 45), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 832), is hereby repealed in its entirety.

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Section 16. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 34, nays 0, and the 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 affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those voting in the negative were Senators:

Hill

Thompson

Pearce Reynolds Riley Robinson
Shapard Starr Stumbaugh Summers
Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Eldridge

Hudgins Russell

Stephens

On the passage of the bill, the ayes were 49, nays 2.

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

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447

SR 25. By Senator Kidd of the 25th:

A RESOLUTION

Proposing an amendment to the Constitution so as to abolish the present State Personnel Board and to provide for a new State Per sonnel Board which shall provide policy direction for a State Merit System of Personnel Administration; to provide for qualifications of members, their appointment and terms of office; 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 XIV, Section I of the Constitution is hereby amended by striking Paragraph I in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. State Personnel Board. The State Personnel Board in existence at the time of the submission of this proposed amendment for ratification or rejection is hereby abolished. The persons appointed to said board shall serve through December 31, 1976, at which time their terms of office shall stand abolished. There is hereby created a new nonsalaried State Personnel Board which shall provide policy direction for a State Merit System of Personnel Administration. Under said merit system, State per sonnel shall be selected on a basis of merit, fitness and demon strated ability according to law. The State Personnel Board shall be comprised of five citizens of this State, each possessing a sound background of experience and/or training in the field of personnel administration and a known interest in the improvement of the quality of State government. Members of the State Personnel Board shall be appointed by the Governor, subject to confirmation by the Senate. The first members shall be appointed for terms of one, two, three, four and five years, respectively, the term to be designated by the Governor. All subsequent appointments shall be for a period of five years, except unexpired terms. Service on the State Per sonnel Board shall be restricted to two consecutive terms, provided that the completion of an unexpired term shall not be considered a term of service within the context of this two-term limitation. No State official or employee shall be a member of the State Personnel Board. All members of the State Personnel Board shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment."
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:

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"( ) YES Shall the Constitution be amended so as to abolish the present State Personnel Board and
( ) NO to provide for a new State Personnel Board which shall provide policy direction for a State Merit System of Personnel Administration?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators:

Barker Fincher Hamilton of 34th

Hudgins Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren
Tate Young

On the adoption of the resolution, the yeas were 49, nays 0.

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

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449

Senator Traylor of the 3rd moved that the following bill of the Senate be withdrawn from consideration of the Senate:

SB 61. By Senators Traylor of the 3rd, Lewis of the 21st, Turner of the 8th and others:
A bill to amend Code Section 95A-302, relating to powers and duties of the Department of Transportation, as amended, so as to provide for certain warning devices and restrictive devices on drawbridges in this State; to provide for minimum safety standards.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 61 was withdrawn from consideration of the Senate.

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

SB 57. By Senator Duncan of the 30th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974 (Ga. Laws 1974, p. 1045), so as to change the provisions relative to funds to pay the expenses of pupil transportation; to provide that funds shall be paid to independent school systems only when the local boards of such systems request such funds; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher

Foster Garrard Gillis Hamilton of 26th Hill Holley Holloway Howard Hudson Kennedy Kidd Lester Lewis McDowell McDuffie Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren

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Those not voting were Senators:

Hamilton of 34th Hudgins

Langford McGill

Tate Young

On the passage of the bill, the yeas were 50, nays 0.

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

SB 66. By Senator Sutton of the 9th:
A bill to amend an Act creating the Georgia Agrirama Development Authority, approved April 7, 1972 (Ga. Laws 1972, p. 1161), so as to provide the power of eminent domain over real, personal or mixed property, whether held privately or by a public service corporation.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge

Poster Garrard Gillis Hamilton of 26th Holloway Howard Hudson Kennedy Kidd Lester Lewis McDowell McDuffie Overby Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Duncan Fincher Hamilton of 34th Hill

Holley Hudgins Langford McGill

Pearce Tate Young

On the passage of the bill, the yeas were 45, nays 0.

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451

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

SB 83. By Senator Reynolds of the 48th:
A bill to amend Georgia Code Title 68A "The Uniform Rules of the Road"; to prescribe speed restrictions for any street, roadway or high way of this State; to provide a basic rule; to provide for maximum speed limits; to provide for the establishment of State speed zones.

The Committee on Transportation offered the following substitute to SB 83:
A BILL
To be entitled an Act to amend Georgia Code Title 68A, "The Uni form Rules of the Road"; to prescribe speed restrictions for any street, roadway, or highway of this State; to provide a basic rule; to provide for maximum speed limits; to provide for the establishment of State speed zones; to provide when local authorities may and shall alter maximum limits; to provide for minimum speed regulation; to provide special speed limitations; to provide for charging violations; to provide for the prohibition of racing on roads; to provide a penalty in con nection therewith; to provide an effective date; to provide for severability; to provide a specific repealer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Georgia Code, Title 68A, "The Uniform Rules of the Road", is hereby amended by adding thereto the following, which shall be known as Article VIII:
"ARTICLE VIII
SPEED RESTRICTIONS
68A-801. Basic Rules. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then exist ing. Consistent with the foregoing, every person shall drive at a reasonable and prudent speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching and traversing a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.
68A-802. Maximum Limits. Except when a special hazard exists that requires lower speed for compliance with Section 68A801 of this Title, the limits hereinafter specified or established as hereinafter authorized shall be maximum lawful vehicle speeds,

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and no person shall drive a vehicle at a speed in excess of the following maximum limits:

(1) Thirty miles per hour in any urban or residence district.

(2) Fifty-five miles per hour in other locations. The maxi mum speed limits set forth in this Section may be altered as authorized in Section 68A-803 and 68A-804 of this Title.

68A-803. Establishment of State Speed Zones. Whenever the Commissioner of Public Safety or the Commissioner of the Depart ment of Transportation shall determine upon the basis of an engi neering and traffic investigation that any maximum speed herein before set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the State Highway System, said Commissioners may jointly determine and declare a reasonable and safe maximum limit thereat, which shall be effective when appropriate signs giv ing notice thereof are erected. Such a maximum speed limit may be declared to be effective at all times as are indicated upon the said signs; and differing limits may be established for different times of day, different varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs. In no case shall a maximum speed limit be established at higher than 55 miles per hour.

68A-804. When Local Authorities May and Shall Alter Maxi mum Speed Limits.

(a) Whenever the governing authority of an incorporated municipality or county, in its respective jurisdiction, determines on the basis of an engineering and traffic investigation that the maxi mum vehicle speed permitted under this Title is greater than is reasonable and safe under the conditions found to exist upon a highway or part of a highway under its jurisdiction such authority may determine and declare a reasonable and safe maximum vehicle limit thereon which:
(1) Decrease the limit at intersections; or
(2) Decreases the limit outside an urban or residence district, but not to less than thirty miles per hour; or
(3) Decreases the limit within an urban or residence district but not to less than twenty-five miles per hour; or
(4) Decreases any speed limit where a special hazard or condi tion exists that requires lower speed for compliance with Section 68A-801 of this Title.
(b) Such an authority in its respective jurisdiction shall deter-

THURSDAY, FEBRUARY 13, 1975

453

mine by an engineering and traffic investigation the proper maxi mum speed for all arterial streets and shall declare a reasonable and safe maximum limit thereon which may be greater or less than the maximum speed permitted under this Title for an urban dis trict, but in no case shall the maximum be established at higher than 55 miles per hour.

(c) Any altered limit established as hereinabove authorized shall be effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice thereof are erected upon such street or highway.

(d) Not more than six such alterations as hereinabove autho rized shall be made per mile along a street or highway, except in the case of reduced limits at intersections, and the difference between adjacent limits shall not be more than 10 miles per hour.

68A-805. Minimum Speed Regulation.
(a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation.

(b) Whenever the Commissioner of Public Safety or the Com missioner of the Department of Transportation of Georgia or local authorities determine on the basis of any engineering and traffic investigation that slow speeds on any part of a road under their respective jurisdictions impede the normal and reasonable move ment of traffic, such Commissioners may jointly, or such local authority, may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation and that limit shall be effective when posted upon fixed or variable signs.

68A-806. Special Speed Limitations.
(a) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is sign-posted as provided in this Section.

(b) The Department of Transportation of Georgia may con duct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it shall thereupon find that such structure cannot, with safety to itself, withstand vehicles traveling at the speed otherwise permissible under this Title, said Department shall determine and declare the maximum speed of vehicles which such structure can safely withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained before each end of such structure.

(c) Upon the trial of any person charged with a violation of subsection (a) of this Section, proof of said determination of the

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maximum speed by said Department and the existence of said signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure.

68A-807. Charging Violations. In every charge of violation of any speed regulation in this Title, the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven, also the maximum speed applicable within the district or at the location.

68A-808. Racing on Highways and Streets.
(a) No person shall drive any vehicle on a highway in this State in any race, speed competition or contest, drag race or ac celeration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, com petition of speed, contest of speed, or test or exhibition of speed.

(b) Drag race is defined as the operation of two or more vehicles from a point side by side at accelerated speeds in a com petitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.

(c) Racing is defined as the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.

(d) Any person convicted of violating subsection (a) of this . Section shall be punished' as prescribed in Section 68A-1021 of this
Title. In addition, the Department of Public Safety shall suspend the license of any person so convicted for 12 months."

Section 2. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. Severability. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged in valid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, sub section, 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.

THURSDAY, FEBRUARY 13, 1975

455

Section 4. Specific Repealer.
(a) The following Sections of "The Uniform Act Regulating Traf fic 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 Section and Page

Unofficially Codified Numbers Georgia

in Georgia Code

Laws 1953, p. 566

Annotated Title 68

1626 (a, b, c, d)

48. p. 577

1626 (e, f, g, h) 1627

added by Section 1 of an Act approved March 17, 1959 (Ga. Laws 1959, p. 303), as amended by an Act approved April 15, 1961 (Ga. Laws 1961, p. 437)
49. p. 579

1627.1 1628(a)

49A, added by Section 2 of an Act approved April 12, 1963 (Ga. Laws 1963, p. 254)
50, p. 579

1629

51. p. 580

1630

52. p. 580

1631

53. p. 580

1632

54. p. 581

Subject Matters of Repealed Section
speed restrictions
racing
establishment of State
speed zones altering speed
limits on limited access
highways
when local authorities may alter speed limits
minimum speed
regulations special speed limitations on nighttime motor driven cycles special speed
limitations on elevated
structures charging violations

(b) The following law is hereby specifically repealed: An Act approved March 16, 1955 (Ga. Laws 1955, p. 736), especially as amended by an Act approved March 16, 1973 (Ga. Laws 1973, p. 98;

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Ga. Code Ann. Sec. 68-1680), authorizing the adoption of State traffic regulations as local ordinances.

Section B. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 44, 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 affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Broun of 46th
Brown of 47th
Carter Coverdell
Dean of 31st
Doss Duncan
Eldridge
Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudson Kennedy
Kidd
Lester Lewis
McDowell
McDuffie McGill
Overby Pearce
Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers
Sutton Thompson
Timmons Traylor
Turner
Tysinger
Warren
Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Brantley Fincher Hill

Holloway Hudgins

Langford Tate

On the passage of the bill, the yeas were 48, nays 1.

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

THURSDAY, FEBRUARY 13, 1975

457

Senator Duncan of the 30th moved that the following bill of the Senate be postponed until Tuesday, February 18:

SB 125. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A bill to amend Code Section 57-101, relating to the legal rate of interest, so as to change the legal rate of interest allowable by con tract; to authorize a lender to charge a service fee on any loan in addition to interest; to provide an effective date.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 125 was postponed until Tuesday, February 18.

Senator Duncan of the 30th moved that the following bill of the Senate be postponed until Tuesday, February 18:

SB 126. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A bill to amend Code Section 57-116, relating to the legal rate of interest on loans repayable in monthly, quarterly or yearly installments, as amended by an Act approved March 31, 1937 (Ga. Laws 1937, p. 463), so as to change the legal rate of interest on such loans; to au thorize lenders to charge a service fee on such loans in addition to interest.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 126 was postponed until Tuesday, February 18.

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

SB 99. By Senator Dean of the 31st:
A bill to amend Code Chapter 84-5, relating to the regulation of Chiro practic and the Board of Chiropractic Examiners, as amended, so as to change the compensation of the members of the board; to change cer tain license fees.

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 Banks Barker Barnes
Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th
Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell
Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Fincher Hill

Holloway Hudgins

Tate Young

On the passage of the bill, the yeas were 50, nays 0.

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

SB 107. By Senators Starr of the 44th and Howard of the 42nd:
A bill to amend the "Georgia Criminal Justice Act", approved April 8, 1968 (Ga. Laws 1968, p. 999), so as to create the Georgia Criminal Justice Council; to provide for membership of the Council, their qual ifications, appointment, election, compensation, expenses, terms of of fice, succession, duties, powers, purposes, authority and responsibilities; to provide for the allocation of expenses and costs; to provide for representation in State and federal courts.

Senator Starr of the 44th moved that SB 107 be committed to the Com mittee on Judiciary.

On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 107 was committed to the Committee on Judiciary.

Senator Dean of the 31st introduced as Doctor of the Day, Dr. John F. Atha, Rockmart, Georgia.

THURSDAY, FEBRUARY 13, 1975

459

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 131. By Representatives Greer of the 43rd, Gignilliat of the 122nd, Cole of the 6th and others:
A bill to amend Code Chapter 13-2, relating to preliminary provisions relative to banks and banking so as to define and redefine certain terms; to authorize the Commissioner of the Department of Banking and Pinance to regulate the acquisition and control of stocks in banks and bank holding companies by bank holding companies.

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 129. By Senator Kidd of the 25th:
A bill to amend Code Title 56, relating to the regulation of the insurance industry, as amended, so as to provide that no group policy of accident and sickness insurance offered for sale in this State shall be issued or renewed after the effective date of this Act by any insurer or hospital service non-profit corporation (Chapter 56-17) or medical service non profit corporation (Chapter 56-18) transacting business in this State.

The Committee on Banking, Finance and Insurance offered the following substitute to SB 129:
A BILL
To be entitled an Act to amend Code Title 56, relating to the regulation of the insurance industry, as amended, so as to provide that no group policy of accident and sickness insurance offered for sale in this State shall be issued or renewed after the effective day of this Act by any insurer or hospital service nonprofit corporation (Chapter 56-17) or medical service nonprofit corporation (Chapter 56-18) trans acting business in this State which by the terms of such group policy excludes or reduces the benefits payable or services to be rendered to or on behalf of any insured by reason of the fact that benefits have been paid or are also payable under any blanket school accident policy regardless of who makes the premium contribution, or any individually underwritten and individually issued contract or plan of insurance which provides exclusively for accident and sickness benefits and for which 100% of the premiums have been paid by the insured or a member of the insured's family, irrespective of the mode or channel of premium payment to the insurer or any discount received on such premium by virtue of the insured's membership in any organization or status as

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an employee; to provide that any policy provision in violation of this Section shall be void and unenforceable; to provide nothing shall affect the practice of coordinating benefits between group policies issued pur suant to Georgia Code Chapters 56-17, 56-18, and 56-31; to change the provisions relating to the application of Code Title 56; 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 56, relating to the regulation of the in surance industry, as amended, is hereby amended by adding at the end of Code Chapter 56-24, relating to the insurance contract in gen eral, as amended, a new Code Section, to be designated Code Section 562442, to read as follows:

"56-2442. Coordination of benefits; where prohibited.--Not withstanding any other provisions in this Title to the contrary, no group policy of accident and sickness insurance offered for sale in this State shall be issued or renewed after the effective date of this Act by any insurer or hospital service nonprofit corporation (Chapter 56-17) or medical service nonprofit corporation (Chapter 56-18) transacting business in this State which by the terms of such group policy excludes or reduces the benefits payable or serv ices to be rendered to or on behalf of any insured by reason of the fact that benefits have been paid or are also payable under any blanket school accident policy regardless of who makes the pre mium contribution, or any individually underwritten and in dividually issued contract or plan of insurance which provides ex clusively for accident and sickness benefits and for which 100'% of the premiums have been paid by the insured or a member of the insured's family, irrespective of the mode or channel of premium payment to the insurer or any discount received on such premium by virtue of the insured's membership in any organization or status as an employee. Any policy provision in violation of this Section shall be void and unenforceable. Nothing in this Act shall affect the practice of coordination benefits between group policies issued pursuant to Georgia Code Chapters 56-17, 56-18, and 56-31."

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 yeas were 37, nays 0, 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.

THURSDAY, FEBRUARY 13, 1975

461

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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Duncan

Hudgins Russell

Summers Tate

On the passage of the bill, the yeas were 50, nays 0.

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

SB 132. By Senators Summers of the 53rd, Langford of the 51st, Fincher of the 54th and others:
A bill to amend Code Chapter 85-4, relating to obtaining title to prop erty by prescription, so as to provide an additional method for obtain ing good title to property by adverse possession in regard to certain classes of property; to provide the procedures connected therewith; to provide for all matters relative to the foregoing.
The Committee on Judiciary offered the following amendment:
Amend SB 132 by striking on Page 3, line 6 through 9, the following language:
"and that a new deed be issued by the court to the plaintiff and such deed shall provide for the inclusion of the mineral rights in question.",
and

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By striking the semicolon where it appears immediately following the word, "rights" on Page 3, line 6 and inserting in lieu thereof a period.

By striking the word, "declare" where it appears on Page 3, line 11 and inserting in lieu thereof the following:

"issue a judgment and decree declaring".

On the adoption of the amendment, the yeas were 38, nays 0, and the com mittee amendment was adopted.

Senator Pearce of the 16th offered the following amendment: Amend SB 132 by striking on Page 1, lines 25 and 26, and on Page
2, line 22, the following: "seven (7)"
and Inserting in lieu thereof, the following: "twenty (20)".

On the adoption of the amendment, Senator Howard of the 42nd called for the yeas 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 Dean of 6th Duncan Gillis Hamilton of 26th Hamilton of 34th Holley

Hudson Kennedy Kidd Lewis McDowell McDuffie Pearce

Riley Russell Starr Stephens Timmons Traylor Young

Those voting in the negative were Senators:

Ballard Banks Barnes Bell Bond Brantley Broun of 46th

Brown of 47th Coverdell Dean of 31st Doss Eldridge Pincher Poster

Garrard Hill Holloway Howard Langford Lester McGill

THURSDAY, FEBRUARY 13, 1975

463

Overby Reynolds Robinson Shapard

Stumbaugh Summers Sutton Tate

Turner Tysinger Warren

Those not voting were Senators Hudgins and Thompson.

On the adoption of the amendment, the yeas were 22, nays 32, and the amend ment was lost.

Senator Pearce of the 16th offered the following amendment:
Amend SB 132 by adding a new subsection (e) which shall contain the following language:
"(e) Provided, however, nothing in this Section shall apply to a lease for a specific number of years nor to an owner of mineral rights who has leased in writing the mineral rights to a licensed mining operator as defined in the Georgia Surface Mining Act of 1968, as amended."

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

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Those not voting were Senators: Hudgins and Young.

On the passage of the bill, the yeas were 54, nays 0.

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

SB 137. By Senator Barnes of the 33rd:
A bill to authorize the Attorney General and the District Attorneys of Georgia, upon approval of a Superior Court Judge, to grant im munity from prosecution in criminal proceedings; to provide that the immunity from prosecution does not cover perjury or contempt committed while giving evidence.

Senator McDowell of the 2nd offered the following amendment:
Amend SB 137 by striking the period on Page 2, line 5 and inserting the following:
", but shall not be required to produce evidence that can be used in any other courts, including federal courts."

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan

Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd

Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Shapard Starr Stephens

THURSDAY, FEBRUARY 13, 1975

465

Stumbaugh Summers Sutton

Tate Thompson Traylor

Turner Tysinger Warren

Those voting in the negative were Senators:

Dean of 6th

Timmons

Young

Those not voting were Senators Hudgins and Russell.

On the passage of the bill, the yeas were 51, nays 3.

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

SR 31. By Senators Shapard of the 28th, Foster of the 50th, Banks of the 17th and Hudson of the 35th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the salary and allowances of the members of the General Assembly shall not be increased during the term to which they 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 the members of the General Assembly shall not be increased during the term of of office to which they are elected."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to pro vide that the salary and allowances of the mem-
( ) NO bers of the General Assembly shall not be in creased during the term to which, they are elected?"

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against 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 Shapard of the 28th moved that SR 31 be postponed until 10:30 o'clock A.M. February 14.

On the motion, the yeas were 48, nays 0; the motion prevailed, and SR 31 was postponed until 10:30 o'clock A.M. February 14.

The following bill of the House was read the first time and referred to a committee:

HB 131. By Representatives Greer of the 43rd, Gignilliat of the 122nd, Cole of the 6th and others:
A bill to amend Code Chapter 13-2, relating to preliminary provisions relative to banks and banking so as to define and redefine certain terms; to authorize the Commissioner of the Department of Banking and Finance to regulate the acquisition and control of stocks in banks and bank holding companies by bank holding companies.
Referred to Committee on Banking, Finance and Insurance.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow at 12:55 o'clock P.M.

FRIDAY, FEBRUARY 14, 1975

467

Senate Chamber, Atlanta, Georgia Friday, February 14, 1975

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

Senator Young of the 13th reported that the journal of yesterday's 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 169. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others: A bill to amend an Act making and providing appropriations for the fiscal year beginning July 1, 1974 and ending June 30, 1975; known as the "General Appropriations Act", approved April 2, 1974 (Ga. L. 1974, p. 1508), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1975.
HB 445. By Representative Walker of the 115th: A bill to amend an Act creating a new charter for the City of Perry, so as to change the terms of office of the mayor and councilmen.
HB 459. By Representatives Keyton of the 143rd and Long of the 142nd: A bill to amend an Act establishing the State Court of Thomas County (formerly known as the City Court of Thomasville in and for the County of Thomas), so as to change the salaries of the judge and solicitor of said Court.
HB 505. By Representative Owens of the 77th: A bill to create and establish an Airport Authority for Columbia County.
HB 506. By Representatives Rush of the 121st and Fraser of the 139th: A bill to amend an Act establishing the Board of Commissioners of Long County so as to provide for an operating budget for the county.

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HB 507. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to amend an Act establishing the Board of Commissioners of Long County so as to change the provisions relative to the compensation of the clerk of the commissioners.

HB 508. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Long County into the office of the Tax Commissioner of Long County.

HB 509. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Long County, known as the fee system.

HB 510. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Long County, known as the fee system; to provide in lieu thereof an annual salary.

HB 513. By Representatives Hutchinson of the 133rd, White of the 132nd and others:
A bill to provide for the creation of the office of County Administrator of Dougherty County.

HB 514. By Representative Irvin of the 10th:
A bill to abolish the present mode of compensating the Judge of the Probate Court and Clerk of the Superior Court of Banks County, known as the fee system; to provide in lieu thereof the annual salary.

HB 515. By Representative Culpepper of the 98th:
A bill to amend an Act fixing the compensation of the Treasurer of Crawford County.

HB 516. By Representative Culpepper of the 98th:
A bill to amend an Act placing the Sheriff of Crawford County upon an annual salary so as to change the compensation provisions relating to the deputy sheriffs.

HB 517. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to amend an Act placing the Clerk of the Superior Court of Peach County upon an annual salary in lieu of the fee system of compensation so as to change the provisions relating to arbitration concerning budget disputes.

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469

HB 518. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to amend an Act placing the Judge of the Probate Court (formerly know as the Ordinary), of Peach County upon an annual salary in lieu of the fee system of compensation, so as to change the provisions relating to arbitration concerning budget disputes.

HB 519. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to amend an Act placing the Tax Commissioner of Peach County upon an annual salary in lieu of the fee system of compensation so as to change the provisions relating to arbitration concerning budget disputes.

HB 520. By Representative Culpepper of the 98th:
A bill to amend an Act creating the Board of Commissioners of Crawford County so as to change the compensation of the members of said board of commissioners.

HB 523. By Representatives Bowman of the 103rd, Evans of the 99th, Banks of the 104th and Pinkston of the 100th:
A bill to amend an Act placing the Sheriff of Twiggs County on an annual salary so as to change the provisions relating to the compensa tion; of the sheriff.

HB 524. By Representatives Hutchinson of the 133rd, Hatcher of the 131st and others:
A bill to amend an Act creating a Board of Commissioners of Dougherty County so as to change the method of electing the chairman of the said board of commissioners.

HB 535. By Representatives Lane of the 81st and Nessmith of the 82th:
A bill to amend an Act to abolish the present mode of compensating the coroner of Screven County, known as the fee system, so as to change the salary of the coroner.

HB 537. By Representatives Sizemore of the 136th and Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Turner County on an annual salary in lieu of the fee system so as to change the provisions relating to the salary of the sheriff.

HB 545. By Representatives Patten and Carter of the 146th:
A bill to provide for the appointment of the Berrien County School Superintendent.

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JOURNAL OF THE SENATE,

HB 547. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lowndes County so as to provide for a county manager.

HB 548. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to amend an Act creating the State Court of Lowndes County, (formerly City Court of Valdosta), so as to change the compensation of the judge and solicitor of the court; to provide for secretarial assis tance for the solicitor.
HB 552. By Representative Cox of the 141st:
A bill to provide a new Charter for the City of Attapulgus.

HB 553. By Representative Cox of the 141st: A bill to provide a new Charter for the City of Climax.

HB 554. By Representative Cox of the 141st:
A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County and creating in lieu thereof the office of Tax Commissioner of Decatur County, so as to change the compensation of the Tax Commissioner.

HB 555. By Representative Cox of the 141st:
A bill to amend an Act creating the Civil and Criminal Court of Decatur County (formerly the City Court of Bainbridge), so as to change the compensation of the judge and the solicitor of said court.

HB 556. By Representatives Buck of the 95th, Parrish of the 97th, Berry of the 94th and others:
A bill to authorize the Consolidated Government of Columbus, Ga. (hereinafter "Columbus, Ga.") to purchase, construct, maintain, repair and establish certain drainage projects and improvements and to acquire by eminent domain, purchase, gift or other transaction, such easements and rights of way necessary or useful in such projects or improvements.

HB 557. By Representative Sweat of the 150th:
A bill to amend an Act placing the sheriff of Atkinson County upon an annual salary so as to change the compensation of the sheriff.

HB 558. By Representative Smith of the 78th:
A bill to create and establish a small claims court for Lamar County, Georgia, to be known as the Small Claims Court of Lamar County.

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471

HB 559. By Representatives Smith of the 78th and Adams of the 79th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County so as to change the compensation of the tax commissioner.

HB 560. By Representatives Smith of the 78th and Adams of the 79th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County so as to change the compensation of the deputy tax commissioner.
HB 566. By Representative Edwards of the 110th:
A bill to change the number of members of the County Board of Educa tion of Taylor County.

HB 576. By Representative Howell of the 140th: A bill to provide a new Charter for the City of Colquitt, Ga.

HB 577. By Representative Howell of the 140th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Miller County; to provide for an annual salary for said Judge.
HB 578. By Representative Howell of the 140th:
A bill to amend an Act creating the board of commissioners of Miller County so as to remove the Judge of the Probate Court as a member and chairman of the board of commissioners.

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

HR 126. By Representatives Tolbert of the 56th, Jordan of the 58th, Childs of the 51st and others:
A resolution creating the DeKalb County School Property Utilization Study Committee.

HR 127. By Representatives Culpepper of the 98th and1 Waddle of the 113th:
A resolution proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Peach County shall have jurisdiction.

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

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JOURNAL OF THE SENATE,

HR 160. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A resolution calling a Joint Session of the House of Representatives and the Senate for the purpose of the dedication of the Richard Brevard Russell Monument.

HR 161. By Representatives Rainey of the 135th, Peters of the 2nd, Toles of the 16th and others:
A resolution urging the trial judges of this State to give more severe penalties to persons convicted of committing serious crimes.
HR 162. By Representatives Hawking of the 50th, Jordan of the 58th, Murphy of the 18th and others:
A resolution expressing sympathy at the passing of Mr. Robert Praser Walling.

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

SB 257. By Senator Lewis of the 21st:
A bill to amend Code Chapter 26I-21, relating to the distribution of obscene materials, as amended, so as to change the provisions relating to the distribution of obscene materials; to change the provisions relating to penalties. Referred to Committee on Judiciary.

SB 258. By Senator Lester of the 23rd:
A bill to amend Code Section 34-621, relating to the filing of disquali fication lists with registrars, so as to provide for the submission of more detailed information; to provide the procedures connected therewith. Referred to Committee on Rules.

SB 259. By Senators Lester of the 23rd, Summers of the 53rd, Kidd of the 25th and others:
A bill to provide for certain rights and responsibilities of blind or visually handicapped persons and persons who are otherwise physically disabled; to provide for a short title; to provide that it is the policy of this State to encourage and enable the blind, the visually handicapped and persons who are otherwise physically disabled to participate fully in the social and economic life of the State and to engage in remunera tive employment.
Referred to Committee on Human Resources.

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473

SB 260. By Senators Banks of the 17th, Kennedy of the 4th, Lewis of the 21st and others:
A bill to amend an Act providing that the costs of the case and expenses of the trial involving an inmate of the State Prison System shall be borne by the State Board of Corrections under certain conditions. Referred to Committee on Offender Rehabilitation.

SB 261. By Senators Starr of the 44th, Kennedy of the 4th, Langford of the 51st and others:
A bill to amend Code Section 27-2506, relating to how misdemeanors shall be punished, as amended, so as to provide that no misdemeanants are placed under the jurisdiction of the State Board of Corrections; to provide an effective date. Referred to Committee on Offender Rehabilitation.

SB 262. By Senators Starr of the 44th, Kennedy of the 4th, Langford of the 51st and others:
A bill to amend an Act known as the "Georgia Correctional Industries Act", as amended, so as to authorize the Administration to compensate certain inmates employed in correctional industries out of funds arising from the sale of services provided by or produced from the work of the inmates.
Referred to Committee on Offender Rehabilitation.

SB 263. By Senators Starr of the 44th, Kennedy of the 4th, Langford of the 51st and others:
A bill to amend an Act comprehensively and exhaustively revising and consolidating the laws relating to the State Board of Corrections, as amended. Referred to Committee on Offender Rehabilitation.

SB 264. By Senators Starr of the 44th, Kennedy of the 4th, Langford of the 51st and others:
A bill to provide for an alternative to the incarceration of offenders; to provide for the development and implementation of pre-trial and presentence programs providing alternatives to incarceration for offenders and alleged offenders excluding probationers. Referred to Committee on Offender Rehabilitation.

SB 265. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting

474

JOURNAL OF THE SENATE,

the State, so as to provide exceptions thereto under prescribed condi tions ; to provide for procedures; to provide an effective date.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SB 266. By Senators Garrard of the 37th and Kidd of the 25th:
A bill to require any law enforcement officer who arrests any person who appears to be intoxicated to ascertain if said person is wearing identification which indicates that he has a medical disability which would account for his actions; to require all officers to aid such persons; to provide an, effective date. Referred to Committee on Human Resources.

SB 267. By Senator Doss of the 52nd:
A bill to amend an Act known as the "Insurance Premium Finance Company Act", as amended, so as to change the amount which may be charged in addition to the maximum charge on a premium finance company agreement; to change the maximum service charge on a premium finance agreement.
Referred to Committee on Banking, Finance and Insurance.

SB 268. By Senators Garrard of the 37th, Hamilton of the 26th, Kidd of the 25th and others:
A bill to amend Code Chapter 84-10, relating to the practice of nursing, as amended, by striking said Code Chapter in its entirety and sub stituting in lieu thereof a new Code Chapter 84-10, so as to compre hensively revise the law regulating the practice of nursing. Referred to Committee on Human Resources.

SB 269. By Senators Barnes of the 33rd, Starr of the 44th, Reynolds of the 48th and others:
A bill to amend an Act known as the "Unemployment Compensation Law", as amended, so as to provide the disqualification for benefits in the case of a stoppage of work in a labor dispute is applicable only to those persons participating in the labor dispute at the particular factory or place of business where the labor dispute is occurring; to provide for an effective date.
Referred to Committee on Industry, Labor and Tourism.

SB 270. By Senator Warren of the 43rd:
A bill to amend Code Chapter 26-12, relating to abortions, as amended, so as to provide that no abortion shall be authorized or performed on a married woman without written authorization signed by both the woman and her husband except under certain circumstances. Referred to Committee on Human Resources.

FRIDAY, FEBRUARY 14, 1975

475

SB 271. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd':
A bill to amend an Act known as the "Georgia Peace Officers Standards and Training Act", as amended, so as to provide that the membership of the Council shall include the Commissioner of the Department of Public Safety or his designee; to redefine the terms "peace officer" and "law enforcement unit".
Referred to Committee on Judiciary.

SB 272. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the "Georgia Police Academy Act", to provide that the Board of Public Safety shall have authority over the Georgia Police Academy; to repeal that portion of said Act establishing a Georgia Police Academy Board.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

The following bills and resolutions of the House were read the first time and referred1 to committees:
HB 445. By Mr. Walker of the 115th: A bill to amend an Act creating a new charter for the City of Perry, so as to change the terms of office of the mayor and councilmen.
Referred to Committee on County and Urban Affairs.
HB 459. By Messrs. Keyton of the 143rd and Long of the 142nd: A bill to amend an Act establishing the State Court of Thomas County (formerly known as the City Court of Thomasville in and for the County of Thomas), so as to change the salaries of the judge and solicitor of said Court.
Referred to Committee on County and Urban Affairs.
HB 505. By Representaive Owens of the 77th: A bill to create and establish an Airport Authority for Columbia County.
Referred to Committee on County and Urban Affairs.
HB 506. By Representatives Rush of the 121st and Fraser of the 139th: A bill to amend an Act establishing the Board of Commissioners of Long County so as to provide for an operating budget for the county.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 507. By Representatives Rush of the 121st and Eraser of the 139th:
A Bill to amend an Act establishing the Board of Commissioners of Long County so as to change the provisions relative to the compensation of the clerk of the commissioners. Referred to Committee on County and Urban Affairs.

HB 508. By Representatives Rush of the 121st and Eraser of the 139th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Long County into the office of the Tax Commissioner of Long County. Referred to Committee on County and Urban Affairs.

HB 509. By Representatives Rush of the 121st and Eraser of the 139th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Long County, known as the fee system. Referred to Committee on County and Urban Affairs.

HB 510. By Representatives Rush of the 121st and Eraser of the 139th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Long County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on County and Urban Affairs.

HB 513. By Representatives Hutchinson of the 133rd, White of the 132nd, Hatcher of the 131st and McCollum of the 134th:
A bill to provide for the creation of the office of County Administrator of Dougherty County. Referred to Committee on County and Urban Affairs.

HB 514. By Representative Irvin of the 10th:
A bill to abolish the present mode of compenasting the Judge of the Probate Court and Clerk of the Superior Court of Banks County, known as the fee system; to provide in lieu thereof the annual salary. Referred to Committee on County and Urban Affairs.

HB 515. By Representative Culpepper of the 98th:
A bill to amend an Act fixing the compensation of the Treasurer of Crawford County. Referred to Committee on County and Urban Affairs.

HB 516. By Representative Culpepper of the 98th: A bill to amend an Act placing the Sheriff of Crawford County upon

FRIDAY, FEBRUARY 14, 1975

477

an annual salary so as to change the compensation provisions relating to the deputy sheriffs.
Referred to Committee on County and Urban Affairs.

HB 517. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to amend an Act placing the Clerk of the Superior Court of Peach County upon an annual salary in lieu of the fee system of compensation so as to change the provisions relating to arbitration concerning budget disputes. Referred to Committee on County and Urban Affairs.

HB 518. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to amend an Act placing the Judge of the Probate Court (formerly known as the Ordinary), of Peach County upon an annual salary in lieu of the fee system of compensation, so as to change the provisions relating to arbitration concerning budget disputes. Referred to Committee on County and Urban Affairs.

HB 519. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to amend an Act placing the Tax Commissioner of Peach County upon an annual salary in lieu of the fee system of compensation so as to change the provisions relating to arbitration concerning budget disputes. Referred to Committee on County and Urban Affairs.

HB 520. By Representative Culpepper of the 98th:
A bill to amend an Act creating the Board of Commissioners of Crawford County so as to change the compensation of the members of said board of commissioners. Referred to Committee on County and Urban Affairs.

HB 523. By Representatives Bowman of the 103rd, Evans of the 99th, Banks of the 104th and Pinkston of the 100th:
A bill to amend an Act placing the Sheriff of Twiggs County on an annual salary so as to change the provisions relating to the compensa tion of the sheriff. Referred to Committee on County and Urban Affairs.

HB 524. By Representatives Hutchinson of the 133rd, Hatcher of the 131st, McCollum of the 134th and White of the 132nd:
A bill to amend an Act creating a Board of Commissioners of Dougherty County so as to change the method of electing the chairman of the said board of commissioners. Referred to Committee on County and Urban Affairs.

478

JOURNAL OF THE SENATE,

HB 535. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act to abolish the present mode of compensating the coroner of Screven County, known as the fee system, so as to change the salary of the coroner. Referred to Committee on County and Urban Affairs.

HB 537. By Representatives Sizemore of the 136th and Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Turner County on an annual salary in lieu of the fee system so as to change the provisions relating to the salary of the sheriff. Referred to Committee on County and Urban Affairs.

HB 545. By Representatives Patten and Carter of the 146th:
A bill to provide for the appointment of the Berrien County School Superintendent. Referred to Committee on County and Urban Affairs.

HB 547. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lowndes County so as to provide for a county manager. Referred to Committee on County and Urban Affairs.

HB 548. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A Bill to amend an Act creating the State Court of Lowndes County, (formerly City Court of Valdosta), so as to change the compensation of the judge and solicitor of the court; to provide for secretarial assist ance for the solicitor.
Referred to Committee on County and Urban Affairs.

HB 552. By Representative Cox of the 141st: A bill to provide a new Charter for the City of Attapulgus.
Referred to Committee on County and Urban Affairs.
HB 553. By Representative Cox of the 141st: A bill to provide a new Charter for the City of Climax.
Referred to Committee on County and Urban Affairs.
HB 554. By Representative Cox of the 141st: A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County and creating in lieu thereof the office of

FRIDAY, FEBRUARY 14, 1975

479

Tax Commissioner of Decatur County so as to change the compensation of the Tax Commissioner.
Referred to Committee on County and Urban Affairs.

HB 555. By Representative Cox of the 141st:
A bill to amend an Act creating the Civil and Criminal Court of Decatur County (formerly the City Court of Bainbridge) so as to change the compensation of the judge and the solicitor of said court. Referred to Committee on County and Urban Affairs.

HB 556. By Representatives Buck of the 95th, Parrish of the 97th and Berry of the 94th:
A bill to authorize the Consolidated Government of Columbus, Ga., to purchases, construct and establish certain drainage projects and im provements and to acquire by eminent domain, purchase, gift or other transaction, such easements and rights of way necessary or useful in such projects or improvements.
Referred to Committee on County and Urban Affairs.

HB 557. By Representative Sweat of the 150th:
A bill to amend an Act placing the Sheriff of Atkinson County upon an annual salary so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 558. By Representative Smith of the 78th:
A bill to create and establish a small claims court for Lamar County, to be known as the Small Claims Court of Lamar County. Referred to Committee on County and Urban Affairs.

HB 559. By Representatives Smith of the 78th and Adams of the 79th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County, so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 560. By Representatives Smith of the 78th and Adams of the 79th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County so as to change the compensation of the deputy tax com missioner. Referred to Committee on County and Urban Affairs.

480

JOURNAL OF THE SENATE,

HB 566. By Representative Edwards of the 110th:
A bill to change the number of members of the County Board of Educa tion of Taylor County. Referred to Committee on County and Urban Affairs.

HB 576. By Representative Howell of the 140th: A bill to provide a new Charter for the City of Colquitt, Ga.
Referred to Committee on County and Urban Affairs.
HB 577. By Representative Howell of the 140th: A bill to abolish the present mode of compensating the Judge of the Probate Court of Miller County; to provide for an annual salary for said Judge.
Referred to Committee on County and Urban Affairs.
HB 578. By Representative Howell of the 140th: A bill to amend an Act creating the board of commissioners of Miller County so as to remove the Judge of the Probate Court as a member and chairman of the board of commissioners.
Referred to Committee on County and Urban Affairs.

HR 126. By Representatives Tolbert of the 56th, Linder of the 44th, Williamson of the 54th and others:
A resolution creating the DeKalb County School Property Utilization Study Committee. Referred to Committee on County and Urban Affairs.

HR 127. By Representatives Culpepper of the 98th and Waddle of the 113th:
A resolution proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Peach County shall have jurisdiction. Referred to Committee on County and Urban Affairs1.

HB 169. By Messrs. Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A bill to amend an Act making and providing appropriations for the fiscal year beginning July 1, 1974 and ending June 30, 1975, known as the "General Appropriations Act", approved April 2, 1974 (Ga. L. 1974, p. 1508), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1975. Referred to Committee on Appropriations.

FRIDAY, FEBRUARY 14, 1975

481

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

Senator Garrard of the 37th 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 180. Do pass. SB 213. Do pass. SB 225. Do pass. SB 233. Do pass. SB 238. Do pass. SB 243. Do pass. HB 229. Do pass. HB 330. Do pass. HB 331. Do pass. HB 332. Do pass. HB 333. Do pass. HB 343. Do pass. HB 344. Do pass. HB 345. Do pass. HB 346. Do pass. HB 412. Do pass.
Respectfully submitted, Garrard of 37th District, Chairman.
Senator Garrard of the 37th 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:
HB 48. Do pass. SB 179. Do pass.

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JOURNAL OF THE SENATE,

SB 181. Do pass. SB 226. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Carter of the 14th District, Chairman of the Committee on Education, submitted the following report:
Mr. President:
Your Committee on Education 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 114. Do not pass. SB 191. Do pass. SB 249. Do pass. SR 68. Do pass. HB 86. Do pass. HB 146. Do pass.
Respectfully submitted, Carter of 14th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources 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 34. Do pass as amended. SB 161. Do pass. SB 235. Do pass. SB 236. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.

FRIDAY, FEBRUARY 14, 1975

483

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:

Mr. President:

Your Committee on Industry, Labor and Tourism 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 245. Do pass.
SB 196. Do pass as amended.

Respectfully submitted, Ballard of 45th District, Chairman.

Senator Gillis of the 20th District, Chairman of the Committe 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 211. Do pass.
HB 148. Do pass.
Respectfully submitted, Gillis of the 20th District, Chairman.

Senator Kennedy of the 4th District, Chairman of the Committee on Offender Rehabilitation, submitted the following report:
Mr. President:
Your Committee on Offender Rehabilitation 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 49. Do pass.
Respectfully submitted, Kennedy of 4th District, Chairman.

484

JOURNAL OF THE SENATE,

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:

Mr. President:

Your Committee on Public Utilities has had under consideration the follow ing 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 recommenda tions :
SB 184. Do pass.
SR 40. Do pass.
HB 181. Do pass.
SR 37. Do pass as amended.

Respectfully submitted, Brown of 47th District, Chairman.

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

SB 84. By Senator Starr of the 44th:
A bill to amend Code Chapter 84-11, relating to the practice of opto metry, as amended, so as to increase the delinquency penalty for failure
to renew registration annually.

SB 152. By Senator Fincher of the 54th:
A bill to amend an Act known as the "Georgia Public Assistance Act of 1965", approved March 30, 1965 (Ga. L. 1965, p. 385), as amended, so as to provide that the Department of Human Resources may recover overpayments of public assistance from recipients either by a civil action or by reduction in the future assistance grants.

SB 177. By Senator Starr of the 44th:
A bill to authorize leaves of absence for public employees when the absence is to permit the employee to participate in certain blood donation programs; to provide an effective date.

SB 178. By Senators Kidd of the 25th and Lester of the 23rd:
A bill to amend an Act designating public and legal holidays in the State of Georgia, approved February 16, 1943 (Ga. L. 1943, p. 331), as amended, so as to change the time for observing certain holidays; to provide an effective date.

FRIDAY, FEBRUARY 14, 1975

485

SB 187. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Georgia Polygraph Examiners Act", approved April 9, 1968 (Ga. L. 1968, p. 1217), as amended, so as to clarify certain provisions relating to the definition of "board" and "polygraph"; to provide for a minimum number of hours of instruc tion.

SB 188. By Senator Hamilton of the 26th:
A bill to provide for the confidentiality of certain records concerning reports of child abuse and neglect; to provide that it shall be unlawful to permit unauthorized persons to examine or inspect such confidential records; to provide a penalty; to provide an effective date.

SB 189. By Senator Stephens of the 36th:
A bill to amend an Act known as the "Georgia Equine Act", approved April 30, 1969 (Ga. L. 1969, p. 1021), as amended, so as to provide for the control, supression, prevention and eradication of the equine disease known as "equine infectious anemia" (also known as swamp fever, EIA and slow fever).

SB 194. By Senators Duncan of the 30th, Lester of the 23rd, Hudson of the 35th and others:
A bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System of Georgia, as amended, so as to provide for the instruction in essentials of the United States and State Constitu tions and the study of American institutions and ideals.

SB 195. By Senators Duncan of the 30th and Dean of the 31st:
A bill to amend an Act known as "The Georgia Government Documents Act", approved March 29, 1971 (Ga. L. 1971, p. 216) as amended, so as to require State agencies to update their distribution lists.

SB 204. By Senators Lester of the 23rd, Kidd of the 25th, Doss of the 52nd and Fincher of the 54th:
A bill to amend Chapter 88-24, relating to rights of certain State employees, of the Code of Georgia as amended, particularly by an Act approved March 24, 1970 (Ga. Laws 1970, p. 737), so as to extend com pensation to employees of institutions operated by the Dept. of Human Resources for certain personal property losses sustained through patient action.

SB 244. By Senators Riley of the 1st and McDowell of the 2nd:
A bill to amend an Act entitled "An Act to make the Savannah Port Authority for the harbor and port of Savannah a body corporate and politic; to confer upon it certain powers, duties and jurisdiction; to

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authorize the City of Savannah to delegate to it lawful power, authority and function."

SR 28. By Senators Tate of the 38th, Stumbaugh of the 55th, Bond of the 39th and others:
A resolution to ratify the Equal Rights Amendment to the United States Constitution.

SR 57. By Senators Lester of the 23rd and Doss of the 52nd: A resolution creating the Health Laws Study Committee.

HB 177. By Representatives Burruss of the 21st and Mullinax of the 69th:
A bill to prohibit certain unauthorized1 transfers and reproductions of recorded material; to prohibit distribution and sale of such unautho rized transfers and reproductions of recorded materials.

HR 39. By Representatives Murphy of the 18th, Burruss of the 21st, Lee of the 72nd and others:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee so as to provide terms of the ap pointed members of the Committee; to provide for the appointment and terms of the chairman and the vice chairman of the Committee; to provide for filling vacancies; to remove the Legislative Counsel as an ex officio member of the Committee.

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

SB 158. By Senator Sutton of the 9th:
A bill to provide a new Charter for the City of Ellenton, Georgia, in the county of Colquitt; to provide for the incorporation of said city; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Ellenton, to be exercised by the governing 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.

FRIDAY, FEBRUARY 14, 1975

487

SB 171. By Senator Broun of the 46th:
A bill to amend an Act creating the Board of Commissioners of Oconec County, as amended, so as to change the provisions relating to the com position and election of the said 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 48, nays 0.

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

HB 137. By Messrs. Kreeger and Burruss of the 21st, Nix of the 20th and others:
A bill to amend an Act providing for a new Charter for the City of Marietta so as to change the corporate limits of said city.

The report 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 189. By Messrs. Carlisle and Mostiler of the 71st:
A bill to amend an Act incorporating the City of Sunny Side and providing a new charter for the government so as to change the pro visions relative to the governing body 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 205. By Messrs. Triplett of the 128th, Jones of the 126th, Chance of the 129th and others:
A bill to amend an Act incorporating the City of Port Wentworth so as to extend the corporate limits of said City and annex and incorporate certain additional land into 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 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 225. By Mr. Wall of the 61st: A bill to amend an Act to create a new charter for the Town of Auburn so as 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 273. ByMr. Jessup of the 117th: A bill to amend an Act placing the Sheriff of Pulaski County upon an annual salary so as to change the provisions relating 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 278. By Messrs. Rush of the 121st and Clifton of the 107th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Tattnall County into the office of Tax Commissioner of Tattnall 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.

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489

HB 279. By Messrs. Rush of the 121st and Clifton of the 107th:
A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary so as to change the provisions relating to the compensation of personnel of the clerk'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.

HB 305. By Mr. Bray of the 70th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court (formerly known as the Ordinary) and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, so as to change the compensation provisions relating to the clerk of the judge of the probate 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 320. By Mr. Walker of the 115th: A bill to create a new charter for the City of Oglethorpe; to provide for incorporation of the City; to provide for corporate limits.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 59. By Representative Wall of the 61st: A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the homestead of residents of the Town of Auburn shall be granted a

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homestead exemption of $2,000 from all ad valorem taxation by said town; 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:

"The homestead of each resident of the Town of Auburn is hereby granted an exemption of $2,000 from all ad valorem taxes levied by said town. The exemption provided by this paragraph shall not apply to any homestead which is not actually occupied by the owner as a residence. 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 Town of Auburn, attesting his resi dence in said town and upon the property for which the exemption is sought, and giving such additional information relative to receiv ing the benefits of such homestead exemption as will enable the governing authority or a person designated by the governing author ity of the Town of Auburn, 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 Town of Auburn. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1976."

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 grant a $2,000 homestead exemption from municipal
( ) NO taxes to the residents1 of the Town of Auburn?"

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.

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491

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 Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers
Sutton Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Bond Broun of 46th

Dean of 6th Riley

Tate Traylor

On the adoption of the resolution, the ayes were 50', nays 0.

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

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

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren
Young

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Not answering were Senators: Dean of the 6th, Riley of the 1st and Tate of the 38th.

Senator Garrard of the 37th introduced as chaplain, The Reverend Sam Coker, pastor, Grace United Methodist Church, Atlanta, Georgia, who offered scripture reading and prayer.

The following resolution, favorably reported by the committee, was read and adopted:

SR 49. By Senators Lewis of the 21st and Kennedy of the 4th:
A resolution urging the expanded use of county correctional institutions for the housing of State prisoners.

The following resolutions of the House were read and adopted:

HR 160. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of the dedication of the Richard Brevard Russell Monument.

HR 161. By Representatives Rainey of the 135th, Peters of the 2nd, Adams of the 14th and others:
A resolution urging the trial judges of this State to give more severe penalties to persons convicted of committing serious crimes.

HR 162. By Representatives Hawkins of the 50th, Jordan of the 58th, Murphy of the 18th and others:
A resolution expressing sympathy at the passing of Mr. Robert Eraser Walling.

SENATE CALENDAR
Friday, February 14,1975
SR 31 General Assembly Salaries -- no change during terms (SUB) SB 160 M ART A Board of Directors -- membership SB 82 Teachers' Retirement -- option of local retirement fund SB 109 District Attorney Emeritus -- retirement benefits SB 143 Radar Speed Device -- requirements1 for case

FRIDAY, FEBRUARY 14, 1975

493

SB 155 Legal Advertising -- change certain fees SB 157 Area Planning and Development Commissions-purchases through State SB 167 POW, Wife of MIA -- free motor vehicle license tag SB 168 Veterans and Spouse -- honorary driver's license

The following resolution of the Senate, read the third time on February 13 and postponed until February 14 was put upon its adoption:

SR 31. By Senators Shapard of the 28th, Foster of the 50th, Banks of the 17th and Hudson of the 35th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the salary and allowances of the members of the General Assembly shall not be increased during the term to which they 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 the members of the General Assembly shall not be increased during the term of office to which they are elected."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to pro vide that the salary and allowances of the mem-
( ) NO bers of the General Assembly shall not be in creased during the term to which they 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.

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Senators Shapard of the 28th, Ballard of the 45th and Gillis of the 20th offered the following substitute to SR 31:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the salary and allowances of the members of the General Assembly and all Statewide elected officials, except Justices of the Supreme Court of Georgia and Judges of the Court of Appeals of Georgia, shall not be increased during the term to which they 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 the members of the General Assembly and all Statewide elected officials, except Justices of the Supreme Court of Georgia and Judges of the Court of Appeals of Georgia, shall not be increased during the term of office to which they are elected."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to pro vide that the salary and allowances of the mem bers of the General Assembly and all Statewide
( ) NO elected officials, except Justices of the Supreme Court of Georgia and Judges of the Court of Appeals of Georgia, shall not be increased during the term to which they 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.

On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.

FRIDAY, FEBRUARY 14, 1975

495

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan
Eldridge Fincher Foster Garrard

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell
McDuffie McGill Overby

Pearce Reynolds Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner
Tysinger Warren Young

Those not voting were Senators: Dean of the 6th, Gillis, Riley and Russell.

On the adoption of the resolution, the yeas were 52, nays 0.

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

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

SB 160. By Senators Bell of the 5th, Tysinger of the 41st, Howard of the 42nd and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", approved March 10, 1965 (Ga. Laws 1965, p. 2243) as amended, so as to change the membership of the Board of Directors of the Authority; to provide for terms of office.

Senator Garrard of the 37th offered the following amendment:
Amend SB 160 by changing on line 25, Page 1, the word "twelve" to read "Eleven";

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And on line 1, Page 2, the word "Four" to read "Three";
And on line 9, Page 2, the word "members" to read "member";
And on line 13, Page 2, beginning with the word "one" & striking the remainder of line 13, all of line 14, and lines 15 through "1978".

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:

Banks Barker Barnes Bond Brantley Carter Coverdell Eldridge Garrard Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Hudson Kidd Langford Lewis Robinson

Shapard Stephens Sutton Tate Thompson Timmons Traylor Turner Young

Those voting in the negative were Senators:

Ballard Bell Broun of 46th Brown of 47th
Dean of 31st Doss Foster Gillis

Howard Hudgins Kennedy Lester
McDowell McDuffie McGill Overby

Pearce Reynolds Riley Starr
Stumbaugh Tysinger Warren

Those not voting were Senators: Dean of the 6th, Duncan, Fincher, Russell and Summers.

On the adoption of the amendment, the yeas were 28, nays 23, 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 Banks Barker

Barnes Bell Brantley

Broun of 46th Brown of 47th Carter

FRIDAY, FEBRUARY 14, 1975

497

Coverdell Dean of 31st Doss Eldridge Foster Garrard Gillis
Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard

Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds . Riley

Robinson Shapard Starr Stumbaugh Summers Button Thompson Timmons Traylor
Turner Tysinger Warren

Those voting in the negative were Senators :

Bond Hudgins

Pearce Stephens

Tate Young

Those not voting were Senators: Dean of the 6th, Duncan, Fincher and Russell.

On the passage of the bill, the yeas were 46, nays 6.

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

SB 82. By Senators Tate of the 38th and Bond of the 39th:
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 permit certain teachers an option of remaining a member or becoming a member of a local retirement fund.

The following fiscal note, as required by law, was read by the Secretary:

TEACHERS RETIREMENT SYSTEM State of Georgia
254 Washington Streeet, S.W. Atlanta, Georgia 30334
January 23, 1975

MEMORANDUM

TO:

Honorable Jimmy Lester, Chairman '

Senate Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia

SUBJECT: Senate Bill 82

This bill would apply to members of the Teachers .Retirement System with ten or more years of creditable service with this retirement

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system who become employed with a school system operating a local retirement system. These members would have the option of continuing their membership and retirement coverage with the Teachers Retire ment System.
Since the retirement benefits of members who elected to continue their coverage with our system would be funded under our regular funding procedure, there would be no additional cost to the system nor the State if this bill became law.
The bill would require the local board of education to pay the appropriate employer contributions to the Teachers Retirement System on the salary paid to the member by the local board of education.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators: Dean of the 6th, Fincher and Russell.

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

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

Senator Holloway of the 12th assumed the Chair.

SB 109. By Senators Lewis of the 21st, Young of the 13th, Pearce of the 16th and others:
A bill to amend an Act creating the office of Solicitor General (now District Attorney) emeritus and creating a retirement fund, approved

FRIDAY, FEBRUARY 14, 1975

49S

Feb. 17, 1949 (Ga. Laws 1949, p. 780), as amended, so as to provide for eligibility for appointment and for retirement benefits, and for pay ments into the fund.

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

DATE:

January 29, 1975

SUBJECT : Fiscal Note -- Senate Bill 109

This bill amends the District Attorney Emeritus Retirement Fund and there are approximately 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 amendment 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 increased employee contributions 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.
/s/ James T. Mclntyre, Jr. State Planning & Budget Officer
/s/ E. B. Davis State Auditor

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DEPARTMENT OF ADMINISTRATIVE SERVICES Fiscal Division
P.O. Box 38198 Capitol Hill Station Atlanta, Georgia 30334

January 29, 1975

Honorable James A. Lester State Senator Chairman, Senate Retirement Committee 425 State Capitol Atlanta, Georgia 30334
Dear Senator Lester:
The following information represents the fiscal note on Senate Bill 109 as requested by your Committee.
As a matter of record, there are nineteen District Attorneys making contributions to the District Attorney's Emeritus retirement fund. Of these nineteen, ten are currently eligible to retire as of this date. Using July 1, 1975 as the effective date of this Bill, the following assumptions were made in calculating the fiscal note:
1) All District Attorneys would retire as soon as eligible, with the ten currently eligible to retire on July 1, 1976 at the increased rate of benefits.
2) Benefits will increase from $6,000 to $14,000 per year.
3) Contributions will increase from $450 to $1400 per year effec tive July 1, 1975 and are projected as paid to retirement.
4) Reduced the required number of years to be paid-in from 19 to 18.
5) No deaths.
6) No additional salary increases through FY 1987.
7) No additional members.

Assumptions were not made as to:
1) The cost of current District Attorneys in emeritus status to the State.
2) Interest income on current fund balance of approximately $179,000.
Based on these assumptions, the approximate additional cost of the

FRIDAY, FEBRUARY 14, 1975

501

State over and above the contributions of the nineteen of Senate Bill 109 using July 1, 1975 as an effective date is as follows:

Fiscal Year
1975 1976 1977 1978 1979 1980' 1981 1982 1983 1984 1985 1986 1987 1988

State Cost
$ --0-- 80,525 88,000 88,000 94,625 96,000 99,408 104,000 116,688 130,458 144,000 144,000 151,975 152,000

Should you have any questions, please do not hesitate to call us,

Sincerely,
/s/ G. W. Hogan, Director Fiscal Division

DEPARTMENT OF ADMINISTRATIVE SERVICES Fiscal Division
P.O. Box 38198 Capitol Hill Station Atlanta, Georgia 30334
January 29, 1975
Honorable James A. Lester State Senator Chairman, Senate Retirement Committee 425 State Capitol Atlanta, Georgia 30334
Dear Senator Lester:
As an additional note from an administrative standpoint, I would like to call your attention to Section 4 of S.B. 109. This section deals with the method of payment by the district attorney of his contributions to the retirement fund.
As you know, when this Act was first passed, most district attorneys were on a fee basis. Thus, there was no way for deductions to be made by the State Treasurer as no regular salary was paid.
When the district attorneys were put on a salary basis, our office began deducting their contribution from their monthly salary check upon their approval. We are still doing this at the present time.

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As presented, S.B. 109 provides for quarterly, semi-annual or annual payment of this contribution. There is no provision for con tinuing the monthly deduction procedure. From an administrative stand point, a continuation of the monthly deductions would be the easiest method to handle payment as we are set up to do this. In addition, this would prevent a district attorney from forgetting to send his contribu tion, thus having to pay the 10% penalty as well as the 6% interest per annum.

I would be pleased to work with your Committee or the Legislative Counsel to draft the necessary change to this Bill at your convenience.

Sincerely,
Is/ G. W. Hogan, Director Fiscal Division

Senator Hill of the 29th moved that SB 109 be committed to the Committee on Retirement.

On the motion to commit SB 109 to the Committee on Retirement, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Brantley Broun of 46th Coverdell Doss Fincher

Garrard Hamilton of 26th Hill Howard Hudson Reynolds Robinson Stumbaugh Summers

Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those voting in the negative were Senators:

Banks Barnes Brown of 47th Carter Dean of 31st Duncan Eldridge Foster Gillis

Hamilton of 34th Holley Hudgins Kennedy Kidd Langford Lester Lewis McDowell

McDuffie McGill
Overby Pearce Riley Russell Starr Stephens Young

Those not voting were Senators: Dean of the 6th, Holloway (presiding) and Shapard.

FRIDAY, FEBRUARY 14, 1975

503

On the motion, the yeas were 26, nays 27; the motion was lost, and SB 109 was not committed to the Committee on Retirement.

Senator Lewis of the 21st offered the following amendment:
Amend SB 109 by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. The payment into said fund of five percent of the State salary shall be deducted by the Department of Administrative Services monthly from the salary of each district attorney who is a member of the retirement fund created by this Act. Should any payments not have been 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. Beginning 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 received by him during the period covered by such payments."

On the adoption of the amendment, the yeas were 42, nays 1, and the amend ment was adopted.

Senator Howard of the 42nd moved that SB 109 be tabled.

On the motion to table, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Brantley Broun of 46th Coverdell Doss

Garrard Hill Howard Langford Reynolds Robinson Shapard Starr

Those voting in the negative were Senators:

Banks Barnes Brown of 47th

Carter Dean of 31st Duncan

Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Warren
Eldridge Fincher Foster

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Gillis Hamilton of 26th Hamilton of 34th Holley Hudgins Hudson Kennedy

Kidd Lester Lewis McDowell McDuffie McGill Overby

Pearce Riley Russell Stephens Tate Traylor Young

Those not voting were Senators: Dean of the 6th and Holloway (presiding).

On the motion to table, the yeas were 24, nays 30; the motion was lost, and SB 109 was not tabled.

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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barnes Bond Brown of 47th Carter Dean of 31st Duncan Eldridge Fincher Foster Gillis

Hamilton of 34th Holley Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell

McDuffie McGill Overby Pearce Riley Russell Stephens Tate Traylor Young

Those voting in the negative were Senators:

Ballard
Barker Bell Brantley Broun of 46th Coverdell Doss

Garrard
Hamilton of 26th Hudson Reynolds Robinson Shapard Starr
Stumbaugh

Summers
Sutton Thompson Timmons Turner Tysinger Warren

Those not voting were Senators: Dean of the 6th, Hill and Holloway (presiding).

On the passage of the bill, the yeas were 31, nays 22.

FRIDAY, FEBRUARY 14, 1975

505

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

HB 308. By Representatives Snow of the 1st, Buck of the 95th, Lambert of the 112th and others:
A bill to create the Superior Court Judges Retirement System.

The President resumed the Chair.

The President announced that pursuant to the provisions of HR 160 calling for a joint session of the Senate and House of Representatives, the Senate would stand in recess from 11:45 o'clock A.M. until the dissolution of the joint session.

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 Capitol lawn for the dedication of the Richard Brevard Russell Monument.

Senator Riley of the 1st moved that the Joint Session be now dissolved, and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The President called the Senate to order at 12:42 o'clock P.M.

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

SB 143. By Senator Tysinger of the 41st:
A bill to amend an Act authorizing the use of radar speed detection devices by the various counties and municipalities of this State, approved March 27, 1968 (Ga. L. 1968, p. 425), as amended, so as to make certain exceptions to the requirement that cases and convictions based on the use of speed detection devices be limited to speeds in excess of ten miles per hour above the posted limit.

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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 Banks Barker Bond
Broun of 46th Carter Coverdell Dean of 31st Eldridge Foster Garrard Hamilton of 34th Hill Holley

Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators :

Barnes Bell Brantley Brown of 47th Brown

Dean of 6th Doss Duncan Fincher Gillis

Hamilton of 26th Holloway Lester Russell Summers

On the passage of the bill, the yeas were 42, 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 a committee:

HB 308. By Representatives Snow of the 1st, Buck of the 95th, Lambert of the 112th and others:
A bill to create the Superior Court Judges Retirement System. Referred to Committee on Retirement.

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

FRIDAY, FEBRUARY 14, 1975

507

SB 155. By Senators Garrard of the 37th and Coverdell of the 40th:
A bill to amend Code Section 39-11015 relating to fees for advertising, as amended, so as to change certain fees.

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 Banks Barker Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Eldridge Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Shapard Starr Stephens Stumbaugh Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Hill Hudgins

Robinson

Sutton

Those not voting were Senators:

Barnes Bell Brantley Dean of 6th

Doss Duncan Fincher

Pearce Russell Summers

On the passage of the bill, the yeas were 42, nays 4.

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

SB 157. By Senators Foster of the 50th, Stumbaugh of the 55th and Barker of the 18th:
A bill to authorize the Department of Administrative Services to permit Area Planning and Development Commissions to make purchases

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JOURNAL OF THE SENATE,

through the State and to issue purchase orders for Area Planning and Development Commissions.

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 Banks Barker Barnes Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th

Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bell Brantley Dean of 6th

Doss Duncan Fincher

Russell Summers

On the passage of the bill, the yeas were 48, nays 0.

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

SB 167. By Senators Barker of the 18th, Hudgins of the 15th, Russell of the 10th and others:
A bill to provide for the issuance of free motor vehicle license tags to former prisoners of war in Southeast Asia and the wives of persons Missing In Action in Southeast Asia who reside in Georgia; to provide the procedures connected therewith.

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

FRIDAY, FEBRUARY 14, 1975

509

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 Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter
Coverdell
Dean of 31st
Eldridge
Foster
Garrard
Gillis
Hamilton of 26th
Hamilton of 34th

Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby
Pearce
Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson
Timmons
Traylor
Turner
Tysinger
Warren
Young

Those not voting were Senators:

Bell Dean of 6th Doss

Duncan Fincher

Russell Summers

On the passage of the bill, the yeas were 49, nays 0.

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

SB 168. By Senators Barker of the 18th, Hudgins of the 15th, Russell of the 10th and others:
A bill to provide that certain veterans shall be entitled to receive honor ary driver's licenses; to provide that the surviving spouse of certain veterans shall be entitled to receive honorary driver's licenses; to provide that the spouse of certain veterans shall be entitled to receive honorary driver'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:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bond Brantley
Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th

Hill Holley Holloway Howard Hudgins Hudson
Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh
Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bell Dean of 6th

Doss Duncan

Fincher Russell

On the passage of the bill, the yeas were 50, 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 47. By Representatives Egan of the 25th and Murphy of the 18th :
A bill providing an additional method for the exercise of the power of eminent domain before a special master so as to change the compensation of the special master.

The Senate amendment to HB 47 was as follows:
Amend HB 47 by changing on Page 1, line 25, the amount "$250.00" to "$150.00".

Senator Overby of the 49th moved that the Senate recede from its amend ment to HB 47.

On the motion, the yeas were 42, nays 2; the motion prevailed, and the Senate amendment to HB 47 was receded from.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, February 17, and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock A.M., Monday, February 17, at 1:10 o'clock P.M.

MONDAY, FEBRUARY 17, 1975

511

Senate Chamber, Atlanta, Georgia Monday, February 17,1975

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 and Senate, to-wit:
HB 74. By Representative 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, so as to change the provisions relating to rights and liabilities of females; to amend an Act relating to jury service of women.

HB 83. By Representatives Egan of the 25th and Sams of the 90th:
A bill to provide rules for the recognition and enforcement of moneyjudgments rendered in the courts of foreign states.

HB 475. By Representative Snow of the 1st: 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 581. By Representative Ham of the 80th: A bill to amend an Act creating and establishing a small claims court for Monroe County so as to change the provisions relating to who is to perform the duties of judge of the small claims court when the regular judge shall be unable to discharge his duties.
HB 582. By Representative Ham of the 80th: A bill to amend an Act creating and establishing a small claims court for

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JOURNAL OF THE SENATE,

Jones County so as to change the civil jurisdiction of the Small Claims Court of Jones County.

HB 584. By Representatives Clifton of the 107th and Rush of the 121st:
A bill to amend an Act incorporating the City of Cobbtown so as to provide for staggered terms of office for the mayor and councilmen.

HB 592. By Representatives Milford, Clark and Mann of the 13th:
A bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor so as to change the term of office of the mayor.

HB 594. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act providing a new charter for the City of Helen 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.

HB 595. By Representatives Long of the 142nd and Cox of the 141st:
A bill to change the compensation of the Sheriff of Grady County and to abolish the present system of funding the operation of the Sheriff's Office of Grady County so as to change the compensation of the Sheriff of Grady County.

HB 606. By Representative Bray of the 70th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court (formerly known as the Ordinary) and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation so as to change the compensation of the sheriff.

HB 608. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act creating a board of commissioners of Hall County so as to stagger the terms of the members of the board; to provide for a referendum.

HB 610. By Representatives Russell of the 53rd, Richardson of the 52nd, Tolbert of the 56th 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 the appointment of investigators by the Solicitor of said State Court; to provide for other matters relative thereto.

MONDAY, FEBRUARY 17, 1975

513

HB 612. By Representatives Lee, West, Bailey and Johnson of the 72nd:
A bill to amend an Act creating the Board of Commissioners of Clayton County so as to provide for the disposition of public property; to provide for allocation of funds for the promotion and advertisement of Clayton County.

HB 625. By Representative Sigman of the 74th:
A bill to amend an Act providing for a new Board of Education of New ton County so as to change the provisions relative to the Chairman of the Board of Education of Newton County; to change the compensation of the members of the board of education.

SB 22. By Senator Reynolds of the 48th:
A bill to increase the fees of coroners for services in connection with the holdings of inquests in counties having a population of not less than 66,000 or more than 73,000, according to the 1970 United States Decennial census, or any such future census.

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

SB 273. By Senator Summers of the 53rd:
A bill to amend an Act placing the Sheriff of Dade County on an annual salary in lieu of the fee system of compensation, as amended, so as to provide that if the sheriff does not submit a proposed budget by a certain date, the budget for the current year shall be the budget for the ensuing fiscal year. Referred to Committee on County and Urban Affairs.

SB 274. By Senators Stumbaugh of the 55th, Garrard of the 37th, Tysinger of the 41st and others:
A bill to prohibit members of public agencies, boards, bureaus, commis sions, authorities or other bodies, who are paid on a per meeting basis, from receiving additional compensation for attending more than one meeting of such agency, board, bureau, commission, authority, or body in any one calendar day.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

SB 275. By Senator Brantley of the 56th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to provide certain requirements relative to the certification of teachers, principals and guidance counselors; to provide for all matters relative to the foregoing. Referred to Committee on Education.

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JOURNAL OP THE SENATE,

SB 276. 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 establish ment and collection of a service or representation charge to employees covered by such agreements.
Referred to Committee on Industry, Labor and Tourism.

SB 277. By Senator Hudgins of the 15th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", as amended, so as to change the provisions relating to penalties; to provide an effective date. Referred to Committee on .Banking, Finance and Insurance.

SB 278. By Senator Hudgins of the 15th:
A bill to amend an Act known as the "Georgia Military Forces Re organization Act of 1955", as amended, so as to provide that the Ad jutant General and the Assistant Adjutant General for Army and the Assistant Adjutant General for Air shall be confirmed by the Senate. Referred to Committee on Defense and Veterans Affairs.

SB 279. By Senators Sutton of the 9th, Eldridge of the 7th, Garrard of the 37th and others:
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 definitions; to provide limitations on campaign expenditures; to provide for maximum contributions by individuals and certain organi zations to political campaigns.
Referred to Committee on Judiciary.

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

HB 83. By Messrs. Egan of the 25th and Sams of the 90th:
A bill to provide rules for the recognition and enforcement of moneyjudgments rendered in the courts of foreign states. Referred to the Committee on Judiciary.

HB 74. 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 so as to change the provisions relating to liabilities of females. Referred to Committee on Judiciary.

MONDAY, FEBRUARY 17, 1975

515

HB 475. By Mr. Snow of the 1st:
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 County and Urban Affairs.

HB 581. By Representative Ham of the 80th:
A bill to amend an Act creating and establishing a small claims court for Monroe County so as to change the provisions relating to who is to perform the duties of judge of the small claims court when the regular judge shall be unable to discharge his duties. Referred to Committee on County and Urban Affairs.

HB 582. By Representative Ham of the 80th:
A bill to amend an Act creating and establishing a small claims court for Jones County so as to change the civil jurisdiction of the Small Claims Court of Jones County. Referred to Committee on County and Urban Affairs.

HB 584. By Representatives Clifton of the 107th and Rush of the 121st:
A bill to amend an Act incorporating the City of Cobbtown so as to provide for staggered terms of office for the mayor and councilmen. Referred to Committee on County and Urban Affairs.
HB 592. By Representatives Milford, Clark and Mann of the 13th:
A bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor so as to change the term of office of the mayor. Referred to Committee on County and Urban Affairs.
HB 594. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act providing a new charter for the City of Helen 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 County and Urban Affairs.
HB 595. By Representatives Long of the 142nd and Cox of the 141st:
A bill to change the compensation of the Sheriff of Grady County and to abolish the present system of funding the operation of the Sheriff's Office of Grady County so as to change the compensation of the Sheriff of Grady County. Referred to Committee on County and Urban Affairs.

516

JOURNAL OF THE SENATE,

HB 606. By Representative Bray of the 70th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court (formerly known as the Ordinary) and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 6;08. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act creating a board of commissioners of Hall County so as to stagger the terms of the members of the board; to provide for a referendum. Referred to Committee on County and Urban Affairs.

HB 610. By Representatives Russell of the 53rd, Richardson of the 52nd, Hawkins of the 50th 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 the appointment of investigators by the Solicitor of said State Court; to provide for other matters relative thereto.
Referred to Committee on County and Urban Affairs.

HB 612. By Representatives Lee, West, Bailey and Johnson of the 72nd:
. A bill to amend an Act creating the Board of Commissioners of Clayton County so as to provide for the disposition of public property; to provide for allocation of funds for the promotion and advertisement of Clayton County.
Referred to Committee on County and Urban Affairs.

HB 625. By Representative Sigman of the 74th:
A bill to amend an Act providing for a new Board of Education of Newton County so as to change the provisions relative to the Chairman of the Board of Education of Newton County; to change the compensa tion of the members of the board of education. 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 Bank ing, Finance and Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance and Insurance has had under considera-

MONDAY, FEBRUARY 17, 1975

517

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 147. Do pass by substitute.
SB 148. Do pass as amended.

Respectfully submitted, Holley of 22nd District, Chairman.

Senator Pincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources 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 54. Do pass by substitute. SB 164. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.

Senator Overby of the 49th 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 5. Do pass as amended. SB 44. Do not pass. SB 79. Do pass. SB 85. Do pass. SB 106. Do pass. SB 108. Do pass. SB 141. Do pass by substitute. SB 144. Do pass. SB 176. Do pass.

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JOURNAL OF THE SENATE,

SB 198. Do pass as amended.

Respectfully submitted, Overby of 49th District, Chairman.

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

SB 34. By Senator Fincher of the 54th:
A bill to amend Code Title 88, the Georgia Health Code, as amended, so as to provide for civil penalties; to provide for the practices and procedures in connection with the imposition of such penalties; to provide for judicial review; to provide for injunctive relief; to provide for other matters relative to the foregoing.

SB 161. By Senators Fincher of the 54th and Garrard of the 37th:
A bill to amend an Act providing for the control and operation of Clinical Laboratories, approved March 20, 1970 (Ga. L. 1970, p. 531), as amended, so as to delete therefrom that portion which exempts clinical laboratories operated for performance of premarital serologic tests for syphilis, to increase from two to three the number of labora tories which one licensed director can direct at any given time.

SB 179. By Senator Kidd of the 25th:
A bill to amend Code Section 58-207, relating to the seizure, destruc tion and sale of contraband articles used in violation of the liquor laws of this State, as amended by an Act approved1 February 1, 1946 (Ga. L. 1946, p. 96), so as to provide for the payment into the county treasury of any moneys over and above the payment of expenses and court costs.

SB 181. By Senator Kidd of the 25th:
A bill to amend Code Section 92-4901.1, relating to tax collectors and tax commissioners as ex officio sheriffs for certain purposes, as amended, so as to authorize the transfer of tax fi. fas. in certain instances in order to permit collection of taxes.

SB 184. By Senator Kidd of the 25th:
A bill to provide that persons, firms or corporations operating a com munity antenna television system shall be subject to the jurisdiction, regulation and control of the Georgia Public Service Commission; to provide the procedures connected therewith.

MONDAY, FEBRUARY 17, 1975

519

SB 191. By Senators Shapard of the 28th, Banks of the 17th and Carter of the 14th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974 (Ga. L. 1974, p. 1045), so as to change the provisions relative to the allotment of teachers; to provide for all matters relative thereto.

SB 196. By Senators Ballard of the 45th, Tysinger of the 41st, Stumbaugh of the 55th and others:
A bill to amend Code Title 114, relating to workmen's compensation, as amended, so as to delete the requirement that an employer be engaged in a business operated for gain or profit; to provide for uni form coverage of all county and school district employees.

SB 211. By Senators Kennedy of the 4th and Traylor of the 3rd:
A bill to repeal an Act creating the Groveland Lake Development Authority, approved April 23, 1969 (Ga. L. 1969, p. 572), to provide an effective date.

SB 226. By Senator Stephens of the 36th:
A bill to amend an Act to extend, fix and prescribe a right to redeem property sold under or in obedience to any execution issued1 for the collection of State, county, city, municipal or school taxes, or special assessments, as contained in Ga. L. 1937, pp. 491-496 inclusive, as amended, so as to provide for the redemption of real estate sold at tax sales by municipal or county authorities.

SB 235. By Senator Kidd of the 25th:
A bill to provide that each department, board, bureau, agency or commission of State government which employs certain physicians shall purchase certain policies of insurance; to provide for the practices, procedures, conditions and requirements in connection therewith.

SB 236. By Senator Kidd of the 25th:
A bill to amend an Act creating the Board of Funeral Service and regulating the practice of embalming and funeral directing, approved February 13, 1950 (Ga. L. 1950, p. 238), as amended, so as to provide that apprentice service as a requirement for licensing may be earned on a part-time basis.

SB 245. By Senators Ballard of the 45th, Stephens of the 36th, Pearce of the 16th and others:
A bill to repeal Code Sections 54-108 through 54-115, Section 54-121, Sections 54-137 through 54-141, and Section 54-9911, all relating to

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JOURNAL OF THE SENATE,

the organization and operation of the State Board of Workmen's Compensation; to amend Code Sections 54-117 and 54-9910; and to amend Code Title 114, relating to workmen's compensation, as amended.

SB 249. By Senator Starr of the 44th:
A bill to define the grounds for termination of the contracts of teachers, principals and other employees having a contract for a definite term; to prescribe the procedures therefor; to provide for counsel; to define the requirements for subpoenas, hearings, findings, oaths of witnesses, evidence, burden of proof, decisions and appeals.

SR 37. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the terms of office of the Public Service Commissioners; to provide for the submission of this amendment for ratification or rejection.

SR 40. By Senator Gillis of the 20th:
A resolution authorizing the conveyance of a certain tract of State-owned property to Montgomery County.

SR 68. By Senators Stumbaugh of the 55th, Carter of the 14th, Starr of the 44th and others:
A resolution creating the State School Readiness Testing Study Com mittee.

HB 48. By Representative Egan of the 25th:
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 elective members of municipal governing authorities.

HB 86. By Representatives Colwell and Twiggs of the 4th, Sweat of the 150th and Dixon of the 151st:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to provide for isolated schools.

HB 146. By Representatives Hutchinson of the 133rd, Larsen of the 119th, Jones of the 126th and others:
A bill to authorize the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia.

HB 148. By Representatives Lambert of the 112th, Carlisle of the 71st, Burruss of the 21st and others:
A bill to create the Heritage Trust Commission; to set forth the powers and duties of the Board of Natural Resources.

MONDAY, FEBRUARY 17, 1975

521

HB 181. By Representatives Pinkston of the 100th, Evans of the 99th, Lucas of the 102 and others:
A bill to repeal Code Section 91-1126, relating to the use of certain publicly owned utilities.

SB 180. By Senator Kidd of the 25th:
A bill to vest in the tax commissioners of certain counties all the powers and duties of sheriffs, in their respective counties, relative only to the collection of all tax fi. fas. issued by such tax commissioners, to make levy of such fi fas., advertisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property.

SB 213. By Senator Stephens of the 36th:
A bill to amend an Act creating and establishing a purchasing depart ment in certain counties, as amended, so as to change the provisions relative to the appointment and terms of a county purchasing agent; to change the provisions relative to purchases without competition.

SB 225. By Senator Stephens of the 36th:
A bill to amend Code Chapter 24-27, pertaining to clerks of the superior court, as amended, so as to provide that in counties having a population of 600,000 or more, according to the 1970 United States Decennial Census or any future such census, no cost deposit shall be required in civil actions, but all fees shall be collected at the time of performing services.
SB 233. By Senator Reynolds of the 48th:
A bill to create the Gwinnett County Recreation Authority and to au thorize such authority to acquire, construct, equip, maintain and operate an athletic stadium or stadiums and the usual facilities related thereto, recreational centers and areas, including, but not limited to, play grounds, parks, hiking, camping, picnicking areas and facilities, swim ming, and wading pools, lakes, golf courses, tennis courts, and athletic fields.
SB 238. By Senators McDowell 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 180,000 and not more than 190,000 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.

SB 243. By Senator Traylor of the 3rd:
A bill to provide for the compensation of judges of the State courts in certain counties of this State; to provide an effective date.

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JOURNAL OP THE SENATE,

HB 229. By Mr. Snow of the 1st:
A bill to amend an Act placing the Clerk of the Superior Court of Dade County on an annual salary in lieu of the fee system of compen sation so as to change the provisions relating to the compensation of the deputy clerk.

HB 330. By Mr. Shanahan of the 7th:
A bill to amend an Act placing the Clerk of the Superior Court and Judge of the Probate Court (formerly Ordinary) of Gordon County upon an annual salary so as to change the provisions relative to the compensation of said officers.

HB 331. 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 com pensation of said officer.

HB 332. By Mr. Shanahan of the 7th:
A bill to amend an Act placing the Sheriff of Gordon County upon an annual salary so as to change the provisions relative to the compensa tion of the sheriff.

HB 333, By Mr. Shanahan of the 7th:
A bill to amend an Act providing for the office of Commissioner of Gordon County so as to change the provisions relative to the compensa tion of said commissioner.

HB 343. By Mr. Baugh of the 108th:
A bill to amend an Act placing the Sheriff of Wilkinson County on an annual salary so as to change the compensation of the sheriff.

HB 344. By Mr. Baugh of the 108th:
A bill to amend an Act creating the office of Tax Commissioner of Wilkinson County so as to change the compensation of the clerical assistant to the Tax Commissioner.

HB 345. By Mr. Baugh of the 108th:
A bill to provide that the tax liability for each ad valorem property taxpayer within Wilkinson County shall, as a minimum, be not less than the sum of $1.00.

MONDAY, FEBRUARY 17, 1975

523

HB 346. By Messrs. Triplett of the 128th, Jones of the 126th, Chance of the 129th and others:
A bill to amend an Act incorporating the City of Port Wentworth so as to extend the corporate limits of said city and annex and incorporate certain additional land into said city.

HB 412. By Messrs. Patten and Carter of the 146th:
A bill to provide for the appointment of the Berrien County School Superintendent; to provide for a referendum.

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

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not answering were Senators:

Banks Dean of 31st Duncan

Eldridge Fincher Howard

Pearce Russell Young

Senator Barnes of the 33rd introduced as Chaplain, The Reverend J. A. Landers, Director, Concord Tallapoosa Baptist Association, Clarksdale, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 79. By Senators Traylor of the 3rd and Kennedy of the 4th: A resolution commending Honorable Paul E. Caswell.

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JOURNAL OF THE SENATE,

SR 80. By Senators Traylor of the 3rd and Kennedy of the 4th: A resolution commending Honorable John R. Harvey.

SENATE CALENDAR
Monday, February 17, 1975
SB 84. Optometry Registration -- increase penalty failure to renew SB 152. Public Assistance -- recovery of overpayments SB 177. Public Employees Blood Donor Program -- leave of absence SB 178. Public and Legal Holiday -- change certain times for observing
(AM) SB 187. Polygraph Examiners Act -- definition of "board" and "poly
graph" SB 188. Reports of Child Abuse and Neglect -- reports confidential SB 189. Swamp Fever (EIA) -- provide for control and prevention
(SUB) SB 194. University System -- instruction on United States and State
Constitutions SB 195. Government Documents Act -- updating distribution lists SB 204. State Institution Employee -- personal property losses SB 244. Savannah Port Authority -- not a department of City of
Savannah SR 28. Equal Rights Amendent -- ratify SR 57. Health Laws Study Committee -- create (SUB) HB 177. Recorded Material -- prohibit certain reproductions HR 39. MARTOC -- terms of appointed members (AM)

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

SB 84. By Senator Starr of the 44th:
A bill to amend Code Chapter 84-11, relating to the practice of optometry, as amended, so as to increase the delinquency penalty for failure to renew registration annually.

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 17, 1975

525

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester
Lewis McDowell McDuffie McGill Overby Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Duncan

Pearce

Russell

On the passage of the bill, the yeas were 52, nays 0.

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

SB 177. By Senator Starr of the 44th:
A bill to authorize leaves of absence for public employees when the absence i& to permit the employee to participate in certain blood dona tion programs; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes
Bell Bond Brantley

Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st

Doss Eldridge Fincher Foster Garrard Gillis

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JOURNAL OF THE SENATE,

Hamilton of 26th Hamilton of 34th Hill
Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester

Lewis McDowell McDuffie
McGill Overby Reynolds Riley Robinson Shapard Starr Stephens

Stumbaugh Summers Sutton
Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Duncan

Pearce

Russell

On the passage of the bill, the yeas were 52, nays 0.

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

SB 178. By Senators Kidd of the 25th and Lester of the 23rd:
A bill to amend an Act designating public and legal holidays in the State of Georgia, approved February 16, 1943 (Ga. L. 1943, p. 331), as amended, so as to change the time for observing certain holidays; to provide an effective date.

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SB 178 by adding in the title on Page 1, line 4, immediately preceding the word "to", the following:
"to provide that a certain day shall not be a legal holiday;".
By striking on Page 1, lines 17 and 18 of Section 1, the following: "the 30th day of May, known as National Memorial Day;".
On the adoption of the amendment, the yeas were 39, 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, the President ordered a roll call, and the vote was as follows:

MONDAY, FEBRUARY 17, 1975

527

Those voting in the affirmative were Senators:

Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McGill Overby Reynolds

Riley Robinson Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Bell Garter Hill

Hudgins McDuffie

Shapard Timmons

Those not voting were Senators:

Ballard Duncan

McDowell Pearce

Russell

On the passage of the bill, the yeas were 44, nays 7.

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

SB 187. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Georgia Polygraph Examiners Act", approved April 9, 1968 (Ga. L. 1968, p. 1217), as amended, so as to clarify certain provisions relating to the definition of "board" and "polygraph"; to provide for a minimum number of hours of instruction.

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:

Banks Barker Bell Bond Brantley Broun of 46th Brown of 4'7th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis JilcDowell McDuffie McGill Overby Reynolds

Riley
Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard

Barnes

Pearce

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

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

Senator Hamilton of the 26th moved that the following bill of the Senate be postponed until Wednesday, February 19:

SB 188. By Senator Hamilton of the 26th:
A bill to provide for the confidentiality of certain records concerning reports of child abuse and neglect; to provide that it shall be unlawful to permit unauthorized persons to examine or inspect such confidential records; to provide a penalty; to provide an effective date.

On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 188 was postponed until Wednesday, February 19.

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:

SB 204. By Senators Lester of the 23rd, Kidd of the 25th, Doss of the 52nd and Fincher of the 54th:
A bill to amend Chapter 88-24, relating to rights of certain State employeees, of the Code of Ga., as amended, particularly by an Act ap-

MONDAY, FEBRUARY 17, 1975

529

proved Mar. 24, 1970 (Ga. Laws 1970, p. 737), so as to extend compensa tion to employees of institutions operated by the Department of Human Resources for certain personal property losses sustained through patient action.

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
Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those voting in the negative were Senators:

Hudgins

Stumbaugh

Reynolds Riley Robinson Russell
Shapard Starr Stephens Summers
Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Not voting was Senator Pearce.

On the passage of the bill, the yeas were 53, nays 2.

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

SB 152. By Senator Fincher of the 54th:
A bill to amend an Act known as the "Georgia Public Assistance Act of 1965", approved Mar. 30, 1965 (Ga. Laws 1965, p. 385), as amended, so as to provide that the Department of Human Resources may recover overpayments of public, assistance from recipients either 'by a civil action or by reduction in the future assistance grants.

530

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators Hamilton of the 26th and Pearce.

On the passage of the bill, the yeas were 54, nays 0.

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

SB 194. By Senators Duncan of the 3'Oth, Lester of the 23rd, Hudson of the 35th and others:
A bill to amend Code Chapter 32-1, relating to the Board of Regents and the University System of Georgia, as amended, so as to provide for the instruction in essentials of the United States and State Constitutions and the study of American institutions and ideals.

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 17, 1975

531

Those voting in the affirmative were Senators:

Ballard
Banks Barker Barnes Bell Brantley Broun of 46th Brown of 4'7th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Hamilton of 26th

Button

Those not voting were Senators: Bond and Pearce.

On the passage of the bill, the yeas were 52, nays 2.

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

SB 195. By Senators Duncan of the 30th and Dean of the 31st:
A bill to amend an Act known as "The Georgia Government Documents Act", approved March 29, 1971 (Ga. Laws 1971, p. 216), as amended, so as to require State agencies to update their distribution lists.

Senator McGill of the 24th offered the following amendment:
Amend SB 195 by inserting on Page 2, line 13, after the number "1976", the following:
"; and provided, further, that the provisions of this sentence shall not apply to the Farmers and Consumers Market Bulletin published by the Georgia Department of Agriculture".

On the adoption of the amendment, the yeas were 41, nays 0, and -the amend ment was adopted.

532

JOURNAL OF THE SENATE,

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Langford
Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators: Hill, Hudson and1 Pearce.
On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite econstitutional majority, was passed as amended.
HB 177. By Reps. Burruss of the 21st and Mullinax of the 69th: Senate Sponsor: Senator Holloway of the 12th. 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.

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 17, 1975

533

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators: Hudson, Pearce, Tate and Timmons.

On the passage of the bill, the yeas were 52, nays 0.

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

SR 28. By Senators Tate of the 38th, Stumbaugh of the 55th, Bond of the 39th and others:
A RESOLUTION
To ratify the Equal Rights Amendment to the United States Consti tution ; and for other purposes.
WHEREAS, the 92nd Congress of the United States of America at its second Session, in both Houses, by a Constitutional majority of twothirds thereof, adopted the following proposition to amend the Constitu tion of the United Slates of America in the following words, to-wit:
"JOINT RESOLUTION
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), that the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as a part of the Constitu tion when ratified by the Legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:

534

JOURNAL OF THE SENATE,

ARTICLE

Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.

Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 3. This Amendment shall take effect two years after the date of ratification."

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the above proposed amendment to the Constitution of the United States of America is hereby ratified.

BE IT FURTHER RESOLVED that the Secretary of State is hereby directed to transmit a certified copy of this resolution to the Administrator of General Services, Washington, D. C., to the President of the United States Senate, and to the Speaker of the United States House of Representatives.

The report of the committeee, 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 Banks Barker Bell Bond Broun of 46th Coverdell Dean of 31st

Eldridge Fincher Foster Garrard Hamilton of 26th Howard Kidd

Those voting in the negative were Senators:

Barnes Brantley Brown of 47th Carter Dean of 6th Doss Duncan Gillis Hamilton of 34th Hill Holley

Holloway Hudgins Hudson Kennedy Lester Lewis McDuffie McGill Overby Reynolds Robinson

Langford McDowell Pearce Riley Shapard Stumbaugh Tate
Russell Starr Stephens Summers Sutton Thompson Timmons Turner Tysinger Warren Young

MONDAY, FEBRUARY 17, 1975

535

Not voting was Senator Traylor of the 3rd.

On the adoption of the resolution, the yeas were 22, nays 33.

The resolution, having failed to receive the requisite constitutional majority, was lost.

Senator Lester of the 23rd filed the following statement with the Secretary of the Senate:
Mr. President: I voted against SR 28 for the following reason:
Since I was elected in 1970 to the Georgia Senate, I have always tried to represent and express the sentiments of the majority of my constituents.
Because the majority of those who contacted me were opposed to the approval of the Equal Rights Amendment, and further, because I know that any laws discriminating against women in Georgia can and should be changed by the Georgia General Assembly without Congres sional or Federal Court interference.
Jimmy Lester Senator, 23rd District

Senator Tate of the 38th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 28.
Senator Stephens of the 36th moved that the following bill of the Senate be postponed until February 18:
SB 189. By Senator Stephens of the 36th:
A bill to amend an Act known as the "Georgia Equine Act", approved April 30, 1969 (Ga. L. 1969, p. 1021), as amended, so as to provide for the control, suppression, prevention and eradication of the equine disease known as "equine infections anemia" (also known as swamp fever, EIA and slow fever).

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 189 was postponed until February 18.

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

SB 244. By Senators Riley of the 1st and McDowell of the 2nd:
A bill to amend an Act entitled "An Act to make the Savannah Port Authority for the harbor and port of Savannah a body corporate and

536

JOURNAL OF THE SENATE,

politic; to confer upon it certain powers, duties and jurisdiction; to authorize the City of Savannah to delegate to it lawful power, authority and function."

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway
Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators: Hudgins, Tate and Warren.

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

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

SR 57. By Senators Lester of the 23rd and Doss of the 52nd: A resolution creating the Health Laws Study Committee.

The Committee on Human Resources offered the following substitute to SR 57:
A RESOLUTION
Creating the Health Laws Study Committee; and for other purposes.
WHEREAS, the laws relating to public health in the State of Georgia have greatly multiplied since the enactment of the Georgia Health Code of 1964; and

MONDAY, FEBRUARY 17, 1975

537

WHEREAS, a need exists to compile, clarify and codify laws relat ing to public health.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Health Laws Study Committee to be composed of ten members to be selected as follows: three members of the Senate who shall be appointed by the President of the Senate; three members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives; and four members to be appointed by the Governor. The Committee shall be authorized to study and review State laws relating to public health and to prepare legislation necessary to compile, clarify and codify State laws relating to public health. The Committee is further authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The Department of Human Resources is authorized to furnish such assistance to the Committee as the Committee deems appropriate, and the Department is further authorized to employ consultants to assist the Committee. Each member of the Committee except State officials and employee members shall receive for his services on the Committee the expenses and allowances authorized by law for members of interim legislative committees. State officials and employee members of the Committee shall receive no compensation for their services, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the Committee. The funds necessary for the reimbursement of the expenses of State officials and employee members shall come from funds appropriated or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this Resolution shall come from funds ap propriated or otherwise available to the Legislative Branch of Govern ment. The Committee shall make a report of its findings and recom mendations, with suggestions for proposed legislation, if any, to the 1976 Session of the General Assembly on or before December 31, 1975, at which time the Committee shall stand abolished.

On the adoption of the substitute, the yeas were 42, nays 0, 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.

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 Banks Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

538

JOURNAL OP THE SENATE,

Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hill Holloway Howard

Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators: Hamilton of the 34th, Holley and Warren.

On the adoption of the resolution, the yeas were 53, nays 0.

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

HR 39. By Reps. Murphy of the 18th, Burruss of the 21st, Lee of the 72nd and others:
Senate Sponsor: Senator Howard of the 42nd.
A resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee so as to provide terms of the appointed members of the Com mittee; to provide for the appointment and terms of the chairman and the vice chairman of the Committee; to provide for filling vacancies; to remove the Legislative Counsel as an ex officio member of the Com mittee.

The Committee on Rules offered the following amendment:
Amend HR 39 by inserting on Page 2, line 24, after the word "Senate", the following:
"or an alternate from the Banking and Finance Committee to be appointed by the President of the Senate".

On the adoption of the amendment, the yeas were 0, nays 33, and the com mittee amendment was lost.

Senator Eldridge of the 7th offered the following amendment: Amend HR 39 by striking on page 2, lines 23 & 24 the words:

MONDAY, FEBRUARY 17, 1975

539

"the Chairman of the Banking & Finance Committee of the Senate";

And by inserting in lieu thereof the words:

"A member of the Senate Banking, Finance and Insurance Com mittee to be selected by the President of the Senate".

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.

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

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 4'7th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators: Duncan, Summers, Tate and Warren.

On the adoption of the resolution, the yeas were 52, nays 0.

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

540

JOURNAL OF THE SENATE,

Senator Broun of the 46th moved that the following bill of the Senate be withdrawn from the Committee on Appropriations and committed to the Com mittee on Higher Education:

SB 255. By Senator 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 Ga., approved April 14, 1971 (Ga. L. 1971, p. 906), as amended, so as to provide that eligible students must be full-time students as of the beginning of each school term for which such grant is paid.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 255 was withdrawn from the Committee on Appropriations and committed to the Committee on Higher Education.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow at 12:50 o'clock P.M.

TUESDAY, FEBRUARY 18, 1975

541

Senate Chamber, Atlanta, Georgia Tuesday, February 18, 1975

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

Senator Young of the 13th reported that the journal of yesterday's 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 had passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:
HB 618. By Representatives Smith of the 78th, Lambert of the 112th, Vaughn of the 57th and others: A bill to amend Code Section 95-A-959 relating to the weight and load limitations for vehicles using the public roads of this State so as to change the provisions for the maximum permissible gross loads for certain vehicles.
SB 62. By Senators Banks of the 17th, Lewis of the 21st, Barnes of the 33rd 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.
HB 538. By Representatives Carries of the 43rd, Harris of the 60th and others: A bill to amend an Act known as the "Georgia Industrial Loan Act" so as to change the maximum permissible loan; to change the maximum loan period; to provide for monthly maintenance charges; to exclude such maintenance charges from certain interest rate limitations.
HB 436. By Representative Hawkins of the 50th: A bill to amend an Act approved March 21, 1974, relating to investiga tive grand juries in counties having a population of not less than 400,000 or more than 600,000, so as to provide these investigative grand juries with subpoena powers.

542

JOURNAL OF THE SENATE,

HB 627. By Representative Sizemore of the 136th:
A bill to provide a new Charter for the City of Warwick, Ga., in the County of Worth.

HB 629. By Representatives Cooper and Wilson of the 19th, Nix of the 20th and others: 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 change the maximum compensation of the assistant solicitors.
HB 631. By Representatives Bargeron of the 83rd and Evans of the 84th: A bill to abolish the present mode of compensating the Clerk of the Superior Court of Jefferson County, known as the fee system; to provide in lieu thereof an annual salary.
HB 632. By Representatives Bargeron of the 83rd and Evans of the 84th: A bill to amend an Act creating the State Court of Jefferson County (formerly known as the City Court of Louisville), so as to change the compensation of the judge and solicitor of said court.
HB 635. By Representatives Castleberry of the lllth and Edwards of the 110th: A bill to provide a new charter for the City of Cusseta.
HB 637. By Representative Vaughn of the 57th: A bill to provide for a Public Defender for Rockdale County.

HB 638. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Tax Commissioner of Rockdale County so as to change the salary of the tax commissioner.

HB 639. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compensation so as to change the salary of the coroner.

HB 640. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Rockdale County in lieu of the fee system of com pensation so as to change the salary of the judge of the probate court and his chief deputy.

TUESDAY, FEBRUARY 18, 1975

543

HB 641. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Commissioner of Rockdale County so as to change the salary of the commissioner.

HB 642. By Representative Vaughn of the 57th:
A bill to amend an Act fixing the compensation of the Clerk of the Superior Court of Rockdale county so as to change the salary of the clerk and his deputies.

HB 643. By Representatives Vaughn of the 57th and Sigman of the 74th:
A bill to repeal an Act providing for a Public Defender for Rockdale and Newton Counties so as to abolish the office of public defender in said counties.

HB 644. By Representative 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 and his deputies.

HB 649. By Representative Fraser of the 139th:
A bill to amend an Act incorporating the Town of Allenhurst so as to change the terms of office of the mayor and councilmen, and the provisions relating to town elections.

HB 650. By Representative Fraser of the 139th:
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 provisions relating to the compensation of deputy sheriffs.

HB 651. By Representative Fraser of the 139th:
A bill to amend an Act providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County so as to change the compensation of the sheriff.

HB 655. By Representative Leonard of the 3rd:
A bill to amend an Act creating a new charter for the City of Chatsworth so as to authorize the sale or lease of a certain tract of cityowned property; to confirm certain sales of city-owned property.

HB 658. By Representatives Chance of the 129th, Triplett of the 128th, Taggart of the 125th and others:
A bill to amend an Act creating a new charter for the Town of Pooler, and to otherwise amend the laws constituting the Charter for the Town of Pooler.

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JOURNAL OF THE SENATE,

HB 661. By Representative Ross of the 76th:
A bill to create and establish a Small Claims Court in and for Taliaferro County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court.

HB 662. By Representatives Davis and Tolbert of the 56th, Jordan of the 58th and others:
A bill to amend an Act creating the Recorders Court of DeKalb County so as to change the provisions relative to the appointment of marshals of the recorders court.

HB 664. By Representative Ham of the 80th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Jones 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.

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

HR 117. By Representative Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to exclude retirement, pension or disability benefits, up to a certain maxi mum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000 from ad valorem taxes levied by the City of Perry.

HR 144. By Representative Rainey of the 135th:
A resolution proposing an amendment to the Constitution so as to authorize the County of Crisp to issue revenue anticipation obligations under certain conditions and without an election for electric gen erating, transmission and distribution systems; to provide for the submission of this amendment for ratification or rejection.

HR 156. By Representatives Tolbert of the 56th, Jordan of the 58th, Linder of the 44th and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of DeKalb County to enter into certain contracts providing for garbage and solid waste collection and disposal.

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

TUESDAY, FEBRUARY 18, 1975

545

HB 4. By Representative Adams of the 14th:
A bill to make unlawful certain acts in connection with motor vehicle odometer readings; to provide penalties for violation; to provide an effective date.

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

SB 280. By Senator Barnes of the 33rd:
A bill to amend Code Section 27-3102, relating to the sale and destruc tion of weapons, so as to provide that weapons used in the commission or attempted commission of a crime may be destroyed when no longer needed for evidentiary purposes. Referred to Committee on Judiciary.

SB 281. By Senator Dean of the 6th:
A bill to protect the beaches and dunes of this State; to provide a short title; to provide definitions; to provide for legislative intent; to create the Beach and Dune Protection Commission; to provide for the com position of said commission; to provide for a chairman of said com mission.
Referred to Committee on Natural Resources and Environmental Quality.

SB 282. By Senators Gillis of the 20th, McGill of the 24th, Lewis of the 21st and others:
A bill 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.
Referred to Committee on Higher Education.

SB 283. By Senator Tysinger of the 41st:
A bill to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County and creating a Board of Commissioners of DeKalb County, as amended, so as to in crease the membership of said board of commissioners; to provide for five commissioner districts.
Referred to Committee on County and Urban Affairs.

SB 284. By Senator Sutton of the 9th:
A bill to provide a new Charter for the City of Doerun, Georgia, in the County of Colquitt; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city government.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

SB 285. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for the creation of a Consumer Advisory Board; to name the Administrator; to author ize the Administrator to conduct investigations; to provide for severability.
Referred Committee on Consumer Affairs.

SB 286. By Senators Barker of the 18th, Holloway of the 12th, Sutton of the 9th and others:
A bill to provide procedures for the return of mobile homes for taxation, determining the applicable rates therefor, and collecting the ad valorem tax imposed thereon; to provide for all matters relative thereto; to provide an effective date.
Referred to Committee on Banking, Finance and Insurance.

SR 81. By Senators Gillis of the 20th, Carter of the 14th, Lewis of the 21st and others:
A resolution designating the Engineering Experiment Station at Georgia Tech as the Georgia Productivity Center. Referred to Committee on Higher Education.

SR 8.2. By Senators Barker of the 18th, Holloway of the 12th, Sutton of the 9th and others:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to enact legislation treating any and all mobile homes as a separate class of property from other classes of tangible property for ad valorem tax purposes and to adopt different rates, methods or assessment dates for the taxation of such property and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said mobile homes.
Referred to Committee on Banking, Finance and Insurance.

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

HB 436. By Mr. Hawkins of the 50th:
A bill to amend an Act approved March 21, 1974, relating to investiga tive grand juries in counties having a population of not less than 400,000 or more than 600,000, so as to provide these investigative grand juries with subpoena powers. Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 18, 1975

547

HB 627. By Representative Sizemore of the 136th:
A bill to provide a new Charter for the City of Warwick, Ga., in the County of Worth. Referred to Committee on County and Urban Affairs.

HB 629. By Representatives Cooper and Wilson of the 19th, Nix of the 20th and others:
A bill to amend an Act creating the Senate Court of Cobb County, formerly known as the Civil and Criminal Court of Cobb County so as to change the maximum compensation of the assistant solicitors. Referred to Committee on County and Urban Affairs.

HB 631. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Jefferson County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on County and Urban Affairs.

HB 632. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act creating the State Court of Jefferson County (formerly known as the City Court of Louisville) so as to change the compensation of the judge and solicitor of said court. Referred to Committee on County and Urban Affairs.

HB 635. By Representatives Castleberry of the lllth and Edwards of the 110th:
A bill to provide a new charter for the City of Cusseta. Referred to Committee on County and Urban Affairs.

HB 637. By Representative Vaughn of the 5Tth:
A bill to provide for a Public Defender for Rockdale County. Referred to Committee on County and Urban Affairs.

HB 638. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Tax Commissioner of Rockdale County so as to change the salary of the tax commissioner. Referred to Committee on County and Urban Affairs.
HB 639. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compensation so as to change the salary of the coroner. Referred to Committee on County and Urban Affairs.

548

JOURNAL OF THE SENATE,

HB 640. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Rockdale County in lieu of the fee system of compensation so as to change the salary of the judge of the probate court and his chief deputy. Referred to Committee on County and Urban Affairs.

HB 641. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Commissioner of Rockdale County so as to change the salary of the commissioner. Referred to Committee on County and Urban Affairs.

HB 642. By Representativa Vaughn of the 57th:
A bill to amend an Act fixing the compensation of the Clerk of the Superior Court of Rockdale County so as to change the salary of the clerk and his deputies. Referred to Committee on County and Urban Affairs.

HB 643. By Representatives Vaughn of the 57th and Sigman of the 74th:
A bill to repeal an Act providing for a Public Defender for Rockdale and Newton Counties so as to abolish the office of public defender in said counties. Referred to Committee on County and Urban Affairs.

HB 644. By Representative 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 and his deputies. Referred to Committee on County and Urban Affairs.

HB 649. By Representative Fraser of the 139th:
A bill to amend an Act incorporating the Town of Allenhurst so as to change the terms of office of the mayor and councilmen, and the pro visions relating to town elections. Referred to Committee on County and Urban Affairs.

HB 650. By Representative Fraser of the 139th:
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 provisions relating to the compensation of deputy sheriffs. Referred to Committee on County and Urban Affairs.

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549

HB 651. By Representative Fraser of the 139th:
A bill to amend an Act providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 655. By Representative Leonard of the 3rd:
A bill to amend an Act creating a new charter for the City of Chatsworth so as to authorize the sale or lease of a certain tract of cityowned property; to confirm certain sales of city-owned property. Referred to Committee on County and Urban Affairs.

HB 658. By Representatives Chance of the 129th, Triplett of the 128th, Taggart of the 125th and others:
A bill to amend an Act creating a new charter for the Town of Pooler, and to otherwise amend the laws constituting the Charter of the Town of Pooler. Referred to Committee on County and Urban Affairs.

HB 661. By Representative Ross of the 76th:
A bill to create and establish a Small Claims Court in and for Taliaferro County; to prescribe the jurisdiction of said court; to describe the pleading and practice in said court. Referred to Committee on County and Urban Affairs.
HB 662. By Representatives Davis and Tolbert of the 56th, Williamson of the 45th and others:
A bill to amend an Act creating the Recorder's Court of DeKalb County so as to change the provisions relative to the appointment of marshals of the recorder's court. Referred to Committee on County and Urban Affairs.
HB 664. By Representative Ham of the 80th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Jones 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. Referred to Committee on County and Urban Affairs.
HB 4. By Mr. Adams of the 14th:
A bill to make unlawful certain acts in connection with motor vehicle odometer readings; to provide penalties or violation; to provide an effective date. Referred to Committee on Transportation.

550

JOURNAL OF THE SENATE,

HB 538. By Representatives Games of the 43rd, Harris of the 60th, McKinney of the 35th and Smith of the 78th:
A bill to amend an Act known as the "Georgia Industrial Loan Act" so as to change the maximum permissible loan; to change the maximum loan period; to provide for monthly maintenance charges; to exclude such maintenance charges from certain interest rate limitations.
Referred to Committee on Banking, Finance and Insurance.

HB 618. By Representatives Smith of the 78th, Lambert of the 112th, Vaughn of the 57th and others:
A bill to amend Code Section 95A-959 relating to the weight and load limitations for vehicles using the public roads of this State so as to change the provisions for the maximum permissible gross loads for certain vehicles.
Referred to Committee on Transportation.

Senator Reynolds of the 48th moved that HB 618 be engrossed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 618 was engrossed.

HR 117. By Mr. Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to exclude retirement, pension of disability benefits, up to a certain maxi mum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000 from ad valorem taxes levied by the City of Perry.
Referred to Committee on County and Urban Affairs.

HR 144. By Representative Rainey of the 135th:
A resolution proposing an amendment to the Constitution so as to authorize the County of Crisp to issue revenue anticipation obligations under certain conditions and without an election for electric generating, transmission and distribution systems; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

HR 156. By Representatives Tolbert of the 56th, Linder of the 44th, Williamson of the 45th and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of DeKalb County to enter into certain contracts providing for garbage and solid waste collection and disposal.
Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 18, 1975

551

The following reports of standing committees were read by the Secretary:
Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:

Mr. President:

Your Committee on Banking, Finance and Insurance has had under con sideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 17. Do pass by substitute.
HB 131. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.

Senator Stephens of the 36th District, Chairman of the Committee on Con sumer Affairs, submitted the following report:
Mr. President:
Your Committee on Consumer 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 92. Do pass. SB 138. Do pass. SB 230. Do pass. SB 232. Do pass. SB 246. Do pass.
Respectfully submitted, Stephens of 36th District, Chairman.

Senator Garrard of the 37th 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 68. Do pass. HB 176. Do pass by substitute.

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JOURNAL OP THE SENATE,

HB 304. Do pass.

HB 379. Do pass.

HB 402. Do pass.

HB 403. Do pass.

HB 408. Do pass.

HB 409. Do pass.

HB 426. Do pass.

HB 431. Do pass.

HB 435. Do pass.

HB 441. Do pass.

HB 446. Do pass.

HB 447. Do pass.

HB 448. Do pass.

HB 454. Do pass.

HB 457. Do pass.

HB 458. Do pass.

HB 464. Do pass.

HB 468. Do pass.

HB 469. Do pass.

HB 470. Do pass.

HB 471. Do pass.

HB 472. Do pass.

HB 476. Do pass.

HB 478. HB 480. HB 485. HB 486.

Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Garrard of the 37th 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

TUESDAY, FEBRUARY 18, 1975

553

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 445. Do pass.

HB 459. Do pass.

HB 505. Do pass.

HB 513. Do pass.

HB 515. Do pass.

HB 516. Do pass.

HB 517. Do pass.

HB 518. Do pass.

HB 519. Do pass.

HB 520. Do pass.

HB 523. Do pass.

HB 524. Do pass.

HB 535. Do pass.

HB 537. Do pass.

HB 545. Do pass.

HB 547. Do pass.

HB 548. Do pass.

HB 552. Do pass.

HB 553. Do pass.

HB 554. Do pass.

HB 555. Do pass.

HB 556. HB 557. HB 558. HB 559. HB 560. HB 566. HB 576. HB 577. HB 578. HR 127.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

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JOURNAL OP THE SENATE,

Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. President:

Your Committee on Retirement has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 75. Do pass as amended.

Respectfully submitted, Lester of 23rd District, Chairman.

Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. President:
Your Committee on Transportation has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 250. Do pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

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

SB 5. By Senators Fincher of the 54th, Langford of the 51st and McDowell of the 2nd:
A bill to amend Code Section 28-1704, relating to bad checks, so as to make unlawful the making, drawing, issuance, utterance or delivery of checks, drafts, or orders under certain circumstances; to provide for prima facie evidence of such unlawful act; to define the term "notice"; to provide for dispensing with notice to the drawer or maker of such instrument under certain conditions.

SB 54. By Senator Barker of the 18th:
A bill to provide that it shall be unlawful for any masseur or masseuse to massage any person of the opposite sex; to provide that it shall be unlawful for any person engaged in the massage business to allow any masseur or masseuse in his employment to massage any person of the opposite sex upon those premises upon which such business shall be conducted.

TUESDAY, FEBRUARY 18, 1975

555

SB 79. By Senators Robinson of the 27th, Howard of the 42nd, Coverdell of the 40th and others:
A bill to be known as the "Georgia Financial Disclosure Act of 1975"; to provide for a short title; to provide for a declaration of policy; to provide for definitions; to create a State Ethics Commission; to provide for the composition and appointment of members and their terms of office, powers, duties, compensation, expenses and qualifications.

SB 85. By Senator Starr of the 44th:
A bill to amend an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, so as to provide that an aggrieved party may appeal from an initial decision of an agency representative where agency review of the initial decision would not provide an adequate remedy or is unlawful.

SB 106. By Senator Howard of the 42nd:
A bill to amend Code Chapter 88-17, relating to vital records, as amended, so as to provide certain criteria for pronouncing a person dead; to provide for independent confirmation of death; to provide that persons acting in good faith under the provisions of this Act shall not be liable for civil damages or criminal prosecution.

SB 108. By Senator Howard of the 42nd:
A bill to amend Code Chapter 113-15, relating to the collecting, preserv ing and managing an estate, and paying debts, as amended, so as to provide that certain death benefits payable to the trustee of a testa mentary trust shall not inure to the benefit of the decedent's estate for the purpose of paying debts, taxes, administration expenses or other obligations of the decedent or his estate or for any othr purpose benefiting the decedent's estate.
SB 141. By Senators Starr of the 44th, Holloway of the 12th, Howard of the 42nd and others:
A bill to amend the "Campaign Financing Disclosure Act", approved March 5, 1974 (Ga. L. 1974, p. 155), so as to change the short title of said Act; to change certain definitions; to provide for additional de finitions; to provide for the reporting of all expenditures.
SB 144. By Senators Banks of the 17th, Ballard of the 45th, Lewis of the 21st and Barnes of the 38rd:
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 photo graphing of 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 prosecuting attorney.

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JOURNAL OF THE SENATE,

SB 147. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and Starr of the 44th:
A bill to amend Code Section 13-203.1 relating to bank offices and bank facilities, as amended, so as to provide for the establishment of branch banks through merger, consolidation or sale of assets under certain conditions; to provide for the procedure connected therewith.

SB 148. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th, and Starr of the 44th:
A bill to amend Code Section 13-203, relating to branch banks, as amended, so as to provide that any parent bank located in certain counties of this State may establish a branch bank within certain adjacent counties; to provide an effective date.

SB 164. By Senators Fincher of the 54th and Kidd of the 25th:
A bill to provide that the records and proceedings of any hospital medical review committee, medical organization committee or extended care facility committee shall be confidential; to provide that no mone tary liability shall arise as a result of any act or proceeding performed within the scope of the functions of any such committee.
SB 176. By Senator Doss of the 52nd:
A bill to provide for the orderly and proper cancellation of deeds to secure debt; to provide for the method of cancellation; to provide for the cancellation by a transferee or asignee; to provide for the time when such cancellation must be completed; to provide for a penalty for failure to properly cancel same.

SB 198. By Senators Hudson of the 35th and 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; to provide that any person breaking and entering an automobile with the intent to commit a theft or a felony shall be guilty of a felony; to provide for penalties.

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 180. By Senator Kidd of the 25th:
A bill to vest in the tax commissioners of certain counties all the powers and duties of sheriffs, in their respective counties, relative only to the collection of all tax fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property.

TUESDAY, FEBRUARY 18, 1975

557

The report 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 213. By Senator Stephens of the 36th:
A bill to amend an Act creating and establishing a purchasing depart ment in certain counties, as amended, so as to change the provisions relative to the appointment and terms of a county purchasing agent; to change the provisions relative to purchases without competition.

The report 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 225. By Senator Stephens of the 36th:
A bill to amend Code Chapter 24-27, pertaining to clerks of the superior court, as amended, so as to provide that in counties having a population of 600,000 or more, according to the 1970 United States Decennial Census or any future such census, no cost deposit shall be required in civil actions, but all fees shall be collected at the time of performing 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 41, nays 0.

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

SB 233. By Senator Reynolds of the 48th:
A bill to create the Gwinnett County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain and operate an athletic stadium or stadiums and the usual facilities related thereto, recreational centers and areas, including, but not limited to, playgrounds, parks, hiking, camping, picnicking areas and facilities, swimming, and wading pools, lakes, golf courses, tennis courts and athletic fields.

558

JOURNAL OF THE SENATE,

Senator Reynolds of the 48th offered the following amendment:

Amend SB 233 by striking everything on lines 14-16 on Page 7 and inserting in lieu thereof the following:

"proper, real property or rights of".

By striking everything on lines 22-28 on Page 7 and inserting in lieu thereof the following:

"Authority, and no .property".

By inserting on line 22 on Page 9, after the words and symbol

"this Act.",

the following:

"Any provisions of this Act to the contrary notwithstanding, before the Authority may enter into any lease with Gwinnett County, or the governing Authority thereof, the provisions of the lease shall be approved by the qualified electors of Gwinnett County in a referendum held for such purpose."

On the adoption of the amendment, the yeas 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 yeas were 41, nays 0.

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

SB 238. By Senators McDowell 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 180,000 and not more than 190,000 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.

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

TUESDAY, FEBRUARY 18, 1975

559

On the passage of the bill, the ayes were 41, nays 0.

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

SB 243. By Senator Traylor of the 3rd:
A bill to provide for the compensation of judges of the State courts in certain counties of this State; 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 41, nays 0.

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

HB 229. By Mr. Snow of the 1st:
A bill to amend an Act placing the Clerk of the Superior Court of Dade County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to the compensation of the deputy 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 41, nays 0.

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

HB 330. By Mr. Shanahan of the 7th:
A bill to amend an Act placing the Clerk of the Superior Court and Judge of the Probate Court (formerly Ordinary) of Gordon County upon an annual salary so as to change the provisions relative to the compensation of said 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 ayes were 41, nays 0.

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

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JOURNAL OF THE SENATE,

HB 331. 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 com pensation 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 41, nays 0.

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

HB 332. By Mr. Shanahan of the 7th:
A bill to amend an Act placing the Sheriff of Gordon County upon an annual salary so as to change the provisions relative to the compensa tion 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 41, nays 0.

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

HB 333. By Mr. Shanahan of the 7th:
A bill to amend an Act providing for the office of Commissioner of Gordon County so as to change the provisions relative to the compensa tion of said 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 41, nays 0.

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

HB 343. By Mr. Baugh of the 108th:
A bill to amend an Act placing the Sheriff of Wilkinson County on an annual salary so as to change the compensation of the sheriff.

TUESDAY, FEBRUARY 18, 1975

561

The report 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 344. By Mr. Baugh of the 108th:
A hill to amend an Act creating the office of Tax Commissioner of Wilkinson County so as to change the compensation of the clerical assistant 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 41, nays 0.

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

HB 345. By Mr. Baugh of the 108th:
A bill to provide that the tax liability for each ad valorem property taxpayer within Wilkinson County shall, as a minimum, be not less than the sum of $1.00.

The report 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 346. By Representatives Triplett of the 128th, Jones of the 126th, Chance of 129th and others:
A bill to amend an Act incorporating the City of Port Wentworth 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 were 41, nays 0.

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JOURNAL OF THE SENATE,

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

HB 412. By Representatives Patten and Carter of the 146th:
A bill to provide for the appointment of the Berrien County School Superintendent; to provide for a referendum.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not answering were Sentors:

Ballard

Dean of 31st

Pearce

Senator Kennedy of the 4th introduced as Chaplain, Mr. Charles Tanner, Minister of Music, First Baptist Church, Claxton, Georgia, who offered scripture reading and prayer.

Senator Howard moved that the following bill of the Senate be committed to the Committee on Judiciary:

TUESDAY, FEBRUARY 18, 1975

563

SB 85. By Senator Starr of the 44th:
A bill to amend an Act known as the Georgia Administrative Proce dure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, so as to provide that an aggrieved party may appeal from an initial decision of an agency representative where agency review of the initial decision would not provide an adequate remedy or is unlawful.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 85 was committed to the Committee on Judiciary.

SENATE CALENDAR
Tuesday, February 18, 1975
SB 125. Legal Interest Rate Allowable by Contract -- change SB 126. Legal Interest Rate on Loans Paid Monthly, Quarterly, Yearly-
change SB 189. Swamp Fever (ElA) -- provide for control and prevention
(SUB) SB 34. Georgia Health Code -- provide for civil penalties (AM) SB 161. Laboratory for Pre-Marital Tests -- State requirements SB 179. Contraband Articles Used in Production of Liquor -- disposal SB 181. Tax Officials Act as Ex Officio Sheriffs-Collection of Fi. Fas. SB 184. Community Antenna Television System-subject to Public Ser
vice Commission SB 191. Adequate Program for Education-allotment of teachers SB 196. Workmen's Compensation -- relating to (AM) SB 211. Groveland Lake Development Authority -- repeal SB 226. Property Sold for Tax -- provide for redemption SB 235. State Physicians -- liability insurance SB 236. Funeral Service License-apprentice service part-time SB 245. Board of Workmen's Compensation-repeal certain Code Section SB 249. Teacher, Principal Contracts -- grounds for termination SR 37. Public Service Commission -- change terms of office (AM)
SR 40. Montgomery County-conveyance of State property to SR 68. State School Readiness Testing Study Committee -- create HB 48. Municipal Governing Authority-compensation elective members
HB 86. Isolated Schools -- provide for

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JOURNAL OF THE SENATE,

HB 146. Public School Teachers -- health Insurance plan HB 148. Heritage Trust Commission -- create HB 181. Publicly Owned Utilities -- relating to

The following general bill of the Senate, favorably reported by the com mittee and postponed on February 13 until February 18, was read the third time and put upon its passage:

SB 125. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A bill to amend Code Section 57-101, relating to the legal rate of interest, so as to change the legal rate of interest allowable by contract; to authorize a lender to charge a service fee on any loan in addition to interest; to provide an effective date.

Senator Button of the 9th offered the following amendment:
Amend SB 125 by striking on line 1, Page 2, the words "three months" and replacing with "12 months".

On the adoption of the amendment, the yeas were 42, nays 0, and the amend ment was adopted.

Senator Lester of the 23rd offered the following amendment:
Amend SB 125 by changing the period on line 1 on Page 2 to a "comma" and by adding the following thereafter: "and provided further that such service fee shall apply only to loans in the amount of one thousand ($1,000.00) dollars or more."

On the adoption of the amendment, the yeas were 42, nays 1, and the amend ment was adopted.
Senator Garrard of the 37th offered the following amendment:
Amend SB 125 by striking the last sentence in the quoted matter of Section One.

On the adoption of the amendment, the yeas were 32 nays 14, and the amendment was adopted.

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

TUESDAY, FEBRUARY 18, 1975

565

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:

Banks Barker Bell Brantley Broun of 46th Brown of 47th Carter Doss Duncan Fincher Foster Garrard Hamilton of 26th

Holley Holloway Hudgins Hudson Kennedy Kidd Langford Lester McDowell Overby Reynolds Riley Russell

Starr Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those voting in the negative were Senators:

Barnes Coverdell Dean of 6th Dean of 31st Eldridge Gillis

Hill Howard Lewis McDuffie McGill

Robinson Shapard Stephens Stumbaugh Traylor

Those not voting were Senators:

Ballard Bond

Hamilton of 34th

Pearce

On the passage of the bill, the yeas were 36, nays 16.

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

Senator Duncan of the 30th moved that the following bill of the Senate, postponed until February 18 on February 13, be postponed until February 25:

SB 126. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A bill to amend Code Section 57-116, relating to the legal rate of interest on loans repayable in monthly quarterly or yearly installments, as amended, by an Act approved March 31, 1937 (Ga. Laws 1937, p. 463), so as to change the legal rate of interest on such loans; to authorize lenders to charge a service fee on such loans in addition to interest.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 36, nays 1; the motion prevailed, and SB 126 was postponed until February 25.

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

SB 189. By Senator Stephens of the 36th:
A bill to amend an Act known as the "Georgia Equine Act", approved April 30, 1969 (Ga. Laws 1969, p. 1021), as amended, so as to provide for the control, suppression, prevention and eradication of the equine disease known as "equine infectious anemia" (also known as swamp fever, El A and slow fever).
The Committee on Human Resources offered the following substitute to SB 189:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Equine Act", approved April 30, 1969 (Ga. Laws 1969, p. 1021), as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 818), so as to provide for the control, suppression, prevention and eradication of the equine disease known as "equine infectious anemia" (also known as swamp fever, El A and slow fever), to provide for compounds; to provide for research programs; 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 Equine Act", approved April 30, 1969 (Ga. Laws, 1969, p. 1021), as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 818), is hereby amended by adding im mediately following Section 13A, a new Section to be designated Section 13B, to read as follows:
"Section 13B. In order to control, suppress, prevent and eradi cate the equine disease known as 'equine infectious anemia' (also known as swamp fever, EIA and slow fever), the commissioner is duly authorized to have compounds set up at various places in the State where animals with such infectious disease may be taken. The commissioner is authorized to establish research programs for the purpose of developing a vaccine or method for the control or eradication of such equine disease in the State, to the extent that funds are available."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the yeas were 32 nays 0, and the substitute was adopted.

TUESDAY, FEBRUARY 18, 1975

567

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:

Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative were Senators: McGill and Sutton.

Those not voting were Senators:

Ballard Bond

Duncan

Pearce

On the passage of the bill, the yeas were 50, nays 2.

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

SB 34. By Senator Fincher of the 54th:
A bill to amend Code Title 88, the Georgia Health Code, as amended, so as to provide for civil penalties; to provide for the practices and procedures in connection with the imposition of such penalities; to provide for judicial review; to provide for injunctive relief; to provide for other matters relative to the foregoing.

Senator Fincher of the 54th moved that SB 34 be tabled.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 34 was tabled.

SB 161. By Senators Fincher of the 54th and Garrard of the 37th:
A bill to amend an Act providing for the control and operation of Clinical Laboratories, approved March 20, 1970 (Ga. Laws 1970, p. 531), as amended, so as to delete therefrom that portion which exempts clinical laboratories operated for performance of premarital serologic tests for syphilis, to increase from two to three the number of laboratories which one licensed director can direct at any given time.

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:

Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Broun of the 46th

Dean of the 31st

Summers

On the passage of the bill, the yeas were 52, nays 0.

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

TUESDAY, FEBRUARY 18, 1975

569

SB 179. By Senator Kidd of the 25th:
A bill to amend Code Section 58-207, relating to the seizure, destruction and sale of contraband articles used in violation of the liquor laws of this State, as amended by an Act approved Feb. 1, 1946 (Ga. Laws 1946, p. 96), so as to provide for the payment into the county treasury of any moneys over and above the payment of expenses and court costs.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher
Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill

Overby Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren

Voting in the negative were Senators Duncan and Langford.

Those not voting were Senators:

Hill Pearce

Riley Tate

Young

On the passage of the bill, the yeas were 49, nays 2.

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

SB 181. By Senator Kidd of the 25th:
A bill to amend Code Section 92-4901.1, relating to tax collectors and tax commissioners as ex officio sheriffs for certain purposes, as amended, so

570

JOURNAL OP THE SENATE,

as to authorize the transfer of tax fi. fas. in certain instances in order to permit collection of taxes.

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 Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Turner Tysinger Warren Young

Those voting in the negative were Senators Brown of 47th and Doss.

Those not voting were Senators:

Banks Hill Lester

Riley Sutton

Timmons Traylor

On the passage of the bill, the yeas were 47, nays 2.

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

SB 184. By Senator Kidd of the 25th:
A bill to provide that persons, firms or corporations operating a com munity antenna television system shall be subject to the jurisdiction, regulation and control of the Georgia Public Service Commission; to provide the procedures connected therewith.

Senator Kidd of the 25th moved that SB 184 be committed to the Committee on Public Utilities.

TUESDAY, FEBRUARY 18, 1975

571

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 184 was committed to the Committee on Public Utilities.

SB 191. By Senators Shapard of the 28th, Banks of the 17th and Carter of the 14th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974 (Ga. Laws 1974, p. 1045), so as to change the provisions relative to the allotment of teachers; 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 Banks Barker Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Tysinger Young

Those not voting were Senators:

Barnes Brown of 47th Duncan Fincher

Hudson Langford Pearce Russell

Timmons Turner Warren

On the passage of the bill, the yeas were 45, nays 0.

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

SB 196. By Senators Ballard of the 45th, Tysinger of the 41st, Stumbaugh of the 55th and others:
A bill to amend Code Title 114, relating to workmen's compensation, as amended, so as to delete the requirement that an employer be engaged

572

JOURNAL OF THE SENATE,

in a business operated for gain or profit; to provide for uniform cover age of all county and school district employees.

The Committee on Industry, Labor and Tourism offered the following amend ment:
Amend SB 196 by deleting on Page 6, from line 2, the comma which appears immediately before the word "by".
On the adoption of the amendment, the yeas were 32, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Garrard Gillis Hamilton of 26>th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Young

Those not voting were Senators :

Duncan Foster Hill

Langford Pearce Robinson

Starr Timmons Warren

On the passage of the bill, the yeas were 47, nays 0.

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

TUESDAY, FEBRUARY 18, 1975

573

SB 211. By Senators Kennedy of the 4th and Traylor of the 3rd:
A bill to repeal an Act creating the Groveland Lake Development Authority, approved April 23, 1969 (Ga. Laws 1969, p. 572), 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Young

Those not voting were Senators:

Duncan Foster Hill Hudgins

Hudson Pearce Russell

Timmons Tysinger Warren

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

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

SB 236. By Senator Kidd of the 25th:
A bill to amend an Act creating the Board of Funeral Service and regulating the practice of embalming and funeral directing, approved Feb. 13, 1950 (Ga. Laws 1950, p. 238), as amended, so as to provide that apprentice service as a requirement for licensing may be earned on a part-time basis; to provide an effective date.

574

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Foster Garrard Gillis Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Young

Voting in the negative were Senators Hamilton of 26th and Robinson.

Those not voting were Senators:

Duncan Hill

Hudgins Russell

Timmons Warren

On the passage of the bill, the yeas were 48, nays 2.

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

SB 226. By Senator Stephens of the 36th:
A bill to amend an Act to extend, fix and prescribe a right to redeem property sold under or in obedience to any execution issued for the collection of State, county, city, municipal or school taxes, or special assessments, as contained in Ga. Laws 1937, pp. 491-496 inclusive, as amended, so as to provide for the redemption of real estate sold at tax sales by municipal or county authorities.

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

TUESDAY, FEBRUARY 18, 1975

575

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
Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Dean of 31st Duncan

Hill Hudgins

Russell Warren

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

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

SB 235. By Senator Kidd of the 25th:
A bill to provide that each department, board, bureau, agency or com mission of State government which employs certain physicians shall purchase certain policies of insurance; to provide for the practices, pro cedures, conditions and requirements in connection therewith.

Senator Kidd of the 25th offered the following substitute to SB 235:
A BILL
To be entitled an Act to provide that each department, board, bureau, agency or commission of State government shall purchase certain policies of insurance; to provide for the practices, procedures, conditions and requirements in connection therewith; to authorize the Commis-

576

JOURNAL OP THE SENATE,

sioner of the Department of Administrative Services to procure certain master policies of insurance; to authorize the Commissioner to retain premium and other income to set up and maintain a reserve to meet the continuing liability established with other agencies of State government and the expenses incurred in connection with the operation of such in surance program; to amend an Act relating to the duties of the Super visor of Purchases, approved March 29, 1937 (Ga. Laws 1937, p. 503), as amended, so as to provide for additional duties, power and authority of the Commissioner of the Department of Administrative Services; to provide for other matters relative to the foregoing; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Each department, board, bureau, agency or commission of State government shall purchase, from funds appropriated or other wise available for the operation thereof, a policy or policies of insurance which insure officials, officers and employees thereof against claims arising out of the negligent acts or omissions of such officials, officers and employees as a result of the performance of the official duties per formed by such officials, officers and employees in the normal course of their employment. Such insurance and the payments of the premiums thereon shall be considered as a part of the consideration for the em ployment of such officials, officers and employees. Acts of willful or gross negligence on the part of such officials, officers and employees shall be excluded from the coverage of such policy of insurance. Such insurance coverage shall be obtained through the Commissioner of the Department of Administrative Services.

Section 2. An Act relating to the duties of the Supervisor of Pur chases, approved March 29, 1937 (Ga. Laws 1937, p. 503), as amended, is hereby amended by adding at the end of Section 2 of said Act, a new subsection (!.)> to read as follows:

"(!) To procure all liability insurance policies covering State employees required by law, and, in order to provide such insurance coverage at a minimum expense to the State, such coverage may be procured under a master policy or policies providing insurance agree ments on a group or blanket coverage basis with or without deductibles or excess coverage over the State's retention as determined by the Commissioner. In order to finance the continuing liability established with other agencies of State government, the Commis sioner is hereby authorized to retain all moneys paid to the Depart ment as premiums on policies of insurance, all moneys received as interest and all moneys received from other sources, to set up and maintain a reserve for the payment of such liability and the ex penses necessary to properly administer such insurance program. The Commissioner shall invest said moneys in the same manner as other such moneys in his possession."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

TUESDAY, FEBRUARY 18, 1975

577

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Garrard of the 37th moved that SB 235 be committed to the Com mittee on Human Resources.

On the motion, the yeas were 33, nays 6; the motion prevailed, and SB 235 was committed to the Committee on Human Resources.

SB 245. By Senators Ballard of the 45th, Stephens of the 36th, Pearce of the 16th and others:
A bill to repeal Code Sections 54-108 through 54-115, Section 54-121, Sections 54-137 through 54-141, and Section 54-9911, all relating to the organization and operation of the State Board of Workmen's Compensa tion; to amend Code Sections 54-117 and 54-9910; and to amend Code Title 114, relating to workmen's 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge
Fincher Foster

Garrard Hamilton of 26th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill
Overby

Pearce Reynolds Riley Shapard Starr Stephens Stumbaugh Button Tate Thompson Timmons Traylor Turner Tysinger Warren
Young

Those not voting were Senators:

Duncan Gillis Hamilton of 34th

Hudgins Robinson

Russell Summers

578

JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 49, nays 0.

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

SB 249. By Senator Starr of the 44th:
A bill to define the grounds for termination of the contracts of teachers, principals and other employees having a contract for a definite term; to prescribe the procedures therefor; to provide for counsel; to define the requirements for subpoenas, hearings, findings, oaths of witnesses, evi dence, burden of proof, decisions and appeals.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Shapard Starr Stephens Stumbaugh Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Duncan Hamilton of 34th

Hudgins Robinson

Russell Summers

On the passage of the bill, the yeas were 50, nays 0.

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

TUESDAY, FEBRUARY 18, 1975

579

SR 37. By Senator Kidd of the 25th:

A RESOLUTION

Proposing an amendment to the Constitution so as to change the terms of office of the Public Service Commissioners; 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 IV, Section IV, Paragraph III of the Constitu tion is hereby amended by deleting therefrom the following sentence:
"Thereafter all succeeding terms of members shall be for six years.",
and substituting in lieu thereof the following:
"As the terms of office of the members of the Public Service Commission serving as such on January 1, 1975, shall expire, their successors shall be elected to serve the terms of office of four years and until their successors shall be duly elected and qualified. There after, the terms of office of the members of the Public Service Com mission shall be for four years and until their successors shall be duly elected and qualified.",
so that when so amended, said Paragraph shall read as follows:
"Paragraph III. Public Service Commission as Constitutional Officers. There shall be a Public Service Commission for the regula tion of utilities, vested with the jurisdiction, powers and duties now provided by law or that may hereafter be prescribed by the General Assembly, not inconsistent with other provisions of this Constitu tion. Such Commission shall consist of five members, who shall be elected by the people. A Chairman shall be selected by the members of the Commission from its membership. The first Commission under this amendment shall consist of the commissioners in office at the time of the adoption of this constitutional amendment and they shall serve until December 31 after the general election at which the suc cessor of each member is elected. As the terms of office of the members of the Public Service Commission serving as such on January 1, 1975, shall expire, their successors shall be elected to serve the terms of office of four years and until their successors shall be duly elected and qualified. Thereafter, the terms of office of the members of the Public Service Commission shall be for four years and until their successors shall be duly elected and qualified. The qualifications, compensations, filling of vacancies, manner and time of election, power and duties of members of the Commission, including the Chairman, shall be such as are now or may hereafter be provided by the General Assembly."

580

JOURNAL OP THE SENATE,

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

" ( ) YES Shall the Constitution be amended so as to change ( ) NO the terms of office of the Public Service Commis sioners?"

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 Public Utilities offered the following amendment:
Amend SR 37 by striking on Page 3, line 5, in its entirety and in serting in lieu thereof a new line 5 to read as follows:
"( ) NO Service Commissioners to four years?'"

On the adoption of the amendment, the yeas were 41, nays 0, and the com mittee 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Doss Eldridge Foster Garrard Gillis Hamilton of 26th Hill Howard Hudson Kennedy Kidd

Langford Lester Lewis McDowell McDuffie McGill Overby
Pearce Reynolds Riley Shapard

TUESDAY, FEBRUARY 18, 1975

581

Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor

Turner Warren Young

Those voting in the negative were Senators:

Pincher Holley

Holloway

Tysinger

Those not voting were Senators:

Duncan Hamilton of 34th

Hudgins Robinson

Russell Starr

On the adoption of the resolution, the yeas were 46, nays 4.

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

SR 40. By Senator Gillis of the 20th:
A resolution authorizing the conveyance of a certain tract of State-owned property to Montgomery 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:

Ballard Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher
Foster

Garrard Gillis Hamilton of 26th Hill Holley Holloway Howard Hudson Kennedy Langford Lester Lewis McDowell McDuffie McGill
Overby

Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren
Young

582

JOURNAL OF THE SENATE,

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Barker Duncan Hamilton of 34th

Hudgins Pearce

Russell Starr

On the adoption of the resolution, the yeas were 48, nays 1.

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

SR 68. By Senators Stumbaugh of the 55th, Carter of the 14th, Starr of the 44th and others:
A resolution creating the State School Readiness Testing Study Com mittee.

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 Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie
McGill Overby Pearce

Reynolds Riley Robinson Shapard Stephens
Stumbaugh
Summers
Sutton
Tate Thompson Timmons
Traylor Turner
Tysinger
Warren
Young

Voting in the negative was Senator Brantley.

TUESDAY, FEBRUARY 18, 1975

583

Those not voting were Senators:

Duncan Hamilton of 34th

Hudgins Russell

Starr

On the adoption of the resolution, the yeas were 50, nays 1.

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

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock A. M. tomorrow at 1:28 o'clock P. M.

584

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Wednesday, February 19,1975

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

Senator Young of the 13th reported that the journal of yesterday's proceed ings has 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 688. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Wilcox County upon an annual salary so as to change the method of paying the expenses con nected with said office.

HB 690. By Representatives Davis, Tolbert and Ray of the 56th and Noble of the 48th:
A bill to amend Code Section 34-603, relative to the designation of county registrars, their appointment, terms of office, compensation, the duties of chief registrar and their appointment in certain counties, so as to change the provisions relative to the appointment of county registrars in all counties of this State having a population of not less than 400,000 or more than 500,000.
HB 691. By Representatives Davis, Tolbert and Ray of the 56th, Noble and others:
A bill to amend Code Section 34-603, relating to the designation of county registrars, their appointment, terms of office, compensation, the duties of chief registrar and their appointment in certain counties, so as to provide for a minimum salary for the chief registrar of all counties of this State having a population of not less than 400,000 or more than 500,000.
HB 693. By Representative Adams of the 79th:
A bill to amend an Act creating a new Charter for the City of Thomaston

WEDNESDAY, FEBRUARY 19, 1975

585

so as to change and extend the present corporate limits of said city and to describe the new territory to become a part of the said City of Thomaston.

HB 698. By Representatives Leggett of the 153rd and Harden of the 154th:
A bill to amend an Act placing the Tax Commissioner of Glynn County on an annual salary so as to change certain provisions relating to the compensation of the deputy; to change the number of authorized addi tional clerks.

HB 704. By Representative Carrell of the 75th:
A bill to amend an Act incorporating the City of Social Circle so as to change the terms of office of the mayor and councilmen; to change certain provisions relating to the election of the mayor and councilmen.

HB 705. By Representative Carrell of the 75th:
A bill to amend an Act reincorporating the City of Monroe in the County of Walton so as to authorize the City of Monroe to provide community antenna television services beyond its corporate limits.

HB 706. By Representative Stone of the 138th:
A bill to amend an Act providing for a new charter for the City of Baxley so as to change the corporate limits of the City of Baxley.

HB 716. By Representative Bray of the 70th: A bill to change the compensation of coroners in counties having a population of not less than 19,300 and not more than 20,000.
HB 717. By Representatives Kreeger of the 21st, Murphy of the 18th, Burruss of the 21st and others: A bill to create a Board of Commissioners for Paulding County; to provide for membership of said Board.
HB 297. By Representatives Matthews of the 145th, Buck of the 95th, Carrell of the 75th and others: A bill to provide for and declare the rights of blind and visually handi capped persons to equal public accommodations and housing; to authorize blind and visually handicapped persons to be accompanied by guide dogs in certain circumstances.
HB 280. By Representatives Shanahan of the 7th, Miles of the 86th, Ross of the 76th and others: A bill to permit the charging of interest by such institutions on loans

586

JOURNAL OF THE SENATE,

secured by a time or savings deposit or savings account in a bank, federal savings and loan association, or State chartered building and loan association.

HB 380. By Representatives Burruss of the 21st, Marcus of the 26th, Felton of the 22nd 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.

HB 40. By Representatives Jordan of the 58th, Russell of the 53rd, Tolbert of the 56th and others:
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; to provide for an action for damages or equitable relief.

HB 149. By Representatives Lambert of the 112th, Carlisle of the 71st, Burruss of the 21st and others:
A bill to regulate the drilling of any well other than wells drilled to a depth of less than 1800 feet for the purpose of tapping of or drawing from underground fresh water supplies or for the purposes of injecting any type of substance or substances into such wells.

HB 193. By Representatives Howell of the 140th, Bray of the 70th, Keyton of the 143rd and Leonard of the 3rd:
A bill to amend Code Title 34, the Georgia Election Code, so as to pro vide that the registration list for any general primary or general election shall close thirty (30) days prior to said primary or election.

HB 196. By Representatives Howell of the 140th, Bray of the 70th and Tolbert of the 56th:
A bill to amend Code Section 34-1505 relating to a recount or recanvass of the votes so as to provide for an automatic recount of the vote in certain circumstances.

HB 197. By Representatives Howell of the 140th, Bray of the 70th, Tolbert of the 56th and others:
A bill to amend Code 34-1313, relating to regulations in force at polling places, so as to prohibit the carrying of firearms except by certain peace officers.

WEDNESDAY, FEBRUARY 19, 1975

587

HB 198. By Representatives Howell of the 140th, Keyton of the 143rd and Bray of the 70th:
A bill to amend Code Section 34-807, relating to special elections held at the time of a general election, so as to provide the regulations by which such special elections shall be held.

HB 488. By Representative Miles of the 86th:
A bill to amend Ga. Laws 1937, as amended, relating to the taxable net income of a nonresident for income tax purposes.

HB 493. By Representatives Miles of the 86th and Connell of the 87th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to clarify the provisions of existing law which allow to each dealer a deduction equal to three percent (3%) of the amount of the tax due under said Act.

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

SB 52. By Senator Holloway of the 12th:
A bill to amend Code Section 113-1508, relating to priority of claims against the estate of a decedent, so as to include the funeral expenses of a deceased person who leaves a surviving spouse as a claim against the estate.
The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:
HR 75. By Representatives Knight of the 67th and Ware of the 68th:
A resolution authorizing the conveyance of a certain tract or parcel of land located in Coweta County, to Harrison Ward and Alma Lilly Ward.
HR 92. By Representatives Linder of the 44th, Childs of the 51st, Russell of the 53rd and others:
A resolution creating the DeKalb County Study Commission on Law Enforcement.
HR 157. By Representatives Childs of the 51st, Jordan of the 58th, Tolbert of the 56th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the Judges of the Superior Courts of the Stone Mountain Judicial Circuit, the Judge of the Probate Court of DeKalb County, and the Judges of the State Court of DeKalb County shall be elected in nonpartisan elections.

588

JOURNAL OF THE SENATE,

HR 158. By Representatives Ray and Tolbert of the 56th, Davis of the 56th and others:
A resolution creating the Justices of the Peace Study Committee of DeKalb County.

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

HB 262. By Representative Egan of the 15th:
A bill to amend Code Title 22, relating to corporations, so as to change the venue for bringing suits against foreign corporations; to provide that dividends on preferred stock need not be cumulative.

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

HR 177. By Representative Colwell of the 4th: A resolution commending Mr. James Robin Rodgers.

HR 178. By Representative Colwell of the 4th: A resolution commending Mr. Phillip Raymond Kelly.

HR 179. By Representative Colwell of the 4th: A resolution commending Mr. James Kelly Williams.

HR 195. By Representatives Foster of the 152nd and Matthews of the 145th:
A resolution urging the Congress of the United States to amend the Agricultural Adjustment Act of 1938, as amended, so as to permit the sale, transfer or lease of flue-cured tobacco allotments across state lines and across county lines within a state.

The House has agreed to the Senate amendments to the following resolution of the House, to-wit:

HR 39. By Representatives Murphy of the 18th, Burruss of the 21st, Buck of the 95th and others:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee so as to provide terms of the ap pointed members of the Committee; to provide for the appointment and terms of the chairman and the vice chairman of the Committee; to provide for filling vacancies; to remove the Legislative Counsel as an ex officio member of the Committee.

WEDNESDAY, FEBRUARY 19, 1975

589

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

SB 287. By Senators Hill of the 29th and Garrard of the 37th:
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. Referred to Committee on Human Resources.

SB 288. By Senators Coverdell of the 40th, Brantley of the 56th and Garrard of the 37th:
A bill to amend Code Section 26-2703, relating to commercial gambling, as amended, so as to provide that commercial gambling shall be a felony; to provide punishment for said crime. Referred to Committee on Judiciary.

SB 289. By Senator Hamilton of the 34th:
A bill to amend an Act placing the Sheriff of Fayette County upon an annual salary, as amended, so as to change the compensation of the sheriff; to provide an effective date. Referred to Committee on County and Urban Affairs.
SB 290. By Senator Hamilton of the 34th:
A bill to amend an Act placing the Judge of the Probate Court of Fayette County upon an annual salary, as amended, so as to change the compensation of said Judge; to provide an effective date. Referred to Committee on County and Urban Affairs.
SB 291. By Senators Robinson of the 27th, Turner of the 8th, Hudson of the 35th and others:
A bill to amend Code Chapter 26-27, relating to gambling and related offenses, as amended, so as to provide that it shall be unlawful for any person, partnership, firm, corporation or other entity to sell, distribute, televise, broadcast or disseminate any advertisement, television or radio commercial, or any book, magazine, periodical, newspaper, or other written or printed matter containing an advertisement or solicitation for participation in any lottery. Referred to Committee on Judiciary.
SB 292. By Senators Broun of the 46th and Starr of the 44th:
A bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act", as amended, relating to the issuance of certificates of title for motor vehicles. Referred to Committee on Transportation.

590

JOURNAL OF THE SENATE,

SB 293. By Senator Garrard of the 37th:
A bill to regulate the assessment, levy and collection of ad valorem taxes for the support of public schools in certain municipalities; to provide procedures connected therewith; to limit the millage rate; to provide for revenues to be paid to the city and remitted to the board of education; to provide for applicability. Referred to Committee on County and Urban Affairs.

SR 83. By Senator Hill of the 29th:
A resolution proposing an amendment to the Constitution, so as to provide that the homestead of each resident of Heard County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $5,000.00 of its value is exempt from all ad valorem taxation for county and school purposes, except certain taxes for certain purposes. Referred to Committee on County and Urban Affairs.
SR 84. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain State owned real property located in Baldwin County, Georgia, to Mr. George E. Youngblood. Referred to Committee on Public Utilities.
SR 85. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain State owned real property located in Baldwin County, Georgia, to Mr. George E. Youngblood. Referred to Committee on Public Utilities.
SR 86. By Senators Reynolds of the 48th, Overby of the 49th, Brown of the 47th and others:
A resolution memorializing the Congress of the United States to amend the "Clean Air Act" to maintain current 1975 automotive emission re quirements through 1980. Referred to Committee on Transportation.

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

HB 688. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Wilcox County upon an annual salary so as to change the method of paying the expenses con nected with said office. Referred to Committee on County and Urban Affairs.

WEDNESDAY, FEBRUARY 19, 1975

591

HB 690. By Representatives Davis, Tolbert and Ray of the 56th and others:
A bill to amend Code Section 34-603, relative to the designation of county registrars, their appointment, terms of office, compensation, the duties of chief registrar and their appointment in certain counties, so as to change the provisions relative to the appointment of county registrars in all counties of this State having a population of not less than 400,000 or more than 500,000.
Referred to Committee on County and Urban Affairs.

HB 691. By Representatives Davis, Tolbert and Ray of the 56th and others:
A bill to amend Code Section 34-603, relating to the designation of county Registrars, their appointment, terms of office, compensation, the duties of chief registrar and their appointment in certain counties, so as to provide for a minimum salary for the chief registrar of all counties of this State having a population of not less than 400,000 or more than 500,000.
Referred to Committee on County and Urban Affairs.

HB 693. By Representative Adam of the 79th:
A bill to amend an Act creating a new Charter for the City of Thomaston so as to change and extend the present corporate limits of said city and to describe the new territory to become a part of the said City of Thomaston. Referred to Committee on County and Urban Affairs.

HB 698. By Representatives Leggett of the 153rd and Harden of the 154th:
A bill to amend an Act placing the Tax Commissioner of Glynn County on an annual salary so as to change certain provisions relating to the compensation of the deputy; to change the number of authorized additional clerks. Referred to Committee on County and Urban Affairs.

HB 704. By Representative Carrell of the 75th:
A bill to amend an Act incorporating the City of Social Circle so as to change the terms of office of the mayor and councilmen; to change certain provisions relating to the election of the mayor and councilmen. Referred to Committee on County and Urban Affairs.

HB 705. By Representative Carrell of the 75th:
A bill to amend an Act reincorporating the City of Monroe in the County of Walton so as to authorize the City of Monroe to provide community antenna television services beyond its corporate limits. Referred to Committee on County and Urban Affairs.

592

JOURNAL OF THE SENATE,

HB 706. By Representative Stone of the 138th:
A bill to amend an Act providing for a new charter for the City of Baxley so as to change the corporate limits of the City of Baxley. Referred to Committee on County and Urban Affairs.

HB 716. By Representative Bray of the 7'Oth:
A bill to change the compensation of coroners in counties having a population of not less than 19,300 and not more than 20,000. Referred to Committee on County and Urban Affairs.

HB 717. By Representatives Kreeger of the 21st, Murphy of the 18th, Burruss of the 21st and others:
A bill to create a Board of Commissioners for Paulding County; to provide for the membership of said Board. Referred to Committee on County and Urban Affairs.

HB 40. By Messrs. Jordan of the 58th, Russell of the 53rd, Hawkins of the 50th and others:
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; to provide for an action for damages or equitable relief.
Referred to Committee on Banking, Finance and Insurance.

HB 149. By Messrs. Lambert of the 112th, Carlisle of the 71st, Burruss of the 21st and others:
A bill to regulate the drilling of any well other than wells drilled to a depth of less than 1800 feet for the purpose of tapping of or drawing from underground fresh water supplies or for the purposes of injecting any type of substance or substances into such wells.
Referred to Committee on Natural Resources and Environmental Quality.

HB 193. By Messrs. Howell of the 140th, Bray of the 70th, Keyton of the 143rd, and Leonard of the 3rd:
A bill to amend Code Title 34, the Georgia Election Code, so as to pro vide that the registration list for any general primary or general elec tion shall close thirty (30) days prior to said primary or election. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.
HB 196. By Messrs. Howell of the 140th, Bray of the 70th, Burton of the 47th, and Tolbert of the 56th:
A bill to amend Code Section 34-1505 relating to a recount or recanvass

WEDNESDAY, FEBRUARY 19, 1975

593

of the votes so as to provide for an automatic recount of the vote in certain circumstances.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

HB 197. By Messrs. Howell of the 140th, Bray of the 70th, McDonald of the 12th and others:
A bill to amend Code 34-1313, relating to regulations in force at polling places, so as to prohibit the carrying of firearms except by certain peace officers. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

HB 198. By Messrs. Howell of the 140th, Keyton of the 143rd, and Bray of the 70th:
A bill to amend Code Section 34-807, relating to special elections held at the time of a general election, so as to provide the regulations by which such special elections shall be held. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

HB 262. By Mr. Egan of the 25th:
A bill to amend Code Title 22, relating to corporations, so as to change the venue for bringing suits against foreign corporations; to provide that dividends on preferred stock need not be cumulative. Referred to Committee on Judiciary.

HB 280. By Messrs. Shanahan of the 7th, Miles of the 86th, Hudson of the 137th and others:
A bill to permit the charging of interest by such institutions on loans secured by a time or savings deposit or savings account in a bank, federal savings and loan association, or State chartered building and loan association. Referred to Committee on Banking, Finance and Insurance.
HB 297. By Messrs. Matthews of the 145th, Buck of the 95th, Karrh of the 106th and others:
A bill to provide for and declare the rights of blind and visually handi capped persons to equal public accommodations and housing; to autho rize blind and visually handicapped persons to be accompanied by guide dogs in certain circumstances. Referred to Committee on Human Resources.

594

JOURNAL OF THE SENATE,

HB 380. By Messrs. Burruss of the 21st, Marcus of the 26th, Mrs. Felton of the 22nd 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.
Referred to Committee on Natural Resources and Environmental Quality.

HB 488. By Mr. Miles of the 86th:
A bill to amend Ga. Laws 1937, as amended, relating to the taxable net income of a nonresident for income tax purposes. Referred to Committee on Banking, Finance and Insurance.

HB 493. By Messrs. Miles of the 86th and Connell 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 clarify the provisions of existing law which allow to each dealer a deduction equal to three per cent (3%) of the amount of tax due under said Act. Referred to Committee on Banking, Finance and Insurance.

HR 75. By Messrs. Knight of the 67th and Ware of the 68th:
A resolution authorizing the conveyance of a certain tract or parcel of land located in Coweta County, to Harrison Ward and Alma Lilly Ward. Referred to Committee on Public Utilities.

HR 157. By Representatives Childs of the 51st, Hawkins of the 50th, Richardson of the 52nd and others:
A resolution proposing an amendment to the Constitution so as to provide that the Judges of the Superior Courts of the Stone Mountain Judicial Circuit, the Judge of the Probate Court of DeKalb County, and the Judges of the State Court of DeKalb County shall be elected in nonpartisan elections.
Referred to Committee on Judiciary.

HR 158. By Representatives Davis of the 56th, Linder of the 44th, Burton of the 47th and others:
A resolution creating the Justices of the Peace Study Committee of DeKalb County. Referred to Committee on Rules.

HR 92. By Representatives Linder of the 44th, Childs of the 51st, Russell of the 53rd and others:
A resolution creating the DeKalb County Study Commission on Law Enforcement. Referred to Committee on Rules.

WEDNESDAY, FEBRUARY 19, 1975

595

HR 195. By Representatives Poster of the 152nd and Matthews of the 145th:
A resolution urging the Congress of the United States to amend the Agricultural Adjustment Act of 1938, as amended, so as to permit the sale, transfer or lease of flue-cured tobacco allotments across county lines within a state. Referred to Committee on Rules.

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

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance and Insurance 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 247. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 81. Do not pass. SB 165. Do pass. SB 172. Do pass. SB 174. Do pass. SB 205. Do pass. SR 44. Do pass. SR 48. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

596

JOURNAL OF THE SENATE,

Senator Gillis of the 20th 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tion:
SB 192. Do not pass.
Respectfully submitted, Gillis of 20th District, Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities 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 31. Do pass by substitute.
Respectfully submitted, Brown of 47th District, Chairman.

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

HB 176. By Messrs. Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act creating the State Court of Clayton County so as to change the salary of the judge of said court; to prohibit the judge from engaging in the private practice of law.

SB 68. By Senator Howard of the 42nd:
A bill to amend an Act reincorporating the City of Atlanta in the Coun ties of Fulton and DeKalb, as amended, so as to change the corporate limits of the City of Atlanta.

HB 379. By Messrs. Mullinax of the 69th and Ware of the 68th:
A bill to create the Downtown LaGrange Development Authority; to create the Downtown LaGrange District.

WEDNESDAY, FEBRUARY 19, 1975

597

HB 304. By Messrs. Lee, Johnson, West and Bailey of the 72nd:
A bill to amend an Act incorporating the City of Riverdale, so as to change the terms of office of the mayor and councilman of said city.

HB 402. By Messrs. Logan of the 62nd and Russell of the 64th:
A bill to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof" so as to provide that a majority of the votes cast by electors shall be required for election to the office of Mayor, Alderman, and Recorder of the Recorder's Court for the City of Athens.

HB 403. By Messrs. Logan of the 62nd and Russell of the 64th:
A bill to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof" so as to define the duties and powers of the mayor.

HB 408. By Mr. Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County so as to change the salary of the judge of said court.

HB 409. By Mr. Chance of the 129th:
A bill to amend an Act creating a charter for the Town of Rincon so as to change the qualifications of candidates for mayor or alderman of said town.

HB 426. By Messrs. Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a new charter for the City of West Point so as to authorize and empower the Mayor and Aldermen of the City of West Point to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, at any time and from time to time, any real property owned by the City of West Point which is not needed for municipal purposes.

HB 431. By Messrs. Wheeler and Foster of the 152nd:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Bacon County, known as the fee system; to provide in lieu thereof an annual salary.

HB 435. By Messrs. Waddle of the 113th and Watson of the 114th:
A bill to create and establish the State Court of Houston County pur suant to Article VI, Section IX, Paragraph I of the Constitution; to provide for the jurisdiction of said court.

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JOURNAL OF THE SENATE,

HB 441. By Mr. Shanahan of the 7th:
A bill to amend an Act providing for the office of Commissioner of Gordon County, so as to provide for a Board of Commissioners of Gordon County.

HB 446. By Mr. Hutchinson of the 133rd:
A bill to amend an Act entitled "An Act to provide as compensation for the treasurer of Lee County a salary of $700' per year, instead of the commissions heretofore allowed by law.", so as to change the compensa tion of the treasurer.

HB 447. By Mr. Hutchinson of the 133rd:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change the provision relating to the salary of the sheriff.

HB 448. By Mr. Hutchinson of the 133rd:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Lee County into the office of the Tax Commissioner of Lee County.

HB 454. By Messrs. Wood, Whitmire and Jackson 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, at least one-half of the total amount thereof shall be paid by August 1; and the balance shall be paid by December 1.

HB 457. By Messrs. Rush of the 121st and Phillips of the 120th:
A bill to amend an Act placing the Sheriff of Toombs County upon an annual salary in lieu of the fee system, so as to change the compen sation of the sheriff.

HB 458. By Messrs. Rush of the 121st and Phillips of the 120th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Toombs County into the office of Tax Commissioner, so as to change the compensation of the tax commissioner.

HB 464. By Messrs. Pinkston of the 100th, Banks of the 104th, Evans of the 99th and Lucas of the 102nd:
A bill to amend an Act reenacting the charter of the City of Macon, so as to abolish the Board of Water Commissioners.

WEDNESDAY, FEBRUARY 19, 1975

599

HB 468. By Mr. Castleberry of the lllth:
A bill to amend an Act creating the Board of Commissioners of Quitman County, so as to change the terms of office of members.

HB 469. By Mr. Castleberry of the lllth:
A bill to amend an Act providing for the compensation of the Treasurer of Quitman County, so as to change the compensation of the Treasurer.

HB 470. By Mr. Adams of the 79th:
A bill to provide for the compensation of the Sheriff of Upson County; to provide for said salary to be in lieu of the fee system of compensation.

HB 471. By Mr. Adams of the 79th:
A bill to amend an Act changing the terms of office of the Commis sioners of Roads and Revenues of Upson County.

HB 472. By Mr. Adams of the 79th:
A bill to provide that at the expiration of the term of office of the present Upson County School Superintendent, the Board of Education shall appoint the school superintendent.

HB 476. By Mr. Snow of the 1st:
A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to create a public use area within the Town of Fort Oglethorpe.

HB 478. By Messrs. Waddle of the 113th and Watson of the 114th:
A bill to amend an Act abolishing the fee system of compensating the Coroner of Houston County and providing for an annual salary, so as to change the compensation provisions relating to the coroner.

HB 480. By Messrs. Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating a Board of Commissioners of Houston County, so as to provide that vacancies in the membership of the Hospital Authority shall be filled by the Board of Commissioners.

HB 485. By Mr. Smith of the 78th:
A bill to amend an Act abolishing the fee system of compensating the Tax Commissioner of Lamar County and providing for an annual salary, so as to change the compensation of said tax commissioner.

600

JOURNAL OF THE SENATE,

HB 486. By Mr. Smith of the 78th:
A bill to amend an Act abolishing the fee system of compensating the Judge of the Probate Court (formerly Ordinary) of Lamar County, so as to change the compensation of said judge.

HB 445. By Mr. Walker of the 115th:
A bill to amend, an Act creating a new charter for the City of Perry, so as to change the terms of office of the mayor and councilmen.

HB 459. By Messrs. Keyton of the 143rd and Long of the 142nd:
A bill to amend an Act establishing the State Court of Thomas County (formerly known as the City Court of Thomasville in and for the County of Thomas), so as to change the salaries of the judge and solicitor of said Court.

HB 505. By Representative Owens of the 77th: A bill to create and establish an Airport Authority for Columbia County.

HB 513. By Representatives Hutchinson of the 133rd, White of the 132nd, Hatcher of the 131st and McCollum of the 134th:
A bill to provide for the creation of the office of County Administrator of Dougherty County.

HB 515. By Representative Culpepper of the 98th:
A bill to amend an Act fixing the compensation of the Treasurer of Crawford County.

HB 516. By Representative Culpepper of the 98th:
A bill to amend an Act placing the Sheriff of Crawford County upon an annual salary so as to change the compensation provisions relating to the deputy sheriffs.

HB 517. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to amend an Act placing the Clerk of the Superior Court of Peach County upon an annual salary in lieu of the fee system of compensation so as to change the provisions relating to arbitration concerning budget disputes.

HB 518. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to amend an Act placing the Judge of the Probate Court (formerly known as the Ordinary), of Peach County upon an annual salary in lieu

WEDNESDAY, FEBRUARY 19, 1975

601

of the fee system of compensation, so as to change the provisions relat ing to arbitration concerning budget disputes.

HB 519. By Representatives Culpepper of the 98th and Waddle of the 113th: A bill to amend an Act placing the Tax Commissioner of Peach County upon an annual salary in lieu of the fee system of compensation so as to change the provisions relating to arbitration concerning budget disputes.
HB 520. By Representative Culpepper of the 98th: A bill to amend an Act creating the Board of Commissioners of Crawford County so as to change the compensation of the members of said board of commissioners.
HB 523. By Representatives Bowman of the 103rd, Evans of the 99th, Banks of the 104th and Pinkston of the 100th: A bill to amend an Act placing the Sheriff of Twiggs County on an annual salary so as to change the provisions relating to the compensation of the sheriff.
HB 524. By Representatives Hutchinson of the 133rd, Hatcher of the 131st, McCollum of the 134th and White of the 132nd: A bill to amend an Act creating a Board of Commissioners of Dougherty County so as to change the method of electing the chairman of the said board of commissioners.
HB 535. By Representatives Lane of the 81st and Nessmith of the 82nd: A bill to amend an Act to abolish the present mode of compensating the coroner of Screven County, known as the fee system, so as to change the salary of the coroner.
HB 537. By Representatives Sizemore of the 136th and Hudson of the 137th: A bill to amend an Act placing the Sheriff of Turner County on an annual salary in lieu of the fee system so as to change the provisions relating to the salary of the sheriff.
HB 545. By Representatives Patten and Carter of the 146th: A bill to provide for the appointment of the Berrien County School Superintendent.
HB 547. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lowndes County so as to provide for a county manager.

602

JOURNAL OF THE SENATE,

HB 548. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to amend an Act creating the State Court of Lowndes County, (formerly City Court of Valdosta) so as to change the compensation of the judge and solicitor of the court; to provide for secretarial as sistance for the solicitor.

HB 552. By Representative Cox of the 141st: A bill to provide a new Charter for the City of Attapulgus.

HB 553. By Representative Cox of the 141st: A bill to provide a new Charter for the City of Climax.

HB 554. By Representative Cox of the 141st:
A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County and creating in lieu thereof the office of Tax Commissioner of Decatur County so as to change the compensa tion of the Tax Commissioner.

HB 555. By Representative Cox of the 141st:
A bill to amend an Act creating the Civil and Criminal Court of Decatur County (formerly the City Court of Bainbridge) so as to change the compensation of the judge and the solicitor of said court.

HB 556. By Representatives Buck of the 95th, Parrish of the 97th and Berry of the 94th:
A bill to authorize the Consolidated Government of Columbus, Ga. to purchase, construct and establish certain drainage projects and improve ments and to acquire by eminent domain, purchase, gift or other trans action, such easements and rights of way necessary or useful in such projects or improvements.

HB 557. By Representative Sweat of the 150th:
A bill to amend an Act placing the Sheriff of Atkinson County upon an annual salary so as to change the compensation of the sheriff.

HB 558. By Representative Smith of the 78th:
A bill to create and establish a small claims court for Lamar County, to be known as the Small Claims Court of Lamar County.

HB 559. By Representatives Smith of the 78th and Adams of the 79th: A bill to amend an Act consolidating the offices of Tax Receiver and

WEDNESDAY, FEBRUARY 19, 1975

603

Tax Collector of Pike County into the office of Tax Commissioner of Pike County, so as to change the compensation of the tax commissioner.

HB 560. By Representatives Smith of the 78th and Adams of the 79th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County so as to change the compensation of the deputy tax commissioner.

HR 127. By Representatives Culpepper of the 98th and Waddle of the 113th:
A resolution proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Peach County shall have jurisdiction.

HB 566. By Representative Edwards of the 110th:
A bill to change the number of members of the County Board of Educa tion of Taylor County.

HB 576. By Representative Howell of the 140th: A bill to provide a new Charter for the City of Colquitt, Ga.

HB 577. By Representative Howell of the 140th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Miller County; to provide for an annual salary for said Judge.

HB 578. By Representative Howell of the 140th:
A bill to amend an Act creating the board of commissioners of Miller County so as to remove the Judge of the Probate Court as a member and chairman of the board of commissioners.

SB 75. By Senator Bell of the 5th:
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 provisions relative to disability retirement.

SB 92. By Senators Pearce of the 16th and Hudgins of the 15th:
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 remuneration; to provide an effective date.

604

JOURNAL OF THE SENATE,

SB 138. By Senator Starr of the 44th:
A bill to amend Code Title 93, relating to the Georgia Public Service Commission, so as to create the Office of Consumers' Utility Counsel; to provide for the appointment, compensation, expenses, qualifications, terms, duties and powers of the Consumers' Utility Counsel.

SB 230. By Senators Dean of the 6th and Kidd of the 25th:
A bill to amend an Act known as the "Revenue Tax Act To Legalize and Control Alcoholic Beverages and Liquors"; approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to authorize an inside service door between a retail liquor store and another business establishment under certain circumstances.

SB 232. 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", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to change the provisions relating to advertising by licensed retailers.

SB 246. By Senator Warren of the 43rd:
A bill to amend an Act making certain practices of real estate brokers unlawful, approved March 24, 1970 (Ga. Laws 1970, p. 721), so as to provide that certain solicitation activities of real estate brokers, real estate salesmen or their agents shall be unlawful; to provide penalties.

SB 250. By Senator Reynolds of the 48th:
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. Laws 1973, p. 947), as amended, so as to provide that the Department of Transportation may contract to allow rapid transit authorities created by the General Assembly to plan, design and construct certain portions of the State Highway System.

HB 17. By Representatives Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide for additional definitions; to change certain definitions; to change the provisions relating to minimum insurance coverage for motor vehicles; to change the provisions relating to suvivors' benefits.

HB 131. By Representatives Greer of the 43rd, Gignilliat of the 122nd, Cole of the 6th and others:
A bill to amend Code Chapter 13-2, relating to preliminary provisions relative to banks and banking so as to define and redefine certain terms; to authorize the Commissioner of the Department of Banking and

WEDNESDAY, FEBRUARY 19, 1975

605

Finance to regulate the acquisition and control of stocks in banks and bank holding companies by bank holding companies.

Senator McGill of the 24th introduced as Chaplain, The Reverend Albert Huyck, pastor, First Baptist Church, Washington, Georgia, who offered scripture reading and prayer.

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

Ballard
Banks Bell Bond Brantley Broun of 46th Brown of 4'7th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway
Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not answering were Sentors:

Barker

Barnes

Russell

Senator Holloway of the 12th assumed the Chair.

Senator Stephens of the 36th moved that the following bill of the Senate be withdrawn from the Committee on Retirement and committed to the Committee on County and Urban Affairs:

SB 103. By Senators Stephens of the 36th and Bond of the 39th:
A bill to amend an Act entitled "An Act to provide for the retirement of the judges and solicitor-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County, and the judge of the Juvenile Court of Fulton County"; approved January 31, 1946 (Ga. Laws 1946, p. 299), as amended.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 103 was withdrawn from the Committee on Retirement and committed to the Com mittee on County and Urban Affairs.

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JOURNAL OP THE SENATE,

SENATE CALENDAR

Wednesday, February 19, 1975

SB 188. Reports of Child Abuse and Neglect -- reports confidential HB 48. Municipal Governing Authority -- compensation elective
members
HB 86. Isolated Schools -- provide for HB 146. Public School Teachers -- health Insurance plan HB 148. Heritage Trust Commission -- create HB 181. Publicly Owned Utilities -- relating to SB 5. Bad Checks ---- notice, punishment (AM) SB 54. Masseur or Masseuse -- unlawful to massage opposite sex
(SUB) SB 79. Georgia Financial Disclosure Act of 1975 SB 106. Pronouncing A Person Dead -- provide certain criteria SB 108. Estates -- certain benefits not for obligation SB 141. Campaign Financing Disclosure Act -- change short title
(SUB) SB 144. Criminal Cases -- provide for discovery and inspection SB 147. Establishment of Branch Banks -- by merger, consolidation
(SUB) SB 148. DeKalb-Fulton County Parent Bank -- established branch ad
jacent county (AM) SB 164. Hospital Medical Review Committee -- records confidential SB 176. Deeds to Secure Debt -- orderly and proper cancellation SB 198. Breaking and Entering Automobile -- felony (AM)

Senator Hamilton of the 26th moved that the following bill of the Senate, postponed on February 17 until February 19, be committed to the Committee on Human Resources:

SB 188. By Senator Hamilton of the 26th:
A bill to provide for the confidentiality of certain records concerning reports of child abuse and neglect; to provide that it shall be unlawful to permit unauthorized persons to examine or inspect such confidential records; to provide a penalty; to provide an effective date.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 188 was committed to the Committee on Human Resources.

WEDNESDAY, FEBRUARY 19, 1975

607

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

HB 48. By Representative Egan of the 25th:
Senate Sponsor: Senator Garrard of the 37th.
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 -elective members of municipal governing authorities.

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

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Barnes

Brown of 47th

Holloway (presiding)

On the passage of the bill, the yeas were 52, nays 0.

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

HB 86. By Representatives Colwell and Twiggs of the 4th, Sweat of the 150th and Dixon of the 151st:
Senator Sponsor: Senator Foster of the 50th.
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to provide for isolated schools.

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JOURNAL OF THE SENATE,

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

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Barnes

Holloway, (presiding)

Hudson

On the passage of the bill, the yeas were 52, nays 0.

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

HB 148. By Representatives Lambert of the 112th, Carlisle of the 71st, Burruss of the 21st and others: Senate Sponsor: Senator Langford of the 51st. A bill to create the Heritage Trust Commission; to set forth the powers and duties of the Board of Natural Resources.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

WEDNESDAY, FEBRUARY 19, 1975

609

Those voting in the affirmative were Senators:

Ballard Banks Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster
Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Barnes Broun of 46th

Duncan Holley Holloway (presiding)

Hudgins Russell

On the passage of the bill, the yeas were 48, nays 0.

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

HB 181. By Representatives Pinkston of the 100th, Evans of the 99th, Lucas of the 10'2nd and others:
Senate Sponsor: Senator Robinson of the 27th.
A bill to repeal Code Section 91-1126, relating to the use of certain publicly owned utilities.

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

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Bell Bond Brantley Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th

610
Hill Holley Howard Hudson Kennedy Langford Lester Lewis McDowell McDuffie

JOURNAL OF THE SENATE,

McGill Overby Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Barker Barnes Broun of 46th

Duncan Holloway (presiding) Hudgins

Russell Timmons

On the passage of the bill, the yeas were 47, nays 1.

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

SB 5. By Senators Fincher of the 54th, Langford of the 51st and McDowell of the 2nd:
A bill to amend Code Section 26-1704, relating to bad checks, so as to make unlawful the making, drawing, issuance, utterance or delivery of checks, drafts, or orders under certain circumstances; to provide for prima facie evidence of such unlawful act; to define the term "notice"; to provide for dispensing with notice to the drawer or maker of such instrument under certain conditions.

The Committee on Judiciary offered the following amendment:
Amend SB 5 by striking on Page 4, everything on lines 9 through 15 and inserting in lieu thereof the following:
"(h) Any person violating this Section, upon conviction, shall be punished as for a misdemeanor."

On the adoption of the amendment, the yeas were 38, nays 0, and the com mittee amendment was adopted.
The Committee on Judiciary offered the following amendment: Amend SB 5 by striking on Page 2, from line 30, the words:

WEDNESDAY, FEBRUARY 19, 1975

611

"receiving notice", and
inserting in lieu thereof the words: "notice having been given".

On the adoption of the amendment, the yeas were 39, nays 0, and the com mittee amendment was adopted.

The Committee on Judiciary offered the following amendment:
Amend SB 5 by striking on Page 4, everything on lines 23 through 28.

On the adoption of the amendment, the yeas were 41, nays 1, and the com mittee amendment was adopted.

The Committee on Judiciary offered the following amendment:
Amend SB 5 by striking on Page 2, from line 30, the word and symbol:
"five (5)", and
inserting in lieu thereof the word and symbol: "ten (10)".

On the adoption of the amendment, the yeas were 40, nays 0, and the com mittee amendment was adopted.

The Committee on Judiciary offered the following amendment:
Amend SB 5 by striking on Page 4, everything on lines 16 through 22.

On the adoption of the amendment, the yeas were 40, nays 2, 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 Holloway of the 12th, 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:

Ballard
Banks Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby

Pearce Riley Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Voting in the negative was Senator Reynolds.

Those not voting were Senators:

Barker Barnes

Holloway (presiding) McDuffie

Robinson Warren

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

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Hamilton of the 26th moved that the following bill of the Senate be postponed until February 20.

SB 54. By Senator Barker of the 18th :
A bill to provide that it shall be unlawful for any masseur or masseuse to massage any person of the opposite sex; to provide that it shall be unlawful for any person engaged in the massage business to allow any masseur or masseuse in his employment to massage any person of the opposite sex upon those premises upon which such business shall be conducted.

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 54 was postponed until February 20.

Senator Robinson of the 27th moved that the following bill of the Senate be postponed until 2:00 o'clock P.M.

WEDNESDAY, FEBRUARY 19, 1975

613

SB 79. By Senators Robinson of the 27th, Howard of the 42nd, Coverdell of the 40th and others:
A bill to be known as the "Georgia Financial Disclosure Act of 1975"; to provide for a short title; to provide for a declaration of policy; to provide for definitions; to create a State Ethics Commission; to provide for the composition and appointment of members and their terms of office, powers, duties, compensation, expenses and qualifications.

On the motion, the yeas were 37, nays 1; the motion prevailed, and SB 79 was postponed until 2:00 o'clock P.M.

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

SB 106. By Senator Howard of the 42nd:
A bill to amend Code Chapter 88-17, relating to vital records, as amend ed, so as to provide certain criteria for pronouncing a person dead; to provide for independent confirmation of death; to provide that persons acting in good faith under the provisions of this Act shall not be liable for civil damages or criminal prosecution.

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

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Foster
Garrard

Gillis Hamilton of 26th Hill Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby

Those voting in the negative were Senators:

Dean of 6th McDowell

Thompson Traylor

Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Timmons Turner Tysinger Young
Warren

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Barker
Barnes Pincher

Hamilton of 34th
Holley Holloway (presiding)

Russell Summers

On the passage of the bill, the yeas were 43, nays 5.

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

Senator Banks of the 17th moved that the following bill of the Senate be committed to the Committee on Judiciary:

SB 144. By Senators Banks of the 17th, Ballard of the 45th, Lewis of the 21st and Barnes of the 33rd:
A bill to amend Code Title 27, relating to criminal procedure, as amend ed, so as to provide for discovery and inspection in criminal cases; to provide for orders; to provide for the inspection, copying and photo graphing of 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 prosecuting attorney.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 144 was committed to the Committee on Judiciary.

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

SB 108. By Senator Howard of the 42nd:
A bill to amend Code Chapter 113-15, relating to the collecting, preserv ing and managing an estate, and paying debts, as amended, so as to provide that certain death benefits payable to the trustee of a testa mentary trust shall not inure to the benefit of the decedent's estate for the purpose of paying debts, taxes, administration expenses or other obligations of the decedent or his estate or for any other purpose bene fiting the decedent's estate.

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

On the passage of the bill, Senator Holloway of the 12th, who was presid ing, ordered a roll call, and the vote was as follows:

WEDNESDAY, FEBRUARY 19, 1975

615

Those voting in the affirmative were Senators:

Ballard Banks Bell Bond Brantley
Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Barker Barnes Dean of 31st

Holley Holloway (presiding) Langford

Riley Young

On the passage of the bill, the yeas 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 Senate be post poned until 12:30 o'clock P.M.:

SB 141. By Senators Starr of the 44th, Holloway of the 12th, Howard of the 42nd and others:
A bill to amend the "Campaign Financing Disclosure Act", approved March 5, 1974 (Ga. Laws 1974, p. 155), so as to change the short title of said Act; to change certain definitions; to provide for additional definitions; to provide for the reporting of all expenditures.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 141 was postponed until 12:30 o'clock P.M.

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

SB 147. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and Starr of the 44th:
A bill to amend Code Section 13-203.1, relating to bank offices and bank facilities, as amended, so as to provide for the establishment of branch

616

JOURNAL OF THE SENATE,

banks through merger, consolidation or sale of assets under certain conditions; to provide for the procedure connected therewith.

The Committee on Banking, Finance and Insurance offered the following substitute to SB 147:
A BILL
To be entitled an Act to amend Code Section 13-203.1, relating to bank offices and bank facilities, as amended, so as to provide for the establishment of branch banks through merger, consolidation or sale of assets under certain conditions; to provide for the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 13-203.1, relating to bank offices and bank facilities, as amended, is hereby amended by adding a new subsection at the end thereof to be designated subsection (f) to read as follows:
"(f) (1) The provisions of any other laws to the contrary not withstanding, a branch bank may be established through merger, consolidation, or sale of assets pursuant to the provisions of Chap ters 41A-24, 41A-25, or 41A-26 of the Financial Institutions Code of Georgia where, prior to such merger, consolidation, or sale of assets, the commissioner and the appropriate federal regulatory authority have determined that one of the parties to the merger, consolidation, or sale of assets:
(A) is insolvent or in an unsafe or unsound condition to trans act its business;
(B) has generally suspended payment of its obligations with out authority of law; or its own affairs threatens injury to the public, the financial community, or its depositors and other credit ors;
and where the other party maintains either a parent bank or a branch bank within the same county; provided that, where banks which might merge or consolidate in accordance with the foregoing are unwilling to enter into such merger or consolidation, the other party may be a bank which maintains either a parent bank or branch bank within an adjacent county; and provided further that, where no banks in an adjacent county are willing to enter into such a merger or consolidation, the other party may be any bank domiciled within this State.
(2) Nothing herein contained shall be construed to permit the bank which has been found insolvent or suspended payment pur suant to (A) or (B) of subsection 1 of this Section to accept, under

WEDNESDAY, FEBRUARY 19, 1975

617

less favorable terms than can be obtained from a bank within its county, a merger with a bank outside the county in which it is located."

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

Senators Holley of the 22nd and Duncan of the 30th offered the following amendment:
Amend the committee substitute to SB 147 by striking on Page 1, line 25, the following:
"or its own";
and by striking on Page 1, line 26 in its entirety;
and by striking on Page 2, lines one and two in their entirety.

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment to the committee substitute to SB 147 was adopted.

On the adoption of the committee substitute, the yeas were 38, 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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis
Hamilton of 26th

Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger
Warren
Young

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JOURNAL OP THE SENATE,

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Barker Barnes

Bond Holloway (presiding)

Pearce Russell

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

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

The President resumed the Chair.

SB 148. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and Starr of the 44th:
A bill to amend Code Section 13-203, relating to branch banks, as amended, so as to provide that any parent bank located in certain coun ties of this State may establish a branch bank within certain adjacent counties; to provide an effective date.

The Committee on Banking, Finance and Insurance offered the following amendment:
Amend SB 148 by deleting on Page 1, lines 14 and 15, the words "or any future census",
and
By deleting from line 18, the words "or any future census".

On the adoption of the amendment, the yeas were 35, 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, the President ordered a roll call, and the vote was as: follows:

Those voting in the affirmative were Senators:

Bell
Bond Brantley

Broun of 46th
Brown of 47th Carter

Coverdell
Dean of 31st Doss

WEDNESDAY, FEBRUARY 19, 1975

619

Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hud gins

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Robinson Shapard

Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor
Turner Tysinger Warren

Those not voting were Senators:

Ballard Banks Barker Barnes

Dean of 6th Hudson Reynolds

Riley Russell Young

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

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

Senator McDowell of the 2nd gave notice that, at the proper time, he would move to disagree with the Report of the Natural Resources and Environmental Quality Committee on the following bill of the Senate which was adversely re ported :

SB 192. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to amend the "Coastal Marshlands Protection Act of 1970", ap proved Mar. 27, 1970 (Ga. Laws 1970, p. 939), as amended, so as to change certain definitions.

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

SB 164. By Senators Fincher of the 54th and Kidd of the 25th:
A bill to provide that the records and proceedings of any hospital medical review committee, medical organization committee or extended care facil ity committee shall be confidential; to provide that no monetary liability shall arise as a result of any act or proceeding performed within the scope of the functions of any such committee.

Senators Garrard of the 37th and Kidd of the 25th offered the following amendment:

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JOURNAL OF THE SENATE,

Amend SB 164 by striking on Page 1, everything on line 13, and inserting in lieu thereof the following:

"a licensed hospital, nursing home or medical foundation, pro vided the medical".

On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Banks Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kennedy Kidd Lewis 1 McDowell McDuffie McGill Pearce

Reynolds Riley Robinson Shapard , Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those voting in the negative were Senators :

Ballard Dean of 6th

Langford Lester

Overby Warren

Those not voting were Senators:

Barker Barnes Dean of 31st

Holley Holloway Russell

Starr Stephens

On the passage of the bill, the yeas were 42, nays 6.

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

WEDNESDAY, FEBRUARY 19, 1975

621

SB 176. By Senator Doss of the 52nd:
A bill to provide for the orderly and proper cancellation of deeds to secure debt; to provide for the method of cancellation; to provide for the cancellation by a transferee or assignee; to provide for the time when such cancellation must be completed; to provide for a penalty for failure to properly cancel 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hill Holloway Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley

Robinson Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Barker Barnes Dean of 6th

Dean of 31st Hamilton of 34th Holley Hudgins

Hudson Pearce Russell Sutton

On the passage of the bill, the yeas were 44, nays 0.

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

Senator Kidd of the 25th introduced as Doctor of the Day, Dr. James Baugh, Milledgeville, Georgia.

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

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SB 198. By Senators Hudson of the 35th and 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; to provide that any person breaking and entering an automobile with the intent to commit a theft or a felony shall be guilty of a felony; to provide for penalties.

The Committee on Judiciary offered the following amendment:
Amend SB 1&8 by striking everything on Page 2, lines 14 and 15 and inserting in lieu thereof the following:
"26-1813.1. Entering automobile. If any person shall enter any automobile or other".

On the adoption of the amendment, the yeas were 39, nays 0, and the com mittee amendment was adopted.

Senator Hudson of the 35th offered the following amendment: Amend SB 198 by striking on Page 1, line 12, the following: "26-11813.1"
and inserting in lieu thereof the following: "26-1813.1".

On the adoption of the amendment, the yeas were 42, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Bell Bond Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Foster Garrard Hamilton of 26th Hamilton of 34th Hill Holley Howard

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623

Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Barnes Duncan

Gillis Holloway Hudgins

Pearce Russell Starr

On the passage of the bill, the yeas were 47, nays 0.

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

SB 141. By Senators Starr of the 44th, Holloway of the 12th, Howard of the 42nd and others:
A bill to amend the "Campaign Financing Disclosure Act", approved March 5, 1974 (Ga. Laws 1974, p. 155), so as to change the short title of said Act; to change certain definitions; to provide for additional defini tions; to provide for the reporting of all expenditures.

The Committee on Judiciary offered the following substitute to SB 141:
A BILL
To be entitled an Act to amend the "Campaign Financing Disclosure Act", approved March 5, 1974 (Ga. Laws 1974, p. 155), so as to change the short title of said Act; to provide for a declaration of policy and intent; to provide for coverage of certain county and municipal elected officials by said Act; to change certain definitions; to provide for addi tional definitions; to provide for the reporting of all expenditures; to provide for limitations on the amounts candidates for certain elective offices may expend in furtherance of their political campaigns; to pro vide for definitions; to provide for the return of excess contributions; to provide for the beginning dates on such expenditures; to create a State Ethics Commission; to provide for the composition and appoint ment of members and their terms of office, powers, duties, compensa tion, expenses and qualifications; to provide for an executive secretary and additional staff for the Commission, and their powers, duties, au thority, compensation and expenses; to provide for rules and regula tions; to provide for subpoenas; to provide for forms; to provide for the preparation and publication of manuals; to provide for the filing of

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information; to provide for the preparation and publication of summaries and reports; to provide for investigations and the practices and pro cedures connected with such investigations; to provide for advisory opinions; to provide for orders; to provide that the Secretary of State shall provide certain services to the Commission; to change certain penalties for violations of the Act; 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. The "Campaign Financing Disclosure Act", approved March 5, 1974 (Ga. Laws 1974, p. 155), is hereby amended by striking Section 1, which reads as follows:

"Section 1. Short Title. This Act shall be known as and may be cited as the 'Campaign Financing Disclosure Act'.",

in its entirety, and inserting in lieu thereof a new Section 1, to read as follows:

"Section 1. Short Title. This Act shall be known as and may be cited as the 'Campaign and Financial Disclosure Act'."

Section 2. Said Act is further amended by striking Section 2 of said Act in its entirety and inserting in lieu thereof a new Section 2, to read as follows:

"Section 2. Policy and Intent Declared. It is hereby declared to be the policy of the State of Georgia in furtherance of its re sponsibility to protect the integrity of the democratic process and to insure fair elections for the offices of Governor, Lieutenant Gover nor, Attorney General, Secretary of State, Comptroller General, Commissioner of Agriculture, State School Superintendent, Com missioner of Labor and Public Service Commissioners, and members of the Georgia House of Representatives and Georgia Senate, all county and municipal elected officials; to institute and establish a requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices."

Section 3. Said Act is further amended by striking the period at the end of subsections (c) and (d) of Section 3 and inserting at the end of each such subsection the following:

", but the term specifically shall not include the value of per sonal services performed by persons who serve without compensa tion and on a voluntary basis.",

so that when so amended, subsections (c) and (d) of Section 3 shall read as follows:

WEDNESDAY, FEBRUARY 19, 1975

625

"(c) 'Contribution' means a gift, subscription, loan, forgive ness of debt, advance or deposit of money or anything of value con veyed or transferred for the purpose of influencing the nomination for election or election of any person for the offices provided for in Section 2, but the term specifically shall not include the value of personal services performed by persons who serve without compen sation and on a voluntary basis.

(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 elec tion of any person for the offices provided for in Section 2, but the term specifically shall not include the value of personal services performed by persons who serve without compensation and on a voluntary basis."

Section 4. Said Act is further amended by striking subsection (g) of Section 3 in its entirety and substituting in lieu thereof a new sub section (g) of Section 3, to read as follows:
" (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 expenditures, regardless of the amount of such expenditures, and all contributions of $101.00 or more, including contributions of lesser amounts when the aggregate amount thereof by a person is $101.00 or more for the calendar year in which the report is filed."

Section 5. Said Act is further amended by striking all language following the word "committee" of paragraph (3) of Section 5 and by inserting a period immediately following said word "committee" and by striking from paragraph (4) of Section 5 the following:

"exceeding $101",
so that when so amended, paragraphs (3) and (4) of Section 5 shall read as follows:

"(3) All expenditures made by the candidate or the campaign committee.
(4) The name and mailing address of every person to whom any expenditure is made and the amount thereof."

Section 6. Said Act is further amended by striking subsection (b) of Section 6, in its entirety, and by striking the paragraph immediately following said subsection (b) in its entirety, and substituting in lieu thereof a new subsection (b) of Section 6 and a new paragraph im mediately following said subsection, to read as follows:

" (b) The name and mailing address of any person to whom an expenditure is made and the amount of such expenditure.

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Such campaign financing disclosure reports shall be filed 45 days and 15 days before the primary election, and 10 days after the primary election. Candidates in a general election campaign shall
make such reports 15 days prior to the general election and all candidates shall make a final campaign disclosure report no later than December 31 of the year in which the election occurs. A report or statement required 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 sub sequent reports to list contributions and expenditures which were listed in previous reports."

Section 7. Said Act is further amended by adding, following Sec tion 8, a new Section 8A, to read as follows:

"Section 8A. (a) Candidates for the following elected offices shall be limited in the total amount each may expend from his per sonal funds and from contributions made in furtherance of his political campaign, personally and through his campaign committee, as follows:
(1) Candidates for the office of Governor shall not expend more than $350,000.00 for any primary, $150,000.00 for any primary runoff, and $250,000.00 for the November general election.

(2) Candidates for other elected offices shall not expend more than $175,000.00 for any primary, $75,000.00 for any primary run off, and $125,000.00 for the November general election.

(3) The provisions of paragraphs (1) and (2) hereof to the contrary notwithstanding, candidates for the office of Governor or for any other elected office who do not hold any Constitutional State or federal office at the time of the primary may expend, in addition to the amount specified in paragraph (1) or (2) for the primary, an additional amount for the primary only equal to 25% of the
amount specified for the primary in paragraph (1) or (2).

(b) For the purposes of this Section, 'expend' shall mean the making or incurring of any expenditure. The voluntary services of individuals for which no compensation is sought or paid and the value of such voluntary services shall not be included within the meaning of 'expenditure', as used in this Section.

(c) In the event any contribution is made to a candidate or political committee to be used in a candidate's election campaign and such contribution, or any portion thereof, in excess of the amount permitted to be expended by subsection (a), the amount of such excess contribution shall be returned immediately to the contributor. The cost of returning such contribution may be de ducted from the amount returned.

(d) The expenditure limitation for each office as provided in

WEDNESDAY, FEBRUARY 19, 1975

627

subsection (a) shall be the total amount a candidate may expend in a political campaign for such office, beginning on the first day of January immediately preceding the election in which he is a candidate."

Section 8. Said Act is further amended by striking Section 9, which reads as follows:

"Section 9. State Campaign Ethics Commission. There is here by 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 employ ment, 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 Gover nor's appointee shall have a term ending the third Monday in February, 1975; the first appointee selected by the three commis sion members shall have 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; 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.",

in its entirety, and inserting in lieu thereof a new Section 9, to read as follows:

"Section 9. State Ethics Commission, (a) There is hereby created the State Ethics Commission.

(b) The Commission shall be composed of five members. The initial membership of the Commission shall be appointed as follows: one member shall be appointed by the Secretary of State for an initial term of office of one year; one member shall be appointed by the Lieutenant Governor for an initial term of office of two years; one member shall be appointed by the Speaker of the House of Rep resentatives for an initial term of office of three years; and two members, not more than one of whom shall be from the same political party, shall be appointed by the Governor for initial terms of office of four years and five years, respectively. The terms of office of initial members shall commence on May 1, 1975. Members of the Commission shall not serve for more than one term of office. Upon the expiration of a member's term of office, a new member, ap pointed in the same manner as the member whose term of office

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expired, shall become a member of the Commission and shall serve for a term of office of five years and until his successor is duly appointed and qualified. If a vacancy occurs in the membership of the Commission, a new member shall be appointed to the unexpired term of office by the State official who appointed the vacating member.

(c) Any person who has qualified to run for office who has held any Federal, State or local public office within a period of 10 years prior to his appointment shall be ineligible to serve as a member of the Commission. The Commission shall elect a chairman, and shall adopt rules and regulations as required by Section 3 (a) of the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), as amended. All rules of the Commission shall be promulgated in accordance with the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), as amended.
(d) Members of the Commission shall serve without compensa tion, but shall be reimbursed in an amount of $25 per diem for each day or portion thereof spent in serving as members of the Commis sion. They shall be paid their necessary traveling expenses while engaged in the business of the Commission.
(e) The Commission shall have the authority:
(1) to employ an executive secretary and such additional staff as the Commission deems necessary to carry out the powers delegated to the Commission by this Act;
(2) to promulgate and adopt rules and regulations as defined in the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), as amended;
(3) to issue subpoenas to compel any person to appear, give sworn testimony or produce documentary or other evidence.

(4) to institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this Act.

(f) The Commission shall have the following duties:

(1) to prescribe forms to be used in complying with the pro visions of this Act;

(2) to prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required to file statements and reports by this Act;

(3) to accept and file any information voluntarily supplied that exceeds the requirements of this Act;

WEDNESDAY, FEBRUARY 19, 1975

629

(4) to develop a filing, coding and cross-indexing system consonant with the purposes of this Act;

(5) to make each statement and report filed by a candidate with it available for public inspection and copying during regular ' office hours at the expense of any person requesting copies at a charge not to exceed actual cost;

(6) to adopt a retention standard for records of the Commis sion in accordance with the Georgia Records Act (Ga. Laws 1972, p. 1267), as amended;
(7) to prepare and publish monthly, quarterly and annual summaries of these statements and reports received, listing separate ly therein individual registrants and other persons;

(8) to prepare and publish such other reports and technical studies as in its judgment will tend to promote the purposes of this Act;
(9) to provide for wide public dissemination of such summaries and reports;

(10) to determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this Act;

(11) to make investigations with respect to the statements and reports filed under the provisions of this Act, and with respect to alleged failure to file any statements or reports required under the provisions of this Act, and, upon complaint by any person, with re spect to alleged violation of any part of this Act;

(12) to conduct a preliminary investigation of the merits of a complaint when any person who believes that a violation of this Act 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 evi dence or relevant material. If the Commission determines that there are such reasonable grounds, it shall give notice by 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 complainant shall be given an acknowledgment 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 Commission may file a complaint charging violations of this Act, and any person aggrieved by the final decision of the Commission is entitled to judicial review in accordance with the provision of the Administra tive Procedure Act, as amended;

(13) to report suspected violations of law to the appropriate law enforcement authority;

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(14) to issue, upon request, and publish advisory opinions on the requirements of this Act, based on a real or hypothetical set of circumstances;

(15) to issue orders, after the completion of appropriate pro ceedings, directing compliance with this Act, or prohibiting the actual or threatened commission of any conduct constituting a viola tion, which order may include a provision requiring the violator:
(i) to cease and desist from committing further violations;
(ii) to make public complete statements, in corrected form, con taining the information required by this Act;
(16) to make public the fact that a violation has occurred and the nature thereof;
(17) 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;
(18) 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;
(19) 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 its jurisdiction and such recommendations for further legis lation as may appear desirable.

(g) The Secretary of State, through his office shall perform the ministerial functions which the Commission may require. The office of the Secretary of State shall be designated as the place where the public may file papers or correspond with the Commission and receive any form or instruction from the Commission. The Secretary of State or his designee shall serve as secretary to the Commission."

Section 9. Said Act is further amended by striking Section 9A, which reads 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 ad minister this Act and to carry out its duties under this Act.

WEDNESDAY, FEBRUARY 19, 1975

631

(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 avail able 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.",

in its entirety.

Section 10. Said Act is further amended by striking Section 10, which reads as follows:

"Section 10. Penalties. Any person who knowingly violates any of the provisions of this Act shall be subject to fine of not more than $5,000.00 or imprisonment of not more than one (1) year or both.",

in its entirety, and inserting in lieu thereof a new Section 10, to read as follows:

"Section 10. Penalties. Any person who knowingly fails to comply with or who knowingly violates any of the provisions of this Act shall be guilty of a misdemeanor on the first offense, and upon conviction thereof, shall be punished as for a misdemeanor; and upon the second or subsequent offense shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000, or both."

Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that SB 141 be committed to the Committee on Judiciary.

On the motion to commit, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bond Brantley

Broun of 46th Brown of 47th Coverdell

Dean of 6th Hill Holley

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JOURNAL OF THE SENATE,

Overby Russell Stephens Summers

Tate Timmons Tysinger Young

Those voting in the negative were Senators :

Banks Bell Carter Dean of 31st Doss Eldridge Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Holloway Howard Hudson Langford Lewis McDowell Reynolds Riley

Robinson Shapard Starr Stumbaugh Sutton Thompson Traylor Turner Warren

Those not voting were Senators:

Barker Barnes

Duncan Fincher

Hudgins Pearce

On the motion, the yeas were 22, nays 28; the motion was lost, and SB 141 was not committed to the Committee on Judiciary.

Senator Kidd of the 25th moved to print all amendments and substitutes to SB 141 not previously printed.

Senator Kidd of the 25th moved that the Senate do now adjourn.

On the motion, the yeas were 1, nays 39; the motion was lost, and the Senate was not adjourned.

At 1:45 o'clock P.M. Senator Starr of the 44th moved that SB 141 be post poned until 1:55 o'clock P.M.

On the motion, the yeas were 38, nays 0; the motion prevailed, and SB 141 was postponed until 1:55 o'clock P.M.

Senator Kidd of the 25th moved to withdraw the motion to print.

On the motion, the yeas were 331, nays 4; the motion prevailed, and the motion to print was withdrawn.

WEDNESDAY, FEBRUARY 19, 1975

633

The hour of 1:55 o'clock P.M. having arrived, the Senate resumed considera tion of SB 141.

Senator Kidd of the 25th offered the following amendment to the committee substitute to SB 141:
Amend the committee substitute to SB 141 by renumbering the quoted matter of Subsection (3) of Section 7 on Page 6, line 5, as Sub section (5) and adding a new Subsection (3) and (4) to read as follows:
"(3) Candidates for the State Senate shall not expend more than $10,000.00 for any primary, $4,000.00 for any primary runoff, and $4,000.00 for the November general election.
(4) Candidates for the State House of Representatives shall not expend more than $6,000.00 for any primary, $3,000.00 for any primary runoff, and $3,000.00 for the November general election."

Senator Coverdell of the 40th offered the following amendment to the amend ment offered by Senator Kidd of the 25th to the committee substitute to SB 141:
Amend the amendment offered by Senator Kidd of the 25th to the committee substitute to SB 141 by striking the following:
"$4,000 for the November" and inserting in lieu thereof "$10,000 for the November";
and by striking "$3,000 for the November" and inserting in lieu thereof
"$6,000 for the November".

On the adoption of the amendment, the yeas were 35, nays 4, and the amend ment offered by Senator Coverdell of the 40th to the amendment offered by Senator Kidd of the 25th to the committee substitute to SB 141 was adopted.

On the adoption of the amendment offered by Senator Kidd of the 25th to the committee substitute, the yeas were 37, nays 4, and the amendment was adopted as amended.

Senator Tysinger of the 41st offered the following amendment to the com mittee substitute to SB 141:
Amend the committee substitute to SB 141 by omitting line 32, Page 3, and substituting the following:
"a written report filed with the appropriate election official by a".

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JOURNAL OF THE SENATE,

On the adoption of the amendment, the yeas were 44, nays 1, and the amend ment to the committee substitute was adopted.

Senator Eldridge of the 7th offered the following amendment to the commit tee substitute to SB 141:
Amend the committee substitute to SB 141 by adding following the semi-colon on line 12, Page 1, the following:
"to provide for application to all Constitutional Judicial of fices;"
By adding following Section 7 ending on line 34 of Page 6, the fol lowing :
"Section 8. Said Act is further amended by adding to Section 2 after "Georgia Senate," the following:
'all Constitutional Judicial offices.' ".
By renumbering Sections 7 through 12 as Sections 8 through 12, respectively.

On the adoption of the amendment, the yeas were 47, nays 1, and the amend ment to the committee substitute was adopted.

Senator Stumbaugh of the 55th offered the following amendment to the com mittee substitute:
Amend the committee substitute to SB 141 by adding following the semicolon on line 8 of Page 1, the following:
"to provide for supplemental campaign financing disclosure reports;"
By adding following Section 6 ending on line 21 of Page 5, the following:
"Section 7. Said Act is further amended by adding at the end of Section 6 a new paragraph to read as follows:
'A supplemental Campaign Financing Disclosure Report shall be filed by each person elected to an office covered by this Act, no later than December 31 of each year following the year in which the election occurs. If no contribution is received or expenditure made which is required to be reported under this Act between the date of the last Campaign Financing Report filed pursuant to this Act and December 31 of any year, a supplemental Campaign Financ ing Disclosure Report shall not be required by this Act.' "

WEDNESDAY, FEBRUARY 19, 1975

635

By renumbering Sections 7 through 12 as Sections 8 through 13, respectively.

On the adoption of the amendment, the yeas were 45, nays 7, and the amend ment to the committee substitute was adopted.

Senator Sutton of the 9th offered the following amendment to the committee substitute to SB 141:
Amend the committee substitute to SB 141 by striking beginning on line 31 of Page 3, the following:
"(g) 'Campaign Financing Disclosure Report' means a written report filed with the Secretary of State by a candidate or the chair man or treasurer of a campaign committee setting forth all ex penditures, regardless of the amount of such expenditures, and all contributions of $101.00 or more, including contributions of lesser amounts when the aggregate amount thereof by a person is $101.00 or more for the calendar year in which the report is filed.",
and substituting in lieu thereof, the following:
"(g) 'Campaign Financing Disclosure Report' means a written report filed with the Secretary of State by a candidate or the chair man or a treasurer of a campaign committee setting forth all expenditures and all contributions, regardless of the amount of such expenditures or contributions, for the calendar year in which the report is filed."
By adding following Section 4 which ends on line 8 of Page 4, the following:
"Section 5. Said Act is further amended by striking Section 4(b) in its entirety, which reads as follows:
'(b) Where separate contributions of less than $101.00 are knowingly 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 con sidered to be a 'common source'."
By striking on line 9 of Page 4, the following:
"Section 5",
and substituting in lieu thereof, the following:
"Section 6".

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By striking Section 6 beginning on line 25 of Page 4 and substituting in lieu thereof a new Section to be designated Section 7 to read as fol lows :
"Section 7. Said Act is further amended by striking subsec tions (a) and (b) of Section 6 in their entirety and by striking the paragraph immediately following subsection (b) in its entirety, and substituting in lieu thereof new subsections (a) and (b) of Section 6 and a new paragraph immediately following subsection (b) to read as follows:
'(a) The amount, name and mailing address of any person making a contribution during the 12 months preceding 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.
(b) The name and mailing address of any person to whom an expenditure is made and the amount of such expenditure.
Such campaign financing disclosure reports shall be filed 45 days and 15 days before the primary election, and 10 days after the primary election. Candidates in a general election campaign shall make such reports 15 days prior to the general election and all candidates shall make a final campaign disclosure report no later than December 31 of the year in which the election occurs. A report or statement required 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 subse quent reports to list contributions and expenditures which were listed in previous reports.' "
By renumbering Sections 7, 8, 9, 10, 11 and 12 as Sections 8, 9, 10, 11, 12 and 13, respectively.

By adding in the title following the word "expenditures" on line 8 of Page 1, the following:
"and all contributions".

On the adoption of the amendment, the yeas were 35, nays 2, and the amend ment to the committee substitute was adopted.

Senator Warren of the 43rd offered the following amendment to the commit tee substitute to SB 141:
Amend the committee substitute to SB 141 by adding following the semicolon after the word "contributions" on line 12 of Page 1, the fol lowing:

WEDNESDAY, FEBRUARY 19, 1975

637

"to provide for limitations on the amounts individuals, corpora tions and unions may contribute to a candidate's political campaign; to prohibit contributions by certain corporations;"

By adding following Section 7 ending on line 34 of Page 6, the following:
"Section 8. Said Act is further amended by adding following Section 8A two new Sections to be designated Sections 8B and 8C, to read as follows:

'Section 8B. (a) A person shall not make a contribution or contributions to a candidate's political campaign in excess of $250.00. Contribution limitations provided in this subsection shall not apply to amounts contributed by a candidate to his own campaign.

(b) A person acting on behalf of a corporation, labor union, association, or committee shall not make a contribution to a candi date's political campaign if such contribution would cause the total amount contributed to the candidate's campaign by such corpora tion, labor union, association, or committee to exceed $500.00. This Section shall not authorize a contribution to influence official action as prohibited by Code Section 22-5105, as now or hereafter amended. This Section shall not prohibit broadcast media from providing free time to candidates for State and local public elective office on an equal basis.

Section 8C. A person acting on behalf of a corporation or other business entity regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign.' "

By renumbering Sections 8 through 12 as Sections 9 through 13, respectively.

On the adoption of the amendment offered by Senator Warren of the 43rd to the committee substitute, Senator Eldridge of the 7th called for the yeas and nays; the call was sustained. The President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Bell Brantley Coverdell Dean of 6th Doss

Duncan Eldridge Foster Garrard Howard Langford Stumbaugh

Summers Sutton Turner Tysinger Warren Young

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Bond Broun of 46th Brown of 47th Carter Dean of 31st Fincher Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway

Hudgins
Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds
Riley Robinson Russell Shapard Starr Stephens Tate Thompson Timmons Traylor

Those not voting were Senators: Barker and Barnes.

On the adoption of the amendment, the yeas were 20, nays 34, and the amend ment to the committee substitute was lost.

Senator Coverdell of the 40th offered the following amendment to the com mittee substitute:
Amend the committee substitute to SB 141 by striking on Page 5, line 33, the figure "$250,000" and inserting in lieu thereof the figure "$350,000"; and
By striking on Page 6, line 3, the figure "$125,000" and inserting in lieu thereof the figure "$175,000";
and
By inserting on Page 6, lines 11 and 13, after the word "primary" the words:
"and the general election".

On the adoption of the amendment, the yeas were 10, nays 34, and the amendment to the committee substitute was lost.

Senator Doss of the 52nd offered the following amendment:
Amend the committee substitute to SB 141 by striking paragraphs (1), (2) and (3) beginning on line 30 of Page 5 and ending on line 14 of Page 6 and substituting in lieu thereof the following:
"(1) Candidates for the office of Governor shall not expend more than $350,000.00 for any primary, $150,000.00 for any runoff, and $250,000.00 for the November general election.

WEDNESDAY, FEBRUARY 19, 1975

639

(2) Candidates for all other State offices elected State-wide, shall not expend more than $175,000.00 for any primary, $75,000.00 for any runoff, and $125,000.00 for the November general election.

(3) Candidates for the State Senate shall not expend more than $5,700.00 for any primary, $2,500.00 for any runoff, and $4,200.00 for the November general election.

(4) Candidates for the State House of Representatives shall not expend more than $3,200.00 for any primary, $1,365.00 for any runoff, and $2,300.00 for the November general election. For House districts with more than one post, the amounts specified in this paragraph shall be increased to an amount equal to the amount specified multiplied by the number of posts in the district.

(5) The provisions of this subsection to the contrary notwith standing, candidates for the offices provided in paragraphs (1) and (2) who do not hold any constitutional State or federal office at the time of the primary may expend, in addition to the amounts specified above, for the primary, an additional amount for the primary only equal to 25% of the amount specified above for the primary."

On the adoption of the amendment, the yeas were 13, nays 25, and the amendment to the committee substitute was lost.

Senator Sutton of the 9th offered the following amendment to the committee substitute to SB 141:
Amend the committee substitute to SB 141 by inserting after the word "compensation" on line 8 of Page 3, the following:
"from any source".
By inserting following the word "compensation" on line 18 of Page 3, the following:
"from any source".
By inserting following the word "compensation" on line 26 of Page 3, the following:
"from any source".

On the adoption of the amendment, the yeas were 30, nays 11, and the amendment to the committee substitute was adopted.

Senator Sutton of the 9th offered the following amendment to the committee substitute to SB 141:

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JOURNAL OF THE SENATE,

Amend the committee substitute to SB 141 by striking on line 32 of Page 5 the following:

"primary runoff", and substituting in lieu thereof the fol lowing: "runoff".

By striking on line 3 of Page 6 the following:

"primary".

On the adoption of the amendment, the yeas were 44, nays 0, and the amendment to the committee substitute was adopted.

Senator Dean of the 6th offered the following amendment to the committee substitute to SB 141:
Amend the committee substitute to SB 141 by adding a new Section 11 to read as follows:
"Section 11. The State shall provide and pay for a certified Public Accountant for each member of the General Assembly to comply with those provisions of this Act that would demand the services of a certified public accountant.";
And by renumbering Sections 11 and 12 as 12 and 13.

On the adoption of the amendment, the yeas were 15, nays 28, and the amendment to the committee substitute was lost.

Senator Starr of the 44th offered the following amendment to the committee substitute to SB 141:
Amend the committee substitute to SB 141 by adding on Page 1, line 4 of the Title, after the word "of" and before the word "certain" on Page 1, line 5 of the Title, the following words:
"District Attorneys"; and
By adding after the word "Commissioners", on Page 2, line 28 of Section 2, and before the word "and", on Page 2, line 28 of Section 2 the following words:
"District Attorney"; and
By striking on Page 9, line 4 the number "25" and inserting in lieu thereof the number "36".

WEDNESDAY, FEBRUARY 19, 1975

641

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment to the committee substitute was adopted.

Senator McGill of the 24th moved to commit SB 141 to the Committee on Judiciary.

On the motion, the yeas were 10, nays 28; the motion was lost, and SB 141 was not committed to the Committee on Judiciary.

On the adoption of the committee substitute, the yeas were 43, 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 Banks Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eld ridge Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby
Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren

Those voting in the negative were Senators:

Bond Fincher

Hill Russell

Tate Young

Those not voting were Senators: Barker, Barnes and Duncan.

On the passage of the bill, the yeas were 47, nays 6.

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

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JOURNAL OF THE SENATE,

Senator Holloway of the 12th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 141.

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 101. By Representatives Howard, Wilson and Cooper of the 19th, Kreeger of the 21st and others: A resolution designating Georgia Spinal Health Day.

The House has passed by the requisite constitutional majority the follow ing bills of the House, to-wit:
HB 151. By Representatives Hudson of the 137th, Nessmith of the 82nd, Lane of the 81st and others:
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 examina tion prior to completion of the experience requirement.

HB 263. By Representative Lane of the 40th:
A bill to provide that the local law enforcement agency charged with the responsibility for law enforcement within the school district at tendance area and the board of education of each county and independent school system of this State shall study and evaluate the traffic safety requirements of the school system and the various individual schools therein.
The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:

SB 79. By Senators Robinson of the 27th, Howard of the 42nd, Coverdell of the 40th and others:
A bill to be known as the "Georgia Financial Disclosure Act of 1975"; to provide for a short title; to provide for a declaration of policy; to provide for definitions; to create a State Ethics Commission; to pro vide for the composition and appointment of members and their terms of office, powers, duties, compensation, expenses and qualifications.

Senator Coverdell of the 40th offered the following amendment:
Amend SB 79 by inserting the word "or" before the word "who" on line 5, Page 4.

WEDNESDAY, FEBRUARY 19, 1975

643

On the adoption of the amendment, the yeas were 33, nays 5, and the amendment was adopted.

Senator Coverdell of the 40th offered the following amendment to SB 79:
Amend SB 79 by inserting after the word "duties." on line 15, Page 12 the words "provided, however, that nothing herein shall prohibit anyone from making a legitimate campaign contribution to a candidate or his campaign committee for the purpose of defraying the campaign expenses of a candidate for any state or local office".

On the adoption of the amendment, the yeas were 34, nays 2, and the amendment was adopted.

Senator Robinson of the 27th offered the following amendment:
Amend SB 79 by striking on Page 4, line 15, the number "25" and inserting in lieu thereof the number "36".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

Senator Robinson of the 27th offered the following amendment:
Amend SB 79 by inserting following the word "forms" on line 23 of Page 1 the following:
"; to provide for the suspension or modification of reporting requirements under certain circumstances".
By inserting at the end of Section 5, following line 32 of Page 11, a new subsection (c), to read as follows:
"(c) The commission, after hearing, by order may suspend or modify any of the reporting requirements hereunder in a particular case if it finds that literal application of this Act works a mani festly unreasonable hardship and if it also finds that such suspen sion or modification will not frustrate the purposes of this Act. Any such suspension or modification shall be only to the extent neces sary to substantially relieve the hardship. The commission shall act to suspend or modify any reporting requirements only if it determines that facts exist that are clear and convincing proof of the findings required hereunder. Any citizen shall have standing to bring an action in the Superior Court of Fulton County to contest the propriety of any order entered hereunder within one year from the date of entry of such order."

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

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Senator Robinson of the 27th offered the following amendment:

Amend SB 79 by inserting, following line 31 of Page 4 a new paragraph (4), to read as follows:

" (4) to institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this Act.".

By inserting, following the word "filed" on line 14 of Page 5 the following:
"by a candidate".

By striking from lines 15 through 16 of Page 7 the following:
"(ii) to make public the fact that a violation is suspected and the nature thereof;".

By striking from line 17 of Page 7 the following: "(iii)",

and inserting in lieu thereof the following: "(ii)".

By striking from line 10 of Page 8 the following: "(20)",

and inserting in lieu thereof the following: "(g)".

By striking paragraph (3) of Section 5 on line 4 through line 12 of Page 9, in its entirety and inserting in lieu thereof a new paragraph (3), to read as follows:
"(3) The name and address of each creditor to whom the value of five hundred dollars or more was owed; the percentage of each such debt of the total of such debt owed to all creditors as of the date of filing; provided, that debts arising out of a retail installment transaction need not be reported or included in making the calcula tions required herein; and".
By inserting in paragraph (6) of Section 5, following the word "compensation" on line 28 of Page 9 the following:
"expressed as a percentage of the total net income of the of ficial".

WEDNESDAY, FEBRUARY 19, 1975

645

By striking from line 20 of Page 11 the following:

"Where",

and inserting in lieu thereof the following:

"Except as otherwise provided in paragraphs (3) and (6) of subsection (a), where".

By adding, following the sentence ending on line 32 of Page 11, the following:

"Where a percentage is required to be reported under sub section (a) of this Section, it shall be sufficient to comply with such requirement to report whether the percentage is less than 25%, at least 25% but less than 50%, at least 50% but less than 75%, or 75%- or more."

On the adoption of the amendment, the yeas were 34, nays 1, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Banks Bond Brantley Coverdell Dean of 6th Duncan Eldridge Foster

Garrard Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kidd

Langford Pearce Robinson Shapard Stumbaugh Sutton Thompson Traylor

Those voting in the negative were Senators:

Ballard Bell Broun of 46th Brown of 47th Carter Dean of 31st Doss Fincher
Gillis Hill

Holley Kennedy Lester Lewis McDowell McDuffie McGill Overby Reynolds
Riley

Russell Starr Stephens Summers Tate Timmons Turner Tysinger Warren
Young

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JOURNAL OF THE SENATE,

Those not voting were Senators Barker and Barnes.

On the passage of the bill, the yeas were 24, nays 30.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Robinson of the 27th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 79.

Senator Fincher of the 54th moved the following bill of the Senate be removed from the table:

SB 34. By Senator Fincher of the 54th:
A Bill to amend Code Title 88, the Georgia Health Code, as amended, so as to provide for civil penalties; to provide for the practices and procedures in connection with the imposition of such penalties; to provide for judicial review; to provide for injunctive relief; to pro vide for other matters relative to the foregoing.

On the motion, the yeas were 27, nays 7; the motion prevailed, and SB 34 was removed from the table and put upon its passage.

SB 34. By Senator Fincher of the 54th:
A bill to amend Code Title 88, the Georgia Health Code, as amended, so as to provide for civil penalties; to provide for the practices and procedures in connection with the imposition of such penalties; to provide for judicial review; to provide for injunctive relief; to provide for other matters relative to the foregoing.

The Committee on Human Resources offered the following amendment:
Amend SB 34 by striking the period on Page 2, line 21, and by substituting in lieu thereof the following:
"; provided, that all cost incurred and recovered in such action shall be paid to the court of competent jurisdiction."

On the adoption of the amendment, the yeas were 32, nays 0, and the com mittee .amendment was adopted.

Senator Thompson of the 32nd offered the following amendment: Amend SB 34 by adding on Page 2, line 2, the following:

WEDNESDAY, FEBRUARY 19, 1975

647

"No liability for penalties shall be incurred hereunder if prior to the hearing required hereinafter the person concerned has in good faith achieved compliance or terminated the conduct or conditions which are asserted to be in noncompliance. After such hearing, a person shall have 30 days to begin compliance and 60 days to achieve complete compliance with the provisions of the public health law or any rules and regulations promulgated pursuant thereto."

And by adding on Page 2, line 11, a new sentence after the word "provided." to read as follows:

"No hearing shall be held until at least 30 days after notice thereof to the person charged with violating the law."

On the adoption of the amendment, the yeas were 42, nays 1, and the amendment was adopted.

Senator McDowell of the 2nd offered the following amendment:
Amend SB 34 by adding between lines 2 and 3 on Page 2 thereof, following the words "of continuing violation.", the following:
"No liability for penalties shall be incurred hereunder if prior to the hearing required hereinafter the person concerned has in good faith achieved compliance or terminated the conduct or condi tions which is asserted to be in non compliance."

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to 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 Bond Brantley Broun of 46th Brown of 47th Coverdell Fincher Foster

Garrard Hamilton of 26th Holloway Howard Hudson Kidd Langford Lester

Overby Reynolds Shapard Stumbaugh Tate Thompson Tysinger Warren

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Bell Carter Dean of 6th Dean of 31st Doss Duncan Eldridge Gillis

Hill Hudgins Kennedy Lewis McDowell McDuffie McGill Pearce

Riley Starr Stephens Sutton Timmons Traylor Turner Young

Those not voting were Senators:

Banks Barker Barnes

Hamilton of the 34th Holley Robinson

Russell Summers

On the passage of the bill, the yeas were 24, nays 24.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Garrard of the 37th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 34.

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

HB 146. By Reperesentatives Hutchinson of the 133rd, Larsen of the 119th, Jones of the 126th and others:
Senate Sponsor: Senator Holloway of the 12th.
A bill to authorize the State Personnel Board to provide a health insurance plan for public school teachers 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 Bell Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Eldridge Fincher Foster Gillis

WEDNESDAY, FEBRUARY 19, 1975

649

Hamilton of 26th Hill Holley Holloway Howard Hudson Kennedy Kidd Lester Lewis McDowell

McDuffie McGill Overby Pearce Reynolds Riley Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Barker Barnes Bond

Garrard Hamilton of the 34th Hudgins

Langford Robinson Russell

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

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 151. By Representatives Hudson of the 137th, Nessmith of the 82nd, Lane of the 81st and others:
A bill to amend an Act regulating the practice of professional sanitarians, so as to authorize an applicant for a license to take the examination prior to completion of the experience requirement. Referred to Committee on Human Resources.

HB 263. By Representative Lane of the 40th:
A bill to provide that the local law enforcement agency charged with the responsibility for law enforcement within the school district at tendance area and the board of education of each county and in dependent school system of this State shall study and evaluate the traffic safety requirements of the school system and the various individual schools therein.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HR 101. By Representative Howard of the 19th and others:
A resolution designating Georgia Spinal Health Day. Referred to Committee on Rules.

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JOURNAL OF THE SENATE,

The following resolution of the Senate was read and adopted:

SR 90. By Senator Starr of the 44th: A resolution commending Frankie Dubberly.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow at 3:60 o'clock P. M.

THURSDAY, FEBRUARY 20, 1975

651

Senate Chamber, Atlanta, Georgia Thursday, February 20, 1975.

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today, and was called to order by the President.
Senator Young of the 13th reported that the journal of yesterday's pro ceedings had been read and found correct.
Senator Robinson of the 27th moved that the Senate reconsider its action of February 19 in defeating the following bill of the Senate:
SB 79. By Senators Robinson of the 27th, Howard of the 42nd, Coverdell of the 40th and others: A bill to be known as the "Georgia Financial Disclosure Act of 1975"; to provide for a short title; to provide for a declaration of policy; to provide for definitions; to create a State Ethics Commission; to pro vide for the composition and appointment of members and their terms of office, powers, duties, compensation, expenses and qualifications.
On the motion, the yeas were 28, nays 5; the motion prevailed, and SB 79 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 295. By Representatives Howard of the 19th, Sizemore of the 136th, Kreeger of the 21st 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.
HB 382. By Representatives McKinney of the 35th, Blackshear of the 123rd, Petro of the 46th and others: A bill to amend Code Section 26-2701, relating to definitions used in describing gambling and related offenses, so as to exclude participation in a nonprofit bingo game from the definition of the word "lottery".

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JOURNAL OF THE SENATE,

HB 124. By Representatives Russell of the 53rd and Lambert of the 112th:
A bill to amend an Act creating the State Board of Pardons and Paroles so as to authorize members of the Board to issue a warrant for the arrest of a parolee or conditional releasee.

HB 125. By Representatives Russell of the 53rd and Lambert of the 112th:
A bill to amend an Act creating the State Board of Pardons and Paroles so as to provide that in considering certain cases the Board shall notify the sentencing judge and district attorney of the county where such person was sentenced.

HB 126. By Representatives Russell of the 53rd and Lambert of the 112th:
A bill to amend an Act creating the State Board of Pardons and Paroles, particularly as it provides for the power and method of granting clemency, pardon or parole or other relief from sentence, so as to provide for a written decision signed by Board members when granting relief from a sentence.

HB 145. By Representatives Toles of the 16th and Adams of the 14th:
A bill to amend Code Title 84, relating to professions, businesses and trades, so as to provide for the regulation and licensing of certain practitioners of the business of auctioneering.

HB 573. By Representative Irwin of the 130th: A bill to provide a new Charter for the City of Edison.

HB 666. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
A bill to amend an Act to designate counsel to represent public officials; so as to clarify the circumstances under which the Governor may designate legal counsel for a public officer, public official, board or bureau, or any of its members.

HB 667. By Representatives Walker of the 115th, Snow of the 1st and Sams of the 90th:
A bill to amend an Act reorganizing the State Department of Law so as to provide for the appointment of deputy Attorneys General and others; to provide that these shall not engage in the private practice of law during his term of appointment; to provide that attorneys at law under independent contract to the Department of Law may engage in the private practice of law.
HB 668. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
A bill to amend Section 40-1602 of the Code of Georgia of 1933 so as to

THURSDAY, FEBRUARY 20, 1975

653

clarify the duties of the Attorney General and the circumstances under which the Attorney General shall act at the direction of the Governor.

HB 669. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
A bill to amend an Act reorganizing the State Department of Law so as to clarify the power of the Attorney General to investigate into the affairs of the State or any of its agencies or authorities or any person or organization dealing with the same.

HB 728. By Representatives Rush of the 121st and Clifton of the 107th:
A bill creating and establishing a Small Claims Court for Tattnall County, Georgia, to be known as the Small Claims Court of Tattnall County.

HB 730. By Representatives Thomason, Harris and Johnson of the 8th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Pickens County, known as the fee system; to provide in lieu thereof an annual salary.

HB 739. By Representatives Williamson of the 45th, Davis and Tolbert of the 56th and others:
A bill to amend Code Section 92-6402, relating to the payment of county taxes so as to change the installment dates in certain counties for the payment of such taxes and a penalty for nonpayment of installments when due so as to strike the ten percent penalty on delinquent install ments.

HB 69. By Representative Wall of the 61st:
A bill to amend Code Section 34-1005 relating to the qualification of candidates in a primary so as to change the time within which candi dates may qualify for party nomination.

HB 430. By Representatives Reaves of the 147th, Keyton of the 143rd, Long of the 142nd and others:
A bill to be known as the "Buying Services Act of 1975"; to regulate and control buying services and buying clubs; to provide that any person who is elected to become a member of a buying service or buying club may cancel such membership under certain circumstances.

HB 466. By Representative Irvin of the 23rd:
A bill to amend an Act entitled "An Act to limit the effect of and time for enforcing conveyances of real property to secure debt by providing for a reversion of title, when title shall revert, when powers of sale

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JOURNAL OF THE SENATE,

shall be exercised and when suits to recover the property under such conveyance shall be brought . . .", so as to require that certain additional information shall be recorded in the deed records of the county upon foreclosure of a mortgage and the subsequent sale of such property.

SB 26. By Senators Thompson of the 32nd, Howard of the 42nd and Robinson of the 27th:
A bill to repeal Code Chapter 23-24, relating to relief for poor Con federate soldiers.

SB 28. By Senators Thompson of the 32nd, Howard of the 42nd and Robinson of the 27th:
A bill to amend Code Chapter 84-20, relating to peddlers, as amended, so as to repeal certain provisions relating to Confederate soldiers.

HB 268. By Representatives Thompson of the 93rd, Foster and Cole of the 6th and Leonard of the'Srd:
A bill to amend an Act fixing the salaries of the judges of the superior courts so as to provide that secretaries employed by judges of the superior courts and district attorneys under the provisions of said Act shall be employees of the judicial branch of State government and shall be in the unclassified service of the State Merit System of Per sonnel Administration.

The House has adopted by the requisite constitutional majority the follow ing resolutions of the House, to-wit:

HR 114. By Representatives Rainey of the 135th, Peters of the 2nd and Lane . of the 40th:
A resolution creating the State Parks Evaluation Study Committee.

HR 121. By Representatives Wilson of the 19th, Kreeger and Burruss of the 21st:
A resolution authorizing the lease of a certain tract of State-owned property located in the City of Kennesaw.

HR 73. By Representative Carrell of the 75th:
A resolution proposing an amendment to the Constitution so as to establish minimum qualifications for sheriffs and candidates for sheriff.

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

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655

SB 294. By Senators Fincher of the 54th and Garrard of the 3'7th:
A bil! to amend Code Chapter 88-17, relating to vital records, as amended, so as to provide for the payment of certain fees to all local registrars and custodians of vital records; to provide that the department shall complete and register delayed birth certificates; to provide that burial permits shall be issued within 72 hours after death. Referred to Committee on Human Resources.

SB 295. By Senator Summers of the 53rd:
A bill to amend an Act placing the Sheriff of Chattooga County upon an annual salary, as amended, so as to change the provisions relative to deputies and other personnel of the Sheriff's office. Referred to Committee on County and Urban Affairs.

SB 296. By Senator Carter of the 14th:
A bill to amend an Act authorizing boards of education to purchase liability insurance or contracts of indemnity insuring or indemnifying board members, superintendents, administrators, and other employees against liability for damage in specified instances. Referred to Committee on Education.
SB 297. By Senator Dean of the 6th:
A bill to provide that officers of a department of State government shall present the department's request for appropriations to the Stand ing Committees of each House which consider legislation affecting such department prior to said officers appearing before the Appropriations Committees of the General Assembly. Referred to Committee on Appropriations.

SB 298. By Senator Dean of the 6th:
A bill to amend Code Section 93-414, relating to approval of corporate securities by the Public Service Commission, as amended, so as to require companies under the jurisdiction of the commission to obtain approval from the commission before issuing stocks, bonds, notes or other evidences of debt payable within 12 months from the date of such issue.
Referred to Committee on Public Utilities.

SB 299. By Senator Dean of the 6th:
A bill to amend Code Chapter 47-10, relating to lobbying, as amended, so as to prohibit certain State officers of the executive branch of govern ment from attempting to influence members of the General Assembly concerning the enactment of certain bills or resolutions, unless such officers have been requested by a member of the General Assembly to express their views on a particular bill or resolution.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE,

SB 300. By Senator Stephens of the 36th:
A bill to completely and exhaustively revise, supersede and consolidate the laws relating to the Merit System of Personnel Administration for Fulton County; to define certain terms; to provide for the appointment of a personnel board along with provisions for their removal and com pensation.
Referred to Committee on County and Urban Affairs.

SB 301. By Senator Belief the 5th:
A bill to amend Code Section 26-2904, relating to a license to carry a pistol or revolver, so as to provide that making a false oath in con nection with application for a license to carry a pistol or revolver shall constitute false swearing; to provide for a penalty. Referred to Committee on Judiciary.

SB 302. By Senators Stumbaugh of the 55th, Doss of the 52nd, Kidd of the 25th and others:
A bill to amend Code 'Chapter 26-25, relating to crimes involving ob struction of law enforcement, as amended, so as to make the failure to appear for trial by a person released on bail or recognizance a crime, to provide punishments. Referred to Committee on Judiciary.

SB 303. By Senators Thompson of the 32nd, Lester of the 23rd, Dean of the 31st and others:
A bill to amend Code Chapter 26-16, relating to burglary and related offenses, so as to change the penalty provisions relating to the offense of burglary. Referred to Committee on Judiciary.

SB 304. By Senators Thompson of the 32nd, Lester of the 23rd, Dean of the 31st and others:
A bill to amend Code Section 26-1902, relating to armed robbery, as amended, so as to change the penalty provisions relating to such offense; to provide for cases in which serious bodily injury is inflicted on a person.
Referred to Committee on Judiciary.

SB 305. By Senator Thompson of the 32nd:
A bill to amend Code Chapter 79A-8, known as the Georgia Controlled Substances Act, as amended, so as to change the provisions relating to forfeitures; to provide an effective date. Referred to Committee on Human Resources. -

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657

SB 306. By Senator Howard of the 42nd:
A bill to amend an Act providing the Attorney General, upon request of any department, or office, is authorized to employ private counsel to perform legal services for that department or office and that such department shall pay for such services. Referred to Committee on Judiciary.

SB 307. By Senator McGill of the 24th:
A bill to recreate the Board of Commissioners of Wilkes County; to provide for commissioner districts; to provide for election of a chairman and term of office; to provide for election of members and terms of office; to require bonds and oaths; to provide for the filling of vacancies; to provide for a clerk.
Referred to Committee on County and Urban Affairs.

SB 308. By Senator Langford of the 51st:
A bill to amend an Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act", so as to change the membership of the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators to reflect the reorganization of the Georgia Department of Public Health and the Georgia Water Quality Control Board. Referred to Committee on Natural Resources and Environmental Quality.
SR 89. By Senators Riley of the 1st and McDowell of the 2nd:
A resolution proposing an amendment to the Constitution, so as to delete therefrom the provisions relating to the Downtown Savannah Authority; to provide for the submission of this amendment for rati fication or rejection. Referred to Committee on County and Urban Affairs.
SR 91. By Senators Hudson of the 35th, Starr of the 44th, Langford of the 51st and others:
A resolution creating the Equal Rights Study Commission. Referred to Committee on Rules.
SR 94. By Senators Tate of the 38th, Kidd of the 25th, Hamilton of the 34th and others:
A resolution expressing support for the Governor's efforts to provide minority representation on State boards, commissions and agencies. 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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JOURNAL OF THE SENATE,

HB 573. By Representative Irwin of the 130th:
A bill to provide a new Charter for the City of Edison. Referred to Committee on County and Urban Affairs.

HB 728. By Representatives Rush of the 121st and Clifton of the 107th:
A bill creating and establishing a Small Claims Court for Tattnall County, Georgia, to be known as the Small Claims Court of Tattnall County. Referred to Committee on County and Urban Affairs.

HB 730. By Representatives Thomason, Harris and Johnson of the 8th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Pickens County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on County and Urban Affairs.
HB 739. By Representatives Williamson of the 45th, Davis and Tolbert of the 56th and others:
A bill to amend Code Section 92-6402, relating to the payment of county taxes, so as to change the installment dates in certain counties for the payment of such taxes and a penalty for nonpayment of installments when due so as to strike the ten percent penalty on delinquent installments. Referred to Committee on County and Urban Affairs.

HB 69. By Mr. Wall of the 61st:
A bill to amend Code Section 34-1005 relating to the qualification of candidates in a primary so as to change the time within which candidates may qualify for party nomination. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 124. By Messrs. Russell of the 53rd and Lambert of the 112th:
A bill to amend an Act creating the State Board of Pardons and Paroles so as to authorize members of the Board to issue a warrant for the arrest of a parolee or conditional releasee. Referred to Committee on Offender Rehabilitation.

HB 125. By Messrs. Russell of the 53rd and Lambert of the 112th:
A bill to amend an Act creating the State Board of Pardons and Paroles so as to provide that in considering certain cases the Board shall notify the sentencing judge and district attorney of the county where such person was sentenced. Referred to Committee on Offender Rehabilitation.

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659

HB 126. By Messrs. Russell of the 53rd and Lambert of the 112th:
A bill to amend an Act creating the State Board of Pardons and Paroles, particularly as it provides for the power and method of granting clemency, pardon or parole or other relief from sentence, so as to provide for a written decision signed by Board members when granting relief from a sentence. Referred to Committee on Offender Rehabilitation.

HB 145. By Messrs. Toles of the 16th and Adams of the 14th:
A bill to amend Code Title 84, relating to professions, businesses and trades, so as to provide for the regulation and licensing of certain practitioners of the business of auctioneering. Referred to Committee on Agriculture.

HB 268. By Messrs. Thompson of the 93rd, Foster and Cole of the 6th and Leonard of the 3rd:
A bill to amend an Act fixing the salaries of the judges of the superior courts so as to provide that secretaries employed by judges of the superior courts and district attorneys under the provisions of said Act shall be employees of the judicial branch of State government and shall be in the unclassified service of the State Merit System of Personnel Administration.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 295. By Messrs. Howard of the 19th and Karrh of the 106th, Mrs. Sizemore of the 136th 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.
Referred to Committee on Judiciary.

HB 382. By Messrs. McKinney of the 35th, Blackshear of the 123rd, Petro of the 46th and others:
A bill to amend Code Section 26-2701, relating to definitions used in describing gambling and related offenses, so as to exclude participa tion in a nonprofit bingo game from the definition of the word "bet", to exclude nonprofit bingo games from the definition of the word "lottery".
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

660

JOURNAL OF THE SENATE,

HB 430. By Messrs. Reaves of the 47th, Keyton of the 143rd, Long of the 142nd and others:
A bill to be known as the "Buying Services Act of 1975"; to regulate and control buying services and buying clubs; to provide that any person who is elected to become a member of a buying service or buying club may cancel such membership under certain circumstances. Referred to Committee on Consumer Affairs.

HB 466. By Mr. Irwin of the 23rd:
A bill to amend an Act entitled "An Act to limit the effect of and time for enforcing conveyances of real property to secure debt by pro viding for a reversion of title, when title shall revert, when powers of sale shall be exercised and when suits to recover the property under such conveyance shall be brought . . .", so as to require that certain additional information shall be recorded in the deed records of the county upon foreclosure of a mortgage and the subsequent sale of such property.
Referred to Committee on Judiciary.

HB 666. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
A bill to amend an Act to designate counsel to represent public officials so as to clarify the circumstances under which the Governor may designate legal counsel for a public officer, public official, board or bureau, or any of its members. Referred to Committee on Judiciary.
HB 667. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
A bill to amend an Act reorganizing the State Department of Law so as to provide for the appointment, employment and removal of deputy Attorneys General, assistant Attorneys General, special assistant Attorneys General, other attorneys, para-professional personnel, clerical assistants, and other employees or independent contractors; to provide that neither the Attorney General nor any other attorney at law em ployed full time by the Department of Law shall engage in the private practice of law during- his term of appointment; to provide that at torneys at law under independent contract to the Department of Law may engage in the private practice of law; to provide that the Gov ernor shall be authorized to appoint two attorneys for such period of time as his executive counsel. Referred to Committee on Judiciary.

HB 668. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
A bill to amend Section 40-1602 of the Code of Georgia of 1933 so as to clarify the duties of the Attorney General and the circumstances

THURSDAY, FEBRUARY 20, 1975

661

under which the Attorney General shall act at the direction of the Governor.
Referred to Committee on Judiciary.

HB 669. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
A bill to amend an Act reorganizing the State Department of Law so as to clarify the power of the Attorney General to investigate into the affairs of the State or any of its agencies or authorities or any person or organization dealing with the same. Referred to Committee on Judiciary.

HR 73. By Mr. Carrell of the 75th:
A resolution proposing an amendment to the Constitution so as to establish minimum qualifications for sheriffs and candidates for sheriff. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HR 114. By Messrs. Rainey of the 135th, Peters of the 2nd and Lane of the 40th:
A resolution creating the State Parks Evaluation Study Committee. Referred to Committee on Rules.

HR 121. By Messrs. Wilson of the 19th, Kreeger and Burruss of the 21st:
A resolution authorizing the lease of a certain tract of State-owned property located in the City of Kennesaw. Referred to Committee on Public Utilities.

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 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 352. Do pass. SR 76. Do pass.
Respectfully submitted, McGill of 24th District, Chairman.

662

JOURNAL OF THE SENATE,

Senator Broun of the 46th 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 169. Do pass by substitute.

Respectfully submitted, Broun of 46th District, Chairman.

Senator Holley of the 22nd District, Chairman of the Committee on Bank ing, Finance and Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance and Insurance 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 recommenda tions :
SB 209. Do pass. SB 228. Do not pass. SB 267. Do pass. HB 538. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.

Senator Garrard of the 37th 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 rec ommendations :
SB 273. Do pass.
SB 284. Do pass.
HB 233. Do pass.
HB 242. Do pass.
HB 475. Do pass.

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663

HB 581. Do pass. HB 584. Do pass. HB 592. Do pass. HB 594. Do pass. HB 595. Do pass. HB 606. Do pass. HB 608. Do pass. HB 627. Do pass. HB 635. Do pass. HB 649. Do pass. HB 650. Do pass. HB 651. Do pass. HB 655. Do pass. HB 658. Do pass. HB 661. Do pass. HR 117. Do pass. HR 144. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Garrard of the 37th 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 226. Do pass. HB 227. Do pass. HB 228. Do pass by substitute. HB 632. Do pass. HB 637. Do pass. HB 638. Do pass. HB 639. Do pass. HB 640. Do pass.

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JOURNAL OP THE SENATE,

HB 641. Do pass. HB 642. Do pass. HB 643. Do pass. HB 644. Do pass.

Respectfully submitted, Garrard of 37th 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 156. Do pass. SB 265. Do pass. SB 272. Do pass. SB 274. Do pass. HB 211. Do pass by substitute.
Respectfully submitted, Kidd of 25th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources has had under consideration the follow ing bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 270. Do pass as amended.
Respectfully submitted, Fincher of 54th District, Chairman.

THURSDAY, FEBRUARY 20, 1975

665

Senator Pincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:

Mr. President:

Your Committee on Human Resources 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 259. Do pass.
SB 197. Do pass.
SB 266. Do pass.
SR 69. Do pass as amended.

Respectfully submitted, Fincher of 54th District, Chairman.

Senator Kennedy of the 4th District, Chairman of the Committee on Of fender Rehabilitation, submitted the following report:
Mr. President:
Your Committee on Offender Rehabilitation 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 260. Do pass.
SB 264. Do pass.
Respectfully submitted, Kennedy of 4th District Chairman.

Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 214. Do pass by substitute.
SR 62. Do pass.
SR 63. Do pass.

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JOURNAL OF THE SENATE,

SR 65. Do pass. SR 77. Do pass.

Respectfully submitted, Eldridge of 7th District, Chairman.

Senator Reynolds of the 48th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. President:
Your Committee on Transportation has had under consideration the follow ing bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :
SB 241. Do pass as amended. SB 251. Do pass. SR 86. Do pass. HB 4. Do pass. HB 618. Do pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

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

SB 165. 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 ap pear.

SB 172. By Senator Doss of the 52nd:
A bill to prohibit the governing authorities of the various counties and municipalities in this State from adopting resolutions or ordinances relating to the registration of firearms.

SB 174. By Senator Doss of the 52nd:
A bill to amend the Georgia Charitable Trust Act, approved Mar. 21, 1974 (Ga. Laws 1974, p. 440), so as to provide that the settlor of any

THURSDAY, FEBRUARY 20, 1975

667

trust may provide in the instrument creating the trust that the provisions of said Act shall not apply to the trustees of the trust therein created.

SB 205. By Senators Lewis of the 21st, Overby of the 49th, Banks of the 17th and Barnes of the 33rd:
A bill to' amend an Act providing for a new exclusive procedure for per sons whose liberty is being restrained by virtue of a sentence imposed against them by any state court of record, approved April 18, 1967 (Ga. Laws 1967, p. 835), as amended, particularly by an Act approved April 19, 1973 (Ga. Laws 1973, p. 1315), so as to provide certain grounds shall be considered waived in such cases under certain condi tions.

SB 247. By Senators Warren of the 43rd, Kidd of the 25th and Riley of the 1st:
A bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, approved Mar. 16, 1966 (Ga. Laws 1966, p. 574), as amended, so as to change the provisions relative to the interest that may be charged on the principal amount of the loan.

SR 44. By Senators Lewis of the 21st and Banks of the 17th:
A resolution proposing an amendment to the Constitution so as to provide for venue of civil actions respecting third-party practice; to provide for the submission of this amendment for ratification or re jection.

HB 31. By Representatives Burruss of the 21st, Shanahan of the 7th and Ross of the 76th:
A bill to create the Georgia Municipal Electric Authority as an institu tion of purely public charity performing an essential governmental function; to authorize the Authority, as sole owner or in common with others, to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects embracing generation and transmission of electric power and energy.

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:

HB 176. By Messrs. Lee, Bailey, Johnson and West of the 72nd:
A bill to amend an Act creating the State Court of Clayton County so as to change the salary of the judge of said court; to prohibit the judge from engaging in the private practice of law.

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JOURNAL OF THE SENATE,

The Committee on County and Urban Affairs offered the following substitute to HB 176:

A BILL

To be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3383), so as to change the salary of the judge of said court; to prohibit the judge from engaging in the private practice of law; to authorize and empower the judge of said court to appoint a judge pro hac vice under certain conditions and fix his compensation; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the State Court of Clayton County, ap proved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended, partic ularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3383), 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. Judge's Salary. The Judge of the State Court of Clayton County shall receive a salary of twenty-five thousand ($25,000.00) dollars per annum which shall be paid monthly by the Board of Commissioners of Clayton County. The Judge of the State Court of Clayton County shall receive no other compensation for serving as judge of said court, and he shall not engage in the private practice of law in any capacity during his tenure as judge of said court, and he shall not be eligible to hold any other public office while serving as judge of said court. The salary of the judge shall be paid out of the general funds of Clayton County."

Section 2. Said Act is further amended by adding a new Section immediately following Section 3 to be designated Section 3A to read as follows:
"Section 3A. Judge Pro Hac Vice. The judge of said court is hereby authorized and empowered to appoint a judge pro hac vice on a need and judgment basis to assist him in discharging the duties and responsibilities of his office. The compensation of a judge pro hac vice shall be fixed by the judge of said court and paid out of the general funds of Clayton County. A judge pro hac vice shall have and may exercise the same powers as the judge of the State Court of Clayton County when presiding as judge pro hac vice in said court."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 49, nays 0 and the substitute was adopted.

THURSDAY, FEBRUARY 20, 1975

669

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 yeas were 49, nays 0.

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

HB 454. By Representatives Wood, Whitmire and Jackson 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, at least one-half of the total amount thereof shall be paid by August 1, and the balance shall be paid by De cember 1.

Senator Overby of the 49th offered the following amendment:
Amend HB 454 by inserting on line 15 on Page 1 after the word and symbol "contrary,", the following:
"except as provided in Code Section 92-2704,".

On the adoption of the amendment, the yeas were 49, nays 0, and the amend ment was adopted.

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

On the passage of the bill, the yeas were 49, nays 0.

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

SB 68. By Senator Howard of the 42nd:
A bill to amend an Act reincorporating the City of Atlanta in the Coun ties of Fulton and DeKalb, as amended, so as to change the corporate limits of the City of Atlanta.

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

On the passage of the bill, the ayes were 49, nays 0.

670

JOURNAL OF THE SENATE,

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

HB 304. By Messrs. Lee, Johnson, West and Bailey of the 72nd:
A bill to amend an Act incorporating the City of Riverdale, so as to change the terms of office of the mayor and councilmen 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 379. By Messrs. Mullinax of the 69th and Ware of the 68th: A bill to create the Downtown LaGrange Development Authority; to create the Downtown LaGrange District.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 402. By Messrs. Logan of the 62nd and Russell of the 64th: A bill to amend an Act entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof" so as to pro vide that a majority of the votes cast by electors shall be required for election to the office of Mayor, Alderman, and Recorder of the Recorder's Court for 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 49, nays 0.

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

HB 403. By Messrs. Logan of the 62nd and Russell of the 64th: A bill to amend an Act entitled "An Act to amend the charter of the

THURSDAY, FEBRUARY 20, 1975

671

Town of Athens and the various Acts amendatory thereof" so as to define the duties and powers of the mayor.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 408. By Mr. Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 409. By Mr. Chance of the 129th: A bill to amend an Act creating a charter for the Town of Rincon so as to change the qualifications of candidates for mayor or alderman 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 49, nays 0.

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

HB 426. By Messrs. Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a new charter for the City of West Point so as to authorize and empower the Mayor and Aldermen of the City of West Point to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, at any time and from time to time, any real property owned by the City of West Point which is not needed for municipal purposes.

672

JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 431. By Messrs. Wheeler and Foster of the 152nd:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Bacon 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 49, nays 0.

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

HB 435. By Messrs. Waddle of the 113th and Watson of the 114th:
A bill to create and establish the State Court of Houston County pur suant to Article VI, Section IX, Paragraph I of the Constitution; to pro vide for 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 49, nays 0.

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

HB 441. By Mr. Shanahan of the 7th:
A bill to amend an Act providing for the office of Commissioner of Gordon County, so as to provide for a Board of Commissioners 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 49, nays 0.

THURSDAY, FEBRUARY 20, 1975

673

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

HB 446. By Mr. Hutchinson of the 133rd: A bill to amend an Act entitled "An Act to provide as compensation for the treasurer of Lee County a salary of $700 per year, instead of the commissions heretofore allowed by law.", so as to change the compensa tion 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 447. By Mr. Hutchinson of the 133rd: A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change the provision relating to 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 448. By Mr. Hutchinson of the 133rd: A bill to consolidate the offices of Tax Receiver and Tax Collector of Lee County into the office of the Tax Commissioner of Lee 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 49, nays 0.

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

HB 457. By Messrs. Rush of the 121st and Phillips of the 120th:
A bill to amend an Act placing the Sheriff of Toombs County upon an annual salary in lieu of the fee system, so as to change the compensation of the sheriff.

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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 49, nays 0.

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

HB 458. By Messrs. Rush of the 121st and Phillips of the 120th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Toombs County into the office of Tax Commissioner, 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 49, nays 0.

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

HB 464. By Messrs. Pinkston of the 100th, Banks of the 104th, Evans of the 99th and Lucas of the 102nd:
A bill to amend an Act reenacting the charter of the City of Macon, so as to abolish the Board of Water 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 49, nays 0.

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

HB 468. By Mr. Castleberry of the lllth:
A bill to amend an Act creating the Board of Commissioners of Quitman County, so as to change the terms of office 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 49, nays 0.

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

THURSDAY, FEBRUARY 20, 1975

675

HB 469. By Mr. Castleberry of the lllth:
A bill to amend an Act providing for the compensation of the Treasurer of Quitman County, 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 49, nays 0.

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

HB 470. By Mr. Adams of the 79th:
A bill to provide for the compensation of the Sheriff of Upson County; to provide for said salary to be in lieu of the fee system of compen sation.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 471. By Mr. Adams of the 79th:
A bill to amend an Act changing the terms of office of the Commission ers of Roads and Revenues of Upson 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 49, nays 0.

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

HB 472. By Mr. Adams of the 79th:
A bill to provide that at the expiration of the term of office of the present Upson County School Superintendent, the Board of Education shall appoint the school superintendent.

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

676

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 49, nays 0.

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

HB 476. By Mr. Snow of the 1st:
A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to create a public use area within the Town of Fort Oglethorpe.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 478. By Messrs. Waddle of the 113th and Watson of the 114th:
A bill to amend an Act abolishing the fee system of compensating the Coroner of Houston County and providing for an annual salary, so as to change the compensation provisions relating to 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 49, nays 0.

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

HB 480. By Messrs. Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating a Board of Commissioners of Houston County, so as to provide that vacancies in the membership of the Hos pital Authority shall be filled by 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 49, nays 0.

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

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677

HB 485. By Mr. Smith of the 78th:
A bill to amend an Act abolishing the fee system of compensating the Tax Commissioner of Lamar County and providing for an annual salary, so as to change the compensation of said 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 49, nays 0.

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

HB 486. By Mr. Smith of the 78th:
A bill to amend an Act abolishing the fee system of compensating the Judge of the Probate Court (formerly Ordinary) of Lamar County, so as to change the compensation of said 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 49, nays 0.

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

HB 445. By Mr. Walker of the 115th:
A bill to amend an Act creating a new charter for the City of Perry, so as to change the terms of office 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 were 49, nays 0.

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

HB 459. By Messrs. Key ton of the!43rd and Long of the 142nd:
A bill to amend an Act establishing the State Court of Thomas County (formerly known as the City Court of Thomasville in and for the County of Thomas), so as to change the salaries of the judge and solicitor 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 49, nays 0.

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

HB 505. By Representative Owens of the 77th:
A bill to create and establish an Airport Authority for Columbia 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 49, nays 0.

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

HB 513. By Representatives Hutchinson of the 133rd, White of the 132nd, Hatcher of the 131st and McCollum of the 134th:
A bill to provide for the creation of the office of County Administrator 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 49, nays 0.

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

HB 515. By Representative Culpepper of the 98th:
A bill to amend an Act fixing the compensation of the Treasurer of Crawford 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 49, nays 0.

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

THURSDAY, FEBRUARY 20, 1975

679

HB 516. By Representative Culpepper of the 98th:
A bill to amend an Act placing the Sheriff of Crawford County upon an annual salary so as to change the compensation provisions relating to the 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 49, nays 0.

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

HB 517. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to amend an Act placing the Clerk of the Superior Court of Peach County upon an annual salary in lieu of the fee system of com pensation so as to change the provisions relating to arbitration con cerning budget disputes.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 518. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to amend an Act placing the Judge of the Probate Court (formerly known as the Ordinary), of Peach County upon an annual salary in lieu of the fee system of compensation, so as to change the provisions relating to arbitration concerning budget disputes.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 519. By Representatives Culpepper of the 98th and Waddle of the 113th:
A bill to amend an Act placing the Tax Commissioner of Peach County upon an annual salary in lieu of the fee system of compensation so as to change the provisions relating to arbitration concerning budget disputes.

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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 49, nays 0.

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

HB 520. By Representative Culpepper of the 98th:
A bill to amend an Act creating the Board of Commissioners of Crawford County so as to change the compensation of the members of said board of commissioners.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 523. By Representatives Bowman of the 103rd, Evans of the 99th, Banks of the 104th, and Pinkston of the 100th:
A bill to amend an Act placing the Sheriff of Twiggs County on an annual salary so as to change the provisions relating to the com pensation 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 49, nays 0.

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

HB 524. By Representatives Hutchinson of the 133rd, Hatcher of the 131st, McCollum of the 134th and White of the 132nd:
A bill to amend an Act creating a Board of Commissioners of Dougherty County so as to change the method of electing the chairman of the said 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 49, nays 0.

THURSDAY, FEBRUARY 20, 1975

681

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

HB 535. By Representatives Lane of the 81st and Nessmith of the 82nd:
A bill to amend an Act to abolish the present mode of compensating the coroner of Screven County, known as the fee system, so as to change the salary 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 49, nays 0.

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

HB 537. By Representatives Sizemore of the 136th and Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Turner County on an annual salary in lieu of the fee system so as to change the provisions relating to 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 49, nays 0.

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

HB 545. By Representatives Patten and Carter of the 146th:
A bill to provide for the appointment of the Berrien County School Superintendent.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 547. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to amend an Act creating a Board of Commissioners of Roads

682

JOURNAL OF THE SENATE,

and Revenues of Lowndes County so as to provide for a county man ager.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 548. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to amend an Act creating the State Court of Lowndes County, (formerly City Court of Valdosta), so as to change the compensation of the judge and solicitor of the court; to provide for secretarial assitance for the solicitor.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 552. By Representative Cox of the 141st: A bill to provide a new Charter for the City of Attapulgus.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 553. By Representative Cox of the 141st: A bill to provide a new Charter for the City of Climax.

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

On the passage of the bill, the ayes were 49, nays 0.

THURSDAY, FEBRUARY 20, 1975

683

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

HB 554. By Representative Cox of the 141st:
A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County and \reaung in lieu thereof the office of Tax Commissioner of Decatur 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 49, nays 0.

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

HB 555. By Representative Cox of the 141st:
A bill to amend an Act creating the Civil and Criminal Court of Decatur County (formerly the City Court of Bainbridge) so as to change the compensation of the judge and 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 49, nays 0.

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

HB 556. By Representatives Buck of the 95th, Parrish of the 97th and Berry of the 94th:
A bill to authorize the Consolidated Government of Columbus, Ga. to purchase, construct and establish certain drainage projects and im provements and to acquire by eminent domain, purchase, gift or other transaction, such easements and rights of way necessary or useful in such projects or improvements.

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

On the passage of the bill, the ayes were 49, nays 0.

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

684

JOURNAL OF THE SENATE,

HB 557. By Representative Sweat of the 150th:
A bill to amend an Act placing the Sheriff of Atkinson 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 49, nays 0.

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

HB 559. By Representatives Smith of the 78th _ind Adams of the 79th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike 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 49, nays 0.

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

HB 560. By Representatives Smith of the 78th and Adams of the 79th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike 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 49, nays 0.

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

HB 566. By Representative Edwards of the 110th:
A bill to change the number of members of the County Board of Education of Taylor County.

THURSDAY, FEBRUARY 20, 1975

685

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 576. By Representative Howell of the 140th: A bill to provide a new Charter for the City of Colquitt, Ga.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 577. By Representative Howell of the 140th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Miller County; to provide for an annual salary for said 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 49, nays 0.

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

HB 578. By Representative Howell of the 140th:
A bill to amend an Act creating the board of commissioners of Miller County so as to remove the Judge of the Probate Court as a member and 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 were 49, nays 0.

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

6S6

JOURNAL OF THE SENATE,

HK 127. By Representatives Culpepper of the 98th and Waddle of the 113th:

A RESOLUTION

Proposing an amendment to the Constitution so as to increase the dulinr amount of civil oases over which the Justices of the Peace of Peach County shall have jurisdiction; 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, Paragraph II of the Constitution is hereby amended by providing at the end thereof the following paragraph:

"Provided, however, that in Peach County the Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu an : in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed five hundred dollars, and shall sit monthly at fixed times and place;-- but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulations as may be prescribed by law."

Section 2, The above proposed amendment to the Constitution shall be published and submitted as provided in Article XI11, 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:

"( ) YKS S'f.r.ll r,h<; Constitution be amended so as to increase the dcViar amount of civil cases over which the
( ) NO Justices of the Peace in Peach County shall have jurisdiction from two hundred dollars to five hundred dollars?"

All person? desiring to vote in favor of ratifying the proposed amendment shall vote "Yes"'. All persons desiring to vote against ratify'ng the proposed amendment shall vote "No".

If svich amendment shall be ratified as provided in sa.id Paragrapli o' the Constitution, it shall become a pavt of the Constitution of this State.

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

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

THURSDAY, FEBRUARY 20, 1975

687

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Bell Duncan

Gillis Holley

McDuffie Tysinger

On the adoption of the resolution, the yeas were 50, nays 0.

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

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

Ballard Banks Barker Barnes Bell Bond
Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher
Foster

Garrard Hamilton of 26th Hill Holloway Howard Hudgins
Hudson Kennedy
Kidd
Langford
Lester Lewis McDowell
McGill
Overby Pearce

Riley Robinson Russell Shapard Starr Stephens Summers
Sutton Tate
Thompson
Timmons Traylor
Turner Tysinger
Warren Young

688

JOURNAL OF THE SENATE,

Those not answering were Senators:

Broun of 46th Gillis Hamilton of 34th

Holley McDuffie

Reynolds Stumbaugh

Senator Kidd of the 25th introduced as Chaplain, the Reverend Norman Williams, pastor, Marshall Memorial Baptist Church, Eatonton, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 87. By Senator Duncan of the 30th: A resolution commending Coach Roger Kaiser.

The following resolutions of the Senate, favorably reported by the committees, were read and put upon their adoption:

SR 62. By Senator Holloway of the 12th:
A resolution relative to the utilization of the Garden Room of Georgia Plaza Park.

SR 76. By Senators McGill of the 24th, Turner of the 8th, Timmons of the llth and others:
A resolution encouraging continuation of responsible programs for the eradication of fire ants.

The following resolutions of the Senate and House were read and adopted:
SR 88. By Senators Lewis of the 21st and Gillis of the 20th: A resolution congratulating the First Baptist Church of Swainsboro, Georgia.

SR 92. By Senator Banks of the 17th: A resolution expressing regrets at the passing of Mr. Alien Kay O'Neal.

SR 93. By Senators Dean of the 31st, Duncan of the 30th and Doss of the 52nd:
A resolution designating Georgia Spinal Health Day.

THURSDAY, FEBRUARY 20, 1975

689

SR 95. By Senators Banks of the 17th, Shapard of the 28th and Hill of the 29th:
A resolution recognizing and commending Gordon Junior College, its faculty and staff.

HR 177. By Representative Colwell of the 4th: A resolution commending Mr. James Robin Rogers.

HR 178. By Representative Colwell of the 4th: A resolution commending Mr. Phillip Raymond Kelley.

HR 179. By Representative Colwell of the 4th: A resolution commending Mr. James Kelley Williams.

SENATE CALENDAR
Thursday, February 20, 1975
SB 54 Masseur or Masseuse--unlawful to massage opposite sex (SUB) SB 75 Teachers' Retirement--disability retirement (AM) SB 92 Consumers' Rate Counsel--Government appoint in utility rate cases SB 138 Consumer's Utility Counsel--create office SB 230 Retail Liquor Store--inside service door SB 232 Alcoholic Beverages--advertising by licensed retailers SB 246 Real Estate Brokers--certain solicitation unlawful SB 250 Rapid Transit Authority--authorize work on State highways HB 17 Motor Vehicle Insurance--minimum coverage (SUB) HB 131 Banks and Banking--redefine certain terms PLACED ON CALENDAR FOR PURPOSE OF DISAGREEING TO THE RE PORT OF THE COMMITTEE: SB 192 Coastal Marshlands Protection Act--change certain definition

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

SB 54. By Senator Barker of the 18th:
A bill to provide that it shall be unlawful for any masseur or masseuse to massage any person of the opposite sex; to provide that it shall be

690

JOURNAL OF THE SENATE,

unlawful for any person engaged in the massage business to allow any masseur or masseuse in his employment to massage any person of the opposite sex upon those premises upon which such business shall be conducted.

The Committee on Human Resources offered the following substitute:
A BILL
To be entitled an Act to provide that it shall be unlawful for any masseur or masseuse to massage any person of the opposite sex; to provide that it shall be unlawful for any person engaged in the massage business to allow any masseur or masseuse in his employment to massage any person of the opposite sex upon those premises upon which such business shall be conducted; to provide certain exceptions; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. It shall be unlawful for any masseur or masseuse to massage any person of the opposite sex; provided, that the provisions of this Section shall not apply to hospitals or to the practice of massage conducted for or offered as a service to registered guests at a hotel or motel which maintains fifty or more rooms as accommodations for guests, when such practice of massage is conducted under the super vision of the management of the said hotel or motel.
Section 2. It shall be unlawful for any person engaged in the massage business to allow any masseur or masseuse in his employment or under his control to massage any person of the opposite sex in viola tion of the provisions of Section 1 of this Act.
Section 3. Any person, firm or corporation violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
Section 4. Nothing contained within this Act shall be deemed nor construed to apply to any person duly licensed by the State as a member of the medical profession including chiropractors, nurses, practical nurses, physical therapists and any person employed as a health aide and under the professional supervision of one of the fore going.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the com mittee substitute to SB 54 was adopted.

THURSDAY, FEBRUARY 20, 1975

691

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Dean of 6th Duncan Eldridge

Fincher Foster Garrard Hamilton of 26th Hamilton of 34th Holley Hudgins Kennedy
Langford Lester Lewis McDowell McGill

Overby Pearce Reynolds Riley Robinson Stumbaugh Summers Tate Thompson Traylor Tysinger Warren

Those voting in the negative were Senators:

Dean of 31st Doss Holloway McDuffie

Russell Shapard Stephens

Sutton Turner Young

Those not voting were Senators:

Carter Gillis Hill

Howard Hudson Kidd

Starr Timmons

On the passage of the bill, the yeas were 38, nays 10.

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

SB 75. By Senator Bell of the 5th:
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 change the provisions relative to disability retirement.

Senator Coverdell of the 40th moved that SB 75 be postponed until 11:20 o'clock A.M.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 75 was postponed until 11:20 o'clock A. M.

Senator Pearce of the 16th moved that the following bill of the Senate be committed to the Committee on Consumer Affairs:

SB 92. By Senators Pearce of the 16th and Hudgins of the 15th:
A bill to authorize the Governor of Georgia to appoint an attorneyat-law to serve as Consumers' Rate Counsel in pending utility rate cases; to define the duties of Consumers' Rate Counsel; to provide for remuneration; to provide an effective date.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 92 was committed to the Committee on Consumer Affairs.

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 138. By Senator Starr of the 44th:
A bill to amend Code Title 93, relating to the Georgia Public Service Commission, so as to create the Office of Consumers' Utility Counsel; to provide for the appointment, compensation, expenses, qualifications, term, duties and powers of the Consumers' Utility Counsel.

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 voting1 in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kidd Langford Lester Lewis

McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers

THURSDAY, FEBRUARY 20, 1975

693

Button Thompson Timmons

Traylor Turner Tysinger

Warren Young

Voting in the negative were Senators Banks and Kennedy.

Those not voting were Senators:

Duncan Fincher

Hudgins

Tate

On the passage of the bill, the yeas were 50, nays 2.

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

SB 230. By Senators Dean of the 6th and Kidd of the 25th:
A bill to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; approved Feb. 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to authorize an inside service door between a retail liquor store and another business establisment under certain circumstances.

Senator Kidd of the 25th offered the following amendment:
Amend SB 230 by striking from Section 1, beginning on line 21 of Page 1, the following:
"a small business establishment or".
By striking in its entirety Section 2, beginning on line 27 of Page 2, and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. It is the express intent of the legislature and is hereby declared that if a retail liquor store is operated immediately adjacent to an establishment which sells alcoholic beverages for consumption on the premises as provided in Section 1 with an inside connecting service door, such retail liquor store shall remain a distinct and separate business entity. The retail liquor store is hereby further declared to be a separate premise from the estab lishment which sells alcoholic beverag'es for consumption on the premises, and the consumption of alcoholic beverages on the prem ises of such establishment shall in no way be considered actions occurring on the premises of the retail liquor store. The legislature recognizes a high degree of risk involved when a person operating two small businesses at the same time has to proceed from one business to another through outside entrances, and the passage of Uiis Act is designed to eliminate this risk of criminal attacks."

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On the adoption of the amendment, the yeas were 37, nays 4, 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Doss Eldridge Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Brown of 47th Dean of 31st

Hudson

Summers

Those not voting were Senators:

Duncan Fincher

Holloway Hudgins

Reynolds

On the passage of the bill, the yeas were 47, nays 4.

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

SB 232. 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", approved Feb. 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to change the provisions relating to advertising by licensed retailers.

THURSDAY, FEBRUARY 20, 1975

695

Senator Sutton of the 9th offered the following amendment:

Amend SB 232 by adding a new subsection (g) of Section 1 to read as follows:

"(g) Provided the provisions of this Act shall not supersede any county or municipal ordinances controlling signs of any nature."

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Dean of 6th Eldridge Garrard Gillis

Hamilton of 26th Holley Hudgins Kennedy Kidd Lester Lewis McDowell McDuffie

Those voting in the negative were Senators :

Ballard Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan

Fincher
Foster Hill Howard Hudson Langford McGill Overby

Those not voting were Senators:

Hamilton of 34th Holloway

Pearce

Riley Robinson Russell Shapard Starr Stephens Sutton Traylor Turner
Reynolds Stumbaugh Summers Tate Thompson Tysinger Warren Young
Timmons

On the passage of the bill, the yeas were 27, nays 25.

The bill, having failed to receive the requisite constitutional majority, was lost.

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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 SB 232.

The following bill of the Senate, having been read the third time and post poned until 11:20 o'clock A. M. was upon its passage:

SB 75. By Senator Bell of the 5th:
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 change the provisions relative to disability retirement.

The following fiscal note, as required by law, was read by the Secretary:

TEACHERS RETIREMENT SYSTEM State of Georgia
Atlanta, Georgia 30334

January 23, 1975

MEMORANDUM

TO:

Honorable Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia

SUBJECT: Senate Bill 75

This bill would allow disabled members of the Teachers Retirement System to apply for disability retirement if they had at least eight (8) years of creditable service. (The present law requires ten (10) years of creditable service.)

We estimate that this bill could be financed by increasing the em ployer contributions rate by .035%. This would increase the employer contributions rate from the present 8.77% to 8.805% of payroll. The approximate cost to the State to fund the provisions of this bill for Fiscal Year 1976 is estimated to be $213,500 based upon the State salary expected for that year.

The Committee on Retirement offered the following amendment:
Amend SB 75 by inserting in the title on Page 1, line 5, between the word and semicolon, "retirement;" and the word, "to" the following:
"to provide how this Act shall become effective;"
and
By redesignating Section 2 as Section 3 and adding a new Section 2 to read as follows:

THURSDAY, FEBRUARY 20, 1975

697

"Section 2. This Act shall become effective when funds are appropriated by the General Assembly to carry out the provisions of this Act."

On the adoption of the amendment, the yeas were 38, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators: Fincher, Holloway and Starr.

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

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

SB 246. By Senator Warren of the 43rd:
A bill to amend an Act making certain practices of real estate brokers unlawful, approved March 24, 1970 (Ga. Laws 1970, p. 721), so as to provide that certain solicitation activities of real estate brokers, real estate salesmen or their agents shall be unlawful; to provide penalties.

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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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators:

Fincher Hill

Robinson

Pearce Reynolds Riley Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Starr

On the passage of the bill, the yeas were 52, nays 0.

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

SB 250. By Senator Reynolds of the 48th:
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. Laws 1973, p. 947), as amended, so as to provide that the Dept. of Transportation may contract to allow rapid transit authorities created by the General Assembly to plan, design and construct certain portions of the State Highway 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:

THURSDAY, FEBRUARY 20, 1975

699

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Dean of 31st Duncan

Hill Hudson

Starr Thompson

On the passage of the bill, the yeas were 49, nays 0.

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

HB 17. By Representatives Ware of the 68th, Greer of the 43rd and Castleberry of the lllth:
Senate Sponsor: Senator Broun of the 46th.
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide for additional definitions; to change certain definitions; to change the provisions relating to minimum insurance coverage for motor vehicles; to change the provisions relating to survivors' benefits.

The Committee on Banking, Finance and Insurance offered the following substitute to HB 17:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", approved February 28, 1974 (Ga. Laws 1974, p. 113), so as to provide for additional definitions; to change certain definitions; to change the provisions relating to minimum in surance coverage for motor vehicles; to change the provisions relating to survivors' benefits; to change the provisions relating to optional

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coverages; to change the provisions relating to the acceptance or rejection of optional coverages and the offering of certain optional coverages upon renewals of policies; to change the provisions relating to persons who are not entitled to benefits and to provide that certain additional persons shall not be entitled to benefits; 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 known as the "Georgia Motor Vehicle Accident Reparations Act", approved February 28, 1974 (Ga. Laws 1974, p. 113), is hereby amended by striking subsection (h) of Section 2 in its entirety and inserting in lieu thereof a new subsection (h) to read as follows:

"(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 maintaining motor vehicles unless the conduct occurs off the business premises or involves the actual operation of a motor vehicle as a vehicle on business premises, or

(ii) conduct in the course of loading and unloading the vehicle unless the conduct occurs while occupying it."

Section 2. Said Act is further amended by striking subsection (d) of Section 2 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:

"(d) The term 'disability' shall mean any period of time commencing within twenty four (24) months from the date on which the motor vehicle accident occurred during which an insured is unable to either:

(1) Perform substantially all of the duties required by his usual occupation; or

(2) Engage in his principal activity if such person is not employed on at least a full-time basis."

and by adding at the end of Section 2 a new subsection to be designated subsection (m) to read as follows:

"(m) The term 'funeral services and burial expenses' shall mean any reasonable and necessary expenses normally incurred by the survivors of a deceased person or by the estate of such person for funeral services, preparation for burial, and burial of a deceased person including but not limited to payments for any lands, services, supplies and equipment incidental to such funeral services, prepara
tion for burial, and burial."

THURSDAY, FEBRUARY 20, 1975

701

Section 3. Said Act is further amended by striking the short title of Section 3 in its entirety and inserting in lieu thereof a new short title to read as follows:

"Minimum insurance coverage; motor vehicles",

and by striking paragraph (4) of subsection (b) of Section 3 in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows:

"(4) funeral services and burial expenses not to exceed fifteen hundred dollars ($1,500) per person.",

and by striking from subsection (b) the following:

"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 tbe deceased were alive but totally disabled, such pay ment 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.",

and inserting in lieu thereof the following:

"In the event of the death of the injured person, survived by a spouse or dependent child or children, compensation under para graphs 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. Survivors benefits shall be payable until exhausted, at least monthly."

so that when so amended, Section 3 shall read as follows:
"Section 3. Minimum insurance coverage: motor vehicles. No owner of a motor vehicle 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 insurance 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 lia bility 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:

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(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, au thorized, approved or rendered by an attending physician, including any person licensed to practice a healing art and any remedial treat ment 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 ordi nary and necessary services from others, excluding members of the injured person'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 benefit of his or her household; and

(4) funeral services and burial expenses 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 para graphs 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. Survivor's benefits shall be payable until exhausted, at least monthly, and shall continue during dependency of surviving children until all such children reach the age of 21 years. In the event of no surviving dependent children or upon termination of dependency or upon all such children reaching the age of 21 years, benefits shall continue to be payable until exhausted to surviving spouse, if any, during his or her life time except that upon remarriage of such spouse with no dependents eligible for benefits, all benefits shall terminate.

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 purchased 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 4. Said Act is further amended by striking subsection (a) of Section 4 in its entirety and inserting in lieu thereof a new subsection (a) of Section 4 to read as follows:

THURSDAY, FEBRUARY 20, 1975

703

"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 without regard to fault of five thousand dollars ($5,000) per person, by written consent of the policyholder. Benefits pur chased in excess of five thousand dollars ($5,000) shall be paid as determined by the insured without apportionment to cover any of the following expenses incurred by the insured but not compensated for under Section 3 (b) of the Act:

(i) Any expenses of the type described in Section 3 (b) (1) ;

(ii) Eighty-five (85%) percent of the loss of income or earn ings during disability;

(iii) Expenses of the type described in Section 3 (b) (3) not to exceed $20.00 per day; and

(iv) Funeral services and burial expenses not to exceed two thousand dollars ($2,000) per person; and

In the event of the death of the injured person, survived by a spouse or dependent child or children, compensation under para graphs 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. Survivors benefits shall be payable until exhausted, at least monthly and shall continue during dependency of surviving children until all such children reach the age of 21 years. In the event of no surviving dependent children or upon termination of dependency or upon all such children reaching the age of 21 years, benefits shall continue to be payable until exhausted to surviving spouse, if any, during his or her life time except that upon remarriage of such spouse with no dependents eligible for benefits, all benefits shall terminate.
(2) compensation, without regard to fault, for damage to the insured 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."
Section 5. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:

"Section 8. Persons not entitled to benefits. Basic no-fault

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benefits shall not be payable to or on behalf of any person who sustains accidental bodily injury:
(a) while voluntarily occupying a motor vehicle known by him to be stolen;
(b) while occupying a motor vehicle owned by such person which is not insured for the benefits required by this Act;

(c) due to war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing;
(d) resulting from the explosion of any nuclear device."

Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Barnes of the 33rd offered the following amendment to the committee substitute:
Amend the committee substitute to HB 17 by striking on Page 5, line 15, the following ", and" and inserting a period.
And by striking on Page 5, lines 16 through 25 in their entirety.

On the adoption of the amendment, the yeas were 34, nays 10, and the amend ment to the committee substitute was adopted.

Senator Barnes of the 33rd offered the following amendment to the commit tee substitute:
Amend the committee substitute to HB 17 by striking on Page 7, line 12 the following ", at least monthly, and"
And by striking lines 13 through 22, Page 7, in their entirety.

On the adoption of the amendment, the yeas were 35, nays 8, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the years 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.

THURSDAY, FEBRUARY 20, 1975

705

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:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Ballard

Overby

Those not voting were Senators: Duncan and Hill.

On the passage of the bill, the yeas were 52, nays 2.

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

Senator Lester of the 23rd introduced as Doctor of the Day, Dr. John C. Mitchell of Augusta, Georgia.

The President announced the Senate would stand in recess from 12:15 o'clock P.M. until 1:45 o'clock P.M.

The President called the Senate to order at 1:45 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:

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JOURNAL OF THE SENATE,

HB 131. By Reps. Greer of the 43rd, Gignilliat of the 122nd, Cole of the 6th and others: Senate Sponsor: Senate Holley of the 22nd.
A bill to amend Code Chapter 13-2, relating to preliminary provisions relative to banks and banking so as to define and redefine certain terms; to authorize the Commissioner of the Department of Banking and Fi nance to regulate the acquisition and control of stocks in banks and bank holding companies by bank holding companies.

Senator Ballard of the 45th offered the following amendment:
Amend HB 131 by adding on line 16, Page 1 after the word, "banks;" the following:
"To provide for remedies and penalties for violations of certain sections hereof;"
And by adding to Section 3, three new paragraphs to be designated as paragraphs (e), (f), and (g) to read as follows:
"(e) The commissioner shall not grant any such contemplated approval until:
1. All stockholders of said bank, holding company or subsidiary have been given sixty (60) days notice of intent to purchase such shares in said bank, holding company, or subsidiary. Said notice shall be by registered mail to each registered stockholder.
2. All stockholders shall be offered a price for their shares equal to the highest price offered or paid for any share thereof.
3. Never shall the price paid be less than the highest price the initial shares sold for or any previous shares sold for on any oc casion after February 1, 1975.
4. There shall be attached to the application for approval, sworn affidavits by the chairman of the board of the holding company, the president of the holding company, and from all persons holding initial stock, being purchased, at anytime after February 1, 1975.
5. Affidavits shall state that the price set forth therein as offered to shareholders, as set forth in subsections 1, 2, 3 above, is the actual highest price said stock sold for or was paid for as set out. In addition the affidavit shall state that there have been no other benefits to initial sellers or other predecessor holding said shares in any form whatsoever, nor are there any other benefits to accrue to any party as a result of said purchases.
(f) After approval of said acquisition, merger, or consolidation, should it be found that there were violations of Section 3 (e), then

THURSDAY, FEBRUARY 20, 1975

707

the commissioner shall rescind said approval and require the divest ing of all stock in said bank by the holding company.

(g) Any person giving false affidavit hereunder as set forth in Section 3 (e), Section 4, and Section 5 shall be guilty of a felony and upon conviction thereof, shall be punished by imprisonment in the penitentary for not less than one nor more than five years, or a fine of $10,000, or both."

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 Brown of 47th Carter Dean of 6th Doss Duncan Foster

Hamilton of 26th Kennedy McGill Overby Reynolds Robinson Russell

Shapard Summers Sutton Timmons Turner Warren Young

Those voting in the negative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Coverdell Dean of 31st Eldridge Fincher Garrard

Gillis Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kidd Langford Lester Lewis

McDowell McDuffie Pearce Riley Starr Stephens Stumbaugh Tate Thompson Traylor Tysinger

All Senators were voting.

On the adoption of the amendment, the yeas were 21, nays 35, 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:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Banks Bell Bond Brantley Broun of 46th Coverdell Eldridge Fincher Garrard

Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kidd Langford Lester

McDowell McDuffie Pearce Robinson Starr Stephens Stumbaugh Tysinger Warren

Those voting in the negative were Senators:

Ballard Barker Barnes Brown of 47th Carter Dean of 6th Dean of 31st Doss Duncan Foster

Gillis Hamilton Hill Kennedy Lewis McGill Overby Reynolds Rrley Russell

Shapard Summers Sutton Tate Thompson Timmons Traylor Turner Young

All Senators were voting.

On the passage of the bill, the yeas were 27, nays 29.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Holloway of the 12th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 131.

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 354. By Representatives Johnson of the 72nd, Knight of the 67th, Tucker of the 73rd and Bray of the 70th: A bill to amend Code Chapter 67-13, relating to conveyances to secure debt, so as to provide for certain limitations relative to deeds to secure debt on real property.

THURSDAY, FEBRUARY 20, 1975

709

HB 383. By Representative Childers of the 15th:
A bill to amend an Act providing for homestead exemption for certain taxation so as to eliminate the application fee for homestead exemptions in certain counties.

HB 166. By Representative Rush of the 121st:
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.

Senator Robinson of the 27th moved that the following bill of the Senate be postponed until February 21:

SB 79. By Senators Robinson of the 27th, Howard of the 42nd, Coverdell of the 40th and others:
A bill to be known as the "Georgia Financial Disclosure Act of 1975"; to provide for a short title; to provide for a declaration of policy; to provide for definitions; to create a State Ethics Commission; to provide for the composition and appointment of members and their terms of office, powers, duties, compensation, expenses and qualifications.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 79 was postponed until February 21.

Senator McDowell of the 2nd moved that action on disagreeing with the report of the committee on the following bill of the Senate be postponed until February 21:
SB 192. By Senators McDowell of the 2nd and Riley of the 1st: A bill to amend the "Coastal Marshlands Protection Act of 1970", ap proved Mar. 21, 1970, (Ga. Laws 1970, p. 939), as amended, so as to change certain definitions.
On the motion, the yeas were 34, nays 0; the motion prevailed, and action on SB 192 was postponed until February 21.
The following bills of the House were read the first time and referred to committees:
HB 166. By Rep. Rush of the 121st: 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.
Referred to Committee on Offender Rehabilitation.

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JOURNAL OP THE SENATE,

HB 383. By Rep. Childers of the 15th:
A bill to amend an Act providing for homestead exemption for certain taxation so as to eliminate the application fee for homestead exemptions in certain counties. Referred to Committee on Banking, Finance and Insurance.

HB 354. By Reps. Johnson of the 72nd, Knight of the 67th, Tucker of the 73rd and Bray of the 70th:
A bill to amend Code Chapter 67-13, relating to conveyances to secure debt, so as to provide for certain limitations relative to deeds to secure debt on real property. Referred to Committee on Judiciary.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow at 4:10 o'clock P.M.

FRIDAY, FEBRUARY 21, 1975

711

Senate Chamber, Atlanta, Georgia Friday, February 21, 1975.

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

Senator Young of the 13th reported that the journal of yesterday's pro ceedings had been read and found correct.

Senator Holloway of the 12th moved that the Senate reconsider. its action of February 20 in defeating the following bill of the House:

HB 131. By Representatives Greer of the 43rd, Gignilliat of the 122nd, Cole of the 6th and others:
A bill to amend Code Chapter 13-2, relating to preliminary provisions relative to banks and banking so as to define and redefine certain terms; to authorize the Commissioner of the Department of Banking and Finance to regulate the acquisition and control of stocks in banks and bank holding companies by bank holding companies.

On the motion to reconsider, Senator Gillis of the 20th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Coverdell Eldridge Fincher
Garrard

Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kidd
Langford Lester

McDowell McDuffie Pearce Russell Starr Stephens Stumbaugh Traylor
Tysinger Warren

Those voting in the negative were Senators:

Ballard Brown of 47th Carter Dean of 31st Doss Duncan
Foster Gillis

Hamilton of 26th Kennedy Lewis McGill Overby Reynolds
Riley Shapard

Summers Sutton Tate Thompson Timmons Turner
Young

Those not voting were Senators: Dean of the 6th and Robinson.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 31, nays 23; the motion prevailed, and HB 131 was placed on the Senate Calendar.

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

Senator Holloway of the 12th moved that the following bill of the House be committed to the Committee on Banking, Finance and Insurance:

HB 131. By Representatives Greer of the 43rd, G.ignilliat of the 122nd, Cole of the 6th and others:
A bill to amend Code Chapter 13-2, relating to preliminary provisions relative to banks and banking so as to define and redefine certain terms; to authorize the Commissioner of the Department of Banking and Finance to regulate the acquisition and control of stocks in banks and bank holding companies by bank holding companies.

On the motion, the yeas were 48, nays 4; the motion prevailed, and HB 131 was committeed to the Committee on Banking, Finance and Insurance.

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 534. By Representatives Glanton and Parkman of the 66th:
A bill to provide a new Charter for the City of Villa Rica in the counties of Carroll and Douglas.

HB 744. By Representative Hudson of the 137th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin so as to change the salary of the clerk; to provide for the employment of secretarial and clerical office employees.

HB 745. By Representative Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system so as to change the maximum compensation of the sheriff's deputy.

FRIDAY, FEBRUARY 21, 1975

713

HB 749. By Representative Smith of the 78th:
A bill to amend an Act creating a new Charter for the City of Barnesville so as to change and update existing city ward boundardies.

HB 751. By Representative Smith of the 78th:
A bill to amend an Act creating a new Charter for the City of Zebulon so as to change the date of the regular city election for said city.

HB 753. By Representative Irwin of the 130th:
A bill to amend an Act placing the Sheriff of Randolph County on an annual salary in lieu of the fee system of compensation so as to change the maximum amount for automobile and travel expenses for both the sheriff and the deputy.
HB 755. By Representatives Harden of the 154th and Leggett of the 153rd:
A bill to amend an Act placing the Sheriff of Glynn County upon an annual salary so as to change the provisions relating to personnel with the sheriff's office.

HB 756. By Representative Howell of the 140th: A bill to provide a new Charter for the City of Jakin in the County of Early.
HB 774. By Representatives Davis of the 56th, Childs of the 51st, Noble of the 48th and others: A bill to provide that in all counties of this State having a population of not less than 400,000 and not more than 600,000, 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.
HB 775. By Representatives Carr of the 105th and Karrh of the 106th: A bill to amend an Act placing the Tax Collector of Johnson County on an annual salary in lieu of the fee system of compensation so as to change the annual salary of the tax collector.
HB 776. By Representatives Carr of the 105th and Karrh of the 106th: A bill to amend an Act placing the Sheriff of Johnson County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff's deputy.
HB 788. By Representatives Wood, Whitmire and Jackson of the 9th: A Bill to create the Forsyth County Water and Sewerage Authority.

714

JOURNAL OF THE SENATE,

HB 790. By Representative Ross of the 76th:
A bill to amend an Act revising, consolidating and superseding the Acts incorporating the Town of Norwood in the County of Warren and providing a new charter for said town so as to change the provisions relative to the compensation of the mayor and councilmen.

HB 122. By Representatives Cole and Foster of the 6th:
A bill to amend the Georgia Private Detective and Private Security Agencies Act so as to exempt from the provisions of said Act private security activities of employers and employees which take place upon the premises of the employer and occur in connection with the affairs of the employer only.

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

HR 7. By Representative Shanahan of the 7th: A resolution compensating Mr. Paul Roach.

HR 11. By Representatives Hudson of the 137th and Irwin of the 130th: A resolution compensating the Williams Brothers Grocery Company.

HR 20. By Representative Davis of the 56th: A resolution compensating Mr. J. Fred Holland.

HR 52. By Representative McKinney of the 35th: A resolution compensating Mr. Alfred L. Knox.

HR 54. By Representative Larsen of the 27th: A resolution compensating Mr. and Mrs. Gerald F. Thrift.

HR 55. By Representative Larsen of the 27th: A resolution compensating Mr. James H. Bohannon.

HR 61. By Representative Kreeger of the 21st: A resolution compensating Mr. Roy M. Lingefelt.

HR 91. By Representative Vaughn of the 57th: A resolution compensating Mr. William H. Sheperd.

FRIDAY, FEBRUARY 21, 1975

715

HR 111. By Representative Logan of the 62nd: A resolution compensating Mr. David Ledet.

HR 120. By Representative Childs of the 51st: A resolution compensating Mr. Carl Perrin.

HR 8. By Representative Oxford of the 116th:
A resolution proposing an amendment to the Constitution so as to authorize any county, municipality or subdivision to invest sinking funds held by it to pay off bonded indebtedness in accounts and certificates fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

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

HR 212. By Representatives Keyton of the 143rd and Long of the 142nd:
A resolution commending the Thomasville High School "Bulldog" Foot ball Team.

HR 222. By Representatives Harden of the 154th, Leggett of the 153rd, Nessmith of the 82nd and others:
A resolution relative to the relocation of the Consolidated Federal Law Enforcement Training Center.

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

HB 27. By Representatives Mullinax of the 69th, Adams of the 14th, Knight of the 67th and Ware of the 68th:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication so as to change the date on which the pro visions of said Act become effective.
HB 245. By Representative Ham of the 80th:
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation, so as to change the method of condemning private property and interest therein for public road purposes by the Department of Transportation.
HB 250. By Representatives Larsen of the 27th, Elliott of the 49th, Burton of the 47th and others:
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal

716

JOURNAL OF THE SENATE,

provisions, so as to prohibit the smoking of tobacco in any form in certain public places.

HB 353. By Representative Cole of the 6th:
A bill to amend Code Section 95A-306 relating to the State Transporta tion Board so as to provide that the great seal of the State shall be affixed to the commissions of the members of said Board.

HB 455. By Representatives Waddle of the 113th, Walker of the 115th, Watson of the 114th and others:
A bill to amend Code Chapter 23-3, relating to changes of county lines, so as to provide for a copy of the survey and plat evidencing a change in county lines to be filed with the Secretary of State.

HB 337. By Representatives Bolster of the 30th, Noble of the 48th, Foster of the 152nd and others:
A bill to amend an Act approved April 21, 1967, which provided grants to certain municipalities for specified purposes, so as to require certain additional grants under certain circumstances to every municipality with population over 300,000.

HB 696. By Representatives Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and others:
A bill to amend an Act relating to the State Board of Corrections so as to provide that the State Board of Corrections shall be authorized to pay counties maintaining and operating correctional institutions in which state prisoners are assigned money, appropriated by the General As sembly for this purpose, for each state prisoner assigned to the county correctional institution.

HB 697. By Representatives Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and others:
A bill to amend an Act authorizing the Director of the Department of Corrections to allow inmates of State penal institutions to take special leave for the purpose of participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public, so as to provide that the Director of Cor rections may delegate the authority to any warden or superintendent of any penal institution in which inmates committed to the custody of the Director of Corrections have been assigned to issue limited pass privi leges to certain inmates without prior written approval of the Director.
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate, to-wit:

FRIDAY, FEBRUARY 21, 1975

717

SB 57. By Senator Duncan of the 30th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change the provisions relative to funds to pay the expenses of pupil transportation; to provide that funds shall be paid to independent school systems only when the local boards of such systems request such funds.

SB 36. By Senator Riley of the 1st:
A bill to amend Section 89-811 of the Code of Georgia relating to the designation of solvent banks as depositories of all county monies and monies belonging to the school funds of the counties and of school districts therein.

SB 70. By Senators Bell of the 5th, Lester of the 23rd, Thompson of the 32nd and others:
A bill to prohibit municipal or county governments from requiring ap plicants 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 non residents and to provide for the construction of this Act in connection therewith.

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

SB 309. By Senator Barker of the 18th:
A bill to amend Code Section 26-2906, relating to criminal sanctions for selling, manufacturing, purchasing or possessing a machine gun, so as to provide that said Code Section shall not apply to any person who has registered his machine gun in accordance with the dictates of the Na tional Firearms Act. Referred to Committee on Judiciary.

SB 310. By Senator McGill of the 24th:
A bill to reincorporate the City of Crawfordville in the County of Taliaferro; to create a new charter for said City; to provide for corporate limits; to provide for the government of said City; to provide for the officials thereof and their selection, oath, powers and duties. Referred to Committee on County and Urban Affairs.

SB 311. By Senator Traylor of the 3rd:
A bill to amend an Act completely and exhaustively revising the laws relating to game and fish, as amended, so as to change the law relative to commercial fishing licenses; to provide for an effective date. Referred to Committee on Natural Resources and Environmental Quality.

718

JOURNAL OF THE SENATE,

SB 312. By Senator Dean of the 6th:
A bill to provide for the regulation of locksmiths; to define certain terms; to provide for a Board of Locksmith Registration; to provide for qualifications and examinations of locksmiths; to provide for bonds; to provide for rules and regulations; to prohibit certain conduct and activi ties; to provide penalties.
Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

SB 313. By Senators Kennedy of the 4th, Reynolds of the 48th, Young of the 13th and others:
A bill to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Cor rections and to prisons, public work camps and prisoners, as amended. Referred to Committee on Offender Rehabilitation.

SB 314. By Senator Kidd of the 25th:
A bill to amend Code Section 49-601, relating to for whom guardians may be appointed, as amended, so as to provide for the appointment of guard ians for persons who are senile, alcoholic, drug addicted or physically disabled; to provide for the procedures connected therewith. Referred to Committee on Human Resources.

SB 315. By Senator Kidd of the 25th:
A bill to amend Code Chapter 26-31, relating to reducible felonies -- capital offenses, as amended, so as to require that certain persons con victed of crimes involving the use or threatened use of a dangerous or lethal weapon must be sentenced to a minimum term of imprisonment. Referred to Committee on Judiciary.

SB 316. By Senators Stumbaugh of the 55th, Gillis of the 20th, Howard of the 42nd and others:
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 any felony, as amended, so as to change the punishment for second or sub sequent convictions of violations of this Act.
Referred to Committee on Judiciary.

SB 317. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, as amended, so as to place the tax commissioner on an annual salary in lieu of the fee basis of compensation. Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 21, 1975

719

SR 96. By Senator Reynolds of the 48th:
A resolution proposing an amendment to the Constitution, so as to amplify the areas of regulation of outdoor advertising and junk yards and the acquisition of necessary property interests adjacent to the Federal-Aid Highway System; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Transportation.

SR 97. By Senator Stephens of the 36th:
A resolution proposing an amendment to the Constitution, so as to change the definition of the term "income" with respect to determining the right to the $10,000.00 homestead exemption for certain disabled persons and persons 65 years of age or older of Fulton County, so that the term "income" shall mean adjusted gross income under federal laws.
Referred to Committee on Banking, Finance and Insurance.

SR 98. By Senators Starr of the 44th, Riley of the 1st and Carter of the 14th:
A resolution expressing opposition to the President's proposal relative to the school lunch program. Referred to Committee on Education.

SR 99. By Senator Stumbaugh of the 55th:
A resolution designating the honeybee as the official State insect. Referred to Committee on Rules.

SR 100. By Senators Hudgins of the 15th, Stephens of the 36th, Pearce of the 16th and others:
A resolution relative to the Fox Theater building. Referred to Committee on Rules.

SR 102. By Senator Tate of the 38th:
A resolution proposing an amendment to the Constitution, so as to pro vide for public programs to combat hunger; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Human Resources.

SR 103. By Senator Tate of the 38th:
A resolution proposing an amendment to the Constitution, so as to create the Office of Constitutional Review to perform certain functions relating to technical and legal review and amendment of the Constitu tion; to provide for submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.

720

JOURNAL OF THE SENATE,

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

HB 534. By Representatives Glanton and Parkman of the 66th:
A bill to provide a new Charter for the City of Villa Rica in the counties of Carroll and Douglas. Referred to Committee on County and Urban Affairs.

HB 744. By Representative Hudson of the 137th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin so as to change the salary of the clerk; to provide for the employment of secretarial and clerical office employees. Referred to Committee on County and Urban Affairs.

HB 745. By Representative Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system so as to change the maximum compensation of the sheriff's deputy. Referred to Committee on County and Urban Affairs.

HB 749. By Representative Smith of the 78th:
A bill to amend an Act creating a new Charter for the City of Barnesville so as to change and update existing city ward boundaries. Referred to Committee on County and Urban Affairs.
HB 751. By Representative Smith of the 78th:
- A bill to amend an Act creating a new Charter for the City of Zebulon so as to change the date of the regular city election for said city.
Referred to Committee on County and Urban Affairs.
HB 753. By Representative Irwin of the 130th:
A bill to amend an Act placing the Sheriff of Randolph County on an annualy salary in lieu of the fee system of compensation so as to change the maximum amount for automobile and travel expenses for both the sheriff and the deputy. Referred to Committee on County and Urban Affairs.
HB 755. By Representatives Harden of the 154th and Leggett of the 153rd:
A bill to amend an Act placing the Sheriff of Glynn County upon an annual salary so as to change the provisions relating to personnel with the sheriff's office. Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 21, 1975

721

HB 756. By Representative Howell of the 140th:
A bill to provide a new Charter for the City of Jakin in the County of Early. Referred to Committee on County and Urban Affairs.

HB 774. By Representatives Petro of the 46th, Davis of the 56th, Childs of the 51st and others:
A bill to provide that in all counties of this State having a population of not less than 400,000 and not more than 600,000, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is law fully authorized, such sales for consumption on the premises shall be authorized during certain hours.
Referred to Committee on County and Urban Affairs.

HB 775. By Representatives Carr of the 105th and Karrh of the 106th;
A bill to amend an Act placing the Tax Collector of Johnson County on an annual salary in lieu of the fee system of compensation so as to change the annual salary of the tax collector. Referred to Committee on County and Urban Affairs.

HB 776. By Representatives Carr of the 105th and Karrh of the 106th:
A bill to amend an Act placing the Sheriff of Johnson County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff's deputy. Referred to Committee on County and Urban Affairs.

HB 788. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to create the Forsyth County Water and Sewerage Authority. Referred to Committee on County and Urban Affairs.

HB 790. By Representative Ross of the 76th:
A bill to amend an Act revising, consolidating and superseding the Acts incorporating the Town of Norwood in the County of Warren and pro viding a new charter for said town so as to change the provisions relative to the compensation of the mayor and councilmen. Referred to Committee on County and Urban Affairs.

HB 27. By Messrs. Mullinax of the 69th, Adams of the 14th, Knight of the 67th and Ware of the 68th:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication so as to change the date on which the pro visions of said Act become effective. Referred to Committee on Human Resources.

722

JOURNAL OF THE SENATE,

HB 122. By Messrs. Cole and Foster of the 6th:
A bill to amend the Georgia Private Detective and Private Security Agencies Act so as to exempt from the provisions of said Act private security activities of employers and employees which take place upon the premises of the employer and occur in connection with the affairs of the employer only.
Referred to Committee on Judiciary.

HB 245. By Mr. Ham of the 80th:
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation, so as to change the method of condemn ing private property and interest therein for public road purposes by the Department of Transportation. Referred to Committee on Transportation.

HB 250. By Messrs. Larsen of the 27th, Elliott of the 49th, Burton of the 47th and others:
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, so as to prohibit the smoking of tobacco in any form in certain public places. Referred to Committee on Human Resources.

HB 337. By Messrs. Bolster of the 30th, Noble of the 48th, Foster of the 152nd and others:
A bill to amend an Act approved April 21, 1967, which provided grants to certain municipalities for specified purposes, so as to require certain additional grants under certain circumstances to every municipality with population over 300,000.
Referred to Committee on County and Urban Affairs.

HB 353. By Mr. Cole of the 6th:
A bill to amend Code Section 95A-306 relating to the State Transporta tion Board so as to provide that the great seal of the State shall be affixed to the commissions of the members of said Board. Referred to Committee on Transportation.

HB 455. By Messrs. Waddle of the 113th, Walker of the 115th, Watson of the 114th and others:
A bill to amend Code Chapter 23-3, relating to changes of county lines, so as to provide for a copy of the survey and plat evidencing a change in county lines to be filed with the Secretary of State. Referred to Committee on Judiciary.

FRIDAY, FEBRUARY 21, 1975

723

HB 696. By Representatives Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and others:
A bill to amend an Act relating to the State Board of Corrections so as to provide that the State Board of Corrections shall be authorized to pay counties maintaining and operating correctional institutions in which state prisoners are assigned money, appropriated by the General Assembly for this purpose, for each state prisoner assigned to the county correctional institution.
Referred to Committee on Offender Rehabilitation.

HB 697. By Representatives Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and Taggart of the 125th:
A bill to amend an Act authorizing the Director of the Department of Corrections to allow inmates of State penal institutions to take special leave for the purpose of participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public, so as to provide that the Director of Cor rections may delegate the authority to any warden or superintendent of any penal institution in which inmates committed to the custody of the Director of Corrections have been assigned to issue limited pass privi leges to certain inmates without prior written approval of the Director of Corrections.
Referred to Committee on Offender Rehabilitation.

HR 7. By Mr. Shanahan of the 7th:
A resolution compensating Mr. Paul Roach. Referred to Committee on Appropriations.

HR 11. By Messrs. Hudson of the 137th and Irwin of the 130th:
A resolution compensating the Williams Brothers Grocery Company. Referred to Committee on Appropriations.

HR 20. By Mr. Davis of the 56th:
A resolution compensating Mr. J. Fred Holland. Referred to Committee on Appropriations.

HR 52. By Mr. McKinney of the 35th:
A resolution compensating Mr. Alfred L. Knox. Referred to Committee on Appropriations.

HR 54. By Mr. Larsen of the 27th:
A resolution compensating Mr. and Mrs. Gerald F. Thrift. Referred to Committee on Appropriations.

724

JOURNAL OF THE SENATE,

HR 55. By Mr. Larsen of the 27th:
A resolution compensating Mr. James H. Bohannon. Referred to Committee on Appropriations.

HR 61. By Mr. Kreeger of the 21st:
A resolution compensating Mr. Roy M. Lingefelt. Referred to Committee on Appropriations.

HR 91. Mr. Vaughnof the 57th:
A resolution compensating Mr. William H. Sheperd. Referred to Committee on Appropriations.

HR 111. By Mr. Logan of the 62nd:
A resolution compensating Mr. David Ledet. Referred to Committee on Appropriations.

HR 120. By Mrs. Childs of the 51st:
A resolution compensating Mr. Carl Perrin. Referred to Committee on Appropriations.

HR 8. By Mr. Oxford of the 116th:
A resolution proposing an amendment to the Constitution so as to authorize any county, municipality or subdivision to invest sinking funds held by it to pay off bonded indebtedness in accounts and certificates fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. Referred to Committee on Banking, Finance and Insurance.

HR 222. By Representatives Harden of the 154th, Leggett of the 153rd, Nessmith of the 82nd and others:
A resolution relative to the relocation of the Consolidated Federal Law Enforcement Training Center. Referred to Committee on Rules.

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

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

FRIDAY, FEBRUARY 21, 1975

725

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 278. Do pass.

Respectfully submitted, Hudgins of 15th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources 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 235. Do pass. SB 287. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources 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 268. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.
Senator Overby of the 49th District, Chairman of the Committee of Judi ciary, 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 107. Do pass by substitute.

726

JOURNAL OF THE SENATE,

SB 237. Do pass as amended. SB 240. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Overby of the 49th 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 27. Do not pass. SB 40. Do not pass. SB 78. Do not pass. SB 252. Do not pass. HB 21. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Overby of the 49th 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 271. Do pass by substitute. SB 144. Do pass by substitute. SB 17. Do not pass. SB 201. Do not pass. HB 246. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

FRIDAY, FEBRUARY 21, 1975

727

Senator Kennedy of the 4th District, Chairman of the Committee on Of fender Rehabilitation, submitted the following report:

Mr. President:

Your Committee on Offender Rehabilitation 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 163. Do pass by substitute.

Respectfully submitted, Kennedy of 4th District, Chairman.

Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 86. Do pass by substitute.
Respectfully submitted, Lester of 23rd District, Chairman.

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

SB 156. By Senators Foster of the 50th, Stumbaugh of the 55th, Howard of the 42nd and Barker of the 18th:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for employees of the State of Georgia, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended.
SB 197. By Senators Lewis of the 21st, Banks of the 17th and Barnes of the 33rd:
A bill to amend Ga. Code Ann. S99-916a, 917a (Ga. Laws 1958, p. 34), URESA, so as to substitute the Department of Human Resources, in lieu of the Attorney General, as the State Information Agency; to clarify existing law insofar as the District Attorneys' fees are to be paid by the Fiscal Division of the Department of Administrative Serv ices, rather than the now abolished Treasurer's office.

728

JOURNAL OF THE SENATE,

SB 209. By Senator Holley of the 22nd:
A bill to amend Code Section 22-603, relative to meetings of share holders, as amended, so as to authorize corporate shareholder action pursuant to the written consent of a majority of the outstanding shares.

SB 214. By Senators Holloway of the 12th, Starr of the 44th, Riley of the 1st and others:
A bill to amend Code Title 47, relating to the General Assembly, as amended, so as to provide for a new Code Chapter 47-10A to regulate and require disclosure of certain actions by lobbyists and registered agents; to provide for a declaration of policy; to require certain persons to file reports with the Secretary of State.

SB 241. By Senators Gillis of the 20th, McGill of the 24th, Fincher of the 54th and others:
A bill to amend Code Section 95A-960 relating to the enforcement of load limitations for highways, so as to change the schedule for paying damages to the State for overweight vehicles.

SB 251. By Senator Reynolds of the 48th:
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. Laws 1973, p. 947), as amended, so as to make certain grammatical corrections; to provide for, and clarify the positions of parties to, procurement contracts involving business, professional, or other services.

SB 259. By Senators Lester of the 23rd, Summers of the 53rd, Kidd of the 25th and Starr of the 44th:
A bill to provide for certain rights and responsibilities of blind or visually handicapped persons and persons who are otherwise physically disabled; to provide for a short title; to provide that it is the policy of this State to encourage and enable the blind, the visually handicap ped and persons who are otherwise physically disabled to participate fully in the social and economic life of the State and to engage in remunerative employment.

SB 260. By Senators Banks of the 17th, Kennedy of the 4th, Lewis of the 21st and Traylor of the 3rd:
A bill to amend an Act providing that the costs of the case and expenses of the trial involving an inmate of the State Prison System shall be borne by the State Board of Corrections under certain condi tions, approved Mar. 11, 1964 (Ga. Laws 1964, p. 462).

SB 264. By Senators Starr of the 44th, Kennedy of the 4th, Langford of the 51st and Howard of the 42nd:
A bill to provide for an alternative to the incarceration of offenders;

FRIDAY, FEBRUARY 21, 1975

729

to provide for the development and implementation of pre-trial and pre-sentence programs providing alternatives to incarceration for of fenders and alleged offenders excluding probationers.

SB 265. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State, approved Feb. 13, 1956 (Ga. Laws 1956, p. 60) so as to provide exceptions thereto under prescribed conditions; to provide for procedures; to provide an effective date.

SB 266. By Senators Garrard of the 37th and Kidd of the 25th:
A bill to require any law enforcement officer who arrests any person who appears to be intoxicated to ascertain if said person is wearing identification which indicates that he has a medical disability which would account for his actions; to require all officers to aid such persons; to provide an effective date.

SB 267. By Senator Doss of the 52nd:
A bill to amend an Act known as the "Insurance Premium Finance Company Act", approved April 23, 1969 (Ga. Laws 1969, p. 561), as amended, so as to change the amount which may be charged in addition to the maximum charge on a premium finance company agreement; to change the maximum service charge on a premium finance agreement.

SB 270. By Senator Warren of the 43rd:
A bill to amend Code Chapter 26-12, relating to abortions, as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 635), so as to provide that no abortion shall be authorized or performed on a married woman without written authorization signed by both the woman and her husband except under certain circumstances.

SB 272. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the Georgia Police Academy Act, approved March 3, 1962 (Ga. Laws 1962, p. 535), to provide that the Board of Public Safety shall have authority over the Georgia Police Academy; to repeal that portion of said Act establishing a Georgia Police Academy Board.

SB 274. By Senators Stumbaugh of the 55th, Garrard of the 37th, Tysinger of the 41st and others:
A bill to prohibit members of public agencies, boards, bureaus, com missions, authorities or other bodies, who are paid on a per meeting

730

JOURNAL OF THE SENATE,

basis, from receiving additional compensation for attending more
tuhiuaini one meeting oufi sucha agency, board, bureau, commission, authority, or hbodyv in anyv one calendar davy.

SR 65. By Senators Starr of the 44th, Riley of the 1st, Holloway of the 12th and others:
A resolution to create the "Constitution Revision Commission".

SR 69. By Senators Riley of the 1st and Starr of the 44th: A resolution relating to the World Food Crisis.

SR 77. By Senators Sutton of the 9th, Eldridge of the 7th and Young of the 13th:
A resolution providing for the creation of the Georgia Agrirama De velopment Authority Overview Committee to generally oversee the operations of the Georgia Agrirama Development Authority.

SR 86. By Senators Reynolds of the 48th, Overby of the 49th, Brown of the 47th and Starr of the 44th:
A resolution memorializing the Congress of the United States to amend the "Clean Air Act" to maintain current 1975 automotive emission requirements through 1980.

HB 4. By Representative Adams of the 14th:
A bill to make unlawful certain acts in connection with motor vehicle odometer readings.

HB 169. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A bill to amend an Act making and providing appropriations for the fiscal year beginning July 1, 1974 and ending June 30, 1975; known as the "General Appropriations Act", approved April 2, 1974 (Ga. Laws 1974, p. 1508), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1975.

HB 211. By Representatives Lambert of the 112th, Carlisle of the 71st, Jones of the 126th and others:
A bill to establish an Executive Center Fine Arts Committee.

HB 538. By Representatives Games of the 43rd, Harris of the 60th, McKinney of the 35th and Smith of the 78th:
A bill to amend an Act known as the "Georgia Industrial Loan Act' so as to change the maximum permissible loan; to change the maximum

FRIDAY, FEBRUARY 21, 1975

731

loan period; to provide for monthly maintenance charges; to exclude such maintenance charges from certain interest rate limitations.

HB 618. By Representatives Smith of the 78th, Lambert of the 112th, Vaughn of the 57th and others:
A bill to amend Code Section 95A-959 relating to the weight and load limitations for vehicles using the public roads of this State, so as to change the provisions for the maximum permissible gross loads for certain vehicles.

HB 352. By Representatives Carter of the 146th, Matthews of the 145th, Patten of the 146th and others:
A bill to amend an Act creating the Georgia Agrirama Development Authority so as to enlarge the membership.

SB 273. By Senator Summers of the 53rd:
A bill to amend an Act placing the Sheriff of Dade County on an annual salary in lieu of the fee system of compensation, as amended, so as to provide that if the sheriff does not submit a proposed budget by a certain date, the budget for the current year shall be the budget for the ensuing fiscal year.

SB 284. By Senator Sutton of the 9th:
A bill to provide a new Charter for the City of Doerun, Georgia, in the County of Colquitt; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city government.

HB 233. By Mr. Harris of the 60th:
A bill to provide a new Charter for the City of Sugar Hill; to provide for the incorporation of said City; to provide for corporate boundaries.

HB 242. By Mr. Harris of the 60th:
A bill to provide a new Charter for the City of Berkeley Lake; to provide for the incorporation of said city; to provide for corporate boundaries.

HB 475. By Mr. Snow of the 1st:
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.

732

JOURNAL OF THE SENATE,

HB 581. By Representative Ham of the 80th:
A bill to amend an Act creating and establishing a small claims court for Monroe County so as to change the provisions relating to who is to perform the duties of judge of the small claims court when the regular judge shall be unable to discharge his duties.

HB 584. By Representatives Clifton of the 107th and Rush of the 121st:
A bill to amend an Act incorporating the City of Cobbtown so as to provide for staggered terms of office for the mayor and councilmen.

HB 592. By Representatives Milford, Clark and Mann of the 13th:
A bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor so as to change the term of office of the mayor.

HB 594. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act providing a new charter for the City of Helen 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.

HB 595. By Representatives Long of the 142nd and Cox of the 141st:
A bill to change the compensation of the Sheriff of Grady County and the abolish the present system of funding the operation of the Sheriff's Office of Grady County so as to change the compensation of the Sheriff of Grady County.

HB 606. By Representative Bray of the 70th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court (formerly known as the Ordinary) and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation so as to change the compensation of the sheriff.

HB 608. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act creating a board of commissioners of Hall County so as to stagger the terms of the members of the board; to provide for a referendum.

HB 627. By Representative Sizemore of the 136th:
A bill to provide a new Charter for the City of Warwick, Ga., in the County of Worth.

FRIDAY, FEBRUARY 21, 1975

783

HB 635. By Representatives Castleberry of the lllth and Edwards of the 110th:
A bill to provide a new charter for the City of Cusseta.

HB 649. By Representative Eraser of the 139th:
A bill to amend an Act incorporating the Town of Allenhurst so as to change the terms of office of the mayor and councilmen, and the provisions relating to town elections.

HB 650. By Representative Eraser of the 139th:
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 provisions relating to the compensation of deputy sheriffs.

HB 651. By Representative Eraser of the 139th:
A bill to amend an Act providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County so as to change the compensation of the sheriff.

HB 655. By Representative Leonard of the 3rd:
A bill to amend an Act creating a new charter for the City of Chatsworth so as to authorize the sale or lease of a certain tract of cityowned property; to confirm certain sales of city-owned property.

HB 658. By Representatives Chance of the 129th, Triplett of the 128th, Taggart of the 125th and others:
A bill to amend an Act creating a new charter for the Town of Pooler, and to otherwise amend the laws constituting the Charter of the Town of Pooler.

HB 661. By Representative Ross of the 76th:
A bill to create and establish a Small Claims Court in and for Taliaferro County; to prescribe the jurisdiction of said court; to describe the pleading and practice in said court.

HR 117. By Mr. Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to exclude 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 from ad valorem taxes levied by the City of Perry.

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JOURNAL OF THE SENATE,

HR 144. By Representative Rainey of the 135th:
A resolution proposing an amendment to the Constitution so as to authorize the County of Crisp to issue revenue anticipation obligations under certain conditions and without an election for electric generating, transmission and distribution systems; to provide for the submission of this amendment for ratification or rejection.

HB 226. By Messrs. Snow and Hayes of the 1st:
A bill to amend an Act creating the office of Tax Commissioner of Dade County so as to change the compensation of the Tax Commissioner.

HB 227. By Messrs. Snow and Hayes of the 1st:
A bill to amend an Act placing the Judge of the Probate Court of Dade County, formerly known as the Ordinary, on a salary basis in lieu of a fee basis of compensation, so as to change the maximum amount of compensation for deputies and clerks of the Judge of the Probate Court.
HB 228. By Messrs. Snow and Hayes of the 1st:
A bill to amend an Act creating the office of Commissioner of Dade County so as to change the provisions relating to the expenses of the Commissioner.

HB 632. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act creating the State Court of Jefferson County (formerly known as the City Court of Louisville) so as to change the compensation of the judge and solicitor of said court.

HB 637. By Representative Vaughn of the 57th: A bill to provide for a Public Defender for Rockdale County.

HB 638. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Tax Commissioner of Rockdale County so as to change the salary of the tax commissioner.

HB 639. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compensation so as to change the salary of the coroner.

HB 640. By Representative Vaughn of the 57th: A bill to amend an Act providing an annual salary for the Judge of

FRIDAY, FEBRUARY 21, 1975

735

the Probate Court of Rockdale County in lieu of the fee system of compensation so as to change the salary of the judge of the probate court and his chief deputy.

HB 641. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Commissioner of Rockdale County so as to change the salary of the commissioner.

HB 642. By Representative Vaughn of the 57th:

A bill to amend an Act fixing the compensation of the Clerk of the

Superior Court of Rockdale County so as to change the salary of the

clerk and his deputies.

>

rt

HB 643. By Representatives Vaughn of the 57th and Sigman of the 74th:
A bill to repeal an Act providing for a Public Defender for Rockdale and Newton Counties so as to abolish the office of public defender in said counties.

HB 644. By Representative 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 and his deputies.

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

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 31st Duncan Eldridge Fincher Foster Garrard Hamilton of 26th

Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not answering were Senators:

Bond Coverdell Dean of 6th

Doss Gillis Hamilton of 34th

Hudgins Russell

736

JOURNAL OF THE SENATE,

Senator Reynolds of the 48th introduced as Chaplain, The Reverend William L. Childers, pastor, First United Methodist Church, Lawrenceville, Georgia, who offered scripture reading and prayer.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 57. By Senator Duncan of the 30th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974, so as to change the provisions relative to funds to pay the expenses of pupil transportation; to pro vide that funds shall be paid to independent school systems only when the local boards of such systems request such funds.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974 (Ga. Laws 1974, p. 1045), so as to change the provisions relative to funds to pay the expenses of pupil transportation; to provide that funds shall be paid to independent school systems only when the local boards of such systems request such funds; to provide that independent school systems shall not be required to furnish pupil transportation services; 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. An Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974 (Ga. Laws 1974, p. 1045), is hereby amended by adding a new subsection at the end of Section 25 to be designated subsection (i) and to read as follows:
"(i) Notwithstanding the foregoing provisions of this Section, funds to pay the expenses of pupil transportation shall be paid to an independent school system only when such funds are requested by the board of education of such independent school system. The funds for the expenses of pupil transportation shall be requested by the board of education of the independent school system in its budget prepared pursuant to Section 66 of this Act, and if not bud geted therein, no expenses for pupil transportation shall be payable to the independent school system for the fiscal year covered by such budget. No provision of this Section or any other provision of this Act shall be construed to require the board of education of any independent school system to furnish pupil transportation services within such school system."

FRIDAY, FEBRUARY 21, 1975

737

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

Senator Duncan of the 30th moved that the substitute of the House to SB 57 be agreed to.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the substitute of the House to SB 57 was agreed to.

The following resolutions of the Senate and House were read and adopted:

SR 101. By Senators Coverdell of the 40th, Bond of the 39th, Garrard of the 37th and others: A resolution commending Mrs. Grace T. Hamilton, Representative of the 31st District.
SR 105. By Senator Doss of the 52nd: A resolution commending the Coosa High School Eagles Marching Band.
SR 106. By Senators Garrard of the 37th, Gillis of the 20th and Lewis of the 21st: A resolution commending the Reverend James P. Wesberry.
HR 212. By Representatives Key ton of the 143rd and Long of the 142nd: A resolution commending the Thomasville High School "Bulldog" Foot ball Team.
The following bill of the Senate, defeated on February 19, reconsidered on February 20, and postponed until February 21 was put upon its passage:
SB 79. By Senators Robinson of the 27th, Howard of the 42nd, Coverdell of the 40th and others: A bill to be known as the "Georgia Financial Disclosure Act of 1975"; to provide for a short title; to provide for a declaration of policy; to provide for definitions; to create a State Ethics Commission; to provide for the composition and appointment of members and their terms of office, powers, duties, compensation, expenses and qualifica tions.
The following amendments to SB 79 were adopted by the Senate on February 19:
Amend SB 79 by inserting on Page 4, line 5, the word "or", before the word "who".

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Amend SB 79 by inserting on Page 12, line 15, after the word "duties", the words "provided, however, that nothing herein shall prohibit anyone from making a legitimate campaign contribution to a candidate or his campaign committee for the purpose of defraying the campaign expenses of a candidate for any State or local office."

Amend SB 79 by striking on Page 4, line 15, the number "25" and inserting in lieu thereof the number "36".
Amend SB 79 by inserting on Page 1, line 23, after the word "forms" the following:
"; to provide for the suspension or modification of reporting requirements under certain circumstances".
and
By inserting on Page 11, following line 32, at the end of Section 5, a new subsection (c), to read as follows:

"(c) The commission, after hearing, by order may suspend or modify any of the reporting requirements hereunder in a particular case if it finds that literal application of this Act works a manifestly unreasonable hardship and if it also finds that such suspension or modification will not frustrate the purposes of this Act. Any such suspension or modification shall be only to the extent necessary to substantially relieve the hardship. The commission shall act to suspend or modify any reporting requirements only if it deter mines that facts exist that are clear and convincing proof of the findings required hereunder. Any citizen shall have standing to bring an action in the Superior Court of Fulton County to contest the propriety of any order entered hereunder within one year from the date of entry of such order."

Amend SB 79 by inserting, following line 31 of Page 4 a new paragraph (4), to read as follows:

"(4) to institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this Act.".

By inserting, following the word "filed" on line 14 of Page 5 the following:

"by a candidate"

By striking from lines 15 through 16 of Page 7 the following:

"(ii) to make public the fact that a violation is suspected and the nature thereof;".

FRIDAY, FEBRUARY 21, 1975

739

By striking from line 17 of Page 7 the following: "(Hi)",

and inserting in lieu thereof the following: "(ii)".

By striking from line 10 of Page 8 the following: "(20)",

and inserting in lieu thereof the following: "(g)"-

By striking paragraph (3) of Section 5 on line 4 through line 12 of Page 9, in its entirety and inserting in lieu thereof a new paragraph (3), to read as follows:
"(3) The name and address of each creditor to whom the value of five hundred dollars or more was owed; the percentage of each such debt of the total of such debt owed to all creditors as of the date of filing; provided, that debts arising out of a retail install ment transaction need not be reported or included in making the calculations required herein; and".
By inserting in paragraph (6) of Section 5, following the word "compensation" on line 28 of Page 9 the following:
"expressed as a percentage of the total net income of the official".
By striking from line 20 of Page 11 the following:
"Where",
and inserting in lieu thereof the following:
"Except as otherwise provided in paragraphs (3) and (6) of subsection (a), where".

By adding, following the sentence ending on line 32 of Page 11, the following:
"Where a percentage is required to be reported under subsection (a) of this Section, it shall be sufficient to comply with such re quirement to report whether the percentage is less than 25%, at least 25% but less than 50%, at least 50% but less than 75%, or 75% or more."

740

JOURNAL OF THE SENATE,

Senator Robinson of the 27th moved that the Senate reconsider its action in adopting the five amendments to SB 79 on February 19.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the five amendments were reconsidered.

Senator Robinson of the 27th asked unanimous consent that the five amend ments to SB 79 adopted February 19 be withdrawn, and the consent was granted.

Senator Robinson of the 27th offered the following substitute to SB 79:
A BILL
To be entitled an Act to be known as the "Georgia Financial Disclo sure Act of 1975"; to provide for a short title; to provide for a declaration of policy; to provide for definitions; to require elected State officials and candidates for elective State offices to file written statements sworn as to their truth and accuracy, stating for himself and his im mediate family certain, information; to provide for the disclosure of financial information and financial interest; to provide for forms; to provide for the suspension or modification of reporting requirements under certain circumstances; to provide that no State official shall use an official position or office to obtain certain financial gains; to provide that no person shall offer to or give to an elected State official or his family, and elected State officials shall not solicit or receive certain things of value; to prohibit State officials and their families from soliciting or receiving certain monies; to prohibit State officials from using or disclosing certain confidental information; to provide for penal ties; to provide for other matters relative to the foregoing; to provide an affective date; to repeal conflicting laws; and for other purposes,
f
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 Financial Disclosure Act of 1975".
Section 2. Declaration of Policy and Intent. It is hereby declared to be the policy of the State of Georgia 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 dealings, and that the people shall be assured that the private financial dealings of their elected public officials, and of candidates for those offices present no conflict of interest between the public trust and private interests.
Section 3. Definitions. Unless clearly indicated otherwise by their use in context, the following words, when used in this Act, shall have the following meanings:
(a) "Business" means any corporation, partnership, proprietorship,

FRIDAY, FEBRUARY 21, 1975

741

firm, enterprise, franchise, association, organization, self-employed in dividual or any other legal entity.

(b) "Commission" means the State Ethics Commission.

(c) "State official" means all elected officials of the executive, legislative and judicial branches of State government, specifically including, but not limited to, all elected constitutional State officers, members of the General Assembly of Georgia, judges of the superior courts and Court of Appeals, and justices of the Supreme Court of Georgia.

(d) "State official's family" means a State official's spouse and dependents.

Section 5. Statements of Economic Interest, (a) Every elected State official shall on or before January 31st of each year, and every candidate for an elective State office within two weeks of becoming a candidate, shall file with the Commission a written statement sworn as to its truth and accuracy stating for himself and his immediate family for the preceding twelve months:

(1) Occupation, name of employer, and business address; and

(2) Each direct financial interest in excess of five thousand dollars in a bank or savings account or cash surrender value of any insurance policy; each other direct financial interest in excess of five hundred dollars; and the name, address, nature of entity, nature and value of each such direct financial interest; and

(3) The name and address of each creditor to whom the value of five hundred dollars or more was owed; the percentage of each such debt of the total of such debt owed to all creditors as of the date of filing; provided, that debts arising out of a retail install ment transaction need not be reported or included in making the calculations required herein; and

(4) Every public or private office, directorship and position as trustee held; and

(5) All persons for whom actual or proposed legislation, rules, rates, or standards has been prepared, promoted, or opposed for current or deferred compensation; the description of such actual or proposed legislation, rules, rates or standards; and the amount of current or deferred compensation paid or promised to be paid; and

(6) The name of any corporation, partnership, joint venture, association, union or other entity in which is held any office, di rectorship or any general partnership interest, or an ownership interest of ten percent or more; the name or title of that office, directorship or partnership; the nature of ownership interest; and

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JOURNAL OF THE SENATE,

with respect to each such entity the name of each governmental entity, corporation, partnership, joint venture, sole proprietorship, association, union or other business or commercial entity from which such entity has received compensation in any form in the amount of five hundred dollars or more during the preceding twelve months and the consideration given or performed in exchange for such com pensation; and

(7) A list, including legal descriptions, of all real property in the State of Georgia, the assessed valuation of which exceeds two thousand five hundred dollars in which any direct financial interest was acquired during the preceding calendar year, and a statement of the amount and nature of the financial interest and of the considera tion given in exchange for such interest; and

(8) A list, including legal descriptions, of all real property in the State of Georgia, the assessed valuation of which exceeds two thousand five hundred dollars in which any direct financial interest was divested during the preceding calendar year, and a statement of the amount and nature of the consideration received in exchange for such interest, and the name and address of the person furnishing such consideration; and

(9) A list, including legal descriptions, of all real property in the State of Georgia, the assessed valuation of which exceeds two thousand five hundred dollars in which a direct financial interest was held: Provided, That if a description of such property has been included in a report previously filed, such property may be listed, for purposes of this provision, by reference to such previously filed report; and

(10) A list, including legal descriptions, of all real property in the State of Georgia, the assessed valuation of which exceeds five thousand dollars, in which a corporation, partnership, firm, enter prise or other entity had a direct financial interest, in which corpo ration, partnership, firm or enterprise a ten percent or greater ownership interest was held.

(b) Except as otherwise provided in paragraph (3) of subsection (a), where an amount is required to be reported under subsection (a), paragraphs (1) through (11) of this Section, it shall be sufficient to comply with such requirement to report whether the amount is less than one thousand dollars, at least one thousand dollars but less than five thousand dollars, at least five thousand dollars but less than ten thou sand dollars, at least ten thousand dollars but less than twenty-five thousand dollars, or twenty-five thousand dollars or more. An amount of stock may be reported by number of shares instead of by market value. No provision of this subsection shall be interpreted to prevent any per son from filing more information or more detailed information than required. Where a percentage is required to be reported under subsec tion (a) of this Section, it shall be sufficient to comply with such re quirement to report whether the percentage is less than 25%, at least 25% but less than 50%, at least 50% but less than 75%, or 75% or more.

FRIDAY, FEBRUARY 21, 1975

743

(c) The commission, after hearing, by order, may suspend or modify any of the reporting requirements hereunder in a particular case if it finds that literal application of this Act works a manifestly unreasonable hardship and if it also finds that such suspension or modification will not frustrate the purposes of this Act. Any such suspension or modifica tion shall be only to the extent necessary to substantially relieve the hardship. The commission shall act to suspend or modify any reporting requirements only if it determines that facts exist that are clear and convincing proof of the findings required hereunder. Any citizen shall have standing to bring an action in the Superior Court of Fulton County to contest the propriety of any order entered hereunder within one year from the date of entry of such order.
Section 6. Use of Official Position. No State official shall use an official position or office to obtain financial gain for himself, or his family, or any business with which he or a member of his family is associated unless such use and gain are specifically authorized by law.
Section 7. Giving or Solicitation of Gifts. No person shall offer to or give to an elected State official or his family, and none of the afore named shall solicit or receive anything of value, including a gift, favor or service or a promise of future employment, based on any under standing that the vote, official actions, decisions, or judgement of the intended recipient or family member would be influenced thereby, or where it could reasonably be inferred that the thing of value would in fluence such person in the discharge of his duties, provided however, that nothing herein shall prohibit anyone from making a legitimate cam paign contribution to a candidate or his campaign committee for the purpose of defraying the campaign expenses of a candidate for any State or local office. Expenses associated with social occasions afforded State officials when such expenses are in amounts of less than $100 per year per State official entertained shall not be deemed a thing of value within the meaning of this Section or prohibited hereby.

Section 8. Solicitation or Receipt of Money. No State official or his family shall solicit or receive any money in addition to that received by the official in his official capacity for advice or assistance on matters concerning the legislature, an executive department, or any State regulatory board, commission or other body.

Section 9. Disclosure of Confidential Information. No State official shall use or disclose confidential information gained in the course of or by reason of his position in any way that could result in financial gain other than his regular salary as such State officer for himself, his family, or for any other person.

Section 10. Penalties. Any person who knowingly fails to comply with or who violates any of the provisions of this Act shall be guilty of a misdemeanor on the first offense, and upon conviction thereof, shall be punished as for a misdemeanor; and upon the second or subsequent offense shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000, or both.

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JOURNAL OP THE SENATE,

Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator McGill of the 24th offered the following amendment to the substitute to SB 79 offered by Senator Robinson of the 27th:
Amend the substitute to SB 79 offered by Senator Robinson of the 27th by striking Section 5 in its entirety and renumbering succeeding Sections accordingly.

Senator Howard of the 42nd moved that SB 79 be committed to the Commit tee on Judiciary.

On the motion, the yeas were 36, nays 3; the motion prevailed and SB 79 was committed to the Committee on Judiciary.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 36. By Senator Riley of the 1st:
A bill to amend Section 89-811 of the Code of Georgia of 1933, relating to the designation of solvent banks as depositories of all county monies and monies belonging to the school funds of the counties and of school districts therein.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Section 89-811 of the Code of Georgia of 1933, relating to the designation of solvent banks as depositories of all county monies and monies belonging to the school funds of the coun ties and of school districts therein, and of other districts therein organized for any purpose, so as to provide that insured federal savings and loan associations, or insured State chartered building and loan asso ciations, may also be utilized as depositories of county monies and the other types of funds and monies hereinabove described; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Section 89-811 of the Code of Georgia of 1933, relating to the designation of solvent banks as depositories of all county monies and monies belonging to the school funds of the counties and of school districts therein, and of other districts therein organized for any pur-

FRIDAY, FEBRUARY 21, 1975

745

pose, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 89-811, to read as follows:

"89-811. The county authorities shall designate one or more solvent banks, insured federal savings and loan associations or in sured State chartered building and loan associations, as depositories of all county monies and monies belonging to the school funds of the county, and of school districts therein, and of other districts therein organized for any purpose; and if the county authorities shall not have provided for such a depository, the county board of education or the trustees of any school district or the proper authorities hav ing supervision over any other public fund may designate such a depository as to their funds; and if there be no applicable depository selected, the officer collecting or holding any public funds may select a depository."

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 Riley of the 1st moved that the Senate agree to the House substitute to SB 36.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the House substitute to SB 36 was agreed to.

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

SB 165. 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.

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 Banks Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

746

JOURNAL OF THE SENATE,

Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins

Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 6th Duncan Garrard

Hill Holley Robinson

Russell Sutton

On the passage of the bill, the yeas were 48, 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 70. By Senators Bell of the 5th, Lester of the 23rd, Thompson of the 32nd and others:
A bill to prohibit municipal or county governments from requiring ap plicants for employment or employees to be residents of the municipality or county.

The House substitute was as follows:
A BILL
To be entitled an Act to prohibit municipal or county governments from requiring applicants for employment as officers or employees, or officers or employees now or hereafter employed 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 ad vantage over nonresidents and to provide for the construction of this Act in connection therewith; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

FRIDAY, FEBRUARY 21, 1975

747

Section 1. No municipal or county government in this State shall require as a condition of employment by such government that applicants for employment as officers or employees, or such officers or employees now or hereafter employed must reside within the boundaries of the municipality or county.

Section 2. A municipal or county government of this State, in using any merit system examination or other type of examination or evalua tion of personnel in connection with application for employment, demo tion or discharge of employees or promotion of employees, shall not apply additional points, credits or other benefits to residents of the municipal ity or county to give such residents an advantage for the purpose of employment or promotion, or disadvantage for the purpose of demotion or 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 em ployees are equally at fault or ineffective when they are being considered for demotion or discharge from employment.

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Bell of the 5th moved that the Senate agree to the House substitute to SB 70.

On the motion, the yeas were 34, nays 1; the motion prevailed, and the House substitute to SB 70 was agreed to.

Senator Hudgins of the 15th asked unanimous consent to be recorded as hav ing voted "Nay" to the agreement to the House substitute to SB 70, and the con sent was granted.

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

SB 172. By Senator Doss of the 52nd:
A bill to prohibit the governing authorities of the various counties and municipalities in this State from adopting resolutions or ordinances relating to the registration of firearms.

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

748

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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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 31st Doss Eldridge Poster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative were Senators Bond and Coverdell.

Those not voting were Senators:

Dean of 6th Duncan Fincher

Hill Holloway Hudgins

Russell Stephens Tate

On the passage of the bill, the yeas were 45, nays 2.

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

Senator Stumbaugh of the 55th introduced as Doctor of the Day, Dr. Ken Hoose of Decatur, Georgia.

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

SB .205. By Senators Lewis of the 21st, Overby of the 49th, Banks of the 17th and Barnes of the 33rd:
A bill to amend an Act providing for a new exclusive procedure for per sons whose liberty is being restrained by virtue of a sentence imposed against them by any state court of record, approved April 18, 1967 (Ga. Laws 1967, p. 835), as amended, particularly by an Act approved April 19, 1973 (Ga. Laws 1973, p. 1315), so as to provide certain grounds shall be considered waived in such cases under certain conditions.

FRIDAY, FEBRUARY 21, 1975

749

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Foster Garrard Gillis

Hamilton of 3'4th Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 6th Dean of 31st Duncan Fincher

Hamilton of 26th Hill Holley

Hudson Russell Stephens

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

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

Senator Langford of the 51st moved that the following bill of the Senate be postponed until February 24:

SB 174. By Senator Doss of the 52nd:
A bill to amend the Georgia Charitable Trust Act, approved Mar. 21, 1974 (Ga. Laws 1974, p. 440), so as to provide that the settlor of any trust may provide in the instrument creating the trust that the provisions of said Act shall not apply to the trustees of the trust therein created.
On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 174 was postponed until February 24.

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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:

SB 247. By Senators Warren of the 43rd, Kidd of the 25th and Riley of the 1st:
A bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, approved Mar. 16, 1966 (Ga. Laws 1966, p. 574), as amended, so as to change the provisions relative to the interest that may be charged on the principal amount of the loan.

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 Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Foster Garrard Gillis Hamilton of 26th Hamilton of 34th

Hill Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill
Overby Pearce Reynolds Riley

Robinson Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Eldridge.

Those not voting were Senators:

Barker Dean of 6th Dean of 31st Doss

Duncan Fincher Holley Holloway

Hudgins Hudson Russell Stephens

On the passage of the bill, the yeas were 43, nays 1.

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

FRIDAY, FEBRUARY 21, 1975

751

SR 44. By Senators Lewis of the 21st and Banks of the 17th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for venue of civil actions respecting third-party practice; 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 XIV of the Constitution is hereby amended by adding at the end thereof a new Paragraph VII, to read as follows:
"Paragraph VII. Third Party Practice. If venue is otherwise proper in any civil action between the plaintiff and defendant, it shall also be proper (1) in any third-party action brought by a party against a person who is not a party to the action and who is or may be liable to the party for all or part of a claim against him, and (2) in any action by a third-party defendant against any person not a party to the action who is or may be liable to him for all or part of the claim made in the action against said third-party defendant."
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 ) NO venue of civil actions respecting third-party practice?"

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 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:

Ballard Banks Barnes

Bell Bond Brantley

Broun of 46th Brown of 47th Carter

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Coverdell Doss Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Kennedy

Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell

Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Dean of 6th Dean of 31st

Duncan Fincher Holley

Hudson Stephens

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HB 31. By Representatives Burruss of the 21st, Shanahan of the 7th and Ross of the 76th: Senate Sponsors: Senators Brown of the 47th and Holloway of the 12th.
A bill to create the Georgia Municipal Electric Authority as an institution of purely public charity performing an essential governmental function; to authorize the Authority, as sole owner or in common with others, to acquire, construct, improve, equip, alter, repair, operate, and maintain . public projects embracing generation and transmission of electric power and energy.
The Committee on Public Utilities offered the following substitute to HB 31:
A BILL
To be entitled an Act to create the Georgia Municipal Electric Au thority as an institution of purely public charity performing an essential governmental function; to authorize the Authority, as sole owner or in common with others, to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects embracing generation and transmission of electric power and energy and to acquire, construct, and equip all property and things necessary or convenient for the pur poses of such projects and the acquisition, construction, maintenance, and operation thereof; to confer powers, including, among others, the power of eminent domain, and impose duties on the Authority; to

FRIDAY, FEBRUARY 21, 1975

753

provide for the membership of the Authority; to authorize the Authority and certain political subdivisions of the State to execute contracts for the use of such projects and facilities or the services thereof and enforce the performance thereof; to authorize the issuance of revenue bonds of the Authority payable from the revenues and other funds of the Au thority to pay the cost of such projects; to authorize the collecting and pledging of revenues and other funds and assets of the Authority for the payment of such bonds and for the cost of operating, maintaining, and repairing such projects; to authorize the execution of trust and security instruments relating to the Authority's property to secure the payment of such bonds; to provide rights for the owners of such bonds; to provide that such bonds shall not constitute a debt of the State nor of any political subdivision thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon along with all property of the Authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of such bonds and the security therefor; to authorize the issuance of bond anticipation notes and provide for the payment and terms thereof; to fix the venue and jurisdiction of actions relating to any provisions of this Act; to pro vide an effective date for this Act; to provide for the severability of the provisions of this Act; to repeal all laws and parts of laws in conflict herewith; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Declaration of Need.
WHEREAS, certain political subdivisions of the State of Georgia, now own and operate electric distribution systems to serve their citizens, inhabitants, and customers by providing them electricity for all purposes, and

WHEREAS, if such political subdivisions are to furnish, and if the members of the public in the areas they serve are to receive adequate service, such political subdivisions must have an adequate, dependable, and economical source or sources and supply of bulk electric power,

NOW, THEREFORE, it is hereby declared that there exists in the State of Georgia a need for an Authority to function without profit in developing and promoting for the public good in this State an adequate, dependable, and economical source or sources and supply of bulk electric power and energy for the purposes aforesaid.

Section 2. Creation of the Authority.
There is hereby created a public body corporate and politic to be known as the Georgia Municipal Electric Authority, which shall be a public corporation of the State of Georgia, and shall have perpetual existence. Said Authority, however, shall not be a State institution nor a department or agency of the State, but shall be a State Authority, a mere creature of the State, having distinct corporate entity and being exempt from the provisions of the Georgia State Financing and Invest ment Commission Act, I Ga. L. 1973, p. 750, codified in Ga. Code Ann.,

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Ch. 87-1A. Said Authority shall have its principal office in Fulton County, and its legal situs or residence for the purpose of this Act shall be Fulton County.

Section 3. Purpose.
The purpose of the Authority shall be to acquire or construct, or to acquire and construct, and operate and maintain or cause to be con structed, operated, and maintained electric generation and transmission facilities, and to take all other necessary or desirable action, in order to provide or make available an adequate, dependable, and economic supply of electric power and energy and related services for such of said political subdivisions of the State of Georgia as are hereinafter identified in Section 27, as may desire the same and, incidentally and so as to take advantage of economies of scale in the generation and trans mission of electric power and energy, to other persons and entities.

Section 4. Members.
(a) (i) Election Committee. The Authority shall consist of nine members who shall be eligible to succeed themselves and who shall be elected by the duly designated representatives of those political sub divisions of the State of Georgia, which are authorized and directed to designate a member to the Election Committee as hereinafter provided in this Section 4. On or before the ninetieth day following the effective date of this Act, each of those political subdivisions which shall have, prior to such ninetieth day, by proper resolution of its governing body, declared its intention to contract with the Georgia Municipal Electric Authority for the purchase of electric power and energy, (other than for short term purchases) provided there shall be as many as five of such political subdivisions, shall designate one person who shall be a resident of such political subdivision as its representative on the Georgia Municipal Electric Authority Membership Election Committee which may be herein designated as the Election Committee. All such resolutions of declaration of intention to contract with the Georgia Municipal Electric Authority shall be presented to the Election Committee at its first meeting which shall be held in the office of the Georgia Municipal Association at eleven o'clock in the morning on the first Monday follow ing such ninetieth day. At such meeting the Election Committee shall organize and elect a chairman and such other officers as may be desirable in the determination of the Election Committee. The Election Committee shall then determine the sufficiency of the resolutions presented to it and shall determine the number of votes (including fractions thereof) which each member of the Election Committee shall be entitled to cast in accordance with the provisions of Section 4(a)(ii), hereof. Nominations for membership on the Authority shall then be received by the Election Committee prior to adjournment of its first meeting. The Election Committee shall then meet for the second time one week later at the same time and place to receive any other nomina tions that may be made to the Authority and shall elect nine members of the Authority. Each member shall be a resident of one of said political subdivisions represented on the Election Committee, but, insofar as is mathematically possible, no more than one member shall be a resident of any one of such political subdivisions. Each member of the Authority shall hold office until the adjournment of the annual meeting of the

FRIDAY, FEBRUARY 21, 1975

755

Authority held at, or nearest to, the expiration of his term of office for which provision is hereinafter made and until his successor is elected

(ii) Distribution of Votes.
(A) In elections held by the Election Committee to elect members to the Authority, beginning with the first election of such members, each political subdivision entitled to representation on the Election Com mittee shall have, and shall be entitled to have its representative on the Election Committee cast, one whole vote, plus an additional, vote or votes (including fractions thereof) to be determined as follows: The percentage which is arrived at by dividing the number of kilowatt hours taken from Georgia Power Company by each such political subdivision during the immediately preceding calendar year by the total number of kilowatt hours taken from Georgia Power Company by all such political subdivisions during the immediately preceding calendar year shall be determined, and each such percentage shall then be applied to a total number of votes equal to the total number of political sub divisions entitled to representation on the Election Committee. The resulting figure, calculated to the nearest one thousandth, shall be the additional vote or votes (including fractions thereof) to which each respective political subdivision is entitled.

(B) At such time as facilities of the Authority are placed in commercial operation as determined by the Authority and energy is being supplied by the Authority to political subdivisions contracting with the Authority, then and thereafter, each such political subdivision en titled to representation on the Election Committee shall have, and shall be entitled to have its representative on the Election Committee cast, one whole vote, plus an additional vote or votes (including fractions thereof) to be determined as follows: The percentage which is arrived at by diving the number of kilowatt hours hours taken from the Authority by each such political subdivision during the immediately preceding calendar year by the total number of kilowatt hours taken from the Authority by all such political subdivisions during the immediately preceding calendar year shall be determined, and each such percentage shall then be applied to a total number of votes equal to the total number of political subdivisions entitled to representation on the Election Com mittee. The resulting figure, calculated to the nearest one thousandth, shall be the additional vote or votes (including fractions thereof) to which each respective political subdivision is entitled by reason of energy taken, provided, however, that at the meeting of the Election Committee in the calendar year immediately following the calendar year in which such facilities of the Authority are first placed in commercial operation, as determined by the Authority, and energy is being supplied by the Authority to such political subdivisions (provided said facilities have been in commercial operation, as determined by the Authority, and energy has been supplied for a minimum of six months in the immediately preceding calendar year) the period of time upon which the determina tion shall be made of the additional vote or votes (including fractions thereof) to which the members of the Election Committee shall be entitled at such meeting shall be the remainder of the calendar year in which energy was first supplied to such political subdivisions. If such facilities of the Authority have not been in commercial operation, as determined by the Authority, and energy has not been supplied for a

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minimum of six months in the immediately preceding calendar year such additional vote or votes (including fractions thereof) shall be deter mined upon the number of kilowatt hours taken from Georgia Power Company in accordance with the provisions of Section 4(a) (ii) (A), hereof.

(C) The presence at any meeting of the Election Committee of repre sentatives entitled to cast two-thirds of the total votes to which the Election Committee shall be entitled shall constitute a quorum of the Election Committee. The nine nominees to membership on the Authority receiving the largest number of votes cast by a quorum of the Election Committee shall be declared to be elected as the first nine members of the Authority.

(b) Meetings of Authority. The Authority shall meet at the same place and hour, on the first Monday following the second meeting of the Election Committee, as aforesaid, and elect officers, decide upon a place, date, and hour for its next meeting or meetings, and shall proceed with the transaction of such business as may come before the Authority.

(c) Additional Members of Election Committee. Each political sub division contracting with the Authority for the purchase of electric power and energy (other than for short term purchases) after the nine tieth day following the effective date of this Act, but on or prior to the election of the first nine members of the Authority, shall designate one person who shall be a resident of such political subdivision as an ad ditional member of said Election Committee. The term of each additional member of the Election Committee so designated shall begin with the first meeting of the Election Committee following the meeting held for the purpose of electing the first nine members of the Authority. The Election Committee shall meet on a date not more than thirty days prior to each annual meeting of the Authority and elect members to fill the terms which will begin at the conclusion of such meeting. Each political subdivision contracting with the Authority (other than for short term purchases) following the election of the first nine members of the Authority shall designate its representative on the Election Com mittee no more than thirty days following the execution of such contract by and between the Authority and such political subdivision. The term of such additional members shall begin with the next meeting of the Election Committee. Members of the Election Committee shall serve at the pleasure of the governing body of the political subdivision from which they were appointed.

(d) Term of Office. Three members of the Authority shall be elected for terms of one year, three for two years, and three for three years. Each election thereafter shall be for a term of three years. All terms, however, shall extend through the annual meeting of the Authority held at, or nearest to, the expiration of the number of years for which the member was elected and until his successor shall be elected. In the event it should be mathematically necessary in the election of the mem bers of the Authority for more than one member of the Authority to be a resident of the same political subdivision, then and in that event, one of the two members who are residents of the same political sub division shall be elected for an initial term of one year, and, in the

FRIDAY, FEBRUARY 21, 1975

757

event there should be four political subdivisions from which two residents must be elected, one of the residents of one of such political subdivisions shall be elected for an initial term of two years, provided, however, that insofar as may be consistent with the foregoing provisions of this Section 4(d), in the election of the first nine members of the Authority, the three nominees receiving the highest number of votes shall be elected to terms of three years, the three nominees receiving the next highest number of votes shall be elected to terms of two years, and the three nominees receiving the next highest number of votes shall be elected to terms of one year. Any tie votes shall be resolved by lot in such manner as shall be prescribed by the Election Committee. Members of the Elec tion Committee shall not be eligible for membership on the Authority

(e) Annual Meeting. The annual meeting of the Authority shall be held on the anniversary date of the first meeting of the Authority unless the date, time, and place of such annual meeting shall otherwise be fixed by resolution1 of the Authority. Any such date so fixed, however, shall be in reasonable proximity to the anniversary date of such first meeting.

(f) Vacancies. Any vacancy in the membership of the Authority shall be filled by a new member to be elected by the remaining members of the Authority to serve until the next meeting of the Election Com mittee. At the first meeting of the Election Committee following the filling of such vacancy, the Election Committee shall elect a member to fill the remainder, if any, of the unexpired term for which such vacancy was filled. Upon such election by the Election Committee, the member ship on the Authority of the member elected to fill such vacancy by the remaining members of the Authority shall terminate.

(g) Officers. The Authority shall elect one of its members as Chairman and one as Vice-Chairman and shall elect a SecretaryTreasurer and an Assistant Secretary-Treasurer, each of whom shall be elected from the membership of the Authority. Such officers shall serve for such terms as shall be prescribed by resolution of the Authority or until their successors are elected and qualified.

(h) Majority. At all meetings of the Authority, the presence in person of a majority of the members in office shall be necessary for the transaction of business, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the Authority. No vacancy in the membership of the Authority shall impair the right of such majority to exercise all the rights and perform all the duties of the Authority. If at any meeting there is less than a majority present, a majority of those present may adjourn the meeting to a fixed time and place, and notice of such time and place shall be given in accordance with the provisions of Section 4(j), hereof, provided, however, that if the time element of said Section 4(j), cannot reasonably be complied with, such notice, if any, of such adjourned meeting shall be given as is reasonably practical.

(i) Special Meetings. Special meetings of the Authority may be called by resolution of the Authority or by the Chairman or Vice-Chair-

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man or upon the written request of at least three members of the Au thority.

(j) Notice of Meetings. Written notice of all meetings shall be delivered to each political subdivision contracting with the Authority (other than for short term purchases) and to each member of the Au thority not less than ten days prior to the date of such meeting in the case of regular meetings and not less than three days in the case of special meetings.

(k) Waiver of Notice. Notice of a meeting of the Authority need not be given to any member who signs a waiver of notice either before or after the meeting. Attendance of a member at a meeting shall con stitute a waiver of notice of such meeting and a waiver of any and all objections to the place or time of the meeting or to the manner in which it has been called or convened, except when a member states at the beginning of the meeting any such objection or objections to the transac tion of business. Neither the business to be transacted at nor the purpose of any regular or special meeting of the Authority need be specified in the notice or waiver of notice of such meetings.

(1) Other Meetings. In addition to the annual meeting of the Au thority, regular meetings of the Authority may be established by resolution of the Authority, and no notice, other than notice of the adoption of such resolution to any member of the Authority who was absent when it was adopted, shall be required for such meeting, except for the notice required by the provisions of Section 4(j), hereof.

(m) Compensation. The members of the Authority shall not be entitled to compensation for their services, but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. The Authority shall make rules and regula tions for its own government and may retain, employ, and engage all necessary staff and personnel, including professional and technical supervisors, assistants, and experts and other agents and employees, temporary or permanent, as it may require, and any one or more of such persons so engaged may be designated as one or more additional As sistant Secretary-Treasurers of the Authority and may be given the duties of keeping the books, records, and minutes of the Authority and of giving all notices required by the provisions hereof, and, in the absence of or in lieu of the Secretary-Treasurer, or performing all other functions of the Secretary-Treasurer. Officers designated by the Authority pursuant to the provisions of this Section 4(m), shall serve at the pleasure of the Authority.

(n) Books and Records. The Authority shall keep suitable books and records of all its obligations, contracts, transactions, and under takings, and of all income and receipts of every nature and all expendi tures of every kind.

(o) Removal From Office. The Election Committee shall have the power to remove any member of the Authority for cause after written notice and public hearing.

FRIDAY, FEBRUARY 21, 1975

759

Section 5. Definitions.
As used in this Act the following words shall have the following meanings unless the context clearly indicates otherwise.

(a) "Authority" shall mean the Georgia Municipal Electric Au thority hereby created and any successor or successors thereto. 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.

(b) "Project," "undertaking," and "facility" or "facilities" may be used interchangeably and shall mean electric generation and transmission lands and works and all property, real and personal, of every kind and nature material or pertinent thereto or necessary therefor which may be used or useful in the development of electric power and energy and in the supplying of such electric power and energy to all those con tracting with the Authority therefor and may include a divided or undivided interest in any electric generation or transmission facility in which the Authority shall participate as an owner in common with others.

(c) "Cost of project" or "cost of construction" shall mean all costs of construction; all costs of real and personal property required for the purposes of such project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates and the preparation of applications therefor, all machinery and equipment, in cluding equipment for use in connection with such construction, and initial fuel supply acquired for such project; financing charges, interest prior to and during construction and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering, architectural, and legal services; cost of plans and specifications and all expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. All funds paid or advanced for any of the purposes aforesaid by political sub divisions contracting with the Authority prior to the issuance of any of the Authority's bonds or notes may be refunded to such political subdivisions out of the proceeds of any bonds or notes so issued. The costs of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, a fuel reserve, and such other reserves as may be reasonably required by the Authority for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under the provision of this Act for such project.

(d) "Bonds" or "revenue bonds" as used in this Act shall mean any

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bonds issued' by the Authority under the provisions of this Act, in cluding refunding bonds.

(e) "Bond anticipation notes" or "notes" shall mean short term obligations issued after validation of bonds and in anticipation of the issuance of the bonds as validated.

Section 6. Public Property.
It is hereby found, determined, and declared that the creation of the Authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this State and that the Authority is an institution of purely public charity performing an essential govern mental function and all property of said Authority is hereby declared and shall in all respects be considered to be public property and title to such property shall be held by the Authority only for the benefit of the public and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for essential public and govern mental purposes, that is, for the promotion of public general welfare in the matter of providing an adequate, dependable, and economic electric power supply in an effort to better the general condition of society residing in the State of Georgia, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society, and all of the property of and income, obligations, and interest on the bonds and notes of the Au thority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes by the State or any of its political subdivisions.

Section 7. Powers.
The Authority shall have all the powers necessary or convenient to carry out and effectuate the purpose and provisions of this Act, including, but without limiting the generality of the foregoing, the power:

(a) Litigation. To sue and be sued in contract and in tort and to complain and defend in all courts of law and equity;

(b) Seal. To adopt and alter a corporate seal;

(c) Acquisition of Property. To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by exercise of the power of eminent domain in accordance with the provisions of any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of the Special Master Act of 1957, Ga. L. 1957, p. 387, as amended, codified in Ga. Code Ann., Ch. 36-6A, or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to insure the same against any and all risks as such insurance may, from time to time, be available, and use such property and rent or lease the same to or from others or make contracts with respect to the use thereof or to sell, lease, or other-

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wise dispose of any such property in any manner it deems to the best advantage of the Authority and the purposes thereof. The powers to acquire, use, and dispose of property herein contained shall include the power to acquire, use, and dispose of any interest in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party or parties, public or private. Title to any such property of the Authority, however, shall be held by the Authority exclusively for the benefit of the public. The Authority shall be under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and, in any proceed ings to condemn, such orders may be made by the court having jurisdic tion of the action as may be just to the Authority and to the owners of the property to be condemned. If the Authority shall deem it expedient to construct any project on lands which are subject to the control of the State or of any political subdivision or public corporation of the State, the Governor, in the case of the State, or the governing authorities of such political subdivisions or such public corporations are hereby au thorized to convey such lands to the Authority for such consideration, not exceeding reasonable value, as may be agreed upon by the Authority, as grantee, and by the Governor or by the governing body of such political subdivision or by such public corporation, as grantor, taking into con sideration the public benefit to be derived from such conveyance;

(d) Officers and Agents. To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their compensation;

(e) Electric Power. To acquire, by purchase or otherwise, in whole or in part, as aforesaid, and to place into operation and operate or cause to be placed into operation and operated, either as owner of all (or of any part in common with others) or as agent, electric generation and transmission lands, works, facilities, and projects; to provide, by sale or otherwise, an adequate, dependable, and economic electric power sup ply to political subdivisions of the State of Georgia contracting with the Authority pursuant to authority of Section 27, hereof, and, through such political subdivisions, to the members of the public in the areas served by them, and, as agent for such political subdivisions, to secure power supply contracts and arrangements with other persons. The Authority shall, also, have the power, which may be exercised either as principal or agent, to manufacture, generate, store, and transmit elec tric current for light, heat, power, and energy; to manufacture, buy, sell, import, export, lease, or otherwise acquire and generally deal in electrical apparatuses of all kinds and machinery and devices and nuclear or fossil fuels for the manufacture, generation, storage, and transmission of electric current for light, heat, power, and energy; to purchase power at retail or wholesale from any other person; and to purchase or construct part of the capacity of generation or transmission projects sponsored and owned by or in common with others, making any such purchase at wholesale or retail within or without the State of Georgia; to contract for the purchase of power and energy from, or the sale of power and energy to, the United States of America and electric utility systems either privately or publicly owned, within or without the State of Georgia; to execute long or short term power

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purchase or sale contracts on terms which may include agreements with respect to resale rates and the disposition of revenues; to interchange, exchange, and purchase power and energy from any person; to erect, buy, lease, or otherwise acquire, operate, and maintain electric lighting, heating, and power projects; to transmit power both for itself and on behalf of others; to erect, buy, sell, lease, or otherwise acquire, maintain, and operate or cause to be maintained and operated plants, underground subways, conduits, poles, and wires above, upon, and under the streets, alleys, lands, and territories of political subdivisions, public or private corporations, or individuals, and to continue to sell electric power to political subdivisions of the State of Georgia which are authorized to contract with the Authority pursuant to the provisions of Section 27, hereof, and to other persons and entities and, as agent for any or all of the same, to make power and energy otherwise available to them through arrangements with other persons, all in the exercise of the powers of the Authority and to effectuate the purposes of this Act;

(f) Contracts. To contract with the State of Georgia and its agencies, instrumentalities, departments, and with those political sub divisions of the State which are authorized to contract with the Au thority pursuant to the provisions of Section 27, hereof, and with private persons and corporations including contracts for construction of proj ects which contracts for construction may be made either as sole owner of the project or as owner in common with other public or private per sons, of any dividend or undivided interest therein;

(g) Agreement Relating to Construction, Operation, and Mainte nance. To exercise any one or more of the powers, rights, and privileges conferred hereby either alone or jointly or in common with one or more other parties or utilities, public or private. In any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of electric generation or transmission facilities, the Authority may own an un divided interest in such facilities with any other party or parties, public or private. The Authority may enter into an agreement or agreements with respect to any such electric generation or transmission facility with the other party or parties participating therein, and any such agreement may contain such terms, conditions and provisions consistent with the provisions of this Act as the parties thereto shall deem to be in their best interests. Any such agreement may include, but need not be limited to, provisions for the construction, operation, and maintenance of such electric generation or transmission facility by any one or more of the parties to such agreement which party or parties shall be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto or by such other means as may be determined by the parties thereto, and may include provisions for a method of methods of determining and allocating, among or between the parties, costs of construction, operation, maintenance, renewals, replacements, improvements and disposals with respect to such facility. In carrying out its functions and activities as such agent with respect to construction, operation and maintenance of such a facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties.

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Notwithstanding anything contained in any other law to the contrary, pursuant to the terms of any such agreement the Authority may delegate its powers and duties with respect to the construction, operation, and maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be made binding upon the Authority without further action or approval by the Authority;

(h) Gifts, Grants, and Disposal of Property. To accept, receive, and administer gifts, grants, appropriations, and donations of money, mate rials, and property of any kind, including loans and grants from the United States of America or the State of Georgia or any agency, department, authority, or instrumentality of either upon such terms and conditions as the United States of America, the State of Georgia, or such agency, department, authority, or instrumentality shall impose, and to administer trusts, and to sell, lease, transfer, convey, appropriate, and pledge, any and all of its property and assets;

(i) Investment. To invest any accumulation of its funds and any sinking fund or reserves in any manner that public funds of the State of Georgia or its political subdivisions may be invested and to purchase its own bonds and notes:

(j) General. To do any and all things necessary or proper for the accomplishment of the objectives of this Act and any amendments here to and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this State, including employment of professional and ad ministrative staff and personnel and retaining of legal, engineering, and other professional services, the purchasing of all kinds of insurance including, without limitation, insurance against tort liability and against risks of damage to property, including the power to borrow money for any of the corporate purposes of the Authority, provided, however, that obligations of the Authority other than revenue bonds, for which provision is herein made, shall be payable from the general funds of the Authority and shall not be a charge against any special fund allocated to the payment of revenue bonds, and including the power to indemnify and hold harmless any parties contracting with the Authority or its agents from damage to persons or property and the power to act as self-insurer with respect to any loss or liability;

(k) Revenue Bonds. To issue its revenue bonds as hereinafter provided in evidence of its indebtedness incurred with respect to the powers above described payable from the revenues, receipts, and earnings of the projects of the Authority and other available funds thereof, to execute trust agreements or indentures; to sell, convey, pledge, and assign any and all of its funds, assets, property, and income as security for the payment of such revenue bonds and to provide for the payment of the same and for the rights of the owners thereof.

Section 8. Issuance of Revenue Bonds.
(a) Security for Bonds. When the Authority shall desire to issue revenue bonds as permitted by this Act, the Authority shall, prior to the

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adoption of a resolution authorizing the issuance of such bonds, enter into one or more contracts with no less than five political subdivisions which are authorized to contract with the Authority in accordance with the provisions of Section 27, of this Act. All such contract or contracts shall be in accordance with the provisions of Section 17, hereof.

(b) Procedure for Authorization of Bonds. The acquisition, construc tion, reconstruction, improvement, equipment, alteration, repair, or extension of any project, and the issuance, in anticipation of the col lection of the revenues from such project, of bonds to provide funds to pay the cost thereof, may be authorized under this Act by resolution or resolutions of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining such cost may include all costs and estimated costs of the issuance of said bonds; all engineering, inspection, fiscal, and legal expenses, and interest which it is estimated will accrue during the construction period and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation on money borrowed or which it is estimated will be borrowed pursuant to this Act, and all costs included in the definition of "cost of project" as herein defined. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligation of any nature owed by the Au thority, whether or not such bonds or other obligations shall then be subject to redemption, and the Authority may provide for such arrange ments as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced.
(c) Bond Provisions. Revenue bonds may be issued under this Act in one more series; may bear such date or dates; may mature at such time or times, not exceeding 50 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form either coupon or fully registered without coupons; may be issued in any specific amounts; may carry such registration, conversion, and exchange ability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority, and may contain such other terms, convenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The Authority may sell such bonds in such manner, at such price or prices, and upon such terms and conditions as shall be determined by the Authority.

(d) Execution of Bonds. The bonds shall be signed by the Chairman of the Authority and the corporate seal of the Authority shall be thereunto impressed, imprinted, or otherwise reproduced and attested by the signature of the Secretary-Treasurer of the Authority. The signatures of the officers of the Authority and the seal of the Authority upon any bond, note, or other debt security issued by the Authority may be by facsimile if the instrument is authenticated or countersigned by a trustee other than the Authority itself or an officer or employee of the

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Authority. All bonds or notes issued under authority of this Act bearing signatures or facsimiles of the signatures of officers of the Authority in office on the date of the signing thereof shall be valid and binding notwithstanding that before the delivery thereof, and payment therefor, such officers whose signatures appear thereon shall have ceased to be officers of the Authority. Pending the preparation of the definitive bonds, interim receipts, in such form and with such pro visions as the Authority may determine, may be issued to the purchaser or purchasers of bonds to be under this Act.

(e) Covenants in Resolutions. Any bond resolution authorizing the issuance of bonds and any indenture or trust agreement entered into under this Act to finance in whole or in part the acquisition, construc tion, reconstruction, improvement, equipment, alteration, repair, or extension of any project may contain covenants, as to:

(1) The rates, fees, tolls, or charges to be charged for the services, facilities, and commodities of said project;

(2) The use and disposition of the revenue to be derived from said project;

(3) The creation and maintenance of reserves or sinking funds and the regulation, use and disposition thereof, including debt service reserve, renewal and replacement or other capital improvement reserve, including reserves for the provision of fuel, and such other reserves as may be reasonably required by the Authority for the operation of its projects and as may be authorized by the bond resolution or trust agreement or indenture pursuant to which the issuance of such bonds may be au thorized.

(4) The purpose or purposes to which the proceeds of the sale of said bonds may be applied, and the use and disposition of such proceeds;

(5) Events of default and the rights and liabilities arising there upon, the terms and conditions upon which bonds issued under this Act shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived;

(6) The issuance of other additional bonds or instruments payable from or a charge against the revenue of such project;

(7) The insurance to be carried thereon, and the use and disposition of insurance proceeds;

(8) Books of account and the inspection and audit thereof;

(9) Limitations or restrictions as to the leasing or otherwise dis posing of the project while any of the bonds or interest thereon remain outstanding and unpaid; and

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(10) The operation and maintenance of the project and of the Authority.

(f) Act Constitutes a Contract. The provision, of this Act and of any such bond resolution, indenture, or trust agreement shall be a con tract with every holder of said bonds; and the duties of the Authority under this Act and under any such bond resolution, indenture, or trust agreement shall be enforceable by any bond holder by mandamus or other appropriate suit, action, or proceeding at law or in equity.

(g) Notice to district attorney. The Authority shall give notice to the district attorney of the Atlanta judicial circuit of its intention to issue its revenue bonds, setting forth service of such notice, the principal amount of bonds to be issued, the purpose for which the same are issued, whether the bonds are to be issued in separate series or installments from time to time, the interest rate or rates which such bonds are to bear, the amount of principal to be paid in each year during the life of the bonds or the method or formula by which such amounts shall be determined, the date by which all bonds are to be paid in full, and the security to be pledged to the payment of said bonds; provided, however, that said notice, in the discretion of the Authority, in lieu of specifying the rate or rates of interest which said bonds are to bear, may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest specified in the notice or that in the event the bonds or any series or installment thereof are to bear different rates of interest for different maturity dates that none of such rates will exceed the maximum rate specified in the notice, provided, further, however, that nothing contained herein shall be con strued as prohibiting or resticting the right of the Authority to sell said bonds at a discount, event if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in the notice to the district attorney. Such notice, signed by the chairman, vice chairman, or secretary-treasurer, shall be served upon the district attorney of the Atlanta judicial circuit.
(h) District Attorney to File Suit. Within 20 days from the date of service of the required notice, the district attorney shall prepare and file in the office of the clerk of the Superior Court of Fulton County a complaint directed to the Fulton Superior Court in the name of the State, and against the Authority, setting forth service of such notice, the amount of the bonds to be issued, for what purpose to be issued, whether the bonds are to be issued in separate series or installments from time to time, what interest rate or rates they are to bear, or the maximum rate or rates of interest, how much principal and interest is to be paid annually or the method or formula by which the amount of such payments shall be determined, and the date by which all bonds are to be paid in full; and shall obtain from the judge of the said court an order requiring the Authority by its proper officers to appear at such time and place either in term or chambers within 20 days from the filing of the complaint, as the judge may direct, and show cause, if any exist, why the bonds should not be confirmed and validated. Such complaint and order shall be served upon the Authority in the manner provided by law, and to such complaint the Authority shall make sworn answer at or before the date set in said order for said hearing.

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(i) Notice of hearing. Prior to the hearing of said cause, the clerk of the Superior Court of Fulton County shall publish in a newspaper once during each of the two successive weeks immediately preceding the week in which the hearing is to be held, a notice to the public that on the day specified in order providing for the hearing of said cause the same will be heard. Such newspaper shall be the official organ of Fulton County in which the sheriff's advertisements appear.

(j) Trial of case, parties, judgment, appeal. Within the time pre scribed in the order, or such further time as he may fix, the judge of said Superior Court shall proceed to hear and determine all questions of law and of fact in said cause, including the question of whether the contractual obligations have been properly incurred which contractual obligations are made a condition precedent to the issuance of such bonds by the provisions of Section 8(a), of this Act, and shall render judgment thereon. Any citizen of this State may become a party to said proceedings at or before the time set for the hearing, and any party thereto dissatis fied with the judgment of the court confirming and validating the is suance of said bonds, or refusing to confirm and validate the issuance of said bonds, and the security therefor may appeal from said judgment under the procedure provided by law as codified in Ga. Code Ann., Ch. 6-8. No appeal may be taken by any person who was not a party at the time the judgment appealed from was rendered.

(k) Judgment conclusive. In the event no appeal is filed within 30 days of the date of the judgment of validation, or, if filed, the judgment shall be affirmed on appeal, the judgment of the Superior Court, so confirming and validating the issuance of said bonds and the security therefor, shall be forever conclusive upon the validity of said bonds and the security therefor.

(1) Validation Certificate. Bonds, when issued under the provisions of this Act, shall bear a certificate of validation signed with the facsimile or manually executed signature of the clerk of the Fulton County Superior Court stating the date on which said bonds were vali dated as herein provided and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this State.

(m) Costs. The Authority shall reimburse the district attorney for his actual costs of said case, if any. The fees payable to the clerk of the Fulton County Superior Court for validation and confirmation shall be as follows:

For every $5,000 in principal amount of bonds or portion thereof:

First $500,000 $501,000 -- $2,500,000 All over $2,500,000

$1.00 .25 .10

(n) Civil claims and suits. Any other provisions of law to the contrary notwithstanding, the provisions of this Act shall govern all civil claims, suits, proceedings, and actions respecting debt of the Au thority evidenced by such bonds.

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Section 9. Validation of Contracts.
When payments required by the provisions of Section 8(a), of this Act, to be made by any political subdivisions authorized by the provisions of Section 27, of this Act, to contract with the Authority, are pledged as security for the payment of bonds sought to be validated, the petition for validation shall make party defendant the said Authority and shall also make parties defendant to such action every political subdivision which has contracted with said Authority for the use of the facilities, commodities, and services of the project for which bonds shall be sought to be validated and issued. Also, every other party, public or private, contracting with the Authority in any manner with relation to the opera tion of such project, and particularly with relation to any common ownership of such project or to the supplying of electric energy to the Authority or the taking or purchase of electric energy from the project, shall be made parties defendant, and all such parties defendant shall be served and shall be required to show cause, if any exists, 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 deter mined and the matters and conditions imposed on the parties to such contract or contracts and all such undertakings thereof adjudicated to be valid and binding on the parties thereto. Notice of such proceedings shall be included in the notice of validation hearing heretofore required to be issued and published by the clerk of the Fulton Superior Court and, in addition to such notice heretofore required to be published in Fulton County, such notice shall also be published in the newspaper in which sheriff's advertisements are published once a week during each of the two successive weeks immediately preceding the week of the hearing in each county in which any portion of any of said defendant political subdivisions shall lie. Any citizen resident of this State may intervene in the validation proceedings which shall be conducted in the Fulton Superior Court, as aforesaid, at or before the time set for the validation hearing and assert any ground or objection to the validity and binding effect of such contract on his own behalf and on behalf of any political subdivision and of all citizens, residents, and property owners of the State. No appeal may be taken by any person who was not a party at the time the judgment appealed from was rendered. An adjudication as to the validity of any such contract, unexcepted to within 30 days of the date of the judgment of validation, or if an appeal is filed, which shall be confirmed on appeal, shall be forever conclusive and binding upon such political subdivisions and the resident citizens and property owners of this State.

Section 10. Failure of District Attorney to File Proceedings.
In all cases where the Authority shall have adopted a resolution for the issuance of revenue bonds, and where notice has been duly served upon the district attorney for the purpose of securing a judicial valida tion of such bonds and the security therefor, and where, in such case, there has been a failure on the part of such district attorney or other officer to proceed within the time prescribed by this Act, it shall be competent for the Authority to represent such facts in writing to the court, and to represent further that such failure has been without fault on the part of the Authority. In such case it shall be the duty of the court, and it shall have power and authority to inquire into the facts

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and, upon being satisfied that such failure has not arisen from any fault or neglect on the part of the Authority, to pass an order directing such district attorney to proceed within 10 days to file a complaint as authorized by this Act, and thereafter the proceedings shall be held in the same manner as would have been followed had such petition been duly and promptly filed in the first instance.

Section 11. Further Provisions of Bonds.
(a) Destroyed Bonds. If any bond becomes mutilated or is lost, stolen, or destroyed, the Authority may execute and deliver a new bond of like date of issue, maturity date, principal amount, and interest rate per annum as the bond so mutilated, lost, stolen, or destroyed which new bond shall have attached thereto coupons corresponding in all respects to those, if any, on the bond mutilated, lost, stolen, or destroyed, provided that (1) in the case of any such mutilated bond, such bond together with all unmatured coupons appertaining thereto is first surrendered to said Authority, (2) in the case of any such lost, stolen, or destroyed bond, there is first furnished evidence of such loss, theft, or destruction satisfactory to said Authority together with indemnity satisfactory to said Authority, (3) all other reasonable requirements of the Authority are complied with, and (4) expenses in connection with such transaction are paid. In the event any coupon is mutilated, lost, stolen, or destroyed, said Authority may issue a duplicate coupon upon the same terms and conditions as those provided for the replacement of mutilated, lost, stolen, or destroyed bonds. Any bond or coupon surrendered for exchange shall be cancelled. The Authority shall be authorized to print the new bond with the validation certificate bearing the facsimile signature of the clerk of the Superior Court then in office and such certificate shall have the same force and effect as in the first instance. All responsibility with respect to the issuance of any such new bonds shall be on the Authority and not on said clerk, and said clerk shall have no liability in the event an over-issuance occurs.
(b) Interest. Interest shall cease to accrue on any bond on the date that such bond becomes due for payment if said payment is made or duly provided for, but liability for such bond and for the accrued interest thereon shall continue until such bond is 20 years overdue for payment. At that time, unless demand for payment has been made, such obligation shall be extinguished and shall be deemed no longer outstanding.
(c) Cancellation. Unless otherwise directed by the Authority, every evidence of indebtedness and interest coupon paid or otherwise retired shall forthwith be marked "cancelled" and shall be delivered by the paying agent making payment thereof to the Authority where the same shall be destroyed and a certificate of destruction shall be filed in the records of the Authority.
(d) Records. The fiscal officer of the Authority or his agent shall maintain records containing a full and correct description of each evi dence of indebtedness issued, identifying it and showing its date, issue, amount, interest rate, payment dates, payments made, registration, cancellation, destruction, and every other relevant transaction.

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(e) Paying Agent. The Authority may appoint one or more paying agents for each issue or series or installment of bonds. Every such pay ing agent shall be an incorporated bank or trust company authorized by the laws of the United States or of the state in which it is located to do a banking or trust business. The Authority may make such provisions
respecting paying agents as it deems necessary or useful and may enter into a contract with any paying agents containing such terms, including its compensation, and conditions in regard to the paying agents as it deems necessary or useful.

(f) Audits. The Authority together with all funds established in connection with its debt shall be audited no less frequently than annually by an independent certified public accountant to be selected by the Authority. Copies of such audit shall be available upon request to inter ested parties including, specifically but without limitation, the holders of the Authority's bonds and all parties contracting with the Authority.

Section 12. Rates and Charges.
The Authority shall not operate or construct any project for profit except insofar as any such profit will inure to the benefit of the public. It shall fix rates, fees, and charges consistent with this declaration of policy such as will produce revenues only in amounts sufficient, together with all other funds of the Authority, to pay principal and interest on bonds and obligations of the Authority, to provide for maintenance and operation of the Authority and of its project or projects, and to maintain such reserves as shall have been created in amounts sufficient in the judgment of the Authority for the security of the bonds and for the im provement, replacement, or expansion of the facilities or services of the Authority or to provide fuel for its generating projects.

Section 13. Immunity from Liability.
(a) Authority Members. Neither the members of the Authority nor any person executing bonds or notes on behalf of the Authority shall be personally liable thereon by reason of the issuance thereof.

(b) Credit Not Pledged. Neither the revenue bonds nor notes issued under provisions of this Act nor the instruments evidencing the obliga tions which constitute the security therefor shall constitute a debt or a loan or pledge of the faith and credit of the State of Georgia or of any political subdivision thereof, but such bonds and notes shall be payable from the revenues of the Authority as provided in the resolutions or trust agreements or indentures authorizing or securing the issuance and payment of such bonds or notes. The issuance of such bonds or notes shall not obligate the State or any political subdivision thereof to levy or pledge any form of taxation whatever for the payment thereof. No owner of any such bond or notes or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State or of any political subdivision thereof nor shall any such bond or note constitute a charge, lien, or encumbrance, legal or equitable, upon any such property.

(c) Recital. All such bonds and notes shall contain on their face a

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recital setting forth the complete immunity of the State and any such political subdivisions from liability thereon which recital shall contain substantially the foregoing provisions of this section.

Section 14. Right to Receivership upon Default.
(a) Receiver. In the event that the Authority shall default in the payment of the principal or interest on any of the revenue bonds after the same shall become due, whether at maturity or upon call for re demption, and such default shall continue for a period of 30 days, or in the event that the Authority or the officers, agents, or employees thereof shall fail or refuse to comply with the essential provisions of this Act or shall default in any material respect in any agreement made with the holders of the revenue bonds, any holders of revenue bonds, or trustee therefor, shall have the right to apply in an appropriate judicial pro ceeding to the Fulton Superior Court for the appointment of a receiver of the undertaking, whether or not all revenue bonds have been declared due and payable and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right or exercise any remedy in connection with such revenue bonds. Upon such application the Supe rior Court, if it deems such action necessary for the protection of the bondholders, may appoint and, if the application is made by the holders of 25 percent in principal amount of such revenue bonds then outstand ing or any trustee for holders of such revenue bonds in such principal amount, shall appoint a receiver for the undertaking.

(b) Duties of Receiver. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the project or of such portion thereof or interest therein as is owned by the Authority and, if the court so directs, may exclude the Authority, its officers, agents, and employees and all persons claim ing under them wholly therefrom and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and, in the name of the Authority or otherwise, as the receiver may deem best, shall exercise all the rights and powers of the Authority with respect to the undertaking as the Authority itself might do. Such receiver shall maintain, restore, insure, and keep insured the project or such portion or interest therein as is owned by the Authority and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient and shall establish and maintain rates and collect such fees, tolls, and other charges in connection with the project as such re ceiver may deem necessary or proper and reasonable and shall collect and receive all revenues and shall deposit the same in a separate account and apply such revenues so collected and received in such manner as the court shall direct; Provided, however, that the foregoing duties of the receiver so appointed shall be performed in a manner consistent with any and all existing contractual arrangements to which the Authority may be a party, and the powers of the receiver shall be no greater than the powers of the Authority.
(c) Termination of receivership. Whenever all that is due upon the revenue bonds, and interest thereon, and upon any other notes, bonds, or other obligations, and interest thereon, having a charge, lien, or encum brance on the revenues of the project under any of the terms of any

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covenants or agreements with holders of revenue bonds shall have been cured and made good and it shall appear to the court that no default is imminent, the court shall direct the receiver to surrender possession of the project to the Authority, and the same right of the holders of the revenue bonds to secure the appointment of a receiver shall exist upon any subsequent default as hereinabove provided.

(d) Court's jurisdiction. Such receiver shall in the performance of the powers hereinabove conferred upon him, act under the direction and
supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.

Section 15. Negotiability.
Every evidence of indebtedness issued under the provisions of this Act shall have all the rights and incidences of negotiable instruments, subject to provisions for registration, anything in law to the contrary notwithstanding.

Section 16. Legal Investments.
The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all political subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, build ing and loan associations, investment companies, and other persons carry ing on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obliga tions of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made _ securities which may be deposited with and shall be received by all public officers and bodies of this State and all political subdivisions for any purpose for which deposit of the bonds or other obligations of this State is now or may hereafter be authorized.

Section 17. Contracts for use of Projects.
Said Authority may contract with any political subdivision of this State which is authorized by the provisions of Section 27, of this Act, to make such contracts for the payment of such rates, tolls, fees, and charges, as may be prescribed by the Authority for the use by such sub divisions or the residents thereof of the services and facilities of the project or projects and facilities of the Authority, and any such political subdivision shall have and hereby is given the right and power by resolu tion of its governing body, to make such contract, and the amounts contracted to be paid by such political subdivision to the Authority under such contract or contracts entered into pursuant to the provisions of this Act shall constitute general obligations of such political subdivision for the payment of which the full faith and credit of such political sub-

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division may be pledged to provide the funds required to fulfill all obligations arising under any such contract. Any such political sub division which shall have entered into such a contract pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such political subdivision are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet the obligations of such contract as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract, and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure. Such fiscal officers shall make such payment to the Authority if for any reason such appropriation is not otherwise made, and any such political subdivision may obligate itself and its successors to use only such project and none other.

Section 18. Revenue.
(a) Rates. For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the Authority with revenue bonds, the Authority is authorized and em powered to fix and revise rates and collect fees, tolls, and charges on each project which it shall cause to be acquired or constructed. Such rates, fees, tolls, and charges to be paid for the use of the facilities or services of such project or projects shall be so fixed and adjusted from time to time as to provide a fund sufficient with other revenue, if any, of such project or projects or of said Authority:

(1) To pay the costs of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs, reserves for fuel and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such costs shall be otherwise provided for; the cost of operating and conducting the business of the Authority, including salaries, fees for professional services, including legal, engineering, and others, and all expenses properly relating to the conduct of the affairs of the Authority; the cost of power, whether generated by the Authority or acquired from others, and all other costs associated with the operation of the Authority and its projects and facilities;
(2) To pay the principal of and interest on such revenue bonds, as the same shall become due, including call premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects, which costs shall include all elements of cost authorized by the provisions of this Act, including acquisition of property, real and personal, and any interest in property, clearing and preparing land for

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the purposes hereof, architectural, engineering, financial, and legal services, construction of projects authorized hereby, administrative ex penses, funds for initiating the operation of the project, and interest prior to and during construction and during such period of time there after as may be reasonably determined by the Authority necessary to put the project into operation;

(3) To comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds;

(4) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged;
(5) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds, and
(6) To pay any expenses in connection with such bond issue or such project or projects including but not limited to trustees and fiscal fees.
(b) Payment of charges. Such rates, fees, tolls, and charges shall be payable at such intervals as may be agreed upon and set forth in the contract providing therefor and any such contract may provide for the commencement of payments not necessarily based directly on rates, to the Authority prior to the completion of the undertaking by the Au thority of any such project, and it may provide for the making of pay ments during such times as such project or projects may be partially or wholly not in use and whether or not the project has been completed, is then operable, or is operating, and may provide that such payments shall not be subject to any reduction whether by offset or otherwise and shall not be conditioned upon the performances or nonperformance by any party of any agreement.

(c) Indemnity. Such contract may obligate the political subdivision to indemnify and save harmless the Authority from any and all damage to persons and property occurring on or by reason of the project and to undertake, at the expense of the political subdivision or corporation, the defense of any action brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the project.

(d) Enforcement of performance. In the event of any failure or refusal on the part of the political subdivision to perform punctually any covenant or obligation contained in any such contract, the Authority may enforce performance by any legal or equitable process, including specific performance.

(e) Assignment to trustee. The Authority shall be permitted to assign any payments due or to become due to the Authority, pursuant

FRIDAY, FEBRUARY 21, 1975

7%

to any such contract, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds.

(f) Use of revenue. The use and disposition of the Authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same.

Section 19. Pledge of Revenues.
All or any part of the gross or net revenues and earnings derived from any particular project or projects and any and all revenues and earnings received by the Authority, regardless of whether or not such revenues and earnings were produced by a particular project for which bonds have been issued, may be pledged by the Authority to the payment of the principal of and interest on revenue bonds of the Authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument, which sinking funds may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent or registrar for such bonds, and (4) any premium upon bonds retired upon call or purchase, and the use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instru ment or indenture securing the payment of the same.

Section 20. Trust Agreement.
In the discretion of the Authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the Authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the Authority and any proceeds which may be derived from the disposition of any real or personal property of the Authority or proceeds of insurance carried thereon. The resolution providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting and en forcing the rights and remedies of the bond owners, including the right of appointment of a receiver upon default in the payment of any princi pal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, tolls, charges, or revenues for the use of the services or facilities of the project necessary to pay all costs of operation and all reserves provided for, the principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the Authority. Such resolution and trust agree ment or indenture may include covenants setting forth the duties of the Authority in relation to the acquisition of property for and construction

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of the project and to the custody, safeguarding, and application of all funds of the Authority, including any proceeds derived from the disposi tion of any real or personal property of the Authority or proceeds of
insurance carried thereon, and covenants providing for the operation, maintenance, repair, and insurance of the project and may contain pro visions concerning the conditions, if any, upon which additional bonds may be issued. Such resolution and trust agreement or indenture may set forth the rights and remedies of the bond owners and of the trustee and may restrict the individual right of action of any bond owner as is customary in securing bonds and debentures of.. corporations and may contain such other provisions as the Authority may deem reasonable and proper for the security of the bond owners. All expenses incurred in carrying out such trust may be treated as a part of the cost of mainte nance, operation, and repair of the project affected by such trust.

Section 21. Proceeds of Bonds.
Proceeds of the bonds issued under authority of this Act shall be used solely for the payment of the costs of the project or combined projects, and shall be disbursed upon requisition or order of such person and under such restrictions as the resolution authorizing the issuance of such bonds or the trust agreement or indenture may provide. If the pro ceeds of such bonds, including all series or installments of such issue, by error of calculation or otherwise, shall be less than the cost of the project or combined projects, unless otherwise provided in the resolution autho rizing the issuance of the bonds or in the trust agreement or indenture, additional bonds may in like manner be issued, subject to the require ments of Section 8 (a), hereof, to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust agreement or indenture, shall be deemed to be of the same issue 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 fund provided for the payment of principal and interest of such bonds. In the discretion of the Author ity, revenue bonds of a single issue or series or installment of such issue may be issued for the purpose of paying the cost of any one or more projects, including a combination of projects.

Section 22, Bond Anticipation Notes.
The Authority shall have the power and is hereby authorized, when ever revenue bonds of the Authority shall have been validated as afore said, to issue, from time to time, its negotiable notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The Authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. Any resolution or resolutions authorizing notes of the Authority or any issue thereof may contain any provisions which the Authority is authorized to include in any resolu tion or resolutions authorizing bonds of the Authority or any issue thereof, and the Authority may include in any notes any terms, covenants,

FRIDAY, FEBRUARY 21, 1975

777

or conditions which it is authorized to include in any bonds. All notes shall be general obligations of the Authority payable out of any of its funds or revenues, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding, provided, how ever, that there may be specially pledged to the payment of such notes the proceeds to be derived from the issuance of the validated bonds in anticipation of the issuance of which notes shall have been issued. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.

Section 23. Trust Funds.
All funds received pursuant to authority of this Act, whether as proceeds from the sale of revenue bonds or as revenues, fees, tolls, charges, or other earnings or as gifts, grants, or other contributions, shall be deemed to be trust funds to be held and applied solely as pro vided in this Act, and the bond owners entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided in any such resolution, trust agreement, or indenture of the Authority.

Section 24. Venue of Actions, Jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act brought in the courts of the State of Georgia, shall be brought in the Superior Court of Fulton County, Georgia, and any action pertain ing to validation of the bonds issued under the provisions of this Act and of the contracts constituting the security for bonds shall be brought in said court which shall have exclusive original jurisdiction of such action, provided, however, that any action on any contractual obligation brought against the Authority by any political subdivision contracting with the Authority may be brought in the county containing all or the largest part of the area of the political subdivision involved or in Fulton County at the option of the party bringing the action.

Section 25. Open Meetings.
Meetings of the Authority shall be subject to the provisions of Ga. L. 1972, p. 577, codified in Ga. Code Ann., Ch. 40-33, and to the provisions of Ga. L. 1959, p. 88, codified in Ga. Code Ann., Ch. 40-27.

Section 26. Public Service Commission Law not Applicable.
The rates, services, and practices relating to the generation, trans mission, and sale by the Authority of power to be generated from the projects authorized by this Act shall not be subject to the provisions of the Georgia Public Service Commission law nor to regulation by nor jurisdiction of the Georgia Public Service Commission.

Section 27. Political Subdivisions.
Political subdivisions with which the Authority shall be authorized to contract, pursuant to the provisions of this Act to provide an electric

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power supply, shall be those political subdivisions of the State of Georgia which, on the date on which this Act becomes law, own and operate an electric distribution system, provided, however, that the Authority shall also be authorized to make such contracts with political subdivisions located within the area which, on the effective date of this Act, is sup plied by Savannah Electric and Power Company.
Section 28. Construction.
This Act, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof.
Section 29. Powers Declared Supplementary.
The provisions of this Act shall be regarded as supplementary and additional to and cumulative of powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing.
Section 30. Irrevocable Contract.
While any of the bonds or notes issued by the Authority shall re main outstanding, the powers, duties, or existence of the Authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner which will affect adversely the interest and rights of the owners of such bonds or notes, and no other authority, instru mentality, or body will be created or empowered to compete with the Authority so as to affect adversely the interests and rights of the owners of such bonds or notes nor will the State, itself, so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority, and every owner of the Authority's bonds and notes and, upon and after the issuance of bonds or notes under the provisions of this Act, shall constitute an irrevocable contract by the State with the owners of such bonds and notes.

Section 31. Severability, Inconsistent Laws Superseded.
The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions, and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act or the application thereof to any person or circum stance is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Whenever any provision of law shall be found to be in conflict with the provisions of this Act or inconsistent with the purposes hereof, such conflicting law shall be deemed to be superseded, modified, or repealed by the provisions of this Act as the case may require.

Section 32. Effective Date.
This Act shall be effective immediately upon its approval by the Governor or upon its becoming law without his approval, without regard to the provisions of Ga. L. 1968, p. 1364, as amended, codified in Ga. Code Ann., Sec. 102-111.

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779

Section 33. Repeal.
All laws and parts of laws in conflict with this Act are hereby re pealed.

Senator Brown of the 47th offered the following amendment to the committee substitute:
Amend the committee substitute to HB 31 by adding on Page 22, line 30, a new sentence immediately following the first sentence of sub section (d) of Section 8, to read as follows:
"The coupons shall be signed in such manner as may be directed by the Authority.";
and
By adding on Page 33, line 2, between the word and comma "there of," and the word "but" in the first sentence of subsection (b) of Section 13, the following:
"other than the Authority,";
and
By adding on Page 33, line 12, between the word "thereof" and the word "nor" in the last sentence of subsection (b) of Section 13, the following:
", other than the Authority,",
and
By striking on Page 39, line 14, the word "rental" in paragraph (4) of subsection (a) of Section 18, and inserting in lieu thereof the word "revenue".

On the adoption of the amendment, the yeas were 34, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 37, 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, the President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Tate Thompson Timmons Traylor Turner Tysinger Warren

Voting in the negative were Senators Hudgins, Pearce and Sutton.

Those not voting were Senators:

Dean of 6th Duncan Fincher

Holley Russell

Summers Young

On the passage of the bill, the yeas were 46, nays 3.

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

Senator McDowell of the 2nd moved that the Senate disagree to the Report of the Committee which was adverse to the passage of the following bill of the Senate:

SB 192. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to amend the "Coastal Marshlands Protection Act of 1970", ap proved Mar. 27, 1970 (Ga. Laws 1970, p. 939), as amended, so as to change certain definitions.

The President stated that the question before the Senate was upon the agree ment to the report of the committee which was unfavorable to the passage of the bill.

On the motion, Senator Coverdell of the 40th called for the yeas and nays; the call was sustained, and the vote was as follows:

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781

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Foster

Garrard Gillis Hamilton Hill
Howard Hudgins Kennedy Langford Lewis McDuffie McGill Overby

Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Traylor Tysinger Warren Young

Those voting in the negative were Senators:

Barker Bond Hamilton of 34th Holloway Hudson

Kidd Lester McDowell Sutton

Tate Thompson Timmons Turner

Those not voting were Senators:

Dean of 6th Duncan

Fincher Holley

Russell Summers

On the motion, the yeas were 37, nays 13, and the adverse committee report was sustained.

Senator Riley of the 1st 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 at 12:45 o'clock P. M.

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Senate Chamber, Atlanta, Georgia Monday, February 24, 1975

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 substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 111. By Senator Holloway of the 12th: A bill to amend Code Section 47-107, relating to the salary and allow ances of members of the General Assembly, as amended, so as to provide for compensation for the Administration Floor Leader and Assistant Floor Leaders of the Senate and Administration Floor Leader and Assistant Administration Floor Leaders of the House of Representatives.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
HB 454. By Representatives Wood, Whitmire and Jackson 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, at least one-half of the total amount thereof shall be paid by August 1; and the balance shall be paid by December 1.
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
HB 176. By Representatives Lee, Bailey, Johnson and West of the 72nd: A bill to amend an Act creating the State Court of Clayton County so as to change the salary of the judge of said court; to prohibit the judge from engaging in the private practice of law.

MONDAY, FEBRUARY 24, 1975

783

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

HB 684. By Representative Reaves of the 147th:
A bill to amend an Act amending, revising, superseding and consolidating the laws creating and governing the Board of Commissioners of Echols County so as to change the compensation of the members of the Board of County Commissioners of Echols County.

HB 685. By Representative Reaves of the 147th:
A bill to amend an Act placing the Sheriff of Echols County on an annual salary in lieu of the fee system of compensation so as to change the maximum amount, which the sheriff may receive as salary.

HB 786. By Representative Hatcher of the 131st:
A bill to abolish the office of Treasurer of Baker County; to provide that the Board of Commissioners of Baker County shall appoint deposi tories for county funds.

HB 787. By Representative Hatcher of the 131st:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Baker County into the office of Tax Commissioner of Baker County.

HB 802. By Representatives Evans of the 99th, Pinkston of the 100th, Banks of the 104th and others:
A bill to provide for the compensation of the Mayor, Councilmen and Recorder of the municipality of Payne City.

HB 803. By Representatives Evans of the 99th, Pinkston of the 100th, Bowman of the 103rd and others:
A bill to change the frequency and date of elections for the offices of Mayor, Councilmen and Recorder of the municipality of Payne City.

HB 809. By Representative Clifton of the 107th:
A bill to amend an act creating the office of Tax Commissioner of Candler County so as to change the provisions relating to clerical and other personnel of the Tax Commissioner and their compensation.

HB 810. By Representative Clifton of the 107th:
A bill to amend an Act establishing the State Court of Candler County (formerly the City Court of Metter), so as to change the compensation of the judge and solicitor of said court.

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HB 811. By Representative Clifton of the 107th:
A bill to amend an Act creating a Board of Commissioners of Candler County so as to change the provisions relating to the compensation of the Chairman, Members of the Board, the Clerk of the Board of Com missioners.

HB 812. By Representative Clifton of the 107th:
A bill to amend an Act placing the Clerk of the Superior Court of Candler County on an annual salary in lieu of the fee system of compen sation so as to change the provisions relating to clerical and other per sonnel of the clerk of the superior court and the compensation for such personnel.

HB 813. By Representative Clifton of the 107th:
A bill to amend an Act placing the Judge of the probate Court of Candler County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the judge of the probate court.

HB 816. By Representatives Taggart of the 125th, Gignilliat of the 122nd, Jones of the 126th and others:
A bill to amend an Act fixing the compensation of a certain official in all counties having a population of not less than 185,000 nor more than 190,000 so as to change the provisions relative to compensation of the clerks of superior courts in such counties.

HB 817. By Representative Cox of the 141st:
A bill to provide for the appointment of the members of the Hospital Authority of Decatur County.

HB 824. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act creating the Board of Commissioners of Emanuel County so as to change the provisions relating to expenses.

HB 826. By Representatives Kreeger of the 21st, Burruss of the 21st, Murphy of the 18th and others:
A bill to amend an Act creating the Paulding County Water Authority so as to change the provisions relative to a quorum of the authority.

HB 828. By Representative Carrell of the 75th:
A bill to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensation so as to provide for personnel within the sheriff's office.

MONDAY, FEBRUARY 24, 1975

785

HB 831. By Representative Smith of the 78th:
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; to provide for deputy sheriffs and their compensation.

HB 838. By Representatives Linder of the 44th, Elliott of the 49th, Tolbert of the 56th and others:
A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County so as to provide the court with authority to assess fines not to exceed the sum of $500.00 for any single offense.

HB 839. By Representatives Linder of the 44th, Elliott of the 49th, Tolbert of the 56th and others:
A bill to amend an Act amending, revising, superseding and consolidat ing the laws pertaining to the governing authority of DeKalb County, Ga. and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County so as to change certain provisions relating to fines and punishment.

SB 30. By Senator Lewis of the 21st:
A bill to provide for a board of elections in each county in the State having a population of not less than 18,200 nor more than 18,300, accord ing to the United States Decennial Census of 1970.

HB 362. By Representatives Evans of the 84th and Owens of the 77th:
A bill to amend Code Section 92-6201, relating to the time to make tax returns, so as to change the time for making tax returns in certain counties.

HB 358. By Representatives Ware of the 68th, Coleman of the 118th, Carr of the 105th and others:
A bill to amend an Act relating to health insurance coverage for State employees so as to change the definition of the term "employee" or "employees"; to authorize the State Personnel Board to expand the health insurance coverage of State employees.

HB 389. By Representative Knight of the 67th:
A bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations so as to provide the circumstances under which said Act shall become effective.

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JOURNAL OF THE SENATE,

HB 243. By Representatives Thompson of the 93rd and Parrish of the 97th:
A bill to amend Code Chapter 84-1, relating to the Joint-Secretary of State Examining Boards, so as to provide that one member of each examining board may be authorized to attend, at State expense when approved by the Joint-Secretary, trade or professional conventions or seminars.

HB 450. By Representative Lane of the 40th:
A bill to provide certain requirements in connection with blasting or excavating in the vicinity of certain underground utility facilities.

HB 580. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Georgia Residential Finance Agency Act", so as to change the membership of the Authority; to pro vide for a minimum percentage of each bond issue to be placed in the capital reserve fund.

HB 647. By Representatives Sams of the 90th, Snow of the 1st, Irvin of the 23rd and others:
A bill to amend Code Section 26-1802 relating to theft by taking so as to specify the criminal intent element of the offense of shoplifting.

HB 665. By Representatives Lambert of the 112th, Murphy of the 18th, Vaughn of the 57th and others:
A bill to amend an Act known as the Executive Reorganization Act of 1972 so as to authorize the Governor to direct and implement such inter nal reorganization of the Department of Human Resources as he may find necessary to improve the management and administration of the functions assigned to the Department.

HB 736. By Representative Pinkston of the 100th:
A bill to amend Code Section 57-101.1 relating to the maximum rate of interest on real estate loans so as to provide that intangible recording taxes paid by the borrower on long-term real estate loans shall not be considered interest and shall not be taken into account in the calculation of interest.

HB 737. By Representative Pinkston of the 100th:
A bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations so as to repeal the provisions authorizing the State to col lect franchise taxes and income taxes from banks and certain other financial institutions.

MONDAY, FEBRUARY 24, 1975

787

HB 182. By Representatives Harden of the 154th, Colwell and Twiggs of the 4th and others:
A bill to amend an Act creating the Public School Employees' Retirement System so as to make certain persons members of the retirement system and to allow such persons to establish prior service credits under the retirement system.

SB 60. By Senators Turner of the 8th, Russell of the 10th, Sutton of the 9th and others:
A bill to add one additional judge of the Superior Courts of the Southern Judicial Circuit of Georgia; to provide for the appointment of such addi tional judge by the Governor; to provide for the election of successors to the judge initially appointed.

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

HR 13. By Representatives Howell of the 140th and Cox of the 141st:
A resolution authorizing the conveyance of a tract of State-owned property.

HR 51. By Representative Phillips of the 120th:
A resolution authorizing the conveyance of a certain tract of Stateowned property to Montgomery County.

HR 72. By Representative Bray of the 70th:
A resolution authorizing the lease of certain real property located in Meriwether County.

HR 155. By Representatives Phillips of the 120th, Glanton of the 66th and others:
A resolution designating the Engineering Experiment Station at Georgia Tech as the Georgia Productivity Center.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 318. By Senators Tate of the 38th, Coverdell of the 40th and Hamilton of the 34th:
A bill to amend Code Section 34-1505, relating to recount or recanvass of votes, as amended, so as to provide for automatic recount or recanvass in certain instances. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

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JOURNAL OF THE SENATE,

SB 319. By Senator Shapard of the 28th:
A bill to amend an Act incorporating the Town of Orchard Hill in Spalding County, so as to change the corporate limits of said town; to provide for a referendum. Referred to Committee on County and Urban Affairs.

SB 320. By Senators Langford of the 51st and Kidd of the 25th:
A bill to amend Code Section 26-2701, relating to definitions with respect to gambling and related offenses, so as to change the provisions relating to the definition of a lottery. Referred to Committee on Judiciary.

SB 321. By Senators Hill of the 29th and Lewis of the 21st:
A bill to provide that surplus funds designated as reserve funds accruing at the Georgia Warm Springs Hospital in any fiscal year shall not lapse to the State Treasury, but may be reserved by the Hospital as working capital. Such reserve shall be cumulative, but shall not exceed the total sum of one million dollars ($1,000,000).
Referred to Committee on Appropriations.

SB 322. By Senators Sutton of the 9th, Reynolds of the 48th, Foster of the 50th and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to repeal the provisions relating to district power equalization. Referred to Committee on Education.

SB 323. By Senator Langford of the 51st:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to game and fish, as amended, so as to provide for lawful hours for bait shrimping; to require bonds of persons taking or selling commercial bait shrimp. Referred to Committee on Natural Resources and Environmental Quality.

SB 324. By Senators Riley of the 1st, Brown of the 47th, Reynolds of the 48th and others:
A bill to make the operation of the Public Service Commission and the administration of its duties and responsibilities more efficient, effective and complete; to provide for the purpose thereof. Referred to Committee on Public Utilities.

SB 325. By Senator Garrard of the 37th: A bill to require bond from certain agents, collection agents and certain

MONDAY, FEBRUARY 24, 1975

789

others who receive or handle monies for payment to third parties; to prevent fraud or misappropriation of funds by certain agents.
Referred to Committee on Judiciary.

SB 326. By Senator Button of the 9th:
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, as amended, so as to include real estate brokers within the provisions of said Act. Referred to Committee on County and Urban Affairs.
SB 327. By Senators Hamilton of the 34th and Hudson of the 35th:
A bill to amend an Act entitled "An Act to create a Joint City-County Board of Tax Assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States Census, and to define its powers and duties;", as amended. Referred to Committee on County and Urban Affairs.
SR 104. By Senators Tate of the 38th, Barker of the 18th and Kidd of the 25th:
A resolution urging the State Department of Education to devise a sick leave plan for certain public school educators. Referred to Committee on Education.

SR 107. By Senators Riley of the 1st, Brown of the 47th, Reynolds of the 48th and others:
A resolution proposing an amendment to the Constitution, so as to pro vide that the Supreme Court shall have jurisdiction over direct appeals or review proceedings from the Public Service Commission; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Judiciary.

SR 108. By Senator Riley of the 1st:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Marcona Terminal Company, a Nevada corporation, its successors and assigns, including Savannah Port Authority, a body corporate and politic created by an Act of the Georgia General Assembly, an easement over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Georgia.
Referred to Committee on Public Utilities.

SR 109. By Senator Turner of the 8th:
A resolution authorizing the conveyance of certain real property located in Berrien County, Georgia. Referred to Committee on Public Utilities.

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SR 110. By Senator Turner of the 8th:
A resolution to amend a Resolution authorizing the conveyance of certain real property located in Berrien County, so as to change the land descrip tion of such property. Referred to Committee on Public Utilities.

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

HB 684. By Representative Reaves of the 147th:
A bill to amend an Act amending, revising, superseding and consolidat ing the laws creating and governing the Board of Commissioners of Echols County so as to change the compensation of the members of the Board of County Commissioners of Echols County. Referred to Committee on County and Urban Affairs.

HB 685. By Representative Reaves of the 147th:
A bill to amend an Act placing the Sheriff of Echols County on an annual salary in lieu of the fee system of compensation so as to change the maximum amount which the sheriff may receive as salary. Referred to Committee on County and Urban Affairs.

HB 786. By Representative Hatcher of the 131st:
A bill to abolish the office of Treasurer of Baker County; to provide that the Board of Commissioners of Baker County shall appoint de positories for county funds. Referred to Committee on County and Urban Affairs.

HB 787. By Representative Hatcher of the 131st:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Baker County into the office of Tax Commissioner of Baker County. Referred to Committee on County and Urban Affairs.

HB 802. By Representatives Evans of the 99th, Pinkston of the 100th, Lucas of the 102nd and others:
A bill to provide for the compensation of the Mayor, Councilmen and Recorder of the municipality of Payne City. Referred to Committee on County and Urban Affairs.

HB 803. By Representatives Evans of the 99th, Pinkston of the 100th, Lucas of the 102nd and others:
A bill to change the frequency and date of elections for the offices of Mayor, Councilmen and Recorder of the municipality of Payne City. Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 24, 1975

791

HB 809. By Representative Clifton of the 107th:
A bill to amend an Act creating the office of Tax Commissioner of Candler County so as to change the provisions relating to clerical and other personnel of the Tax Commissioner and their compensation. Referred to Committee on County and Urban Affairs.

HB 810. By Representative Clifton of the 107th:
A bill to amend an Act establishing the State Court of Candler County (formerly the City Court of Metier), so as to change the compensation of the judge and solicitor of said court. Referred to Committee on County and Urban Affairs.

HB 811. By Representative Clifton of the 107th:
A bill to amend an Act creating a Board of Commissioners of Candler County so as to change the provisions relating to the compensation of the Chairman, Members of the Board, and Clerk of the Board of Com missioners. Referred to Committee on County and Urban Affairs.

HB 812. By Representative Clifton of the 107th:
A bill to amend an Act placing the Clerk of the Superior Court of Candler County on an annual salary in lieu of the fee system of com pensation so as to change the provisions relating to clerical and other personnel of the clerk of the superior court and the compensation for such personnel. Referred to Committee on County and Urban Affairs.

HB 813. By Representative Clifton of the 107th:
A bill to amend an Act placing the Judge of the Probate Court of Candler County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the judge of the probate court. Referred to Committee on County and Urban Affairs.

HB 816. By Representatives Taggart of the 125th, Gignilliat of the 122nd, Jones of the 126th and others:
A bill to amend an Act fixing the compensation of a certain official in all counties of this State having a population of not less than 185,000 nor more than 190,000 so as to change the provisions relative to com pensation of the clerks of superior courts in such counties.
Referred to Committee on County and Urban Affairs.

HB 817. By Representative Cox of the 141st:
A bill to provide for the appointment of the members of the Hospital Authority of Decatur County. Referred to Committee on County and Urban Affairs.

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HB 824. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act creating the Board of Commissioners of Emanuel County so as to change the provisions relating to expenses. Referred to Committee on County and Urban Affairs.

HB 826. By Representatives Kreeger of the 21st, Burruss of the 21st, Cooper of the 19th and others:
A bill to amend an Act creating the Paulding County Water Authority so as to change the provisions relative to a quorum of the authority. Referred to Committee on County and Urban Affairs.

HB 828. By Representative Carrell of the 75th:
A bill to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensation so as to provide for personnel within the sheriff's office. Referred to Committee on County and Urban Affairs.

HB 831. By Representative Smith of the 78th:
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; to provide for deputy sheriffs and their compensation. Referred to Committee on County and Urban Affairs.

HB 838. By Representatives Linder of the 44th, Elliott of the 49th, Tolbert of the 56th and others:
A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County so as to provide the court with authority to assess fines not to exceed the sum of $500.00 for any single offense. Referred to Committee on County and Urban Affairs.
HB 839. By Representatives Linder of the 44th, Elliott of the 49th, Tolbert of the 56th and others:
A bill to amend an Act amending, revising, superseding and consolidat ing the laws pertaining to the governing authority of DeKalb County, Ga. and creating a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County so as to change certain provisions relat ing to fines and punishment. Referred to Committee on County and Urban Affairs.
HB 182. By Messrs. Harden of the 154th, Colwell and Twiggs of the 4th and others:
A bill to amend an Act creating the Public School Employees' Retire ment System so as to make certain persons members of the retirement

MONDAY, FEBRUARY 24, 1975

793

system and to allow such persons to establish prior service credits under the retirement system.
Referred to Committee on Retirement.

HB 243. By Messrs. Thompson of the 93rd, and Parrish of the 97th:
A bill to amend Code Chapter 84-1, relating to the Joint-Secretary of State Examining Boards, so as to provide that one member of each examining board may be authorized to attend, at State expense when approved by the Joint-Secretary, trade or professional conventions or seminars.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 358. By Messrs. Ware of the 68th, Coleman of the 118th, Carr of the 105th, and others:
A bill to amend an Act relating to health insurance coverage for State employees so as to change the definition of the term "employee" or "employees"; to authorize the State Personnel Board to expand the health insurance coverage of State employees.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 362. By Messrs. Evans of the 84th and Owens of the 77th:
A bill to amend Code Section 92-6201, relating to the time to make tax returns, so as to change the time for making tax returns in certain counties. Referred to Committee on County and Urban Affairs.

HB 389. By Mr. Knight of the 67th:
A bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations so as to provide the circumstances under which said Act shall become effective. Referred to Committee on Banking, Finance and Insurance.

HB 450. By Mr. Lane of the 40th:
A bill to provide certain requirements in connection with blasting or excavating in the vicinity of certain underground utility facilities. Referred to Committee on Public Utilities.

HB 580. By Mr. Murphy of the 18th:
A bill to amend an Act known as the "Georgia Residential Finance Agency Act", so as to change the membership of the Authority; to

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JOURNAL OF THE SENATE,

provide for a. minimum percentage of each bond issue to be placed in the capital reserve fund.
Eeferred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 647. By Representatives Sams of the 90th, Snow of the 1st, Irvin of the 23rd and others:
A bill to amend Code Section 26-1802 relating to theft by taking so as to specify the criminal intent element of the offense of shoplifting. Referred to Committee on Judiciary.

HB 665. By Representatives Lambert of the 112th, Murphy of the 18th, Vaughn of the 57th and others:
A bill to amend an Act known as the Executive Reorganization Act of 1972 so as to authorize the Governor to direct and implement such internal reorganization of the Department of Human Resources as he may find necessary to improve the management and administration of the functions assigned to the Department.
Referred to Committee on Human Resources.

HB 736. By Representative Pinkston of the 100th:
A bill to amend Code Section 57-101.1 relating to the maximum rate of interest on real estate loans so as to provide that intangible recording taxes paid by the borrower on long-term real estate loans shall not be considered interest and shall not be taken into account in the calcula tion of interest.
Referred to Committee on Banking, Finance and Insurance.

HB 737. By Representative Pinkston of the 100th:
A bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations so as to repeal the provisions authorizing the State to collect franchise taxes and income taxes from banks and certain other financial institutions.
Referred to Committee on Banking, Finance and Insurance.

HR 13. By Messrs. Howell of the 140th and Cox of the 141st:
A resolution authorizing the conveyance of a tract of State-owned property. Referred to Committee on Public Utilities.

HR 51. By Mr. Phillips of the 120th:
A resolution authorizing the conveyance of a certain tract of State-owned property to Montgomery County. Referred to Committee on Public Utilities.

MONDAY, FEBRUARY 24, 1975

795

HR 72. By Mr. Bray of the 70th:
A resolution authorizing the lease of certain real property located in Meriwether County. Referred to Committee on Public Utilities.

HR 155. By Representatives Phillips of the 120th, Glanton of the 66th, Gammage of the 17th and Jones of the 126th:
A resolution designating the Engineering Experiment Station at Georgia Tech as the Georgia Productivity Center. Referred to Committee on Higher Education.

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

Senator Garrard of the 37th 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 10. Do pass by substitute. SB 295. Do pass. SB 307. Do pass. HB 361. Do pass. HB 363. Do pass. HB 514. Do pass by substitute. HB 573. Do pass. HB 688. Do pass. HB 693. Do pass. HB 704. Do pass. HB 705. Do pass. HB 716. Do pass. HB 717. Do pass. HB 728. Do pass. HB 730. Do pass.

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SR 83. Do pass. SR 89. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Carter of the 14th District, Chairman of the Committee on Educa tion, submitted the following report:
Mr. President:
Your Committee on Education has had under consideration the following bills and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 42. Do not pass. SB 185. Do not pass. SR 98. Do pass.
Respectfully submitted, Carter of 14th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources 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 162. Do pass by substitute.
Respectfully submitted, Fincher of 54th District, Chairman.

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

SB 86. By Senator Kennedy of the 4th:
A bill to amend an Act establishing the State Employees Retirement System, approved Feb. 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to authorize the board of trustees to increase the normal and accrued contribution percentage rate of certain departments.

MONDAY, FEBRUARY 24, 1975

797

SB 163. By Senators Coverdell of the 40th and Lester of the 23rd:
A bill to require the Dept. of Offender Rehabilitation to head a special task force to prepare and submit to the Governor, the State Crime Commission, and each member of the General Assembly a written report regarding services necessary for the education, training, rehabilitation and care of mentally retarded offenders.

SB 237. By Senators Lester of the 23rd and Overby of the 49th:
A bill to amend Code Section 59-705, relating to the challenge of jurors for favor, as amended, so as to provide for voir dire examinations and the practice and procedure connected therewith; to provide for other matters relative to the foregoing.

SB 240. By Senators Dean 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 compensa tion; to fix the terms of court.
SB 268. By Senators Garrard of the 37th, Hamilton of the 26th, Kidd of the 25th and others:
A bill to amend Code Chapter 84-10, relating to the practice of nursing, as amended by an Act approved Jan. 31, 1946 (Ga. Laws 1946, p. 89), by striking said Code Chapter in its entirety and substituting in lieu there of a new Code Chapter 84-10, so as to comprehensively revise the law regulating the practice of nursing.
SB 271. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the Georgia Peace Officers Standards and Training Act, approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, so as to provide that membership of the Council shall include the Commissioner of the Department of Public Safety or his designee; to redefine the terms "peace officer" and "law enforcement unit".

SB 278. By Senators Hudgins of the 15th, Russell of the 10th, Hudson of the 35th and others:
A bill to amend an Act known as the "Georgia Military Forces Reorgan ization Act of 1955", approved Feb. 2, 1955 (Ga. Laws 1955, p. 10), as amended, so as to provide that the Adjutant General and the As sistant Adjutant General for Army and the Assistant Adjutant General for Air shall be confirmed by the Senate.

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SB 287. By Senators Hill of the 29th and Garrard of the 37th:
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 members of the board by the Governor.

HB 21. By Mr. Bray of the 70th:
A bill to amend Code Section 113-602, relating to the probate of a will in solemn form 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 246. By Mr. Ham of the 80th: A bill to repeal Code Section 53-314 and 53-315 of the Code of Georgia of 1933 relating to the duty of the Attorney General to institute criminal proceedings under certain circumstances against the parents of a racially mixed marriage.
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 273. By Senator Summers of the 53rd: A bill to amend an Act placing the Sheriff of Bade County on an annual salary in lieu of the fee system of compensation, as amended, so as to provide that if the sheriff does not submit a proposed budget by a certain date, the budget for the current year shall be the budget for the ensuing 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 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 284. By Senator Sutton of the 9th:
A bill to provide a new Charter for the City of Doerun, Georgia, in the County of Colquitt; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city government.

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

MONDAY, FEBRUARY 24, 1975

799

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

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

HB 233. By Mr. Harris of the 60th:
A bill to provide a new Charter for the City of Sugar Hill; to provide for the incorporation of said City; to provide for 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 46, nays 0.

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

HB 242. By Mr. Harris of the 60th:
A bill to provide a new Charter for the City of Berkeley Lake; to provide for the incorporation of said city; to provide for 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 46, nays 0.

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

HB 475. By Mr. Snow of the 1st:
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.

The report 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 581. By Representative Ham of the 80th:
A bill to amend an Act creating and establishing a small claims court for Monroe County so as to change the provisions relating to who is to perform the duties of judge of the small claims court when the regular judge shall be unable to discharge his 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 ayes were 46, nays 0.

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

HB 584. By Representatives Clifton of the 107th and Rush of the 121st:
A bill to amend an Act incorporating the City of Cobbtown so as to provide for staggered terms of office for 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 were 46, nays 0.

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

HB 592, By Representatives Milford, Clark and Mann of the 13th:
A bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor so as to change the term of office of the mayor.

The report 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 594. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act providing a new charter for the City of Helen 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.

MONDAY, FEBRUARY 24, 1975

801

The report 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 595. By Representatives Long of the 142nd and Cox of the 141st:
A bill to change the compensation of the Sheriff of Grady County and to abolish the present system of funding the operation of the Sheriff's Office of Grady County so as to change the compensation of the Sheriff of Grady 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.

HB 606. By Representative Bray of the 70th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court (formerly known as the Ordinary) and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation 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 608. By Representatives Wood, Whitmire and Jackson of the 9th:
A bill to amend an Act creating a board of commissioners of Hall County so as to stagger the terms of the members of the board; to provide for a referendum.

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

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JOURNAL OF THE SENATE,

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

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

HB 627. By Representative Sizemore of the 136th:
A bill to provide a new Charter for the City of Warwick, Ga., in the County of Worth.

The report 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 649. By Representative Fraser of the 139th:
A bill to amend an Act incorporating the Town of Allenhurst so as to change the terms of office of the mayor and councilmen, and the pro visions relating to town elections.

The report 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 650. By Representative Fraser of the 139th:
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 provisions relating to the compensation of 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 46, nays 0.

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

MONDAY, FEBRUARY 24, 1975

803

HB 655. By Representative Leonard of the 3rd:
A bill to amend an Act creating a new charter for the City of Chatsworth so as to authorize the sale or lease of a certain tract of cityowned property; to confirm certain sales of city-owned property.

The report 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 658. By Representatives Chance of the 129th, Triplett of the 128th, Taggart of the 125th and others:
A bill to amend an Act creating a new charter for the Town of Pooler, and to otherwise amend the laws constituting the Charter of the Town of Pooler.

The report 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 661. By Representative Ross of the 76th:
A bill to create and establish a Small Claims Court in and for Taliaferro County; to prescribe the jurisdiction of said court; to describe 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 46, nays 0.

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

HB 226. By Messrs. Snow and Hays of the 1st:
A bill to amend an Act creating the office of Tax Commissioner of Dade County so as to change the compensation of the Tax Commissioner.

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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.

HB 227. By Messrs. Snow and Hays of the 1st:
A bill to amend an Act placing the Judge of the Probate Court of Dade County, formerly known as the Ordinary, on a salary basis in lieu of a fee basis of compensation, so as to change the maximum amount of compensation for deputies and clerks of the Judge of the Probate 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 632. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to amend an Act creating the State Court of Jefferson County (formerly known as the City Court of Louisville) 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 637. By Representative Vaughn of the 57th: A bill to provide for a Public Defender for Rockdale 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.

MONDAY, FEBRUARY 24, 1975

805

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

HB 638. By Representative Vaughn of the 57th:
A bill to amend an Act creating the office of Tax Commissioner of Rockdale County so as to change the salary of the tax commissioner.

The report 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 639. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compensation so as to change the salary of the coroner.

The report 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 640. By Representative Vaughn of the 57th:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Rockdale County in lieu of the fee system of compensation so as to change the salary of the judge of the probate court and his chief deputy.

The report 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 641. By Representative Vaughn of the 57th: A bill to amend an Act creating the office of Commissioner of Rockdale County so as to change the salary of the commissioner.

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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.

HB 642. By Representative Vaughn of the 57th:
A bill to amend an Act fixing the compensation of the Clerk of the Superior Court of Rockdale County so as to change the salary of the clerk 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 46, nays 0.

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

HB 643. By Representatives Vaughn of the 57th and Sigman of the 74th:
A bill to repeal an Act providing for a Public Defender for Rockdale and Newton Counties so as to abolish the office of public defender in 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 46, nays 0.

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

HB 644. By Representative 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 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 46, nays 0.

MONDAY, FEBRUARY 24, 1975

807

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

HB 228. By Messrs. Snow and Hays of the 1st:
A bill to amend an Act creating the office of Commissioner of Bade County so as to change the provisions relating to the expenses of the Commissioner.

The Committee on County and Urban Affairs offered the following substitute to HB 228:
A BILL
To be entitled an Act to amend an Act creating the office of Com missioner of Dade County, approved March 9, 1959 (Ga. Laws 1959, p. 2382), as amended by an Act approved March 3, 1962 (Ga. Laws 1962, p. 2967), an Act approved February 28, 1966 (Ga. Laws 1966, p. 2505), an Act approved March 17, 1967 (Ga. Laws 1967, p. 2261), an Act ap proved February 13, 1970 (Ga. Laws 1970, p. 2042), and an Act approved April 17, 1973 (Ga. Laws 1973, p. 2761), so as to change the provisions relating to clerks, deputies and clerical help in the office of the Com missioner and their compensation; 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 office of Commissioner of Dade County, approved March 9, 1959 (Ga. Laws 1959, p. 2382), as amended by an Act approved March 3, 1962 (Ga. Laws 1962, p. 2967), an Act approved February 28, 1966 (Ga. Laws 1966, p. 2505), an Act approved March 17, 1967 (Ga. Laws 1967, p. 2261), an Act approved February 13, 1970 (Ga. Laws 1970, p. 2042), and an Act approved April 17, 1973 (Ga. Laws 1973, p. 2761), is hereby amended by striking Section 10, which reads as follows:
"Section 10. The commissioner shall have and exercise all the powers which are vested by law in the judges of the inferior courts and ordinaries when sitting for county purposes except that of supplying by appointment all vacancies in county offices and in ordering elections to fill them, and is hereby expressly given com plete power, authority and control relative to county matters of Dade County, which shall include the power and authority to do all things and perform all acts which are necessary and essential to carry on the affairs of Dade County. The commissioner is hereby authorized to employ necessary personnel including a county at torney and a clerk or deputy and fix their compensation to assist in the performance of the duties imposed by this Act. However, the expense for hire of a clerk, deputy, or other clerical help in his office shall not exceed $5,000 in any calendar year. However, in the event such clerk or deputy travels outside the county on county business, or attending schools or training courses related to county

808

JOURNAL OP THE SENATE,

business operations, and such trip involves over 150 miles round trip travel, and requires overnight stay, such clerk or deputy shall be entitled to receive 10 cents per mile and $20.00 per diem as
additional compensation upon filing with the commissioners a signed itemized statement therefor. In the event the commissioner needs additional help in his office from time to time he is hereby authorized to employ such help but the expense therefor shall not exceed $1,200.00 in any calendar year.",

in its entirety and inserting in lieu thereof a new Section 10, to read as follows:

"Section 10. The Commissioner shall have and exercise all the powers which are vested by law in the judges of the inferior courts and judges of the probate courts when sitting for county purposes except that of supplying by appointment all vacancies in county offices and in ordering elections to fill them, and is hereby expressly given complete power, authority and control relative to county matters of Dade County, which shall include the power and authority to do all things and perform all acts which are necessary and essential to carry on the affairs of Dade County. The commissioner is hereby authorized to employ necessary personnel including a county attorney and a clerk or deputy and fix their compensation to assist in the performance of the duties imposed by this Act. How ever, the expense for hire of a clerk, deputy, or other clerical help in his office shall not exceed $10,000.00 in any calendar year. How ever, in the event such clerk or deputy travels outside the county on county business, or attending schools or training courses related to county business operations, and such trip involves over 150 miles round trip travel, and requires overnight stay, such clerk or deputy shall be entitled to receive 10 cents per mile and $20.00 per diem as additional compensation upon filing with the commissioner a signed itemized statement therefor."

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 yeas were 46, nays O1, 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 yeas were 46, nays 0.

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

MONDAY, FEBRUARY 24, 1975

809

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

HR 117. By Rep. Walker of the 115th:
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 from ad valorem taxes levied by the City of Perry; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking therefrom the following paragraph:
"The City of Perry shall be authorized to grant to each person who is sixty-five (65) years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $4,000.00 on the homested owned and occupied by such person as a residence, if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including any federal old-age, sur vivor or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contribu tions made thereto by such person or his spouse, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes.",
and inserting in lieu thereof the following:
"The City of Perry shall be authorized to grant to each person who is sixty-five (65) years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $4,000.00 on the homestead owned and occupied by such person as a residence, if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disabil ity benefits under the Federal Social Security Act or under any other public or private retirement, 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."

810

JOURNAL OF THE SENATE,

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, 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 retirement, pension or disability benefits,
( ) NO 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 from ad valorem taxes levied by the City of
Perry?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

MONDAY, FEBRUARY 24, 1&75

811

Those not voting were Senators:

Dean of 31st Hamilton of 26th

Hill Pearce

Russell Tysinger

On the adoption of the resolution, the yeas were 50, nays 0.

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

HR 144. By Rep. Rainey of the 135th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the County of Crisp to issue revenue anticipation obligations under certain conditions and without an election for electric generation, transmission and distribution system; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitu tion, as amended, is hereby amended by adding at the end thereof a new paragraph, to read as follows:
"Notwithstanding any other provision of this Paragraph, Crisp County, Georgia, may issue revenue anticipation obligations to con struct, operate, repair, improve, purchase, extend and maintain electric generation, transmission and distribution systems, together with all necessary appurtenances thereof 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 revenue anticipation obligations 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. Each notice shall specify the purposes for which the funds shall be spent. The aggregate of all outstanding revenue anticipation obligations shall not exceed the limitations now provided elsewhere in this Section 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, 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:

812

JOURNAL OP THE SENATE,

"( ) YES Shall the Constitution be amended so as to au thorize the County of Crisp to issue revenue
( ) NO anticipation obligations under certain conditions and without an election for electric generation, transmission and distribution systems?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Dean of 31st Hamilton of 26th

Hill Pearce

Russell Tysinger

On the adoption of the resolution, the yeas were 50, nays 0.

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

MONDAY, FEBRUARY 24, 1975

813

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

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th
Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins
Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh
Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those not answering were Senators:

Dean of 31st Hill

Pearce Russell

Tysinger

Senator Starr of the 44th introduced as Chaplain, The Reverend Pat Gilley, pastor, First Baptist Church of Forest Park, Forest Park, Georgia, who offered scripture reading and prayer.

The following resolution, favorably reported by the committee, was read and adopted:

SR 98. By Senators Starr of the 44th, Riley of the 1st and Carter of the 14th:
A resolution expressing opposition to the President's proposal relative to the school lunch program.

SENATE CALENDAR
Monday, February 24, 1975
SB 174. Charitable Trust Act--provisions not apply certain trustees SB 107. Georgia Criminal Justice Council--create (SUB) SB 144. Criminal Cases--provide for discovery and inspection (SUB) SB 156. Planning and Development Commission Employees-State health insurance SB 197. State Information Agency--Department of Human Resources

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JOURNAL OF THE SENATE,

SB 209. Shareholder Meetings--action without written consent of majority SB 214. Lobbyists--disclosure of certain actions (SUB) SB 235. State Physicians--liability insurance SB 241. Overweight Vehicle--schedule for paying damages to State (AM) SB 251. Code of Public Transportation--grammatical corrections SB 259. Physically Disabled--rights and responsibilities SB 260. Inmate--trial cost borne by Board of Corrections SB 264. Incarceration of Offenders--alternative SB 265. State Physician or Psychologist--part-time other departments SB 266. Drunk Arrest--check medical disability identification SB 267. Insurance Premium Finance Company Act-change in maximum charges SB 270. Abortion on Married Women--signature of husband (AM) SB 272. Police Academy-Public Safety Board have authority over SB 274. Boards, Bureaus, Authorities--pay for one meeting per day SR 65. Constitution Revision Commission--create SR 69. World Food Crisis--relating to (AM) SR 77. Agrirama Development Authority Overview Committee--create SR 86. Clean Air Act--amend on automotive emissions HB 4. Odometer Readings--unlawful to change HB 169. Appropriations-change certain agencies remainder of fiscal year (SUB) HB 211. Executive Center Fine Arts Committee--establish (SUB) HB" 352. Georgia Agrirama Development Authority--enlarge membership HB 538. Industrial Loan Act-change maximum permissible loan HB 618. Vehicles--maximum permissible gross load

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

Senator Broun of the 46th assumed the Chair.

HB 169. By Reps. Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
Senate Sponsor: Senator Broun of the 46th.
A bill to amend an Act making and providing appropriations for the fiscal year beginning July 1, 1974 and ending June 30, 1975; known as

MONDAY, FEBRUARY 24, 1975

815

the "General Appropriations Act", approved April 2, 1974 (Ga. Laws 1974, p. 1508), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1975.

The Committee on Appropriations offered the following substitute to HB 169:
A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal year 1974-75, known as the "General Appropriations Act", approved April 2, 1974 (Ga. Laws 1974, p. 1508), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1975; 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 OP GEORGIA:
Section 1. An Act providing appropriations for the fiscal year 1974-75, known as the "General Appropriations Act", approved April 2, 1974 (Ga. Laws 1974, p. 1508), is hereby amended by changing the revenue estimate so that it now shall be $1,638,000,000, and by striking the following:

"PART I.

LEGISLATIVE BRANCH",

and Sections 1 through 54, and inserting in lieu thereof the following:

"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 .............. 4

7,786,000
7,000,000 7,000,000 7,000,000
700,000 700,000 700,000
86,000 86,000 86,000

816

JOURNAL OF THE SENATE,

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 Representatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference of Legislative Lead ers, Conference of Insurance Legislators, and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other incidental expenses for the Legis lative Branch; for the necessary cost of renovating and repairing the housing and other facilities for the Legis lative Branch; for cost of compiling, publishing and distributing the Acts and Journals of the General As sembly; for the annual report of the State Auditor to the General Assembly; and for cost of Legislative Serv ices 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 ex penditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appro priated to the Legislative Branch of Government with a view towards determining which are legitimate legisla tive 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 ...._..........._..........._...............__$

2,186,000
1,861,000 1,861,000 1,861,000
325,000 325,000 325,000

MONDAY, FEBRUARY 24, 1975
Budget Unit Object Classes: Operations __......_._.......-....._._-........._........-............._.......$ Tax Ratio Study ........................................................^

817
1,861,000 325,000

PART II.
JUDICIAL BRANCH
Section 3. Supreme Court.
Budget Unit: Supreme Court ...... ......... ....... . $
For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and 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 ........ _........... ... $

976,601 6,810,056

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 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 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.

For the cost of operating the Judge Sentence Re view Panel as created by 1974 Georgia Laws, p. 358.

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

818

JOURNAL OF THE SENATE,

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 $55,000 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 Ap peals, 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 appropriation shall be increased by the amount of $12,000 per 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 .__.___.---._..,,.-___-._,,---,,.__...-....---.,,.-..._.$

118,980

For the cost of operating the Administrative Of fices of the Court.

Section 7. Appellate Court Reports. Budget Unit: Court Reports --..

62,000

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 ............._.._........_.._..._....................

5,000

For the cost of operating the Judicial Qualifications Commission.

Section 9. Board of Court Reporting. Budget Unit: Board of Court Reporting-

7,500

For the cost of operating the Board of Court Re porting.

MONDAY, FEBRUARY 24, 1975

819

PART III.

EXECUTIVE BRANCH

Section 10. Department of Administrative Services.

Budget Unit: Department of Administrative Services _______..__________._...___._______.$ 11,256,792

1. Georgia Building Authority Budget:
Direct Payments to Authority for Operations .......................................................$
Capital Outlay ._..__.._...._______.._.___.___..._._______....._._..._..._.$ State of Georgia
General Obligation Debt Sinking Fund ............... .4 Authority Lease Rentals _...___.___._....____._.-___......_-_._...$ Total Funds Budgeted ___._...____.__._...__..___.______......_._.___.$ State Funds Budgeted _..-___-....__...---_......,,--.....$ Total Positions Budgeted

1,595,699 1,796,000
240,000 3,112,753 6,744,452 6,744,452
0

Provided, that from the above appropriation relat ing to Capital Outlay, $106,000 is designated and com mitted for renovations to the old Governor's Mansion at Milledgeville, Georgia.

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 54,000
9,000 --0--
6,300 5,400 2,700 18,300 613,858 593,738
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 .......$

326,348 35,000
2,000 --0-- 12,500
1,000 --0-- 745,792 1,122,640

820

JOURNAL OF THE SENATE,

State Funds Budgeted __.....$ 1,033,640

Total Positions Budgeted

21

4. Self Insurance Administration Budget:

Personal Services .......$

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

218,708 12,000 26,000 --0-- 3,000 1,000 --0-- 1,000
740,000 1,001,708
972,691 17

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

681,305 66,861 12,600 --0-- 30,400 6,000 --0-- 35,000 832,166 832,166
53

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

162,681 14,158 3,000 --0-- 1,220
866 --0-- --0-- 181,925 93,747
13

7. Property Management Administration Budget:
Personal Services ......................................................$ Regular Operating Expenses _...................._............$ Travel ................... ..^^^^^^$ Motor Vehicle Equipment Purchases _.......,,..........$ Publications and Printing ........................................$ Equipment Purchases ___.___._.._______.___.--.-.. ........,,......$

106,998 167,883
1,500 --0--
1,350 4,000

MONDAY, FEBRUARY 24, 1975
Per Diem and Fees --_____.--.-..--.______...___.__.____.___._. .___.$ Computer Charges --._..---------__.---.__....--____..-.___.__..$ Total Funds Budgeted __.-___.___..__.___..._.___.___.___...__..___.$ State Funds Budgeted ................................................^ Total Positions Budgeted

821
--0-- 12,000 293,731 153,848
9

8. 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

7,570,277 6,929,208
25,400 --0-- 51,000 54,336 25,300 --0-- 14,655,521 --0--
624

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 ............................................ ....^ Capital Outlay .......... .............................................^ Total Funds Budgeted ... .............. .........._..............-. $ State Funds Budgeted ...................... .. .......... $ Total Positions Budgeted

103,624 180,170
2,000 155,000 --0--
1,200 -- 0--
3,000 96,000 540,994 96,000
13

Provided, that of the above appropriation relating to Capital Outlay, $96,000 is designated and committed for completion of the motor vehicle maintenance facility located at Confederate Avenue.

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

1,067,682 217,645 9,000 --0--
33,000 34,800 --0--
48,391 8,620,365 10,030,883
567,794 97

822

JOURNAL OP THE SENATE,

11. 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

818,322 730,688
14,000 --0-- 167,672 45,825 --0--
4,000 1,780,507
--0-- 75

12. 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

76,493 399,400
1,000 --0--
5,000 4,000 --0-- 2,500 488,393 --0--
9

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 Positions Budgeted

71,450 31,000
1,000 --0--
1,500 2,000 14,000 --0-- 120,950 120,950
4

14. Volunteer Services 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 ................................................I

Total Positions Budgeted

32,266 7,650 1,850 --0-- 4,500 1,500 --0-- -- 0-- 47,766 47,766
2

MONDAY, FEBRUARY 24, 1975

828

Budget Unit Object Classes:

Personal Services

.........$

Regular Operating Expenses ..................................if

Travel .................... ..^,

Motor Vehicle Equipment Purchases ______ .............if

. Publications and Printing ___.__...._________._.....__._________._.$

Equipment Purchases .............

..^

Per Diem and Pees _........_._._.__________.-..._____________._....__$

Computer Charges ....-_-----__.____...._...._.-_______.__..-._--.__$

Workmen's Compensation _...--........--..$

Direct Payments to Authority

for Operations .__________......____....____________.._______._.._...-_.$

Capital Outlay

_.......$

State of Georgia

General Obligation Debt

Sinking Fund

........_$

Authority Lease Rentals ............................._...... ..$

Telephone Billings ...... .........._...........-_.................. $

11,754,312 8,845,663
108,350 155,000 317,442 161,927 42,000 869,983 740,000
1,595,699 1,892,000
240,000 3,112,753 8,620,365

Section 11. Department of Agriculture. Budget Unit: Department of Agriculture........ $ 16,386,070

1. Plant Industry Budget:

Personal Services

..........

4

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

1,972,340 143,600 90,700 43,920 25,900 35,000 1,900 --0--
1,500,000 3,813,360 3,732,360
194

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 ............. ..._...$

623,869 63,975 32,500 19,800
8,550 4,200 --0-- -- 0-- 200,000 300,000 515,000 525,000
250,000

824

JOURNAL OF THE SENATE,

Contract with University of Georgia to Study Asiatic New Castle Disease ......... ........$
Indemnities ............_....................._.$ Total Funds Budgeted ___.__..___.__--......_..._-_--.-.._-_--.$ State Funds Budgeted ..............................................^
Total Positions Budgeted

250,000 250,000 3,042,894 3,026,644
51

3. Marketing Budget:

Personal Services ......... $

Regular Operating Expenses _________________.._..___-..________$

Travel _....$

Motor Vehicle Equipment Purchases ______..__.._...._.._.$

Publications and Printing ___.___._____............-_-_..-.....$

Equipment Purchases __.___________------.--.------..-----.$

Per Diem and Fees

.............. 4

Computer Charges .........................--.........----------.$

Advertising Contract ..............................................^

Capital Outlay ...........................................................^

Authority Lease Rentals _._._...__...__._______.___._...______..$

Total Funds Budgeted

...

$

State Funds Budgeted .,,_.___._______________.___.____.....-._--.$

Total Positions Budgeted

1,042,336 182,650
41,200 20,700 10,000 3,200 5,000 --0-- 35,000 670,000 945,000 2,955,086 2,794,086
97

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

1,237,775 53,700 155,000 23,460 1,500 6,000 -- 0-- --0--
1,477,435 1,477,435
126

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

759,698 65,950 18,700 4,000 18,600
5,000 1,000 112,361 985,309 968,309
55

MONDAY, FEBRUARY 24, 1975
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

825
104,874 232,100
1,000 --0-- 254,500
3,000 --0-- --0-- 595,474 595,474
11

7. Fuel and Measures Standards Budget:

Personal Services ..........._................... ___...__._____.__..$

Regular Operating Expenses ............ ................. $

Travel ........ ............... ...............................................^

Motor Vehicle Equipment Purchases ........ ...........if

Publications and Printing ........................................$

Equipment Purchases .... .........................................^

Per Diem and Fees ... ... ......................... ............_. $

Computer Charges ......................... .......................^

Total Funds Budgeted ...........................................^

State Funds Budgeted

.

..... ..__.._..$

Total Positions Budgeted

635,030 92,400 63,700 22,980
6,600 12,500 --0-- -- 0-- 833,210 833,210
61

8. Consumer Protection Budget:
Personal Services ___.__......_______________._.____...___..___.___...$ Regular Operating Expenses .. . __......--._.... ....,,.$ Travel _........_................... ..........................................^ Motor Vehicle Equipment Purchases ... .......... - $ Publications and Printing ............... ...... ..........$ Equipment Purchases ............... ........ .................. if Per Diem and Fees . . .......... ............. - ....___.__..__..$ Computer Charges ........................... ....................^ Total Funds Budgeted _._................._.......__....._..__._.$ State Funds Budgeted ............... ........... ... ... $ Total Positions Budgeted

497,010 37,100 29,400
--0-- 2,500 2,000 1,000
-- 0-- 569,010 569,010
38

9. Consumer Protection Field Forces Budget:
Personal Services ...............................................$ Regular Operating Expenses ..--...........-......... . . $ Travel ....................... ................................................ ^ Motor Vehicles Equipment Purchases ... .. ......... $ Publications and Printing ...... . ................ .......$ Equipment Purchases .............. ............ ...... ........$ Per Diem and Fees .........-..........--. .... ......_.. ........... $ Computer Charges .................................... ............ $ Total Funds Budgeted .............. ............... ........ $ State Funds Budgeted .................... ......... .......? Total Positions Budgeted

1,217,476 57,200 115,000 35,160 3,700 2,000 --0-- --0--
1,430,536 1,252,536
107

826

JOURNAL OF THE SENATE,

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 62,000 133,800 --0--
3,200 1,000 63,000 --0--
1,956,673 797,006 144

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 .................I

Motor Vehicle Equipment Purchases ___.______.......__.$

Publications and Printing .....................................^

Equipment Purchases ._.-...___.__--.._..__.__.---....-....--$

Per Diem and Fees ....................................................^

Computer Charges ......................................................^

Capital Outlay ........................... ___.______..___._....._.._..___.$

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 ................................ ........$

9,784,081 990,675 681,000 170,020 335,050 73,900 71,900 112,361 670,000
1,500,000 200,000 300,000 515,000 525,000
250,000
250,000
340,000 250,000 35,000 945,000

Provided, that of the appropriation relative to Capital Outlay, $600,000 is designated and committed for construction and renovations at the Augusta and Thomasville Farmers' Markets.

MONDAY, FEBRUARY 24, 1975

827

Provided, that of the above appropriation relative to Capital Outlay, $70,000 is designated and committed for a seafood outlet at the Atlanta Farmers' Market.

Section 12. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance .....................................................^

1,297,843

1. Administration 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

288,743 27,760
4,700 --0-- 10,500
1,500 4,500 23,000 360,703 355,703
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

742,571 6,697
188,492 --0-- --0--
4,380 --0-- --0-- 942,140 942,140
57

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 ............... ..................... ..$

1,031,314 34,457 193,192 --0-- 10,500 5,880 4,500 23,000

Section 13. Department of Community Development.
A. Budget Unit: Department of Community Development ......................................._................. $ 7,764,463

828

JOURNAL OP THE SENATE,

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 35,225 --0-- 2,000 --0-- 4,500 --0--
325,392 325,392
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 45,061
5,239 -- 0--
2,100 2,000 26,800 17,741 325,186 284,325
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 ......... ...........$

Total Funds Budgeted ............................................^

State Funds Budgeted ...- ......................................^

Total Positions Budgeted

629,465 413,624
30,398 --0--
300 6,100
42,300 4,000
1,126,187 1,126,187
70

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

MONDAY, FEBRUARY 24, 1975

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 ... ......... ............ ...............if Per Diem and Fees .. ____________ ______________ ____________..._$ Computer Charges .............................................if Total Funds Budgeted ...... _________ ___________ ............. ..$ State Funds Budgeted ____________ _________ ..........._...$ Total Positions Budgeted

7. Advertising Budget:
Advertising ____ ........_................................. ._______.___.$ Total Funds Budgeted .... .. .... _________________ ___.$ State Funds Budgeted ______________ ________ ........$ Total Positions Budgeted

829
493,599 301,350 26,200 --0-- 25,500 --0-- 68,185
2,000 916,834 842,791
34
56,472 62,900 37,600 --0--
1,000 2,000 113,600 20,000 293,572 293,572
3
750,000 750,000 750,000
0

8. Grants to Area Planning and Development Commissions Budget:
Grants to Area Planning and Development Commissions ................ ... ......... Sj>
Total Funds Budgeted _______________________________ .....$ State Funds Budgeted _______ .................._...... ......._.$ Total Positions Budgeted

1,170,000 1,170,000 1,170,000
0

9. Area Development Budget:
HUD--701 Planning Grants ............... __________ ____$ Total Funds Budgeted ......................._.............._.. if State Funds Budgeted ________ ________________ ________ ._ $ Total Positions Budgeted

1,098,000 1,098,000
--0-- 0

10. Ports Authority Budget:
Authority Lease Rentals ..._.___.__.....__.__________..______.._.$ Total Funds Budgeted __________________________ ____________ .____$

2,850,000 2,850,000

830

JOURNAL OF THE SENATE,

State Funds Budgeted ....................--.................. .$ 2,850,000

Total Positions Budgeted

0

11. World Congress Center Budget:
State of Georgia General Obligation Debt Sinking Fund _...___.___.--.._..__.._-,,.._.....-..--..$
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 ............. ^

Advertising

.. ..........................................$

Grants to Area Planning and

Development Commissions ..__.______......__..__..__...._____-$

HUD--701 Planning Grants ....................................^

Authority Lease Rentals ..........................................$

State of Georgia General Obligation

Debt Sinking Fund .._._._._...__.____._....__.._______......_.___.$

B. Budget Unit: State Crime Commission ...._.._.__.$

1. State Crime Commission 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

3,043,478 3,043,478
--0-- 0
1,957,700 898,052 148,002 --0-- 37,348 11,315 257,600 43,741 750,000
1,170,000 1,098,000 2,850,000
3,043,478
1,048,751
532,361 234,950
21,000 --0-- 10,300
2,000 218,927 --0-- 1,019,538
65,001 35

2. Crime Statistics Data Center Budget:
Personal Services ....................................................^ Regular Operating Expenses ................_............_..$ Travel ........__......................_..........._......._............_........$ Motor Vehicle Equipment Purchases ........_........_... $ Publications and Printing _......._....... ......._.._......._._.$ Equipment Purchases ................--.........-.-...--.......$ Per Diem and Fees ............................................_.......$ Computer Charges ................:...................................$

52,533 7,120 3,600 --0--
500 --0-- --0--
7,155

MONDAY, FEBRUARY 24, 1975
Total Funds Budgeted ....___.___.....__..___......__.___........._.$ State Funds Budgeted ___.___.._..__.___........._____.___...________$ Total Positions Budgeted

831
70,908 --0--
4

3. Organized Crime Prevention 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

30,515 1,927 2,160 --0-- --0-- --0-- 2,408 --0-- 37,010 --0--
2

4. LEA A Grants Budget:
LEAA Action Local .................................................$ LEAA Action State ....................................................^ LEAA State Buy-In _.......___._._._-____.._._._._.___...-.._..___...$ LEAA Discretionary ............. .^. LEAA Planning .............. .^, Total Funds Budgeted .......:...._......_..._..............._......$ State Funds Budgeted ................................................$ Total Positions Budgeted

11,161,496 9,612,385 1,320,062
507,809 460,000 23,061,752 983,750
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 State Buy-In ....._...................... ....... ..... ___....$

LEAA Discretionary ............................................. $

LEAA Planning ................................................. ...^

615,409 243,997 26,760 --0--
10,800 2,000 221,335 7,155 11,161,496 9,612,385 1,320,062 507,809 460,000

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.

832

JOURNAL OF THE SENATE,

Section 14. Office of Comptroller General.
Budget Unit: Office of Comptroller General ...... ..............$

2,826,096

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 ....................if Publications and Printing .._._.____________...___________._..____$ Equipment Purchases ........_....,,.-...__...._--..._..,,..----..$ Per Diem and Fees ........._..._........................_...............$ Computer Charges ......... ...^ Total Funds Budgeted ........_..._..............._................_..$ State Funds Budgeted _............_..._..............._..._.-.....-$ Total Positions Budgeted

462,850 21,350 7,000 --0-- 26,700 500 6,200 25,000 549,600
549,600 40

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

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 ............................................................................I Motor Vehicle Equipment Purchases .........._.--.....$ Publications and Printing ............_...........................$

331,324 26,545 14,000 --0--
5,000

MONDAY, FEBRUARY 24, 1975

Equipment Purchases ................................$

Per Diem and Fees _...--.--.-- ._...__.,,__._.,,...___.--___..$

Computer Charges

,,___.__.--.........--_--.,,..?

Total Funds Budgeted .......... .^

State Funds Budgeted

,,.....,,$

Total Positions Budgeted

833
375 --0-- --0-- 377,244 377,244
32

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 ...... ... .4

Total Positions Budgeted

'

997,831 44,300 204,200 --0-- 17,500 1,950 --0-- --0--
1,265,781 1,265,781
113

Budget Unit Object Classes:

Personal Services ........................................................I

Regular Operating Expenses ..........................^

Travel ..........

4

Motor Vehicle Equipment Purchases __...,,.-......_...$

Publications and Printing ........................... .^

Equipment Purchases .........................^

Per Diem and Fees .....__..._.._..........__..._......__-..........._.$

Computer Charges .:.......................... ...^

2,312,226 164,370 252,000 --0-- 55,200 3,100 14,200 25,000

Section 15. Department of Defense. Budget Unit: Department of Defense ........___-_._------$

1,690,523

1. Administration and Support of State Militia Budget:

Personal Services .................................$

Regular Operating Expenses .......................^

Travel .......................................................................I

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

520,795 84,600 11,500 --0-- 21,500 26,100
8,500 --0-- 200,000 16,000 --0-- 888,995 888,995
36

834

JOURNAL OF THE SENATE,

2. Civil Defense Budget:
Personal Servicec ___.____......_.___..__._____._._________._.__..________$ Regular Operating Expenses _-__.__._,,_,,______,,_.___._._._.__$ Travel ........................... ...^ Motor Vehicle Equipment Purchases ........--,,....._.$ Publications and Printing ........................_..._._.........$ Equipment Purchases ... ................--._..............._._.___.$ Per Diem and Fees ___.__.._...._.__.._________...___.___.____________._$ Computer Charges _..._......_...........__......_._.....,,,,.__.....$ Grants to Cities and Counties ......................_..._.._.._.$ Capital Outlay .........................^ Total Funds Budgeted ...... .......$ State Funds Budgeted ...._......._...__........_.._......_...,,.._...$ Total Positions Budgeted

446,740 67,400 20,000 --0-- 6,500 50,000 100 --0-- 18,500 36,000 645,240 346,198 33

3. Community Shelter Planning Budget:

Personal Services ..............

..4

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

93,221 3,500 12,500 --0-- --0-- 2,000 --0-- --0-- 111,221 --0--
7

4. Armory Maintenance and Repair 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

61,060 145,270
3,000 --0-- --0--
5,000 --0-- --0-- 214,330 214,330
5

5. Service Contracts 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 _...,,_....._..__.__________....._.__.._..._...$

1,065,606 146,808 1,000 --0-- --0-- --0-- --0-- --0--
1,213,414

MONDAY, FEBRUARY 24, 1975

State Funds Budgeted ________________________________________ .. ._.$ Total Positions Budgeted

Budget Unit Object Classes:

Personal Services

....... __._____..._$

Regular Operating Expenses ....................................if

Travel

........

_...___.$

Motor Vehicle Equipment Purchases .. .................if

Publications and Printing ........................ __._.....______$

Equipment Purchases ______________________ _______ ___________._$

Per Diem and Fees ........ ............--.-----.-----.---$

Computer Charges _._.___._,,____..........____._..____...__..__.____.!|!

National Guard Units Grants __________________________________$

Georgia Military Institute Grant _______._____..._____...____$

Civil Air Patrol Contract _._______..._.....__......__...__.__.....$

Grants to Cities and Counties _......._...._.._......._______.$

Capital Outlay ____..._..._______._._.__________________._......____...$

Provided, however, that of the above appropriation, $36,000 is designated and committed for the acquisition, housing, installation, electrical wiring, testing, shipping and related costs for a 250KW generator.

835
241,000 112
2,187,422 447,578 48,000 --0-- 28,000 83,100 8,600 --0-- 200,000 16,000 --0-- 18,500 36,000

Section 16. State Board of Education Department of Education.

A. Budget Unit: Department of Education ...._._._.__.$ 599,738,449

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 . .. ... ... _._.....___._...___.__..___._...$

791,286 212,551 48,819 --0-- 68,504
7,600 37,683 --0--

MFPE Grants:
Section 11 Teachers Salaries _____________ .___.________$ 273,383,000 Section 12 Teachers Salaries ...______._.-_. ............$ 46,869,000 Section 13 Maintenance,
Operation and Sick Leave ._.._______.________....________$ 42,276,000 Section 17 Isolated Schools _________.__....________________$ 130,000 Section 19 Travel ................................................^ 941,000

Non-MFPE Grants:

Mid-term Adjustment ...-.._._______________...-....----$

Teacher Retirement ...............

^

Driver Education ..................................................^

5,836,595 27,669,500
375,000

836

JOURNAL OF THE SENATE,

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

........$ 411,492,538

State Funds Budgeted . .

$ 410,405,194

Total Positions Budgeted

43

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 10,871 11,750 --0-- 4,700 500 600 --0--

Grants:
Pre-School Training ............_......._.$ Pre-School Pupil Transportation ..................... . ,,$ Education of Children from
Low-Income Families ........--..--__.._......._...........$ Total Funds Budgeted ____..__-___.,,.-.__.._______.____....________$ State Funds Budgeted ................. ........ ........ ? Total Positions Budgeted

5,252,427 260,000
13,950 5,661,118 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 ...._._.._.............._......._................._.$

1,796,166 151,519 133,428 --0-- 24,330 12,890
13,200 766,685

Grants:
High School Program ............................. .............$ Teacher Retirement ....................................._.._.......$ Teacher Training and Research ................ ...........$ Adult Education ............__..__..__...._.._.._......._...........$ Area Vocational Technical Schools _..................$ Manpower Development and Training _...........$ Comprehensive Employment and Training ._...,, $ Total Funds Budgeted ....._.......................... ................$ State Funds Budgeted ...................... _________. .............$ Total Positions Budgeted

18,027,199 2,018,000 1,094,853 2,279,000 28,651,570 3,160,000 1,319,471 59,448,311 39,494,171
123

MONDAY, FEBRUARY 24, 1975
4. Special Education Budget:
Personal Services ..................._......_.$ Regular Operating Expenses _____._.--.___.______....--..._.$ Travel ....____.__._.$ Motor Vehicle Equipment Purchases _______.___.___.___.$ Publications and Printing .........................................if Equipment Purchases ___..._.._..__,,_______.___,,_...__.___.....____$ Per Diem and Fees ....-.----................................--.....if Computer Charges _......_..__.______._______.._._________.._..___.____$

837
365,142 51,200 41,900 --0--
2,791 3,500 3,000 --0--

MEPE 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

843,942
93,072
250,000 622,000 4,036,800 3,021,000 52,435,567 51,280,774
25

5. Compensatory Education Budget:

Personal Services .........__._...._........_......................_......$

Regular Operating Expenses ........._.........._...--.__..$

Travel ..,..-

^4

Motor Vehicle Equipment Purchases .. ........__......$

Publications and Printing _.........._._......._..._.._...._.._...$

Equipment Purchases __.._......._......... ..._._..._._.--...,,....$

Per Diem and Fees .._.............................._.......__._..__..$

Computer Charges ,,..........._..........--.-...._......-----._...$

Education of Children from

Low-Income Families ...........................................I

Total Funds Budgeted ........__......_............_.._...._.._...$

State Funds Budgeted _..._......_............-...._..._......._......$

Total Positions Budgeted

287,170 40,491 21,200 --0--
6,750 822 100
--0--
56,723,987 57,080,520
43,904 23

6. Instructional Materials Budget:
Personal Services ._-....._..._-.,,......__..-..._.-----._...$ Regular Operating Expenses ___,,_____._.._______--_--__..___.$ Travel ......................................................................I

123,394 64,373 11,265

838

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases _........_...._._._.$

Publications and Printing ........................................^

Equipment Purchases --..,,.--.....--..,,....._...................$

Per Diem and Fees

$

Computer Charges ......$

MFPE Grants: Instructional Media ................................................^

--0-- 20,988 10,000
1,000 --0--
9,248,000

Non-MFPE Grants:

School Library Resources and

Other Materials ................................................$

Strengthening Instruction in

Critical Subects

.....$

Total Funds Budgeted ............__-..--....,,......-.....-.$

State Funds Budgeted ..........-........_.-..._......-.-......-$

Total Positions Budgeted

1,925,000
1,707,947 13,111,967 9,316,361
10

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 ...... ...... --....- .....$

Grants:
Summer Library Supervisory Program ....................................$
Educational Television ...._......._..._......._._.............$ Total Funds Budgeted _...._............_................._...._......$ State Funds Budgeted ............................................^ Total Positions Budgeted

2,219,606 1,330,691
64,001 4,800 104,571 13,943 150,333 -- 0-- 333,204 35,000
59,252 56,186 4,371,587 4,124,587
193

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 _._....._....._.....$

255,417 33,917 19,300 --0--
1,400 250
3,919 --0--
48,000 200,000

MONDAY, FEBRUARY 24, 1975
Total Funds Budgeted ........_....-........._................._.....$ State Funds Budgeted ......_..._,,........._..._.___._._.._......._..$ Total Positions Budgeted
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 ______________.,,__.__.__________,,_______________$

839
562,203 523,856
15
650,622 69,461 57,498 --0-- 12,433 3,984 6,699 --0--

MFPE Grant:

Section 18 Pupil

Transportation

. ..

.

$ 27,486,586

Non-MFPE Grant:

School Lunch ......................... ^ 67,125,000

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 .._.........._..._..............................$ 2,650,000

Grants Direct to School Systems

for Capital Outlay Purposes ........._..__..._..............$ 976,197

Total Funds Budgeted ................,,......__.._...................$ 125,843,071

State Funds Budgeted ._..............._..............................$ 67,458,794

Total Positions Budgeted

48

10. Statewide Leadership 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

604,432 51,346 42,100 --0-- 5,739 6,000 23,300 --0-- 732,917 658,561 37

11. Financial Services Budget:
Personal Services .......... ^ .......... -^^ Regular Operating Expenses ....................^ Travel ........_._.__.._.....-.....-_..._.._.-.........._._-------.$ Motor Vehicle Equipment Purchases ,,......._.._,,..,,.$

248,716 19,194 17,939 --0--

840

JOURNAL OP THE SENATE,

Publications and Printing _-,,_______.______________..___.________$

Equipment Purchases -.._-..._-.___.-____,,.._..___.__.._..______._.$

Per Diem and Fees ._......,,...,,,,..._._........._...........__....$

Computer Charges ....................... .........^

Total Funds Budgeted ................... ...^

State Funds Budgeted ...............

.^

Total Positions Budgeted

12,376 2,148 --0--
--0-- 300,373 220,541
17

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 ..................... ^

Grants:

Supervising Teachers ............

.^

Supplementary Education

Centers and Services ...................$

Teacher Scholarships .................. ..^

In-Service Grants ........................................ ...^

Total Funds Budgeted ................................ ^

State Funds Budgeted ........... ...^

Total Positions Budgeted

740,834 388,421
29,901 -- 0-- 14,467
4,947 13,360 -- 0--
145,000
2,509,951 131,000 490,000
4,467,881 1,694,604
58

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 ......................... ...^
Grants:
Salaries and Travel of Public Librarians ..................... ..^
Public Library Services and Materials ...._._.....$ Teacher Retirement ................... .^ Public Library Construction ....._.............._...........$ Total Funds Budgeted ............. ^ State Funds Budgeted ....................... 4 Total Positions Budgeted

603,529 219,559
9,007 --0--
9,255 43,967
600 -- 0--
2,435,000 2,080,917
197,000 1,745,000 7,343,834 6,583,447
59

14. Staff Services Budget:
Personal Services -..--....__-.. ......$ Regular Operating Expenses ................^

1,518,566 161,420

MONDAY, FEBRUARY 24, 1975
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

841
31,907 --0_ 89,900 10,546
1,000 720,142 2,533,481 1,984,331
121

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 .__..-.-__....-_._......_-_.._...........$ 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

156,645 64,341 10,500 --0-- 11,100
1,000 66,200 --0-- 309,786 202,522
9
394,208 142,319
16,000 --0-- 2,500 12,000 --0-- --0-- 567,027 --0--
40

17. U.S.D.A. Food Distribution Budget:

Personal Services _......__..........___..._........._-....._._...,,-.$

Regular Operating Expenses .._._._..........-....._...--.__..$

Travel ............................................................................I

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

160,393 6,686 18,500
--0-- 750 500
--0-- --0-- 186,829 100,817
14

842

JOURNAL OF THE SENATE,

Budget Unit Object Classes:

Personal Services .._____.__..________.__.___._..........._...._......_.$

Regular Operating Expreses .. _

$

Travel ..................... 4

Motor Vehicle Equipment Purchases ...................4

Publications and Printing __...._._......._..._..-..._.......___.$

Equipment Purchases ...........................................--..if

Per Diem and Fees ___.._..___.....__......_..._.,,....-._---._...$

Computer Charges ....................................................4

11,022,446 3,018,360
585,015 4,800
392,554 134,597 320,994 1,486,827

MFPE Grants:

Section 11 Teachers

Salaries ........_..._......._........._..........._........._...........$ 273,383,000

Section 12 Teachers Salaries ___._._.........._........_.$ 46,869,000

Section 13 Maintenance,

Operation and Sick Leave _._.............................$ 47,997,000

Section 15 Instructional Materials ----...--.....--.$ 9,248,000

Section 17 Isolated Schools ........_......._..._._......-..$ 130,000

Section 18 Pupil Transportation--Regular ... $ 27,486,586

Section 18 Pupil Transportation--Special ___.___.$ 1,745,220

Section 19. Travel ._...._._............ ......... .............4 941,000

Section 19 Travel--Special .........,,.........._.._.......$

85,000

Section 20 Teachers Salaries ............._.._._.........$ 35,550,000

Section 48 Mid-Term Adjustment ___.___.___._.....$ 5,836,595

Non-MFPE Grants:

Teacher Retirement

$

Driver Education ................................. ................$

Cooperative Educational

Service Agencies

.

$

Superintendent's Salaries _..._....._...................--$

Instructional Assistance ...........

4

Education of Children from

Low-Income Families _._.___.--._._._----------.---?

High School Program ..........................................J^

Teacher Training and Research ............._..........$

Adult Education ...................................................$

Area Vocational-Technical Schools ....._..............$

Manpower Development and Training ................$

Comprehensive Employment 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 ........ 4

School Library Resources and

Other Materials .._......__.,,.._._..__.___._..._._.....__...--.$

32,905,500 375,000
2,502,000 2,913,000 7,000,000
57,168,937 18,027,199 1,094,853 2,279,000 28,651,570 3,160,000 1,319,471
843,942
93,072
250,000 622,000 4,036,800
1,707,947
1,925,000

MONDAY, FEBRUARY 24, 1975

843

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

.

$

Grants to School Systems for A.L.R.

payments to Georgia Educational

Authority (Schools)

..

$

Direct Grants to School Systems

for Capital Outlay Purposes .,,.........................$

59,252 56,186 48,000 200,000 67,125,000 145,000
2,509,951 131,000 490,000
2,435,000 1,745,000 2,080,917 5,252,427
260,000 35,000
333,204
2,650,000
26,804,591
976,197

B. Budget Unit: Institutions ................._..._..___.._.._._.._..$ 8,941,839

1. North Georgia Vocational-Technical School Budget:

Personal Services .

... .... ,.^.$

Regular Operating Expenses ....__......_..__.._._._______.$

Travel

....,,_,, ...,,,,,. ...,,..$

Motor Vehicle Equipment Purchases __..--------,,_.$

Publications and Printing ........................................I

Equipment Purchases ._..._--_..--._..._.......-..._._-........-...$

Per Diem and Fees _...--......-.......................__......_._.....$

Computer Charges --.--.---,,.............._...__..__......._..__.$

Capital Outlay ............_...................._..... ......_..........._..$

Authority Lease Rentals

.

$

Total Funds Budgeted ...._...__......._...__.__..__...._.,,..........$

State Funds Budgeted ................................................I

Total Positions Budgeted

1,169,943 366,264 13,500 --0-- 4,150 82,000 --0-- --0-- 720,000 54,750
2,410,607 1,564,562
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 ...._....._.,,_.............._..._............_.........,,_.$

1,025,664 298,720 12,000 12,000 3,300 110,000 --0-- --0--
1,313,803

844

JOURNAL OF THE SENATE,

Authority Lease Rentals ....-------- -$

Total Funds Budgeted -.-... .... .--.---------- ..$

State Funds Budgeted ............

$

Total Positions Budgeted

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

49,315 2,824,802 1,720,374
82
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 .............. .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

2,347,442 394,296 4,000 2,200
--0-- 20,000
1,000 --0-- 35,000 23,400
2,827,338 2,521,552
284

5. Atlanta Area School for the Deaf Budget:

Personal Services ..............................$

Regular Operating Expenses .............................4

Travel .................I

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

492,061 226,062
4,300 24,000
500 40,122
2,000 --0--
43,000 832,045 787,446
51

6. Alto Education and Evaluation Center Budget:

Personal Services ......................

...^

Regular Operating Expenses ............_.--.................$

757,733 131,521

MONDAY, FEBRUARY 24, 1975

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 ....-..............._-_...-...--_--...$

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 ele mentary 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 subject matter areas in accordance with their potential abilities.
Provided, that independent school systems shall be eligible to participate in the "mini-buses" transportation program for Special Education Students.

Provided, that of the above appropriation, relative to department operations, $75,000 is designated and com mitted for the Professional Practices Commission.

845
10,000 --0--
1,560 32,822 --0-- --0-- --0-- 933,636 706,067
58
7,001,826 1,629,420
52,300 46,700 13,750 322,656 9,600 --0-- 2,425,303 127,465

846

JOURNAL OF THE SENATE,

Provided, that of the above appropriation, relative to special education, $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 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 H. B. 57, subject to prior approval by the Fiscal Affairs 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 purpose.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $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. Of the $2,650,000 appropriated above, $300,000 is designated and com mitted 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, consolidation within a system, renovations, outstand-

MONDAY, FEBRUARY 24, 1975

847

ing 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 distribution.

Provided, that of the above appropriation relating to High School Grants, $250,000 is designated and com mitted for new equipment and repairing existing equip ment in food processing centers; provided, further, that the State shall provide no more than 50 '/( of the repair and equipment cost at any center; provided, further, that the maximum amounts of State funds allocated per center shall be $20,000 for new equipment and $3,000 for repairs.

Provided, that $300,000 of funds appropriated for Direct Grants to School Systems for Capital Outlay purposes shall be granted by the State Department of Education to the Charlton County Board of Education to assist the School System in renovating the St. George School. Such funds shall not be made available until the Charlton County Board of Education has reached maxi mum bonding capacity.

Section 17. 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 _...___..._.--.___.!j> Publications and Printing .._____.___..________._.__________..___.$ Equipment Purchases ................................................$ Per Diem and Fees ... ____ _______________________________________ _____$ Computer Charges .................................................. ^ Employer Contributions ...........................................$ Total Funds Budgeted ... ..................... .._._.______......___.$ State Funds Budgeted .............._.................... .........$ Total Positions Budgeted

514,577 77,000 7,000 --0-- 8,000 3,000 65,000 108,000 805,000 1,587,577 805,000
43

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

848

JOURNAL OF THE SENATE,

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 to Employer Contributions, $5,000 is designated and committed to fund House Bill 346.

Section 18. 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 ....................................................I Computer Charges ....................................................^ Total Funds Budgeted ................................. ^ State Funds Budgeted .____._,,__,,___._._.__,,_,,__._,,._____..._._.$ Total Positions Budgeted

399,964 291,630
2,566 38,160
426 16,845 20,458 7,386 777,435 276,812
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--
665 4,420 2,400 --0-- 50,200 143,571 -- 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

8,130,137 1,576,221
68,684 962,397
12,995 140,390 140,580 23,481 11,054,885 8,314,820
806

MONDAY, FEBRUARY 24, 1975
4. General Administration and Support 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

849
389,179 76,794 10,012 3,500 18,358
7,061 2,000 40,800 547,704 481,415
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 ............._.... ............$

8,994,593 1,955,126
81,354 1,004,057
32,444 168,716 165,438 71,667 50,200

Section 19. 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

667,631
99,615 32,550
4,364 --0-- 18,000
1,000 500
--0-- 156,029 154,631
7

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

535,910 535,910 513,000
0
99,615 32,550

850

JOURNAL OF THE SENATE,

Travel ............ ........__.___.$ Motor Vehicle Equipment Purchases __..___._._._._.___.$ Publications and Printing _____..._______._..._...._____..._._.__..$ Equipment Purchases ___.__....._.___.__._.__.___.__-._______._. ..___.$ Per Diem and Fees ....... ._._.__--.-..__._._..._.$ Computer Charges .......$ Contractual Research Expense ........_......---__..___.__..$

4,364 --0-- 18,000
1,000 500
--0-- 535,910

Section 20. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation __...__.$

6,795,600

1. General 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

339,925 83,338 10,350 19,200 2,650 18,780 5,500 7,500 487,243 438,591
30

2. 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

2,463,071 607,694 103,856 194,200 10,300 73,220 38,000 10,000 78,000
3,578,341 3,322,904
177

3. 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

980,963 191,175 32,250 20,800
6,500 209,250
8,750 41,095 1,490,783 1,336,338
68

MONDAY, FEBRUARY 24, 1975

851

4. Georgia Crime Information 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

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 Purchased

..

_______________$

Section 21. Georgia Motor Vehicle Commission.
Budget Unit: Georgia Motor Vehicle Commission _.,,.._.,,__.._...__$
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 ...... ...... .-.........--...--..------. --_$

Section 22. Georgia Residential Finance Agency.
Budget Unit: Georgia Residential Finance Agency _______________..____..-..._____._-_..--.$

1,170,657 535,664 21,000 12,000 38,617 30,000 10,000
1,345,384 3,163,322 1,697,767
138
4,954,616 1,417,871
167,456 246,200
58,067 331,250 62,250 1,403,979
78,000
27,698 19,698 9,500 2,000 --0-- 3,500 3,000 5,000 --0-- 42,698 27,698
2
19,698 9,500 2,000 --0-- 3,500 3,000 5,000 --0--
69,000

852

JOURNAL OP THE SENATE,

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

25,095 8,255 3,020 --0--
200 6,300 26,130 --0-- 69,000 69,000
7

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 ......._......... ..................................^

25,095 8,255 3,020 --0--
200 6,300 26,130 -- 0--

Section 23. Georgia State Financing and Investment Commission.

Budget Unit: Georgia State Financing

and Investment Commission ,,..--.-...,,----...,,.$

--0-

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
8,000 1,138,953
--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
8,000

MONDAY, FEBRUARY 24, 1975

853

Section 24. 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 Pees ....__.. .-__....-..-.____......_____......__...$

Computer Charges . .

. ..

$

Mansion Allowance ............. $

Gubernatorial Transition Allowance _..--_...---.......$

Total Funds Budgeted ............._.._......._................_......$

State Funds Budgeted ........................................-..._$

Total Positions Budgeted

963,164
571,506 188,500 19,500 --0--
5,000 5,000 20,000 1,000 32,500 25,000 868,006 868,006
36

2. Intern Program Budget:
Personal Services _---___...._..___...--.-..__._.-.-._.....--,,...._.$ Regular Operating Expenses ...... ............._........_......$ Travel ......_..._....._..........._......_....._..._..........................._.$ Motor Vehicle Equipment Purchases ......................^ Publications and Printing _.____......._____.._._._._.__.____..._.$ Equipment Purchases ...................................._...........$ Per Diem and Fees _.____.__..___.___.___..____._.__...._........_.____$ Computer Charges ............. ...................................4 Intern Stipends ................. ................................. .$ Total Funds Budgeted .................................. _.......___.$ State Funds Budgeted ............ ..... ........... .......$ Total Positions Budgeted

55,158 3,000 4,000 --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 ................................_...................$

Mansion Allowance ........_..........................................$

Intern Stipends ..........

. ...... $

Gubernatorial Transition Allowance ..... ..... ........$

626,664 191,500 23,500 --0--
6,500 5,800 20,000 1,700 32,500 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 .................................9

296,297 29,805

854

JOURNAL OF THE SENATE,

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

9,000 --0_
2,950 2,500 57,500 5,600 95,141 498,793 485,793
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

51,432 379,458
2,750 --0--
1,400 300 500
--0-- 435,840 161,105
3

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
4. Intergovernmental Relations 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

317,756 15,100 7,500 --0-- 9,000 1,250 1,000 1,000
352,606 239,606
16
313,505 19,589 21,500 --0-- 3,950 1,000 500 --0--
360,044 335,044
21

5. Management Review Budget: Personal Services ............_......._.......,,............__.....-_...$

282,374

MONDAY, FEBRUARY 24, 1975 '

Regular Operating Expenses _--__..._-......_._.._.._..._..._...$

Travel ...

............... $

Motor Vehicle Equipment Purchases .....................if

Publications and Printing _________________________________ ..____$

Equipment Purchases ,,..._.._._.___._._.._..__.__._.____________.__.$

Per Diem and Fees .............. .---....___._.___._______._____.._..$

Computer Charges ........... $

'Total Funds Budgeted ....... ......................... ..............$

State Funds Budgeted .... ....._._.......___.___......._.__..__.._.$

Total Positions Budgeted

6. Policy Planning 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

7. Georgia Employment and Training Council 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

8. Fuel Allocation Office Budget:
Personal Services ................. .........._..........................$ Regular Operating Expenses .... ......................... .$ Travel .......... .......................... ............ ......................$ Motor Vehicle Equipment Purchases ..... ..........$ Publications and Printing ....................... ......... ....$ Equipment Purchases . .... .....................................$ Per Diem and Fees ....... ...... ................. ..............4 Computer Charges ....... .--.... ...........--...............--.--.$ Total Funds Budgeted .............................................$ State Funds Budgeted .._....................................$ Total Positions Budgeted

855
10,910 5,000
--0-- 1,250 600
--0-- 500
300,634 250,634
16
499,936 43,266 19,000 --0-- 20,500
2,000 172,164 20,000 776,866 396,866
25
282,503 82,043 16,669 --0-- 5,600 8,800 4,840 --0--
400,455 --0--
26
176,058 42,366
9,200 --0-- 10,000
2,000 82,000 --0-- 321,624 321,624
23

856

JOURNAL OF THE SENATE,

9. Georgia Post Secondary Education 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

67,452 12,882 5,444 --0-- 7,504 2,525 23,998 2,500 122,305 40,000
4

Budget Unit Object Classes:
Personal Services .........__.__.._...............__..__.__..__......,,$ Regular Operating Expenses ....--.--.......---------....$ Travel _..........._.._......$ Motor Vehicle Equipment Purchases ......................If Publications and Printing ............__........_.--.....,,.._...$ Equipment Purchases ........._......_...............__.._..._.. _._.$ Per Diem and Fees ............$ Computer Charges ............ ..,,...$ Payments to Regional Commissions .__.._.........._.......$

2,287,313 635,419 96,063 --0-- 62,154 20,975 342,502 29,600 95,141

C. Budget Unit: Governor's Emergency Fund ........$ 2,231,652

Governor's Emergency Fund Budget:
Transfers to State Agencies ........._.._......._....._._.......$ Total Funds Budgeted ......_.._.._..................._..._........__.$ State Funds Budgeted ............_..........._..............._.......$
Budget Unit Object Class: Transfers to State Agencies .............. ......_..__.._.......$

2,231,652 2,231,652 2,231,652
2,231,652

There is hereby appropriated a General Emer gency 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.

MONDAY, FEBRUARY 24, 1975

857

Section 25. Grants to Counties and Municipalities.
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.

Section 26. Department of Human Resources.

A. Budget Unit: Departmental Operations ___________ $ 217,857,836

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 ....................................................^

State of Georgia General Obligation

Debt Sinking Fund ________________________________ _____$

Total Funds Budgeted ...............................................^

State Funds Budgeted ________________________________________ $

Total Positions Budgeted

8,381,916 1,546,014
296,651 8,300
156,266 81,538 71,639 3,537,078
190,000 14,269,402 7,705,972
637

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 ....---_-.-----------.__ .-- _------$

972,621 115,570
28,450 --0-- 23,000
4,000 200
--0--

858

JOURNAL OP THE SENATE,

Total Funds Budgeted _____.__..______._______..._.______.._______...$ State Funds Budgeted ................................................^ Total Positions Budgeted

1,143,841 1,143,841
82

3. Physical Health--Family Health Budget:

Personal Services ......................................................^

Regular Operating Expenses .................. ..._._...___.___.$

Travel . .. .

. ....................$

Motor Vehicle Equipment Purchases ...... ...........4

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 ...._......................._......................$

Total Funds Budgeted ___._...____.....__...__.._..______._..._._._.$

State Funds Budgeted .............................. .._...........$

Total Positions Budgeted

3,981,982 3,503,756
386,136 20,000 82,307 92,710 503,685
2,000 2,890,120
300,000 420,000
2,462,750 14,645,446 8,440,038
412

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 ................... ........ ...$

Capital Outlay .................................._......................$

Total Funds Budgeted ....._....................._................$

State Funds Budgeted ....... ......... .... ...... ...... $

Total Positions Budgeted

4,719,794 971,161 360,212 4,400 68,088 59,544 155,118 31,692
10,013,000 173,000
16,556,009 10,045,915
378

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 per sonnel under the provisions of Public Law 92-157 known as the "Comprehensive Health Manpower Training Act" of 1971.

5. Physical Health--Local Services Budget:
Personal Services ............_..........._......._................... $ Regular Operating Expenses ................................^ Travel ..........................................................................^. Motor Vehicle Equipment Purchases ...... .........$

5,412,719 1,003,296
497,130 --0--

MONDAY, FEBRUARY 24, 1975

859

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

4,360 111,000 170,510 15,000
97,300
92,800 8,331,748 15,735,863 12,179,087
447

Provided, that from funds appropriated to the Phy sical 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 ................._........_......................... $

Motor Vehicle Equipment Purchases ......................^

Publications and Printing .... ............................. ... $

Equipment Purchases

......... ...............--........$

Per Diem and Fees . ........................................$

Computer Charges - ......... ....................... ..........$

Total Funds Budgeted ................... ........................$

State Funds Budgeted ....... .... ... .... .... ....$

Total Positions Budgeted

1,140,373 1,342,250
130,000 --0--
9,200 5,000 32,000 2,000 2,660,823 1,841,505
88

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

1,667,071 3,203,927
57,617 --0-- 20,280 11,388 86,720
1,040 5,048,043 1,234,841
153

8. Mental Health--Local Services Budget:

Personal Services .......................... . .. ......$

Regular Operating Expenses ..........

..... ...$

Travel _..................................._........-..-- ............ ....^

Motor Vehicle Equipment Purchases ... .. $

246,320 34,608 25,956 --0--

860

JOURNAL OF THE SENATE,

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

21,750,718
2,321,391 700,032
3,844,169
1,322,354 30,245,548 15,696,312
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 ...............................----..------...$ Total Funds Budgeted .... ................. .......... ............$ State Funds Budgeted ........... .... ...... ....... ..... ....$ Total Positions Budgeted

316,990 106,359 31,000 --0-- 26,200
11,000 16,600 6,450 514,599 514,599
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 ... ............... ......_.___.----... $

--0-- --0-- -- 0-- --0-- --0-- --0-- --0-- --0--

MONDAY, FEBRUARY 24, 1975

861

Grants to Fulton County for 24-hour Emergency Social Services _____ ___________________ $
Benefits for Child Care ___________ _______ ______ ._._____$ Total Funds Budgeted ___________________ ..................if State Funds Budgeted _______ ..... .___ ... ...........$ Total Positions Budgeted

123,900 6,385,958 6,509,858 3,546,163
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 _______ _ __ _____ ... ...... ....$ Benefits for Child Care --
Attention Homes _ _______ ._ __ .___ ... _.__ ...... ...$ Total Funds Budgeted ___ ................ ___ ___ .._._.$ State Funds Budgeted ___ _____ ..... ______ ___ $ Total Positions Budgeted

5,827,075 28,172,706
473,556 12,200 89,335 33,060 21,060 --0--
1,000,000
64,800 35,693,792
5,259,343 545

13. Services to the Aged Budget:

Personal Services _________________ _____ ______ ...............$

Regular Operating Expenses ...............--... .. .....--.$

Travel __________________________ ................................................if

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 _________________ ............................$ Grants for Nephrology Centers ........... ........$

858,535 9,203,965
26,347 --0--
9,500 34,711 32,123 --0-- 175,000

862

JOURNAL OP THE SENATE,

Total Funds Budgeted ................... .... . ...... ..$ 10,340,181

State Funds Budgeted .......... ................... ... . ...$ 2,579,080

Total Positions Budgeted

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 ... .............. ..................... ___.___.$ Capital Outlay ..........................................................$ Total Funds Budgeted .........................................$ State Funds Budgeted ............... ... ....... .... ... .. ..$ Total Positions Budgeted

7,709,537 4,545,918
135,704 24,370 12,005 192,241 127,690 --0-- 750,000 13,497,465 2,233,514
684

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 .......................... ................$

State Funds Budgeted _....._..._.................... . ...-- .$

Total Positions Budgeted

10,744,856 4,930,551
535,615 --0-- 42,536 128,072 241,771 --0-- 16,623,401 1,671,847
917

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 ............... ............................ $ 256,000,000

Total Funds Budgeted ...................... ..... $ 256,000,000

State Funds Budgeted ............. ................ ........ ....$ 83,135,132

Total Positions Budgeted

0

18. Public Assistance Budget:
Personal Services ..._.___...._...__.--......,,.............._...........$ Regular Operating Expenses ._.._..,,-......--.-------- $ Travel .._........._..........._............_.._.................-........-- $ Motor Vehicle Equipment Purchases ................--.$

--0-- --0-- --0-- --0--

MONDAY, FEBRUARY 24, 1975

863

Publications and Printing ........................................^

-- 0--

Equipment Purchases ........................... ..................___$

--0--

Per Diem and Pees ______ .......................................^

--0--

Computer Charges __.,,._______....._._.._.____..___.._________..._.$

--0--

Cuban Refugees Benefits .... .____........ ....... ..._..__ .$

100,000

SSI-Supplement Benefits .......... .......................^ 3,635,814

AFDC Benefits ........................................................^ 133,722,506

Total Funds Budgeted .... ............... .................. ^ 137,458,320

State Funds Budgeted .______. ...........................^, 37,770,000

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-- 22,712,852 21,799,560 44,512,412 19,642,619
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

2,375,422 2,579,446
211,025 --0-- --0-- 37,380 -- 0-- --0-- 5,377,143 2,479,238
229

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 ... .................................^

55,858,894 61,339,831
3,313,499 69,270 723,947 856,444
1,461,616 3,595,260 2,890,120
300,000

864

JOURNAL OP THE SENATE,

Cancer Control Benefits __......_._.... ---....__..---..___._.. $ 420,000

Maternal Health/Family

Planning Benefits ..__.__________._._________._...__.____._...____..$ 2,462,750

Facilities Construction Grants ...............................^ 10,013,000

Grants for DeKalb County Mental

Retardation Project ,,_...__..__.___._........_..___-_-..__..___._-$

97,300

Grants for Chatham County Mental

Retardation Project

.........$

92,800

Grant-In-Aid to Counties -...._..____.-_--_--.___.__--_....______.$ 8,331,748

Contracts with Day Care Centers

for the Mentally Retarded ...... .___.___.___.... .-______..$ 21,750,718

Grants for Alcoholism Community

Treatment Programs __-.__..__.____.-_...._._.___-_--_..______..$ 2,321,391

Grants for Child Mental Health ___.___.__..__...__.___.__..$ 700,032

Grants for Adult Mental Health _...____....__..___.___.___.._$ 3,844,169

Grants to Group Homes for the

Mentally Retarded

.

$ 1,322,354

Work Incentive Benefits ..

___.______..$ 2,750,000

Grants to Fulton County for 24-hour

Emergency Social Services ... .................... - .....$ 123,900

Benefits for Child Care _..._..........._...........................$ 6,385,958

Georgia Indigent Legal Services Contracts ........$ 1,000,000

Benefits for Child Care--Attention Homes......?

64,800

Areawide and Community Grants .. ......................$ 2,097,000

Nutrition Grants _._..._.._..__.._...__..........._..__.._...............$ 2,688,500

Grants for Nephrology Centers .............._..._...........$ 175,000

Medicaid Benefits ... .._..........................__.....-......_....$ 256,000,000

Cuban Refugees Benefits _.....................................$ 100,000

SSI-Supplement Benefits .._.........,,..........._......_...___...$ 3,635,814

AFDC Benefits ...........................................................^ 133,722,506

Local Services Benefits Payments Grants ........_.$ 22,712,852

Grants to Counties for Social Services _..............$ 21,799,560

State of Georgia General Obligation

Debt Sinking Fund ...............................................$ 190,000

Capital Outlay ........................................................^ 923,000

Provided, that of the above appropriation relating to Medicaid, a specific sum is designated and committed for Medicaid coverage of Non-AFDC Foster Care Chil dren.

Provided, that of the above appropriation, $60,000 is designated and committed to continue the Cancer Reg istry.

Provided, that of the above appropriation, $173,000 is designated and committed for ventilation renovation in the T. B. Laboratory.

Provided, that of the above appropriation relative to departmental operations, no State funds whatsoever shall be used to pay AFDC benefits to the extent that the net average monthly payment per individual exceeds $32.00 on a quarterly average basis.

MONDAY, FEBRUARY 24, 1975

865

Provided, that of the above appropriation, $30,000 is designated and committed to increase the Georgia Medi cal Care Foundation contract for the remainder of F. Y. 1975, and an additional $30,000 is designated and com mitted for the early implementation of the CHEC pro gram.

Provided, that of the above appropriation, $188,000 is designated and committed to provide a one-step Merit System upgrading for the Caseworker series in DFACS.

Provided, that of the above appropriation, $33,000 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 pro gram.

Provided however, that none of the above appropria tion for Medicaid Benefits shall be used to fund any increase in rates for providers of service, unless ap proved in advance by appropriate subcommittees of the House and Senate Appropriations Committees, said sub committees to be so designated by the respective Chair men of said Appropriations Committees.

Provided, that of the above appropriation, $25,000 is designated and committed for the operation of a medical inpatient detoxification center and a 30-day resident center at Jesup, Georgia, for rehabilitation of alcohol and drug abusers.

B. Budget Unit: Mental Health and Youth Development Institutions ...--..___...--...------.....-$ 125,672,714

1. Georgia Regional Hospital at Augusta Budget:

Personal Services .

.

_.____..___.____.__._.$

Regular Operating Expenses ..................................if

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

4,649,466 901,792 20,500 4,000 4,782 13,834 75,600 70,000 387,000
6,126,974 5,611,716
540

2. Georgia Regional Hospital at Atlanta Budget:
Personal Services ........._......_..............._........_.....-_..._.$ Regular Operating Expenses ........._.......__.....___._-.._...$ Travel ........... ....... ......._..........$

5,836,328 1,378,993
10,500

866

JOURNAL OF THE SENATE,

Motor Vehicle Equipment Purchases --....------._... $

Publications and Printing ........................................if

Equipment Purchases --.-------..._..--..--__...._._.___.__.._.$

Per Diem and Fees __.-----_-_..........._._____.__________.____..___$

Computer Charges -.-..--.---__.____.....__.______.._._._.....____..$

Capital Outlay ...................$

Authority Lease Rentals ............

.......$

Total Funds Budgeted .___.______.__.____..__._,,____._...._...._...$

State Funds Budgeted .........._._____...___.___._.......___._...___.$

Total Positions Budgeted

10,000 8,750 32,372 105,072 82,000 100,000 513,000 8,077,015 7,379,841
662

3. Georgia Regional Hospital at Savannah Budget:

Personal Services ..........._.._.$

Regular Operating Expenses ..................................if

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

4,327,296 747,780 17,000 --0-- 2,000 --0-- 72,000
69,000 500,000 5,735,076 5,396,239
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

2,588,507 693,040 20,000 --0-- 8,000 21,000 34,000 65,000 646,500
4,076,047 4,001,047
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 ................_......--_........._...........-...$ Capital Outlay ...._____..._..._........._________________.___.___________.$ Authority Lease Rentals _...................................__....$

4,770,213 1,068,435
20,000 7,245 12,935 57,975 25,935 75,000 178,744 853,500

MONDAY, FEBRUARY 24, 1975

867

Total Funds Budgeted --------...._....._..------..------.$ State Funds Budgeted --..............----------._..------_._.$ Total Positions Budgeted

7,069,982 6,211,238
779

6. Grace-wood 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

...........$

Authority Lease Rentals --_----.......------------$

Total Funds Budgeted ....--------._..------..._._------$

State Funds Budgeted .................... ...__......--------.$

Total Positions Budgeted

13,323,737 3,005,220
30,900 19,425 7,912 131,133
64,622 71,000 519,560 117,000 17,290,509 13,568,507
1,602

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 .......--,,.----------.------------$ Capital Outlay .......--..----...----.......----------$ Total Funds Budgeted ........... ....................._...............$ State Funds Budgeted ................_.........................$ Total Positions Budgeted

6,770,190 1,181,102
29,954 7,725 1,300
34,551 36,231 70,000 75,000 8,206,053 7,067,943
838

8. Georgia Retardation Center Budget:

Personal Services . ....... __------_..------------__.._----.$

Regular Operating Expenses ... ................................^

Travel

.

.

$

Motor Vehicle Equipment Purchases .........----.----$

Publications and Printing ............ .......................^

Equipment Purchases _....... ........ ....._......,,........----.if

Per Diem and Fees .....................................................i

Computer Charges ...............------........_....--------....$

Authority Lease Rentals ........._...............-.......----.$

Total Funds Budgeted ----_....._..._------... ._............'.$

State Funds Budgeted ........_.............. .................. ... $

Total Positions Budgeted

9,746,070 2,655,753
35,301 --0-- 11,410 21,500 63,238 122,100 794,000 13,449,372 12,524,195
1,118

9. Georgia Mental Health Institute Budget:
Personal Services ----..............._------....------.....--$ Regular Operating Expenses ..................................^

6,930,389 1,601,595

868

JOURNAL OF THE SENATE,

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

40,773 --0--
9,870 33,745 77,170 60,810 450,000 9,204,352 8,601,626
710

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 .....__.___________.._.._....._.....,,....___..__.$

Capital Outlay A................................. . _.__.._.$

Authority Lease Rentals .

$

State of Georgia General Obligation

Debt Sinking Fund

.

.$

Total Funds Budgeted ............................................$

State Funds Budgeted .. ....._..._...................... ...___.___.$

Total Positions Budgeted

41,123,400 9,441,821 79,022 40,000 14,408 509,118 104,012 360,000 3,475,000 1,284,000
183,000 56,613,781 45,073,694
4,919

11. State Youth Development Centers Budget:
Personal Services ...... ............. ..................................4 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

6,159,549 1,360,499
26,736 29,400
3,900 38,581 37,300 8,000 7,663,965 7,078,559
646

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 ..................................._...............-.. ....$

2,120,363 544,161 19,470 17,000 1,450 39,145 53,100 --0--
400,000

MONDAY, FEBRUARY 24, 1975

869

Capital Outlay

...._$

Total Funds Budgeted ____________________...._____._.._______.____.$

State Funds Budgeted _____...._._._______._.____.___._______.__..____$

Total Positions Budgeted

144,000 3,338,689 3,158,109
311

Budget Unit Object Classes:

Personal Services

......--..._.$ 108,345,508

Regular Operating Expenses _...._.... ....._................$ 24,580,191

Travel ........_..._..._............_..__................_._......_.........._.._..$ 350,156

Motor Vehicle Equipment Purchases ....._..___._._.__..$ 134,795

Publications and Printing .._......--,..._...................._.$

86,717

Equipment Purchases ....................,.........._............._..$ 932,954

Per Diem and Fees .. ..._._......._..................._...._..........$ 748,280

Computer Charges _._........._..._......._... ......._..........._...$ 1,052,910

Grants to County-Owned Detention Centers ._.___.$ 400,000

Capital Outlay ........................_._........._..................._._.$ 4,492,304

Authority Lease Rentals _....._.._....-..._..._........._........$ 5,545,000

State of Georgia General Obligation

Debt Sinking Fund ....................._......................$ 183,000

Provided, further, that the Department is hereby authorized and directed to redirect up to $75,000 from available funds held by the Georgia Building Authority (Hospital) to complete the planning for the construc tion of a hospital unit at Gracewood State School and Hospital, and to redirect up to $75,000 from available funds held by the Georgia Building Authority (Hos pital) to complete the planning for the construction of a multi-geographic receiving facility at Southwestern State Hospital.
Provided, that the Department is hereby authorized and directed to redirect up to $3,300,000 of available funds held by the Georgia Building Authority (Hos pital) to construct the Water Treatment Facility at Central State Hospital through Capital Outlay.

Provided, that of the above appropriation relating to Capital Outlay, $144,000 is designated and commit ted to plan for the construction of Regional Youth De velopment Centers at Macon, Griffin and Eastman and $175,000 is designated and committed to plan for the renovation of the Alien Building at Central State Hos pital.
Provided, that the funds included in this Section for the State to operate the Clayton County Juvenile Deten tion Center shall only be available for expenditure there for 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 Clarke County Detention

870

JOURNAL OF THE SENATE,

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.

Section 27. Department of Labor.

A. Budget Unit: Inspection Division ...... .................? 449,184

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 25,230 60,000 --0-- 3,000
1,500 600
--0-- 449,184 449,184
30

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 25,230 60,000 --0-- 3,000 1,500 600 --0--

B. Budget Unit: Basic Employment, Work Incentive, Manpower Services and Unemployment Compensation Reserve Fund....$

2,088,524

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
248,400 --0-- 110,250 119,028
6,000 --0-- 14,745,767 75,000
1,008

2. State Administrative Fund Budget:
Personal Services --..__.__..__.._........_.._..-.,,..----.,,.-$ Regular Operating Expenses -..____.______.--------------$

103,108 80,497

MONDAY, FEBRUARY 24, 1975

871

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

-- 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

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

3,231,665 16,942,741
185,460 --0-- 23,835 151,283
3,500 -- 0-- 20,538,484 --0--
273

5. Correctional Manpower Program:

Personal Services ....... ...... ...---$

Regular Operating Expenses ....................................I

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

616,453 207,407
17,999 --0-- --0-- --0-- --0-- --0-- 841,859 491,736
58

872

JOURNAL OP THE SENATE,

6. Unemployment Compensation Reserve Fund Budget:
Unemployment Compensation Reserve Fund ..........._.............. ..,,..__......_.__....___________.$
Total Funds Budgeted ... ................... ........................$ State Funds Budgeted ............_..... _______________._.._____.._.$

525,000 525,000 525,000

7. Work Incentive Budget:

Personal Services .......,_..._...................................... .....$

Regular Operating Expenses ....................................$

Travel .....................

.^

Motor Vehicle Equipment Purchases ....................$

Publications and Printing ........................................if

Equipment Purchases ...... ........................................^

Per Diem and Fees _..................._......................... ...$

Computer Charges ... ............................... _..........$

W.I.N. Grants ..........................................................$

Total Funds Budgeted ...............................................^

State Funds Budgeted ...._..._..............._................_.....$

Total Positions Budgeted

2,767,581 3,540,000
100,000 --0-- --0-- 54,000 --0-- --0-- 1,769,000 8,230,581 813,183
232

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 .....................................................^

W.I.N. Grants .........................................................^

Unemployment Compensation

Reserve Fund ....... .....................-.._....._.....................$

21,529,265 22,455,967
602,259 --0-- 146,685 329,561 9,500 -- 0-- 1,769,000
525,000

Section 28. Department of Law. Budget Unit: Department of Law ...........................^

1,970,219

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

1,597,521 155,000 59,860 --0-- 23,750 18,000 29,450 640
1,884,221 1,801,831
83

MONDAY, FEBRUARY 24, 1975
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

873
132,388 5,000 140
--0-- 250
2,000 550 60
28,000 168,388 168,388
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 ______._______________________.-,,______-_.$

1,729,909 160,000 60,000 --0-- 24,000 20,000 30,000 700 28,000

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 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 29. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration (No direct State General Fund Appropriation is required) _________________
1. Applicant Services Budget:
Personal Services .._____.,,___..__,, Regular Operating Expenses --..,,---. Travel ...._.. ._.,,.._.. Motor Vehicle Equipment Purchases

-0--
359,542 15,850 1,500 --0--

874

JOURNAL OP THE SENATE,

Publications and Printing .._...._....._..._.._..__..___._.__...$ Equipment Purchases ............__..._..............._............. .$ Per Diem and Fees ............................ ^, Computer Charges ........................... .._..__...__.__.___......$ Total Funds Budgeted ..........$ State Funds Budgeted ........__............. ._......_._...........$ Total Positions Budgeted

16,100 3,830 2,000 188,800 587,622 --0--
31

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 .................I

Total Funds Budgeted ........$

State Funds Budgeted ................................................$

Total Positions Budgeted

280,851 7,850 2,400
--0-- 6,675 1,500
140,500
96,685 536,461 --0--
21

3. Employee 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

229,868 7,450 2,500
--0-- 5,750 1,950 3,674
85,000 336,192 --0--
20

4. Training 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 ............$ Total Funds Budgeted ................._..........................$ State Funds Budgeted ._.................... ................-...$ Total Positions Budgeted

179,753 15,150 4,450 --0-- 5,300 300 25,000 200
230,153 -- 0--
13

5. Insurance and Income Maintenance Budget:

Personal Services ....-..............._...........--......-..--.-$

Regular Operating Expenses .............................--....$

Travel ............................

4

166,314 13,075 1,575

MONDAY, FEBRUARY 24, 1975
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. Planning, Research and Special Services Budget:
Personal Services ..............._.--..--...$ Regular Operating Expenses -._.___.__..___.___.-..---._...$ Travel ..........................__..--...._-..$ Motor Vehicle Equipment Purchases ..-.....-------_.$ Publications and Printing ..... ___________.__..___________!f Equipment Purchases .......-_.....$ Per Diem and Fees ............... .._____._.__..$ Computer Charges ......._.$ Total Funds Budgeted ___.__..____.__.____.._.__.____..._...__.__.._..$ State Funds Budgeted .......................if Total Positions Budgeted
7. Administrative and 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

875
--0-- 2,550 1,100 6,000 18,000
208,614 --0--
15
87,430 249,897
4,300 --0--
650 1,300
400 6,000 349,977 --0--
5
131,618 6,230 400
--0-- 1,700 2,900 300 6,000
149,148 --0--
12

8. Directors Office Budget:
Personal Services .__.___.._._____,,......___.___.____.._.____........-_$ Regular Operating Expenses .......................----..--..I Travel ..........................................................................I Motor Vehicle Equipment Purchases ......_.............$ Publications and Printing ....._..........................._....,.$ Equipment Purchases ......------.....--...--------------.$ Per Diem and Fees .........__............................._._.........$ Computer Charges __.._._..........--_,,.-..........----------..$ State Funds Budgeted ............_...._.....................--$ State Funds Budgeted .._......._.....__......-....-...---..$ Total Positions Budgeted
Budget Unit Object Classes:
Personal Services _._..........._.............___._-..------.$

97,500 6,345 4,600
--0-- 2,700 200 1,800
--0-- 113,145 --0--
5
1,532,876

876

JOURNAL OF THE SENATE,

Regular Operating Expenses __............_.._.._....____...___.$ Travel -.-..-- ..... .......--....... ..........$ Motor Vehicle Equipment Purchases ....................^ Publications and Printing ....................................... $ Equipment Purchases _._.__..___.....___.........._._._._______._...$ Per Diem and Fees ............................... .._.........._..$ Computer Charges __..__....._...._._.______...._..__.........___..__.$

321,847 21,725 --0-- 41,425 13,080
179,674 400,685

Section 30. Department of Natural Resources.
Budget Unit: Department of Natural Resources ................................................................$30,779,094.75

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 ...

.

$

Grants to the Herty Foundation ............................$

Total Funds Budgeted ............................._..__............$

State Funds Budgeted ...................._...........................$

Total Positions Budgeted

2. Public Relations and Information 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

848,552 261,822
8,600 3,400 68,000 12,550 30,000 145,942 225,000 1,603,866 1,603,866
70
311,576 63,400 6,200 7,500
250,000 15,000 13,000 --0--
666,676 666,676
25

3. Planning and Research Budget:

Personal Services _......._......._..._...._.._..............._...........$

Regular Operating Expenses _..._..._..._..... ...............$

Travel .......

..................... 4

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 _._......................_......................$

849,060 257,213
65,500 --0-- 74,850 28,800 98,500
3,000 4,000,000
200,000 5,576,923

MONDAY, FEBRUARY 24, 1975

877

State Funds Budgeted ____-______.-______._____._-_________.__.$ 1,345,244

Total Positions Budgeted

64

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

558,398 324,500 19,000
30,500 20,000 36,200 35,300 --0-- 1,023,898 639,483
58

5. Game Management 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

1,259,303 489,700 9,100 154,090 15,000 86,600 3,000 --0--
2,016,793 1,118,657
112

6. Fisheries Management 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

1,319,708 488,094 32,000 117,450 10,500 114,955 3,000 6,327 250,000
2,342,034 1,861,096
111

7. Law Enforcement Budget:
Personal Services _________________________ ......_..........._.........$ Regular Operating Expenses ....................................^ Travel .............. ___________________ ___..____.___________._-_. ...___.._____$ Motor Vehicle Equipment Purchases ...._...._......... $ Publications and Printing ....................... ____...________.$ Equipment Purchases ....... ........................................^ Per Diem and Fees . ......................--... .....................^

2,891,313 759,535 49,101 248,280 29,394 164,092 --0--

878

JOURNAL OF THE SENATE,

Computer Charges .-._.................-.$ State of Georgia General Obligation
Debt Sinking Fund .__..__.___.__.._____...._.._____._____.___._._.$ Total Funds Budgeted ........ ....-.$ State Funds Budgeted ............................................I Total Positions Budgeted
8. Project Evaluation 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
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

--0--
27,000 4,168,715 3,972,160
242
63,278 8,575 2,300 3,400
600 2,500 --0-- --0-- 80,653 80,653
4
29,939 1,600 2,500
--0-- --0--
500 2,400 --0-- 36,939 36,939
2

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 _........_.......... .....$

Total Funds Budgeted .... ................... .....................$

State Funds Budgeted ................................................^

Total Positions Budgeted

3,159,615 2,066,102
49,875 265,030 15,200 281,249 24,400 --0-- 1,865,200 2,526,000
--0-- 10,252,671 8,427,671
321

MONDAY, FEBRUARY 24, 1975

879

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 ...__............................................$ Topographic Mapping--U. S.
Geological Survey ..................................................J$ Contract with U. S. Geological Survey for
Ground Water Resources Survey ...._._..._..._....._.$ Total Funds Budgeted ... .... ........... ....... ...___.$ State Funds Budgeted .... ..... ..............................i Total Positions Budgeted

471,711 57,475 23,203 29,550 26,000 64,072
6,400 --0--
1,585,000
176,000 2,439,411 2,156,411
33

12. Water Supply Budget:

Personal Services ........... ........................................^

Regular Operating Expenses ............... ............. $

Travel

................. .___.$

Motor Vehicle Equipment Purchases .. -...._..........$

Publications and Printing .................................. .....$

Equipment Purchases ........................................ .......$

Per Diem and Fees ....................................................^

Computer Charges . .. . . ......._....___._..__....._...__.._._.$

Fluoridation Grants .................................................^

Total Funds Budgeted .. .......... ...... ................ ... ...$

State Funds Budgeted ... . . .. ............. ..............^

Total Positions Budgeted

425,055 37,800 26,004 --0-- 5,000 21,500 --0-- 20,000 250,000 785,359
785,359 35

13. 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

1,335,404 705,400 40,000 10,000 7,000 30,000 --0-- 105,289
2,000,000 4,233,093 2,978,256
94

14. Air Quality Budget:
Personal Services ....................._................................$ Regular Operating Expenses ....--........ ............-...-- $ Travel ............................................................................$ Motor Vehicle Equipment Purchases ....._......-.......$ Publications and Printing ........................................$

999,391 64,300 54,000 --0-- 3,000

880

JOURNAL OP THE SENATE,

Equipment Purchases _,,__.._.$ Per Diem and Fees .........._.................._.._............_......$ Computer Charges _______________.____.__._..__.___________________,,.$ Total Funds Budgeted ........-................._............._.......$ State Funds Budgeted .........._......... ....._..........._.. ....$ Total Positions Budgeted

41,774 --0-- 58,092 1,220,557 720,557
77

15. 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

494,992 44,088
29,532 --0--
8,200 8,000 1,500 --0-- 2,000,000 2,586,312 2,574,510
35

16. 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

142,351 26,500 9,775 --0-- 2,500 1,425 4,000 42,506 229,057 229,057
9

17. Heritage Trust Budget:

Capital Outlay ...

.......$

State of Georgia General Obligation

Debt Sinking Fund ........_....._..._._....._....._..._....._.....$

Total Funds Budgeted ........_.._........_......._....._......_..$

State Funds Budgeted ........_..... ..........................._.....$

Total Positions Budgeted

411,499.75
302,000.00 713,499.75 713,499.75
0

18. 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

879,000 879,000 869,000
100

MONDAY, FEBRUARY 24, 1975

881

Provided, that of the above appropriation, $150,000 is designated and committed for matching with Bureau of Outdoor Recreation funds for recreational improve ments.

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 ..............................................4

Land and Water Conservation Grants .. -.... ....... $

Recreation Grants ____________ ___________________ _-___$

Grants to the Herty Foundation ..... ... .... . ... . $

Water and Sewer Grants .............. ............. _$

Fluoridation 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 _ __ __

...... ._$

15,159,646.00 5,656,104.00 426,690.00 869,200.00 535,244.00 909,217.00 221,500.00 381,156.00 4,000,000.00 200,000.00 225,000.00 2,000,000.00 250,000.00 2,000,000.00
176,000.00
1,585,000.00
879,000.00 2,526,699.75 2,526,000.00
329,000.00

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 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 Resources.
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.

882

JOURNAL OF THE SENATE,

Provided, that of the above appropriation, $278,000 is designated and committed to Publications and Print ing in the Public Relations and Information Section.

Provided, that of the above appropriation relative to Capital Outlay, $143,000 is designated and com mitted for improvements at the George T. Bagby State Park.

Section 31. Department of Offender Rehabilitation.

A. Budget Unit: Department of Corrections ... - .....$ 4,253,159

1. General 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 ................................. .._._._........_..$ Inmate Release Fund--
Payments and Clothing _..._.__________.__.._.___.._....______.$ Total Funds Budgeted _...............................................$ State Funds Budgeted ................................ .. ....... ..$ Total Positions Budgeted

2,523,270 574,584 144,630 4,500 32,300 103,480 100,500 236,036
370,000 4,089,300 4,089,300
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 ... .. .. ... ..... .. ........ .. .........$

Total Funds Budgeted .......... . ...... ......... .......$

State Funds Budgeted .............. ........... ..... ... $

Total Positions Budgeted

116,859 33,500
6,000 4,000 --0-- 2,000 1,500 --0-- 163,859 163,859
8

3. Grants -- Corrections Budget:

Personal Services ...... .. ... ........

Regular Operating Expenses ............ ...

Travel ......................... .............................

Motor Vehicle Equipment Purchases

Publications and Printing ....................

Equipment Purchases .......... .................

Per Diem and Fees

.. ............

Computer Charges .... .___..........._._.... _.

1,066,558 480,015 104,354 127 26,316 57,557 127,457 23,119

MONDAY, FEBRUARY 24, 1975

883

Direct Benefits ........_............. ............_.............. .....__.$ Total Funds Budgeted .............. _-....-...-._.-...............-$ State Funds Budgeted __.._...___._.._.._.._.._._.__..__.._._.____.....$ Total Positions Budgeted

34,948 1,920,451
--0-- 110

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 ......................... _........_.___..... _..........$ Inmate Release Fund--
Payments and Clothing ...................... ...... ......$

3,706,687 1,088,099
254,984 8,627 58,616
163,037 229,457 259,155
34,948
370,000

B. Budget Unit: Correctional Institutions ..... ... ... $ 25,187,945

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 ............ .... . ..... ...............if

Total Funds Budgeted .................... ........... . .... $

State Funds Budgeted ...... ... .. . ... ... $

Total Positions Budgeted

878,853 453,582
2,240 17,000
102 38,516 16,378 --0-- 1,406,671 1,095,488
83

2. Georgia Industrial Institute Budget:

Personal Services ..... . .. . .. ......... . .... .. .$

Regular Operating- Expenses ...... .--.... ...... . $

Travel

.

.

....... .. $

Motor Vehicle Equipment Purchases .................if

Publications and Printing ... ... ...... .... $

Equipment Purchases ... ...... . ..... .......$

Per Diem and Fees . ....... ... .... ......$

Computer Charges ... ... . ................................^

Capital Outlay .......... .... .......... ....._.....- .........._.$

Total Funds Budgeted ...................... ... .. . ..... .......$

State Funds Budgeted ........................ ...... $

Total Positions Budgeted

2,184,338 1,298,277
7,142 58,800
615 33,015 13,783 --0-- 218,000 3,813,970 3,803,970
225

3. Georgia Diagnostic and Classification Center Budget:
Personal Services ..... ..... .._... .......................^

2,269,108

884

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 ...........................................................^

Authority Lease Rentals ........................................^

Total Funds Budgeted . ..................... .......$

State Funds Budgeted _................_................. ._....._.$

Total Positions Budgeted

899,316 4,094
128,500 819
39,900 48,975 --0-- 18,000 640,000 4,048,712 4,042,512
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

4,694,950 2,455,952
5,165 54,000
1,535 129,621 78,540 --0-- 343,000 7,762,763 7,677,763
449

5. Conslidated Branches Budget:

Personal Services ... ..... ...............

. .. . _ _.$

Regular Operating Expenses ................ ..... ......$

Travel .. .. . .......... ... ... .. ... .... .._.$

Motor Vehicle Equipment Purchases . . ...$

Publications and Planting ................ .__..._._....._$

Equipment Purchases ..............._.... ..._... ............$

Per Diem and Fees ....... .. ....................... ... . $

Computer Charges .............. ..._......_._._....._._._._.___. $

Capital Outlay ..... ............. .. _..._.._..._...$

Authority Lease Rentals ........... .............. .. $

Total Funds Budgeted .......... . ... .... . _._.$

State Funds Budgeted ............. .. ._......$

Total Positions Budgeted

4,957,383 2,836,374
39,204 122,110
3,572 86,976 167,253 --0-- 690,156 200,000 9,103,028 8,568,212
518

Budget Unit Object Classes:

Personal Services

................

._._.$

Regular Operating Expenses .......... ....... ...... . .......$

Travel ....................................................................... $

Motor Vehicle Equipment Purchases

.....$

Publications and Printing .................... .......... if

Equipment Purchases .......... ...............................^

Per Diem and Fees .......................................... ..^

Computer Charges .............................................. ..$

Capital Outlay ......................... ..................._...........$

Authority Lease Rentals .....................................$

14,984,632 7,943,501 57,845 380,410 6,643 328,028 324,929 --0-- 1,269,156 840,000

MONDAY, FEBRUARY 24, 1975

885

Provided, that the Department is hereby authorized and directed to redirect $245,000 from the Revenue Fund of the Georgia Building Authority (Penal) to construct a 175-bed dormitory facility at the Vocation al Rehabilitation Center at Georgia Industrial Institute.

Provided, that of the above appropriation relative to Capital Outlay, $60,000 is designated and commit ted to renovate the electrical systems at Lowndes Cor rectional Institute and Lee Correctional Institute.

Provided, that of the above appropriation relative to Capital Outlay, $250,000 is designated and commited to equip the new Georgia Rehabilitation Center for Women in Baldwin County.

Provided, that of the above appropriation relative to Capital Outlay, $30,000 is designated and commit ted for a comprehensive sewage disposal plan at Geor gia State Prison and Lee Correctional Institute.

Provided, that of the above appropriation relative to Capital Outlay, $64,000 is designated and committed for a farrowing barn and abattoir at Georgia Industrial Institute.

Provided, that of the above appropriation relative to Capital Outlay, $263,000 is designated and committed for a new feed mill, a porcine facility and related equipment at Georgia State Prison.

C. Budget Unit: Department of Offender Rehabilitation . ______ __ ___ ....... ___. ________ ___ ........ ....$ 4,727,751

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

33,957 13,497 50,140 -- 0-- --0-- 6,600 4,318 --0-- 108,512 93,212
2

2. Probation-Parole Supervision Regional Operations Budget:
Personal Services ----- ________--.---- Regular Operating Expenses ... ....

_______$ ___ $

4,072,006 236,585

886

JOURNAL OP 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

258,136 --0-- 1,542 40,000 7,000 --0--
4,615,269 4,615,269
374

3. Grants -- Offender Rehabilitation:
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

2,139,804 630,080 177,219 --0-- 35,541 90,342 113,716 7,490 58,000
3,252,192 19,270 247

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 ............ ...^

6,245,767 880,162 485,495 --0-- 37,083 136,942 125,034 7,490 58,000

D. Budget Unit: Board of Pardons and Paroles .....$
Board of Pardons and Paroles 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

431,147
410,694 20,547 28,750 --0-- 2,000 13,980 2,500 --0--
478,471 431,147
25

MONDAY, FEBRUARY 24, 1975

887

Budget Unit Object Classes:

Personal Services ---._._.-----.-.___.---__.._...--_____........__..$

Regular Operating Expenses ..................................^

Travel

.

.. .

. .._________._____.$

Motor Vehicle Equipment Purchases ....__.._..._.__....$

Publications and Printing .......................................^

, Equipment Purchases ................................................^

Per Diem and Pees .............................................. ..^

Computer Charges ...............................-_......... ._...$

410,694 20,547 28,750 --0-- 2,000 13,980 2,500 --0--

Section 32. Department of Public Safety. Budget Unit: Department of Public Safety .......... $ 22,186,349

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

244,236 24,600 14,000 --0--
7,000 3,000 7,000 2,000 301,836 --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

263,242 40,238 9,380 10,200 16,105
2,800 2,810 --0-- 344,775 294,775
16

3. 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

610,055 864,662
2,750 6,800 69,441 120,360 10,660 158,210 1,842,938 1,842,938
66

JOURNAL OP THE SENATE,

4. Georgia State Patrol Budget:

Personal Services

....._...$

Overtime Payments ................................_....._............$

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

13,629,977 266,822
2,090,801 79,448
1,520,984 884,103 153,594 130,000 998,970 104,500
19,859,199 19,719,083
1,118

5. Police Academy 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

166,723 69,982
5,760 --0--
6,980 --0-- 44,500 --0-- 293,945 208,945
11

6. Mandate 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

140,619 18,258
6,710 7,300
818 3,071
100 --0-- 176,876 120,608
11

Budget Unit Object Classes:
Personal Services .. .. .... ........_..................._...........$ Overtime Payments ............................._.....................$ Regular Operating Expenses ....................................$ Travel ........................................................................ $ Motor Vehicle Equipment Purchases ............----..$ Publications and Printing .. .............._......................$ Equipment Purchases ............................._.............._...$ Per Diem and Fees ...................................................$ Computer Charges ........_..........................................$ Capital Outlay ...................................................._._.....$

15,054,852 266,822
3,108,541 118,048
1,545,284 984,447 282,825 195,070
1,159,180 104,500

MONDAY, FEBRUARY 24, 1975

889

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 Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

Provided, however, that of the above appropriation, $30,000 is designated and committed to furnish and equip the Villa Rica Patrol Station.

Section 33. 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 ...... ... .................... ....^

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 34. Public Service Commission. Budget Unit: Public Service Commission . ..... .. $

2,068,947

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

446,115 26,050 4,500 --0-- 1,500 3,200 15,000 --0--
496,365 496,365
27

2. Transportation Budget:
Personal Services .. ... .... ....................... .........$ Regular Operating Expenses . ............... ......... $ Travel ............... ..".. ... .... ...................... ..... .. ........... $ Motor Vehicle Equipment Purchases ... ..... ..... .$ Publications and Printing ... ........... .. .. ........ ..$

486,042 99,050 35,000 12,000
9,700

890

JOURNAL OF THE SENATE,

Equipment Purchases .............._._...--..._._........_______,,_.$ Per Diem and Fees __._._.._,,____....._.__.._..._____,,._____________._.$ Computer Charges _........_,,.............................,..$ Total Funds Budgeted _.____.._....._......__._...___....__...___..._.$ State Funds Budgeted ................................... ... ........$ Total Positions Budgeted

13,500 3,000 --0-- 658,292 658,292
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

711,840 77,550 27,000 7,000 9,000 30,050 76,850 --0-- 939,290 914,290
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 ................_......... ..........----.........$

1,643,997 202,650 66,500 19,000 20,200 46,750 94,850 --0--

Section 35. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction and University System Institutions ........_...........__.._..........._...........$ 254,041,707

1. Resident Instruction Budget:

Personal Services ........................................................$ 219,297,643

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 . . .

$ 16,200,500

Capital Outlay ...........................................................$ 4,112,404

Authority Lease Rentals ........... ............_..._.............$ 22,739,136

State of Georgia General

Obligation Debt Sinking

Fund .........................................__.__.----.......-..--$ 2,000,000

Total Funds Budgeted ............ ..............._..................$ 326,492,683

State Funds Budgeted _......................... ........ ............$ 223,642,166

Total Positions Budgeted

15,287

MONDAY, FEBRUARY 24, 1975

891

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 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 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.
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

892

JOURNAL OF THE SENATE,

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.
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
103,956 334,956 324,000
19

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 38

4. Engineering Experiment Station Budget:
Personal Services .............................................. . $ Regular Operating Expenses, Travel,
Motor Vehicle Equipment Purchases, Publications and Printing, Per Diem and Fees, Equipment Purchases, and Computer Charges ......................................... $

6,528,749 1,994,200

MONDAY, FEBRUARY 24, 1975

893

Total Fu.uls Budgeted ........._....._._.._.... _......_._..._._. $ State Funds Budgeted _--- .......................... ........$ Total Positions Budgeted

8,522,949 2,204,000
201

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 ... ................. ... ..... . .. $

Total Funds Budgeted . ......... .. ........ . ... .. $

State Funds Budgeted

... .. ...... ... $

Total Positions Budgeted

659,000
315,500 974,500 358,500
60

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
4,793,745 14,635,721 9,044,000
848

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

14,113,099
2,320,787 16,433,886 8,243,041
944

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 ... ..... ... ..... ... ... .. .. . $ Total Funds Budgeted .. .... .. ... .. . ... .....$ State Funds Budgeted .. . . . . .. ..... .. ... $ Total Positions Budgeted

15,453,304
4,922,262 20,375,566
9,689,000 1,864

Budget Unit Object Classes:

Personal Services

......... ....... - ..........$ 266,849,771

894

JOURNAL OF THE SENATE,

Regular Operating Expenses, Travel,

Motor Vehicle Equipment Purchases,

Publications and Printing, Per Diem

and Fees, Equipment Purchases, and

Computer Charges ......$

Teachers' Retirement ..............................................^

Capital Outlay .

.... __..._._._..__.......__..__...._.$

Authority Lease Rentals ....... ................... .._-.......-.$

State of Georgia General

Obligation Debt Sinking Fund .................... .....$

77,168,450 16,200,500 4,112,404 22,739,136
2,000,000

B. Budget Unit: Regents Central Office ................$ 6,217,500

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

1,649,400
994,500 345,000 200,000 3,031,000 6,219,900 6,217,500
112

Provided, that from the above appropriation relating to Regents Central Office, $4,000 is designated and com mitted for two additional student grants for the South ern 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 Scholarships .. ........ . ...... ..... ... $

Grants to Junior Colleges ....... ....... . .... .. $

1,649,400
994,500 345,000 200,000 3,031,000

Section 36. Department of Revenue. Budget Unit: Department of Revenue ........................^ 22,909,987

1. Executive Administration Budget:

Personal Services

.

$

Regular Operating Expenses ...................................^

Travel ...._......................................_.. ............................$

869,455 750,011
12,000

MONDAY, FEBRUARY 24, 1975

895

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-- 194,173
1,000 20,800 30,000 1,877,439 1,877,439
32

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

797,506 56,295 1,500 --0-- 2,736 2,500 BOO 62,859
923,896 923,896
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 ................................................if

State Funds Budgeted ....................... ______ ...... ---__$

Total Positions Budgeted

781,415 19,885 44,682 17,000 77,000 3,600 45,000
1,285,000 325,000 860,000
3,458,582 3,257,582
66

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 ap propriated 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 _.__.___..._..__.._...__...._______..._$ Equipment Purchases ...............................................^

734,772 66,420 4,000 -- 0-- 42,400 5,000

896

JOURNAL OP THE SENATE,

Per Diem and Fees ._.._..........__.__..__....____________...______$ Computer Charges .....................................................if Total Funds Budgeted _________..____..._.____________._____.__. .___.$ State Funds Budgeted __..______._._..__._. .........................if Total Positions Budgeted

_o_ 260,875 1,113,'467 1,113,467
74

5. Motor Fuel Taxation Budget:

Personal Services

........$

Regular Operating Expenses _._...-._.-.___.___.______.._.____..$

Travel ........... .__.._...___._._._...$

Motor Vehicle Equipment Purchases -.....____._----.$

Publications and Printing ___._._._...__......_._._._._______.__..$

Equipment Purchases ................................................if

Per Diem and Fees ........___.___-_.._._.._.._._._______.___.._......$

Computer Charges ..

.....$

Total Funds Budgeted ....... ................_.......................$

State Funds Budgeted .................................... ........._.$

Total Positions Budgeted

338,205 4,740 2,000
--0-- 43,384 2,000
100 78,437 468,866 468,866
36

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

1,150,381 140,624 3,507 --0-- 178,843 2,500 --0--
1,305,192 2,781,047 2,781,047
113

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

1,544,367 206,868 47,032 114,000 13,472 7,500 15,200 69,796
2,018,235 2,018,325
123

8. Motor Vehicle Registration Budget:
Personal Services ._.._........................_.................._.......$ Regular Operating Expenses ............._........._..........$ Travel ...._..................._._.................................................$ Motor Vehicle Equipment Purchases ..... ..........--.$ Publications and Printing ............................_...........$

1,776,332 241,745 5,212 14,502 207,128

MONDAY, FEBRUARY 24, 1975

897

Equipment Purchases ...................._.......................,,_.$

Per Diem and Pees ---.....,,----_....-.......,,.._._.._..-....._.$

Computer Charges --.-...

..._.,,$

Total Funds Budgeted ............__............._...._._...........$

State Funds Budgeted ............................__......_......._._.$

Total Positions Budgeted

12,800 --0-- 1,545,320 3,803,039 3,803,039
209

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

1,082,272 43,493 148,500 --0-- 3,000 16,000 500 5,000
1,298,765 1,298,765
76

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

2,829,210 139,550 219,000 --0-- 8,918 24,573 2,000 5,000
3,228,251 3,228,251
239

11. Motor Vehicle Tag Purchases Budget:
Motor Vehicle Tag Purchases __......._.._......__.._.......$ Motor Vehicle Decal Purchases ...._.......-.._....._.__..._..$ Total Funds Budgeted .,,-.,,.-- ....$ State Funds Budgeted ____.._......_.._..._._...,,.....,,....___...$ Total Positions Budgeted

1,860,000 279,400
2,139,400 2,139,400
0

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,860,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the produc tion of at least 3,100,000 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 case shall the total amount paid for such tags exceed the amount herein appropriated, provided the advances made

JOURNAL OF THE SENATE,

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

_Q_ --0-- --0--
0

Provided, that of the above appropriation, no funds are designated and committed for the cost of the Intan gible Tax Equalization Fund provided for in an Act approved 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 ................... 4 Loans to Counties/Property Reevaluation _....._.....$ Grants to Counties/Appraisal Staff ....._..._.._._.....$ Motor Vehicle Tag Purchases ...._-..................-..-.--$ Motor Vehicle Decal Purchases __.._..._....._.__.._-_._.._..$ Intangible Tax Equalization Fund ____.-.-__.______-.,,...__.$

11,903,915 1,669,631 487,433 145,502 771,054 77,473 84,100 4,647,479 325,000 860,000 1,860,000 279,400 --0--

Section 37. Secretary of State. Budget Unit: Secretary of State __.._._..,,.__.........-........$

5,910,706

1. Occupational Certification Budget:

Personal Services ...._............._....... ............_...........,,..$

Regular Operating Expenses --..,,.,,..------------.._--$

Travel ............................................ ^

Motor Vehicle Equipment Purchases ___.------,,.---$

Publications and Printing ....._.........................__......$

Equipment Purchases ........

4

Per Diem and Fees .................................^

Computer Charges ,,......_._......._._.._,,._,,..__....,,......,,_..$

Total Funds Budgeted ................

^

State Funds Budgeted ...................._.........................$

Total Positions Budgeted

1,124,565 372,167 145,036 --0-- 53,500 44,000 129,000 --0--
1,868,268 1,859,768
114

2. Securities Regulation Budget:
Personal Services ....,,,,,,_-..._...........___...---____.____-_.___ $ Regular Operating Expenses _.__________,,--__.-_--_____---__$

167,260 17,000

MONDAY, FEBRUARY 24, 1975
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

899
12,000 --0--
2,000 6,000 --0-- --0-- 204,260 204,260
13
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 -......----..-- .------..---.$

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

1,003,286 138,309 6,400 3,500 23,000 16,500 --0-- --0-- 815,000
2,005,995 2,005,995
89

900

JOURNAL OF THE SENATE,

6. General Services 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

365,545 79,000
7,000 --0-- 68,000
7,000 4,000 --0-- 530,545 510,545
31

7. Internal Administration Budget:

Personal Services .__.__..___......_.._____..._._._....._._______.___.___.$

Regular Operating Expenses ___._...___....._.......___.___.-...$

Travel

...........$

Motor Vehicle Equipment Purchases ....____....__..___.$

Publications and Printing ___.__.___.___.._.._____._..__._____...$

Equipment Purchases ................................................if

Per Diem and Fees _._____________.__..___.__________..___.___________.$

Computer Charges _____.___________.___.__._____________....___________.$

Total Funds Budgeted ________.___.._.___.___.__.________.___.____..$

State Funds Budgeted ___._._.....___..__._....__.___.____...._..._.$

Total Positions Budgeted

383,239 123,700
4,000 --0-- 100,000
5,000 --0-- --0-- 615,939 615,939
28

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 ....................................................if Total Funds Budgeted ............... ._.._._..__..______.___.___.....$ State Funds Budgeted _._.....__..__.._..._..._._.._...............$ Total Positions Budgeted

48,599 18,806
4,000 --0--
5,200 1,300 --0-- --0-- 77,905 77,905
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

MONDAY, FEBRUARY 24, 1975

901

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 ......

3,522,502 828,988 224,616 3,500 322,200 85,900 136,500 --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 38. State Scholarship Commission.

Budget Unit: State Scholarship

Commission

.......$

8,399,082

1. Internal Administration Activity Budget:

Personal Services ....__...$

Regular Operating Expenses __________.._______.______.______.$

Travel

..._._...--..$

Motor Vehicle Equipment Purchases ___._,,--..----_._.$

Publications and Printing ......_....._..._._.._..-...___._,,._...$

Equipment Purchases ...............................if

Per Diem and Fees ............... -...,,.$

Computer Charges ............_......._........__.....___..,,....._...$

Total Funds Budgeted ................. .....-.$

State Funds Budgeted _....._.._..............-._...-_-......-_...$

Total Positions Budgeted

2. Higher Education Assistance Corporation Budget:
Payment of Interest ......-....._.-......_..........-....._.___...$ Total Funds Budgeted ............_._.._.._...___._..._..........._...$ State Funds Budgeted _....___.___....____._.--.-__.___.__-.___..-.__.$ Total Positions Budgeted

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

4. Law Enforcement Personnel Dependents Scholarship Program Budget:
Law Enforcement Personnel Dependents Scholarships --._._.._--._._--------------$

586,730 130,680
24,440 --0-- 15,400 18,000
9,662 248,838 1,033,750 671,150
50
296,000 296,000 121,000
0
1,995,000 5,046,932 1,030,000 8,071,932 7,596,932
0
10,000

902

JOURNAL OF THE SENATE,

Total Funds Budgeted ...._._......_---...._.__._......___......__.$ State Funds Budgeted ...................,,._.$ Total Positions Budgeted

10,000 10,000
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 _....$

586,730 130,680
24,440 --0-- 15,400 18,000
9,662 248,838 296,000 1,995,000 5,046,932 1,030,000
10,000

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 purpose 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 $10,000 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 $5,046,932 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 desig nated and committed for the purpose of providing

MONDAY, FEBRUARY 24, 1975
incentive scholarships of not more than $450 per academic year to students at the undergraduate level pursuant 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 pur suant to regulations prescribed by the Georgia Higher 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 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 in centive scholarship. Depending upon the amount of Federal or State funds available for this purpose, prior ity 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 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 undergrad uate academic level or classification, provided, however, such priority for veterans shall only apply to $230,000 of the funds appropriated to Student Incentive Scholar ships.

Section 39. 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 ..............................................I

Total Positions Budgeted

903
395,409 138,165 176,989 25,344 --0--
3,355 1,400 60,156 --0-- 405,409 395,409
11

904

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 ................. ^

138,165 176,989 25,344 --0--
3,355 1,400 60,156 --0--

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System----.$

1,745,065

Departmental Operations Budget:

Personal Services ------..__..---------------- $

Regular Operating Expenses ----------....--_....-..$

Travel ----------------------------------..------..-$

Motor Vehicle Equipment Purchases ._----_--------.$

Publications and Printing

_---------- .....$

Equipment Purchases _._.__..__.._____.__....___----$

Per Diem and Fees .......$

Computer Charges ......... ^

Employer Contributions ................ ,^$

Floor Fund for Local Retirement Systems.-........?

Total Funds Budgeted

..............

^

State Funds Budgeted ..........

$

Total Positions Budgeted

448,412 42,300 14,500 --0-- 9,100 9,000
178,400 131,700 1,500,000 245,065 2,578,477 1,745,065
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 ......$

Floor Fund for Local Retirement Systems--....--$

448,412 42,300 14,500 --0--
9,100 9,000 178,400 131,700 1,500,000 245,065

Provided, that of the above appropriation relating to Employer Contributions, $1,500,000 is designated and committed to fund S. B. 535.

Provided, that of the above appropriation relating to Floor Fund for Local Retirement Systems, $245,065 shall be used to implement a nine dollar per month per year of service retirement floor effective April 1, 1975.

MONDAY, FEBRUARY 24, 1975

905

Section 41. Department of Transportation. Budget Unit: Department of Transportation....? 252,992,454

1. Planning and Construction Budget:

Personal Services ..............................I 53,574,189

Regular Operating Expenses __--_____.--__--__,,,,_,,.__._._.$ 6,297,915

Travel _.._,,.._...... ......................if 2,680,040

Motor Vehicle Equipment Purchases --.,,__-----_._.$

--0--

Publications and Printing .._......_..,,..._____..........._......$

26,275

Equipment Purchases -.----....... ..--.._.-_....$

92,450

Per Diem and Fees ...._.. ...._....,,.............,,......__...$

--0--

Computer Charges ....... ................. .._.._.$

--0--

Capital Outlay ....._..._...........,,._........._............__._._._.__..$ 190,907,538

Total Funds Budgeted _..............._........._..._....._........._.$ 253,578,407

State Funds Budgeted ......,,.....__.._.......___......_..__.._._...$ 114,798,322

Total Positions Budgeted

3,959

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 ..........................I

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-- 18,929,394 67,930,012 67,930,012 4,112

3. Authorities Budget:

Authority Lease Rentals ...._......._........_.._-........._._.$

State of Georgia General Obligation

Debt Sinking Fund

..........$

Total Funds Budgeted ....._..........._...$

State Funds Budgeted _..........__.........._..._.....__............$

27,377,802
5,096,879 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 1,128,625 1,596,600 5,524,320 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

906

JOURNAL OF THE SENATE,

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

............$

Total Positions Budgeted

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

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 immed iately 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 Depart ment of Administrative Services in the immediately preceding fiscal year and enter the full amount so deter mined on the records of the State as being the ap propriation payable in lieu of the amount 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 appropriations and/or balances appropriated and brought forward from previous years as requested by the De partment of Transportation and approved by the Office of Planning and Budget.

151,391 2,094,182
2,000 --0--
5,000 --0-- --0-- --0-- 2,252,573 2,252,573
10
5,331,069 1,911,163
346,021 --0-- 370,060 --0--
7,200 1,261,886 9,227,399 9,227,399
369

MONDAY, FEBRUARY 24, 1975

907

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 ad justment 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 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 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 sur veys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for county contracts shall be in accordance with and on the basis of average prices 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 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

908

JOURNAL OP THE SENATE,

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 pro vided 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 re quirements 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 General Obligation procedures established by the Con stitution to finance said new program for the construc tion 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 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 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 pro portion of each county's total public road mileage is to the total public road mileage in the State, as such mile age 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.

MONDAY, FEBRUARY 24, 1975

909

The expense of such audit shall be deducted from funds granted to such county in any future year.

Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below:
Maintenance and Betterments Resurfacing Program ................... _._____.___._._________.$

11,091,345.88

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropria tions to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue required under Article VII, Sec tion IX, Paragraph IV of the State Constitution.

8. Assistance to Municipalities Budget:
Grants to Municipalities ........................_._....._...........$ Total Funds Budgeted ....._..................................__.._...$ State Funds Budgeted .............................._._.............$

9,317,000 9,317,000 9,317,000

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 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 municipal ity in any future year.

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.

9. Air Transportation Budget:
Personal Services ........,,..._.$ Regular Operating Expenses _....._.__.._..._._.....-.._..._._.$ Travel ..............,,-.-.$ Motor Vehicle Equipment Purchases __.._---___.----$ Publications and Printing ...._......._.._....,,.._....._....._...$

287,345 278,220
6,800 46,500
300

910

JOURNAL OF THE SENATE,

Equipment Purchases

._.-------- ..$

Per Diem and Fees .............................................. ^

Computer Charges --.--.-----.-....--......----_--...--..,,...$

Total Funds Budgeted ............,,..............._......._..__......$

State Funds Budgeted ...................$

Total Positions Budgeted

17,400 5,000 --0-- 641,565 441,565
18

10. Inter-Modal Transfer Facilities 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

253,509 537,280
16,000 --0--
14,500
6,600 --0-- --0-- 976,000 1,803,889 1,803,889
19

11. Harbor Maintenance Budget:
Harbor Maintenance Payments _..................,,_...._...$ Total Funds Budgeted ...................... ...........4 State Funds Budgeted ............................^

430,000 430,000 430,000

Budget Unit Object Classes:

Personal Services _.._.,,___,,..___,,__...$ 92,114,630

Regular Operating Expenses ............,,.._--....-...........$ 27,253,061

Travel ...............................

4 3,398,541

Motor Vehicle Equipment Purchases ....................$ 2,845,595

Publications and Printing ........................................I 417,645

Equipment Purchases ___.___.__._,,._________..__--._._.___.________$ 1,245,075

Per Diem and Fees ---..,,.........,,.,,....$

12,200

Computer Charges -,,._.._._..__..._.___________-__.___.__-__._.___.__$ 1,261,886

Capital Outlay .....................$ 212,409,532

Grants to Municipalities --__._-.-.$ 9,317,000

Harbor Maintenance Payments ................................$ 430,000

Grants to Counties

..................^ 9,317,013

Authority Lease Rentals ..........................................$ 27,377,802

State of Georgia General

Obligation Debt Sinking Fund ............................$ 5,096,879

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 is authorized to retain such portion of its Air Trans-

MONDAY, FEBRUARY 24, 1975

911

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%% 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. Provided, further, that the Department of Transporta tion 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 alloca tion for harbor maintenance payments is designated and committed for payment for harbor maintenance at Savannah.

Section 42. Department of Veterans Service.

Budget Unit: Department of Veterans

Service

................_.$

6,717,787

1. Veterans Assistance Budget:

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 ....................._.._......_$

Total Funds Budgeted ..............................................I

State Funds Budgeted ........_........................... ..........$

Total Positions Budgeted

1,827,478 109,323 62,357 --0-- 20,659 12,931
7,450 350
25,118 2,065,666 1,836,907
172

2. Veterans Home and Nursing Facility-- Milledgeville Budget:
Personal Services ......................... ^ Regular Operating Expenses .................__._..___.._.......$ Travel ................................ .4 Motor Vehicle Equipment Purchases _...--.--......_....$ Publications and Printing .._._____......_,,.,,..._..--._.......$ Equipment Purchases ,,......_._._..........._____...................$ Per Diem and Fees ....................................................I Computer Charges .................................................^ Operating Expenses/Payments to
Central State Hospital ........... ... ...,,-$ Capital Outlay .............................. ..........^ Total Funds Budgeted .....................^

71,052 28,000
250 --0-- --0-- 22,000
500 -- 0--
3,771,175 3,250,000 7,142,977

912

JOURNAL OF THE SENATE,

State Funds Budgeted ,,.__________,,_..__________._,,._______.______..$ 3,613,171

Total Positions Budgeted

7

3. Veterans Nursing Home -- Augusta Budget:

Operating Expense/Payments to Medical

College of Georgia .................... ..^

Total Funds Budgeted .................................^

State Funds Budgeted

.._......,,.....$

Total Positions Budgeted

1,655,339 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 ................... 4

Capital Outlay ......................................^

1,898,530 137,323 62,607 --0-- 20,659 34,931 7,950 350 25,118
3,771,175
1,655,339 3,250,000

Section 43. Workmen's Compensation Board.
Budget Unit: Workmen's Compensation Board ..........................................

.^ 1,543,062

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 ..............................................I

State Funds Budgeted ...............

4

Total Positions Budgeted

1,238,862 215,800 26,500 --0-- 15,000 22,500 5,000 19,400
1,543,062 1,543,062
90

Budget Unit Object Classes:

Personal Services

.............

^^

Regular Operating Expenses _._._________________._____.________$

Travel ....................................... ...^

Motor Vehicle Equipment Purchases .__.___.---------$

Publications and Printing .................

^.

Equipment Purchases .................................^

1,238,862 215,800 26,500 --0-- 15,000 22,500

MONDAY, FEBRUARY 24, 1975
Per Diem and Fees --.._---_.._..-_____..____...____....._.__________.$ Computer Charges -..----..---...-.-._...._.....................$
Section 44. 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 As sembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel.
Section 45. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitu tion of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or 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 appropriat ed for the fiscal year beginning July 1, 1974, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the de partment, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropria tions.
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 46. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Gover nor's recommendations contained in the Budget Report 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 between

913
5,000 19,400

914

JOURNAL OP THE SENATE,

objects, programs, and activities subject to the condi tions that no funds whatsoever shall be transferred for use in initiating or commencing' any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds 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 annual 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, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments proper ly 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 manner and under the same conditions provided hereinbefore for transfers.

Section 47. 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 Assembly.
Section 48. 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 49. 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 year, the amounts so in excess, as determined by the Office of

MONDAY, FEBRUARY 24, 1975

915

Planning and Budget, shall cease to be an obligation of the State.

TOTAL APPROPRIATIONS

F.Y. 1975 ...

.......... .,......$1,705,550,195.75.

Section 50. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 51. All laws and parts of laws in conflict with this Act are hereby repealed."

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 Section 1 of the substitute, the yeas were 47, nays 0, and Section 1 was adopted.
On the adoption of Section 2 of the substitute, the yeas were 45, nays 0, and Section 2 was adopted.
On the adoption of Section 3 of the substitute, the yeas were 52, nays 0, and Section 3 was adopted.
On the adoption of Section 4 of the substitute, the yeas were 49, nays 0, and Section 4 was adopted.

On the adoption of Section 5 of the substitute, the yeas were 47, nays 0, and Section 5 was adopted.
On the adoption of Section 6 of the substitute, the yeas were 41, nays 0, and Section 6 was adopted.
On the adoption of Section 7 of the substitute, the yeas were 48, nays 0, and Section 7 was adopted.

On the adoption of Section 8 of the substitute, the yeas were 45, nays 0, and Section 8 was adopted.
On the adoption of Section 9 of the substitute, the yeas were 38, nays 0, and Section 9 was adopted.

916

JOURNAL OF THE SENATE,

On the adoption of Section 10 of the substitute, the yeas were 29, nays 1, and Section 10 was adopted.

Senator Sutton of the 9th offered the following amendment to the committee substitute to HB 169:

Amend Section 11 of the committee substitute to HB 169 by strik ing- lines 12, 13, 14, 15, 16, 17 and 18 on Page 17 and inserting- in lieu thereof the following:

"Georgia Agrirama Development Authority Budget:

Payments to Agrirama Authority

for Operations ..................... ................. .____..$

Personal Services .__._________..___._____________.._______._______-________$

Travel, Materials & Promotions __________ __________ ____$

Equipment Purchases ....__.._..-.............. .......................$

Capital Outlay-Site Improvement ______.---____--.-- ........$

Total Funds Budgeted _........_....................... ............$

State Funds Budgeted _..... ..._.......... . . ________... ______ .$

Total Positions Budgeted

.

_ ________

340,000 216,030 37,000
4,500 42,470 640,000 640,000
3."

On the adoption of the amendment, Senator Holloway of the 12th called for the yeas and nays, the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fineher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Ballard Brown of 47th Holley

Holloway Reynolds Riley

Russell Timmons

Not voting was Senator Broun of the 46th who was presiding.

MONDAY, FEBRUARY 24, 1975

917

On the adoption of the amendment offered by Senator Sutton of the 9th to the committee substitute, the yeas were 47, nays 8, and the amendment was adopted.

On the adoption of Section 11 of the substitute, the yeas were 49, nays 0, and Section 11 was adopted as amended.

On the adoption of Section 12 of the susbtitute, the yeas were 46, nays 0, and Section 12 was adopted.

Senator Broun of the 46th offered the following- amendment to the com mittee substitute:
Amend Section 13 of the committee substitute to HB 169 by insert ing the Object Class "Capital Outlay" and the figure "$18,000" between lines 2 and 3 on Page 21; and by striking the figures "$1,126,187" on line 3 of Page 21 and inserting in lieu thereof the figure "$1,144,187"; and by striking the figure "$1,126,187" on line 4 of Page 21 and inserting in lieu thereof the figure "$1,144,187"; and by striking the figure "$7,764,463" on line 31 Page 19 and inserting in lieu thereof the figure "$7,782,463"; and by inserting the Object Class "Capital Outlay" and the figure "$18,000" between lines 18 and 19 on Page 23; and by insert ing the following language between lines 25 and 26 on Page 23:
"Provided, that of the above appropriation relating to Capital Outlay $18,000 is designated and committed to plan for the construc tion of a Welcome Center on 1-20 West."

On the adoption of the amendment offered by Senator Broun of the 46th to the committee substitute to HB 169, the yeas were 31, nays 0, and the amendment was adopted.

On the adoption of Section 13 of the substitute, the yeas were 38, nays 0, and Section 13 was adopted as amended.

On the adoption of Section 14 of the substitute, the yeas were 49, nays 0, and Section 14 was adopted.

On the adoption of Section 15 of the substitute, the yeas were 42, nays 0, and Section 15 was adopted.

On the adoption of Section 16 of the substitute, the yeas were 39, nays 0, and Section 16 was adopted.

On the adoption of Section 17 of the substitute, the yeas were 42, nays 0, and Section 17 was adopted.

918

JOURNAL OF THE SENATE,

On the adoption of Section 18 of the substitute, the yeas were 41, nays 0, and Section 18 was adopted.

On the adoption of Section 19 of the substitute, the yeas were 47, nays 0, and Section 19 was adopted.
On the adoption of Section 20 of the substitute, the yeas were 38, nays 0, and Section 20 was adopted.
On the adoption of Section 21 of the substitute, the yeas were 46, nays 0, and Section 21 was adopted.
On the adoption of Section 22 of the substitute, the yeas were 37, nays 0, and Section 22 was adopted.
On the adoption of Section 23 of the substitute, the yeas were 41, nays 0, and Section 23 was adopted.
On the adoption of Section 24 of the substitute, the yeas were 51, nays 0, and Section 24 was adopted.
On the adoption of Section 25 of the substitute, the yeas were 47, nays 0, and Section 25 was adopted.

Senators Gillis of the 20th, Starr of the 44th and Broun of the 46th offered the following amendment:
Amend Section 26 of the committee substitute to HB 169 by strik ing the figure "$217,857,836" on line 15 of Page 63 and inserting in lieu thereof the figure "$218,282,836";
And by striking the figure "$7,705,972" on line 29 of Page 63 and insert ing in lieu thereof the figure "$8,130,972".

On the adoption of the amendment offered by Senators Gillis of the 20th, Starr of the 44th and Broun of the 46th to the committee substitute to HB 169, the yeas were 45, nays 0, and the amendment was adopted.

Senator Broun of the 46th offered the following amendment:
Amend Section 26 of the committee substitute to HB 169 by strik ing- the language on lines 4 through 8 on Page 82.

MONDAY, FEBRUARY 24, 1975

919

On the adoption of the amendment offered by Senator Broun of the 46th to the committee substitute to HB 169, the yeas were 29, nays 0, and the amendment was adopted.

Senator Broun of the 46th offered the following- amendment:
Amend Section 26 of the committee substitute to HB 169 by striking the language on lines 33 and 34 on Page 81 and by striking the language on lines 1 through 3 on Page 82.
On the adoption of the amendment offered by Senator Broun of the 46th to the committee substitute to HB 169, the yeas were 35, nays 0, and the amendment was adopted.

On the adoption of Section 26 of the substitute, the yeas were 36, nays 1, and the Section 26 was adopted as amended.

Senators Sutton of the 9th and Thompson of the 32nd offered the followingamendment:
Amend Section 27 of the committee substitute to HB 169 by strik ing on Page 83, line 15 in its entirety;
And by striking on Page 83, line 7 the figure "1,460,622" and insert ing in lieu thereof "1,385,622";
And by striking on Page 83, line 14 the figure "14,745,767" and inserting in lieu thereof "14,670,767".

On the adoption of the amendment offered by Senators Sutton of the 9th and Thompson of the 32nd to the committee substitute to HB 169, the yeas were 8, nays 29, and the amendment was lost.

On the adoption of Section 27 of the substitute, the yeas were 45, nays 0, and Section 27 was adopted.

On the adoption of Section 28 of the substitute, the yeas were 36, nays 0, and Section 28 was adopted.

On the adoption of Section 29 of the substitute, the yeas were 49, nays 0, and Section 29 was adopted.

On the adoption of Section 30 of the substitute, the yeas were 37, nays 0, and Section 30 was adopted.

920

JOURNAL OF THE SENATE,

On the adoption of Section 31 of the substitute, the yeas were 48, nays 0, and Section 31 was adopted.

On the adoption of Section 32 of the substitute, the yeas were 38, nays 0, and Section 32 was adopted.

On the adoption of Section 33 of the substitute, the yeas were 36, nays 0, and Section 33 was adopted.

On the adoption of Section 34 of the substitute, the yeas were 46, nays 0, and Section 34 was adopted.

On the adoption of Section 35 of the substitute, the yeas were 39, nays 0, and Section 35 was adopted.

On the adoption of Section 36 of the substitute, the yeas were 41, nays 0, and Section 36 was adopted.

On the adoption of Section 37 of the substitute, the yeas were 48, nays 0, and Section 37 was adopted.

On the adoption of Section 38 of the substitute, the yeas were 42, nays 0, and Section 38 was adopted.

On the adoption of Section 39 of the substitute, the yeas were 44, nays 0, and Section 39 was adopted.

On the adoption of Section 40 of the substitute, the yeas were 43, nays 0, and Section 40 was adopted.
Senator Broun of the 46th offered the following amendment: Amend Section 41 of the committee substitute to HB 169 by striking
lines 17 through 22 on Page 135.
On the adoption of the amendment offered by Senator Broun of the 46th to the committee substitute to HB 169, the yeas were 33, nays 1, and the amendment was adopted.
On the adoption of Section 41 of the substitute, the yeas were 33', nays 1, and Section 41 was adopted as amended.
Senator Duncan of the 30th moved that the Senate reconsider its action in adopting Section 30 of the committee substitute to HB 169.

MONDAY, FEBRUARY 24, 1975

921

On the motion, the yeas were 40, nays 0; the motion prevailed, and Section 30 of the committee substitute to HB 169 was reconsidered.

Senator Duncan of the 30th offered the following amendment:

Amend Section 30 of the committee substitute to HB 169 by adding to Department of Natural Resources (No. 3 Planning and Research, Page 91)

"Personal Services ..

...

.............$3750

Travel ................_........_..__........_........._..._.......... .._..... .................. ._ 400

Publication and Printing ........... 100

Regular Operating Expenses

................ 300

Total .......... ............................................... .. ................ $4550"

To enable the Department to hire a Planner in the Sup plemental Budget to work in the area of Special Olympics."

On the adoption of the amendment offered by Senator Duncan of the 30th to the committee substitute to HB 169, the yeas were 40, nays 0, and the amendment was adopted.

On the adoption of Section 30 of the substitute, the yeas were 36, nays 1, and Section 30 of the substitute was adopted as amended.

On the adoption of Section 42 of the substitute, the yeas were 41, nays 0, and Section 42 was adopted.

On the adoption of Section 43 of the substitute, the yeas were 39, nays 0, and Section 43 was adopted.

On the adoption of Section 44 of the substitute, the yeas were 46, nays 0, and Section 44 was adopted.

On the adoption of Section 45 of the substitute, the yeas were 51, nays 0, and Section 45 was adopted.

On the adoption of Section 46 of the substitute, the yeas were 48, nays 0, and Section 46 was adopted.

On the adoption of Section 47 of the substitute, the yeas were 42, nays 0, and Section 47 was adopted.

On the adoption of Section 48 of the substitute, the yeas were 40, nays 0, and Section 48 was adopted.

922

JOURNAL OF THE SENATE,

Senator Broun of the 46th offered the following amendment:

Amend Section 49 of the committee substitute to HB 169 by striking the figure "$1,705,550,195.75" on Page 146, line 25 and inserting in lieu thereof the figure "$1,706,297,745.75."

On the adoption of the amendment offered by Senator Broun of the 46th to the committee substitute to HB 169, the yeas were 32, nays 0, and the amend ment was adopted.

On the adoption of Section 49 of the substitute, the yeas were 32, nays 0, and Section 49 was adopted as amended.

On the adoption of Section 50 of the substitute, the yeas were 42, nays 0, and Section 50 was adopted.

On the adoption of section 51 of the substitute, the yeas were 39, nays 0, and Section 51 was adopted.

The President resumed the Chair.

On the adoption of the committee substitute to HB 169, the yeas 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Eldridge Fincher
Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway
Howard Hudgins Kennedy

Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard

MONDAY, FEBRUARY 24, 1975

923

Starr Stephens Stumbaugh Summers

Button Tate Thompson Timmons

Traylor Turner Tysinger Young

Those not voting were Senators: Hudson and Warren.

On the passage of the bill, the yeas were 54, nays 0.

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

Senator Broun of the 46th moved that HB 169 be immediately transmitted to the House.

On the motion, the yeas were 45, nays 0; the motion prevailed, and HB 169 was immediately transmitted to the House.

The following resolution of the Senate was read and adopted:

SR 111. By Senator Banks of the 17th: A resolution wishing the Honorable Zell Miller a happy birthday.

The President announced the Senate would stand in recess from 12:20 o'clock P.M. until 1:20 o'clock P.M.

The President called the Senate to order at 1:20 o'clock P.M.

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

SB 174. By Senator Doss of the 52nd:
A bill to amend the Georgia Charitable Trust Act, approved Mar. 21, 1974 (Ga. Laws 1974, p. 440), so as to provide that the settlor of any trust may provide in the instrument creating the trust that the provisions of said Act shall not apply to the trustees of the trust therein created.

Senator Overby of the 49th moved that SB 174 be committed to the Com mittee on Judiciary.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 174 was committed to the Committee on Judiciary.

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SB 156. By Senators Foster of the 50th, Stumbaugh of the 55th, Howard of the 42nd and Barker of the 18th:
A bill to amend an Act authorizing the State Personnel Board to provide a health insurance plan for employees of the State of Georgia, approved March 16, 1961 (Ga. Laws 1961, p. 147), 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway
Howard Hudson Kennedy Kidd Langford Lester Lev/is McDuffie McGill Overby

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Timmons Traylor Turner Warren Young-

Voting in the negative was Senator Thompson.

Those not voting were Senators :

Barker Bell Bond Coverdell

Duncan Hudgins McDowell Pearce

Russell Tate Tysinger

On the passage of the bill, the yeas were 44, nays 1.

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

SB 197. By Senators Lewis of the 21st, Banks of the 17th and Barnes of the 33rd:
A bill to amend Ga. Code Ann. S99-916a, 917a (Ga. Laws 1958, p. 34), URESA, so as to substitute the Department of Human Resources, in

MONDAY, FEBRUARY 24, 1975

925

lieu of the Attorney General, as the State Information Agency; to clarify existing law insofar as the District Attorneys' fees are to be paid by the Fiscal Division of the Department of Administrative 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:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young-

Voting in the negative was Senator McGill.

Those not voting were Senators:

Barker Bond Duncan

Hill Hudgins Pearce

Russell Tate

On the passage of the bill, the yeas were 47, nays 1.

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

SB 209. By Senator Holley of the 22nd:
A bill to amend Code Section 22-603, relative to meetings of share holders, as amended, so as to authorize corporate shareholder action pursuant to the written consent of a majority of the outstanding shares.

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 Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators Doss and Summers.

Those not voting were Senators:

Bond Broun of 46th Duncan

Hill Hudgins

Pearce Russell

On the passage of the bill, the yeas were 47, nays 2.

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

The following bill of the Senate, read the third time on February 13 and committed to the Committee on Judiciary, was favorably reported by the com mittee on February 20, and put upon its passage:

SB 107. By Senators Langford of the 51st, Starr of the 44th and Howard of the 42nd:
A bill to amend the "Georgia Criminal Justice Act", approved April 8, 1968 (Ga. Laws 1968, p. 999), so as to create the Georgia Criminal Justice Council; to provide for membership of the Council, their qualifications, appointment, election, compensation, expenses, terms of office, succession, duties, powers, purposes, authority and responsibili ties; to provide for the allocation of expenses and costs; to provide for representation in State and federal courts.

MONDAY, FEBRUARY 24, 1975

927

The Committee on Judiciary offered the following substitute to SB 107:

A BILL

To be entitled an Act to amend the "Georgia Criminal Justice Act", approved April 8, 1968 (Ga. Laws 1968, p. 999), so as to create the Georgia Criminal Justice Council; to provide for membership of the Council, their qualifications, appointment, election, compensation, ex penses, terms of office, succession, duties, powers, purpose, authority and responsibilities; to provide for a method of filling vacancies; to provide for meetings of the Council; to provide for officers of the Council and their terms; to provide for rules for the transaction of business; to provide for representation by counsel of indigents accused of a crime; to provide for services and facilities for indigent persons in criminal proceedings; to provide for the use of certain State, county or municipal evaluation facilities; to provide for the use of certain private facilities; to provide for employment of personnel; to provide for office space, furniture, equipment, books, postage, supplies and other items of expense; to provide for the appropriation of funds; to provide for appointment and compensation of court-appointed attorneys; to provide for the allocation of expenses and costs; to provide for records and reports; to provide for representation in State courts; to provide that the protections provided by this Act do not exclude any protection or sanction that the law otherwise provides; 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. The "Georgia Criminal Justice Act", approved April 8, 1968 (Ga. Laws 1968, p. 999), is hereby amended by adding, followingSection 15, ten new sections, to be designated Sections 15.1 through 15.10, to read as follows:

"Section 15.1. (a) The Georgia Criminal Justice Council is hereby established. The Council shall be composed of seven mem bers. Three of the members shall be appointed by the Governor and four of the members shall be attorneys with an evidenced interest in, and concern for, the administration of criminal justice, to be appointed by the Executive Committee of the Board of Governors of the State Bar of Georgia. One member appointed by the Gov ernor shall be appointed for an initial term of office of two years and two members shall be appointed for an initial term of four years. Two of the members appointed by the Executive Committee of the Board of Governors of the State Bar of Georgia shall be appointed for initial terms of two years and two of such members shall be appointed for initial terms of four years. Following the initial terms of office, all members of the Council shall be appointed for terms of office of four years each and until their respective successors are duly appointed and qualified. The initial members of the Council shall take office within 30 days of the effective date of this Section and shall serve until the first day of July of

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the year their terms of office expire. The succeeding members of the Council shall begin their terms of office on the first day of July of the year in which they are appointed. No person shall be eligible to succeed himself for a consecutive term as a member of the Council.

(b) In the event a vacancy occurs in the Council, the authority appointing a member whose seat is vacant shall appoint a qualified person to serve for the remainder of the unexpired term of the member whose seat is vacant. The person appointed to fill such vacancy shall take office immediately upon his appointment.

Section 15.2. The Council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The Council shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the Council shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the Council.

Section 15.3. The Georgia Criminal Justice Council shall have the following purposes: (a) To prepare reports and such other information as allowed by this Act, and to prepare budget informa tion of State appropriations and funding necessary to fulfill its purposes.

(b) To coordinate, furnish supportive services, upgrade and expand local efforts in the provision of counsel to indigents accused of a crime including, but not limited to, training seminars, prepara tion of manuals and educational materials, evaluations, and a compilation of satistical data.

(c) To provide for representation by counsel, including ap peals of right in State courts, to provide for services and facilities in criminal proceedings to those persons who, by reason of their proverty, are unable to retain private counsel, to provide that such persons being detained by law enforcement officers or who are under formal charge of having committed a crime shall be informed of certain rights and be represented at every stage of the proceeding against them by competent counsel.

(d) Until such time as a rule is adopted by the Supreme Court of Georgia establishing standards for the determination of indigency the trial judge is the final arbiter of indigency.

(e) The Council shall use and employ the services of attorneys engaged in the private practice of law within the judicial circuit whenever available in accordance with established criteria.

(f) To provide for other matters relative to the foregoing and to fulfull its purposes under this Act.

MONDAY, FEBRUARY 24, 1975

929

Section 15.4. Use of State Facilities. An attorney represent ing an indigent person under this Act is entitled to use the same State, county or municipal evaluation facilities for the evaluation of evidence as are available to the State or local prosecutor. If the attorney considers their use impractical, the court concerned may authorize the use of private facilities and authorize the cost thereof to be paid, with the approval of the Council pursuant to regulations promulgated by the Council, appropriated to or otherwise available to the Council.

Section 15.5. Personnel and Facilities, (a) The Council may employ such staff, professional, administrative and otherwise, as it deems necessary to carry out its responsibilities under this Act, and provide compensation and expenses for said staff from funds appropriated to or otherwise available to the Council.

(b) Whenever it considers it appropriate, the Council may contract with any private or public legal aid or other nonprofit organizations that are equipped to provide the services to indigents covered in this Act or to carry out any function of the Criminal Justice Council, using funds appropriated to or otherwise available to the Council.

(c) Office space, furniture, equipment, books, postage, sup plies, and such other items of expense as are necessary to carry out the purposes of this Act shall be purchased out of funds ap propriated to or otherwise available to the Council.

Section 15.6. Court-Appointed Attorneys. The Council may determine and pay a reasonable rate of compensation for the services of private court-appointed attorneys, as well as the direct expenses necessary to such representation. Payment or reimbursement shall be made out of funds appropriated to or otherwise available to the Council.

Section 15.7. Allocation of Expenses and Cost. Any reason able expense, including the cost of the transcript or other substitute for a transcript that is directly and necessarily incurred in rep resenting indigents under this Act, may be paid to the person incurring said expense from funds appropriated to or otherwise available to the Council.

Section 15.8. Records and Reports, (a) The Council shall sub mit an annual report to the Governor, the General Assembly, and to the Board of Governors of the State Bar of Georgia showing the number of persons represented under this Act, the crimes involved, the outcome of each case, and the expenditures totaled by kind made in carrying out the responsibilities imposed by this Act. Included in this report shall be the information furnished to the Council by county governing authorities as prescribed in this Act.

(b) The Council shall prepare and submit budget estimates of State appropriations necessary for fulfilling its purposes. The Coun-

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cil may also seek funding from other sources, if available, to help fulfill its purposes.

Section 15.9. Representation in State Courts. This Act applies only to representation in or with respect to the courts of this State, or any political subdivision thereof.

Section 15.10. Protections not Exclusive. The protections pro vided by this Act shall not exclude any protection or sanction that the law otherwise provides."

Section 2. Severability. If a provision or an application of a pro vision of this Act is held invalid, the valid provisions and applications that can be given effect without the invalid provision or application are intended to be in effect. To this end, the provisions of this Act are sever able.

Section 3. Effective Date. This Act shall become effective upon its approval by the Governor, or upon its becoming law without his approval. However, it shall continue to be the financial responsibility of the county governing authority of each county within the State of Georgia to provide representation of indigents as required by law prior to the effective date of this Act, and to file such records and reports thereon as the Council shall require until such time as adequate funds are made available to the Council and until such time as the Council has accepted the responsibility for providing representation of indigents after approval by the Superior Court Judge or Judges of the Judicial Circuit and the county governing authority.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 37, nays 0, 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 affirmative were Senators:

Ballard Barker Barnes Bell Broun of 46th Carter Dean of 6th

Doss Eldridge Fincher Hamilton of 26th Hamilton of 34th Holley Holloway

Howard Hudson Langford Lester Lewis McDowell Overby

MONDAY, FEBRUARY 24, 1975

931

Riley Starr Stephens

Summers Tate Timmons

Turner Young

Those voting in the negative were Senators:

Banks Brantley Coverdell Foster Garrard Gillis Hill

Kennedy Kidd McDuffie Reynolds Robinson Shapard

Stumbaugh Button Thompson Traylor Tysinger Warren

Those not voting were Senators:

Bond Brown of 47th Dean of 31st

Duncan Hudgins McGill

Pearce Russell

On the passage of the bill, the yeas were 29, nays 19.

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

Senator Reynolds of the 48th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 107.

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 144. By Senators Banks of the 17th, Ballard of the 45th, Lewis of the 21st and Barnes of the 33rd:
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 photo graphing of 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 prosecuting attorney.

The Committee on Judiciary offered the following substitute to SB 144:
A BILL
To be entitled an Act to amend Code Title 27, relating to criminal procedure, as amended, so as to provide for discovery and inspection

932

JOURNAL OF THE SENATE,

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, scientific tests or experiments made in con nection with the case, police reports, and written statements of wit nesses, or copies thereof, within the possession, custody or control of the State's prosecuting attorney; to provide for exceptions; to permit the inspection, copying and photographing of scientific or medical reports, books, papers, documents, tangible objects, or copies or portions thereof, which the defendant intends to produce at the trial and which are within his possession, custody or control, upon a showing of materiality to the preparation of the defendant's case and that the request is reasonable; to provide for other matters relative thereto; to provide for a procedure to govern the raising of the defense of alibi in criminal cases; to provide for notice to be given by the defendant to the prosecution of witnesses to be used in support of said defense; to establish the time for the giving of said notice; to provide for notification with respect to additional witnesses; to provide sanctions for failure to comply with this statute; 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 adding, following Code Chapter 27-10, a new Code Chapter, to be designated Code Chapter 27-10A, to read as follows:

"CHAPTER 27-10A. DISCOVERY AND INSPECTION

27-1001A. Motion for Discovery and Inspection.
(a) Upon written motion of defendant made at least five days prior to trial, the court shall order the State to permit the defendant to inspect, copy and photograph any relevant results or reports of physical or mental examinations, scientific tests or experiments made in connection with the particular case, police reports and written statements of witnesses, or copies thereof, within the pos session, custody, or control of the State's prosecuting attorney, the existence of which is known, or by the exercise of due diligence may become known, to the State's prosecuting attorney.

(b) Upon written motion of defendant made at least five days prior to trial, the court shall order the State to permit the defendant to inspect, copy and photograph any books, papers, documents, tangible objects, buildings or places, or copies or portions thereof, which are in the possession, custody or control of the State's prosecuting attorney, upon a showing of materiality to the prep aration of his defense and that the request is reasonable. Except as provided in subsection (a), this Section does not authorize inspection of reports, memoranda, or other internal State documents by law enforcement officers, agents, or employees in connection with the investigation or prosecution of the case or of statements made by witnesses or prospective witnesses for the State to law enforce ment officers, agents, or employees.

MONDAY, FEBRUARY 24, 1975

933

(c) If the court grants relief sought by the defendant under subsections (a) and (b) of this Section, it may, upon motion of the State, require that the defendant permit the State to inspect and copy and photograph any scientific or medical reports, books, papers, documents, tangible objects, or copies or portions thereof, which the defendant intends to produce at the trial and which are within his possession, custody or control, upon a showing of materi ality to the preparation of the State's case and that the request is reasonable. Except as to scientific or medical reports, this sub section does not authorize inspection of reports, memoranda, or other internal defense documents made by the defendant, or his attorney or agents, in connection with the investigation or defense of the case or of statements made by the defendant, or by State or defense witnesses or prospective witnesses to the defendant, his agents or attorney.

(d) A party against whom an order has been issued under any provision of this Section has a continuing duty, after compliance with such order, to continue compliance therewith with respect to statements, confessions, reports, witnesses or materials subsequently obtained or discovered which initially would have been subject to such order and shall promptly notify the other party, or his attorney, and the court of such statements, confessions, reports, witnesses or materials subsequently obtained or discovered. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this subsection or with an order issued hereunder, or any other provisions of this Section, the court may order such party to comply instanter, or grant a continuance for such purpose, or prohibit the party from introducing into evidence the material not disclosed, or enter such other order as it deems just under the circumstances.

27-1002A. Defense of Alibi Discovery Procedure.
(a) A defendant in any criminal case who intends to offer evidence of an alibi in his defense shall, not later than arraignment or such other time as the court having jurisdiction to try the case shall direct, file and serve upon the prosecuting attorney a notice in writing of his intention to claim such alibi, which notice shall contain specific information as to the place at which the defendant claims to have been at the time of the alleged offense or offenses charged, and specifying particularly the names and addresses of the witnesses by whom he proposes to establish such alibi. The defendant shall be under a continuing duty to promptly disclose the names and addresses of additional witnesses which come to the attention of the defendant subsequent to the filing of the notice and list of witnesses as described above.
(b) If a defendant fails to file and serve a copy of such notice as herein required, or fails to specify the name and address of any witness with reasonable particularity, the court may exclude the testimony of any witness, except that of the defendant himself, offered by the defendant for the purpose of proving an alibi, whose name and address were not given as required herein.

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(c) The court may waive any of the requirements of this rule only when manifest injustice would result if said requirement were not waived."

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

Senator Barnes of the 33rd offered the following amendment:
Amend the committee substitute to SB 144 by inserting after "trial" on line 7, Page 2, the following:
"or arraignment whichever is later"
and after "trial" on line 18, Page 2, the following:
"or arraignment whichever is later"
By adding after "statute" on line 24 on Page 1, the following:
"to provide criminal defendants the right to a preliminary hearing; to provide for a procedure for preliminary hearings; to provide for the effect of said preliminary hearings when the defendant has been indicted or an accusation filed; to provide an effective date;"
By adding on Page 1, line 27, prior to "Section" the following:
"Section 1 Code Title 27, relating to courts of inquiry is amended by adding the following to the corresponding Code Sections:
27-401a Right To Hearing. Any person accused of a misdemeanor or felony offense in this State shall have a right to a preliminary hearing prior to arraignment and trial.
27-402a Motion For Hearing. In the event that for any reason no commitment hearing pursuant to Chapter 4 of this title has been held or if the accused was not represented by counsel at any such hearing, the court having jurisdiction to try the offense shall, upon motion prior to arraignment, order that a preliminary hearing be held before a public official authorized to issue criminal warrants.
27-403a Procedure. Preliminary hearings under this Chapter shall be conducted in the same manner as provided for in Chapter 27-405 for

MONDAY, FEBRUARY 24, 1975

93-5

Courts of Inquiry. Both parties shall have a right to compulsory process.

27-404a Effect of Bond Indictment or Waiver.
The fact that bond has been posted, an indictment returned, or waiver of hearing executed shall not affect the right of an accused to a hearing under this Chapter.

27-405a Courts of Inquiry Not Affected.
The provisions of this Chapter shall not be construed to repeal or modify Chapter 4 of this Title.

27-406a Authority of Magistrates.
Magistrates conducting hearing pursuant to this Chapter shall not have authority to change or dismiss charges or to alter bonds.

27-407a Inapplicable When.
Procedures of this Chapter shall not be available to persons who were represented by counsel at a Court of Inquiry held pursuant to Chapter 4 of this Title."

By renumbering "Section 2" on line 30, "Section 3".

By adding a new "Section 4" after "repealed" on line 31, Page 4 the following:
"Section 4, This Act shall be effective upon the signature of the Governor or upon it becoming law without his signature."

On the adoption of the amendment offered by Senator Barnes of the 33rd to the committee substitute to SB 144, the yeas were 34, nays 4, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 33, nays 4, 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 Banks Barker

Barnes Bond Broun of 46th

Brown of 47th Coverdell Dean of 6th

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JOURNAL OP THE SENATE,

Gillis Hamilton of 26th Howard Kidd

Langford Lewis Overby

Riley Starr Tate

Those voting in the negative were Senators:

Bell Brantley Carter Dean of 31st Doss Eldridge Foster Garrard Hamilton of 34th Holloway Hudson

Kennedy Lester McDowell McDuffie McGill Reynolds Robinson Russell Shapard Stephens

Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Duncan Pincher

Hill Holley

Hudgins Pearce

On the passage of the bill, the yeas were 19, nays 31.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Howard of the 42nd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 144.

SB 235. By Senator Kidd of the 25th:
A bill to provide that each department, board, bureau, agency or com mission of State government which employs certain physicians shall purchase certain policies of insurance; to provide for the practices, procedures, conditions and requirements 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 Banks Barker

Barnes Bell Brantley

Broun of 46th Brown of 47th Carter

MONDAY, FEBRUARY 24, 1975

937

Coverdell Dean of 6th Dean of 31st Duncan Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard

Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie Overby Pearce Reynolds Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Doss

Langford

Summers

Those not voting were Senators:

Bond

Holley

Tate

Fincher

McGill

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

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

Senator Gillis of the 20th moved that the following bill of the Senate be postponed until February 25th:

SB 241. By Senators Gillis of the 20th, McGill of the 24th, Fincher of the 54th and others:
A bill to amend Code Section 95A-960 relating to the enforcement of load limitations for highways, so as to change the schedule for paying damages to the State for overweight vehicles.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 241 was postponed until February 25th.

The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:
SB 251. By Senator Reynolds of the 48th: A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation (Ga. Laws 1973, p. 947), as amended, so as to make certain grammatical corrections; to

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provide for, and clarify the positions of parties to, procurement con tracts involving business, professional, or other 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:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st
Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Kidd Langford
Lester Lewis McDowell McDuffie McGill Overby Pearce

Those not voting were Senators:

Bond Hill

Holley

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young
Tate

On the passage of the bill, the yeas were 52, nays 0.

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

Senator Lester of the 23rd moved that the following bill of the Senate be committed to the Committee on Human Resources:

SB 259. By Senators Lester of the 23rd, Summers of the 53rd, Kidd of the 25th and Starr of the 44th:
A bill to provide for certain rights and responsibilities of blind or visually handicapped persons and persons who are otherwise physically disabled; to provide for a short title; to provide that it is the policy of this State to encourage and enable the blind, the visually handicapped

MONDAY, FEBRUARY 24, 1975

939

and persons who are otherwise physically disabled to participate fully in the social and economic life of the State and to engage in remunera tive employment.

On the motion, the yeas were 41, nays 0; the motion prevailed, and SB 259 was committed to the Committee on Human Resources.

The following general hills and resolutions of the Senate and House favorably reported by the committees, were read the third time and put upon their passage:
SB 260. By Senators Banks of the 17th, Kennedy of the 4th, Lewis of the 21st and Traylor of the 3rd:
A bill to amend an Act providing that the costs of the case and expenses of the trial involving an inmate of the State Prison System shall be borne by the State Board of Corrections under certain con ditions, approved Mar. 11, 1964 (Ga. Laws 1964, p. 462).

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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 34th Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Hamilton of 26th

Hill Holley

Holloway Timmons

On the passage of the bill, the yeas were 50, nays 0.

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JOURNAL OF THE SENATE,

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

SB 264. By Senators Starr of the 44th, Kennedy of the 4th, Langford of the 51st and Howard of the 42nd:
A bill to provide for an alternative to the incarceration of offenders; to provide for the development and implementation of pre-trial and pre-sentence programs providing alternatives to incarceration for offenders and alleged offenders excluding probationers.

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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Hill

Holley

Hudgins

On the passage of the bill, the yeas were 52, nays 0.

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

SB 265. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting

MONDAY, FEBRUARY 24, 1975

941

the State, approved Feb. 13, 1956 (Ga. Laws 1956, p. 60), so as to provide exceptions thereto under prescribed conditions; to provide for procedures; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators Ballard and McGill.

Those not voting were Senators:

Bond Hill

Holley

Timmons

On the passage of the bill, the yeas were 50, nays 2.

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

SB 266. By Senators Garrard of the 37th and Kidd of the 25th:
A bill to require any law enforcement officer who arrests any person who appears to be intoxicated to ascertain if said person is wearing identification which indicates that he has a medical disability which would account for his actions; to require all officers to aid such per sons; to provide an effective date.

942

JOURNAL OF THE SENATE,

Senator Pearce of the 16th offered the following amendment:

Amend SB 266 by changing the period on line 22 to a comma and adding the following:

"Provided, however, that the failure of any law enforcement officer, sheriff, deputy sheriff or other arresting officer to comply with the provisions of this Act shall raise no presumption of negligence on the part of such law enforcement officer, sheriff, deputy sheriff or other arresting officer."

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

Senator McDowell of the 2nd offered the following amendment:
Amend SB 266 by adding after the word "disability" on line 22 the following:
"Anyone found to be using a fraudulent identification will be guilty of a misdemeanor."

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hill Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

MONDAY, FEBRUARY 24, 1975

943

Those not voting were Senators:

Barker Bond Brantley

Dean of 31st Hamilton of 34th Holley

Hudgins Starr Timmons

On the passage of the bill, the yeas were 47, nays 0.

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

SB 267. By Senator Doss of the 52nd:
A bill to amend an Act known as the "Insurance Premium Finance Company Act", approved Apr. 23, 1969 (Ga. Laws 1969, p. 561), as amended, so as to change the amount which may be charged in addition to the maximum charge on a premium finance company agreement; to change the maximum service charge on a premium finance agreement.

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:

Banks Bell Broun of 46th Brown of 47th Carter Doss Duncan Eldridge Fincher Foster Gillis Howard

Hudgins Kennedy Kidd Langford Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Russell Starr Summers Sutton Tate Timmons Turner Tysinger Warren Young

Those voting in the negative were Senators:

Ballard Barnes Brantley Coverdell Garrard

Hamilton of 26th Hamilton of 34th Hill Robinson Shapard

Stephens Stumbaugh Thompson Traylor

944

JOURNAL OP THE SENATE,

Those not voting were Senators:

Barker
Bond Dean of 6th

Dean of 31st
Holley Holloway

Hudson Lester

On the passage of the bill, the yeas were 34, nays 14.

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

SB 270. By Senator Warren of the 43rd:
A bill to amend Code Chapter 26-12, relating to abortions, as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 635), so as to provide that no abortion shall be authorized or performed on a married woman without written authorization signed by both the woman and her husband except under certain circumstances.

The Committee on Human Resources offered the following amendment:
Amend SB 270 by inserting on Page 1, line 4, between the word, "woman", and the word, "without", the following words:
"living with her husband";
and
By inserting on Page 1, line 17, between the word, "woman", and the word, "unless", the following words:
"living with her husband".

Senator Warren of the 43rd offered the following substitute to SB 270:
A BILL
To be entitled an Act to amend Code Chapter 26-12, relating to abortions, as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 63'5), so as to provide that no abortion shall be authorized or per formed on a married woman living with her husband without written authorization signed by both the woman and her husband except under certain circumstances; to provide the circumstances for such exceptions; to provide for other matters relative to the foregoing; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

MONDAY, FEBRUARY 24, 1975

945

Section 1. Code Chapter 26-12, relating to abortions, as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 635), is hereby amended by redesignating subsections (d) and (e) of Code Section 261202, relating to exceptions to criminal abortions, as subsections (e) and (f), respectively, and by adding a new subsection (d) to said Code Section 26-1202 to read as follows:

"(d) No abortion is authorized or shall be performed on a married woman living with her husband unless the performing physician shall obtain written authorization signed by both the woman and her husband consenting to the performance of such abortion; provided, however, the consent of the husband shall not be required for the performance of the abortion if the woman does not know the whereabouts of her husband and executes a writ ten document, under oath, acknowledging that she does not know the whereabouts of her husband; provided further that if the woman's physician makes a clinical judgment that an abortion is necessary because a continuation of the pregnancy would endanger the life of the pregnant woman or would seriously and permanently injure her health, and if two consulting physicians concur in such diagnosis, and if the three physicians confirm their diagnosis in writing to the husband, then the husband's consent to the abortion shall not be required."

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

Senator Barnes of the 33rd moved that SB 270 be tabled.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 270 was tabled.

SB 214. By Senators Holloway of the 12th, Starr of the 44th, Riley of the 1st and others:
A bill to amend Code Title 47, relating to the General Assembly, as amended, so as to provide for a new Code Chapter 47-10A to regulate and require disclosure of certain actions by lobbyists and registered agents; to provide for a declaration of policy; to require certain persons to file reports with the Secretary of State.
Senator Robinson of the 27th offered the following amendment:
Amend SB 214 by striking from line 6 of Page 1, from lines 21 and 22 of Page 2, from lines 13 and 14 of Page 3, from line 19 of Page 3 and from line 32 of Page 3 the following:
"Secretary of State",
and inserting in lieu thereof the following:
"State Ethics Commission".

946

JOURNAL OF THE SENATE,

On the adoption of the amendment, the yeas were 38, nays 2, and the amendment was adopted.

Senator Robinson of the 27th offered the following amendment:
Amend SB 214 by inserting following the word "inspection" on line 12 of Page 1 the following:
"; to provide for the suspension or modification of reporting requirements under certain circumstances; to provide for actions to contest the propriety of certain orders and limitations on such actions".
By adding at the end of the material quoted as Code Section 471003A, a new subsection (e) to read as follows:
"(e) The Commission, after hearing, by order may suspend or modify and of the reporting requirements hereunder in a partic ular case if it finds that literal application of this Code Chapter works a manifestly unreasonable hardship and if it also finds that such suspension or modification will not frustrate the purposes of this Chapter. Any such suspension or modification shall be only to the extent necessary to substantially relieve the hardship. The Commission shall act to suspend or modify any reporting require ments only if it deems that facts exist that are clear and convincing proof of the findings required hereunder. Any citizen shall have standing to bring an action in the Superior Court of Fulton County to contest the propriety of any order entered hereunder within one year from the date of entry of such order."

On the adoption of the amendment, the yeas were 43, nays 5, and the amendment was adopted.

The Committee on Rules offered the following substitute to SB 214:
A BILL
To be entitled an Act to amend Code Title 47, relating to the General Assembly, as amended, so as to provide for a new Code Chapter 47-10A to regulate and require disclosure of certain actions by lobbyists and registered agents; to provide for a declaration of policy; to require certain persons to file reports with the Secretary of State; to provide for forms; to provide for contents of such reports; to provide for time limitations; to provide for reporting of expenditures and the conditions, practices and procedures in connection therewith; to provide that such reports shall be public records and shall be available and open for public inspection and copying: to provide for investigations and audits; to provide that certain acts or omissions shall be unlawful; to provide for penalties; to provide for rules and regulations; to provide

MONDAY, FEBRUARY 24, 1975

947

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. Code Title 47, relating to the General Assembly, as amended, is hereby amended by adding, following Code Chapter 47-10, a new Code Chapter, to be designated as Code Chapter 47-10A, to read as follows:
"CODE CHAPTER 47-10A
LOBBYISTS; FINANCIAL REPORTING
47-1001A. Policy.--The General Assembly hereby declares that it is the policy of the State of Georgia to protect the integrity of the democratic process and to afford the people with the fullest oppor tunity to petition their government for the redress of grievances and to express freely their opinions; and to preserve and maintain the integrity of governmental processes, it is necessary that the identity, expenditures and activities of certain persons who engage in efforts to influence the General Assembly be publicly and regularly disclosed.

47-1002A. Persons required to report.--Any person required to register with the Secretary of State under the provisions of Code Section 47-1002 shall file the reports required by Code Section 471003A if, during any calendar year he receives or expends more than $500.00 for the purpose of influencing legislation.

47-1003A. Reports; filing; contents.--Any person required to file reports under the provisions of Code Section 47-1002A shall file such reports by the 10th day of each month during which the General Assembly is in session and by the 10th day of each calendar quarter in which the General Assembly is not in session. Such reports shall be filed with the Secretary of State on forms prescribed by the Secretary of State. Such reports shall contain the following informa tion for the preceding calendar month or quarter:

(a) The name and address of the person required to make such report.

(b) The name and principal address of each person, partner ship, firm, corporation, association, group or entity such person represents.

(c) A list containing the nature of each piece of proposed legislation such person supports or opposes. If such proposed legisla tion has been introduced in the General Assembly, such list shall include only the number of the bill or resolution.

948

JOURNAL OF THE SENATE,

(d) A list of each expenditure made at a single time and place in excess of a total of $50.00 on each individual, showing- the exact amount of each such expenditure, the beneficiary or beneficiaries of each such expenditure, the purpose or reason for each such expenditure, and the date and to whom the expenditure was made; provided, however, the provisions of this Section shall not apply to group functions of 50 or more persons.

47-1004A. Reports; public records.--The reports required to be filed under the provisions of Code Section 47-1003A shall be public records and shall be available and open for public inspection and copying- at a charge not to exceed actual cost, during normal busi ness hours.

47-1005A. Investigations; audits.--The Secretary of State is hereby authorized to make investigations and perform audits to determine the accuracy of information contained in the reports filed with him under Code Section 47-1003A or to determine whether any person required to file a report has failed to do so. It shall be the duty of the Secretary of State to enforce the provisions of this Code Chapter.

47-1006A. Violations; penalties.--It shall be unlawful for any person to fail to file a report required by this Code Chapter or to file a fraudulent report or a report containing any statement or information which he knows or should have known to be false or to fail to file any required report within the required time period. Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a mis demeanor.

47-1007A. Rules; regulations; forms.--The Secretary of State is hereby authorized to promulgate and adopt rules and regulations and to prescribe forms necessary or convenient to carry out the pro visions and purposes of this Code Chapter."

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

Senator Robinson of the 27th offered the following amendment:
Amend the committee substitute to SB 214 by striking from line 6 of Page 1, from lines 21 and 22 of Page 2, from lines 16 and 17 of Page 3, from line 22 of Page 3 and from line 1 of Page 4 the following:
"Secretary of State",
and inserting in lieu thereof the following:
"State Ethics Commission".

MONDAY, FEBRUARY 24, 1975

949

On the adoption of the amendment, the yeas were 41, nays 4, and the amend ment was adopted.

Senator Robinson of the 27th offered the following amendment:
Amend the committee substitute to SB 214 by inserting- following the word "copying" on line 12 of Page 1 the following:
"; to provide for the suspension or modification of reporting requirements under certain circumstances; to provide for actions to contest the propriety of certain orders and limitations on such actions".
By adding at the end of the material quoted as Code Section 471003A, following line 9 on Page 3, a new subsection (e), to read as follows:
"(e) The Commission, after hearing, by order may suspend or modify any of the reporting requirements hereunder in a particular case if it finds that literal application of this Code Chapter works a manifestly unreasonable hardship and if it also finds that such suspension or modification will not frustrate the purposes of this Chapter. Any such suspension or modification shall be only to the extent necessary to substantially relieve the hardship. The Commis sion shall act to suspend or modify any reporting requirements only if it deems that facts exist that are clear and convincing proof of the findings required hereunder. Any citizen shall have standing to bring an action in the Superior Court of Fulton County to contest the propriety of any other entered hereunder within one year from the date of entry of such order."

On the adoption of the amendment, the yeas were 35, nays 5, and the amend ment was adopted.

On the adoption of the substitute, the yeas were 44, nays 4, 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 Banks Barker Barnes

Bell Bond Brantley Coverdell

Dean of 6th Dean of 31st Doss Duncan

950

JOURNAL OF THE SENATE,

Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudson Kidd

Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds Riley Robinson Shapard

Starr Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren

Those voting in the negative were Senators:

Brown of 47th Carter Hill Hudgins

Kennedy McGill Russell

Stephens Timmons Young

Those not voting were Senators Broun of the 46th and Holley.
On the passage of the bill, the yeas were 44, nays 10.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 272. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the Georgia Police Academy Act, ap proved March 3, 1962 (Ga. Laws 1962, p. 535), to provide that the Board of Public Safety shall have authority over the Georgia Police Academy; to repeal that portion of said Act establishing a Georgia Police Academy Board.

Senator Starr of the 44th offered the following amendment:
Amend SB 272 by striking on Page 1, lines 21 and 22, "the Voca tional Division of the State Department of Education" and inserting "The State Board of Education". Amend page 3, lines 16 and 17, by striking "the Vocational Division of the State Department of Education" and inserting "The State Board of Education".
On the adoption of the amendment, the yeas 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.

MONDAY, FEBRUARY 24, 1975

951

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

Banks

'

Barker

Barnes

Bell

Bond

Brantley

Broun of 46th

Brown of 47th

Carter

Coverdell

Dean of 6th

Dean of 31st

Doss

Duncan

Eldridge

Fincher

Foster Garrard Gillis Hamilton of 26th Hill Holloway Howard Hudson Kennedy Kidd Langford Lester
Lewis McDowell McDuffie McGill

Overby Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons
Traylor Turner Tysinger Warren

Those voting in the negative were Senators Tate and Young.

Those not voting were Senators:

Hamilton of 34th Holley

Hudgins Pearce

Russell

On the passage of the bill, the yeas were 49, nays 2.

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

SB 274. By Senators Stumbaugh of the 55th, Garrard of the 37th, Tysinger of the 41st and others:
A bill to prohibit members of public agencies, boards, bureaus, com missions, authorities or other bodies, who are paid on a per meeting basis, from receiving additional compensation for attending more than one meeting of such agency, board, bureau, commission, authority, or body in any one calendar day.

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:

952

JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hill Holloway
Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby

Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Hamilton of 34th Holley

McDuffie Pearce

Russell Starr

On the passage of the bill, the yeas were 49, nays 0.

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

SR 65. By Senators Starr of the 44th, Riley of the 1st, Holloway of the 12th and others:
A resolution to create the "Constitution Revision Commission".

Senator Coverdell of the 40th offered the following amendment:
Amend SR 65 by striking the word "five" on Page 2, lines 13, 15 and 17 and inserting in lieu thereof the word "Seven".

On the adoption of the amendment, the yeas were 31, nays 3, 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:

MONDAY, FEBRUARY 24, 1975

953

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge
Fincher

Foster Garrard Gillis
Hamilton of 26th Holloway
Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Hamilton of 34th Hill

Holley Russell

Timmons

On the adoption of the resolution, the yeas were 51, nays 0.

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

SR 69. By Senators Riley of the 1st and Starr of the 44th: A resolution relating to the World Food Crisis.

The Committee on Human Resources offered the following amendment:
Amend SR 69 by striking on Page 4, line 1, the word "State" and inserting in lieu thereof the following:

On the adoption of the amendment, the yeas were 32, nays 0, and the com mittee amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

954

JOURNAL OP THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bond Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Doss Eldridge Foster Garrard

Gillis Hamilton of 26th Hill Holloway Howard Hudson
Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Shapard Starr Stephens Stumbaugh Summers Button Tate Timmons Traylor Young

Those voting in the negative were Senators:

Bell Brantley

Coverdell Hudgins

Tysinger Warren

Those not voting were Senators:

Duncan Fincher Hamilton of 34th

Holley Robinson Russell

Thompson Turner

On the adoption of the resolution, the yeas were 42, nays 6.

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

SR 77. By Senators Sutton of the 9th, Eldridge of the 7th and Young of the 13th:
A resolution to provide for the creation of the Georgia Agrirama De velopment Authority Overview Committee to generally oversee the operations of the Georgia Agrirama Development Authority.

Senator Holloway of the 12th offered the following substitute to SR 77:
A RESOLUTION
To create the Georgia Agrirama Development Authority Overview Committee; and for other purposes.
WHEREAS, the Georgia Agrirama Development Authority is in the process of developing an agricultural museum in the City of Tifton; and

MONDAY, FEBRUARY 24, 1975

95,5

WHEREAS, the planning, development and operation of the agri cultural museum is a matter of vital concern to the State as a whole, in particular, to the local government of the Tifton area; and

WHEREAS, the Georgia Agrirama Development Authority is a creature of the General Assembly, having been created for the purpose of providing an agricultural museum in or around the City of Tifton; and

WHEREAS, the projects of the Authority are not only of interest and concern of the Tifton region, but are statewide in scope, principally because the funds to support the activities of the Authority are provided by practically all of the State citizens; and

WHEREAS, it is incumbent upon the members of the General Assembly to periodically review the efficiency and effectiveness with which such Authority is meeting its legislatively created purposes.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Georgia Agrirama Development Authority Overview Committee to be composed of three members of the Senate to be appointed by the Lieutenant Governor and three members of the House of Representatives to be appointed by the Speaker of the House. The Committee shall periodically inquire into and review the operations, contracts, financing, organiza tion, operation and structure of the Georgia Agrirama Development Authority, as well as periodically review and evaluate the success which said Authority is accomplishing its legislatively created purposes.

The State Auditor and the Attorney General shall make available to the Committee the services of its staff, facilities and powers in order to assist the Committee in its discharge of its duties herein set forth. The Committee may employ staff and secure the services of independent accountants, engineers and consultants, provided that both the employ ment and the amount of compensation to be received by such personnel is authorized by a joint resolution of the General Assembly. Upon authorization by joint resolution of the General Assembly, the Com mittee shall have the power to compel the attendance of witnesses and the production of documents in aid of its duties.

The Georgia Agrirama Development Authority shall cooperate with the Committee, its authorized personnel, the Attorney General and the State Auditor in order that the charges of the Committee, set forth herein, may be timely and efficiently discharged. The Authority shall submit to the Committee such reports and data as the Committee shall reasonably require of the Authority in order that the Committee may adequately inform itself of the activities of the Authority required by this Resolution. The Committee shall, on or before the first day of January of each year, and at such other times as it deems it takes in the public interest, submit to the General Assembly a report of its find ings and recommendations based upon the review of the operations of the Georgia Agrirama Development Authority, as set forth herein.

956

JOURNAL OF THE SENATE,

In the discharge of its duties, the Committee shall evaluate the performance of the Authority consistent with the following criteria:
(1) prudent, legal and accountable expenditure of public funds;
(2) responsiveness to community needs and community desires;
(3) economic vitality of the Authority and economic benefits to the community and the State and
(4) efficient operation.

The members of the Committee shall receive the same compensa tion, per diem, expenses and allowances for their services on the Com mittee as is authorized by law for members of interim legislative study committees.

Be it further resolved that nothing in this resolution shall relieve the Georgia Agrirama Development Authority of the responsibilities imposed upon it by Ga. Laws 1972, p. 1161, as amended, for the beautify ing-, improving, developing, maintaining, administering, managing, and promoting of an agricultural museum in or around the City of Tifton.

On the adoption of the substitute, the yeas were 40, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes
Bell Bond Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Dean of 31st
Doss Duncan Eldridge
Foster Garrard

Gillis Hamilton of 26th Hill Holley
Holloway Howard Hudson Kennedy Kidd
Langford Lester Lewis McDowell
McDuffie McGill Overby
Pearce

Reynolds Riley Robinson Russell
Shapard Starr Stephens Stumbaugh Summers
Button Tate Thompson Timmons
Traylor Turner Tysinger
Young

MONDAY, FEBRUARY 24, 1975

957

Those not voting were Senators:

Pincher Hamilton of 34th

Hudgins

Warren

On the adoption of the resolution, the yeas were 52, nays 0.

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

HB 352. By Reps. Carter of the 146th, Matthews of the 145th, Patten of the 146th and others: Senate Sponsor: Senator Sutton of the 9th.
A bill to amend an Act creating the Georgia Agrirama Development Authority so as to enlarge the 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of fith Dean of 31st Doss Eldridge Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins
Hudson Kennedv Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Duncan

Fincher Foster

Summers

On the passage of the bill, the yeas were 51, nays 0.

958

JOURNAL OF THE SENATE,

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

HB 538. By Reps. Games of the 43rd, Harris of the 60th, McKinney of the 35th and Smith of the 78th:
Senate Sponsors: Senators Kidd of the 25th and Holloway of the 12th,
A bill to amend an Act known as the "Georgia Industrial Loan Act", so as to change the maximum permissible loan; to change the maximum loan period; to provide for monthly maintenance charges; to exclude such maintenance charges from certain interest rate 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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss
Eldridge Poster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Riley Robinson Russell Shapard Starr Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Warren Young

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Bond Dean of 6th Duncan Fincher

Hill Hudgins Pearce

Reynolds Stephens Tate

On the passage of the bill, the yeas were 45, nays 1.

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

MONDAY, FEBRUARY 24, 1975

959

Senator Holley of the 22nd moved that HB 538 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 538 was immediately transmitted to the House.

The following bill of the House, which was engrossed, was favorably re ported by the committee, read the third time and put upon its passage:

HB 618. By Reps. Smith of the 78th, Lambert of the 112th, Vaughn of the 57th and others:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend Code Section 95A-959 relating to the weight and load limitations for vehicles using the public roads of this State, so as to change the provisions for the maximum permissible gross loads for certain vehicles.

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 Banks Barker Barnes Bell Bond Brantley
Broun of 46th
Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard
Hudgins
Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Russell Shapard Starr Stephens
Stumbaugh
Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators Fincher and Pearce.

On the passage of the bill, the yeas were 54, nays 0.

960

JOURNAL OP THE SENATE,

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

Senator Kidd of the 25th moved that HB 618 be immediately transmitted to the House.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 618 was immediately transmitted to the House.

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

SR 86. By Senators Reynolds of the 48th, Overby of the 49th, Brown of the 47th and Starr of the 44th:
A resolution memorializing the Congress of the United States to amend the "Clean Air Act" to maintain current 1975 automotive emission re quirements through 1980.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 34th Hill Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaug'h Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 31st Fincher

Hamilton of 26th Holloway

Hudgins Pearce

MONDAY, FEBRUARY 24, 1975

961

On the adoption of the resolution, the yeas were 50, nays 0.

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

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock A. M. tomorrow at 4:28 o'clock P. M.

962

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Tuesday, February 25, 1975

The Senate met pursuant to adjournment today at 10:00 o'clock A. M. 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.

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 528, By Representative Knight of the 67th:
A bill to amend the Code of Georgia relating to the amount of interest charged a taxpayer for income tax purposes and the amount of interest paid to a taxpayer for income tax purposes.

HB 532. By Representative Knight of the 67th: 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 147. By Representatives Larsen of the 27th, Patten of the 146th and Russell of the 64th: A bill to amend an Act known as the "Georgia Scenic Trails Act" so as to change the definition of the term "Department"; to provide for bikeways.
The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:
HB 368. By Representative Irvin of the 23rd: A bill to amend an Act creating a new charter for the City of Alpharetta so as to change the salaries of the Mayor of said city.
HB 530. By Representative Knight of the 67th: A bill to provide for a board of elections in certain counties (population, 32,300-32,500).

TUESDAY, FEBRUARY 25, 1975

963

HB 747. By Representative Eraser of the 139th:
A bill to create and establish a Small Claims Court in and for Liberty County.

HB 759. By Representatives Alexander of the 38th, Dean of the 29th, Bolster of the 30th and others:
A bill to amend an Act establishing the Civil Court of Fulton County (formerly the Municipal Court of Atlanta) so as to change the pro visions relating to appeals to the Appellate Division of said court and to the Court of Appeals and Supreme Court of Georgia in certain cases.

HB 792. By Representative Fraser of the 139th:
A bill to amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville) so as to change the compensa tion of the judge and solicitor of said court.

HB 852. By Representatives Buck of the 95th, Berry of the 94th, Parrish of the 97th and others:
A bill to amend the Charter of Columbus, Georgia, so as to authorize the Council of Columbus, Georgia, in the event that it exercises its power to abolish the Medical Center Board of Commissioners to transfer all the powers and functions of said Commissioners to an Authority created by the Georgia "Hospital Authorities Law".

HB 854. By Representatives Miles of the 86th, Sams of the 90th, Evans of the 84th and others:
A bill to abolish the office of County Treasurer in any county with a population of not more than 165,000 and not less than 150,000, and to provide the procedure whereby the County Treasurer shall be eligible to become County Treasurer Emeritus.
HB 864. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a new charter for the City of Hogansville in the County of Troup so as to change the corporate limits of said city.
HB 865. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act relating to the compensation of certain county officers of Troup County so as to change the compensation of the Sheriff and the Tax Commissioner of Troup County.
HB 67. By Representative Wall of the 61st:
A bill to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission so as to require periodic

964

JOURNAL OF THE SENATE,

and terminal billings for electric, gas and water services to note certain items in a conspicuous manner.

HB 260. By Representative Connell of the 87th:
A bill to amend an Act establishing the State Employees Retirement System so as to entitle Department of Natural Resources Law En forcement personnel to certain payments for a disability due to an act of external violence or injury incurred in line of duty.

HB 374. By Representative Greer of the 43rd:
A bill to amend Code Section 56-3009, relating to renewal premiums for policies of accident and sickness insurance, so as to provide additional circumstances under which the provisions of said Section are inapplicable.
HB 376. By Representatives McDonald of the 12th, Smith of the 78th and Hutchinson of the 133rd:
A bill to amend the Executive Reorganization Act of 1972 so as to au thorize the Department of Public Safety to exercise jurisdiction over safety of motor vehicles and over the drivers of motor vehicles operat ing as motor contract carriers or motor common carriers.
HB 377. By Representatives McDonald of the 12th, Smith of the 78th and Hutchinson of the 133rd:
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 482. By Representative Larsen of the 119th:
A bill to amend an Act creating a Judicial Council of the State of Georgia, so as to provide that the Judicial Council shall promulgate rules and regulations which shall provide for and set the fees to be charged by all official court reporters in this State in all criminal and civil cases.
HB 754. By Representatives Murphy of the 18th, Snow of the 1st, Harris of the 8th and Collins of the 144th:
A bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel so as to provide for the organization of the Committee; to provide for powers and authority of the Commit tee; to provide for duties and authority of the Legislative Counsel.
HB 819. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend Code Section 56-844b authorizing agents to adjust and

TUESDAY, FEBRUARY 25, 1975

965

relating to nonresident adjusters, so as to provide for qualifications, applications, license fees, and the practices and procedures in connection with such licensing; to provide for reciprocal agreements.

HB 821. By Representatives Ware of the 68th, Castleberry of the lllth and Peters of the 2nd:
A bill to amend Code Chapter 56-34, relating to insurance holding com pany systems, so as to provide for additional standards to provide for reports; to provide for requirements for distribution to shareholders.

HB 822. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, so as to change the provisions relating to time limits for notices of cancellation with respect to property and casualty policies insuring industrial and commercial concerns.

HB 823. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend Code Section 56-214, relating to enforcement by the Insurance Commissioner of the provisions of Code Title 56, so as to authorize the commissioner to place insurers, agents, brokers, counselors, solicitors and adjusters on probation.

SB 129. By Senator Kidd of the 25th:
A bill to amend Code Title 56, relating to the regulation of the insurance industry, as amended, so as to provide that no group policy of accident and sickness insurance offered for sale in this State shall be issued or renewed after the effective date of this Act by any insurer or hospital service non-profit corporation (Chapter 56-18) transacting business in this State.

SB 50. By Senators Eldridge of the 7th and Sutton of the 9th:
A bill to amend an Act providing for the indemnification for honey bees or bee-keeping fixtures ordered destroyed by the State Entomologist because of infection by contagious disease, so as to increase the amount of indemnification paid to owners of property so destroyed.

HB 89. By Representative Ham of the 80th:
A bill to amend an Act known as the "Electric Membership Corporations Act" so as to provide that directors of electric membership corporations may be compensated for their services rendered on behalf of such corporations.

966

JOURNAL OF THE SENATE,

HB 288. By Representatives Evans of the 99th, Pinkston of the 100th, Banks of the 104th and others:
A bill to amend Code Section 59-108, relating to jury boxes, so as to provide for the creation of plans for the selection of persons to serve as jurors by mechanical or electronic means, to provide for rules of the superior courts.

HB 289. By Representatives Evans of the 99th, Pinkston of the 100th, Banks of the 104th and others:
A bill to amend Code Section 59-101, relating to the appointment, number, qualifications, terms and removal of jury commissioners, so as to provide that members of the board of jury commissioners shall be appointed by the senior judge of the superior court.

HB 491. By Representative Miles of the 86th:
A bill to amend Section 92-3002 of the Code of Georgia relating to the definition of the word "nonresident" for income tax purposes, to clarify the definition of the word "nonresident".

HB 492. By Representative Miles of the 86th:
A bill to amend Section 92-3201 of the Code of Georgia to provide a definition of who must file an income tax return.

HB 539. By Representatives Snow of the 1st, Walker of the 100th, Sams of the 90th and others:
A bill to authorize the Governor to convene a committee to be composed of himself, the Chief Justice of the Supreme Court and the Chairman of the Judicial Council of Georgia to ascertain whether or not the Attorney General is incapacitated and unable to perform the duties of his office by reason of sickness or other providential cause and thus unable him to perform the duties of his office.

HB 564. By Representatives Davis and Tolbert of the 56th, Jordan of the 58th and others:
A bill to amend Code Section 92-5703, relating to the levy of ad valorem taxes, so as to require certain information to be included on notices of taxes due sent to taxpayers of counties and municipalities.

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

HR 239. By Representatives Whitmire, Wood and Jackson of the 9th:
A resolution urging the United States Congress to adopt appropriate legislation providing that one of the major purposes of Lake Sidney Lanier is for recreation.

TUESDAY, FEBRUARY 25, 1975

967

HR 241. By Representatives Murphy of the 18th, Harris of the 8th, Wood of the 9th and many others:
A resolution designating the Recreational Complex to be located on Picnic Island of Lake Lanier Islands as the "James H. 'Sloppy' Floyd Recreational Center".

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

SR 41. By Senators Thompson of the 32nd, Reynolds of the 48th and Holloway of the 12th:
A resolution relative to the installation of protective devices at railroad crossings.

Senator Kidd of the 25th moved that the Senate reconsider its action of February 24 in passing by substitute the following bill of the Senate:

SB 107. By Senators Langford of the 51st, Starr of the 44th and Howard of the 42nd:
A bill to amend the "Georgia Criminal Justice Act", approved April 8, 1968 (Ga. Laws 1968, p. 999), so as to create the Georgia Criminal Justice Council; to provide for membership of the Council, their qualifica tions, appointment, election, compensation, expenses, terms of office, succession, duties, powers, purposes, authority and responsibilities; to provide for the allocation of expenses and costs; to provide for rep resentation in State and federal courts.

On the motion to reconsider, Senator Starr of the 44th called for the yeas 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 Coverdell Doss Duncan Eldridge Foster Garrard Hamilton of 34th Hudgins

Hudson Kennedy Kidd McDuffie McGill Pearce Reynolds Russell Stumbaugh

Summers Button Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Ballard Banks Barnes

Bond Brown of 47th Carter

Hamilton of 26th Howard Langford

968
Lewis McDowell Overby

JOURNAL OF THE SENATE,

Robinson Shapard Starr

Stephens Tate

Those not voting were Senators:

Barker Brantley Broun of 46th Dean of 6th

Dean of 31st Fincher Gillis Hill

Holley Holloway Lester Riley

On the motion, the yeas were 27, nays 17; the motion prevailed, and SB 107 was placed on the Senate Calendar.

Senator Barnes of the 33rd moved that the Senate reconsider its action of February 24 in defeating the following bill of the Senate:

SB 144. By Senators Banks of the 17th, Ballard of the 45th, Lewis of the 21st and Barnes of the 33rd:
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 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 prosecuting attorney.

On the motion to reconsider, the yeas were 28, nays 7; the motion prevailed, and SB 144 was placed on the Senate Calendar.

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 328. By Senator Foster of the 50th:
A bill to create and establish an Airport Authority for Rabun County, and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for use of aircraft, which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking, and to acquire, own and hold a fee simple title to all necessary property therefor.
Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 25, 1975

969

SB 329. By Senator Barker of the 18th:
A bill to amend Code Chapter 56-12, relating to actions against insurance companies, as amended, so as to require insurance companies to ac knowledge receipt of claims; to provide that failure of an insurance com pany to acknowledge such receipt shall constitute a conclusive presump tion of liability for the full amount of the claim.
Referred to Committee on Banking, Finance and Insurance.

SB 330. By Senator Brantley of the 56th:
A bill to amend an Act reincorporating the City of Atlanta, as amended, so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

SB 331. By Senators Traylor of the 3rd, Gillis of the 20th and Howard of the 42nd:
A bill to repeal an Act regulating the taking and possessing of saltwater crawfish; to provide an effective date. Referred to Committee on Natural Resources and Environmental Quality.

SB 332. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", as amended, so as to grant the Governor the emergency power to provide welfare benefits to the citizens of Georgia in the form of grants to individuals and families under prescribed conditions, provided that matching federal funds are available for such purpose pursuant to the Federal Disaster Relief Act of 1974.
Referred to Committee on Defense and Veterans Affairs.

SB 333. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
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.
Referred to Committee on Defense and Veterans Affairs.

SB 334. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
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 flash ing or revolving blue lights, as amended, so as to authorize certain private motor vehicles to operate with flashing or revolving red lights

970

JOURNAL OF THE SENATE,

upon certification of the necessity thereof by the State Director of Civil Defense to the Department of Public Safety.
Referred to Committee on Judiciary.

SB 335. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", as amended, so as to authorize each political subdivision of this State to acquire sites for installation of temporary housing units for victims of disasters.
Referred to Committee on Defense and Veterans Affairs.

SB 336. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend Code Chapter 40-19, relating to the Supervisor of Purchases, as amended, so as to provide that before departments, insti tutions, and agencies of the State and its political subdivisions have to obtain all goods, wares, or merchandise from the Director of Corrections. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.
SB 337. By Senator Langford of the 51st:
A bill to amend an Act placing certain of the county officers of Cherokee County upon an annual salary, as amended, so as to change the compen sation of the Clerk of the Superior Court of Cherokee County; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 338. By Senator Langford of the 51st:
A bill to amend an Act placing certain of the county officers of Cherokee County upon an annual salary, as amended, so as to change the pro visions relative to the compensation of the deputies and clerical as sistants of the Clerk of the Superior Court of Cherokee County. Referred to Committee on County and Urban Affairs.
SR 112. By Senator Barker of the 18th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to permit the donation or gratuitous transfer of surplus books and other printed materials to certain non profit organizations; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Rules.

SR 113. By Senators Stumbaugh of the 55th, Holloway of the 12th, Hudgins of the 15th and others:
A resolution proposing an amendment to the Constitution, so as to

TUESDAY, FEBRUARY 25, 1975

971

authorize counties and municipalities to grant a partial or complete exemption from ad valorem property taxes levied by such county or municipality on certain tangible property; to require the approval of such exemption by the electors of the county or municipality.
Referred to Committee on Industry, Labor and Tourism.

SR 114. By Senators Coverdell of the 40th and Lester of the 23rd:
A resolution directing the Senate Committee on Retirement to conduct certain studies. Referred to Committee on Rules.

SR 115. By Senators Coverdell of the 40th, Garrard of the 37th and Brantley of the 56th:
A resolution creating the Fulton County Transportation Study Com mission. Referred to Committee on County and Urban Affairs.

SR 116. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A resolution proposing an amendment to the Constitution, so as to authorize counties, municipalities and political subdivisions of the State to obtain federal community disaster loans pursuant to and in accord ance with the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288).
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 368. By Mr. Irvin of the 23rd:
A bill to amend an Act creating a new charter for the City of Alpharetta so as to change the salaries of the Mayor of said city. Referred to Committee on County and Urban Affairs.

HB 530. By Representative Knight of the 67th:
A bill to provide for a board of elections in certain counties (popula tion, 32,300 -- 32,500). Referred to Committee on County and Urban Affairs.

HB 747. By Representative Eraser of the 139th:
A bill to create and establish a Small Claims Court in and for Liberty County. Referred to Committee on County and Urban Affairs.

972

JOURNAL OF THE SENATE,

HB 759. By Representatives Alexander of the 38th, Dean of the 29th, Glover of the 32nd and others:
A bill to amend an Act establishing the Civil Court of Fulton County (formerly the Municipal Court of Atlanta) so as to change the pro visions relating to appeals to the Appellate Division of said court and to the Court of Appeals and Supreme Court of Georgia in certain cases.
Referred to Committee on County and Urban Affairs.

HB 792. By Representative Fraser of the 139th:
A bill to amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville) so as to change the compensa tion of the judge and solicitor of said court. Referred to Committee on County and Urban Affairs.

HB 852. By Representatives Buck of the 95th, Berry of the 94th, Parrish of the 97th and others:
A bill to amend the Charter of Columbus, Georgia, so as to authorize the Council of Columbus, Georgia, in the event that it exercises its power to abolish the Medical Center Board of Commissioners to transfer all the powers and functions of said Medical Center Board of Commission ers to an Authority created by the Georgia "Hospital Authorities Law".
Referred to Committee on County and Urban Affairs.

HB 854. By Representatives Miles of the 86th, Sams of the 90th, Calhoun of the 88th and others:
A bill to abolish the office of County Treasurer in any county with a population of not more than 165,000 and not less than 150,000, and to provide the procedure whereby the County Treasurer shall be eligible to become County Treasurer Emeritus. Referred to Committee on County and Urban Affairs.

HB 864. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a new charter for the City of Hogansville in the County of Troup so as to change the corporate limits of said city. Referred to Committee on County and Urban Affairs.

HB 865. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act relating to the compensation of certain county officers of Troup County so as to change the compensation of the Sheriff and the Tax Commissioner of Troup County. Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 25, 1975

973

HB 67. By Mr. Wall of the 61st:
A bill to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission so as to require periodic and terminal billings for electric, gas and water services to note certain items in a conspicuous manner. Referred to Committee on Public Utilities.

HB 89. By Mr. Ham of the 80th:
A bill to amend an Act known as the "Electric Membership Corporations Act" so as to provide that directors of electric membership corporations may be compensated for their services rendered on behalf of such corpo rations. Referred to Committee on Public Utilities.

HB 147. By Messrs. Larsen of the 27th, Patten of the 146th and Russell of the 64th:
A bill to amend an Act known as the "Georgia Scenic Trails Act" so as to change the definition of the term "Department"; to provide for bikeways. Referred to Committee on Natural Resources and Environmental Quality.

HB 260. By Mr. Connell of the 87th:
A bill to amend an Act establishing the State Employees Retirement System so as to entitle Dept. of Natural Resources Law Enforcement personnel to certain payments for a disability due to an act of external violence or injury incurred in line of duty. Referred to Committee on Natural Resources and Environmental Quality.

HB 288. By Messrs. Evans of the 99th, Pinkston of the 100th, Banks of the 104th and others:
A bill to amend Code Section 59-108, relating to jury boxes, so as to provide for the creation of plans for the selection of persons to serve as jurors by mechanical or electronic means; to provide for rules of the superior courts. Referred to Committee on Judiciary.

HB 289. By Messrs. Evans of the 99th, Pinkston of the 100th, Banks of the 104th and others:
A bill to amend Code Section 59-101, relating to the appointment, num ber, terms and removal of jury commissioners, so as to provide that members of the board shall be appointed by the senior judge. Referred to Committee on Judiciary.

974

JOURNAL OF THE SENATE,

HB 374. By Mr. Greer of the 43rd:
A bill to amend Code Section 56-3009 relating to renewal premiums for policies of accident and sickness insurance, so as to provide additional circumstances under which the provisions of said Section are inap plicable. Referred to Committee on Banking, Finance and Insurance.

HB 376. By Messrs. McDonald of the 12th, Smith of the 78th and Hutchinson of the 133rd:
A bill to amend the Executive Reorganization Act of 1972 so as to authorize the Department of Public Safety to exercise jurisdiction over safety of motor vehicles and over drivers of motor vehicles operating as motor contract carriers or motor common carriers.
Referred to Committee on Transportation.

HB 377. By Messrs. McDonald of the 12th, Smith of the 78th and Hutchinson of the 133rd:
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 Public Service Commission pertaining to motor carrier safety.
Referred to Committee on Transportation.

HB 482. By Mr. Larsen of the 119th:
A bill to amend an Act creating a Judicial Council of the State of Georgia, so as to provide that the Judicial Council shall promulgate rules and regulations which shall provide for and set the fees to be charged by all official court reporters in this State in all criminal and civil cases. Referred to Committee on Judiciary.

HB 491. By Mr. Miles of the 86th:
A bill to amend Section 92-3002 of the Code of Georgia relating to the definition of the word "nonresident" for income tax purposes, to clarify the definition of the word "nonresident". Referred to Committee on Banking, Finance and Insurance.

HB 492. By Mr. Miles of the 86th:
A bill to amend Section 92-3201 of the Code of Georgia to provide a definition of who must file an income tax return. Referred to Committee on Banking, Finance and Insurance.

TUESDAY, FEBRUARY 25, 1975

975

HB 528. By Representative Knight of the 67th:
A bill to amend the Code of Georgia relating to the amount of interest charged a taxpayer for income tax purposes and the amount of interest paid to a taxpayer for income tax purposes. Referred to Committee on Banking, Finance and Insurance.

HB 532. By Representative Knight of the 67th:
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act" so as to increase the interest rate on delinquent taxes. Referred to Committee on Banking, Finance and Insurance.
HB 539. By Representatives Snow of the 1st, Walker of the 115th, Sams of the 90th and others:
A bill to authorize the Governor to convene a committee to be com posed of himself, the Chief Justice of the Supreme Court and the Chairman of the Judicial Council of Georgia to ascertain whether or not the Attorney General is incapacitated and unable to perform the duties of his office by reason of sickness or other providential cause and thus unable to perform the duties of his office. Referred to Committee on Judiciary.
HB 564. By Representatives Davis and Tolbert of the 56th, Linder of the 44th and others:
A bill to amend Code Section 92-5703, relating to the levy of ad valorem taxes, so as to require certain information to be included on notices of taxes due sent to taxpayers of counties and municipalities. Referred to Committee on County and Urban Affairs.
HB 754. By Representatives Murphy of the 18th, Snow of the 1st, Harris of the 8th and Collins of the 144th:
A bill to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel so as to provide for the organization of the Committee; to provide for powers and authority of the Committee; to provide for duties and authority of the Legislative Counsel; to pro vide for legal services. Referred to Committee on Rules.
HB 819. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend Code Section 56-844b authorizing agents to adjust and relating to nonresident adjusters, so as to provide for the licensing of nonresident adjusters; to provide for qualifications, applications, license fees, and the practices and procedures in connection with such licensing; to provide for reciprocal agreements. Referred to Committee on Banking, Finance and Insurance.

976

JOURNAL OF THE SENATE,

HB 821. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend Code Chapter 56-34, relating to insurance holding company systems, so as to provide for additional standards; to provide for reports; to provide for requirements for distribution to share holders. Referred to Committee on Banking, Finance and Insurance.

HB 822. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, so as to change the provisions relating to time limits for notices of cancellation with respect to property and casualty policies insuring industrial and commercial concerns. Referred to Committee on Banking, Finance and Insurance.

HB 823. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend Code Section 56-214, relating to enforcement by the Insurance Commissioner of the provisions of Code Title 56, so as to authorize the commissioner to place insurers, agents, brokers, counselors, solicitors and adjusters on probation. Referred to Committee on Banking, Finance and Insurance.
HR 239. By Reps. Whitmire, Wood and Jackson of the 9th:
A resolution urging the United States Congress to adopt appropriate legislation providing that one of the major purposes of Lake Sidney Lanier is for recreation. Referred to Committee on Rules.
HR 241. By Reps. Murphy of the 18th, Harris of the 8th, Wood of the 9th and others:
A resolution designating the Recreational Complex to be located on Picnic Island of Lake Lanier Islands as ''The James H. 'Sloppy' Floyd Recreational Center". Referred to Committee on Rules.
The following reports of standing committees were read by the Secretary:

Senator Garrard of the 37th 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

TUESDAY, FEBRUARY 25, 1975

977

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 310. Do pass. SB 317. Do pass. HB 239. Do pass by substitute. HB 436. Do pass. HB 534. Do pass. HB 662. Do pass. HB 744. Do pass. HB 745. Do pass. HB 749. Do pass. HB 751. Do pass. HB 753. Do pass. HB 756. Do pass. HB 775. Do pass. HB 776. Do pass. HB 788. Do pass. HB 790. Do pass. HR 126. Do pass. SB 319. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism 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 248. Do pass.
Respectfully submitted, Ballard of 45th District, Chairman.

978

JOURNAL OF THE SENATE,

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 following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 258. Do pass.

Respectfully submitted, Hill of 29th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 199. Do pass by substitute.
SR 46. Do pass by substitute. HB 36. Do pass. HB 74. Do pass. HB 134. Do pass.
HB 207. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities has had under consideration the following resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 84. Do pass. SR 85. Do pass.

TUESDAY, FEBRUARY 25, 1975

979

HR 75. Do pass. HR 121. Do pass.

Respectfully submitted, Brown of 47th District, Chairman.

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

SB 10. By Senator Coverdell of the 40th:
A bill to provide that ad valorem, excise and other taxes, fees, service charges and assessments due to counties of this State having a popula tion of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or to those municipalities lying wholly or partially within such a county having a population of 400,000 or more according to the United States Decennial Census of 1970.

SB 295. By Senator Summers of the 53rd:
A bill to amend an Act placing the Sheriff of Chattooga County upon an annual salary, as amended, so as to change the provisions relative to deputies and other personnel of the Sheriff's office.

SB 307. By Senator McGill of the 24th:
A bill to recreate the Board of Commissioners of Wilkes County; to provide for commissioner districts; to provide for election of a chairman and term of office; to provide for election of members and terms of office; to require bonds and oaths; to provide for the filling of vacan cies; to provide for a clerk.

SR 89. By Senators Riley of the 1st and McDowell of the 2nd:
A resolution proposing an amendment to the Constitution, so as to delete therefrom the provisions relating to the Downtown Savannah Authority; to provide for the submission of this amendment for ratifica tion or rejection.

HB 361. By Messrs. Evans of the 84th and Owens of the 77th: A bill to amend an Act placing the county officers of McDuffie County upon an annual salary so as to provide a housing and utility allowance for the sheriff.
HB 363. By Messrs. Evans of the 84th and Owens of the 77th: A bill to amend an Act creating the McDuffie County Small Claims

980

JOURNAL OP THE SENATE,

Court so as to change certain of the costs prescribed for various proceedings in said court.

HB 514. By Representative Irvin of the 10th:
A bill to abolish the present mode of compensating the Judge of the Probate Court and Clerk of the Superior Court of Banks County, known as the fee system; to provide in lieu thereof the annual salary.

HB 688. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Wilcox County upon an annual salary so as to change the method of paying the expenses con nected with said office.

HB 693. By Representative Adams of the 79th:
A bill to amend an Act creating a new Charter for the City of Thomaston so as to change and extend the present corporate limits of said city and to describe the new territory to become a part of the said City of Thomaston.

HB 704. By Representative Carrell of the 75th:
A bill to amend an Act incorporating the City of Social Circle so as to change the terms of office of the mayor and councilmen; to change certain provisions relating to the election of the mayor and councilmen.

HB 705. By Representative Carrell of the 75th:
A bill to amend an Act reincorporating the City of Monroe in the County of Walton so as to authorize the City of Monroe to provide community antenna television services beyond its corporate limits.

HB 716. By Representative Bray of the 70th:
A bill to change the compensation of coroners in counties having a population of not less than 19,300 and not more than 20,000.

HB 717. By Representatives Kreeger of the 21st, Murphy of the 18th, Burruss of the 21st and others:
A bill to create a Board of Commissioners for Paulding County; to provide for the membership of said Board.

HB 730. By Representatives Thomason, Harris and Johnson of the 8th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Pickens County, known as the fee system; to provide in lieu thereof an annual salary.

TUESDAY, FEBRUARY 25-, 1975

981

HB 728. By Representatives Rush of the 121st and Clifton of the 107th:
A bill creating and establishing a Small Court for Tattnall County, Georgia, to be known as the Small Claims Court of Tattnall County.

HB 573. By Representative Irwin of the 130th: A bill to provide a new Charter for the City of Edison.

SR 83. By Senator Hill of the 29th:
A resolution proposing an amendment to the Constitution, so as to provide that the homestead of each resident of Heard County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as much, but not to exceed $5,000.00 of its value is exempt from all ad valorem taxation for county and school purposes, except certain taxes for certain purposes.

SB 162. By Senators Fincher of the 54th and McDowell of the 2nd:
A bill to amend an Act approved Mar. 2, 1953 (Ga. Laws 1953, Jan-Feb. Sess., p. 333), as amended, creating the Board of Examiners of Practical Nurses and regulating the practice of practical nursing, so as to delete the requirement that an applicant submit evidence of U. S. citizenship to the Board of Examiners of Practical Nurses.

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

HB 651. By Representative Fraser of the 139th:
A bill to amend an Act providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County so as to change the compensation of the sheriff.

Senator Traylor of the 3rd offered the following substitute:
A BILL
To be entitled an Act to amend an Act providing for the compen sation of the Sheriff and Clerk of the Superior Court of Liberty County, approved February 16, 1955 (Ga. Laws 1955, p. 2340), as amended, particularly by an Act approved February 27, 1970 (Ga. Laws 1970, p. 2215), and an Act approved April 17, 1973 (Ga. Laws 1973, p. 3201), so as to change the compensation of 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:

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Section 1. An Act providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County, approved February 16, 1955 (Ga. Laws 1955, p. 2340), as amended, particularly by an Act approved February 27, 1970 (Ga. Laws 1970, p. 2215), and an Act approved April 17, 1973 (Ga. Laws 1973, p. 3201), is hereby amended by striking from Section 4 the following:

"$10,800.00",

and inserting in lieu thereof the following:

"$13,500.00",

so that when so amended Section 4 shall read as follows:

"Section 4. The Sheriff of Liberty County shall be compensated in the amount of $13,500.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. In addition to the salary herein provided for, the sheriff shall receive a supplemental compensation of $200.00 per month for subsistence allowance. This compensation shall be in lieu of the fees which said sheriff has heretofore received. Such compensation shall be all-inclusive, and the sheriff shall receive no other compensation for any services he performs in any capacity or in any court, except as provided in this Act. Full-time deputies shall be compensated in the amount of $700.00 per month as salary. In addition to the salary herein provided for, the full-time deputy sheriffs shall receive a supple mental compensation of $100.00 per month for subsistence allowance. Said salary and subsistence allowance shall be paid from the funds of Liberty County. Part-time deputies shall be compensated in the amount of $150.00 per month, to be paid from the funds of Liberty County. The County Commissioners of Liberty County shall furnish adequate transportation to the full-time deputies, or in lieu there of shall compensate such deputies at the rate of ten (10) cents per mile for actual miles traveled inside Liberty County while in the performance of their duties. The sheriff and any deputy shall be entitled to and shall receive mileage allowance at the rate of ten (10) cents per mile for actual miles traveled outside Liberty County when in the performance of their duties when not using a county vehicle."

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 yeas were 39, nays 0, and the sub stitute was adopted.

TUESDAY, FEBRUARY 25, 1975

983

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 yeas were 39, nays 0.

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

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

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher
Foster

Garrard Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those not answering were Senators:

Broun of the 46th Gillis Hill

Holloway Riley

Stephens Warren

Senator Foster of the 50th introduced as Chaplain, Dr. J. E. Henderson, pastor, First Baptist Church of Cornelia, who offered scripture reading and prayer.

Senator Broun of the 46th filed the following statement with the Secretary of the Senate:
Mr. President:
The Conference Committee appointed to consider HB 169 met today from 10:00 o'clock A.M. until 1:00 o'clock P.M.
Please record this reason for the absence of Senators Broun of the 46th, Riley of the 1st, and Holloway of the 12th from the Senate

984

JOURNAL OF THE SENATE,

in the Journal and excuse us from all roll calls during this specified time.

Senator Tate of the 38th introduced as Doctor of the Day, Dr. Albert Davis of Atlanta, Georgia.

The following resolutions of the Senate were read and adopted:

SR 117. By Senator Lewis of the 21st: A resolution commending WBRO radio.

SR 118. By Senators Pearce of the 16th and Hudgins of the 15th: A resolution expressing regret at the passing of Mr. Joseph Wall Tedder.

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 of the House, to-wit:

HB 169. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A bill to amend an Act making and providing appropriations for the fiscal year beginning July 1, 1974 and ending June 30, 1975; known as the "General Appropriations Act", approved Apr. 2, 1974, so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1975.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 169. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A bill to amend an Act making and providing appropriations for the fiscal year beginning July 1, 1974 and ending June 30, 1975; known as the General Appropriations Act, approved Apr. 2, 1974 (Ga. Laws 1974, p. 1508), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1975.

Senator Doss of the 52nd moved that the Senate insist upon its substitute to HB 169.

TUESDAY, FEBRUARY 25, 1975

985

On the motion, the yeas were 31, nays 0; the motion prevailed, and the substitute of the Senate to HB 169 was insisted upon.

SENATE CALENDAR
Tuesday, February 25, 1975
SB 126 Legal Interest Rate on Loans Paid Monthly, Quarterly, Yearly-change SB 241 Overweight Vehicle--schedule for paying damages to State (AM) HB 4 Odometer Reading--unlawful to change HB 211 Executive Center Fine Arts Committee--establish (SUB) SB 86 Employees' Retirement--increase percentage rate (SUB) SB 163 Mentally Retarded Offenders--written report on training (SUB) SB 237 Challenge of Jurors for Favor--voir dire examination (AM) SB 240 Douglas Judicial Circuit--create SB 268 Practice of Nursing--revise law SB 271 Peace Officer Standards and Training Council---membership (SUB) SB 278 Georgia Military Forces--certain officers confirmed by Senate SB 287 Board of Orthotists and Prosthetists--create HB 21 Probate of Will--proof by one witness HB 246 Parents of Racially Mixed Marriage--repeal law
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 241. By Senators Gillis of the 20th, McGill of the 24th, Fincher of the 54th and others: A bill to amend Code Section 95-960 relating to the enforcement of load limitations for highways, so as to change the schedule for paying damages to the State for overweight vehicles.
The Committee on Transportation offered the following amendment:
Amend SB 241 by striking on Page 1, lines 7 through 18, Section 1 in its entirety, and inserting in lieu thereof the following:
"Section 1. Code Section 95A-960, relating to the enforcement of load limitations for highways, is hereby amended by striking in its entirety the second paragraph of subsection (a) and sub stituting in lieu thereof the following:

986

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"For the first 1,000 pounds of excess weight, $.008 per pound; plus $.015 per pound for the next 2,000 pounds of excess weight; plus $.02 per pound for the next 2,000 pounds of excess weight; plus $.04 per pound for the next 3,000 pounds of excess weight; plus $.05 per pound for all excess weight over 8,000 pounds."

On the adoption of the amendment, the yeas were 33, nays 0, and the committee 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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Foster Garrard Gillis Hamilton of 26th

Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th, (excused-conferee) Doss Duncan

Fincher Hamilton of 34th Holloway, (excused-conferee)

Riley, (excused-conferee)

On the passage of the bill, the yeas were 49, nays 0.

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

Senator Gillis of the 20th assumed the Chair.

TUESDAY, FEBRUARY 25, 1975

987

HB 4. By Representative Adams of the 14th:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to make unlawful certain acts in connection with motor vehicle odometer readings.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Coverdell Dean of 6th Doss Duncan Eldridge Foster Garrard Hamilton of 26th

Hamilton of 34th Hill Holley Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th, (excused-conferee) Carter Dean of 31st

Fincher Gillis (presiding) Holloway, (excused-conferee)

Hudson McGill Riley, (excused-conferee)

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.
The President resumed the Chair.
HB 211. By Representatives Lambert of the 112th, Carlisle of the 71st, Jones of the 126th and others: Senate Sponsor: Senator Starr of the 44th. A bill to establish an Executive Center Fine Arts Committee.

988

JOURNAL OF THE SENATE,

The Committee on Economy, Reorganization and Efficiency in Government offered the following substitute to HB 211:

A BILL

To be entitled an Act to amend an Act known as the "Georgia Building Authority Act", approved February 21, 1951 (Ga. Laws 1951, p. 699), as amended, particularly by an Act approved April 19, 1967 (Ga. Laws 1967, p. 856), relating to the Georgia Building Authority, its powers and duties, so as to create within the Georgia Building Authority an Executive Center Fine Arts Committee; to provide for the appoint ment, qualifications, and terms of office of members; to provide for professional advisors and compensation thereof; to prescribe certain powers and duties of the Committee; to require departments, commis sions, boards, agencies, officers and institutions of the State or political subdivisions thereof to cooperate with the Committee in certain respects; 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 GEOR GIA:

Section 1. An Act known as the "Georgia Building Authority Act", approved February 21, 1951 (Ga. Laws 1951, p. 699), as amended, particularly by an Act approved April 19, 1967 (Ga. Laws 1967, p. 856), relating to the Georgia Building Authority, its powers and duties, is hereby amended by adding the following new sections, to be designated Sections 34 through 40, which shall read as follows:

"Section 34. Executive Center Fine Arts Committee; creation; appointment. There is hereby created as a division and arm of the Georgia Building Authority, the Executive Center Fine Arts Com mittee, to be composed of nine (9) members appointed by the Governor. No employee of the State of Georgia nor any member of the General Assembly shall be eligible for appointment as a member of the Committee. All members shall be deemed members at large charged with the responsibility of serving the best interests of the State as a whole.

Section 35. Committee; term of members; organization. Of the members first appointed under this Act, three (3) shall be appointed for terms of one (1) year, three (3) for terms of three (3) years, and three (3) for terms of five (5) years. After the original appointment, each subsequent appointment shall be for terms of five (5) years. All vacancies shall be filled for the balance of the unexpired term in the same manner as the original appointment. The spouse of the Governor of Georgia shall be Honorary Chairman of the Committee. The Governor shall designate one member of the Committee to serve as Chairman, whose term of office as Chairman shall be for one (1) year. The Committee shall thereafter elect its Chairman for a term of three (3) years. The Chairman may appoint other advisory and cooperative groups,

TUESDAY, FEBRUARY 25, 1975

989

who may not necessarily be members of the Committee. Members of the Committee shall not receive any compensation for their services, nor shall they receive any per diem, travel or expense allowance from any State funds whatsoever. Members of the Committee may, however, be reimbursed for their actual expenses from private funds donated for such purpose.

Section 36. Committee; powers and responsibilities. Committee shall have the following powers and responsibilities and shall perform the following duties:

(a) Promote a greater understanding and awareness of the history and significance of the Executive Mansion;

(b) Take leadership in guiding the development of research and publications on the history and significance of the Executive Mansion, thus establishing a continuity of effort in this area;

(c) Encourage, approve and accept contributions and bequests and gifts or loans of furniture, works of art, memorabilia and other personal property for its use in carrying out the purposes of the Committee and its powers and responsibilities;

(d) Purchase appropriate period furnishing, books and works of art for the Executive Mansion, and exchange or sell personal property acquired subsequent to the effective date of this Act, tangible or intangible, which has been acquired by the Committee through gifts or otherwise from other public or private organiza tions, associations or individuals;

(e) Make recommendations to the Georgia Building Authority for the purchase of any furnishings or other property, or for the exchange or sale of any existing inventory at the Executive Mansion as of the date of this Act;

(f) Acquire or provide for accession and replacement of ob jects for the Executive Mansion;

(g) Administer all funds, public and private, made available to the Committee, and to disburse such funds in accordance with the purposes of this Act;

(h) To keep a complete list of all furnishings and of all gifts and articles received, together with their history and value, and to request the assistance of the State Department of Archives and History for this purpose.

Section 37. Committee; employment of personnel. The Com mittee may employ and fix the compensation of researchers, writers, curators and other such consultants and professional personnel as it may deem necessary to assist in the exercise and performance of its duties.

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JOURNAL OP THE SENATE,

Section 38. Agency cooperation authorized. All departments, commissions, boards, agencies, officers and institutions of the State of Georgia or any political subdivisions thereof are authorized and directed to cooperate with the Committee in carrying out the purposes of this Act.

Section 39. Property and monies in Committee custody. All monies received by the Committee shall be set aside as a special fund to be used by the Committee to carry out the purposes of this Act. All other personal property, tangible or intangible, which is acquired by the Committee subsequent to passage of this Act shall become the property of the State of Georgia upon such acquisition. Such personal property may be sold or exchanged by the Committee as agent for the State of Georgia notwithstanding any other provision of law concerning the sale or exchange of personal property of the State of Georgia, provided, that nothing contained in this Section shall be construed to permit the Com mittee to make a gift of any such personal property.

Section 40. (a) The Committee shall maintain and account for funds received by it for its purposes separately from the funds of the Georgia Building Authority.

(b) To the extent otherwise provided by law, the Georgia Building Authority may make its funds available to the Committee for the purposes of the Committee and shall be empowered to provide such other assistance to the Committee as the Committee and the authority shall deem appropriate.

(c) The Committee, as a division and arm of the Georgia Building Authority, shall hold the statutes of the Authority as a public body corporate and politic and an instrumentality of the State but neither the Committee or its members shall be amenable to any suit or action of any kind or nature arising out of the discharge of its powers and responsibilities under the Act. The Committee shall otherwise have and enjoy the sovereign immunity of the State."

Section 2. Severability. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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.

Section 3. Effective date. This Act shall become effective upon its approval by the Governor or Upon its becoming law without his approval.

TUESDAY, FEBRUARY 25, 1975

991

Section 4. Repealer. All laws and parts of law in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 33, 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 Banks Barker Barnes Bell Bond Brown of 47th Carter Dean of 6th Dean of 31st Duncan Eldridge Poster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative were Senators Doss and Stumbaugh.

Those not voting were Senators:

Brantley Broun of 46th, (excused-conferee)

Coverdell Pincher Holloway, (excused-conferee)

Hudgins Riley, (excused-conferee)

On the passage of the bill, the yeas were 47, nays 2.

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

SB 86. By Senator Kennedy of the 4th:
A bill to amend an Act establishing the State Employees' Retirement System, approved Feb. 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to authorize the board of trustees to increase the normal and accrued contribution percentage rate of certain departments.

992

JOURNAL OF THE SENATE,

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OP AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Lester, Chairman

House Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

DATE:

January 30, 1975

SUBJECT:

Fiscal Note--Senate Bill 86

This Bill would allow certain Department of Offender Rehabilita tion Employees, such as correctional officers to receive early retirement benefits equal to the same as those members of the uniform division of the Department of Public Safety. The Employees' Retirement System actuary determined that additional employer contributions should be increased from 8% to 15%% when this special provision was passed. In view of this you can readily see that the Department should pay an additional cost of 7%% of those salaries stipulated.

It is my understanding that there are approximately 997 members in this category and the estimated annual salary for this membership would be $9,864,000 which multiplied by the 7%% would equal to $739,800 additional employer contributions to be reported to the Retire ment System by the Department.
We call your attention to Section 3. of this Amendment which indicates that not only the special employees previously provided for would be eligible for special disability benefits, but any personnel employed by the Department of Corrections would be eligible for this benefit. We do not know what additional cost this Section would have over an above the normal 15%% rate and it is our feeling that should the Department desire all their employees be covered under this Section an acturial study should be made to determine this cost. In view of this, we cannot state that this bill would not affect the actuarial sound ness of the System. But it would in fact cause additional liability above the normal 15%% employer contributions as proposed.

Is/ James T. Mclnyre, State Planning and Budget Officer
I si Ernest B. Davis, State Auditor

TUESDAY, FEBRUARY 25, 1975

993

EMPLOYEES' RETIREMENT SYSTEM

January 28, 1975

MEMORANDUM TO: FROM: SUBJECT:

The Honorable James L. Lester, Chairman Senate Retirement Committee
Abe Domain, Director Employees' Retirement System
Fiscal Note--Senate Bill 86

This bill would amend the Retirement System law to the extent that the Department of Corrections and the Department of Offender Rehabilitiation would be authorized to establish an employer contribution rate not to exceed 15% for Correctional Officer I, Correctional Officer II, Correctional Sergeant, Canine Handler, Transfer Officer, Correction al Lieutenant, Correctional Captain, or Correctional Major as of June 30, 1975, in order to establish a mandatory retirement age of 55 as follows:

YEAR
1975 1976 1977 1978 1979 1980

Mandatory Retirement Age
60 or over 59 58 57 56 55

The monthly retirement benefit under the mandatory retirement pro visions will amount to 2% of the member's highest average compensa tion for each year of creditable service.

Provision is also made whereby those employees who were with the department on or before December 31, 1965, may remain employed for a sufficient length of time to provide him with 25 years of total creditable service, notwithstanding the fact that he may be above the mandatory retirement age prior to completing his 25 years of service.

This amendment also provides that in the event any of the abovereferred-to personnel becomes permanently disabled due to an injury in line of duty to the extent that he is mentally or physically incapacitated for further performance of duty, then his benefits will be based on a projection in age and service to the mandatory retirement age and he will be paid 2% of his highest average compensation for each year of service.

It is our understanding there are approximately 997 employees that would be affected by this legislation. The annual salary for these employees is approximately $9,864,000.00 at the present time, meaning

994

JOURNAL OP THE SENATE,

that the additional employer contributions would amount to approximate ly $739,800.00 annually.

There is one provision in this amendment (last paragraph of page 6) that would provide the disability provisions of this amendment to any personnel employed by the Department of Corrections who becomes permanently disabled through an injury sustained with an inmate. The additional employer contributions required under this amendment are applicable only with respect to Correctional Officers I, Correctional Officers II, Correctional Sergeants, Canine Handlers, Transfer Officers, Correctional Lieutenants, Correctional Captains, and Correctional Ma jors; and this additional liability would be borne by the Retirement System without any funding. We are not in position to determine the additional liability by reason of this provision and to secure the amount of such liability would necessitate an actuarial study.

Except for the inclusion of any personnel referred to in the last paragraph of page 6, we feel that the 15% employer contribution is sufficient to fund the bill, inasmuch as there are several other depart ment already covered by similar provisions and in each instance our actuary has advised that the 15% employer contribution is sufficient. With respect to the additional liability by reason of the inclusion of any personnel in the last paragraph of page 6, we cannot determine the effect on the soundness of the System until an actuarial study has been made relating to this provision.

/s/ Abe Domain Director

The Committee on Retirement offered the following substitute to SB 86:
A BILL
To be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to authorize the board of trustees to increase the normal and accrued contribution percentage rate of certain depart ments; to change the retirement requirements and benefits for certain personnel of the Department of Corrections and the Department of Offender Rehabilitation; to provide disability benefits for certain per sonnel of the Department of Corrections; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by striking in its entirety the paragraph at the end of subsection (4) of Section 8, which reads as follows:
"Any other provisions of law to the contrary notwithstanding,

TUESDAY, FEBRUARY 25, 1975

995

the board of trustees may increase the normal and accrued contri bution percentage rate of the Department of Public Safety, the Department of Natural Resources and the Department of Revenue to an amount not to exceed 15 percent of the earnable compensation of all contributing members. In the event any group of employees are transferred to the administration of any other department or agency, that department or agency shall continue to pay the normal and accrued contribution on behalf of such employees at the rate set by the board of trustees not to exceed 15 percent.",

and substituting in lieu thereof a new paragraph at the end of sub section (4) of Section 8, to read as follows:

"Any other provisions of law to the contrary notwithstanding, the board of trustees may increase the normal and accrued con tribution percentage rate of the Department of Public Safety, the Department of Natural Resources, the Department of Revenue, the Department of Corrections and the Department of Offender Rehabilitation to an amount not to exceed 15 percent of the earnable compensation of all contributing members. In the event any group of employees is transferred to the administration of any other department or agency, that department or agency shall continue to pay the normal and accrued contribution on behalf of such employees at the rate set by the board of trustees not to exceed 15 percent."

Section 2. Said Act is further amended by adding a new Section to be inserted between Sections 15A and 16, to be designated Section 15B, to read as follows:

"Section 15B. (a) Any other provisions of this Act to the contrary notwithstanding, every person who is in service in the Department of Offender Rehabilitation or the Department of Cor rections as a Correctional Officer I, Correctional Officer II, Cor rectional Sergeant, Canine Handler, Transfer Officer, Correctional Lieutenant, Correctional Captain, or Correctional Major on June 30, 1975, and every person who enters or reenters service in the Department of Offender Rehabilitation or the Department of Cor rections in any one of these positions on or after July 1, 1975, shall be covered by the provisions of this Section and deemed a member under this Section.

(b) Every member as set out in subsection (a) above shall retire upon attainment of the mandatory retirement age prescribed by this Section, and upon retirement he shall receive the regular retirement benefits under this Act, subject to a minimum monthly retirement benefit equal to two percent of his highest average compensation for each year of creditable service, by filing an application therefor in a manner similar to that provided in Section 5 of this Act.

(c) Any member subject to the provisions of this Section shall be retired on the last day of the month following the month in which he attains fifty-five (55) years of age; provided, however, that dur-

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ing the years 1975 through 1980, any member subject to the pro visions of this Section may be retired on the last day of the month following the month in which he attains the retirement age set forth below:

Year

Mandatory Retirement Age

nineteen hundred seventy-five ._.._-- .--__...._----.. sixty or over nineteen hundred seventy-six --_----,,___________----------_..__._--fifty-nine nineteen hundred seventy-seven ..._....._........._-fifty-eight nineteen hundred seventy-eight --__------_------_-.--_------..fifty-seven nineteen hundred seventy-nine ------ ...-------.____ fifty-six nineteen hundred eighty --_.----._----__.._.._.--___-____----..fifty-five

Any member sixty (60) years of age or over on the effective date of this Amendment to this Act shall be retired on July 31, 1975. During the period 1976-1980, any member who has attained any mandatory retirement age specified in this subsection by January 1 of any year .during such period shall be retired on January 31 of such year. The above mandatory retirement ages may be waived for any of the employees of the Department of Corrections covered by this Section by the Board of Corrections and any of the em ployees of the Department of Offender Rehabilitation covered by this Section by the Board of Offender Rehabilitation as necessary to permit any such member who entered service in either Department, or its predecessor, to complete service sufficient to provide him with twenty-five (25) years of total creditable service. Such a member shall be retired on the last day of the month following the month in which he completes such service.
(d) For the purpose of this Section, the term 'highest average compensation' means the member's highest average monthly earnable compensation during a period of eight consecutive calendar quarters while a member of the system, but not to include any decrease in salary that is in excess of two 5 percent decreases during such eight calendar quarters."
Section 3. Said Act is further amended by adding at the end of paragraph (b) of subsection (3) of Section 5 the words:
"Provided, further, that the special provisions of this paragraph applicable to members of the Uniform Division of the Department of Public Safety and officers or agents of the Georgia Bureau of Investigation shall also be applicable to any personnel employed by the Department of Corrections who becomes permanently disabled due to injury sustained during or by reason of the custody, control, maintenance, escape, pursuit, unrest or confrontation with any inmate or inmates in the State prison system.",
so that when so amended, paragraph (b) of subsection (3) of Section 5 shall read as follows:
"(b) Any member in service may be retired by the board of

TUESDAY, FEBRUARY 25, 1975

997

trustees on a disability allowance upon written application to the board of trustees made by such member or his employer, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof: Provided, such member has 15 or more years of creditable service and provided the medical board, after a medical examination of such member, shall certify that he is mentally or physically incapacitated for further performance of duty in the position he occupied at the time the disability originated, and that such incapacity is likely to be permanent and that he should be retired.

Provided, however, that any member of the Uniform Division of the Department of Public Safety and any officer or agent of the Georgia Bureau of Investigation, who as a contributing member of this system and who, upon becoming permanently disabled due to an act of external violence or injury incurred in the line of duty, becomes eligible for disability retirement allowances, shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option and such monthly allowance as shall be payable to the member only, during his life or length of disability, shall not exceed 80 percent of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his permanent dis ability occurred: Provided, further, such permanent disability retire ment shall apply regardless of the length of service of any such member, and, further, such member shall be deemed to have acquired 30 or more years of creditable service. In addition, a mem ber so disabled in the line of duty shall receive a monthly supple mental benefit which shall be in the amount of five ($5.00) dollars per month for each year of creditable service as a member of the Uniform Division of the Department of Public Safety or as an officer or agent of the Georgia Bureau of Investigation. Such addi tional monthly supplemental benefit shall in no event exceed $150.00 per month.

In lieu of the foregoing, any member so disabled in the line of duty shall be entitled to receive a minimum monthly disability bene fit equal to two percent of his monthly earnable compensation for the month in which his permanent disability occurred for each year of creditable service determined as though he had continued in service in the Uniform Division of the Department of Public Safety or as an officer or agent of the Georgia Bureau of Investigation until his mandatory retirement age.

Provided, further, that the special provisions of this paragraph (b) applicable to members of the Uniform Division of the Depart ment of Public Safety and officers or agents of the Georgia Bureau of Investigation shall also be applicable to any person who is a Correctional Officer I, Correctional Officer II, Correctional Ser geant, Canine Handler, Transfer Officer, Correctional Lieutenant,

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Correctional Captain, or Correctional Major employed by the De partment of Corrections who becomes permanently disabled due to injury sustained during or by reason of the custody, control, mainte nance, escape, pursuit, unrest or confrontation with any inmate or inmates in the State prison system."

Section 4. This Act shall become effective whenever the General Assembly appropriates the necessary funds for its implementation.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 35, nays 0, 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 affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Howard Hudson Kennedy Kidd Langf ord Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Robinson Russell Starr Stumbaugh Summers Sutton Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators: Brantley, Shapard, Thompson.

Those not voting were Senators:

Broun of 46th (excused-conferee) Hill Holley

Holloway (excused-conferee) Hudgins (excused-conferee)

Riley (excused-conferee) Stephens Tate

On the passage of the bill, the yeas were 45, nays 3.

TUESDAY, FEBRUARY 25, 1975

999

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

Senator Kennedy of the 4th moved that SB 86 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB was immediately transmitted to the House.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House, to-wit:

HB 169. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A bill to amend an Act making and providing appropriations for the fiscal year beginning July 1, 1974 and ending June 30, 1975; known as the "General Appropriations Act", approved April 2, 1974, so as to change the appropriations of certain agencies of the State for the re mainder of the fiscal year ending June 30, 1975.

The Speaker has appointed on the part of the House the following members thereof:

Representatives Collins of the 144th, Vaughn of the 57th and Harris of the 8th.
The following bill of the House was taken up for the purpose of considering House action thereto:

HB 169. By Reps. Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A bill to amend an Act making and providing appropriations for the fiscal year beginning July 1, 1974 and ending June 30, 1975; known as the "General Appropriations Act", approved April 2, 1974 (Ga. Laws 1974, p. 1508), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1975.

Senator Doss of the 52nd moved that the Senate adhere to the substitute of the Senate to HB 169 and that a Conference Committee be appointed.

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On the motion, the yeas were 39, nays 0; the motion prevailed, and the sub stitute of the Senate to HB 169 was adhered to.

Senator Sutton of the 9th moved that the Senate adopt the following in structions to the members of the Conference Committee on HB 169:

The Senate instructs the Senate conferees of the Committee of Conference on HB 169 not to recede from the Senate amendment which added $300,000 for the continuation of the Georgia Agrirama Development Authority.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the instructions to the members of the Conference Committee on HB 169 were adopted.

The President appointed as a Committee of Conference on the part of the Senate the following: Senators Broun of the 46th, Holloway of the 12th and Riley of the 1st.

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

SB 163. By Senators Coverdell of the 40th and Lester of the 23rd:
A bill to require the Department of Offender Rehabilitation to head a special task force to prepare and submit to the Governor, the State Crime Commission, and each member of the General Assembly a written report regarding services necessary for the education, training, re habilitation and care of mentally retarded offenders.

The Committee on Offender Rehabilitation offered the following substitute to SB 163:
A BILL
To be entitled an Act to require the Department of Offender Re habilitation to head a special task force to prepare and submit to the Governor, the State Crime Commission, and each member of the General Assembly a written report regarding services necessary for the educa tion, training, rehabilitation and care of mentally retarded offenders; to require various State agencies, departments, divisions and organiza tions to participate actively in such task force; to amend an Act known as the "Georgia Peace Officers Standards and Training Act", approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, by an Act ap proved April 3, 1972 (Ga. Laws 1972, p. 866) and an Act approved April 13, 1973 (Ga. Laws 1973, p. 539), so as to require candidates for the position of peace officer to have successfully completed a basic course in mental retardation and law enforcement prior to certification by the Georgia Peace Officers Standards and Training Council; to mandate certain pilot projects in the field of mental retardation to gather data

TUESDAY, FEBRUARY 25, 1975

1001

to be utilized by the task force in preparing its written report; to define certain terms; to provide staffing sufficient to accomplish the directions of this Act; to specify a short title; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Short Title. This Act shall be known and may be cited as the Mentally Retarded Offender Act of 1975.

Section 2. Definitions. As used in this Act, unless the context otherwise requires, the following terms shall have the meanings ascribed to them as follows:

(a) "Mental retardation" shall mean a state of substantially subaverage intellectual functioning as defined by the American Associa tion of Mental Deficiency.

(b) "Offender" shall mean an individual who has been convicted of conduct which constitutes a crime within the meaning of Section 26-201 of the Criminal Code of Georgia, and who, as a result of such conviction, is within the authority, jurisdiction, or responsibility of a court having jurisdiction to try individuals accused of conduct which constitutes a crime within the meaning of Section 26-201 of the Criminal Code of Georgia, the State Board of Corrections, or the Youth Services Section of the Department of Human Resources, but only so long as such individual is within the authority, jurisdiction, or responsibility of one or more of such entities as a result of such conviction.

(c) "Mentally retarded offender" shall mean an offender who, sub sequent to conviction, is found to be suffering from mental retardation by a court having jurisdiction to try individuals accused of conduct which constitutes a crime within the meaning of Section 26-201 of the Criminal Code of Georgia, by the State Board of Corrections, or by the Youth Services Section of the Department of Human Resources.

Section 3. Task Force to Develop State Plan, (a) The Department of Offender Rehabilitation shall head a Task Force consisting of one representative from each of the following agencies, departments or divisions:
(1) Department of Offender Rehabilitation,
(2) Division of Vocational Rehabilitation of the Department of Human Resources,
(3) Developmental Disabilities Section of the Department of Human Resources,
(4) Division of Mental Health of the Department of Human Resources,
(5) Youth Services Section of the Department of Human Re sources,

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(6) State Board of Corrections, (7) Peace Officers Standard and Training Council, (8) State Crime Commission, and (9) Judicial Council of Georgia.

Each of such agencies, departments, or divisions shall designate one of its personnel as its representative on the Task Force.

(b) The Task Force created by this statute shall first meet on or before July 1, 1975, and shall, on or before December 31, 1976, furnish to the Governor, the State Crime Commission (for use in its role of planning and implementation), and each member of the incoming General Assembly a written report outlining in detail a five-year program for providing to mentally retarded offenders all the services deemed rea sonably necessary by the Task Force to educate, train, rehabilitate and care foi them. The written report shall also contain comments or dissenting views which any representative on the Task Force submits in writing to the Department of Offender Rehabilitation with a request in writing that they be included in such written report.

(c) In particular, the written report outlining and detailing the five-year program shall include but not be limited to the following:

(1) An estimate of the number of offenders who are suffering from mental retardation on January 1, 1976, and projections of the number of such offenders on January 1 in 1977, 1978, 1979, 1980 and 1981;

(2) A description of the specific services, including, but not limited to, diagnosis, evaluation, education, training, work adjust ment, and vocational rehabilitation deemed reasonably necessary by the Task Force for offenders who are suffering from mental retarda
tion;

(3) A description of physical facilities available for use in pro viding such specific services;

(4) A description of additional physical facilities, if any, which must be made available for use in providing such specific services, including any new facilities which may need to be constructed;

(5) A description of training programs necessary for staff, both professional and nonprofessional who will participate in rendering the proposed specific services for such offenders;

(6) A description of the process for determining what specific services are appropriate for any particular such offender, including an opportunity, where appropriate, for notice and a hearing;

TUESDAY, FEBRUARY 25, 1975

1003

(7) A description of specific work release, parole, probation, or similar programs for such offenders;

(8) A program for in-service training of peace officers who have not completed a basic course of instruction in mental retarda tion and the law enforcement problems arising from mental retarda tion;

(9) Detailed budget projections for providing all such specific services to such offenders; and

(10) A description of procedures for setting program and serv ice standards and evaluating the quality and effectiveness of such specific services.

(d) The Department of Offender Rehabilitation shall secure suffi cient clinically certified, professional persons to assure completion of such written report on or before December 31, 1976.

(e) In preparing the written report, the Task Force shall review and comment on the operation of each pilot project described in Section 4 hereof.

Section 4. Pilot Projects, (a) On or before July 1, 1975, the Division of Mental Health of the Department of Human Resources shall set up and operate on the grounds of Central Georgia Human Resources Center a pilot pre-sentence evaluation facility, which shall continue to be operated until June 30, 1976.

(1) No offender shall be referred to such pre-sentence evalua tion facility for evaluation of offenders except by order of a court having jurisdiction to try individuals accused of conduct which constitutes a crime within the meaning of Section 26-201 of the Criminal Code of Georgia. The court shall order such a pre-sentence evaluation only where it has reasonable cause to believe the of fender is suffering from mental retardation.

(2) The pre-sentence evaluation shall include whatever physical or mental examinations deemed necessary by the Division of Mental Health to determine whether the offender is suffering from mental retardation and also to determine what forms of rehabilitation would be best suited to the offender. The Division of Vocational Rehabilitation of the Department of Human Resources shall co operate in vocational evaluation at the request of the Division of Mental Health.

(3) Within fourteen days after beginning the examination of the offender, the director of the pre-sentence evaluation facility shall present to the court which referred the offender a written report containing its findings as to whether the offender is suffering from mental retardation and as to the form of rehabilitation best suited to the offender, including recommendations of specific

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existing programs where appropriate. The court, in its discretion, may accept or reject the recommendations contained in such report and may challenge the report's findings through other expert evaluations.

(4) The director of the pilot pre-sentence evaluation facility shall have the authority to refuse to accept an offender referred by a court if the pre-sentence evaluation facility does not have the capacity to handle additional offenders at that time. The director shall promptly notify the referring court of such decision.

(b) On or before July 1, 1975, the Division of Vocational Rehabilita tion of the Department of Human Resources shall set up and operate on the grounds of the Georgia Industrial Institute at Alto, Georgia, a pilot vocational and work adjustment training workshop which shall continue to be operated until June 30, 1976.

(1) Such vocational and work adjustment training workshop shall be used exclusively for treatment of mentally retarded of fenders referred to such facility by the State Board of Corrections.

(2) The workshop shall have the capacity to serve a maximum of 50 offenders at any one time.

(3) The State Board of Corrections shall refer offenders to the vocational and work adjustment training workshop only after determining that such offender is suffering from mental retardation.

(c) On or before July 1, 1975, the Department of Human Resources shall set up and operate on the grounds of the Georgia Mental Health Institute a pilot special correctional treatment unit which shall continue to be operated until June 30,1976.

(1) The special correctional treatment unit shall be used ex clusively for treatment of mentally retarded offenders referred to such unit by the State Board of Corrections.

(2) The special correctional Treatment unit is to provide serv ices to mentally retarded offenders who also suffer from additional emotional or physical disabilities requiring specialized treatment prior to or as a part of further rehabilitation. The unit shall have the capacity to serve a maximum of 35 offenders at any one time.

(3) The State Board of Corrections shall refer offenders to the special correctional treatment unit only after determining that such offender is suffering from mental retardation.

(d) In setting up and operating such pilot projects, the agencies, departments and divisions involved shall take all reasonable measures necessary to prevent the escape of any offender.

TUESDAY, FEBRUARY 25, 1975

1005

(e) No mentally retarded offender shall be eligible for or assigned to any of the pilot projects under this Section 4 if the mentally retarded offender has been convicted of an offense which may be punishable by death.

Section 5. Peace Officer Training. An Act known as the "Georgia Peace Officers Standards and Training Act", approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, by an Act approved April 3, 1972 (Ga. Laws 1972, p. 866), and an Act approved April 13, 1973 (Ga. Laws 1973, p. 539), is hereby amended by adding to Section 10 thereof a new subsection (b) to read as follows:

"(b) The Council shall develop or supervise the development of teaching materials on mental retardation and law enforcement problems arising from mental retardation. No candidate shall be certified after July 1, 1977, unless he has satisfactorily completed a basic course of at least four hours of instruction in mental retardation and the law enforcement problems arising from mental retardation."
Section 6. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Shapard of the 28th offered the following amendment:
Amend the Committee substitute to SB 163 by inserting on Page 7, line 31 after the word "offender":
"Provided, however, no mentally retarded offender convicted of a violent crime against a person or persons shall be eligible for the Georgia Mental Health Institute pilot special correctional treatment unit."

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 34, nays 0, 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 Banks Barker

Barnes Bell Bond

Brantley Brown of 47th Carter

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Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hill Howard Hudgins

Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson Russell

Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th (excused-conferee) Hamilton of 34th

Holley Holloway ' (excused-conferee)

Riley (excused-conferee) Stephens

On the passage of the bill, the yeas were 50, nays 0.

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

Senator Lester of the 23rd moved that SB 163 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 163 was immediately transmitted to the House.

SB 237. By Senators Lester of the 23rd and Overby of the 49th:
A bill to amend Code Section 59-705, relating to the challenge of jurors for favor, as amended, so as to provide for voir dire examinations and the practice and procedure connected therewith; to provide for other matters relative to the foregoing.

The Committee on Judiciary offered the following amendment:
Amend SB 237 by striking on Page 2, from lines 20 and 27, the following:
"in the aggregate",
and

TUESDAY, FEBRUARY 25, 1975

1007

By striking on Page 2, from lines 21 and 28, the following:

and By inserting in lieu thereof the following: "and".

On the adoption of the amendment, the yeas were 31, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Barnes.

Those not voting were Senators:

Broun of 46th (excused-conferee)
Carter Hill

Holley Holloway (excused-conferee) Hudgins

Riley (excused-conferee) Timmons

On the passage of the bill, the yeas were 47, nays 1.

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JOURNAL OF THE SENATE,

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

Senator Lester of the 23rd moved that SB 237 be immediately transmitted to the House.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 237 was immediately transmitted to the House.

The following general bill of the Senate postponed on February 13 to February 18, and postponed on February 18 to February 25, was read the third time and put upon its passage:

SB 126. By Senators Duncan of the 30th, Riley of the 1st, Broun of the 46th and others:
A bill to amend Code Section 57-116, relating to the legal rate of interest on loans repayable in monthly, quarterly or yearly installments, as amended by an Act approved March 31, 1937 (Ga. Laws 1937, p. 463), so as to change the legal rate of interest on such loans; to authorize lenders to charge a service fee on such loans in addition to interest.

Senator Warren of the 43rd offered the following amendment:
Amend SB 126 by deleting on Page 1, lines 5 through 8:
"to authorize lenders to charge a service fee on such loans in addition to interest."
and
deleting on Page 2, lines 3 through 7:
"A lender may charge a service fee of $15.00 in addition to interest on any loan re-payable in monthly, quarterly or yearly installments, provided a service fee has not been charged on the same loan during the preceding three months."

On the adoption of the amendment, the yeas 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:

TUESDAY, FEBRUARY 25, 1975

1009

Those voting in the affirmative were Senators:

Banks Bell Bond Brantley Brown of 47th Carter Coverdell Doss Duncan Fincher Foster Garrard

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudson Kennedy Kidd Langford Lester McDowell Overby

Pearce Reynolds Russell Starr Stumbaugh Summers Timmons Turner Tysinger Warren Young

Those voting in the negative were Senators:

Ballard Barker Barnes Dean of 6th Dean of 31st Eldridge

Gillis Lewis McDuffie McGill Robinson Shapard

Stephens Sutton Tate Thompson Traylor

Those not voting were Senators:

Broun of 46th (excused-conferee)

Holloway (excused-conferee)

Hudgins Riley (excused-conferee)

On the passage of the bill, the yeas were 35, nays 17.

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

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

SB 240. By Senators Dean 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.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster
Garrard Gillis Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill

Overby Pearce Reynolds Robinson Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Tysinger Warren Young

Those not voting were Senators:

Broun of 46th (excused-conferee) Hamilton of 26th

Holloway (excused-conferee) McDowell Riley (excused-conferee)

Russell Sutton Turner

On the passage of the bill, the yeas were 48, nays 0.

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

Senator Dean of the 31st moved that SB 240 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 240 was immediately transmitted to the House.

SB 268. By Senators Garrard of the 37th, Hamilton of the 26th, Kidd of the 25th and others:
A bill to amend Code Chapter 84-10, relating to the practice of nursing, as amended by an Act approved Jan. 31, 1946 (Ga. Laws 1946, p. 89), by striking said Code Chapter in its entirety and substituting in lieu thereof a new Code Chapter 84-10, so as to comprehensively revise the law regulating the practice of nursing.

TUESDAY, FEBRUARY 25, 1975

1011

Senator Garrard of the 37th offered the following amendment:

Amend SB 268 by inserting, following the word "amended" on line 12 of Page 3, the following:

"or podiatrist licensed under Code Chapter 84-6, as now or hereafter amended,"

and by inserting, following the word "dentist" on line 22 of Page 3, the following:

"or podiatrist"

and by inserting, following the word "dentist" on line 13 of Page 15, the following:

", licensed podiatrist,".

On the adoption of the amendment, the yeas were 41, nays 0, and the amend ment was adopted.

Senator Hudson of the 35th moved that SB 268 be committed to the Com mittee on Human Resources.

On the motion, the yeas were 8, nays 35; the motion was lost, and SB 268 was not committed to the Committee on Human Resources.

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:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce Reynolds Robinson Shapard Starr

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Stephens Stumbaugh Summers Sutton

JOURNAL OF THE SENATE,

Tate Thompson Timmons Traylor

Turner Tysinger Warren Young

Voting in the negative was Senator Ballard.

Those not voting were Senators:

Holloway (excused-conferee)

McGill Riley (excused-conferee)

Russell

On the passage of the bill, the yeas were 51, nays 1.

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

Senator Garrard of the 37th moved that SB 268 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 268 was immediately transmitted to the House.

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

SR 127. By Senators Riley of the 1st, Holloway of the 12th, Starr of the 44th and others:
A resolution creating the Georgia Tax Revision Study Commission. Referred to the Committee on Rules.

Senator Starr of the 44th moved that the Senate do now adjourn until 11:00 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 11:00 o'clock A. M. tomorrow at 12:50 o'clock P. M.

WEDNESDAY, FEBRUARY 26, 1975

1013

Senate Chamber, Atlanta, Georgia Wednesday, February 26,1975

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

Senator Young of the 13th reported that the journal of yesterday's 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 366. By Representatives Irvin of the 23rd, Carnes, Horton and Greer of the 43rd and others:
A bill to de-annex a certain parcel of land for the City of Alpharetta, such parcel having been annexed by Ordinance of said City on May 28, 1973, under the authority of the Act providing for annexation by petition, approved March 10,1966 (Ga. Laws 1966, p. 409).

HB 848. By Representatives Stone and Harris of the 138th:
A bill to amend an Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. Laws 1958, p. 3288), as amended, so as to change the provisions relative to the auditing of the books and accounts of the county school superintendent.

HB 873. By Representative Fraser of the 139th:
A bill to amend an Act creating the office of Tax Commissioner of Liberty County, approved February 16, 1955, as amended, so as to change the compensation of the Tax Commissioner and the full-time Deputy Tax Commissioner.

HB 874. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, approved March 25, 1958, as amended, so as to define the corporate limits.

1014

JOURNAL OF THE SENATE,

HB 877. By Representative Irvin of the 10th:
A bill to amend an Act creating a board of commissioners of Stephens County, approved March 22, 1937, as amended, so as to change the pro visions relative to said board of commissioners; to provide other matters relative thereto.

HB 41. By Representative Rush of the 121st:
A bill to amend an Act known as the "Georgia Boat Safety Act", so as to prohibit selling or offering to sell within this State any personal flotation device unless such device is U.S. Coast Guard approved.

HB 44. By Representative Oxford of the 116th:
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.

HB 224. By Representatives Hudson of the 137th, Harden of the 154th, Smith of the 78th and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to provide the basis for the allotment of funds for the payment of sick and personal leave expenses of school bus drivers.

HB 254. By Representatives Snow of the 1st, Walker of the 115th and others:
A bill to regulate the manner in which the judges of multi-judge circuits of the superior courts shall dispose of the business of their court; to provide for the selection and terms of an administrative judge for each multi-judge judicial circuit within the State.

HB 449. By Representatives Buck of the 95th, Ware of the 68th and others: A bill to be known as the "Georgia Title Insurance Act".

HB 617. By Representative Murphy of the 18th:
A bill to amend Code Section 92-1417, relating to the procedures for the collection of delinquent taxes on motor fuel, so as to provide that under certain circumstances the sale of motor fuel to an ultimate consumer who has both highway and nonhighway uses of such fuel shall not be subject to the motor fuel tax.

HB 694. By Representatives Carlisle of the 71st, Lambert of the 112th and others:
A bill to amend an Act authorizing the Director of the Department of Corrections to allow inmates of State penal institutions to take special leave for the purpose of participation in special community or other

WEDNESDAY, FEBRUARY 26, 1975

1016

meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public.

HB 695. By Representatives Colwell of the 4th, Taggart of the 125th and others:
A bill to amend an Act entitled the "Youthful Offender Act," approved March 28, 1972 so as to redefine "conviction"; to clarify certain pro visions of that Act; to clarify procedures to be taken in determining how to treat the "youthful offender"; to clarify the manner in which eligi bility for parole is to be computed for a sentence imposed under this Act.

HB 194. By Representatives Howell of the 140th, McDonald of the 12th, Tolbert of the 56th and others:
A bill to amend Code Section 34-1307, relating to campaign activities within two hundred fifty feet of the polling place, so as to prohibit cam paign activity by all persons.

HB 183. By Representatives Howard and Cooper of the 19th, Nix and Edwards of the 20th and others:
A bill to amend Code Chapter 26-25, relating to obstruction of law enforcement so as to create the crime of bail jumping.

HB 614. By Representatives Howell of the 140th, Greer of the 43rd, Bray of the 70th and others:
A bill to amend Code Chapter 34A-7 relating to the dates for municipal primaries and elections so as to provide for the procedures for holding municipal primaries and elections at the time of the general primary and election.

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

SB 13. By Senators Coverdell of the 40th and Howard of the 42nd:
A bill to be entitled an Act to amend Code Chapter 34-10 of the "Georgia Election Code", relating to the nomination of candidates, as amended, so as to prohibit any person from qualifying with more than one political party during the same calendar year.

The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:
HR 205. By Representatives Logan of the 62nd and Russell of the 64th: A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a Downtown Athens Development Au thority.

1016

JOURNAL OF THE SENATE,

HR 208. By Representatives Knight of the 67th, Ware of the 68th and others:
A resolution proposing an amendment to the Constitution so as to en courage and enhance overall economic development, increase employ ment, promote industry and commerce, provide incentives by authorizing the governing authority of Coweta County or any municipal corporation within Coweta County to provide for the exemption from all ad valorem taxation.

HR 77. By Representative Adams of the 14th:
A resolution proposing an amendment to the Constitution so as to pro vide for a program of indemnification with respect to the death of any law enforcement officer killed in the line of duty.

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

HB 228. By Representatives Snow and Hays of the 1st:.
A bill to amend an Act creating the office of Commissioner of Dade County so as to change the provisions relating to the expenses of the Commissioner.

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

HB 31. By Representatives Burruss of the 21st, Shanahan of the 7th and Ross of the 76th:
A bill to create the Georgia Municipal Electric Authority as an institu tion of purely public charity performing an essential governmental func tion; to authorize the Authority, as sole owner or in common with others, to acquire, construct, improve, equip, alter, repair, operate and maintain public projects embracing generation and transmission of electric power and energy.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 8. By Senators Starr of the 44th and Carter of the 14th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974, so as to change the pro visions relative to the age of children for beginning school.

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

WEDNESDAY, FEBRUARY 26, 1975

1017

SB 339. By Senator Langford of the 51st:
A bill to amend Code Chapter 29-4, relating to recording of deeds, as amended, so as to require the address of the grantee to be entered on the reverse of a warranty deed before it may be recorded. Referred to Committee on Judiciary.

SB 340. By Senator Lewis of the 21st:
A bill to amend Code Chapter 24-31, relating to stenographers and re porters of superior and city courts, as amended, so as to change the pro visions relating to compensation in civil cases. Referred to Committee on Judiciary.

SB 341. By Senator Traylor of the 3rd:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change the provisions relative to considering the financial ability of local units of administration to furnish capital outlay funds from existing unused bonding capacity. Referred to Committee on Education.

SB 342. By Senators Howard of the 42nd and Langford of the 51st:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws of this State relative to game and fish, as amended, so as to change certain provisions applicable to the con fiscation of commercial fishing boats. Referred to Committee on Natural Resources and Environmental Quality.

SB 343. By Senator Lewis of the 21st:
A bill to amend Code Section 23-1602, relating to when claims against counties must be presented, as amended, so as to change certain limita tions with regard to claims for refund of county taxes due to overpay ment; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 344. By Senator McDuffie of the 19th:
A bill to amend an Act creating the Office of Commissioner of Bleckley County, as amended, so as to change certain provisions relating to the expenses of the commissioner; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 345. By Senators Kidd of the 25th and Lester of the 23rd:
A bill to amend Chapter 88-5 of the Code of Georgia, relating to hospitalization of the mentally ill, so as to provide for hearings for persons

1018

JOURNAL OF THE SENATE,

who are involuntarily committed to State facilities because of mental illness; to provide for the payment of the expenses of such hearings.
Referred to Committee on Human Resources.

SR 119. By Senators Russell of the 10th, Timmons of the llth and Turner of the 8th:
A resolution creating the Senate Agricultural Research Study Committee. Referred to Committee on Rules.

SR 120. By Senators Lewis of the 21st, Overby of the 49th, Reynolds of the 48th and others:
A resolution urging the Supreme Court of the United States of America to rule upon the constitutionality of Georgia's capital punishment laws. Referred to Committee on Rules.

SR 121. By Senators Ballard of the 45th, Reynolds of the 48th, Brown of the 47th and others:
A resolution relative to the proposed increase in the tax on motor fuels by the federal government. Referred to Committee on Rules.

SR 122. By Senator Pearce of the 16th: A resolution creating the Public Employee Collective Bargaining Study Committee.
Referred to Committee on Rules.
SR 123. By Senators Tysinger of the 41st and Brown of the 47th: A resolution creating the Power Plant Siting Study Committee.
Referred to Committee on Rules.
SR 124. By Senator Tysinger of the 41st: A resolution creating the Driver Education Study Committee.
Referred to Committee on Rules.
SR 126. By Senator Kidd of the 25th: A resolution requesting the Governor to take certain action with respect to application of a Share-The-Work Program.
Referred to Committee on Rules.
SR 128. By Senator Fincher of the 54th: A resolution creating the Health Maintenance Organization Study Com mittee.
Referred to Committee on Rules.

WEDNESDAY, FEBRUARY 26, 1975

1019

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

HB 366. By Mr. Irvin of the 23rd:
A bill to de-annex a certain parcel of land from the City of Alpharetta. Referred to Committee on County and Urban Affairs.

HB 848. By Representative Stone of the 138th:
A bill to amend an Act creating the Board of Commissioners of Jeff Davis County so as to change the provisions relative to the auditing of the books and accounts of the county school superintendent. Referred to Committee on County and Urban Affairs.

HB 873. By Representative Fraser of the 139th:
A bill to amend an Act creating the office of Tax Commissioner of Liberty County so as to change the compensation of the Tax Commis sioner and the full-time Deputy Tax Commissioner. Referred to Committee on County and Urban Affairs.

HB 874. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, approved March 25, 1958, so as to define the corporate limits. Referred to Committee on County and Urban Affairs.
HB 877. By Representative Irvin of the 10th:
A bill to amend an Act creating a board of commissioners of Stephens County, approved March 22, 1937, so as to change the provisions relative to said board of commissioners. Referred to Committee on County and Urban Affairs.

HB 41. By Mr. Rush of the 121st:
A bill to amend an Act known as the "Georgia Boat Safety Act", so as to prohibit selling or offering to sell within this State any personal flotation device unless such device is U. S. Coast Guard approved. Referred to Committee on Natural Resources and Environmental Quality.

HB 44. By Mr. Oxford of the 116th:
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. Referred to Committee on County and Urban Affairs.

1020

JOURNAL OF THE SENATE,

HB 183. By Messrs. Howard and Cooper of the 19th, Nix of the 20th and others:
A bill to amend Code Chapter 26-25, relating to obstruction of law en forcement so as to create the crime of bail jumping. Referred to Committee on Judiciary.

HB 194. By Messrs. Howell of the 140th, McDonald of the 12th, Tolbert of the 56th and others:
A bill to amend Code Section 34-1307, relating to campaign activities within two hundred fifty feet (250) of the polling place, so as to prohibit campaign activity by all persons, including candidates.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 224. By Messrs. Hudson of the 137th, Harden of the 154th, Smith of the 78th and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to provide the basis for the allotment of funds for the payment of sick and personal leave expenses of school bus drivers.
Referred to Committee on Education.

HB 254. By Messrs. Snow of the 1st, Walker of the 115th, Karrh of the 106th, and others:
A bill to regulate the manner in which the judges of multi-judge circuits of the superior courts shall dispose of the business of their court; to provide for the selection and terms of an administrative judge for each multi-judge judicial circuit within the State. Referred to Committee on Judiciary.

HB 449. By Messrs. Buck of the 95th, Ware of the 68th, Castleberry of the lllth and Wood of the 9th:
A bill to be known as the "Georgia Title Insurance Act". Referred to Committee on Banking, Finance and Insurance.

HB 614. By Representatives Howell of the 140th, Greer of the 43rd, Bray of the 70th and others:
A bill to amend Code Chapter 34A-7 relating to the dates for municipal primaries and elections so as to provide for the procedures for holding municipal primaries and elections at the time of the general primary and election. Referred to Committee on Economy, Reorganization and Efficiency in Government.

WEDNESDAY, FEBRUARY 26, 1975

1021

HB 617. By Representative Murphy of the 18th:
A bill to amend Code Section 92-1417, relating to the procedures for the collection of delinquent taxes on motor fuel, so as to provide that under certain circumstances the sale of motor fuel to an ultimate consumer who has both highway and nonhighway uses of such fuel shall not be subject to the motor fuel tax.
Referred to Committee on Judiciary.

HB 694. By Representatives Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and Taggart of the 125th:
A bill to amend an Act authorizing the Director of the Department of Corrections to allow inmates of State penal institutions to take special leave for the purpose of participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public.
Referred to Committee an Offender Rehabilitation.

HB 695. By Representatives Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and Taggart of the 125th:
A bill to amend an Act entitled the "Youthful Offender Act," approved March 28, 1972 so as to redefine "conviction"; to clarify certain pro visions of that Act relating to the sentencing of defendants under the Act and to delete others; to clarify the initial procedures to be taken in determining how to treat the "youthful offender"; to clarify the manner in which eligibility for parole is to be computed for a sentence imposed under this Act.
Referred to Committee on Offender Rehabilitation.

HR 77. By Mr. Adams of the 14th:
A resolution proposing an amendment to the Constitution so as to pro vide for a program of indemnification with respect to the death of any law enforcement officer killed in the line of duty. Referred to Committee on Judiciary.

HR 205. By Representatives Logan of the 62nd, and Russell of the 64th:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a Downtown Athens Development Au thority. Referred to Committee on County and Urban Affairs.

HR 208. By Representatives Knight of the 67th, Ware of the 68th, Carlisle and Mostiler of the 71st:
A resolution proposing an amendment to the Constitution so as to en courage and enhance overall economic development, increase employ ment, promote industry and commerce, provide incentives for the loca-

1022

JOURNAL OP THE SENATE,

tion of new (or the expansion of existing) manufacturing, processing, storage or transshipment facilities by authorizing the governing author ity of Coweta County or any municipal corporation within Coweta County to provide for the exemption from all ad valorem taxation.

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 Agri culture, 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 145. Do pass.
Respectfully submitted, McGill of 24th 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 bills and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :
SB 173. Do pass. SB 332. Do pass.
SB 333. Do pass. SB 335. Do pass. SR 116. Do pass.
Respectfully submitted, Hudgins of 15th District, Chairman.

WEDNESDAY, FEBRUARY 26, 1975

1023

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 35. Do pass by substitute.
SB 175. Do pass.
SB 318. Do pass.
HB 69. Do pass.
HB 193. Do pass.
HB 197. Do pass.
HB 198. Do pass.
HB 243. Do pass.
HB 382. Do pass.
HR 73. Do pass.

Respectfully submitted, Kidd of 25th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources 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 182. Do pass by substitute. SB 188. Do pass by substitute. SB 203. Do pass as amended. SB 305. Do pass. HB 27. Do pass. HB 250. Do pass.

1024

JOURNAL OF THE SENATE,

HB 297. Do pass. HB 665. Do pass as amended.

Respectfully submitted, Fincher of 54th District, Chairman.

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 15. Do pass by substitute.
Respectfully submitted, Ballard of 45th District, Chairman.

Senator Overby of the 49th 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 133. Do pass as amended.
HB 62. Do pass.
HB 295. Do pass.
Respectfully submitted, Overby of 49th District Chairman.

Senator Gillis of the 20th 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 House and has

WEDNESDAY, FEBRUARY 26, 1975

1025

instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 239. Do pass.
SB 281. Do pass.
SB 308. Do pass.
HB 174. Do pass by substitute.
Respectfully submitted, Gillis of 20th District, Chairman.
*
Senator Kennedy of the 4th District, Chairman of the Committee on Offender Rahabilitation, submitted the following report:

Mr. President:

Your Committee on Offender Rehabilitation has had under consideration the following bills and 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 313. Do not pass.
HB 166. Do pass.
HB 696. Do pass.
HB 697. Do pass.
Respectfully submitted, Kennedy of 4th District, Chairman.

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

Mr. President:
Your Committee on Transportation 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 166. Do pass by substitute.
SB 292. Do pass. HB 245. Do pass. HB 353. Do pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

1026

JOURNAL OF THE SENATE,

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

SB 199. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend Code Section 74-9902, relating to abandonment of minor children, as amended, so as to provide that the mother of an illegitimate child or children, in the prosecution of the accused father of such illegitimate child or children, shall not be prohibited from testifying as to her adultery with the said accused father under certain condi tions.

SB 248. By Senators Warren of the 43rd, Stumbaugh of the 55th and Starr of the 44th:
A bill to provide requirements relative to certain types of ware houses or storage spaces; to provide for a short title; to provide for definitions and for certain exclusions from the provisions of this Act; to provide for certain required information and for the execution of a certain document under oath.

SR 46. By Senators Hudson of the 35th and Stephens of the 36th:
A resolution proposing an amendment to the Constitution so as to provide for a program of indemnification with respect to the death of any law enforcement officer killed in the line of duty; to provide for submission of this amendment for ratification or rejection.

SR 84. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain State owned real property located in Baldwin County, Georgia, to Mr. George E. Youngblood.

SR 85. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain property located in Baldwin County, Georgia, to Mr. George E. Youngblood.

HB 36. By Representative Alexander of the 38th:
A bill to amend an Act providing for confirmation of sales under fore closure proceedings on real estate so as to provide that no sale of real estate under powers contained in deeds to secure debt shall be valid unless notice of intent to sell such property has been mailed by the grantee, assignee or transferee of the deed to secure debt to the apparent owner by certified mail.

HB 74. By Representative Larsen of the 27th: A bill to amend Code Section 59-112, relating to persons exempt from

WEDNESDAY, FEBRUARY 26, 1975

1027

jury duty so as to change the provisions relating to women; to amend Code Section 79-207, relating to citizenship rights of females so as to change the provisions relating to rights and liabilities of females; to amend an Act relating to jury service of women.

HB 134. By Representative Alexander of the 38th:

A bill to amend an Act revising the adoption laws so as to provide that

an adopted child may take by inheritance from relatives of the adopting

parents.

/

HB 207. By Representative 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 258. By Representative Irvin of the 23rd:
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.

HR 75. By Representatives Knight of the 67th and Ware of the 68th:
A resolution authorizing the conveyance of a certain tract or parcel of land located in Coweta County, to Harrison Ward and Alma Lilly Ward.

HR 121. By Representatives Wilson of the 19th, Kreeger and Burruss of the 21st:
A resolution authorizing the lease of a certain tract of State-owned property located in the City of Kennesaw.

SB 310. By Senator McGill of the 24th:
A bill to reincorporate the City of Crawfordville in the County of Taliaferro; to create a new charter for said City; to provide for corporate limits; to provide for the government of said City; to provide for the officials thereof and their selection, oath, powers and duties.

SB 317. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, as amended, so as to place the tax commissioner on an annual salary in lieu of the fee basis of compensation.

1028

JOURNAL OF THE SENATE,

SB 319. By Senator Shapard of the 28th:
A bill to amend an Act incorporating the Town of Orchard Hill in Spalding County, so as to change the corporate limits of said town; to provide for a referendum.

HB 239. By Messrs. Baugh of the 108th and Parham of the 109th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Baldwin County into the office of Tax Commissioner of Baldwin County.

HB 436. By Mr. Hawkins of the 50th:
A bill to amend an Act approved March 21, 1974, relating to investigative grand juries in counties having a population of not less than 400,000 or more than 600,000, so as to provide these investigative grand juries with subpoena powers.

HB 534. By Representatives Glanton and Parkman of the 66th:
A bill to provide a new Charter for the City of Villa Rica in the counties of Carroll and Douglas.

HB 662. By Representatives Davis and Tolbert of the 56th, Williamson of the 45th and others:
A bill to amend an Act creating the Recorder's Court of DeKalb County so as to change the provisions relative to the appointment of marshals of the recorder's court.

HB 744. By Representative Hudson of the 137th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin so as to change the salary of the clerk; to provide for the employment of secretarial and clerical office employees.

HB 745. By Representative Hudson of the 137th:
A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system so as to change the maximum compensation of the sheriff's deputy.

HB 749. By Representative Smith of the 78th:
A bill to amend an Act creating a new Charter for the City of Barnesville so as to change and update existing city ward boundaries.

WEDNESDAY, FEBRUARY 26, 1975

1029

HB 751. By Representative Smith of the 78th:
A bill to amend an Act creating a new Charter for the City of Zebulon so as to change the date of the regular city election for said city.

HB 753. By Representative Irwin of the 130th:
A bill to amend an Act placing the Sheriff of Randolph County on an annual salary in lieu of the fee system of compensation so as to change the maximum amount for automobile and travel expenses for both the sheriff and the deputy.

HB 756. By Representative Howell of the 140th:
A bill to provide a new Charter for the City of Jakin in the County of Early.

HB 775. By Representatives Carr of the 105th and Karrh of the 106th:
A bill to amend an Act placing the Tax Collector of Johnson County on an annual salary in lieu of the fee system of compensation so as to change the annual salary of the tax collector.

HB 776. By Representatives Carr of the 105th and Karrh of the 106th:
A bill to amend an Act placing the Sheriff of Johnson County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff's deputy.

HB 788. By Representatives Wood, Whitmire and Jackson of the 9th: A bill to create the Forsyth County Water and Sewerage Authority.

HB 790. By Representative Ross of the 76th:
A bill to amend an Act revising, consolidating and superseding the Acts incorporating the Town of Norwood in the County of Warren and providing a new charter for said town so as to change the provisions relative to the compensation of the mayor and councilmen.

HR 126. By Representatives Tolbert of the 56th, Linder of the 44th, Williamson of the 54th and others:
A resolution creating the DeKalb County School Property Utilization Study Committee.

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

1030

JOURNAL OF THE SENATE,

SB 10. By Senator Coverdell of the 40th:
A bill to provide that ad valorem, excise and other taxes, fees, service charges and assessments due to counties of this State having a popula tion of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or to those municipalities lying wholly or partially within such a county having a population of 400,000 or more according to the United States Decennial Census of 1970.

The Committee on County and Urban Affairs offered the following sub stitute:
A BILL
To be entitled an Act to provide that ad valorem, excise and other taxes, fees, service charges and assessments due to 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 or to those municipalities lying wholly or partially within such a county having a population of 400,000 or more according to the United States Decennial Census of 1970 or any future such census which are not paid when due shall bear interest at the rate of seven (7%) percent per annum on the first $1,500 of such liability and at a rate of interest on the amount of such liability which exceeds $1,500 equal to seven (7%) percent per an num plus an additional one (1%) percent per annum for each month that such liability remains unpaid, with a maximum rate of eighteen (18%) percent per annum, to accrue on such liabilities from the date the same become due until paid in full; to provide that execution shall issue therefor; to provide for an effective date of this Act; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Any other law of this State to the contrary notwith standing, all ad valorem, excise and other taxes, fees, service charges and assessments owed by any taxpayer to each county in this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or to each munic ipality lying wholly or partially within such county having a population of 400,000 or more according to the United States Decennial Census of 1970 or any future such census which are not paid when due shall bear interest at the following rates until paid:
(a) Seven (7%) percent per annum on the total amount of any such taxes, fees, service charges, or assessments which are not paid when due;
(b) An additional rate of interest on the amonut of such taxes, fees, service charges and assessments which exceed $1,500 equal to an additional one (1%) percent per annum for each full

WEDNESDAY, FEBRUARY 26, 1975

1031

calendar month which elapses between the date on which such taxes, fees, service charges and assessments first become due and the date on which they are paid in full; provided, however, that the total rate of interest determined under this Act shall not exceed eighteen (18%) percent per annum.

Such rates of interest shall be determined on the date such amounts are paid in full and interest at the rate so determined shall accrue on such taxes, fees, service charges or assessments from the date on which any such amount, or installment thereof, first becomes due and payable until the date on which such amount, or installment thereof, is paid in full.

Section 2. The tax collectors or tax commissioners or governing authority of any such county or municipality shall issue executions against such taxpayer owing such taxes, fees, service charges or as sessments together with interest thereon as provided in this Act when the same become delinquent.

Section 3. This Act shall become effective on April 1, 1975, and shall apply to any such tax, fee, service charge or assessment which be comes due and payable on or after the effective date of this Act.

Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 5. 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.

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JOURNAL OF THE SENATE,

SB 295. By Senator Summers of the 53rd:
A bill to amend an Act placing the Sheriff of Chattooga County upon an annual salary, as amended, so as to change the provisions relative to deputies and other personnel 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.

SB 307. By Senator McGill of the 24th:
A bill to recreate the Board of Commissioners of Wilkes County; to provide for commissioner districts; to provide for election of a chair man and term of office; to provide for election of members and terms of office; to require bonds and oaths; to provide for the filling of vacancies; to provide for a 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 48, nays 0.

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

HB 361. By Messrs. Evans of the 84th and Owens of the 77th: A bill to amend an Act placing the county officers of McDuffie County upon an annual salary so as to provide a housing and utility allowance 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 48, nays 0.

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

HB 363. By Messrs. Evans of the 84th and Owens of the 77th:
A bill to amend an Act creating the McDuffie County Small Claims Court so as to change certain of the costs prescribed for various proceedings in said court.

WEDNESDAY, FEBRUARY 26, 1975

1033

The report 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 693. By Representative Adams of the 79th:
A bill to amend an Act creating a new Charter for the City of Thomaston so as to change and extend the present corporate limits of said city and to describe the new territory to become a part of the said City of Thomaston.

The report 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 688. By Representative Jessup of the 117th:
A bill to amend an Act placing the Sheriff of Wilcox County upon an annual salary so as to change the method of paying the expenses connected with said 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 573. By Representative Irwin of the 130th: A bill to provide a new Charter for the City of Edison.

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

On the passage of the bill, the ayes were 48, nays 0.

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

HB 704. By Representative Carrell of the 75th:
A bill to amend an Act incorporating the City of Social Circle so as to change the terms of office of the mayor and councilmen; to change certain 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 were 48, nays 0.

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

HB 705. By Representative Carrell of the 75th:
A bill to amend an Act reincorporating the City of Monroe in the County of Walton so as to authorize the City of Monroe to provide community antenna television services beyond its corporate limits.

The report 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 716. By Representative Bray of the 70th:
A bill to change the compensation of coroners in counties having a population of not less than 19,300 and not more than 20,000.

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 717. By Representatives Kreeger of the 21st, Murphy of the 18th, Burruss of the 21st and others:
A bill to create a Board of Commissioners for Paulding County; to provide for the membership of said Board.

WEDNESDAY, FEBRUARY 26, 1975

1035.

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

On the passage of the bill, the ayes were 48, nays 0.

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

HB 728. By Representatives Rush of the 121st and Clifton of the 107th:
A bill creating and establishing a Small Claims Court for Tattnall County, Georgia, to be known as the Small Claims Court of Tattnall 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 730. By Representatives Thomason, Harris and Johnson of the 8th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Pickens 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 48, nays 0.

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

HB 558. By Representative Smith of the 78th:
A bill to create and establish a small claims court for Lamar County, Georgia, to be known as the Small Claims Court of Lamar County.

Senator Banks of the 17th offered the following amendment:
Amend HB 558 by striking from line 6 of Section 1 on Page 2 the following:
"$1,500.00",

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JOURNAL OF THE SENATE,

and inserting in lieu thereof the following:

"$2,500.00".

By striking from line 15 of Section 2 on Page 2 the following:

"be a member of the State Bar of Georgia.".

By striking from Section 3 on Page 2, beginning on line 23, the following:

"an attorney actively engaged in the practice of law in Lamar County",

and inserting in lieu thereof the following:

"a resident of Lamar County".

On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

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

On the passage of the bill, the yeas were 48, nays 0.

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

HB 635. By Representatives Castleberry of the lllth and Edwards of the 110th: A bill to provide a new charter for the City of Cusseta.

Senator Timmons of the llth offered the following amendment:
Amend HB 635 by adding a new Section 5.06 to read as follows:
"Section 5.06 Notwithstanding any other provisions herein contained, this Act is not intended to and shall not be applicable to regulation of or over the property, activity, rates, services or operations of any electric supplier (as defined in the Georgia Territorial Electric Service Act, Ga. Laws 1973, page 200.)"
and
by renumbering Section 5.06 as Section 5.07.

WEDNESDAY, FEBRUARY 26, 1975

1037

On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

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

On the passage of the bill, the yeas were 48, nays 0.

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

HB 514. By Representative Irvin of the 10th:
A bill to abolish the present mode of compensating the Judge of the Probate Court and Clerk of the Superior Court of Banks County, known as the fee system; to provide in lieu thereof the annual salary.

The Committee on County and Urban Affairs offered the following substitute toHB514:
A BILL
To be entitled an Act to abolish the present mode of compensating the Judge of the Probate Court and Clerk of the Superior Court of Banks County, known as the fee system; to provide in lieu thereof the annual salary now or hereafter provided by general law for such of ficers; to provide that all fees, cost or other emoluments of said officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic state ments; to provide for the employment of personnel; to provide for the payment of the operating expenses of said offices; 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. The present mode of compensating the Judge of the Probate Court and Clerk of the Superior Court of Banks County, known as the fee system, is hereby abolished, and in lieu thereof, said officers shall receive the annual salary now or hereafter provided by general law for such officers.
Section 2. After the effective date of this Act, said officers shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed to them 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

1038

JOURNAL OF THE SENATE,

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, said officers shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by each such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof for each such officer.

Section 3. The Office of Judge of the Probate Court and Clerk of the Superior Court of Banks County shall have the authority to recom mend to the governing authority of said county the number of such per sonnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the number of em ployees and the compensation to be received by each employee in said office. It shall be within the sole power and authority of the Judge of the Probate Court and Clerk of the Superior Court, during their term of office, to designate and 'name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments and to remove or replace any of such employees at will and within their sole discretion.
Section 4. The necessary operating expenses of the office of the Judge of the Probate Court and Clerk of the Superior Court of Banks County, 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 officers, 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 au thority of Banks County.

Section 5. 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 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.

WEDNESDAY, FEBRUARY 26, 1975

1039

SR 83. By Senator Hill of the 29th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the homestead of each resident of Heard County actually occupied by the owner as a residence and homestead, and only so long as actually occu pied by the owner primarily as such, but not to exceed $5,000.00 of its value, is exempt from all ad valorem taxation for county and school purposes, except certain taxes for certain purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"The homestead of each resident of Heard County actually oc cupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $5,000.00 of its value, is hereby exempted from all ad valorem taxation for county and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemption shall be returned and claimed in such manner as pre scribed by the General Assembly for the return and claim of home stead exemptions applicable to ad valorem taxation for State, county and school purposes. The exemption herein provided for shall not apply to taxes levied by municipalities."
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 each resident of Heard County actually occupied by the owner as a resi-
( ) NO dence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $5,000.00 of its value, be exempt from all ad valorem taxation for county and school purposes, except certain taxes for certain pur poses?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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If 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, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby
j

Those not voting were Senators;

Barker Bond Dean of 6th

Duncan Traylor

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger
Warren Young

On the adoption of the resolution, the ayes were 49, nays 0.

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

SR 89. By Senators Riley of the 1st and McDowell of the 2nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to delete there from the provisions relating to the Downtown Savannah Authority; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

WEDNESDAY, FEBRUARY 26, 1975

1041

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 striking therefrom 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 therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof.

3. Membership. The Authority shall consist of five members. One of such members, who shall serve as Chairman of said Au thority, 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 successors shall have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All appointments 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 officer 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 Au thority shall also elect a Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority

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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 mem bers 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 Au thority 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 mem ber originally 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 perfor mance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of the members of the Authority or the qualifi cations 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 desirable in connection with such undertakings and extensions and improvements of such projects, buildings or facilities and the acquisition 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, amuse ment, 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 fran chises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, 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

WEDNESDAY, FEBRUARY 26, 1975

1043

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, includ ing refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. L. 1957, p. 36 et seq., as amended) amending 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 herein after 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 main taining 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 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 con demnation in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real prop erty, or rights or easements therein, or franchises necessary or con venient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having 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 encum brance exists, unless at the time such property is so acquired a

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JOURNAL OF THE SENATE,

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 combination of two or more projects, structures, buildings or facili ties 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 be tween the Authority 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, repairing 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 defined, 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;

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;

WEDNESDAY, FEBRUARY 26, 1975

1045

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 instrumentality 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 liabili ties vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be 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 principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered 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 signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary and Treasurer of the Authority and any coupons at tached thereto shall bear the facsimile signatures of the Chairman and

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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 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.

9. Same; Negotiability. All revenue bonds issued under the pro visions 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 may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived 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; Interm 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 proceeding or the happening 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 anymunicipality, county, authority, instrumentality or political subdivison 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 municipalities, counties, authorities or political subdivisions of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such municipality, county, authority or political subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitution
of the State of Georgia.

WEDNESDAY, FEBRUARY 26, 1975

1047

15. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Au thority. 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 reason able 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 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 consult ing engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other 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 banks or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the 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.

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 authorizing the issuance of the bonds or in the trust instru ment may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the

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JOURNAL OF THE SENATE,

payment of- (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the pro visions 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 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 Act or by such resolution or trust indenture, to be performed by the Au thority, or any officer thereof, including the fixing, charging, and col lecting 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 au thorized to provide by resolution for the issuance of bonds of the Au thority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

20. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of 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 validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the

WEDNESDAY, FEBRUARY 26, 1975

1049

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 subdivision or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis of the 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 and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any munic ipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Au thority.

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 affect 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, improvement, betterment or extension of its undertakings or projects; and to pledge to the punctual payment of said bonds, and interest there on, all or any part of the revenues of such undertakings or projects, in cluding the revenues of improvements, betterments or extensions thereto thereafter made.

25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facilities, or both, shall be furnished.

26. Governmental Function. It is hereby declared that the Au thority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder in the development and promotion of civic and cul tural growth, public welfare, trade, commerce, education, amusement, receration or to alleviate traffic congrestion 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 OF THE SENATE,

27. Immunity Prom 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 negligence 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 Au thority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce pay
ment of the obligation.

29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding 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 immediately upon proclamation of its ratification by the Governor.

31. General Assembly. This amendment is self-enacting and does not require any enabliing legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Savannah, Georgia, as the same now or may hereafter exist."

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 delete ( ) NO therefrom the provisions relating to the Downtown Savannah 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".

WEDNESDAY, FEBRUARY 26, 1975

1051

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 3'lst Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators:

Barker Bond Dean of 6th

Duncan Traylor

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger
Warren Young

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

Ballard Banks Barker Barnes Bell Broun of 46th

Brown of 47th Carter Coverdell Dean of 31st Doss Duncan

Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

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JOURNAL OP THE SENATE,

Hamilton of 34th

Hill



Holley

Holloway

Howard

Hudgins

Hudson

Kennedy

Kidd

Langford

Lester

Lewis

McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Starr

Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Young

Those not answering were Senators:

Bond Brantley

Dean of 6th

Warren

Lieutenant Governor Zell Miller introduced as Chaplain, The Reverend Don Harp, pastor, Northwoods United Methodist Church, Doraville, Georgia, who offered scripture reading and prayer.

The following resolution of the Senate was read and adopted:

SR 125. By Senators Traylor of the 34th, Kennedy of the 4th, Lewis of the 21st and others:
A resolution expressing regrets at the passing of Honorable James A. Williamson.

Senator Broun of the 46th moved that the first Committee of Conference on the following bill of the House be discharged and that a second Committee of Conference be appointed:

HB 169. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A bill to amend an Act making and providing appropriations for the fiscal year beginning July 1, 1974 and ending June 30, 1975; known as the "General Appropriations Act", approved April 2, 1974 (Ga. Laws 1974, p. 1508), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1975.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the first Committee of Conference was discharged.

The President appointed as a second Committee of Conference on HB 169 the following: Senators Riley of the 1st, Holloway of the 12th and Broun of the 46th.

WEDNESDAY, FEBRUARY 26, 1975

1053

Senator Broun of the 46th filed the following statement with the Secretary of the Senate:

Mr. President:

The Conference Committee appointed to consider HB 169 met today from 11:30 o'clock A.M. until 12:30 o'clock P.M.

Please record this reason for the absence of Senators Broun of the 46th, Riley of the 1st, and Holloway of the 12th from the Senate in the Journal and excuse us from all roll calls during this specified time.

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 15. By Representatives Buck of the 95th and Ross of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to retirement benefits; to provide that any member who retired with 35 or more years of creditable service whose retirement benefit was reduced because of his age having been less than the normal age of retirement in effect at the time he retired shall be entitled to an adjusted retirement.

SENATE CALENDAR
Wednesday, February 26, 1975
SB 271. Peace Officer Standards and Training Council--membership (SUB)
SB 278. Georgia Military Forces--certain officers confirmed by Senate SB 287. Board of Orthotists and Prosthetists--create HB 21. Probate of Will--proof by one witness HB 246. Parents of Racially Mixed Marriage--repeal law SB 107. Georgia Criminal Justice Council--create (SUB) SB 144. Criminal Cases--provide for discovery and inspection (SUB) SB 162. Practical Nurse Application-United States citizenship not
required (SUB)

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

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JOURNAL OF THE SENATE,

SB 271. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the Georgia Peace Officers Standards and Training Act, approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, so as to provide that the membership of the Council shall include the Commissioner of the Department of Public Safety or his designee; to redefine the terms "peace officer" and "law enforcement unit".

The Senate Committee on Judiciary offered the following substitute to SB 271:
A BILL
To be entitled an Act to amend an Act known as the Georgia Peace Officers Standards and Training Act, approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 866), and an Act approved April 13, 1973 (Ga. Laws 1973, p. 539), so as to provide that the membership of the Council shall include the Commissioner of the Department of Public Safety or his designee; to redefine the terms "peace officer" and "law enforcement unit"; to expand the power of the Georgia Peace Officers Standards and Training Council to promulgate rules and regulations; to provide the Georgia Peace Officers Standards and Training Council with the authority to establish the qualifications for school directors and to certify school directors; to provide the Georgia Peace Officers Standards and Training Council with the authority to withdraw and suspend certification of peace officers, school directors, instructors and schools; to provide that staff personnel furnished the Georgia Peace Officers Standards and Training Council by the Department of Public Safety shall be furnished with the advice and consent of the Council; to provide the Georgia Peace Officers Standards and Training Council with authority to administer and retain funds received through gifts, donations and grants; to give the Georgia Peace Officers Standards and Training Council the authority to set minimum standards for the basic training courses for peace officers; to grant the Georgia Peace Officers Standards and Training Council the authority to establish the curricula for recommended advanced and in-service training courses; to provide that the basic peace officer courses may be completed at any school which has been approved by the Georgia Peace Officers Standards and Training Council which offers the courses and method of instruction, required by the Georgia Peace Officers Standards and Training Council; to provide that the Georgia Peace Officers Standards and Training Council shall receive duplicate copies of records on candidates and peace officers employed under the provisions of the Peace Officers Standards and Training Act and that such records shall be confidential and shall be released only to the courts and to the candidate or peace officer to whom they pertain, or to a law enforcement unit seeking to employ such candidate or peace officer; to provide that no peace officer may be employed except as provided in the Georgia Peace Officers Standards and Training Act unless certification from the Georgia Peace Officers Standards and Training Council is forthcoming; to exempt certain peace officers from the certification requirements of the Georgia Peace

WEDNESDAY, FEBRUARY 26, 1975

1055

Officers Standards and Training Act; to provide that exempt peace officers may subsequently become subject to the certification require ments of the Georgia Peace Officers Standards and Training Act; to provide that the Georgia Peace Officers Standards and Training Council may recognize equivalent instruction received by exempt peace officers who subsequently desire to or are required to meet the certification requirements of the Georgia Peace Officers Standards and Training Act; and that any arrest by a peace officer who does not meet the certification requirements of this Act or the exemptions thereto shall be void; to specify when persons appointed or employed as emergency peace officers may act in that capacity; to provide for the reimbursement of certain costs incurred by counties and municipalities; to authorize the Council to promulgate rules and regulations relative to the reimbursement of certain costs incurred by counties and municipalities; to provide that only specifically appropriated funds shall be used for the reimbursement of certain costs incurred by counties and municipalities; 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 known as the Georgia Peace Officers Standards and Training Act, approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 866), and by an Act approved April 13, 1973 (Ga. Laws 1973, p. 539), is hereby amended by striking the words,

"Director of the Georgia Department of Public Safety",

in subsection (a) of Section 3 and substituting in lieu thereof the words,

"Commissioner of the Department of Public Safety or his designee",

so that subsection (a) of Section 3 when so amended shall read as follows:

"(a) The Attorney General of Georgia or his designee, the Commissioner of the Department of Public Safety or his designee, the President of the Georgia Chiefs of Police Association, the President of the Georgia Sheriffs' Association, the President of the Georgia Municipal Association or his designee, the President of the Association County Commissioners of Georgia or his designee, and the President of the Peace Ofticers Association of Georgia shall be ex officio members of the Council, as full voting members of the Council by reason of their office."
Section 2. Said Act is further amended by striking subsection (d) of Section 2 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) 'Peace Officer' means any employed or appointed officer or member of a law enforcement unit of the Department of Public

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JOURNAL OF THE SENATE,

Safety, the Georgia Bureau of Investigation, the Department of Natural Resources, the Department of Revenue Alcohol and Tobacco Tax Unit Enforcement Section, a municipality, a county or a railroad, who has the power of arrest, and who is responsible for enforcing the criminal laws of this State or its political subdivisions; sheriffs and constitutional officers who hold elective office are not considered peace officers under the provisions of this Act. Sheriffs and constitutional officers who hold elective office may at their own discretions seek and be granted certification by meeting any and all requirements set forth by this Act."

Section 3. Said Act is further amended by striking subsection (e) of Section 2 in its entirety and inserting in lieu thereof a new sub section (e) to read as follows:

"(e) 'Law Enforcement Unit' means the officers of the Depart ment of Public Safety, Georgia Bureau of Investigation, the Depart ment of Natural Resources, Department of Revenue Alcohol and Tobacco Tax Unit Enforcement Section and a police force or sheriff's office of a municipality or a county whose primary duty is detect ing crime and enforcing the criminal laws of this State or its political subdivisions."

Section 4. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

"Section 6. The Council is vested with the following functions and authority:

(a) To meet at such times and places as it may deem necessary;

(b) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies and reports to the Council as will best assist it to carry out its duties and responsibilities;

(c) To cooperate with and secure cooperation of every depart ment, agency, or instrumentality in the State government or its political subdivisions in the furtherance of the purposes of this Act;

(d) To establish criteria to be used in certifying schools au thorized to conduct training required by this Act, to certify schools as authorized to conduct training required by this Act, to prescribe minimum qualifications for directors of schools certified to conduct training required by this Act, to certify such school directors, to establish minimum qualifications for instructors at schools certified to conduct training required by this Act, to train instructors, to certify instructors authorized to conduct training required by this Act, to annually reevaluate certified schools to determine if such schools shall continue to be certified and to withdraw or suspend certification of schools, school directors and instructors which fail

WEDNESDAY, FEBRUARY 26, 1975

1057

to continue to meet or maintain, at any given time, the criteria and qualifications required for school, school director, or instructor certification;

(e) To determine whether a candidate has met the requirements of this Act and is qualified to be employed as a peace officer, and to issue a certificate to those so qualified;

(f) To certify to designated law enforcement units a candidate's successful completion of the course;

(g) To withdraw or suspend certification of any certified peace officer who shall subsequent to certification be convicted by any State or by the federal government of any crime, the punishment for which could have been imprisonment in a federal or State prison or institution or be convicted of sufficient misdemeanors to establish a pattern of disregard for the law, or be suspended or discharged by his employing law enforcement unit for disciplinary
reasons;

(h) To do any and all things necessary or convenient to enable it to wholly and adequately perform its duties and to exercise the power granted to it;

(i) To establish and modify the curriculum, including the methods of instruction, composing the basic training courses and to set the minimum number of hours therefor;

(j) To establish and recommend curricula for such advanced, inservice and specialized training courses as the Council shall deem advisable and to recognize the completion of such courses by the issuance of certificates;

(k) To adopt in accordance with the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338), such rules and regulations as are necessary to carry out the purposes of this Act."

Section 5. Said Act is further amended by striking Section 7 in it entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. The Council's staff, clerical and technical assistants and other personnel, supplies, material, equipment, and other articles necessary for the purposes of this Act, shall be provided by the Department of Public Safety with the advice and consent of the Council. The funds necessary to carry out the provisions of this Act shall come from the funds appropriated to and available to the Department of Public Safety, and from any other available funds. The Council is hereby authorized to accept and use gifts, grants and donations for the purpose of carrying out the provisions of this Act. The Council is also authorized to accept and use property, both real and personal, and services, for the purpose of carrying

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JOURNAL OF THE SENATE,

out the provisions of this Act. Any funds, property or services received as gifts, grants or donations shall be kept separate and apart from any funds received by the Department of Public Safety
and such funds, property, or services so received by gifts, grants or donations shall be the property and funds of the Council and as
such shall not lapse at the end of each fiscal year but shall remain under the control and subject to the direction of the Council to carry out the provisions of this Act."

Section 6. Said Act is further amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:

"Section 9. In addition to complying with the preemployment standards as set forth above, each and every candidate shall satis factorily complete hereinafter referred to as 'basic' course, within
twelve (12) months' of the date of his appointment as a peace officer; however, an extension of the twelve (12) months time limit may be granted by the Council upon the presentation of evidence by a department head that a candidate was unable to complete the basic course due to illness, injury, military service, or other reasons deemed sufficient by the Council. Any extension shall not exceed three months in duration. The Council shall have the au thority to recognize instruction received by a candidate if, in the determination of the Council, such instruction is at least equivalent to that required by this Act. If such instruction is recognized then it shall be in lieu of part or parts of the minimum hours of instruc tion required for certification by this Act. Should any candidate fail to successfully complete the basic training requirements within the time specified in this Section, he shall not perform any of the duties of a peace officer involving the power of arrest until such training shall have been successfully completed."

Section 7. 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 basic course shall be completed at any school certified by the Council which provides the course requirements and methods of instruction established by the Council."

Section 8. Said Act is further amended by striking Section 12 in its entitrety and inserting in lieu thereof a new Section 12 to read as follows:

"Section 12. Each law enforcement unit shall prepare duplicate records on any candidate or peace officer employed under the provisions of this Act as may be prescribed by the rules and regula tions of the Council. One copy of the record shall be maintained in the headquarters of the law enforcement unit; the second copy shall be forwarded to the Council and shall be maintained at the Council. The contents of these records, except for court proceedings, shall be considered as confidential and shall be released only to the candi date or peace officer to whom they pertain or to a law enforce-

WEDNESDAY, FEBRUARY 26, 1975

1059

ment unit considering1 the candidate or peace officer for employ ment."

Section 9. Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. (a) None of the provisions of this Act shall apply to peace officers presently employed by law enforcement units in this State. A presently employed peace officer may choose to be certified under this Act and if so the Council shall have the authority to recognize equivalent instruction received by the peace officer before the effective date of this Act; if such instruction is recognized then it shall be in lieu of part or parts of the minimum hours of instruction required for certification by this Act. After the effective date of this Act, no peace officer may be employed, except as otherwise provided in this Act, by any law enforcement unit with out certification from the Council that the candidate has met the requirements provided for in this Act.

(b) If, subsequent to July 1, 1975, a peace officer exempted from certification by Section 13 of this Act shall be employed by a law enforcement unit other than the one employing such peace officer on July 1, 1975, such officer will become subject to the certification requirements of this Act. In the case of a peace officer exempted by Section 13 of this Act seeking certification as a result of the requirements of this Section, the Council shall be authorized to recognize equivalent instruction received by the peace officer; if such instruction is recognized then it shall be in lieu of part or parts of the minimum hours of instruction required for certification by this Act.

(c) Peace officers presently employed by the Georgia Bureau of Investigation, the Department of Natural Resources and the Department of Revenue Alcohol and Tobacco Tax Unit Enforcement Section as of July 1, 1975, shall be exempt from the certification provisions of this Act. Such exemption shall continue only so long as the exempt peace officer is employed by the law enforcement unit employing such peace officer on July 1, 1975. Should the employment with the law enforcement unit employing a peace officer exempted pursuant to this Section on July 1, 1975, be severed and such exempt officer subsequently be employed by a law en forcement unit other than one by which he was employed on July 1, 1975, such peace officer will then become subject to the certifica tion provisions of this Act. Any peace officer exempted by this Section may, at his discretion, seek certification. In the case of a peace officer exempted by this Section voluntarily seeking certifica tion or seeking certification subsequent to being employed by a law enforcement unit other than the one employing such peace officer on July 1, 1975, the Council shall have the authority to recognize equivalent instruction previously received by such peace officer; if such instruction is recognized then it shall be in lieu of part or parts of the minimum hours of instruction required for certifica tion. Nothing in this Section shall affect the status of peace officers

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exempted from certification requirements by Section 13 of this Act."

Section 10. Said Act is further amended by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows:

"Section 14. The provisions of this Act shall not apply to emergency peace officers. 'Emergency Peace Officers' shall mean any peace officers who are employed or appointed to act as peace officers during an emergency or disaster, which has been so declared by the chief executive officer of the State and whose status as peace officers is intended to be temporary and for that limited purpose."

Section 11. Said Act is further amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows:

"Section 15. Any peace officer so employed who does not comply with the provisions of this Act shall not be authorized to exercise the powers of law enforcement officers, generally and particularly shall not be authorized to exercise the power of arrest. The Peace Officers Standards and Training Council is hereby au thorized to bring a civil action against any peace officer who does not comply with the provisions of this Act to enjoin such peace officer from performing any and all functions of a peace officer, including the power of arrest, until such officer shall meet the certification requirements of this Act. The Peace Officers Standards and Training Council is hereby authorized to bring a civil action against any law enforcement unit which numbers among its em ployed or appointed peace officers any peace officer who fails to meet the certification requirements of this Act to enjoin such law enforcement unit from allowing such peace officer to perform any and all peace officer functions, including exercising the power of arrest, until such time as such peace officer shall comply with the certification requirements of this Act."

Section 12. Said Act is further amended by adding a new Section immediately following Section 15, to be designated Section 15A, to read as follows:

"Section 15A. To the extent that funds are appropriated for such purpose by the General Assembly, the Council is hereby au thorized and directed to reimburse each county and municipality in this State for the cost incurred by each such county or municipality in training its peace officers as required by this Act. The amount reimbursed to each county and municipality shall be equal to the amount paid by each county or municipality in salaries for peace officers who receive the training required by this Act during the period of time such peace officers receive such training. In the event sufficient funds are not appropriated for a fiscal year to fund the full reimbursement provided for herein, then the amount

WEDNESDAY, FEBRUARY 26, 1975

1061

which would otherwise be payable to each county and municipality shall be reduced pro rata on the basis of the funds actually ap propriated. Reimbursement to counties and municipalities for each fiscal year shall be based on training received by the peace officers of such counties and municipalities during the immediately preced ing fiscal year. The Council shall be authorized to adopt and promulgate appropriate rules and regulations to carry out the provisions of this Section. Funds to carry out the provisions of this Section shall come from funds appropriated to the Department of Public Safety specifically for the purpose of carrying out the provisions of this Section."

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 yeas were 33, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Barker Broun of 46th, (excused-conf eree) Dean of 6th

Duncan Hill Holloway, (excused-conferee)

Riley, (excused-conferee) Robinson Young

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 47, nays 0.

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

Senator Holley of the 22nd moved that the following bill of the Senate be withdrawn from consideration of the Senate:

SB 151. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and Starr of the 44th:
A bill to authorize any bank, savings and loan association, or other lending institution, to charge any rate of interest which any borrower may agree to pay in writing on certain business loans and agricultural loans; to provide an effective date.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 151 was withdrawn from consideration of the Senate.

Senator Gillis of the 20th moved that the following bill of the House be withdrawn from the Committee on Natural Resources and Environmental Quality and committed to the Committee on Retirement:

HB 260. By Representative Connell of the 87th:
A bill to amend an Act establishing the State Employees' Retirement System so as to entitle Department of Natural Resources Law Enforce ment personnel to certain payments for disability due to an act of external violence or injury incurred in line of duty.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 260 was withdrawn from the Committee on Natural Resources and Environmental Quality and committed to the Committee on Retirement.

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 278. By Senators Hudgins of the 15th, Russell of the 10th, Hudson of the 35th and others:
A bill to amend an Act known as the "Georgia Military Forces Re organization Act of 1955", approved Feb. 2, 1955 (Ga. Laws 1955, p. 10), as amended, so as to provide that the Adjutant General and the Assistant Adjutant General for Army and the Assistant Adjutant General for Air shall be confirmed by the Senate.

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

WEDNESDAY, FEBRUARY 26, 1975

1063

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 Banks Barker Barnes Bell Bond Brown of 47th Carter Doss Duncan Eldridge Fincher Foster Gillis

Hamilton of 26th Holley Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Pearce Reynolds Robinson

Russell Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Coverdell Garrard

Howard Langford

Shapard

Those not voting were Senators:

Brantley Broun of the 46th, (excused-conferee) Dean of 6th

Dean of 31st Hamilton of 34th Hill Holloway, (excused-conferee)

Overby Riley, (excused-conferee)

On the passage of the bill, the yeas were 42, nays 5.

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

SB 287. By Senators Hill of the 29th and Garrard of the 37th:
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 members of the board by the Governor.

Senator Hill of the 29th offered the following amendment:
Amend SB 287 by striking on Page 2, line 17, after the word "absences" the period and by adding the following:

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JOURNAL OF THE SENATE,

", not to include the loss or absence of teeth or dental struc ture.",

and By striking on Page 2, line 26, the words "dental plates" and by
inserting in lieu thereof the following:

"artificial teeth or appliances for the teeth or any part of the mouth".

On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.

Senator Hill of the 29th offered the following amendment:

Amend SB 287 by inserting, following the word "medicine" on line 10 of Page 2, the following:

"or podiatrist licensed under Code Chapter 84-6, as now or hereafter amended,"

and by inserting, following the word "medicine" on line 15 of Page 2, the following:

"or podiatrist"

and by inserting, following the word "limitation" on line 27 of Page 11 the following:

"or a licensed podiatrist."

and by inserting, following the word "medicine" on line 9 of Page 16, the following:

"or podiatry"

and by inserting, following the word "medicine" on line 20 of Page 17, the following:

"or podiatry"

and by inserting, following the word "medicine" on line 22 of Page 17, the following:

"or podiatry"

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

WEDNESDAY, FEBRUARY 26, 1975

1065

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 Banks Barker Barnes Bell Bond Brown of 47th Carter Coverdell Dean of 31st Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren

Voting in the negative were Senators Doss and Langford.

Those not voting were Senators:

Brantley Broun of 46th, (excused-conferee) Dean of 6th

Holley Holloway, (excused-conferee) Hudgins

Riley, (excused-conferee) Timmons Young

On the passage of the bill, the yeas were 45, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Gillis of the 20th assumed the Chair.

HB 21. By Representative Bray of the 70th:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend Code Section 113-602, relating to the probate of a will in solemn form 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.

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

1066

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 Banks Barker Barnes Bell Bond Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Pincher Foster

Hamilton of 26th Hamilton of 34th Hill Howard Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill Overby Reynolds Robinson

Russell Shapard
Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Lester.

Those not voting were Senators:

Brantley Broun of 46th, (excused-conferee) Dean of 6th

Garrard Gillis (presiding) Holley Holloway, (excused-conf eree)

Hudgins Pearce Riley, (excused-conf eree)

On the passage of the bill, the yeas were 45, nays 1.

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

HB 246. By Representative Ham of 80th:
A bill to repeal Code Section 53-314 and 53-315 of the Code of Georgia of 1933 relating to the duty of the Attorney General to institute criminal proceedings under certain circumstances against the parents of a racially mixed marriage.

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:

WEDNESDAY, FEBRUARY 26, 1975

1067

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brown of 47th Coverdell Dean of 31st Doss Eldridge Foster Garrard Hamilton of 26th Hamilton of 34th

Holley Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie Overby Pearce Reynolds Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Broun of 46th, (excused-conf eree) Carter Dean of 6th Duncan

Fincher Gillis (presiding) Hill Holloway, (excused-conf eree)

Lester McGill Riley, (excused-conferee) Timmons

On the passage of the bill, the yeas were 43, nays 0.

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

Senator Langford of the 51st moved that the following bill of the Senate be postponed until 11:30 o'clock A.M. February 27:

SB 107. By Senators Langford of the 51st, Starr of the 44th and Howard of the 42nd:
A bill to amend the "Georgia Criminal Justice Act", approved April 8, 1968 (Ga. Laws 1968, p. 999), so as to create the Georgia Criminal Justice Council; to provide for membership of the Council, their quali fications, appointment, election, compensation, expenses, terms of office, succession, duties, powers, purposes, authority and responsibilities; to provide for the allocation of expenses and costs; to provide for repre sentation in State and federal courts.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 107 was postponed until 11:30 o'clock A.M. February 27.

Senator Barnes of the 33rd moved that the following bill of the Senate be committed to the Committee on Judiciary:

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JOURNAL OF THE SENATE,

SB 144. By Senators Banks of the 17th, Ballard of the 45th, Lewis of the 21st and Barnes of the 33rd:
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 results of reports of physical or mental examina tions 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 prosecuting attorney.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 144 was committed to the Committee on Judiciary.

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

SB 162. By Senators Fincher of the 54th and McDowell of the 2nd:
A bill to amend an Act approved Mar. 2, 1953 (Ga. Laws 1953, Jan.Feb. Sess., p. 333), as amended, creating the Board of. Examiners of Practical Nurses and regulating the practice of practical nursing, so as to delete the requirement that an applicant submit evidence of U. S. citizenship to the Board of Examiners of Practical Nurses.

The Senate Committee on Human Resources offered the following sub stitute to SB 162:
A BILL
To be entitled an Act to amend an Act providing for the licensing of practical nurses, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 333), as amended, so as to change the designation of "practical nurse" to "professional nurse"; to strike the word "practical" and insert in lieu thereof the word "professional" in said Act; to change the qualifications for licensure and examination as a professional nurse; to authorize the Board of Professional Nurse Examiners to enjoin persons from practicing professional nursing without a license; to make the practice of professional nursing without a license a public nuisance; to further define and delineate permissible functions of a professional nurse; to provide for the publication of an annual roster of licensed professional nurses; to abolish the advisory committee created by said Act; to create a Board of Professional Nurse Examiners; to provide for the composition of the board and the terms of office of members of the board; to provide for filling vacancies; to provide for nominations of members of the board; to provide for compensation of members of the board; to provide for meetings of the board; to authorize the board to adopt rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

WEDNESDAY, FEBRUARY 26, 1975

1069

Section 1. An Act providing for the licensing of practical nurses, approved March 2, 1953 (Ga. Laws 1953, Jan.-Peb. Sess., p. 333), as amended, is hereby amended by striking the word "practical" wherever it may appear in said Act, or in any amendments thereto, and inserting in lieu thereof the word "professional" so that when so amended all references in said Act to "The Board of Practical Nurse Examiners", "The Board of Examiners of Practical Nurses", "Licensed Practical Nurse" or other similar terms, shall read "The Board of Professional Nurse Examiners", "The Board of Examiners of Professional Nurses", or "Licensed Professional Nurse".

Section 2. Said Act is further amended by striking in its entirety Section 2, relating to qualifications of applicants for licensure, and inserting in lieu thereof, the following:

"Section 2. No person shall engage in practice as a licensed professional nurse without obtaining a license as hereinafter provided. All applicants for a license to practice as a professional nurse shall make application through the Joint Secretary of the State Examining Boards. An applicant for such license shall submit to the Board of Professional Nurse Examiners of Georgia, written evidence, verified by oath, that the applicant is at least eighteen years of age and has completed at least two years in high school or the equivalent thereof which is satisfactory to the board. A person who has received a high school diploma, completed the approved educational program, and who has not become 18 years of age may apply to the board for special consideration and the board, in its discretion, may allow a person so applying to take the test before the person is 18 years of age. In addition, an applicant shall submit to the board written evidence, verified by oath, that the applicant is of good moral character, is in good physical and mental health, and has successfully completed the course of training for professional nurses approved by the board."

Section 3. Said Act is further amended by adding at the end of Section 7, relating to the use of the terms "licensed professional nurse" and the abbreviation "L.P.N." by persons not licensed by the Board of Professional Nurse Examiners, the following new paragraph:

"Any person who shall engage in the practice of Licensed Pro fessional Nursing within the meaning of this Act without being licensed by the Board of Professional Nurse Examiners, or who' shall hold himself out as a Licensed Professional Nurse or 'L.P.N.' without being so licensed, may be enjoined from such conduct by the Board of Professional Nurse Examiners, and said board may institute proceedings in the courts of this State in its own name to secure such injunctions. This provision shall not apply to any persons properly practicing another profession such as Registered Pro fessional Nursing, or to any other persons exempted from the provisions of this Act. The practice of Licensed Professional Nurs ing without securing the proper license from the Board of Profes sional Nurse Examiners is hereby declared to be a public nuisance, harmful to the public health, safety, and welfare.",

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JOURNAL OF THE SENATE,

so that when so amended, said Section shall read as follows:

"Section 7. Any person issued a license shall have the right to use the title 'Licensed Professional Nurse' and the abbreviation therefor, 'L.P.N.'. No other person shall use the title or such abbreviations or any other words, letters, signs, figures, or the abbreviations thereof to indicate that the person is a Licensed Professional Nurse. Any person so doing 'shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

Any person who shall engage in the practice of Licensed Professional Nursing within the meaning of this Act without being licensed by the Board of Professional Nurse Examiners, or who shall hold himself out as a Licensed Professional Nurse or 'L.P.N.' without being so licensed, may be enjoined from such conduct by the Board of Professional Nurse Examiners, and said board may institute proceedings in the courts of this State in its own name to secure such injunctions. This provision shall not apply to any persons properly practicing another profession such as Registered Professional Nursing, or to any other persons exempted from the provisions of this Act. The practice of Licensed Professional Nursing without securing the proper license from the Board of Professional Nurse Examiners is hereby declared to be a public nuisance, harm ful to the public health, safety, and welfare."

Section 4. Said Act is further amended by adding at the end of Section 8, relating to the definition of a "Licensed Professional Nurse", the following paragraph:

"A Licensed Professional Nurse may perform, in addition to any other duties or functions otherwise permitted by law, such duties and functions as are set forth in duly promulgated Rules and Regulations of the Board of Professional Nurse Examiners and approved by the Composite State Board of Medical Examiners.",

so that when so amended, said Section shall read as follows:

"Section 8. A professional nurse is a person who has had study and supervised experience in an approved school and hospital training program and is thereby trained to care for sub-acute, convalescent and chronic patients in their own homes or in institu tions, or who works under the direction of a licensed physician or registered professional nurse. Any hospital with fifteen beds or more may qualifiy to train practical nurses provided they do not train over one nurse per year for every eight hospital beds. Hospitals giving this training for practical nurses must include in their course a minimum of 600 hours' class work and 800 hours' practical ex
perience during a period of 12 months.

A Licensed Professional Nurse may perform, in addition to any other duties or functions otherwise permitted by law, such duties and functions as are set forth in duly promulgated Rules and

WEDNESDAY, FEBRUARY 26, 1975

1071

Regulations of the Board of Professional Nurse Examiners and approved by the Composite State Board of Medical Examiners."

Section 5. Said Act is further amended by adding at the end of Section 10, relating to the issuance of licenses by the Board of Pro fessional Nurse Examiners, the following sentence:
"The Board of Professional Nurse Examiners shall publish annually a roster of all nurses currently licensed as Licensed Pro fessional Nurses in the State of Georgia.",
so that when so amended, said Section shall read as follows:

"Section 10. Licenses as provided in Section 2 and Section 4 of this Act, may be issued by the Board of Professional Nurse Examiners of Georgia, upon proper application. The Board of Professional Nurse Examiners shall publish annually a roster of all nurses currently licensed as Licensed Professional Nurses in the State of Georgia."
Secton 6. Said Act is further amended by striking in its entirety, Section 11 of said Act, establishing an advisory committee, providing for the appointment, terms of office, and compensation of board mem bers, and providing certain duties and powers of the board, which reads as follows:
"Section 11. There is hereby established an Advisory composed of three Registered Professional Nurses, two representatives from the Georgia Hospital Association, one representative from the Medical Association of Georgia, and one representative from the Vocational Education Service of the State Department of Education which committee will serve in an advisory capacity to the Board of Examiners of Practical Nurses of Georgia on matters pertaining to licensing of practical nurses also training and instruction. This committee shall be appointed by the Governor from a list of at least six names submitted from the Registered Professional Nurses Association of Georgia, four from the Georgia Hospital Association, two from the Medical Association of Georgia, two from the State Board of Education. Each member shall serve two years or until his or her successor is appointed. This committee shall have at least two meetings each year with the Board of Examiners of Practical Nurses. The members of said committee shall serve with out compensation and shall recommend to the Governor ten prac tical nurses who shall be registered as practical nurses following the recommendation of the advisory committee from which the Governor shall appoint five to constitute a Board of Examiners of Practical Nurses. The terms of offices shall be two for four years, two for two years, and one for one year. Thereafter, they shall be appointed for four years upon recommendation of the advisory committee established in this Act. These board members shall be paid fifteen dollars ($15.00) per day plus mileage, hotel, and food. The board shall meet at least twice each year and may have call meetings upon notice of the Chairman or Joint Secretary

1072

JOURNAL OF THE SENATE,

of the State Examining Boards. Rules and regulations regarding the training of practical nurses shall be formulated by the advisory committee and the Board of Examinations of Practical Nurses.",

and inserting in lieu thereof, the following:

"The Board of Professional Nurse Examiners shall consist of five members serving four-year terms as provided by previous law (Ga. Laws 1953, Jan.-Feb. Sess., p. 333). Vacancies on the board shall be filled by appointment of the Governor. The Georgia As sociation of Licensed Practical Nurses, Inc., the Licensed Practical Nurses Association of Georgia, any successor association, or any other Statewide association of practical or professional nurses may submit as many as five names each to the Governor as recom mendations for filling any vacancy on the Board of Professional Nurse Examiners. The board members shall be paid $25 per day plus mileage, accommodations and food. The board shall meet at least twice each year, and may have called meetings upon notice of the Chairman or Joint Secretary of the State Examining Boards. Rules and regulations regarding the training of practical nurses or any other matters necessary to carry out the duties and functions of ,the board provided by law, may be formulated and promulgated by the Board of Professional Nurse Examiners."

Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Shapard of the 28th offered the following amendment:
Amend the committee substitute to SB 162 by striking from Page 7, lines 22 and 23, the sentence which reads as follows:
"The board members shall be paid $25 per day plus mileage, accommodations and food.",
and substituting in lieu thereof the following:
"The members of the board shall receive the sum of $36.00 for each day of service devoted to their official duties, plus reim bursement for mileage."

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 36, nays 0, and the com mittee substitute was adopted as amended.

WEDNESDAY, FEBRUARY 26, 1975

1073

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 Banks Barker Barnes Bell Bond Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Garrard Hamilton of 26th

Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Broun of 46th, (excused-conferee) Dean of 6th Duncan

Foster Gillis (presiding) Hill Holloway, (excused-conferee)

Langford Lester Riley, (excused-conferee)

On the passage of the bill, the yeas were 45, nays 0.

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

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

HB 115. By Representatives Buck of the 95th and Ross of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to the establishment of creditable service for service under another retirement system.

1074

JOURNAL OP THE SENATE,

HB 319. By Representative Culpepper of the 98th:
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 approved Mar. 31, 1964, so as to change the definition of the term "employee" under said Act.

HB 236. By Representatives Castleberry of the lllth, Buck of the 95th, Oxford of the 116th and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to authorize employees of the Georgia Federal-State Shipping Point Inspection Service to become members of the Em ployees' Retirement System of Georgia.

The following communication from the Secretary of State was read by the Secretary:

SECRETARY OF STATE State Capitol Atlanta 30334

February 26, 1975

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

I am enclosing herewith certified copy of a list of those registered in the Docket of Legislative Appearances as of February 25, 1975, for the 1975 Session of the Georgia General Assembly.
With best wishes, I am

Enclosure

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

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 274 through 317), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the

WEDNESDAY, FEBRUARY 26, 1975

1075

Docket of Legislative Appearance for the 1975 Session of the Georgia General Assembly as of Tuesday, February 25, 1975, 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 26th day of February, in the year of our Lord One Thousand Nine Hundred and Seventy-five and of the Independence of the United States of America the (me Hundred and Ninety-ninth.

Ben W. Fortson, Jr. Secretary of State.

274. John L. Erickson Ford Motor Company Suite 2002 225 Peachtree Street, N. E. Atlanta, Georgia 30303
275. Larry J. Jones Consumer Cooperative Industry 811 Capitol Avenue Atlanta, Georgia 30303
276. Ernest Vandiver Independent Bankers Association Lavonia, Georgia
277. Ben F. Johnson, III C & S National Bank 1200 C & S National Bank Building Atlanta, Georgia 30303
278. Robert E. Cantrell Georgia State Council Machinists 129 Gaylord Street Smyrna, Georgia 30080
279. A. L. Clark Communications Workers of America--Local #3263 3004 Corbin Avenue Decatur, Georgia 30034
280. Virginia Jackson Coalition of Labor Union Women 1801 Honeysuckle Lane, #81-T Atlanta, Georgia 30311
281. Major General Homer Flynn The Greenbaum Companies 2159 McKinley Road, N. W. Atlanta, Georgia 30318

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JOURNAL OF THE SENATE,

282. Harold L. Russell, Esq. Registered Agent The Sperry and Hutchinson Company Opticks, Inc. Cole National Corporation 4000 First National Bank Tower Atlanta, Georgia 30303
283. Reverend Ted Clark Self 742 Willis Mill Road Atlanta, Georgia 30311
284. Robert C. Goodlett Self ' 992 Westmoor Drive, N. W. Atlanta, Georgia 30314
285. Kirk Quillian Elson Book Stores 1400 Candler Building Atlanta, Georgia 30303
286. Mary Lou Keener Georgia Nurses Association 2598 Addison Drive Doraville, Georgia 30340
287. Mary Anne Whatley Home Builders Association, Metropolitan Atlanta 339 Buckhead Avenue Atlanta, Georgia 30305
288. William M. Suttle American Insurance Association 3445 Peachtree Road, N. E. Atlanta, Georgia 30326
289. Charles Yarbrough Yarbrough and Associates 5600 Roswell Road Atlanta, Georgia 30342
290. Miss Mary Alice Juhan Self 152 Clayton Street, N. W. Lawrenceville, Georgia 30245
291. Milton C. Foster Home Builders Association of Georgia 2830 Mabry Road, N. E. Atlanta, Georgia 30319
292. Carol Wyndelts League of Women Voters 1355 Harold Dean Drive Marietta, Georgia 30062

WEDNESDAY, FEBRUARY 26, 1975

1077

293. T. H. Resseau, Jr. Georgia Milk Producers, Inc. 419 West Marion Street Eatonton, Georgia 31024
294. B. W. Gray Georgia County Welfare Association 330 Peachtree Street, N. E. Atlanta, Georgia 30308
295. Dorothy Clark Georgia Nurses Association 4560 E. Ponce de Leon Avenue Apartment 3-B Clarkston, Georgia 30021
296. F. Coin Campbell, Jr. Home Builders Association of Metropolitan Atlanta and Georgia 2221 Tristan Circle, N. E. Atlanta, Georgia 30345
297. J. Michael Morris Home Builders Association of Metropolitan Atlanta 4880 Lower Roswell Road Marietta, Georgia 30062
298. Wilbur B.King Georgia Bar Association 3100 Equitable Building Atlanta, Georgia 30303
299. J. Clifton Barlow, Jr. Georgia Bar Association 3300 First National Bank Tower Atlanta, Georgia 30303
300. Pete Halter Georgia Bar Association 5140 Riverhill Court Marietta, Georgia 30060
301. Robert Holt Georgia Land Development Association 1200 C & S Bank Building Atlanta, Georgia 30303
302. Sam Hatcher Georgia Bar Association 1200 C & S Bank Building Atlanta, Georgia 30303
303. Wayne S. Hyatt Georgia Association of Condominium Owners 2200 Peachtree Center Tower Atlanta, Georgia 30303

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JOURNAL OF THE SENATE,

304. Sidney L. Moore Registered Agent Atlanta Legal Aid Society Southern Consumer Law Center 118 Barry Street Decatur, Georgia 30030
305. Jack B. Perdue Blue Cross Blue Shield of Georgia 1010 West Peachtree St., N.W. Atlanta, Georgia 30302
306. G. Barton Middleton Greater Macon Chamber of Commerce Post Office Box 169 Macon, Georgia 31202
307. Richard Huddy Georgia Nurses Association 3506 Buford Highway Apartment K-6 Atlanta, Georgia 30329
308. Brenda Courson Concerned Citizens of Moral and Social Decency 145 Spalding Drive, N. E. Atlanta, Georgia 30328
309. Ralph H.Witt City of Atlanta 2614 First National Bank Tower Atlanta, Georgia 30303
310. George D. Adams Fraternal Order of Police Brookshire Drive Fayetteville, Georgia 30214
311. Mrs. Doris Van Veelen Concerned Citizens for Moral and Social Decency 1513 Thornhill Court Dunwoody, Georgia 30338
312. E. B. Gurley Ford Motor Co. 340 S. Central Avenue Hapeville, Georgia 30354
313. W. A. Huff Ford Motor Company 340 S. Central Avenue Hapeville, Georgia 30354
314. William H. Schroder Georgia Optometric Association 1400 Candler Building Atlanta, Georgia 30303

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1079

315. Ernest C. Ramsay Self 33rd Floor, First National Bank Tower Atlanta, Georgia 30303
316. T. KellerCobb Self 204 Church Street Decatur, Georgia 30030
317. Lindy Barnett National Association of Social Workers 10375 State Bridge Road Alpharetta, Georgia 30201

The President resumed the Chair.

Senator Starr of the 44th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow at 12:40 o'clock P.M.

1080

JOURNAL OP THE SENATE,

Senate Chamber, Atlanta, Georgia Thursday, February 27, 1975

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

Senator Young of the 13th reported that the journal of yesterday's 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 follow ing bills of the House, to-wit:

HB 203. By Representatives Parham of the 109th, Baugh of the 108th, Mann of the 13th and Twiggs of the 4th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, so as to change definitions relating to persons authorized to prescribe drugs.

HB 586. By Representatives Sams of the 90th, Beckham of the 89th and Snow of the 1st:
A bill to amend an Act pertaining to the administration of taxing laws and particularly compromise settlements of suits so as to provide for the release of property subject to a State tax lien in certain circumstances.

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

HB 808. By Representatives Clifton of the 107th and Rush of the 121st: A bill to recreate and reincorporate the City of Collins; to provide for corporate boundaries.
HB 914. By Representatives Kreeger of the 21st, Howard and Cooper of the 19th and others: A bill to amend an Act amending, revising, consolidating and super seding the Acts incorporating the Town of Austell and reincorporating

THURSDAY, FEBRUARY 27, 1975

1081

said Town as the City of Austell, as amended, so as to change the corporate limits thereof.

HB 915. By Representative Clifton of the 107th:
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.

HB 916. By Representative Clifton of the 107th:
A bill to amend an Act abolishing the offices of tax receiver and tax collector of Bryan County, as amended, so as to change the compensation of the tax commissioner of Bryan County.

HB 920. By Representatives Harris and Stone of the 138th:
A bill to amend an Act creating a new charter for the City of Odum, as amended, so as to redefine the town limits.
HB 923. By Representative Carr of the 105th:
A bill to amend an Act placing the sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the sheriff, chief deputy, regular deputies, secretary and dispatcher.
HB 924. By Representatives Davis, Tolbert and Ray of the 56th, Jordan of the 58th and others: A bill to authorize DeKalb County to require the repairing, closing or demolition of certain dwellings or structures under certain conditions.

HB 926. By Representative Sigman of the 74th: A bill to amend an Act creating the board of commissioners of Newton County, as amended so as to update and renumber the provisions of said Act.
HB 927. By Representative Fraser of the 139th: A bill to amend an Act placing the clerk of the Superior Court, sheriff and tax commissioner of Mclntosh County on a salary basis, as amended, so as to change the compensation of the assistant to the clerk of the Superior Court.
SB 153. By Senator Foster of the 60th: A bill to amend an Act creating the Mountain Judicial Circuit; so as to change the terms of court for certain counties comprising said circuit.

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JOURNAL OP THE SENATE,

HB 163. By Representatives Jones of the 126th, Triplett of the 128th, Chance of the 129th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", so as to provide for a certain exemption to the requirement that rescue organizations be licensed by the State Director of Civil Defense.

HB 481. By Representative Gammage of the 17th:
A bill to authorize and direct the State Office of Housing to provide outreach workers to the Farmers Home Administration.

HB 365. By Representative Carrell of the 75th:
A bill to amend Code Title 92, relating to public revenue, so as to change the provisions relating to rate of interest on unpaid taxes on Dec. 20th in each year.

HB 588. By Representatives Hatcher of the 131st, Walker of the 115th, Evans of the 84th and others:
A bill to amend Code Section 27-2503, relating to presentence hearings for the determination of punishment to be imposed in felony cases, so as to provide for sentencing procedure in all cases in which the death penalty may be imposed and which are tried by a jury.

SB 5.1. By Senator McGill of the 24th:
A bill to provide for the inspection and regulation of the sale of antifreeze substances and preparations.

HB 896. By Representatives Murphy of the 18th, Colwell of the 4th, Lee of the 72nd and others:
A bill to revise, classify, consolidate and supersede the present State Properties Code and to establish a new codification of laws relating thereto.

HB 899. By Representatives Greer of the 43rd, Triplett of the 128th and Murphy of the 18th:
A bill to amend an Act now known as the "Geo. L. Smith II Georgia World Congress Center Act", so as to remove the legislative members from the Authority; to change the number necessary for a quorum to provide an effective date.

HB 20. By Representative Bray of the 70th:
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

THURSDAY, FEBRUARY 27, 1975

1083

any highway, roadway or street if the suspension system of such vehicle has been altered more than two inches above or below the factory rec ommendation for such vehicle.

The House has agreed to the Senate substitutes to the following bills of the House, to-wit:

HB 211. By Representatives Lambert of the 112th, Carlisle of the 71st, Jones of the 126th and others:
A bill to establish an Executive Center Fine Arts Committee.

HB 651. By Representative Fraser of the 139th:
A bill to amend an Act providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County so as to change the compensation of the sheriff.

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

HR 204. By Representatives Murphy of the 18th, Greer of the 43rd and Triplett of the 128th:
A resolution creating the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee.

HR 229. By Representatives Beck of the 148th, Reaves of the 147th, and Patten of the 149th:
A resolution proposing an amendment to the Constitution so as to exempt certain real property of historical interest, lying within the limits of Lowndes County, from ad valorem taxation other than State ad valorem taxes.

The House has passed, as amended by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 89. By Senators Holloway of the 12th and Riley of the 1st: A bill to amend an Act re-creating and reestablishing the Georgia Commission for the National Bicentennial Celebration.
HR 226. By Representatives White of the 132nd and Randall of the 101st: A resolution proposing an amendment to the Constitution so as to create and provide the membership of the State Properties Commission.

1084

JOURNAL OF THE SENATE,

HE 98. By Representatives Lambert of the 112th and Carlisle of the 71st:
A resolution to authorize the Department of Revenue to write off uncollected check balances covering motor fuel highway use permits and taxes.

HR 100. By Representatives Lambert of the 112th and Carlisle of the 71st:
A resolution to authorize the Department of Revenue to write off uncollected check balances covering Motor Vehicle License fees.

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

HR 256. By Representative Noble of the 48th:
A resolution commending the Georgia Baptist Convention for its proposed bicentennial rally.

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

SB 346. By Senators Barker of the 18th and Hudson of the 35th:
A bill to amend Code Chapter 79A-99, relating to penalties for violating the criminal provisions of Title 79A of the Georgia Code, relating to pharmacies, pharmacy and drugs, as amended, so as to provide that if upon the third conviction for possession of marijuana of one ounce or less, a person possessed more than one half of an ounce, said person shall be sentenced to imprisonment for a period of at least thirty days.
Referred to Committee on Judiciary.

SB 347. By Senators Foster of the 50th, Starr of the 44th, Overby of the 49th and others:
A bill to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968 and creating the State Planning and Community Affairs Policy Board, so as to provide that a majority of the Board of Directors shall be local elected officials.
Referred to Committee on County and Urban Affairs.

SB 348. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to amend Code Section 84-1610, relating to hours of operation of billiard rooms, as amended, so as to permit Sunday operation of certain billiard rooms; to provide an effective date. Referred to Committee on County and Urban Affairs.

SB 349. By Senator Russell of the 10th:
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

THURSDAY, FEBRUARY 27, 1975

1085

as to provide that motor contract carriers shall not include motor ve hicles engaged in the transportation of nursery stock or sod grass.
Referred to Committee on Transportation.

SB 350. By Senator Holloway of the 12th:
A bill to amend Code Title 84, relating to professions, businesses and trades, as amended, so as to comprehensively revise, codify and modern ize the laws of this State relating to the licensure and regulation of landscape architects; to provide for definitions. Referred to Committee on Industry, Labor and Tourism.

SB 351. By Senator Pearce of the 16th:
A bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or a security deed, as amended, so as to clarify the definition of "rate of charge". Referred to Committee on Banking, Finance and Insurance.

SB 352. By Senator Kidd of the 25th:
A bill to amend an Act providing for the giving of security by owners and operators of motor vehicles, as amended, so as to provide for limited driving permits for certain persons convicted of driving under the in fluence of drugs or alcohol. Referred to Committee on Judiciary.

SB 353. By Senator Howard of the 42nd:
A bill to provide for the regulation of off-road vehicles; to provide a short title; to provide for declaration of policy; to provide for defini tions; to provide for exemptions; to provide for operating restrictions. Referred to Committee on Judiciary.

SB 354. By Senator Stephens of the 36th:
A bill to amend an Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County, so as to authorize the Tax Commissioner of Fulton County to issue one fi. fa. for delinquent ad valorem taxes due to the City of Atlanta and Fulton County.
Referred to Committee on County and Urban Affairs.

SB 355. By Senator Barnes of the 33rd:
A bill to amend Code Section 84-1411, relating to qualifications for a real estate broker's or salesman's license, as amended, so as to prohibit the Georgia Real Estate Commission from adopting certain requirements

1086

JOURNAL OF THE SENATE,

concerning the maximum number of hours per day for in-class instruc tion for approval of a course of study.
Referred to Committee on Industry, Labor and Tourism.

SB 356. By Senator Fincher of the 54th:
A bill to amend an Act providing for the participation of certified registered nurse anesthetists in the administration of anesthesia, so as to change the provisions relating to the professional and educational standards of said nurses. Referred to Committee on Human Resources.

SB 357. By Senator Warren of the 43rd:
A bill to provide that in all counties of this State having a population of not less than 400,000 nor more than 500,000 persons, according to the United States Decennial Census or any future such census, it shall be lawful to erect signs bearing the word "SOLD" on certain residential property. Referred to Committee on County and Urban Affairs.

SR 129. By Senators Traylor of the 3rd, Hudgins of the 15th, Lewis of the 21st and others:
A resolution designating the pecan pie as the official State pie. Referred to Committee on Rules.

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

HB 15. By Messrs. Buck of the 95th and Ross of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to retirement benefits; to provide that any member who retired with 35 or more years of creditable service whose retirement benefit was reduced because of his age having been less than the normal age of retirement in effect at the time he retired shall be entitled to an adjusted retirement.
Referred to Committee on Retirement.

HB 20. By Mr. Bray of the 70th:
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 any high way, roadway or street if the suspension system of such vehicle has been altered more than two inches above or below the factory recom mendation for such vehicle.
Referred to Committee on Transportation.

THURSDAY, FEBRUARY 27, 1975

1087

HB 115. By Messrs. Buck of the 95th and Ross of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to the establishment of creditable service for service under another retirement system. Referred to Committee on Retirement.

HB 163. By Messrs. Jones of the 126th, Triplett of the 128th, Chance of the 129th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951, so as to provide for a certain exemption to the requirement that rescue organizations be licensed by the State Director of Civil Defense. Referred to Committee on Defense and Veterans Affairs.

HB 203. By Messrs. Parham of the 109th, Baugh of the 108th, Mann of the 13th and Twiggs of the 4th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, so as to change definitions relating to persons authorized to prescribe drugs. Referred to Committee on Human Resources.

HB 236. By Messrs. Castleberry of the lllth, Buck of the 95th, Oxford of the 116th and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to authorize employees of the Georgia Federal-State Shipping Point Inspection Service to become members of the Employees' Retirement System of Georgia. Referred to Committee on Retirement.

HB 319. By Mr. Culpepper of the 98th:
A bill to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the establishment of a Joint Municipal Retirement System approved March 31, 1964, so as to change the definition of the term 'employee' under said Act. Referred to Committee on Retirement.

HB 365. By Mr. Carrell of the 75th:
A bill to amend Code Title 92, relating to public revenue, so as to change the provisions relating to rate of interest on unpaid taxes on Dec. 20th in each year. Referred to Committee on Banking, Finance and Insurance.

1088

JOURNAL OF THE SENATE,

HB 481. By Mr. Gammage of the 17th;
A bill to authorize and direct the State Office of Housing to provide outreach workers to the Farmers Home Administration. Referred to Committee on Agriculture.

HB 586. By Representatives Sams of the 90th, Beckham of the 89th and Snow of the 1st:
A bill to amend an Act pertaining to the administration of taxing laws and particularly compromise settlements of suits so as to provide for the release of property subject to a State tax lien in certain circumstances. Referred to Committee on Judiciary.

HB 588. By Representatives Hatcher of the 131st, Walker of the 115th, Evans of the 84th and others:
A bill to amend Code Section 27-2503, relating to presentence hearings for the determination of punishment to be imposed in felony cases, so as to provide for sentencing procedure in all cases in which the death penalty may be imposed and which are tried by a jury.
Referred to Committee on Judiciary.

HB 896. By Representatives Murphy of the 18th, Colwell of the 4th, Lee of the 72nd and others:
A bill to revise, classify, consolidate and supersede the present State Properties Code and to establish a new codification of laws relating thereto, which codification shall be contained in Code of Ga. Chapter 91-1A, to be known and cited as the State Properties Code of Georgia. Referred to Committee on Public Utilities.
HB 899. By Representatives Greer of the 43rd, Triplett of the 128th and Murphy of the 18th:
A bill to amend an Act now known as the "Geo. L. Smith II Georgia World Congress Center Act," approved March 16, 1972, so as to remove the legislative members from the Authority; to change the number necessary for a quorum; to provide an effective date. Referred to Committee on Rules.
HB 808. By Representative Clifton of the 107th:
A bill to recreate and reincorporate the City of Collins; to provide for corporate boundaries; to enumerate corporate powers. Referred to Committee on County and Urban Affairs.

HB 914. By Representatives Kreeger of the 21st, Howard and Cooper of the 19th and others:
A bill to amend an Act amending, revising, consolidating and supersed-

THURSDAY, FEBRUARY 27, 1975

1089

ing the several Acts incorporating the Town of Austell and reincorporating said town as a city, approved Aug. 17, 1929, so as to change the corporate limits of said city.
Referred to Committee on County and Urban Affairs.

HB 915. By Representative Clifton of the 107th:
A bill to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary so as to change the provisions relative to the compensation of the sheriff and deputies. Referred to Committee on County and Urban Affairs.

HB 916. By Representative Clifton of the 107th:
A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Bryan County, Georgia, and creating the office of Tax Commissioner of Bryan County so as to change the compensation of the Tax Commissioner of Bryan County. Referred to Committee on County and Urban Affairs.

HB 920. By Representatives Harris and Stone of the 138th:
A bill to amend an Act creating a new charter for the City of Odum, so as to redefine the town limits. Referred to Committee on County and Urban Affairs.

HB 923. By Representative Carr of the 105th:
A bill to amend an Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff, chief deputy, regular deputies, the secretary and the dispatcher. Referred to Committee on County and Urban Affairs.

HB 924. By Representatives Davis, Tolbert and Ray of the 56th and others:
A bill to authorize DeKalb County to require the repairing, closing or demolition of certain dwellings or structures intended for human habita tion or occupation which are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of said county. Referred to Committee on County and Urban Affairs.

HB 926. By Representative Sigman of the 74th:
A bill to amend an Act creating a Board of Commissioners for Newton County so as to update and renumber the provisions of said Act; to require the members and the chairman of the board to submit itemized statements of certain expenses. Referred to Committee on County and Urban Affairs.

1090

JOURNAL OF THE SENATE,

HB 927. By Representative Fraser of the 139th:
A bill to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of Mclntosh County on an annual salary so as to change the compensation of the Assistant to the Clerk of the Superior Court. Referred to Committee on County and Urban Affairs.

HR 98. By Messrs. Lambert of the 112th and Carlisle of the 71st:
A resolution to authorize the Department of Revenue to write off uncollected check balances covering motor fuel highway use permits and taxes. Referred to Committee on Banking, Finance and Insurance.

HR 100. By Messrs. Lambert of the 112th and Carlisle of the 71st:
A resolution to authorize the Department of Revenue to write off un collected check balances covering Motor Vehicle License fees. Referred to Committee on Banking, Finance and Insurance.

HR 204. By Representatives Murphy of the 18th, Greer of the 43rd and Triplett of the 128th:
A resolution creating the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee. Referred to Committee on Rules.

HR 226. By Representatives Murphy of the 18th, Colwell of the 4th, Lee of the 72nd and others:
A resolution proposing an amendment to the Constitution so as to create and provide the membership of the State Properties Commission. Referred to Committee on Public Utilities.

HR 229. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A resolution proposing an amendment to the Constitution so as to exempt certain real property of historical interest, lying within the limits of Lowndes County, from ad valorem taxation other than State ad valorem taxes. Referred to Committee on County and Urban Affairs.

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

THURSDAY, FEBRUARY 27, 1975

1091

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:

Mr. President:

Your Committee on Banking, Finance and Insurance has had under considera tion 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 242. Do pass. SB 277. Do pass. SR 58. Do pass. HB 280. Do pass. HB 374. Do pass. HB 383. Do pass. HB 389. Do pass. HB 532. Do pass. HB 736. Do pass. HB 737. Do pass. HB 819. Do pass. HB 821. Do pass. HB 822. Do pass.
HB 823. Do pass.
HR 8. Do pass.

Respectfully submitted, Holley of 22nd District, Chairman.

Senator Garrard of the 37th 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 368. Do pass. HB 631. Do pass. HB 864. Do pass.

1092

JOURNAL OF THE SENATE,

HB 865. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Garrard of the 37th 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 212. Do pass. HB 35. Do not pass. HB 337. Do pass as amended.
Respectfully submitted, Garrard of 37th District, Chairman.

Senator Garrard of the 37th 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 103. Do pass. SB 328. Do pass. SB 337. Do pass. SB 338. Do pass. HB 362. Do pass. HB 706. Do pass as amended. HB 786. Do pass. HB 787. Do pass. HB 802. Do pass. HB 803. Do pass. HB 809. Do pass.

THURSDAY, FEBRUARY 27, 1975

1093

HB 810. Do pass. HB 811. Do pass. HB 812. Do pass. HB 813. Do pass. HB 824. Do pass. HB 826. Do pass. HB 828. Do pass. HB 831. Do pass. HR 109. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Doss of the 52nd District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. President:
Your Committee on Higher Education has had under consideration the follow ing bill and resolution 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 282. Do pass. HR 155. Do pass.
Respectfully submitted, Doss of 52nd District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources 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 314. Do pass as amended.
Respectfully submitted, Fincher of 54th District, Chairman.

1094

JOURNAL OP THE SENATE,

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:

Mr. President:

Your Committee on Human Resources 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 294. Do pass.
SB 345. Do pass.
HB 151. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.

Senator Overby of the 49th 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:
HB 83. Do pass. SB 220. Do pass. SB 316. Do pass. SB 169. Do pass. HB 666. Do pass. HB 667. Do pass. HB 668. Do pass. HB 669. Do pass by substitute. SB 303. Do not pass.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Gillis of the 20th 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

THURSDAY, FEBRUARY 27, 1975

10&5

under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SB 20. Do not pass.
SB 69. Do pass. SB 130. Do pass as amended. SB 311. Do pass.
SB 331. Do pass. HB 147. Do pass. HB 380. Do pass.

Respectfully submitted, Gillis of 20th District, Chairman.

Senator Kennedy of the 4th District, Chairman of the Committee on Of fender Rehabilitation, submitted the following report:
Mr. President:
Your Committee on Offender Rehabilitation 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 124. Do pass. HB 125. Do pass. HB 126. Do pass.
Respectfully submitted, Kennedy of 4th District, Chairman.

Senator Brown of the 47th District, Chairman of the Committee on PublicUtilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities 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 324. Do pass by substitute. SR 109. Do pass as amended. SR 110. Do pass.

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JOURNAL OF THE SENATE,

HR 13. Do pass. HR 51. Do pass. HR 72. Do pass.

Respectfully submitted, Brown of 47th District, Chairman.

Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 182. Do pass by substitute.
Respectfully submitted, Lester of 23rd District, Chairman.

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

SB IB. By Senators Traylor of the 3rd, Banks of the 17th, Kidd of the 25th and others:
A bill relating to the development of small businesses; declaring the legislative intent to encourage State purchases from small businesses; requiring the Department of Community Development to assist small businesses and to otherwise coordinate activities relating thereto; pro viding that a meaningful percentage of State purchases and contracts be procured from small businesses.

SB 35. By Senators Reynolds of the 48th and Lester of the 23rd:
A bill to create the "Commission on Efficiency and Performance Evalua tion in Government"; to provide for the appointment of members; to prescribe their terms of office and compensation; to define the duties and powers of said Commission; to require other departments and agencies of State government to cooperate with the Commission.

SB 133. By Senator Howard of the 42nd:
A bill to amend Code Chapter 4-2, relating to relations between principal and agent, as amended, so as to provide that the power of attorney is

THURSDAY, FEBRUARY 27, 1975

1097

not revoked by death of the principal until the agent has actual knowl edge of his principal's death; to provide for redesignation of certain provisions.

SB 166. By Senator Langford of the 51st:
A bill to amend Code Title 68A, known as "The Uniform Rules of the Road", as amended, so as to permit vehicular traffic to turn right when facing a steady CIRCULAR Red signal under certain circumstances.

SB 173. By Senator Doss of the 52nd:
A bill to provide for the issuance of free motor vehicle license tags to former prisoners of war in Southeast Asia who reside in Georgia; to provide the procedures connected therewith.

SB 175. By Senator Overby of the 49th:
A bill to provide for a more efficient and economical handling of the affairs of the State Library, by amending an act approved March 10, 1971, Ga. Laws 1971 p. 45, so as to exclude all state library personnel from coverage under the State Merit System; by amending Chapters 101-1, etc. of Title 101, "State Librarian" of the Code of Ga. of 1933, so as to provide for the maintenance of the State Library, for distribu tion of public documents.

SB 182. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to grant licensed medical practitioners the privilege of treating patients in certain public hos pitals; to provide for exceptions.

SB 203. By Senators Lester of the 23rd, Doss of the 52nd and Fincher of the 54th:
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 March 23, 1960 (Ga. Laws 1960, p. 1138), as amended, so as to change the definition of "persons liable for cost of care".

SB 239. By Senators Traylor of the 3rd, Dean of the 6th and Gillis of the 20th:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the Senate Game and Fish Commission, to game and fish, and to wildlife approved March 7, 1955, (Ga. Laws 1955, p. 483) so as to repeal certain provisions requiring that oysters sold in the shell in Georgia shall be measured in certain circular tubs and providing standards for such tubs and requiring brands.

1098

JOURNAL OF THE SENATE,

SB 281. By Senator Dean of the 6th:
A bill to protect the beaches and dunes of this State; to provide a short title; to provide definitions; to provide for legislative intent; to create the Beach and Dune Protection Commission;; to provide for the com position of said commission; to provide for a chairman of said commis sion.

SB 292. By Senators Broun of the 46th and Starr of the 44th:
A bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act", approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, relating to the issuance of certificates of title for motor vehicles.

SB 305. By Senator Thompson of the 32nd:
A bill to amend Code Chapter 79A-8, known as the Georgia Controlled Substances Act, as amended, so as to change the provisions relating to forfeitures; to provide an effective date.

SB 308. By Senator Langford of the 51st:
A bill to amend an Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act", approved April 8, 1969 (Ga. Laws 1969, p. 272), so as to change the membership of the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators to reflect the reorganization of the Georgia Depart ment of Public Health and the Georgia Water Quality Control Board.

SB 318. By Senators Tate of the 38th, Coverdell of the 40th and Hamilton of the 34th:
A bill to amend Code Section 34-1505, relating to recount or recanvass of votes, as amended, so as to provide for automatic recount or recanvass in certain instances.

SB 332. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", approved Feb. 19, 1951 (Ga. L. 1951, p. 224), as amended, so as to grant the Governor the emergency power to provide welfare benefits to the citizens of Georgia in the form of grants to individuals and families under prescribed conditions, provided that matching federal funds are available for such purposes pursuant to the Federal Disaster Relief Act of 1974.

SB 333. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the "Interstate Civil Defense and Disaster Compact Act", approved April 13, 1973 (Ga. Laws 1973, p. 459),

THURSDAY, FEBRUARY 27, 1975

1099

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.

SB 335. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended, so as to authorize each political subdivision of this State to acquire sites for installation of temporary housing units for victims of disasters.

SR 116. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A resolution proposing an amendment to the Constitution, so as to au thorize counties, municipalities and political subdivisions of the State to obtain federal community disaster loans pursuant to and in accordance with the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288).

HB 27. By Reps. Mullinax of the 69th, Adams of the 14th, Knight of the 67th and Ware of the 68th:
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication so as to change the date on which the pro visions of said Act become effective.

HB 62. By Rep. Howell of the 140th: A bill to change the terms of the Superior Court of Miller County.

HB 69. By Rep. Wall of the 61st:
A bill to amend Code Section 34-1005(b), relating to qualification of candidates for primaries to require the opening of qualifying on the fourth Wednesday in May preceding a primary.

HB 145. By Reps. Toles of the 16th, Adams of the 14th and Childers of the 15th:
A bill to amend Code Title 84, relating to professions, businesses and trades, so as to provide for the regulation and licensing of certain practi tioners of the business of auctioneering.

HB 166. By Rep. Rush of the 121st:
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.

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JOURNAL OF THE SENATE,

HB 174. By Reps. Lambert of the 112th, Carlisle of the 71st, Phillips of the 120th and others:
A bill to provide for the establishment and implementation of a State wide comprehensive soil erosion and sediment control program to con serve and protect land, water, air and other resources of the State; to provide that certain land-disturbing activities may not be carried out without a permit.

HB 193. By Reps. Howell of the 140th, Bray of the 70th, Keyton of the 143rd and Leonard of the 3rd:
A bill to amend Code Title 34, the Georgia Election Code, so as to pro vide that the registration list for any general primary or general elec tion shall close thirty (30) days prior to said primary or election.

HB 197. By Reps. Howell of the 140th, Bray of the 70th, McDonald of the 12th and others:
A bill to amend Code Section 34-1313, relating to regulations in force at polling places, so as to prohibit the carrying of firearms except by certain peace officers.

HB 198. By Reps. Howell of the 140th, Keyton of the 143rd and Bray of the 70th:
A bill to amend Code Section 34-807, relating to special elections held at the time of a general election, so as to provide the regulations by which such special elections shall be held.

HB 243. By Reps. Thompson of the 93rd and Parrish of the 97th:
A bill to amend Code Chapter 84-1, relating to the Joint-Secretary of State Examining Boards, so as to provide that one member of each examining board may be authorized to attend, at State expense when approved by the Joint-Secretary, trade or professional conventions or seminars.

HB 245. By Rep. Ham of the 80th:
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation, so as to change the method of condemn ing private property and interest therein for public road purposes by the Department of Transportation.

HB 250. By Reps. Larsen of the 27th, Elliott of the 49th, Burton of the 47th and others:
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, so as to prohibit the smoking of tobacco in any form in certain public places.

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1101

HB 295. By Reps. Howard of the 19th, Karrh of the 106th, Sizemore of the 136th 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.

HB 297. By Reps. Matthews of the 145th, Buck of the 95th, Karrh of the 106th and others:
A bill to provide for and declare the rights of blind and visually handi capped persons to equal public accommodations and housing; to au thorize blind and visually handicapped persons to be accompanied by guide dogs in certain circumstances.
HB 353. By Rep. Cole of the 6th:
A bill to amend Code Section 95A-306 relating to the State Transporta tion Board so as to provide that the great seal of the State shall be affixed to the commissions of the members of said Board.
HB 382. By Reps. McKinney of the 35th, Blackshear of the 123rd, Petro of the 46th and others:
A bill to amend Code Section 26-2701, relating to definitions used in describing gambling and related offenses, so as to exclude participation in a nonprofit bingo game from the definition of the word "bet"; to exclude nonprofit bingo games from the definition of the word "lottery".

HB 665. By Reps. Lambert of the 112th, Murphy of the 18th, Vaughn of the 57th and others:
A bill to amend an Act known as the Executive Reorganization Act of 1972 so as to authorize the Governor to direct and implement such internal reorganization of the Department of Human Resources as he may find necessary to improve the management and administration of the functions assigned to the Department.

HB 696. By Reps. Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and others:
A bill to amend an Act relating to the State Board of Corrections so as to provide that the State Board of Corrections shall be authorized to pay counties maintaining and operating correctional institutions in which state prisoners are assigned money, appropriated by the General As sembly for this purpose, for each state prison assigned to the county correctional institution.

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JOURNAL OF THE SENATE,

HB 697. By Reps. Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and others:
A bill to amend an Act authorizing the Director of the Department of Corrections to allow inmates of State penal institutions to take special leave for the purpose of participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public.

HR 73. By Rep. Carrell of the 75th:
A resolution proposing an amendment to the Constitution so as to establish minimum qualifications for sheriffs.

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

SB 310. By Senator McGill of the 24th:
A bill to reincorporate 'the City of Crawf ordville in the County of Taliaferro; to create a new charter for said City; to provide for corporate limits; to provide for the government of said City; to provide for the officials thereof and their selection, oath, powers and 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 ayes were 49, nays 0.

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

SB 317. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, as amended, so as to place the tax commissioner on an annual salary in lieu of the fee basis 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 ayes were 49, nays 0.

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

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1103

HB 436. By Mr. Hawkins of the 50th:
A bill to amend an Act approved March 21, 1974, relating to investigative grand juries in counties having a population of not less than 400,000 or more than 600,000, so as to provide these investigative grand juries with subpoena powers.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 534. By Representatives Glanton and Parkman of the 66th: A bill to provide a new Charter for the City of Villa Rica in the counties of Carroll and Douglas.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 662. By Representatives Davis and Tolbert of the 56th, Williamson of the 45th and others:
A bill to amend an Act creating the Recorder's Court of DeKalb County so as to change the provisions relative to the appointment of marshals of 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 49, nays 0.

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

HB 744. By Representative Hudson of the 137th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin so as to change the salary of the clerk; to provide for the employment of secretarial and clerical office employees.

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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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 745. By Representative Hudson of the 137th: A bill to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system so as to change the maximum compensation of the sheriff's deputy.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 749. By Representative Smith of the 78th: A bill to amend an Act creating a new Charter for the City of Barnesville so as to change and update existing city ward 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 751. By Representative Smith of the 78th: A bill to amend an Act creating a new Charter for the City of Zebulon so as to change the date of the regular city election 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 49, nays 0.

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

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1105

HB 753. By Representative Irwin of the 130th:
A bill to amend an Act placing the Sheriff of Randolph County on an annual salary in lieu of the fee system of compensation so as to change the maximum amount for automobile and travel expenses for both the sheriff and the deputy.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 756. By Representative Howell of the 140th:
A bill to provide a new Charter for the City of Jakin in the County of Early.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 775. By Representatives Carr of the 105th and Karrh of the 106th:
A bill to amend an Act placing the Tax Collector of Johnson County on an annual salary in lieu of the fee system of compensation so as to change the annual salary of the tax collector.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 776. By Representatives Carr of the 105th and Karrh of the 106th:
A bill to amend an Act placing the Sheriff of Johnson County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff's deputy.

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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 49, nays 0.

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

HB 788. By Representatives Wood, Whitmire and Jackson of the 9th: A bill to create the Forsyth 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 49, nays 0.

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

HB 790. By Representative Ross of the 76th:
A bill to amend an Act revising, consolidating and superseding the Acts incorporating the Town of Norwood in the County of Warren and pro viding a new charter for said town so as to change the provisions relative to the compensation 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 were 49, nays 0.

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

HR 126. By Representatives Tolbert of the 56th, Linder of the 44th, Williamson of the 54th and others:
A resolution creating the DeKalb County School Property Utilization 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 yeas were 49, nays 0.

THURSDAY, FEBRUARY 27, 1975

1107

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

SB 319. By Senator Shapard of the 28th:
A bill to amend an Act incorporating the Town of Orchard Hill in Spalding County, so as to change the corporate limits of said town; to provide for a referendum.

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

On the passage of the bill, the ayes were 49, nays 0.

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

HB 239. By Messrs. Baugh of the 108th and Parham of the 109th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Baldwin County into the office of Tax Commissioner of Baldwin County.

The Committee on County and Urban Affairs offered the following substitute toHB239:
A BILL
To be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Baldwin County into the office of Tax Commissioner of Baldwin 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 for the compensation of the tax commissioner; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs and emoluments; to provide for periodic statements; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to provide for settlement of disputes between the office of tax commissioner and the governing authority of the county; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The offices of Tax Receiver and Tax Collector of Bald win County are hereby consolidated and combined into the one office of Tax Commissioner of Baldwin County. The rights, duties and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon the tax receivers and tax collectors by the laws of this State.

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JOURNAL OF THE SENATE,

Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Baldwin County in 1976. The person so elected shall take office on the first day of January, following his election and shall serve until December 31, 1980, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election, and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall effect the term of office of the present Tax Collector and Tax Receiver of Baldwin County, and their terms of office shall continue through December 31, 1976. Should any vacancy occur in the office of tax com missioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector.

Section 3. The tax commissioner before entering upon the duties of his office, shall take the oath prescribed by law for tax collectors and shall give bond as provided by law for the tax collector.

Section 4. All taxes due and payable at the time the tax commis sioner takes office shall continue to be due and payable until paid. All tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued.

Section 5. The tax commissioner shall receive an annual base salary of $12,000.00, to be paid in equal monthly installments from funds of Baldwin County. Said base salary shall be increased in the amount of $500.00 per annum for each year of service completed as tax commis sioner up to a maximum of $15,000.00; provided, however, that the initial tax commissioner elected as herein provided shall be given credit at the rate of $500.00 per year up to the maximum of $15,000.00 for each year of prior service to Baldwin County, Georgia, as an elected, full-time county officer. "County officer" as used in this Section shall include only the offices of tax collector, tax receiver, clerk of superior court, Judge of the Probate Court, sheriff and county commissioners.
Section 6. 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 tax commissioner 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.
Section 7. The tax commissioner shall have the authority to deter mine the number of such personnel needed by his office, to classify

THURSDAY, FEBRUARY 27, 1975

1109

positions and to determine the compensation to be paid each employee. If the governing authority of the county does not approve such number of employees and their compensation and the said governing authority and tax commissioner cannot agree on a compromise, such dispute shall be presented to the grand jury of the county for settlement. If the governing authority or the tax commissioner is not agreeable to the
decision of the grand jury, such dispute shall be presented to the judge of the superior court. The decision of the judge relative to the number of employees and their compensation shall be final.

Section 8. The necessary operating expenses of the office of the tax commissioner, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purposes. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment and the repair, replacement and main tenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Baldwin County.

Section 9. This Act shall become effective January 1, 1977, except the provisions of Section 2 relative to the election of the tax commis sioner, which shall become effective on January 1, 1976.

Section 10. 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 0, and the substitute was adopted.

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

On the passage of the bill, the ayes were 49, nays 0.

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

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

Ballard Banks Barker Barnes Bell Bond
Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th Doss Duncan
Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill
Holley Holloway

1110
Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell

JOURNAL OF THE SENATE,

McDuffie McGill Overby Reynolds Riley Robinson Shapard Starr Stephens

Stumbaugh Summers Button Tate Thompson Timmons Traylor Tysinger Young

Those not answering were Senators:

Dean of 31st Pearce

Russell Turner

Warren

Senator Barker of the 18th introduced as Chaplain, The Reverend Carl Green, pastor, Houston Road Church of God, Warner Robins, Georgia, who offered scrip ture reading and prayer.

The following resolution of the House was read and adopted:

HR 256. By Rep. Noble of the 48th: A resolution commending the Georgia Baptist Convention for its pro posed bicentennial rally.
SENATE CALENDAR
Thursday, February 27, 1975
SB 107. Georgia CriminalJustice Council--create (SUB) SB 188. Reports of Child Abuse and Neglect--reports confidential (SUB) SB 199. Mother of Illegitimate Child--testify of adultery (SUB) SB 248. Certain Types of Warehouses or Storage Spaces--requirements SR 46. Officer Killed in Line of Duty--program of indemnification (SUB) SR 84. Baldwin County--conveyance of property SR 85. Baldwin County--conveyance of property HB 36. Foreclosure Proceedings--notice of intent to sell HB 74. Jury Duty Exemption--change provisions for women HB 134. Adopted Child--inherit from adopted parents' relatives HB 207. Drawing Grand Jurors--increase number may be drawn HB 258. Uniform Reciprocal Enforcement Act--include Canada

THURSDAY, FEBRUARY 27, 1975

1111

HR 75. Coweta County--conveyance certain tract of land HR 121. Kennesaw--lease of tract of State-owned property

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

SB 188. By Senator Hamilton of the 26th:
A bill to provide for the confidentiality of certain records concerning reports of child abuse and neglect; to provide that it shall be unlawful to permit unauthorized persons to examine or inspect such confidential records; to provide a penalty; to provide an effective date.

The Senate Committee on Human Resources offers the following substitute to SB 188:
A BILL
To be entitled an Act to provide for the confidentiality of records concerning reports of child abuse and neglect; to provide that it shall be unlawful to permit unauthorized persons to examine or inspect such confidential records; to provide a penalty; to provide that the Board of Human Resources may promulgate appropriate rules and regulations; to provide for an effective date; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Each and every record concerning reports of child abuse and neglect which is in the custody of the Department of Human Re sources or other State or local agency is hereby declared to be confi dential and access thereto is hereby prohibited except as provided in Section 2 of this Act.
Section 2. (a) Notwithstanding the provisions of Section 1, the following persons or agencies shall have reasonable access to such records concerning reports of child abuse and neglect:
(1) A legally mandated, public or private, child protective agency investigating a report of known or suspected child abuse or neglect or treating a child or family which is the subject of a report or record;
(2) A court, by subpoena, upon its finding that access to such records may be necessary for determination of an issue before such court; provided, however, that the court will examine such record in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then before it; and

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JOURNAL OP THE SENATE,

(3) A' grand jury by subpoena upon its determination that access to such records is necessary in the conduct of its official business.

(b) The Department of Human Resources or a county or other State or local agency may permit access to such records concerning reports of child abuse and neglect to the following persons or agencies when deemed appropriate by such Department:

(1) A physician who has before him a child whom he reason ably suspects may be abused or neglected;
(2) Police or other law enforcement agency investigating a report of known or suspected abuse or neglect;
(3) A person legally authorized to place a child in protective custody when such person has before him a child he reasonably suspects may be abused or neglected and such person requires the information in the record or report in order to determine whether to place the child in protective custody; and
(4) An agency or person other than a child's parent or guardian having the legal custody, responsibility or authorization to care for, treat or supervise the child who is the subject of a report or record.
Section 3. Any person who authorizes or permits any person or agency not listed in Section 2 of this Act to have access to such records concerning reports of child abuse and neglect declared confidential by Section 1 hereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
Section 4. The Board of Human Resources may adopt rules and regulations not inconsistent with this Act.
Section 5. Nothing in this Act is intended to conflict with any provision of federal law or to result in the loss or denial of federal funds. The Board of Human Resources shall adopt rules and regulations neces sary to prevent conflict with federal law or the loss of federal funds.
Section 6. This Act shall become effective upon its approval by, the Governor or upon its becoming law without his approval.

Section 7. 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 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 unconstitional 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.

THURSDAY, FEBRUARY 27, 1975

1113

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 33, 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 Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Voting in the negative was Senator Tysinger.

Overby Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Tate Thompson Traylor Turner Warren Young

Those not voting were Senators:

Brantley Gillis

Hill Russell

Sutton Timmons

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

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

SB 199. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend Code Section 74-9902, relating to abandonment of minor children, as amended, so as to provide that the mother of an illegitimate

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JOURNAL OF THE SENATE,

child or children, in the prosecution of the accused father of such illegitimate child or children, shall not be prohibited from testifying as to her adultery with the said accused father under certain conditions.

The Committee on Judiciary offered the following substitute to SB 199:
A BILL
To be entitled an Act to amend Code Section 38-1606, relating to incompetency of witnesses in any action, suit or proceeding in any court instituted in consequence of adultery, as amended, so as to provide that neither said Code Section nor Code Section 38-1603, relative to persons competent to testify, as amended, shall prohibit a married woman from testifying as to her adultery with the father of her illegitimate child or children in a proceeding brought under Code Section 74-9902, relating to abandonment of minor children, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 38-1606, relating to incompetency of wit nesses in any action, suit or proceeding in any court instituted in consequence of adultery, as amended, is hereby amended by striking the period at the end of said Code Section and inserting in lieu thereof the following:
"; provided further that neither this Section nor Section 38-1603, relative to persons competent to testify, as amended, shall prohibit a married woman from testifying as to her adultery with the father of her illegitimate child or children in a proceeding brought under Code Section 74-9902, relating to abandonment of minor children, as amended.",
so that when so amended, said Code Section 38-1606 shall read as follows:
"38-1606. Adultery cases. Nothing contained in Section 38-1603 shall apply to any action, suit, or proceeding in any court, instituted in consequence of adultery: Provided, however, that this Section shall not prevent a party charged with adultery from being compe tent to testify as to his or her innocence of such charge; provided further that neither this Section nor Section 38-1603, relative to persons competent to testify, as amended, shall prohibit a married woman from testifying as to her adultery with the father of her illegitimate child or children in a proceeding brought under Code Section 74-9902, relating to abandonment of minor children, 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 yeas were 30, nays 0, and the com mittee substitute was adopted.

THURSDAY, FEBRUARY 27, 1975

1115

The report of the committee, which was favorable to the adoption 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Hill Holley

Holloway

Tate

Hudgins

On the passage of the bill, the yeas were 51, nays 0.

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

Senator Lester of the 23rd moved that the following bill of the Senate be withdrawn from consideration of the Senate:

SB 259. By Senators Lester of the 23rd, Summers of the 53rd, Kidd of the 25th and Starr of the 44th:
A bill to provide for certain rights and responsibilities of blind or visually handicapped persons and persons who are otherwise physically disabled; to provide for a short title; to provide that it is the policy of this State to encourage and enable the blind, the visually handicapped and persons who are otherwise physically disabled to participate fully in the social and economic life of the State and to engage in remunera tive employment.

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JOURNAL OP THE SENATE,

On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 259 was withdrawn from consideration of the Senate.

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

SB 248. By Senators Warren of the 43rd, Stumbaugh of the 55th and Starr of the 44th:
A bill to provide requirements relative to certain types of warehouses or storage spaces; to provide for a short title; to provide for definitions and for certain exclusions from the provisions of this Act; to provide for certain required information and for the execution of a certain document under oath.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge

Fincher Poster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley
Howard Hudson Kidd Langford Lester Lewis McDowell McGill

Those voting in the negative were Senators:

Dean of 6th Kennedy

McDuffie Tate

Those not voting were Senators:

Hill Holloway Hudgins

Pearce Russell

Overby Reynolds Riley Robinson Shapard Starr Stumbaugh Summers Sutton Thompson Turner Tysinger Warren Young
Traylor
Stephens Timmons

On the passage of the bill, the yeas were 44, nays 5.

THURSDAY, FEBRUARY 27, 1975

1117

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

Senator Holloway of the 12th assumed the Chair.

SR 46. By Senators Hudson of the 35th and Stephens of the 36th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a program of indemnification with respect to the death of any law enforce ment officer killed in the line of duty; to provide for 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:

"The General Assembly is hereby authorized to provide by law for a program of indemnification with respect to the death of any law enforcement officer who is or has been killed in the line of duty subseqeunt to January 1, 1973. Such law may provide for the method of payment of such indemnification and all other matters relative thereto; provided, that no such law may provide an indemnification with respect to the death of a law enforcement officer which is in excess of $50,000. The General Assembly is hereby authorized to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this paragraph."
Section 2. 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 General Assembly to provide an
( ) NO indemnification with respect to the death of a law enforcement officer killed in the line of duty in an amount not to exceed $50,000?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

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JOURNAL OF THE SENATE,

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The Committee on Judiciary offered the following substitute to SR 46:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a program of indemnification with respect to the death of any law enforcement officer, fireman or prison guard killed in the line of duty; 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 I, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:
"The General Assembly is hereby authorized to provide by law for a program of indemnification with respect to the death of any law enforcement officer, fireman or prison guard who is killed in the line of duty. Such law may provide for the method of payment of such indemnification and all other matters relative thereto; provided, that no such law may provide an indemnification with respect to the death of a law enforcement officer, fireman or prison guard which is in excess of $50,000. The General Assembly is hereby authorized to levy taxes and to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this paragraph."
Section 2. 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 General Assembly to provide by law for indemnification with respect to the death
( ) NO of a law enforcement officer, fireman or prison guard killed in the line of duty in an amount not to exceed $50,000?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph

THURSDAY, FEBRUARY 27, 1975

1119

of the Constitution, it shall become a part of the Constitution of this State.

On the adoption of the substitute, the yeas were 38, nays 0, 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, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Tysinger Warren Young

Those not voting were Senators:

Duncan Hamilton of 34th

Hill Holloway (presiding)

Hudgins Turner

On the adoption of the resolution, the yeas were 50, nays 0.

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

SR 84. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain State owned real property located in Baldwin County, Georgia, t6 Mr. George E. Youngblood.

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JOURNAL OF THE SENATE,

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

On the adoption of the resolution, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard
Banks Barker Barnes Bell Bond Brantley
Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie

McGill Overby Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Duncan Holloway (presiding) Howard

Pearce Reynolds Russell

Summers Thompson Warren

On the adoption of the resolution, the yeas were 47, nays 0.

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

SR 85. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain State owned real property located in Baldwin County, Georgia, to Mr. George E. Youngblood.

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

On the adoption of the resolution, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

THURSDAY, FEBRUARY 27, 1975

1121

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes 'Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Poster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell

McGill Overby Riley Robinson Shapard Starr Stephens Stumbaugh Summers Tate Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Duncan Holloway (presiding) McDuffie

Pearce Reynolds Russell

Sutton Thompson Warren

On the adoption of the resolution, the yeas were 47, nays 0.

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

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 31. By Representatives Burruss of the 21st, Shanahan of the 7th and Ross of the 76th:
A bill to create the Georgia Municipal Electric Authority as an insti tution of purely public charity performing an essential governmental function; to authorize the Authority, as sole owner or in common with others, to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects embracing generation and transmission of electric power and energy.

Senator Brown of the 47th moved that the Senate insist upon the substitute of the Senate to HiB 31.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the substitute of the Senate to HB 31 was insisted upon.

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

HB 19. By Representatives Ham of the 80th and Tucker of the 73rd:
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.

HB 842. By Representative Walker of the 115th:
A bill to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968 and creating the State Planning and Community Affairs Policy Board so as to provide that exclusive authority to appoint members of an Area Planning and Development Commission shall be vested in the member cities and counties.

The following bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 134. By Representative Alexander of the 38th:
Senate Sponsor: Senator Howard of the 42nd.
A bill to amend an Act revising the adoption laws so as to provide that an adopted child may take by inheritance from relatives of the adopting parents.

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

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bond Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins

Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill

THURSDAY, FEBRUARY 27, 1975

1128

Overby Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh

Summers Button Tate Thompson Timmons Traylor Turner Tysinger

Those not voting were Senators:

Bell Duncan Holloway (presiding)

McDuffie Pearce Russell

Warren Young

On the passage of the bill, the yeas were 48, 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 13. By Senators Coverdell of the 40th and Howard of the 42nd:
A bill to amend Code Chapter 34-10 of the "Georgia Election Code", relating to the nomination of candidates, as amended, so as to prohibit any person from qualifying with more than one political party during the same calendar year.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Chapter 34-10 of the "Georgia Election Code", relating to the nomination of candidates, as amended, so as to prohibit any person from qualifying with any political party as a candidate for nomination to any public office when such person, has qualified for the same primary with another political party as a candidate for nomination by that party for any public office; to provide that persons shall not be certified as candidates under certain condi tions; to amend Code Section 34A-&06 of the "Georgia Municipal Elec tion Code", relating to the qualification of candidates and the automatic nomination of unopposed candidates, as amended, so as to prohibit any person from qualifying with any political party as a candidate for nomination to any municipal office when such person has qualified for the same primary with another political party as a candidate for nom ination by that party for any municipal office; to provide that persons shall not be certified as candidates under certain conditions; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Chapter 34-10 of the "Georgia Election Code", relating to the nomination of candidates, as amended, is hereby amended by adding at the end of said Code Chapter a new Code Section to be designated Code Section 34-1016 and to read as follows:
"34-1016. Qualification for nomination with more than one political party prohibited. No person shall qualify with any political party as a candidate for nomination to any public office when such person has qualified for the same primary with another political party as a candidate for nomination by that party for any public office; nor shall a State executive committee or county executive committee of any political party certify any person as the can didate of said party when such person has previously qualified as a candidate for nomination for any public office for the same primary with another political party."
Section 2. Code Section 34A-906 of the "Georgia Municipal Elec tion Code", relating to the qualification of candidates and the automatic nomination of unopposed candidates, as amended, is hereby amended by adding a new subsection at the end of said Code Section to be designated subsection (d) and to read as follows:
"(d) No person shall qualify with any political party as a candidate for nomination to any municipal office when such person has qualified for the same primary with another political party as a candidate for nomination by that party for any municipal of fice; nor shall a municipal or other appropriate executive committee of a political party certify any person as the candidate of said party when such person has previously qualified as a candidate for nomination for any public office for the same primary with another political party."

Section 3. 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 13.

On the motion, the yeas were 37, nays 1; the motion prevailed, and the substitute of the House to SB 13 was agreed to.

The following bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 207. By Representative Larsen of the 27th: Senate Sponsor: Senator Overby of the 49th. 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

THURSDAY, FEBRUARY 27, 1975

1125

increase from 36 to 60 the maximum number of names that may be drawn.

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

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds
Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Warren Young

Those not voting were Senators:

Bond Hill Holloway (presiding)

Hudson Russell

Timmons Tysinger

On the passage of the bill, the yeas were 49, nays 0.

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

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:
HB 74. By Representative Larsen of the 27th:
Senate Sponsor: Senator Overby of the 49th.
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 so as to change the provisions relating to rights and liabilities of females; to amend an Act relating to jury service of women.

1126

JOURNAL OF THE SENATE,

Senator McDuffie of the 19th offered the following amendment:

Amend HB 74 by adding on line 23 Page 1, at the end the following "Absences from their employment incurred by teachers and principals due to jury duty shall be excused absences and such absences shall not be charged to the teachers or principals accumulated sick leave."

On the adoption of the amendment, the yeas were 38, 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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Coverdell Dean of 31st Doss

Duncan Eldridge Foster Garrard Hamilton of 26th Hamilton of 34th Howard Hudgins Kidd Langford Overby

Pearce Reynolds Robinson Shapard Stumbaugh Summers Sutton Tate Thompson Tysinger Warren

Those voting in the negative were Senators:

Brown of 47th Carter Dean of 6th Gillis Holley Hudson Kennedy

Lester Lewis McDowell McDuffie McGill Riley

Those not voting were Senators:

Fincher Hill

Holloway (presiding)

Starr Stephens Timmons Traylor Turner Young
Russell

On the passage of the bill, the yeas were 33, nays 19.

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

The President resumed the Chair.

THURSDAY, FEBRUARY 27, 1975

1127

The following bill of the Senate, passed February 24, reconsidered February 25 and postponed until February 2,7, was put upon its passage:

SB 107. By Senators Langford of the 51st, Starr of the 44th and Howard of the 42nd:
A bill to amend the "Georgia Criminal Justice Act", approved April 8, 1968 (Ga. Laws 1968, p. 999), so as to create the Georgia Criminal Justice Council; to provide for membership of the Council, their qual ifications, appointment, election, compensation, expenses, terms of of fice, succession, duties, powers, purposes, authority and responsibilities; to provide for the allocation of expenses and costs; to provide for repre sentation in State and federal courts.

The following Judiciary Committee substitute to SB 107 was adopted by the Senate on February 24:
A BILL
To be entitled an Act to amend the "Georgia Criminal Justice Act", approved April 8, 1968 (Ga. Laws 1968, p. 999), so as to create the Georgia Criminal Justice Council; to provide for membership of the Council, their qualifications, appointment, election, compensation, ex penses, terms of office, succession, duties, powers, purpose, authority and responsibilities; to provide for a method of filling vacancies; to provide for meetings of the Council; to provide for officers of the Council and their terms; to provide for rules for the transaction of business; to provide for representation by counsel of indigents accused of a crime; to provide for services and facilities for indigent persons in criminal proceedings; to provide for the use of certain State, county or municipal evaluation facilities; to provide for the use of certain private facilities; to provide for employment of personnel; to provide for office space, furniture, equipment, books, postage, supplies and other items of expense; to provide for the appropriation of funds; to provide for appointment and compensation of court-appointed attorneys; to provide for the allocation of expenses and costs; to provide for records and reports; to provide for representation in State courts; to provide that the protections provided by this Act do not exclude any protection or sanction that the law otherwise provides; 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. The "Georgia Criminal Justice Act", approved April 8, 1968 (Ga. Laws 1968, p. 999), is hereby amended by adding, following Section 15, ten new sections, to be designated Sections 15.1 through 15.10, to read as follows:
"Section 15.1. (a) The Georgia Criminal Justice Council is hereby established. The Council shall be composed of seven mem-

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JOURNAL OF THE SENATE,

bers. Three of the members shall be appointed by the Governor and four of the members shall be attorneys with an evidenced interest in, and concern for, the administration of criminal justice, to be appointed by the Executive Committee of the Board of Gov ernors of the State Bar of Georgia. One member appointed by the Governor shall be appointed for an initial term of office of two years and two members shall be appointed for an initial term of four years. Two of the members appointed by the Executive Committee of the Board of Governors of the State Bar of Georgia shall be appointed for initial terms of two years and two of such members shall be appointed for initial terms of four years. Following the initial terms of office, all members of the Council shall be appointed for terms of office of four years each and until their respective successors are duly appointed and qualified. The initial members of the Council shall take office within 30 days of the effective date of this Section and shall serve until the first day of July of the year their terms of office expire. The succeeding members of the Council shall begin their terms of office on the first day of July of the year in which they are appointed. No person shall be eligible to succeed himself for a consecutive term as a member of the Council.

(b) In the event a vacancy occurs in the Council, the authority appointing a member whose seat is vacant shall appoint a qualified person to serve for the remainder of the unexpired term of the member whose seat is vacant. The person appointed to fill such vacancy shall take office immediately upon his appointment.

Section 15.2. The Council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The Council shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the trans action of its business as it shall desire. The members of the council shall receive no compensation for their services, but shall be reim bursed for their actual expenses incurred in the performance of their duties as members of the Council.

Section 15.3. The Georgia Criminal Justice Council shall have the following purposes: (a) To prepare reports and such other information as allowed by this Act, and to prepare budget informa tion of State appropriations and funding necessary to fulfill its purposes.
(b) To coordinate, furnish supportive services, upgrade and expand local efforts in the provision of counsel to indigents accused of a crime including, but not limited to, training seminars, prepara tion of manuals and educational materials, evaluations, and a com pilation of statistical data.

(c) To provide for representation by counsel, including ap peals of right in State Courts, to provide for services and facilities in criminal proceedings to those persons who, by reason of their poverty, are unable to retain private counsel, to provide that such persons being detained by law enforcement officers or who are

THURSDAY, FEBRUARY 27, 1975

1129

under formal charge or having committed a crime shall be informed of certain rights and be represented at every stage of the proceed ing against them by competent counsel.

(d) Until such time as a rule is adopted by the Supreme Court of Georgia establishing standards for the determination of indigency the trial judge is the final arbiter of indigency.
(e) The Council shall use and employ the services of attorneys engaged in the private practice of law within the judicial circuit whenever available in accordance with established criteria.
(f) To provide for other matters relative to the foregoing and to fulfill its purposes under this Act.
Section 15.4. Use of State Facilities. An attorney representing an indigent person under this Act is entitled to use the same State, county or municipal evaluation facilities for the evaluation of evidence as are available to the State or local prosecutor. If the attorney considers their use impractical, the court concerned may authorize the use of private facilities and authorize the cost thereof to be paid, with the approval of the Council pursuant to regulations promulgated by the Council, appropriated to or other wise available to the Council.
Section 15.5. Personnel and Facilities, (a) The Council may employ such staff, professional, administrative and otherwise, as it deems necessary to carry out its responsibilities under this Act, and provide compensation and expenses for said staff from funds appropriated to or otherwise available to the Council.

(b) Whenever it considers it appropriate, the Council may contract with any private or public legal aid or other nonprofit organizations that are equipped to provide the services to indigents covered in this Act or to carry out any function of the Criminal Justice Council, using funds appropriated to or otherwise available
to the Council.

(c) Office space, furniture, equipment, books, postage, sup plies, and such other items of expense as are necessary to carry out the purposes of this Act shall be purchased out of funds appro priated to or otherwise available to the Council.

Section 15.6. Court-Appointed Attorneys. The 'Council may determine and pay a reasonable rate of compensation for the services of private court-appointed attorneys, as well as the direct expenses necessary to such representation. Payment or reimbursement shall be made out of funds appropriated to or otherwise available to the Council.

Section 15.7. Allocation of Expenses and Cost. Any reason able expense, including the cost of the transcript or other substitute

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JOURNAL OF THE SENATE,

for a transcript that is directly and necessarily incurred in repre senting indigents under this Act, may be paid to the person in curring said expense from funds appropriated to or otherwise avail able to the Council.
Section 15.8. Records and Reports, (a) The Council shall sub mit an annual report to the Governor, the General Assembly, and to the Board of Governors of the State Bar of Georgia showing the number of persons represented under this Act, the crimes involved, the outcome of each case, and the expenditures totaled by kind made in carrying out the responsibilities imposed by this Act. In cluded in this report shall be the information furnished to the Council by county governing authorities as prescribed in this Act.

(b) The Council shall prepare and submit budget estimates of State appropriations necessary for fulfilling its purposes. The Council may also seek funding from other sources, if available, to help fulfill its purposes.
Section 15.9. Representation in State Courts. This Act ap plies only to representation in or with respect to the courts of this State, or any political subdivision thereof.
Section 15.10. Protections not Exclusive. The protections pro vided by this Act shall not exclude any protection or sanction that the law otherwise provides."
Section 2. Severability. If a provision or an application of a pro vision of this Act is held invalid, the valid provisions and applications that can be given effect without the invalid provision or application are intended to be in effect. To this end, the provisions of this Act are severable.
Section 3. Effective Date. This Act shall become effective upon its approval by the Governor, or upon its becoming law without his approval. However, it shall continue to be the financial responsibility of the county governing authority of each county within the State of Georgia to provide representation of indigents as required by law prior to the effective date of this Act, and do file such records and re ports thereon as the Council shall require until such time as adequate funds are made available to the Council and until such time as the Council has accepted the responsibility for providing representation of indigents after approval by the Superior Court Judge or Judges of the Judicial Circuit and the county governing authority.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Coverdell of the 40th moved that the substitute to SB 107, adopted February 24 be reconsidered.

On the motion, the yeas were 43, nays 0; the motion prevailed, and the substitute to SB 107 was reconsidered.

THURSDAY, FEBRUARY 27, 1975

.1131

Senator Coverdell of the 40th offered the following amendment:

Amend the committee substitute to SB 107 by inserting on Page 4, line 11, after the word "criteria.", the words:

"Whenever there is a public defender funded by public funds, the Council shall contract with such program in accordance with established criteria."

On the adoption of the amendment, the yeas were 45, nays 1, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 46, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Duncan

Fincher Foster Garrard Gillis Holley Holloway Howard Hudson Langford Lester

Lewis McDowell Overby Pearce Riley Starr Stephens Tate Turner Warren

Those voting in the negative were Senators:

Banks Dean of 6th Dean of 31st Doss Eldridge Hamilton of 26th Hamilton of 34th Hill

Hudgins Kennedy Kidd McGill Reynolds Robinson Shapard Stumbaugh

Summers Sutton Thompson Timmons Traylor Tysinger Young

Those not voting were Senators:

Broun of 46th

McDuffie

Russell

On the passage of the bill, the yeas were 30, nays 28.

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JOURNAL OF THE SENATE,

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

Senator Starr of the 44th moved that SB 107 be immediately transmitted to the House.

On the motion, the yeas were 39, nays 1; the motion prevailed, and SB 107 was immediately transmitted to the House.

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

HB 258. By Representative Irvin of the 23rd:
Senate Sponsor: Senator Brantley of the 56th.
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.

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 Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby

Pearce Reynolds Riley Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren

Those voting in the negative were Senators Hudgins and Robinson.

THURSDAY, FEBRUARY 27, 1975

1133

Those not voting were Senators:

Brantley Dunean Fincher

Holloway MeDuffie Russell

Timmons Young

On the passage of the bill, the yeas were 46, nays 2.

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

HR 75. By Representatives Knight of the 67th and Ware of the 68th: Senate Sponsor: Senator Brown of the 47th.
A resolution authorizing the conveyance of a certain tract or parcel of land located in Coweta County, to Harrison Ward and Alma Lilly Ward.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Holley Hudgins Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Dunean Hamilton of 34th Hill

Holloway Howard Hudson

MeDuffie Russell Timmons

On the adoption of the resolution, the yeas were 46, nays 0.

1134

JOURNAL OF THE SENATE,

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

HR 121. By Representatives Wilson of the 19th, Kreeger and Burruss of the 21st:
Senate Sponsor: Senator Barnes of the 33rd.
A resolution authorizing the lease of a certain .tract of State-owned property located in the City of Kennesaw.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce

Those not voting were Senators:

Broun of 46th Carter Duncan

Hill Holloway MeDuffie

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young
Russell Timmons

On the adoption of the resolution, the yeas were 48, nays 0.

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

The following bills of the House were read the first time and referred to committees:
HB 19. By Representatives Ham of the 80th and Tucker of the 73rd:
A bill to add one additional judge of the Superior Courts of the Flint Judicial Circuit of Georgia; to provide for the appointment of the initial additional judge and his term of office. Referred to Committee on Judiciary.

THURSDAY, FEBRUARY 27, 1975

1135

HB 842. By Representative Walker of the 115th:
A bill to amend an Act implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968 and creating the State Planning and Community Affairs Policy Board so as to provide that exclusive authority to appoint members of an Area Planning and Development Commission shall be vested in the member cities and counties.
Referred to Committee on County and Urban Affairs.

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

HB 36. By Representative Alexander of the 38th: Senate Sponsor: Senator Banks of the 17th.
A bill providing for confirmation of sales under foreclosure proceedings on real estate so as to provide that no sale of real estate under powers contained in deeds to secure debt shall be valid unless notice of intent to sell such property has been mailed by the grantee, assignee or transferee of the deed to secure debt to the apparent owner by certified mail.

Senator Warren of the 43rd offered the following amendment:
Amend HB 36 by adding in the title on line 7 of Page 1, between the word "owner" and the word "by", the following:
"and to other persons holding a lien on such property".
By adding after the word "occur", on line 10 of Page 2, the following:
", and unless a notice containing the same information as the advertisement shall have been given in person or by certified mail to the following; any person, firm or corporation who has filed for record a lien on the real estate under Code Chapter 67-20 at least forty-five (45) days prior to said sale and who has, at least fortyfive (45) days prior to the date of said sale, given written notice to the holder of the power of sale of (a) the existence of the lien, (b) the amount claimed, and (c) the mailing address to which the foreclosure notice is to be sent. The postal receipt reflecting the mailing of the certified mail shall suffice as evidence of com pliance. A recitation in the deed made pursuant to said sale that this Section has been complied with shall be conclusive evidence of com pliance."

On the adoption of the amendment, the yeas were 32, nays 1, and the amend ment was adopted.

1136

JOURNAL OP THE SENATE,

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Coverdell Dean of 6th Eldridge

Garrard Hill Holley Howard Hudgins Lester McDowell Pearce

Riley Robinson Shapard Stumbaugh Sutton Traylor Tysinger Warren

Those voting in the negative were Senators:

Barker Bond Broun of 46th Brown of 47th Dean of 31st Doss Fincher Foster Gillis

Hamilton of 26th Hamilton of 34th Holloway
Hudson Kennedy Kidd Langford Lewis McGill

Overby Reynolds Starr Stephens Summers Tate Thompson Timmons Turner

Those not voting were Senators:

Carter Duncan

McDuffie Russell

Young

On the passage of the bill, the yeas were 24, nays 27.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Banks of the 17th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 36.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 111. By Senator Holloway of the 12th:
A bill to amend Code Section 47-107, relating to the salary and allow ances of members of the General Assembly, as amended by an Act

THURSDAY, FEBRUARY 27, 1975

1137

approved March 16, 1966, so as to provide for compensation for Senate and House of Representatives Administration and Assistant Administra tion Floor Leaders.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 47-107, relating to the salary and allowances of members of the General Assembly, as amended by an Act approved March 16, 1966 (Ga. Laws 1966, p. 544), an Act approved March 17, 1967 (Ga. Laws 1967, p. 39), an Act approved March 23, 1970 (Ga. Laws 1970, p. 647), an Act approved March 29, 1971 (Ga. Laws 1971, p. 207), and an Act approved March 16, 1972 (Ga. Laws 1972, p. 248), so as to provide the procedure for additional com pensation for the Administration Floor Leader of the Senate and the Administration Floor Leader of the House of Representatives; 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 47-107, relating to the salary and allowances of members the General Assembly, as amended by an Act approved March 16, 1966 (Ga. Laws 1966, p. 544), an Act approved March 17, 1967 (Ga. Laws 1967, p. 39), an Act approved March 23, 1970 (Ga. Laws 1970, p. 647), an Act approved March 29, 1971 (Ga. Laws 1971, p. 207), and an Act approved March 16, 1972 (Ga. Laws 1972, p. 248), is hereby amended by striking the following:
"The Majority Leader and the Minority Leader of the House of Representatives and the Majority Leader, the Minority Leader, the Administration Floor Leader and the Assistant Administration Floor Leader of the Senate shall each receive such additional amount per annum as shall be provided by resolution of the respective Houses, but such amount for each shall not be greater than the additional amount provided for herein for the Speaker Pro Tempore of the House of Representatives.",
and inserting in lieu thereof the following:
"The Majority Leader, the Minority Leader, and the Adminis tration Floor Leader of the House of Representatives, and the Majority Leader, the Minority Leader, and the Administration Floor Leader of the Senate, shall each receive such additional amount per annum as shall be provided by resolution of the respec tive Houses, but such amount for each shall not be greater than the additional amount provided by law for the Speaker Pro Tempore of the House of Representatives."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

1138

JOURNAL OF THE SENATE,

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 sub stitute of the House to SB 111.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the substitute of the House to SB 111 was disagreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 89. By Senators Holloway of the 12th and Riley of the 1st:
A bill to amend an Act re-creating and reestablishing the Georgia Com mission for the National Bicentennial Celebration, approved April 5, 1973, as amended by an Act approved March 21, 1974, so as to change the membership of said Commission.

The House amendment was as follows:
Amend SB 89 on Page 2 line 11, by striking "thirteen" and adding "fourteen"; and
Adding on line 19 the "Georgia Association of Historians"; and renumber accordingly.

Senator Holloway of the 12th moved that the Senate agree to the House amendment to SB 89.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the amendment of the House to SB 891 was agreed to.

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

SR 63. By Senator Broun of the 46th:
A resolution electing Mrs. Melba R. Williams as a member of the State Elections 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:

THURSDAY, FEBRUARY 27, 1975

1139

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th 'Brown of 47th Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Carter Duncan

Hudgins McDuffie

Russell Young

On the adoption of the resolution the yeas were 50, nays 0.

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

The President announced the Senate would stand in recess from 12:55 o'clock P.M. until 4:30 o'clock P.M.

The President called the Senate to order at 4:30 o'clock P.M. and announced that the recess would continue until 6:00 o'clock P.M. because the Conference Committee report on House Bill 169 to be considered had not been printed.

The President called the Senate to order at 6:00 o'clock P.M.

The following communication from His Excellency, Governor George Busbee, was read by the Secretary:

1140

JOURNAL OF THE SENATE,

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334

February 27, 1975

Honorable Zell Miller Lieutenant Governor and President of the Senate and Members of the Senate State Capitol Atlanta, Georgia 30334

Dear Lt. Gov. Miller and Members of the Senate:

I submit to you, as provided by law, the following appointments for confirmation:

Honorable Nickolas P. Chilivis of Clarke County as State Revenue Commissioner for a term beginning January 14, 1975, and serving at the pleasure of the Governor.

Honorable Billy Maddox Jones of Worth County as Adjutant Gen eral of Georgia for a term beginning January 14, 1975, and serving at the pleasure of the Governor for a term concurrent with the term of the Governor.

Honorable Holden C. West of Bibb County as Assistant Adjutant General for Army for a term beginning January 14, 1975, and serving at the pleasure of the Governor.

Honorable Billy J. Clack of Gwinnett County as Deputy Director of Civil Defense for the State of Georgia, for a term beginning January 14, 1975, and serving at the pleasure of the Governor.

Honorable James T. Mclntyre, Jr. of Fulton County as Director of the Office of Planning and Budget for a term beginning January 14, 1975, and serving at the pleasure of the Governor.

Honorable Jimmy E. Bloodworth of Bibb County as a member of the Board of Public Safety, for a term beginning January 28, 1975, and ending January 20, 1978.

Honorable Bill Davis of Morgan County as a member of the Georgia Forest Research Council for a term beginning February 27, 1975, and ending January 1, 1984.

Honorable Duross Fitzpatrick of Twiggs County as a member of the Georgia Forest Research Council for a term beginning February 27, 1975, and ending January 1, 1984.

THURSDAY, FEBRUARY 27, 1975

1141

Honorable Eley C. Frazer of Dougherty County as a member of the Georgia Forestry Commission for a term beginning February 27, 1975, and ending January 1, 1982.

Honorable J. Wimbric Walker of Telfair County as a member of the Board of Natural Resources for a term beginning February 27, 1975, and ending January 1, 1982.

Honorable Lloyd L. Summer, Jr. of Floyd County as a member of the Board of Natural Resources for a term beginning February 27, 1975, and ending January 1, 1982.

Honorable Ralph NeSmith of Chatham County as a member of the Georgia Real Estate Commission for a term beginning February 27, 1975, and ending as provided by law.

Mrs. Patsy G. Cooper of Muscogee County as a member of the Georgia Real Estate Commission for a term beginning February 27, 1975, and ending as provided by law.

Dr. Virginia L. Jones of Fulton County as a member of the State Board for the Certification of Librarians for a term of office beginning February 27, 1975, and ending January 1, 1980.

Dr. William K. Boardman of Clarke County as a member of the State Board of Examiners of Psychologists for a term beginning February 27, 1975, and ending January 7, 1980.

Honorable Charles T. Oxford of Dougherty County as a member of the Board of Regents of the University System of Georgia for a term beginning February 27, 1975, and ending January 1, 1982.

Honorable Elridge W. McMillan of Fulton County as a member of the Board of Regents of the University System of Georgia for a term beginning February 27, 1975, and ending January 1, 1982.

Honorable Hugh Blanton of Lowndes County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts for a term beginning February 27, 1975, and ending January 1, 1979.

Sincerely, Is/ George 'Busbee

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 31. By Representatives Burruss of the 21st, Shanahan of the 7th and Ross of the 76th:
A bill to create the Georgia Municipal Electric Authority as an institution of purely public charity performing an essential govern-

1142

JOURNAL OF THE SENATE,

mental function; to authorize the Authority, as sole owner or in common with others, to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects embracing generation and transmission of electric power and energy.

Senator Brown of the 47th moved that the Senate adhere to the substitute of the Senate to HB 31 and that a Committee of Conference be appointed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the substitute of the Senate to HB 31 was adhered to.

The President appointed as a Committee of Conference the following: Senators Brown of the 47th, Langford of the 51st and Lester of the 23rd.
The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

HB 169. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A bill to amend an Act making and providing appropriations for the fiscal year beginning July 1, 1974 and ending June 30, 1975; known as the "General Appropriations Act", approved April 2, 1974 (Ga. Laws 1974, p. 1508), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1975.

The Conference Committee Report was as follows:
The Conference Committee on HB 169 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 169 be adopted.

For the Senate:
lal Paul C. Broun Senator, 46th District
/s/ Al Holloway Senator, 12th District
/s/ John R. Riley Senator, 1st District

Respectfully submitted,
For the House of Representatives:
/s/ Joe Frank Harris Representative, 8th District
I si Marcus Collins Representative, 144th District
/s/ Clarence R. Vaughn, Jr. Representative, 57th District

THURSDAY, FEBRUARY 27, 1975

1143

CONFERENCE COMMITTEE SUBSTITUTE TO HOUSE BILL 169

A BILL

To be entitled an Act to amend an Act providing appropriations for the fiscal year 1974-75, known as the "General Appropriations Act", approved April 2, 1974 (Ga. Laws 1974, p. 1508), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1975; 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 1974-75, known as the "General Appropriations Act", approved April 2, 1974 (Ga. Laws 1974, p. 1508), is hereby amended by changing the revenue estimate so that it now shall be $1,638,000,000, and by striking the following:

"PART I. LEGISLATIVE BRANCH",

and Sections 1 through 54, and inserting in lieu thereof the following:

"PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch ..........................^

7,786,000

1. Operations ...............................................$ Total Funds Budgeted ....................................$ State Funds Budgeted .........................................$

7,000,000 7,000,000 7,000,000

2. For election blanks and other election expenses __..----_.-------_------_................$
Total Funds Budgeted ...............................................^ State Funds Budgeted ............................. ...^

700,000 700,000 700,000

3. Georgia Education Improvement Council ................................................................. ^
Total Funds Budgeted ............................... .^ State Funds Budgeted ..............................^

86,000 86,000 86,000

Budget Unit Object Classes: Operations ....................................................^ 7,000,000

1144

JOURNAL OF THE SENATE,

Election'Blanks and Other Election Expenses --....._........_--._____--_--__--.--_____$
Georgia Education Improvement Council __,,____._.$
For compensation, expenses, mileage, allowances, air travel expense and benefits for members of the General Assembly, and for the officials, employees, and committees of the General Assembly, and each branch thereof; for cost of operating the Office of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference of Legislative Leaders, Conference of Insurance Legislators, and Marine Fish eries 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 annual 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.

700,000 86,000

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 _._,,___._____.

2,186,000
1,861,000 1,861,000 1,861,000
325,000 325,000 325,000
1,861,000 325,000

THURSDAY, FEBRUARY 27, 1975

1145

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court ......................................I

976,601

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 con tributions 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 allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-479.

Section 4. Superior Courts. Budget Unit: Superior Courts .__._._..._____.._________.._______-$

6,810,056

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 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.
For the cost of operating the Judge Sentence Review Panel as created by 1974 Georgia Laws, p. 358.

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 $55,000 per annum for each judgeship created by law during the 1974 session of the General Assembly.

1146

JOURNAL OP THE SENATE,

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 ap propriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position estab lished during the fiscal year.

Section 6. Administrative Office of the Court. Budget Unit: Administrative Office of the Court ....$

118,980

For the cost of operating the Administrative Offices of the Court.

Section 7. Appellate Court Reports. Budget Unit: Court Reports ,,....__......_.......--......_._.$

62,000

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 ------...--.--._...._.-- ----....._,,------.--.---$

5,000

For the cost of operating the Judicial Qualifications Commission.

Section 9. Board of Court Reporting. Budget Unit: Board of Court Reporting .,,.________.-$

7,500

For the cost of operating the Board of Court Re porting.
PART III.
EXECUTIVE BRANCH

Section 10. Department of Administrative Services.
Budget Unit: Department of Administrative Services .................._.........................$

11,300,792

1. Georgia Building Authority Budget:
Direct Payments to Authority for Operations .,,...............-................,,............_.....$

1,595,699

THURSDAY, FEBRUARY 27, 1975

1147

Capital Outlay -..._.__-...._.__,,.._..._.,,__......,,-._,,.....$ State of Georgia General Obligation
Debt Sinking Fund -...._...._._...._..__._........,,.._..$ Authority Lease Rentals __._.__...............................^
Total Funds Budgeted ............................ ^ State Funds Budgeted ,,,,.-.._._.-..-..._,,.--.,,__....-...__......$ Total Positions Budgeted

1,690,000
240,000 3,112,753 6,638,452 6,638,452
0

Provided, that of the above appropriation relative to Capital Outlay, $1,600,000 is designated and com mitted for design, project management and planning fees and all construction documents for the two State office buildings to be constructed above the proposed MARTA Station on Piedmont Avenue, and for planning, engineering, and design of streets in the Capitol Hill area.

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 54,000 9,000 --0-- 6,300 5,400 2,700 18,300 613,858 593,738
35

3. Fiscal Administration Budget:
Personal Services ..............................................^ Regular Operating Expenses ...................................^ Travel ...............................................$ Motor Vehicle Equipment Purchases --.--.,,..--.-----$ Publications and Printing ...._......,,_.........._..........,,...$ Equipment Purchases ..............--.................... .......^ Per Diem and Fees ................--........--..... ...............i Computer Charges ................................................^ Total Funds Budgeted ...................................$ State Funds Budgeted ................................ .^ Total Positions Budgeted

326,348 35,000
2,000 --0-- 12,500
1,000 --0-- 745,792 1,122,640 1,033,640
21

4. Self Insurance Administration Budget:
Personal Services .....................,.............................$ Regular Operating Expenses --.--.-----------------..$ Travel ........-,,......,,......,,..........._......................_......._..$ Motor Vehicle Equipment Purchases ----------------$ Publications and Printing ,,....................,,.......,,.......$ Equipment Purchases ........................................ -....^ Per Diem and Fees ....................................----.........^ Computer Charges .......................................-- ^

218,708 12,000 26,000 --0-- 3,000 1,000 --0-- 1,000

1148

JOURNAL OF THE SENATE,

Workmen's Compensation _.........-_._....__..._..__........_.$ Total Funds Budgeted ......._._.,,..__...._..,,........__.....$ State Funds Budgeted .............................^. ... .$ Total Positions Budgeted

890,000 1,151,708 1,122,691
17

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 ................................................I Total Positions Budgeted

681,305 93,861 12,600 --0-- 24,900 6,000 --0-- 13,500 832,166 832,166
53

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

162,681 14,158 3,000 --0--
1,220 866
--0-- --0-- 181,925 93,747
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

106,998 167,883
1,500 --0--
1,350 4,000 --0-- 12,000 293,731 153,848
9

8. Data Processing Services Budget:
Personal Services ......................................................$ Regular Operating Expenses .................................^ Travel ........................^...............................................^ Motor Vehicle Equipment Purchases ,,..-----,,----$ Publications and Printing ,,___..,,____________,,_____________$

7,570,277 6,929,208
25,400 --0-- 51,000

THURSDAY, FEBRUARY 27, 1975

1149

Equipment Purchases ------.---_.--._--.... Per Diem and Fees _____--_____________________ Computer Charges ................................ Total Funds Budgeted _____.____.___.________ State Funds Budgeted .............. Total Positions Budgeted

54,336 25,300
14,655,521 --0-- 624

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 .._....._,,_.-------..-- Capital Outlay ..._....,,..-..,,....-....._....... Total Funds Budgeted ....................... State Funds Budgeted .__._.....__...._...._..... Total Positions Budgeted

103,624 180,170
2,000 155,000
1,200 --0--
3,000 96,000 540,994 96,000
13

Provided, that of the above appropriation relating to Capital Outlay, $96,000 is designated and committed for completion of the motor vehicle maintenance facility located at Confederate Avenue.

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

1,067,682 217,645 9,000 --0-- 33,000 34,800 --0-- 48,391
8,620,365 10,030,883
567,794 97

11. 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



818,322 730,688
14,000 --0-- 167,672 45,825 --0^ 4,000 1,780,507 --0--
75

1150

JOURNAL OF THE SENATE,

12. 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

76,493 399,400
1,000 --0--
5,000 4,000 --0-- 2,500 488,393 --0--
9

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 Positions Budgeted

71,450 31,000
1,000 --0--
1,500 2,000 14,000 --0-- 120,950 120,950
4

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

32,266 7,650 1,850
--0-- 4,500 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 ______._._..____....___,,______-_.?

11,754,312 8,872,663
108,350 155,000 311,942 161,927 42,000 848,483 890,000
1,595,699

THURSDAY, FEBRUARY 27, 1975

1151

Capital Outlay _____,,____________.,,.--_-__--__,,_______._______._...$ State of Georgia General Obligation
Debt Sinking Fund ,,,,_.__.__._,,._._.____.__.______._,,._,,____.$ Authority Lease Rentals ........._............,,..................$ Telephone Billings ___.___.---__.._________,,,,_.___.___.____.,,____.$

1,786,000
240,000 3,112,753 8,620,365

Section 11. Department of Agriculture. Budget Unit: Department of Agriculture .....,,.........$ 16,386,070

1. Plant Industry Budget:
Personal Services ...........---........................-.-..........-I 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

1,972,340 143,600 90,700 43,920 25,900 35,000 1,900 --0--
1,500,000 3,813,360 3,732,360
194

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 ___......-...,,..........,,_..........$ Contract with University of Georgia to Study
Asiatic New Castle Disease ......_..._.........._.,,......$ Indemnities ._...-...........,,........,,..._.........,,,,_......._,,...$ Total Funds Budgeted --_,,_______._..______.___._________-$ State Funds Budgeted .. -.-..__.__-_-......_..-.........._... $ Total Positions Budgeted

623,869 63,975 32,500 19,800 8,550 4,200 --0-- --0-- 200,000 300,000 515,000 525,000
250,000
250,000 250,000 3,042,894 3,026,644
51

3. Marketing Budget:
Personal Services ....,,.,,......._,,.,,.......__.__.._..,,_...$ Regular Operating Expenses ,,--_-_____.__----_____--_--.$ Travel __..-....,,--_....__-__..._.,,-...._.-......_..__..$ Motor Vehicle Equipment Purchases ......._...........-$ Publications and Printing ...,,._........,,_...._.._.--.....$

1,042,336 182,650 41,200 20,700 10,000

1152

JOURNAL OF THE SENATE,

Equipment Purchases ------------------____.._$ Per Diem and Fees --_--,,----------__.------__--$ Computer Charges __----------.------___--_.,,.__--.$ Advertising Contract --------...------__........._,,_..$ Capital Outlay ...--....-__------____----------.$ Authority Lease Rentals _,,_------------.____--$ Total Funds Budgeted .--.------------------_.--$ State Funds Budgeted ._--------__------_-------f Total Positions Budgeted

3,200 5,000 --0-- 35,000 670,000 945,000 2,955,086 2,794,086
97

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

1,237,775 53,700
155,000 23,460 1,500 6,000 --0-- --0-- 1,477,435 1,477,435
126

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

759,698 65,950 18,700 4,000 18,600 5,000 1,000 112,361 985,309 968,309
55

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

104,874 232,100
1,000 ' --0-- 254,500
3,000 --0-- --0-- 595,474 595,474
11

7. Fuel and Measures Standards Budget: Personal Services .._.__.------.------,,,,........--------$

635,030

THURSDAY, FEBRUARY 27, 1975

1163

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

92,400 63,700 22,980 6,600 12,500 --0-- --0-- 833,310 833,210
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

497,010 37,100 29,400 --0-- 2,500 2,000 1,000 --0-- 569,010 569,010 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

1,217,476 57,200
115,000 35,160 3,700 2,000
--0--
--0--
1,430,536 1,252,536
107

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 62,000
133,800 --0--
3,200 1,000 63,000 -.-- 0-- 1,956,6^73 797,006
144

1154

JOURNAL OF THE SENATE,

11. Georgia Agrirama Development Authority Budget:
Payments to Agrirama Authority for Operations and Construction _____.___._______.___._______.$
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 _________..,,_,,__.__.___-_____-______f Motor Vehicle Equipment Purchases ___________________.$ Publications and Printing ._...,,,,.____._.._.__.$ Equipment Purchases _________------_____________,,$ Per Diem and Fees ,,...._-.._...--.,,-_____,,__,,.________$ Computer Charges .,,..._......__..-_._..--_..________$ Capital Outlay _______________________________...._..._.__........$ 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 __________----____,,____$

9,784,081 990,675 681,000 170,020 335,050 73,900 71,900 112,361 670,000
1,500,000 200,000 300,000 515,000 525,000
250,000
250,000
340,000 250,000 35,000 945,000

Provided, that of the appropriation relative to Capital Outlay, $600,000 is designated and committed for construction and renovations at the Augusta and Thomasville Farmers' Markets.
Provided, that of the above appropriation relative to Capital Outlay, $70,000 is designated and committed for a seafood outlet at the Atlanta Farmers' Market.
Section 12. Department of Banking and Finance.
Budget Unit: Department of'Banking and Finance _____________________________________$
1. Administration Budget:
Personal Services __________________.__..._.._.___$ Regular Operating Expenses _--_------___.___--_$ Travel .___________________,,______________$ Motor Vehicle Equipment Purchases .__--__.,,_--$ Publications and Printing _____,,____--_______$

1,297,843
288,743 27,760 4,700 --0-- 10,500

THURSDAY, FEBRUARY 27, 1975

1165

Equipment Purchases __..__..______......_._._...._.__.$ Per Diem and Fees .._....._...._._.._..._...____.___._.$ Computer Charges ____________________.._______._____.____________.._$ Total Funds Budgeted ._...-._....-.........--..._._._.._$ State Funds Budgeted ___._______________._..__.._______.___..____.$ Total Positions Budgeted

1,500 4,500 23,000 360,703 355,703
20

2. Examination 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

742,571 6,697
188,492 --0-- --0--
4,380 --0-- --0-- 942,140 942,140
57

Budget Unit Object Classes:
Personal Services ...................................................I Regular Operating Expenses .._..__..._..____._____.._____.$ Travel ................_...............__..........._..............$ Motor Vehicle Equipment Purchases _._._.___.____..,,. $ Publications and Printing ...--_._...._.__......_._..._..$ Equipment Purchases .--,,..._.--.,,--_--_-----,,-,,--.$ Per Diem and Fees ..................................................I Computer Charges ._.__..__,,.,,,,__...__.___-__.__$

1,031,314 34,457 193,192 --0-- 10,500 5,880 4,500 23,000

Section 13. Department of Community Development.

A. Budget Unit: Department of Community Development .......................... .__..____.___._________..._.._______.$ 7,782,463

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 35,225 --0-- 2,000 --0-- 4,500 --0-- 325,392 325,392
15

2. Research Budget:
Personal Services ...__._.____..._..__...__......_-.._.-.....-.,,..-..$ Regular Operating Expenses ..... -.-.---...-.-- ..---$

226,245 45,061

1156

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
3. Tourism Budget:
Personal Services ......................................................I 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 ,,__.,,......_..__.._........_..,,..__$ Equipment Purchases .._.._.._._......_..__..._....__.__._.___.....$ Per Diem and Fees ._...__._..,,.,,.._,,_........_..........$ Computer Charges --...--.....--..--..--...._._..-.........$ Total Funds Budgeted .___.._..._.._...._.............._,,._.$ State Funds Budgeted .......-..........___.-_--....................$ Total Positions Budgeted
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

5,239 --0--
2,100 2,000 26,800 17,741 325,186 284,325
17
629,465 413,624 30,398 --0--
300 6,100 42,300 4,000 18,000 1,144,187 1,144,187
70
298,702 44,667 13,340 --0-- 6,448 1,215 2,215 --0-- 366,587 122,196
18
493,599 296,350 26,200 --0-- 30,500 --0-- 68,185
2,000 916,834 842,791
34

6. International Budget: Personal Services .-...--...................._..........,,.._.__...$

56,472

THURSDAY, FEBRUARY 27, 1975

1157

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

62,900 37,000 --0--
1,600 2,000 113,600 20,000 293,572 293,572
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

1,170,000 1,170,000 1,170,000
0

9. Area Development Budget:
HUD-701 Planning Grants _,,_-.___.___.-.___,,.._-.___-.$ Total Funds Budgeted -_..,,__-____..---__---__-_--$ State Funds Budgeted ___,,.__-___..__._-__.____--...._-$ Total Positions Budgeted

1,098,000 1,098,000
--0-- 0

10. Ports Authority Budget:
Authority Lease Rentals __.._._______._______________,,$ Total Funds Budgeted ____-__---____----____.--_.,,_,,.$ State Funds Budgeted ._.__.....__-__...._.-__-....-_.___......-$ Total Positions Budgeted

2,850,000 2,850,000 2,850,000
0

11. World Congress Center Budget:
State of Georgia General Obligation Debt Sinking Fund .________.___,,_..______..._____,,._,,,,,,_.__.$
Total Funds Budgeted .....-__......-._.,,-.....-.,,..........,,$ State Funds Budgeted _-.-.....,,__........,,__.......__-........$ Total Positions Budgeted

3,043,478 3,043,478
--0-- 0

Budget Unit Object Classes:
Personal Services _....-...._-.-.-.._......__-......-__-..$ Regular Operating Expenses _...-...--__,,--._..._,,.$ Travel -...,,_--.-._-..-_..._.__._._.--.__......,,.......$ Motor Vehicle Equipment Purchases --,,--_----_-$

1,957,700 893,052 147,402 --0--

1158

JOURNAL OF THE SENATE,

Publications and Printing .........__......_................I Equipment Purchases _____.,,...._______.-.________.__________..$ Per Diem and Fees _______....,,.__._____.__.___.______....._,,_.$ Computer Charges ---._..-..--.-..-..-...---,,._......---.....-..$ Capital Outlay ..___...-..-....--....._.,,_...-._.__........_._.$ Advertising _._..._._..._____.._,,,,_______..________.-.....__.$ Grants to Area Planning and
Development Commissions ______,,_...,,_________--...-____$ HUD-701 Planning Grants ...-........-_..__....-----.-..$ Authority Lease Rentals ---_..._..__......--.........$ State of Georgia General Obligation
Debt Sinking Fund ._,,...........-._.-.__._...-_---.....$

42,948 11,315 257,600 43,741 18,000 750,000
1,170,000 1,098,000 2,850,000
3,043,478

Provided, that of the above appropriation relating to Capital Outlay, $18,000 is designated and committed to plan for the construction of a Welcome Center on 1-20 West.

B. Budget Unit: State Crime Commission _,,..,,.....,,...$ 1,048,751

1. State Crime Commission 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

532,361 234,950
21,000 --0-- 10,300
2,000 218,927 --0-- 1,019,538 65,001
35

2. Crime Statistics Data Center 'Budget:
Personal Services ._.._.__--..___...__......_...._$ Regular Operating Expenses .._._....--.._.........,,._..f 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

52,533 7,120 3,600 --0--
500 --0-- --0--
7,155 70,908 --0--
4

3. Organized Crime Prevention Council Budget:
Personal Services ._-.._._....._..--._.._._..__----$ Regular Operating Expenses ..._..._....-._...-.._.....$ Travel ._....__...__...__.._._.._...__.........._._.........._.$ Motor Vehicle Equipment Purchases ......._.----.--$ Publications and Printing ......__....................._..$

30,515 1,927 2,160
--0-- --0--

THURSDAY, FEBRUARY 27, 1975

1159

Equipment Purchases ----------_------_._------$ Per Diem and Fees ------------------_,,----.$ Computer Charges ------------------------_--------$ Total Funds Budgeted -----------------------$ State Funds Budgeted .--------------------------$ Total Positions Budgeted

--0-- 2,408
--0-- 37,010 --0--
2

4. LEA A Grants Budget:
LEAA Action Local --------------_.----------$ LEAA Action State --------- -_-------- $ LEAA State Buy-In ------------------------------ $ LEAA Discretionary --------_------------------._$ LEAA Planning __--------------------___--------$ Total Funds Budgeted ------------------------ -$ State Funds Budgeted --------------------------$ Total Positions Budgeted

11,161,496 9,612,385 1,320,062
507,809 460,000 23,061,752 983,750
--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 State Buy-In ------ -----------._----------$ LEAA Discretionary __--------------------------$ LEAA Planning ------------... _--..,,_...__.,,.._.....$

615,409 243,997
26,760 --0-- 10,800
2,000 221,335
7,155 11,161,496 9,612,385 1,320,062
507,809 460,000

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 14. Office of Comptroller General. Budget Unit: Office of Comptroller General .

$ 2,826,096

1. Internal Administration Budget:
Personal Services -----------------------------.$ Regular Operating Expenses ----------,,----$ Travel --I.----------------..------__----------..__$ Motor Vehicle Equipment Purchases ----------$ Publications and Printing ._------------_--_--.$ Equipment Purchases ----------------._--------$ Per Diem and Fees ----------------------------$

315,122 52,975 12,300 --0-- 4,400
275 8,000

1160

JOURNAL OF THE SENATE,

Computer Charges --_--....--_--.._----___.________.--$ Total Funds Budgeted ........_...-_,,..-.._...._._......_..$ State Funds Budgeted ......_.,,..-._--..-....--.--.-...--$ Total Positions Budgeted

--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 _..._...-......-..-._....--__._--._--.$ Computer Charges _......-....-.._.-._..___....----......_$ Total Funds Budgeted _.._.._...--..-..--.....-._.....-._...$ State Funds Budgeted ._........_....._...-..-._..............-.$ Total Positions Budgeted

462,850 21,350
7,000 --0-- 26,700
500 6,200 25,000 549,600 549,600
40

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
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

205,099 19,200 14,500 --0-- 1,600 --0-- --0-- --0--
240,399 240,399
16
331,324 26,545 14,000 --0--
5,000 375
--0-- --0-- 377,244 377,244
32

5. Fire Safety and Mobile Home Regulation Budget:
Personal Services ......_....._.......__._.....___...,,.....$ Regular Operating Expenses --_.-..--__._----..._$ Travel ._._........,,_,,._..__.__._.._.__........__._._...._.$ Motor Vehicle Equipment Purchases --------.--._$ Publications and Printing __----.__----.__----...__.$

997,831 44,300
204,200 --0-- 17,500

THURSDAY, FEBRUARY 27, 1975

1161

Equipment Purchases _,,,,.__----_______-----_..._......_$ Per Diem and Fees ----._-_--__..___--_.__---.$ Computer Charges .__----_.--.--_____-----_,,___--..._._.$ Total Funds Budgeted .......................................^ State Funds Budgeted __._.___.......______....,..._.__.........___$ Total Positions Budgeted

1,950 --0-- --0-- 1,265,781 1,265,781
113

Budget Unit Object Classes:
Personal Services .._.--..___.,,._.......__..._______._._______.$ Regular Operating Expenses _._,,...---_._.,_._.___._$ Travel ............................................................ ^ Motor Vehicle Equipment Purchases __,,.....__......_.$ Publications and Printing ...................... .........4 Equipment Purchases ._--------..----~_.___--,,___,,__.$ Per Diem and Fees ................................................^ Computer Charges ___,,,,____,,...---____-----__,,.__---,,________$

2,312,226 164,370 252,000 --0-- 55,200 3,100 14,200 25,000

Section 15. Department of Defense. Budget Unit: Department of Defense ....___........__._.$ 1,690,523

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 Units Grants ............................$ Georgia Military Institute Grant ..........................if Civil Air Patrol Contract ____.,,________._...................$ Total Funds Budgeted ........................................$ State Funds Budgeted -..-..-..,,..-.......-.____,,...-...__-__-_..$ Total Positions Budgeted

520,795 84,600 11,500 --0-- 21,500 26,100
8,500 --0-- 200,000 16,000 --0-- 888,995 888,995
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 .--,,,,,,------_.-.--_................$ Grants to Cities and Counties ------_.-----_.---_--_$ Capital Outlay ..-..-_.._......___..__..._-_.........--_$ Total Funds Budgeted ................................$ State Funds Budgeted .........................................^ Total Positions Budgeted

446,740 67,400 20,000 --0-- 6,500 50,000
100 --0-- 18,500 36,000 645,240 346,198
33

1162

JOURNAL OF THE SENATE,

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

93,221 3,500 12,500 --0-- --0-- 2,000 --0-- --0-- 111,221 --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 ___.----.......----.......------.....----I Computer Charges .--...--_----________........___.___....._.$ Total Funds Budgeted ._.__..._.____......___._.--$ State Funds Budgeted _,,....._..__..._....._...._.._..._,,.._...? Total Positions Budgeted

61,060 145,270
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 Printing ........-.........._..................$ Equipment Purchases .............,,.............-..-...._.........$ Per Diem and Fees ......---......................_..............$ Computer Charges __.__._----..-..._------.._._._...........,,$ National Guard Units Grants -.........-..-.......--.-$ Georgia Military Institute Grant .........................$ Civil Air Patrol Contract ..................__..............a

2,187,422 447,578 48,000 --0-- 28,000 83,100 8,600 --0-- 200,000 16,000 --0--

THURSDAY, FEBRUARY 27, 1975

1163

Grants to Cities and Counties _.----...__.____._._,,_,,$ Capital Outlay .......................................................^
Provided, however, that of the above appropriation, $36,000 is designated and committed for the acquisi tion, housing, installation, electrical wiring, testing, shipping and related costs for a 250KW generator.
Section 16. State Board of Education-- Department of Education.

18,500 36,000

A. Budget Unit: Department of Education _.____._____.$ 596,664,046

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 ____,,_-----------____.______,,.------$

791,286 212,551 48,819 --0-- 68,504
7,600 37,683 --0--

MFPE Grants:
Section 11 Teachers Salaries ______,,__,,_,,__--.___._.$ 277,861,900 Section 12 Teachers Salaries ...._................. ^ 47,540,357 Section 13 Maintenance, Operation and
Sick Leave .....................................^ 43,046,487 Section 17 Isolated Schools .............................^ 130,009 Section 19 Travel _.....-....._.._-_...._,,_-__._.............$ 943,201

Non-MFPE Grants:

Mid-term Adjustment .....................................^

--0--

Teacher Retirement ,,________,,___.,,_____-_________,,_$ 28,804,648

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 .........................^ 412,714,045

State Funds Budgeted ....................................^ 411,626,701

Total Positions Budgeted

43

2. Early Childhood Education Budget:
Personal Services .....................................................$ Regular Operating Expenses ..___.....,,_._._...._..._.._..$ Travel ___.________.__._.______,,_.__....___.....__............$ Motor Vehicle Equipment Purchases .--__.--_----$ Publications and Printing ......................................^

106,320 10,871
11,750 --0--
4,700

1164

JOURNAL OP THE SENATE,

Equipment Purchases _--------,,._._-----------__.___.__$ Per Diem and Fees .--_......._______....._...._..._._.__..__$ Computer Charges _..._------._----__..,,..--.--.--..--___$

500 600 --0--

Grants:
Pre-School Training ............................................I Pre-School Pupil Transportation _____.________,,__.__$ Education of Children from Low-Income
Families ...._._.,,.._..............,,.,,_...,,,,..._,,......$ Total Funds Budgeted __.,,,,..,,.__.._.._........... ..,,..___.$ State Funds Budgeted __......_-.___._..-... -,,,,.-.---$ Total Positions Budgeted

5,252,427 260,000
13,950 5,661,118 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 ~..._._......._._.__.___..___-.---..^

1,796,166 151,519 133,428 --0-- 24,330 12,890 13,200 766,686

Grants:
High School Program _________,,,,,,_._,,.._,,______________$ Teacher Retirement .._.__.__.__._..._,,,,_._..$ Teacher Training and Research _._.._...._..........$ Adult Education _,,,,,,_.________.._.__....._.._..,,.$ Area Vocational Technical Schools ..._..............$ Manpower Development and Training ._......._.$ Comprehensive Employment and Training ......$ Total Funds Budgeted .._..._...__.,.._______..,,__,,._.$ State Funds Budgeted _...._...__._._....-...__,,.__..__...__.$ Total Positions Budgeted

17,827,199 2,075,260 1,094,853 2,279,000 28,651,570 3,160,000 1,319,471 59,305,571 39,351,431
123

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 ..................--.........I

5,770,121 1,776,635
85,000 34,966,860

THURSDAY, FEBRUARY 27, 1975

1165

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

843,942
93,072
250,000 622,000 4,036,800 3,066,593 51,978,556 50,823,763
25

5. Compensatory Education Budget:
Personal Services --.--,,- ---,,---_.-----$ Regular Operating Expenses ..-_------.-_._.,,------.$ Travel _____.__.....-.-..-_---.__...---_-.-$ Motor Vehicle Equipment Purchases ----,,------.$ Publications and Printing ._.........._,,._..._.....,,_..,,._.$ Equipment Purchases ------------..,,____,,..--------$ Per Diem and Fees .._.__--_----.--__...-.._-_.,,_----.$ Computer Charges --.--,,_-_,,.--__--,,------_.,,,,,,_--$ Education of Children from
Low-Income Families ...._.,,.._--.....-..-..-...--.-----I Total Funds Budgeted ....._......--,,_..--._........_.....,,.$ State Funds Budgeted ._______._.-______-_________.,,__,,__-_____.$ Total Positions Budgeted

287,170 40,491 21,200 --0--
6,750 822 100
--0--
56,723,987 57,080,520
43,904 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 ......,,,,-.,,.___-_-..-...........-...-.,,...? 9,401,717

Non-MFPE Grants:
School Library Resources and Other Materials ,,............_....,,,,.....__-.........-...$
Strengthening Instruction in Critical Subjects ,,____.______________.__.,,____________.$
Total Funds Budgeted _..-.........-..,,.._....._...-.._.__$ State Funds Budgeted ___________.__-_____._____._.._~-.$ Total Positions Budgeted

1,925,000
1,707,947 13,265,684 9,470,078
10

1166

JOURNAL OF THE SENATE,

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 1,330,691
64,001 4,800 104,571 13,943 150,333 --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 4,371,587 4,124,587
193

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

255,417 33,917 19,300 --0--
1,400 250
3,919 --0--
48,000 200,000 562,203 523,856
15

9. Ancillary Services Budget:
Personal Services ........... ......................................4 Regular Operating Expenses ..................... .....^ Travel ......................................$ Motor Vehicle Equipment Purchases _----..__----.$ Publications and Printing .........................$ Equipment Purchases .....................................^ Per Diem and Fees ....................___...,,.._................._$ Computer Charges ------____,,_________._--_._.,,--..,,....$

650,622 69,461 57,498 --0-- 12,433 3,984 6,699 --0--

MFPE Grant: Section 18 Pupil Transportation .................^ 24,530,632

THURSDAY, FEBRUARY 27, 1975

1167

Non-MPPE Grant:

School Lunch ------..--_--__._.__._.,,___..$ 66,525,000

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 ,,.._--------_------------ $ 2,650,000

Grants Direct to School Systems for

Capital Outlay Purposes ..............................$ 676,197

Total Funds Budgeted --------,,------__----------$ 121,987,117

State Funds Budgeted ................................... .^ 63,602,840

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

604,432 51,346 42,100 --0--
5,739 6,000 23,300 --0-- 732,917 658,561
37

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

248,716
19,194 17,939
--0-- 12,376 2,148 --0-- --0-- 300,373 220,541
17

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 ............................................4 Computer Charges ..,,,,.... ------------------.----$

740,834 388,421 20,901 --0-- 14,467
4,947 13,360 --0--

Grants: Supervising Teachers --.--..------------------.$

145,000

1168

JOURNAL OF THE SENATE,

Supplementary Education Centers and Services ._......._...._.._..._..__......_._...._.._..._...._...$
Teacher Scholarships --_----..____.................$ In-Service Grants ..-......-...-...._.._..........___..,,__,,$ Total Funds Budgeted --,,__.-.___.__.____...__._.__._.___.$ State Funds Budgeted --------___,,.-.__.._,,_..$ Total Positions Budgeted

2,509,951 131,000 490,000
4,467,881 1,694,604
58

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 _____----------_,_,,____._,,_.___.____..$

603,529 219,559
9,007 --0--
9,255 43,967
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
203,078 1,745,000 7,349,912 6,589,525
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

1,518,566 161,420 31,907 --0-- 89,900 10,546 1,000 720,142
2,533,481 1,984,331
121

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 -...-,_..__-..,.,,.-_..,,..,,,,_.._.._...$ State Funds Budgeted _.-.......--..........._..-......,,._...$ Total Positions Budgeted

156,645 64,341 10,500 --0-- 11,100 1,000 66,200 --0-- 309,786 202,522
9

THURSDAY, FEBRUARY 27, 1975

1169

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

394,208 142,319
16,000 --0--
2,500 12,000 --0-- --0-- 567,027 --0--
40

17. U.S.D.A. Food Distribution 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

160,393 6,686 18,500
--0-- 750 500
--0-- --0-- 186,829 100,817
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 ._.....__.___-__-_......--_____..........._----.$

11,022,446 3,018,360
585,015 4,800
392,554 134,597 320,994 1,486,827

MFPE Grants:

Section 11 Teachers Salaries ._.___--____..._.,,--$ 277,861,900

Section 12 Teachers Salaries ...,,--.--._._._..--....$' 47,540,357

Section 13 Maintenance, Operation and Sick Leave ............... ^........ .........^ 48,816,608

Section 15 Instructional Materials .........,,___-_.$ 9,401,717

Section 17 Isolated Schools ....................... ..^ 130,009

Section 18 Pupil Transportation -- Regular .. $ 24,530,632

Section 18 Pupil Transportation -- Special....? 1,776,635

Section 19 Travel ..........................^ 943,201

Section 19 Travel -- Special ..,,..._.....,,.........,,$

85,000

Section 20 Teachers Salaries .........................I 34,966,860

Section 48 Mid-Term Adjustment ___....--_----.$

--0--

1170

JOURNAL OF THE SENATE,

Non-MPPE Grants:
Teacher Retirement _.______,,._._________.--.________--.--_,,-.$ Driver Education ................................................ ^ Cooperative Educational Services 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 --,,--....$ Comprehensive Employment 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 ..__._.......___.,,_...,,._..........$ State of Georgia General Obligation Debt Sinking Fund .._,,__.........._....._-.._........-..$ Grants to School Systems for A.L.R. payments to Georgia Educational Authority (Schools)___$ Direct Grants to School Systems for Capital Outlay Purposes .................................I

34,149,579 375,000
2,502,000 2,913,000 7,000,000
57,168,937 17,827,199 1,094,853 2,279,000 28,651,570 3,160,000 1,319,471
843,942
93,072
250,000 622,000 4,036,800
1,707,947
1,925,000 59,252 56,186 48,000
200,000 66,525,000
145,000
2,509,951 131,000 490,000
2,435,000 1,745,000 2,080,917 5,252,427
260,000 35,000
333,204
2,660,000
26,804,591
676,197

B. Budget Unit: Institutions ............_..,,..--..............$ 8,941,839

1. North Georgia Vocational-Technical School Budget: Personal Services .............:....................................^ 1,169,943

THURSDAY, FEBRUARY 27, 1975

1171

Regular Operating Expenses __._,,_______.________.___.,,_$ Travel .................................................__..................$ Motor Vehicle Equipment Purchases ------_,,,,--_.$ Publications and Printing _.,,..............._.__--...........$ Equipment Purchases ..............................................i Per Diem and Fees __________,,._____,,______,,_----........._.._.$ Computer Charges __--......_....________.,,.------,,--.--.....$ Capital Outlay ...................................... .^. Authority Lease Rentals _._,_______,,--,,,,__-.--__..__..--.$ Total Funds Budgeted .......................^ State Funds Budgeted ...,,,,..._._.$ Total Positions Budgeted

366,264 13,500 --0-- 4,150 82,000 --0-- --0-- 720,000 54,750
2,410,607 1,564,562
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

1,025,664
298,720 12,000 12,000 3,300
110,000 --0-- --0-- 1,313,803 49,315 2,824,802 1,720,374
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 ..........................................$

2,347,442 394,296 4,000
2,200 --0-- 20,000
1,000 --0--

1172

JOURNAL OF THE SENATE,

Capital Outlay ._....-,,.....-........-_._.....-_-__-.....-_...$ Authority Lease Rentals .....--,,._........___........__.....$ Total Funds Budgeted ___....._...__....-.._.__......_____.......$ State Funds Budgeted ._.._....._.__._.._......__-_____...._-__.$ Total Positions Budgeted

35,000 23,400 2,827,338 2,521,552
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 ....-_._........-.-....____.........___.$ Total Positions Budgeted

492,061 226,062
4,300 24,000
500 40,122 2,000 --0-- 43,000 832,045 787,446
51

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

757,733 131,521
10,000 --0--
1,560 32,822 --0-- --0-- --0-- 933,636 706,067
58

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 .............__-.._.,,._.._......_._...$

7,001,826 1,629,420
52,300 46,700 13,750 322,656
9,600 ^0-- 2,425,303 127,465

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

THURSDAY, FEBRUARY 27, 1975

1173

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 contri butions 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 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 appropriation, relative to department operations, $75,000 is designated and com mitted for the Professional Practices Commission.

Provided, that of the above appropriation, relative to special education, $27,500 is designated and commit ted for payment to the Houston County Board of Ed ucation for payment to Houston County Speech and Hearing School, and $27,500 is designated and commit ted for payment to the Houston County Board of Ed ucation 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 educa tion 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

1174

JOURNAL OF THE SENATE,

in H. B. 57, subject to prior approval by the Fiscal Affairs 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 purpose.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $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 construc tion and equipping of school buildings and facilities through the issuance of not to exceed $32,000,000 in principal amount of General Obligation Debt. Of the $2,650,000 appropriated above, $300,000 is designated and committed for the purpose of constructing compre hensive high schools. The allocation of funds shall be determined on the basis of a formula to be promul gated by the State Board of Education, based on current increased average daily attendance, surveyed projected growth, consolidation within a system, renovations, out standing local effort of school systems, age and condi tions of existing school buildings, and such other cri teria by the Board to insure that classroom need is the basis of distribution.

Provided, that of the above appropriation relating to High School Grants, $50,000 is designated and com mitted for new equipment and repairing existing equip ment in food processing centers; provided, further, that the State shall provide no more than 50% of the repair and equipment cost at any center; provided, further, that the maximum amounts of State funds al located per center shall be $20,000 for new equipment and $3,000 for repairs.

Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement System _______$
1. Employees' Retirement System Budget: Personal Services ._...,,.__..,,_...........-,,-........._,,..-.......$ Regular Operating Expenses .............,,_.....--._-....$ Travel .....__.........................._.........._.._..........._._.._.....$

805,000
514,577 77,000 7,000

THURSDAY, FEBRUARY 27, 1975

1175

Motor Vehicle Equipment Purchases ....................I Publications and Printing .............................^ Equipment Purchases .......................................^ Per Diem and Fees .--............._......._._____-_..--.......$ Computer Charges ................................^ Employer Contributions ......................... .....^ Total Funds Budgeted ___.._..._..._.$ State Funds Budgeted ..................... ^
Total Positions Budgeted

--0-- 8,000 3,000
65,000 108,000 805,000 1,587,577 805,000
43

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

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 to Employer Contributions, $5,000 is designated and committed to fund House Bill 346.

Section 18. 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 .................................. ..4

Total Funds Budgeted ................$

State Funds Budgeted .........................^

Total Positions Budgeted

399,964 291,630
2,566 38,160
426 16,845 20,458
7,386 777,435 276,812
26

2. State Forests Budget:
Personal Services ..-_....-........._.--........... Regular Operating Expenses Travel ...._.,,_...............,,--...........,,..--....... Motor Vehicle Equipment Purchases Publications and Printing ......._.__.......

75,313 10,481
92
--fl ees

1176

JOURNAL OF THE SENATE,

Equipment Purchases _..------------..----_-----__--.$ Per Diem and Fees ...--..----_.--_._----.____,,--.._--_--_ $ Computer Charges ---__._---.--.--.-__--_-__..----,,____$ Ware County Ad Valorem Tax ........................I Total Funds Budgeted ____________,,_,,_____________.________._$ State Funds Budgeted .'._._.__........._-.___...._..--___-......$ Total Positions Budgeted

4,420 2,400 --0-- 57,946.18 151,317.18 --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

8,130,137 1,576,221
68,684 962,397 12,995 140,390 140,580 28,481 11,054,885 8,314,820
806

4. 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 ..................................... 4 Computer Charges --_______.--_-_._____--____...... ,,_..,,....$ Total Funds Budgeted .,,_...-............___._._............-..$ State Funds Budgeted ....__..___.-._........______..___........$ Total Positions Budgeted

389,179 76,794 10,012 3,500 18,358
7,061 2,000 40,800 547,704 481,415
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 _______________.___.__,,.____.$

8,994,593 1,955,126
81,354 1,004,507
32,444 168,716 165,438 71,667 57,946.18

Section 19. Forest Research Council. Budget Unit: Forest Research Council _____._____.__,,___.$

667,631

1. Forest Research Council Budget:
Personal Services -...-___...._-.....-.........._.._.,,_,,.....__..$ Regular Operating Expenses ..,,,,..._.......,,.____..,,....$

99,615 32,550

THURSDAY, FEBRUARY 27, 1975
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. 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 _________._____________.__--.$

1177
4,364 --0-- 18,000
1,000 500
--0-- 156,029 154,631
7
535,910 535,910 513,000
0
99,615 32,550
4,364 --0-- 18,000
1,000 500
--0-- 535,910

Section 20. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation __.__.$

6,725,600

1. General 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

339,925 83,338 10,350 19,200 2,650 18,780 5,500 7,500 487,243
438,591 30

2. Operations Budget:
Personal Services ......................... Regular Operating Expenses ...... Travel ......-.-.................._--------. Motor Vehicle Equipment Purchases Publications and Printing ............... Equipment Purchases .....................

2,463,071 607,694 103,856 194,200 10,300 73,220

1178

JOURNAL OF THE SENATE,

Per Diem and Fees ,,,,_..,,__,,______,, ^ ,,,,___,,__.____,,.$ Computer Charges ....................................--...............^ Evidence Purchased .................................................^ Total Funds Budgeted ..........................................^ State Funds Budgeted ....................................... ^ Total Positions Budgeted

38,000 10,000 78,000 3,578,341 3,322,904
177

3. 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

980,963 191,175 32,250 20,800
6,500 209,250
8,750 41,095 1,490,783 1,336,338
68

4. Georgia Crime Information 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

1,170,657 535,664 21,000 12,000 38,617 30,000 10,000
1,345,384 3,163,322 1,697,767
138

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 Purchased .............-..,,_._..__..-.-....-......_..$

4,954,616 1,417,871
167,456 246,200 58,067 331,250 62,250 1,403,979 78,000

Section 21. Georgia Motor Vehicle Commission.
Budget Unit: Georgia Motor Vehicle Commission ,,.___.__.___________________,,_____________.__._.$
Personal Services ._--._.--._...........--..__-._._........$ Regular Operating Expenses ................................$ Travel ........................................................................$

27,698 19,698 9,500 2,000

THURSDAY, FEBRUARY 27, 1975
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 ........................_._..,,._.__..__..$
Section 22. Georgia Residential Finance Agency.
Budget Unit: Georgia Residential Finance Agency ,,_.,,,,,,_,,__,,_,,._.--.-.-.--.____.__.___.__.___.._ $
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
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 ................................................$
Section 23. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission ......................................$
Departmental Operations Budget:
Personal Services ...................................................$

1179
--0-- 3,500 3,000 5,000
--0-- 42,698 27,698
2
19,698 9,500 2,000 --0-- 3,500 3,000 5,000 --0--
69,000 21,000 4,575
1,750 --0--
200 6,300 35,175 -- 0-- 69,000 69,000
4
21,000 4,575 1,750
--0-- 200
6,300 35,175 --0--
-- 0--
685,953

1180

JOURNAL OF THE SENATE,

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

359,500 11,500 --0-- 30,000 15,000 29,000 8,000
1,138,953 --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
8,000

Section 24. Office of the Governor.

A. Budget Unit: Governor's Office ..............................$ Cost of Operations ........................_..............$ Mansion Allowance ........_.....................................^ Governor's Emergency Fund ................................$ Gubernatorial Transition Allowance _.____------__.$ Total Funds Budgeted ........................................$ State Funds Budgeted ....._..................,,.._,,___.._.-._..$

3,299,658 810,506 32,500
2,431,652 25,000
3,299,658 3,299,658

Budget Unit Object Classes:
Cost of Operations ...---.............................___,,___$ Mansion Allowance ^ ......................... .................4 Governor's Emergency Fund ..............................$ Gubernatorial Transition Allowance --_--.--------$

810,506 32,500
2,431,652 25,000

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

THURSDAY, FEBRUARY 27, 1975

1181

thereof or other grave emergency when available funds are not sufficient for such purposes.

B. Budget Unit: Office of Planning and Budget __..._...$ 2,325,830

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

296,297 29,805
9,000 --0--
2,950 2,500 57,500 5,600 95,141 498,793 485,793
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

51,432 379,458
2,750 --0--
1,400 300 500
--0-- 435,840 161,105
3

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

317,756 15,100 7,500 --0-- 9,000 1,250
. 1,000 1,000
352,606 239,606
16

4. Intergovernmental Relations Budget:
Personal Services _...__.--.....,,..__......,,--...._.........,,_._.$ Regular Operating Expenses __.__..--,,----...__...--.$ Travel .......-..........-...-.--....-...-.......-.......-....-.--I Motor Vehicle Equipment Purchases ._,,--.,,_.,,......$ Publications and Printing ._.__....___--....___-..._._,,...$

313,5,05 19,589 21,500 --0--
3,950

1182

JOURNAL OF THE SENATE,

Equipment Purchases -__._.............--___.,,_.............__..$ Per Diem and Fees .--.--_......_.._..--__,,._...............$ Computer Charges ____.____________,,._,,__,,_________________,,,,_.$ Total Funds Budgeted __...__.,,,,.--,,_,,._..._.___...,,$ State Funds Budgeted --____--. -- ,,_-,,,,__,,_$ Total Positions Budgeted

1,000 500
--0-- 360,044 335,044
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

282,374 10,910 5,000 --0--
1,250 600
--0-- 500
300,634 250,634
16

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

499,936 43,266 19,000 --0-- 20,500
2,000 172,164 20,000 776,866 396,866
25

7. Georgia Employment and Training 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

282,503 82,043 16,669 --0--
5,600 8,800 4,840 ^0-- 400,455 --0--
26

8. Fuel Allocation Office Budget:
Personal Services ....._._,,._,,......_........._._,,........_.$ Regular Operating Expenses .....-...-...----.__...,,.....$ Travel ....,,.,,,,......._.....__,,_.._........_.._.....__,,............$

176,058 42,366 9,200

THURSDAY, FEBRUARY 27, 1975

1183

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-- 10,000
2,000 82,000 --0-- 321,624 321,624
23

9.' Georgia Post Secondary Education Council Budget:
Personal Services ................................... ....^ Regular Operating Expenses ........................$ Travel ......._._.........._,,.....,,._..........._.._....._.._......,,.,,...$ Motor Vehicle Equipment Purchases ----..._.--..-- $ Publications and Printing ........................................I Equipment Purchases __-...,,_.._---._,,__.-_.____--.--__,,_ $ Per Diem and Fees ..................... ....1.... .......$ Computer Charges ....................................................^ Total Funds Budgeted ....................... .....4 State Funds Budgeted _-......___..._._.__........._....._-__...$ Total Positions Budgeted

67,452 12,882 5,444 --0-- 7,504 2,525 23,998 2,500 122,305 40,000
4

10. Intern Program Budget:
Personal Services .__--------_--_._------._................% Regular Operating Expenses .......................... ..^ Travel ...,,__........._,,..._..,,._.........._........__....,,._-.._..,,. $ 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
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 ._,,__,,-_--____.$ Intern Stipends ................ .............^.............. ^.

55,158 3,000 4,000
--0-- 1,500 800
--0-- 700
30,000 95,158 95,158
4
2,342,471 638,419 100,063 --0-- 63,654 21,775 342,502 30,300 95,141 30,000

Section 25. Grants to Counties and Municipalities.
Budget Unit: Grants to Counties and Municipalities .......................................:.. .......^

6,800,000

1184

JOURNAL OF THE SENATE,

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 day of each calendar quarter.

Section 26. Department of Human Resources.

A. Budget Unit: Departmental Operations .,,.___.......$ 218,631,236

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 ___..........___.....-......_...__......._..____....$

State of Georgia General Obligation

Debt Sinking Fund ................................................I

Total Funds Budgeted .....___,,__........____-.........___....$

State Funds Budgeted ._......_..___.__.........._._.__._......._$

Total Positions Budgeted

8,381,916 1,546,014
296,651 8,300
156,266 81,538 71,639 3,537,078
190,000 14,269,402 8,130,972
637

2. Physical Health--Program Direction and Support Budget:
Personal Services ._...........__..........__...._..........__......$ Regular Operating Expenses .___._....-__.-__..-...-..__..$ Travel ............_.__.........__.-....._,,_......-__.........._._,,..........$ Motor Vehicle Equipment Purchases --.___..----.....$ Publications and Printing .....................................I Equipment Purchases -------.--_.-_-....--._.--_-----_..$ Per Diem and Fees ....__.__.......-_______....--,,__.........__....$ Computer Charges -.-...-----....----..-.------.-..-------I Total Funds Budgeted __.._........._.__..........___........___.$ State Funds Budgeted -_._._.l.....-_-____..__.-...._..........$ Total Positions Budgeted

972,621 115,570 28,450 --0-- 23,000
4,000 200
--0-- 1,143,841 1,143,841
82

THURSDAY, FEBRUARY 27, 1975

1185

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 ....................................................I

Crippled Children Benefits

.,,.....,,,,$

Kidney Disease Benefits --_._..._..______,,___.__________.____.$

Cancer Control Benefits ---.....--__..___._._.........._...._.$

Maternal Health/Family Planning

Benefits

.----,,_._____.,,...$

Total Funds Budgeted ....._.._.__.__._,,.__._.__.._.._._________.$

State Funds Budgeted ._.._.

.........._..._..._..... $

Total Positions Budgeted

3,981,982 3,503,756
386,136 20,000 82,307 92,710
503,685 2,000
2,890,120 300,000 420,000
2,462,750 14,645,446
8,440,038 412

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 ........-.............._.__...$ Capital Outlay ..__...:.__._...__........_._._____.,,.___.__-_,,._..._$ Total Funds Budgeted ............................................I State Funds Budgeted ...._._.___..._.____....__._____._____.._.$
Total Positions Budgeted

4,719,794 971,161 360,212 4,400 68,088 59,544
155,118
31,692
10,013,000
206,000
16,589,009
10,078,915
378

Provided, that of the above appropriation relative to departmental operations, $5,000,000 is designated and approved for payment to the Macon-Bibb County Hos pital Authority upon the approval by the Federal Gov ernment of the application for funding of a new medical college for the training of medical doctors. In the event receipt of such approval is not known to the Department of Human Resources by June 20, 1975, the Department is authorized and directed to pay the $5,000,000 desig nated and approved herein to the Georgia Building Au thority (Hospital). Provided, further, that the Georgia Building Authority (Hospital) shall retain such funds until instructed in writing by the Department of Human Resources to disburse such funds to the Macon-Bibb County Hospital Authority, or until June 1, 1977, at which time the funds, together with any income derived therefrom, shall be paid to the Department of Human
Resources for lapse.

1186

JOURNAL OF THE SENATE,

5. Physical Health--Local Services Budget:
Personal Services .--------._--...._------._-_,,--...--...$ Regular Operating Expenses .................. .^ Travel _--_............_.----_-_.-.-..........-.__..._.__........-.$ Motor Vehicle Equipment Purchases __________,,,,--_.$ Publications and Printing ....................................--.I 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

5,412,719 1,003,296
497,130 --0--
4,360 111,000 170,510
15,000
97,300
92,800 8,331,748 15,735,863 12,179,087
447

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 munity Cardiovascular Council in Savannah for continuuation of stroke screening.

6. Mental 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 .......................................$ Benefits for Family Living Care ......,,.............__.$ Total Funds Budgeted ........_._.___..-..........___.___..._....$ State Funds Budgeted __..............._........_...........,,__.$ Total Positions Budgeted

1,140,373 600,250 130,000 --0-- 9,200
5,000 32,000
2,000 775,000 2,693,823 1,874,505
88

7. Drug Abuse Prevention and Abatement 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

1,667,071 3,203,927
57,617 --0-- 20,280 11,388 86,720
1,040 5,048,043 1,234,841
153

THURSDAY, FEBRUARY 27, 1975

1187

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

246,320 34,608 25,956 --0--
21,750,718
2,296,391 700,032
3,844,169
1,322,354 30,220,548 15,671,312
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 .........._.._.._..._._....._...........__._.......$ Total Funds Budgeted ...........................$ State Funds Budgeted ......_._...__..........._...__.__..__......$ Total Positions Budgeted

316,990 106,359
31,000 --0-- 26,200 11,000 16,600
6,450 514,599 514,599
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 ................ 4

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 .................................4

1188

JOURNAL OF THE SENATE,

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 --------..............--..--.-.................I Benefits for Child Care ,,.._....-,,--,,,,$
Total Funds Budgeted ............................^ State Funds Budgeted .....................$ Total Positions Budgeted

--0-- --0-- --0-- --0-- --0--
123,900 6,235,958 6,359,858 3,396,163
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 ............................................................$

Benefits for Child Care--Attention

Homes ...............................................$

Total Funds Budgeted .-..........,,..--___._....-...........$

State Funds Budgeted .................... ^

Total Positions Budgeted

5,827,075 28,172,706
473,556 12,200 89,335 33,060 21,060 --0--
1,000,000
64,800 35,693,792
5,259,343 545

13. Services to the Aged Budget:

Personal Services ......................................................I

Regular Operating Expenses .......................^

Travel ...................................... 4

Motor Vehicle Equipment Purchases .__.____.__..._.,,,,$

Publications and Printing ____._..__.-.__---____.___.______.._$

Equipment Purchases

....................4

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 __..__...__.........__..._,,____..,,..$

858,535 9,203,965
26,347 --0--
9,500

THURSDAY, FEBRUARY 27, 1975

1189

Equipment Purchases .--.....__......._____--.,,--......_..___.$ Per Diem and Fees ,,,,,,. ,,.,,...,,__. ..._._$ Computer Charges --------_.._----,,----_--...--,,--,,$ Grants for Nephrology Centers _._-_--......-____-._.._-.$ Total Funds Budgeted _._--.............;..-._..___-.-..........$ State Funds Budgeted ........._._.__._...__..._............._..$ Total Positions Budgeted

34,711 32,123 --0-- 175,000 10,340,181 2,579,080
57

15. Vocational Rehabilitation--Facilities Budget:

Personal Services .....------........................................I

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

7,754,277 4,545,918
135,704 24,370 12,005 192,241 127,690 --0-- 750,000 13,542,205 2,240,914
684

16. Vocational Rehabilitation--Services 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

10,744,856 4,930,551
535,615 --0-- 42,536 128,072 241,771 --0-- 16,623,401 1,671,847
917

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 .....__.__-.__..........__.-.-._..__-_.--$ 256,000,000

Total Funds Budgeted .,,......___._..,,.....-.__..-_-__.........$ 256,000,000

State Funds Budgeted ....._.._._........_._._.......-.,,_-_.._..$ 83,135,132

Total Positions Budgeted

0

18. Public Assistance Budget:
Personal Services __.--.--.-___,,,,_,,.-.------------..--,,.$ Regular Operating Expenses __--_--------------_--$

--0-- --0--

1190

JOURNAL OF THE SENATE,

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 _____________.______.__________________.$ 4,135,814

AFDC Benefits -,,.-.._ .__..._...__._.__.._....__..$ 133,722,506

Total Funds Budgeted .................4 137,958,320

State Funds Budgeted .._.,,.. ... ...-.$ 38,270,000

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--
22,712,852 21,674,560 44,387,412 19,592,619
0

20. Benefits Payments--Program Administration and Support 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

2,375,422 2,579,446
211,025 --0-- 173,870 37,380 --0-- --0-- 5,377,143 2,479,238
229

Budget Unit Object Classes:
Personal Services _-_-____._-__._-__________.._-__._____.__________.$ Regular Operating Expenses _,,._-._,,._,,.______________,,$ Travel ........................................ .^ Motor Vehicle Equipment Purchases ....,,.......__.._..$ Publications and Printing ..............................$ Equipment Purchases -.--.,,...._.-,,--._,,--.,,,,.,,..._....._.$ Per Diem and Fees .,,..,,...................-.......................$

55,903,634 60,597,831 3,313,499
69,270 723,947 856,444 1,461,616

THURSDAY, FEBRUARY 27, 1975

1191

Computer Charges .......... ...^. .............^ 3,595,260

Crippled Children Benefits ___._______.___,,__.___.._.____.___.$ 2,890,120

Kidney Disease Benefits __-.--_.____-.-____..,,.___,,,,.__._._..$ 300,000

Cancer Control Benefits -._.,,,,..._.$ 420,000

Maternal Health/Family

Planning Benefits ---,,-___._$ 2,462,750

Facilities Construction Grants ........__...--......_.--.._. $ 10,013,000

Grants for DeKalb County Mental

Retardation Project ___.______._____.____.___.___.______._________.$

97,300

Grants for Chatham County Mental

Retardation Project ___.._.____.__,, _,,,,,,_.__$

92,800

Grant-In-Aid to Counties ,,...---.,,__$ 8,331,748

Benefits for Family Living Care .....-....--_.._....,,.-__.$ 775,000

Contracts with Day Care Centers

for the Mentally Retarded _......,,..,,.....$ 21,750,718

Grants for Alcoholism Community

Treatment Programs .................. ^ 2,296,391

Grants for Child Mental Health ................ $ 700,032

Grants for Adult Mental Health ... ....,,$ 3,844,169

Grants to Group Homes for the

Mentally Retarded ..-.-.,,..

$ 1,322,354

Work Incentive Benefits .-...-._...._-.....__._-......__.....$ 2,750,000

Grants to Fulton County for 24-hour

Emergency Social Services ......................... ^ 123,900

Benefits for Child Care ...... -.-.....-.-.$ 6,235,958

Georgia Indigent Legal

Services Contracts ........................ $ 1,000,000

Benefits for Child Care --

Attention Homes ..................................... ^

64,800

Areawide and Community Grants ...,,_...,,.._......,,_.$ 2,097,000

Nutrition Grants _._.-..._...-...-.......-_._._.....__-_...._._.......$ 2,688,500

Grants for Nephrology Centers ___.___,,__.,,___.______...____$ 175,000

Medicaid Benefits ,,,,_.., -.,,.,,. _,,-_.-,,.$ 256,000,000

Cuban Refugees Benefits ............................$ 100,000

SSI--Supplement Benefits .....................................4 4,135,814

AFDC Benefits ...................... ....^ 133,722,506

Local Services Benefits

Payments Grants ..................... .^ 22,712,852

Grants to Counties for Social Services ......_--._....$ 21,674,560

State of Georgia General Obligation

Debt Sinking Fund ...............................................I 190,000

Capital Outlay .......... .^ 956,000

Provided, that of the above appropriation relating to Medicaid, a specific sum is designated and committed for Mediciad coverage of Non-AFDC Foster Care Chil dren.
Provided, that of the above appropriation, $60,000 is designated and committed to continue the Cancer Registry.

Provided, that of the above appropriation, $206,000 is designated and committed for ventilation renovation in the T.B. Laboratory.

1192

JOURNAL OF THE SENATE,

Provided, that of the above appropriation relative to departmental operations, no State funds whatsoever shall be used to pay AFDC benefits to the extent that
the net average monthly payment per individual ex ceeds $32.00 on a quarterly average basis.

Provided, that of the above appropriation, $330,000 is designated and committed for the Georgia Medical Care Foundation contract, and an additional $30,000 is designated and committed for the early implementation of the CHEC program.

Provided, that of the above appropriation, $188,000 is designated and committed to provide a one-step Merit System upgrading for the Caseworker series in DFACS.

Provided, that of the above appropriation, $33,000 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 however, that none of the above appropria tion for Medicaid Benefits shall be used to fund any in crease in rates for providers of service, unless approved in advance by appropriate subcommittees of the House and Senate Appropriations Committees, said subcommit tees to be so designated by the respective Chairmen of said Appropriations Committees.

Provided, that of the above appropriation, $7,400 is designated and committed for upgrading of the Atten dant I, Attendant II, and Nursing Assistant I series at Warm Springs and the Georgia Rehabilitation Center.

B. Budget Unit: Mental Health and Youth Development Institutions ...............................$ 125,627,714

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 .................................. .4 State Funds Budgeted ........................................^ Total Positions Budgeted

4,604,466 901,792 20,500 4,000 4,782 13,834 75,600 70,000 387,000
6,081,974 5,566,716
540

THURSDAY, FEBRUARY 27, 1975

1193

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 _-_______.._._.______________.___._______.____,,_._.$ Capital Outlay ._.......,,......___,,............._.....,,_.........._.__.$ Authority Lease Rentals _--.......-..._-.._-..-..,,......_.--,,..$ Total Funds Budgeted .._..._.............__.......,,......_..._....$ State Funds Budgeted ._,,_... ......,,_.__.,,$ Total Positions Budgeted

5,836,328 1,378,993
10,500 10,000 8,750 32,372 105,072 82,000 100,000 513,000 8,077,015 7,379,841
662

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

4,327,296 747,780 17,000 --0-- 2,000 --0-- 72,000 69,000 500,000
5,735,076 5,396,239
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

2,588,507 693,040 20,000 --0-- 8,000 21,000 34,000 65,000 646,500
4,076,047 4,001,047
551

5. Northwest Georgia Regional Hospital at Rome Budget:
Personal Services _._____,,._-_.___-___.__...,,_____-_____.___---.$ Regular Operating Expenses _._.,,--__,,----_.__--_----$ Travel ...._................._.......--......._--.-.--_,,.---. $ Motor Vehicle Equipment Purchases --.--.......----..$ Publications and Printing ...._._.___......,,.,,--.._...--.-,,$

4,770,213 1,068,435
20,000 7,245 12,935

1194

JOURNAL OF THE SENATE,

Equipment Purchases ..........................................$ Per Diem and Fees .................................................$
Computer Charges ....................................... .....^ Capital Outlay .______.___..__._______.__.______._________.___,,_____._,,_.$ Authority Lease Rentals _._______._--.....--..............,,...$ Total Funds Budgeted _,,___.,,_...,,_..__._.__._.___._.__.___,,__.___.$ State Funds Budgeted ........................................^ Total Positions Budgeted

57,975 25,935
75,000 178,744 853,500 7,069,982 6,211,238
779

6. Gracewood State School and Hospital Budget:
Personal Services ............................................... ..^ Regular Operating Expenses ...................... .4 Travel .......................................... ^ Motor Vehicle Equipment Purchases ....-----.--.....$ Publications and Printing _._.__..___._____._.___.___..._._.______$ Equipment Purchases .....................................$ Per Diem and Fees ..................................................I Computer Charges .....:...........................^ Capital Outlay ............................................................I Authority Lease Rentals ......................... ^ Total Funds Budgeted ..,,___._.,,,,_____...__..___.,,.____.__,,__.$ State Funds Budgeted ........................$ Total Positions Budgeted

13,323,737 3,005,220
30,900 23,425
7,912
131,133 64,622 71,000 515,560 117,000 17,290,509 13,568,507 1,602

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 ............................. ..^ Capital Outlay .......................................$ Total Funds Budgeted ......................................$ State Funds Budgeted ............................... ^ Total Positions Budgeted

6,770,190 1,181,102
29,954 7,725 1,300 34,551 36,231 70,000 75,000 8,206,053 7,067,943
838

8. Georgia Retardation Center Budget:

Personal Services .................. ..^

Regular Operating Expenses ..................................^

Travel .....................................

..^

Motor Vehicle Equipment Purchases ___.___.._..____.,,.$

Publications and Printing .........................................$

Equipment Purchases ..........................................$

Per Diem and Fees ...................................... 4

Computer Charges ........................................ ..^

Authority Lease Rentals .............................$

Total Funds Budgeted ........................................$

State Funds Budgeted .............. ........$

Total Positions Budgeted

9,746,070 2,655,753
35,301 --0-- 11,410 21,500 63,238 122,100 794,000 13,449,372 12,524,195
1,118

THURSDAY, FEBRUARY 27, 1975
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 ...............................................I State Funds Budgeted ___..._.__.._______...-.__..__,,__...___-._.$ Total Positions Budgeted

1195
6,930,389 1,601,595
40,773 --0--
9,870 33,745 77,170 60,810 450,000 9,204,352 8,601,626
710

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 -............,,-.........,,--..........-__,...$ Capital Outlay ,,..........,,,,........................._.-..........._..$ Authority Lease Rentals ......._...........--.-.......--._,,...$ State of Georgia General Obligation
Debt Sinking Fund ____._.__.--_-__.___.__--.___._________._.__$ Total Funds Budgeted _..__._-_-____.___,,--____,,__--_.._.? State Funds Budgeted ._......__.._..._...,,,,....,,.........._.......$ Total Positions Budgeted

41,123,400 9,441,821
79,022 40,000 14,408 509,118 104,012 360,000 3,475,000 1,284,000
183,000 56,613,781 45,073,694
4,919

11. State Youth Development Centers 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

6,159,549 1,360,499
26,736 29,400
3,900 38,581 37,300 8,000 7,663,965 7,078,559
646

12. Regional Youth Development Centers Budget:
Personal Services .......,,_................,,-...-....................__.$ Regular Operating Expenses ....,,,,........_...........--.....$ Travel ........-..........-.-._........-...-..._.._.-.._._-..-..-_....$ Motor Vehicle Equipment Purchases ........------...$ Publications and Printing ,,--.........._.---_._..----,,_....$ Equipment Purchases ......_,,..._...._..-...-....___.--.--.-...$

2,120,363 544,161 19,470 17,000 1,450 39,145

1196

JOURNAL OF THE SENATE,

Per Diem and Fees .........._.--.._._--_.--_._--.._--__.$ Computer Charges _.------------.----------------$ Grants to County-Owned Detention Centers --..$ Capital Outlay ---- ,------ --------. .-- _-----$ Total Funds Budgeted _._----__------._.------___..----._.$ State Funds Budgeted -__----_.---------.._._.--$ Total Positions Budgeted

53,100 --0-- 400,000 144,000 3,338,689 3,158,109
298

Budget Unit Object Classes:

Personal Services .__._------_.-------------------.$ 108,300,508

Regular Operating Expenses ___..-._----.-.------.__$ 24,580,191

Travel ..-----------.-------.---------------$ 350,156

Motor Vehicle Equipment Purchases --.------.._.? 138,795

Publications and Printing ------__..-_------------.__..$

86,717

Equipment Purchases ......................--_.._--...._......-- $ 932,954

Per Diem and Fees .......--------._------..----..------...$ 748,280

Computer Charges .----.__.._____.____.._...__.__----$ 1,052,910

Grants to County-Owned Detention Centers--.---? 400,000

Capital Outlay -----------------.----.$ 4,488,304

Authority Lease Rentals --__..--_.--..._.--..------.--$ 5,545,000

State of Georgia General Obligation

Debt Sinking Fund ..--....--.........----..------.--$ 183,000

Provided, that the Department is hereby authorized and directed to redirect up to $75,000 from available funds held by the Georgia Building Authority (Hospital) to complete the planning for the construction of a hos pital unit at Gracewood State School and Hospital, and to redirect up to $75,000 from available funds held by the Georgia Building Authority (Hospital) to complete the planning for the construction of a multi-geographic receiving facility at Southwestern State Hospital.

Provided, that the Department is hereby authoriz ed and directed to redirect up to $3,300,000 of available funds held by the Georgia Building Authority (Hospital) to construct the Water Treatment Facility at Central State Hospital through Capital Outlay.

Provided, that of the above appropriation relating to Capital Outlay, $144,000 is designated and committed to plan for the construction of Regional Youth Develop ment Centers at Macon, Griffin and Eastman and $175,000 is designated and committed to plan for the renovation of the Alien Building at Central State Hos pital.
Provided, that of the above appropriation relating to Personal Services, $350,000 is designated and com mitted to provide for the upgrading of the Attendant series at the Mental Health Institutions.

THURSDAY, FEBRUARY 27, 1975

1197

Section 27. Department of Labor.

A. Budget Unit: Inspection Division .........................4 449,184

Inspection Division Budget:
Personal Services ............................... 4 Regular Operating Expenses ....... .............. .4 Travel ................................................................. .4 Motor Vehicle Equipment Purchases --..--.----4 Publications and Printing ..... .....4 Equipment Purchases ............-......---.--_----.-------$ Per Diem and Fees .......................... ...4 Computer Charges ................................... .......4 Total Funds Budgeted ........................4 State Funds Budgeted .......................... .....4 Total Positions Budgeted

358,854 25,230 60,000 --0-- 3,000
1,500 600
--0-- 449,184 449,184
30

Budget Unit Object Classes:

Personal Services .......................................................4

Regular Operating Expenses ...........................4

Travel ........................................................ ^

Motor Vehicle Equipment Purchases ......_....._...--...$

Publications and Printing .................... .4

Equipment Purchases .......................... ..--4

Per Diem and Fees

...........................4

Computer Charges ............................,,,,...,,-_.............$

358,854 25,230 60,000 --0-- 3,000 1,500
600 --0--

B. Budget Unit: Basic Employment, Work

Incentive, Manpower Services and

Unemployment Compensation

Reserve Fund

................................. 4

2,263,524

1. Basic Employment Security Budget:

Personal Services ._.....,,-,,,,,,-.----$

Regular Operating Expenses ............. ^

Travel _......_.........--,,--.$

Motor Vehicle Equipment Purchases ...................4

Publications and Printing

......................4

Equipment Purchases ......................4

Per Diem and Fees .............................. .4

Computer Charges ......................................... 4

Total Funds Budgeted ..................... 4

State Funds Budgeted .................. .4

Total Positions Budgeted

12,801,467 1,460,622
248,400 --0-- 110,250 119,028
6,000 --0-- 14,745,767 75,000
1,008

2. State Administrative Fund Budget:
Personal Services ................... ...............4 Regular Operating Expenses .....................-- .. 4 Travel ___....__._._____...__-.__,,._...,,.__..__..-.----------$ Motor Vehicle Equipment Purchases ,,_..___,,_-------$ Publications and Printing _____,,.__--_---------------_$

103,108 45,497 35,000 --0-- --0--

1198

JOURNAL OF THE SENATE,

Equipment Purchases ......................................... ^ Per Diem and Fees ,,--........---........._.,,.,,...-..,,_..._.....$ Computer Charges ........................................._........$
Total Funds Budgeted .................................... ^ State Funds Budgeted ,,......__-....__.,,..,,.....-.....__..___...$ Total Positions Budgeted

--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
2,301,941
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 ....................................................I Computer Charges ...........................................$ Total Funds Budgeted ................................................^ State Funds Budgeted .................................. ^ Total Positions Budgeted

3,231,665 16,942,741
185,460 --0-- 23,835 151,283
3,500 --0-- 20,538,484 --0--
273

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

616,453 207,407
17,999 -- 0-- --0-- --0-- --0-- --0--
841,859
491,736 58

6. Unemployment Compensation Reserve Fund Budget:
Unemployment Compensation Reserve Fund Total Funds Budgeted __.___.______...,,__.___________.__ State Funds Budgeted _.........,,...................--......

700,000 700,000 700,000

THURSDAY, FEBRUARY 27, 1975
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 .................................................$ W.I.N. Grants ........................................... .....^ Total Funds Budgeted .......................... .^ State Funds Budgeted .................................... ...^ Total Positions Budgeted

1199
2,767,581 3,540,000
100,000
54,000
1,769,000 8,230,581
813,183 232

Budget Unit Object Classes:
Personal Services .................................... ...^ Regular Operating Expenses ..................... ..........^ Travel ---.._---.__....__-_....__.._._..$ Motor Vehicle Equipment Purchases __.______--__.--_._.$ Publications and Printing ............................. .4 Equipment Purchases ................ .....^..........^ Per Diem and Fees ..................................... ^ Computer Charges .................................. .............i W.I.N. Grants .................................$ Unemployment Compensation
Reserve Fund .................................... .^

21,529,265 22,420,967
637,259 --0-- 146,685 329,561
9,500 --0-- 1,769,000
700,000

Section 28. Department of Law. Budget Unit: Department of Law .....................$ 1,970,219

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

1,597,521 155,000 59,860 --0-- 23,750 18,000 29,450 640
1,884,221 1,801,831
83

2. State Library Budget:
Personal Services .................................................. ^ Regular Operating Expenses .......................... ..........^ Travel ........_.............._-.......-.-_._.........._.........,,...__.....? Motor Vehicle Equipment Purchases --_._._--,,--_--.$ Publications and Printing ................................... .....^ Equipment Purchases ................................ ......^

132,388 5,000 140
--0-- 250
2,000

1200

JOURNAL OF THE SENATE,

Per Diem and Fees --._,,_____,,-.--.--.--_-__,,_----_-_________.$ Computer Charges -----.,,.------.-.-._--.-...-----.-.,,.___.$ Books .....-.._................-..,,._,,........._.._......_........---_.....$ Total Funds Budgeted ..............................................I State Funds Budgeted __.._,,... _......,,,,_._.$ Total Positions Budgeted

550 60
28,000 168,388 168,388
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 .....--..--.-.-_-........-..-........_._...$

1,729,909 160,000 60,000 --0--
24,000 20,000 30,000
700 28,000

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 appropriated or otherwise available from any source for the support and maintenance of the respective agency for the pur pose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law.

Section 29. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration (No direct State General Fund Appropriation is required) ........._..___.........$

1. Applicant 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 ..............................................I Total Positions Budgeted

359,542 15,850
1,500 --0--
16,100 3,830 2,000
188,800 587,622 --0^
31

THURSDAY, FEBRUARY 27, 1975

2. Classification and Compensation Budget:

Personal Services .,,.-__--_..._--__._......-----...__.......-....|

Regular Operating Expenses .,,_...----_--.._._.--.__......j

Travel ....-_......___...-...._.....-........._..__......................,,......$

Motor Vehicle Equipment Purchases _......._....._...... $

Publications and Printing _._..._....,,.......,,._................$

Equipment Purchases .._.-....._....._...___._.....,..._......._.....$

Per Diem and Fees .._._......._......._....._._......_.._....._......5

Computer Charges __._............,,..._._..........._.._.............$

Total Funds Budgeted

....,,_ ... if

State Funds Budgeted _._.....---...._..._.._.......................$

Total Positions Budgeted

Provided, however, that $140,000 of the above budget is intended for a classification and compensation study to determine the proper salary relationships between the various class titles and not to determine what salary in creases might be necessary to make the salaries paid under the Merit System Pay Schedule more competitive with private business and industry. Provided, further, that no funds authorized in this Section shall be ex pended for a classification and compensation study un less prior written approval is obtained from the Gover nor of Georgia.

3. Employee Service Budget:
Personal Services ___.........._.,,......_..,,.......,,_.._.,,..__.,,.,,.$ Regular Operating Expenses ......_.___......_._._..----_--$ Travel _._-.._.....................,,-....-_....,,_........_._-_...__...-_.._...? Motor Vehicle Equipment Purchases _....._._,,._......._$ Publications and Printing ,,_.,,_,,__________.---.--_...._--_-_.,,$ Equipment Purchases .._..----_____.__.--_----....--------..j Per Diem and Fees ............._.........._._......-..._._.--.--.-...j Computer Charges _______--.---,,_________--.-___-__-__..-----.$ Total Funds Budgeted ........-......._................_-........_..? State Funds Budgeted ...._...._......................__............? Total Positions Budgeted

4. Training and Staff Development Budget:
Personal Services ______________--._____,,__,,----._._.--.,,.,,_--.![ Regular Operating Expenses _____________._______._._._--_![ Travel .........,,._..._..._...__.._._._._........._..........._........._.........? Motor Vehicle Equipment Purchases __.._______.--_--_,,$ Publications and Printing ....,,_.,,_.,,--.....--....__.--,,.--.$ Equipment Purchases --....,,.-.....--.-..._--._.....,,.-- $ Per Diem and Fees __---------........--..,,.,,._..._.,,_._.......5 Computer Charges ....,,----,,--...--..-------....-----.,,--.| Total Funds Budgeted ._...__......_......_..___....._._......_......5 State Funds Budgeted ....._.._...._.._..........._._..^.....___.....5 Total Positions Budgeted

1201
280,851 7,850 2,400
--0-- 6,675 1,500
140,500 96,685 536,461 --0-- 21
229,868 7,450 2,500
--0-- 5,750 1,950 3,674 85,000
336,192 --0--
20
179,753 15,150
4,450

1202

JOURNAL OF THE SENATE,

5. Insurance and Income Maintenance 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

166,314 13,075
1,575 --0--
2,550 1,100 6,000 18,000 208,614 -- 0--
15

6. Planning, Research and Special 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

87,430 249,897
4,300 --0--
650 1,300
400 6,000 349,977 --0--
5

7. Administrative and Staff Services 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

131,618 6,230 400
--0-- 1,700 2,900 300 6,000
149,148 --0--
12

8. Directors 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

97,500 6,345 4,600 --0-- 2,700
200 1,800 --0-- 113,145 --0--
5

THURSDAY, FEBRUARY 27, 1975

1203

Budget Unit Object Classes:

Personal Services .............;___.___._._.___.______..______$

Regular Operating Expenses _____________________..._._.___._.$

Travel ........................^

Motor Vehicle Equipment Purchases ......................if

Publications and Printing _____._._.___,__..__..___._______..__._.$

Equipment Purchases ....--.--._....--____....--............._-.$

Per Diem and Fees

...........______.._._.______ $

Computer Charges

.

$

1,532,876 321,847 21,725 --0-- 41,425 13,080 179,674 400,685

Section 30. Department of Natural Resources. Budget Unit: Department of Natural Resources

$ 30,955,644.75

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 ...._..._..._..._...........__.........._......._.....$ Grants to the Herty Foundation ._............_.... ........$ Total Funds Budgeted .._........._._.................................$ State Funds Budgeted .........._........._...._.... .................$ Total Positions Budgeted

848,552 261,822
600 3,400 65,000 12,550 27,000 145,942 50,000 1,421,866 1,421,866
70

2. Public Relations and Information 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

306,376 68,400
9,200 7,500 267,000 14,500 13,000 --0-- 685,976 685,976
25

Provided, however, that of the above appropriation, $685,976 is designated and committed for the Public Relations and Information Budget.

3. Planning and Research Budget:
Personal Services ..........--...._...,,.......... Regular Operating Expenses ....._.._... Travel ........_..._.............._.....-._.....__-......._... Motor Vehicle Equipment Purchases Publications and Printing ....................

852,810 257,513
65,900 --0--
74,950

1204

JOURNAL OF THE SENATE,

Equipment Purchases _._._._._....__.__..--.-...,,-..__-._...$ Per Diem and Fees .......... ........................................._.$ Computer Charges ................_........._....._................_....$ Land and Water Conservation Grants __..___._._.....__$ Recreation Grants ._...................................-........-...$ Total Funds Budgeted ............................... .......___.,,._.$ State Funds Budgeted .................. ... ........................$ Total Positions Budgeted

26,000 93,000
3,000 4,000,000
200,000 5,573,173 1,341,494
65

4. Unicoi Budget:

Personal Services .__._,.._._..__..-_-_...--.-.---..,,---$

Regular Operating Expenses _.......--.--..,,.-----.._..--.?

Travel

.........-,,.-. ... ...-.-$

Motor Vehicle Equipment Purchases ........--......--..if

Publications and Printing ._..___.___......._..__..___....._._.___.$

Equipment Purchases ......_..........._..... ........___._______.___.!J>

Per Diem and Fees .._._....._..._......................................$

Computer Charges __.._______.__..___.___.__.-...___._.--...____.....-_$

Total Funds Budgeted ........$

State Funds Budgeted ..

__.._._.___.._...__.___._-....$

Total Positions Budgeted

5. Game Management 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

6. Fisheries Management 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

7. Law Enforcement Budget:
Personal Services ._..............................................._....$ Regular Operating Expenses _..............._.....--..._.......?

558,398 324,500
19,000 30,500 20,000 34,000 33,500 --0-- 1,019,898 635,483
58
1,259,303 489,700 9,100 154,090 15,000 86,600 3,000 --0--
2,016,793 1,118,657
112
1,319,708 488,094 32,000 117,450 10,500 114,955 3,000 6,327 250,000
2,342,034 1,861,096
111
2,891,313 799,535

THURSDAY, FEBRUARY 27, 1975

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

1205
49,101 248,280 29,394 164,092 --0-- --0--
27,000 4,208,715 4,012,160
242

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

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

63,278 8,575 2,300 3,400
600 2,500 --0-- --0-- 80,653 80,653
4
29,939 1,600 2,500
--0-- --0--
500 2,400 --0-- 36,939 36,939
2

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 .............................

3,159,615 2,066,102
49,875 265,030 15,200 281,249 24,400 --0--
2,172,200 2,526,000

1206

JOURNAL OF THE SENATE,

Total Funds Budgeted ....-...___.._..,,.._._..................._.....$ 10,559,671

State Funds Budgeted ______,,.._..$ 8,734,671

Total Positions Budgeted

321

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 _.......-....__..-.......-...-......................$

Topographic Mapping -- U. S.

Geological Survey ..................................................$

Contract with U.S. Geological

Survey for Ground Water

Resources Survey ._......_................_..._..__..._..._..........$

Total Funds Budgeted ,,......,, ..... ..._..$

State Funds Budgeted _______.___..__._________,,.._...,,.....____._...$

Total Positions Budgeted

471,711 57,475 23,203 29,550 26,000 64,072
6,400 --0--
1,585,000
176,000 2,439,411 2,156,411
33

12. Water Supply Budget:

Personal Services

-..._.._..............._.....$

Regular Operating Expenses ....___.,,_____._________...____.___$

Travel ............__..,,.._.........$

Motor Vehicle Equipment Purchases ,,----_--..,,...$

Publications and Printing ............................if

Equipment Purchases ..........._._..,,,,_...........................$

Per Diem and Fees .. ...._..._..........._..................$

Computer Charges ...........................,,...,,................_...$

Fluoridation Grants ._..-.....-_..___.._..._..___.__.______.____..___.$

Total Funds Budgeted

..._.............$

State Funds Budgeted ....._................................,,......$

Total Positions Budgeted

425,055 37,800 26,004 --0-- 5,000 21,500 --0-- 20,000 250,000 785,359 785,359
35

13. Water Quality Budget:

Personal Services ...........--.........................................I

Regular Operating Expenses .--......--.....-................I

Travel ....,,............_....._...__...,,.....___........................._.......$

Motor Vehicle Equipment Purchases ....................$

Publications and Printing ........,,.................._........_..$

Equipment Purchases .._._........_..........................__.._...$

Per Diem and Fees ....................................................I

Computer Charges

. .,, .

$

Water and Sewer Grants ............................_._.........$

Total Funds Budgeted ............................_...................$

State Funds Budgeted

....,,$

Total Positions Budgeted

1,335,404 705,400 40,000 10,000 7,000 30,000 --0-- 105,289
2,000,000 4,233,093 2,978,256
94

THURSDAY, FEBRUARY 27, 1975

1207

14 Air Quality Budget:
Personal Services ._..................._.$ Regular Operating Expenses _..____.__..___.___.___..__......__..$ Travel .......................... 4 Motor Vehicle Equipment Purchases ___.-_.____.____.._.$ Publications and Printing ....................................... ^ Equipment Purchases ____.__._.____._.__.--.___..-..__.___.._______.$ Per Diem and Fees ......... .............if Computer Charges _....._.___._.__.._.__.________.___________..__.___.$ Total Funds Budgeted _.___._._._.______..._..___.__.._..___..____....$ State Funds Budgeted ................ 4 Total Positions Budgeted

999,391 64,300 54,000 --0-- 3,000 41,774 --0-- 58,092 1,220,557 720,557
77

15. Solid Waste Management Budget:

Personal Services

..

$

Regular Operating Expenses ... ....-.......--.--.........--.$

Travel

..... 4

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

494,992 44,088 29,532 --0-- 8,200 8,000 1,500 --0--
2,000,000 2,586,312
2,574,510 35

16. 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 ................................................I

State Funds Budgeted ...._..............._..._....._._._.....-.....-.$

Total Positions Budgeted

142,351 26,500
9,775 --0--
2,500 1,425 4,000 42,506 229,057 229,057
9

17. Heritage Trust Budget:
Capital Outlay ...........................................................$ State of Georgia General Obligation
Debt Sinking Fund ....................................._...........$ Total Funds Budgeted ................_.............___.............$ State Funds Budgeted ......................... ......................$ Total Positions Budgeted

411,499.75
302,000.00 713,499.75 713,499.75
0

1208

JOURNAL OF THE SENATE,

18. 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

Provided, that of the above appropriation, $150,000 is designated and committed for matching with Bureau of Outdoor Recreation funds for recreational improve ments.

879,000 879,000 869,000
0

Budget Unit Object Classes:

Personal Services ......-....$

Regular Operating Expenses .._..............__....._....._.__..$

Travel ............................$

Motor Vehicle Equipment Purchases ____.._.___.___.....$

Publications and Prinitng ..______.__.___.___..,_._._.._..___.___.$

Equipment Purchases ...._.......,,-$

Per Diem and Fees ........__.......__..._.._......._.._.....__.__.....$

Computer Charges _........._..._.....__...__.........................$

Land and Water Conservation Grants ........ ...........$

Recreation Grants ......_..__.__........_......_.............._._.._......$

Grants to the Herty Foundation ....._..__.._..... .........$

Water and Sewer Grants __.____.______________..__..______..____$

Fluoridation 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 ...._..............._..........................$

15,158,196.00 5,701,404.00
429,090.00 869,200.00 549,344.00 903,717.00 211,200.00 381,156.00 4,000,000.00 200,000.00 50,000.00 2,000,000.00 250,000.00 2,000,000.00
176,000.00
1,585,000.00
879,000.00 2,833,699.75 2,526,000.00
329,000.00

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 Commission, except that land specifical ly provided for in this Section.

Provided, however, that none of the above ap propriation for Water and Sewer Grants shall be allot ted 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

THURSDAY, FEBRUARY 27, 1975

1209

official approval thereof by the Board of Natural Re sources.

Provided, that from the above appropriated amount for State of Georgia General Obligation Debt Sinking Fund, $302,000 is specifically appropriated for the Heri tage Trust Program through the issuance of not to exceed $3,473,000 in principal amount of General Obliga tion debt.

Provided, that of the above appropriation relative to Capital Outlay, $143,000 is designated and committed for improvements at the George T. Bagby State Park.

Provided, that of the above appropriation, $387,000 is designated and committed for land acquisition in Rockdale County.

Provided, that of the above appropriation, $5,000 is designated and committed for an entrance sign at Prov idence Canyon State Park.

Provided, that of the above appropriation relating to Planning and Research, $4,550 is designated and com mitted for funding a Planner for the Georgia Special Olympics Program.

Provided, that of the above appropriation, $291,089 is designated and committed for motor vehicle expenses in the Law Enforcement Activity of the Department of Natural Resources.

Section 31. Department of Offender Rehabilitation.

A. Budget Unit: Department of Corrections ........$ 4,253,159

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

2,523,270 697,777 100,000 4,500 28,300 64,637 64,780 236,036
370,000 4,089,300 4,089,300
200

1210

JOURNAL OF THE SENATE,

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 .__-_,,__--.__--,,--,,_--.___---._-__----.$ Total Funds Budgeted ^ ._.._,,,,-.$ State Funds Budgeted .._..................._............._....-....$ Total Positions Budgeted

116,859 18,250
8,800 4,750 --0-- --0-- 15,200 --0-- 163,859 163,859
8

3. Grants--Corrections 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

1,066,558 494,654 96,458 3,927 26,316 65,198 121,523 23,119 22,698
1,920,451 --0-- 110

Budget Unit Object Classes:
Personal Services .._..._...................$ Regular Operating Expenses ............_._._....._........ $ Travel ...._..,,................................._-.,,,,......................._.$ Motor Vehicle Equipment Purchases -...----,,....--.$ Publications and Printing .............-.--.....--.............if Equipment Purchases -...__........-..-_.._...........-__.._-.-$ Per Diem and Fees ....__......-.._.........--,,_----._.......--.$ Computer Charges ......_.................__....................._...._.$ Direct Benefits -........_......__.._....._...-.._-........--.....__..$ Inmate Release Fund--
Payments and Clothing ,,......__................_._.......__..$

3,706,687 1,210,681
205,258 13,177 54,616
129,835 201,503 259,155 22,698
370,000

B. Budget Unit: Correctional Institutions ................_.........,,..._..........,,......_....__......$ 24,872,945

1. Georgia Training and Development Center Budget:
Personal Services -....._-...-...--.....-.....--......._..._.........$ Regular Operating Expenses ....................................if Travel ...................................................................I Motor Vehicle Equipment Purchases _...----......--.$ Publications and Printing _..............._.......--....._..._...$

878,853 453,582
2,240 17,000
102

THURSDAY, FEBRUARY 27, 1975

1211

Equipment Purchases --.___.--_..--............ ._.....$

Per Diem and Fees .._.__..____...--.__.....___.._..__..,,____..__...._.$

Computer Charges .................... .^

Total Funds Budgeted ....___._._.___..._._._..__._...___.__...____.$

State Funds Budgeted ..................... .......

$

Total Positions Budgeted

38,516 16,378 --0-- 1,406,671 1,095,488
83

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

2,184,338 1,298,277
7,142 58,800
615 33,015 13,783 --0-- 166,000 3,761,970 3,751,970
225

3. Georgia Diagnostic and Classification 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 ......................_......_............-...-....... $ Authority Lease Rentals ......_._.........-....-......_....-..$ Total Funds Budgeted ................................................^ State Funds Budgeted ....... ......................... .............$ Total Positions Budgeted

2,269,108 899,316 4,094 128,500 819 39,900 48,975 --0-- 18,000 640,000
4,048,712 4,042,512
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

4,694,950 2,455,952
5,165 54,000
1,535 129,621 78,540 --0--
80,000 7,499,763 7,414,763
449

1212

JOURNAL OF THE SENATE,

5. Consolidated Branches Budget:
Personal Services -_--..___...--..-__......_._.___..._.,,._......_,,...$ Regular Operating Expenses ..................................I Travel ,..___.,,_,,_..,,__._..,,_,,__$ Motor Vehicle Equipment Purchases -.----.__,,-_,,.$ Publications and Printing ........................................I Equipment Purchases ................................................I Per Diem and Fees .........._.._.._..._................._.....__......$ Computer Charges --................._..--....-.----......---..$ Capital Outlay ............ ....-..$ Authority Lease Rentals _...______-.--.____.--....__._-_...$ Total Funds Budgeted ................,,............................$ State Funds Budgeted ........$ Total Positions Budgeted

4,957,383 2,836,374
39,204 122,110
3,572 86,976 167,253 --0-- 690,156 200,000 9,103,028 8,568,212
518

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 ...__..........._...$ Capital Outlay .................$ Authority Lease Rentals _.-..._..._._.-...-....._._.._.--.$

14,984,632 7,943,501
57,845 380,410
6,643
328,028 324,929 --0-- 954,156 840,000

Provided, that the Department is hereby authorized and directed to redirect $245,000 from funds available to the Georgia Building Authority (Penal) to construct a 175-bed dormitory facility at the Vocational Rehabilita tion Center at Georgia Industrial Institute.

Provided, that of the above appropriation relative to Capital Outlay, $60,000 is designated and committed to renovate the electrical systems at Lowndes Cor rectional Institute and Lee Correctional Institute.

Provided, that of the above appropriation relative to Capital Outlay, $250,000 is designated and committed to equip the new Georgia Rehabilitation Center for Women in Baldwin County.

Provided, that of the above appropriation relative to Capital Outlay, $30,000 is designated and committed for a comprehensive sewage disposal plan at Georgia State Prison and Lee Correctional Institute.

Provided, that of the above appropriation relative to Capital Outlay, $12,000 is designated and committed for a farrowing barn at Georgia Industrial Institute.

THURSDAY, FEBRUARY 27, 1975
C. Budget Unit: Department of Offender Rehabilitation ..........$

1213 4,727,751

1. Administration 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

33,957 13,497 24,140 --0-- --0--
6,600 4,318 --0-- 82,512 67,212
2

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

4,072,006 256,585 258,136 --0-- 3,292 40,000 5,250 6,000
4,641,269 4,641,269
374

3. Grants--Offender Rehabilitation:

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

2,139,804 671,593
176,879 3,755 38,541 86,587 79,543 7,490 48,000
3,252,192 19,270
247

Budget Unit Object Classes:

Personal Services

.. .

$

Regular Operating Expenses ........,,..,,--......-----.--.$

Travel ...._._......._.....__..__.._._._._.._........._...._...-__..--_..-$

Motor Vehicle Equipment Purchases _........._....._.....$

Publications and Printing .............--..----------------$

Equipment Purchases .....,,.--.......--......-- ...._'...-._._._.$

6,245,767 941,675 459,155 3,755 41,833 133,187

1214

JOURNAL OF THE SENATE,

Per Diem and Fees ...........

...^

Computer Charges .................................. ^

Direct Benefits ........... ....._.._..._...... $

89,1H 13,490 48,000

D. Budget Unit: Board of Pardons and Paroles _,..... ..... ...,,....$

431,147

Board of Pardons and Paroles Budget:
Personal Services ..........................$ Regular Operating Expenses ................... ._.....____$ Travel .......................-.--....a Motor Vehicle Equipment Purchases .....--.--..----..$ Publications and Printing ................. ....,,.$ Equipment Purchases ................... ...-,,.$ Per Diem and Fees ...........................^ Computer Charges .......... ......... -..-- -$ Total Funds Budgeted ......... ... ..........$ State Funds Budgeted ..............$ Total Positions Budgeted

410,694 20,247 28,750 --0-- 2,300 13,980 2,500 --0--
478,471 431,147
25

Budget Unit Object Classes:
Personal Services ..................^ Regular Operating Expenses ...-...-..---$ Travel ............. ....,,,, .--..$ Motor Vehicle Equipment Purchases -------.....----$ Publications and Printing ......-.........-...,,......-......-..-..$ Equipment Purchases __................_$ Per Diem and Fees ....................... 4 Computer Charges -------------------$

410,694 20,247 28,750 --0-- 2,300 13,980 2,500 --0--

Section 32. Department of Public Safety. Budget Unit: Department of Public Safety ...

....$ 22,186,349

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

244,236 24,600 14,000 --0--
7,000 3,000 7,000 2,000 301,836 --0--
16

2. Commissioner's Office Budget:
Personal Services _._.--.-...-......,,.. Regular Operating Expenses -- Travel ........._.........._....._......_..,,:.__.

263,242 40,238
9,380

THURSDAY, FEBRUARY 27, 1975

1215

Motor Vehicle Equipment Purchases -__------__.__..._$ Publications and Printing ............................ ..^ Equipment Purchases ........................--.....................^i Per Diem and Fees ............................. ..4 Computer Charges -_.-_.----,,_.-....,,.__.._..._..._.,,.._._.........$ Total Funds Budgeted ............._...,,................._._..._.._..$ State Funds Budgeted .............$ Total Positions Budgeted

10,200 16,105 2,800 2,810 --0-- 344,775 294,775
16

3. Staff Services 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

610,055 864,662
2,750 6,800 69,441 120,360 10,660 158,210 1,842,938 1,842,938
66

4. Georgia State Patrol Budget:

Personal Services ...............

$

Overtime Payments ....................................................I

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

13,629,977 266,822
2,090,801 79,448
1,520,984 884,103 153,594 130,000 998,970 104,500
19,859,199 19,719,083
1,118

5. Police Academy Budget:
Personal Services ........................................................$ Regular Operating Expenses ....................................^ Travel .....................^.............^......................................$ Motor Vehicle Equipment Purchases .---.---........--.$ Publications and Printing ........................................$ Equipment Purchases .........................................--....^ Per Diem and Fees .................. --4 Computer Charges ..... ....._.............,,_....--,,......--.$ Total Funds Budgeted ...............................................^ State Funds Budgeted ...............................................^ Total Positions Budgeted

166,723 69,982
5,760 --0--
6,980 --0-- 44,500 --0-- 293,945 208,945
11

6. Mandate Training Budget: Personal Services ............................. ^

140,619

1216

JOURNAL OF THE SENATE,

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

18,258 6,710 7,300
818 3,071
100 --0-- 176,876 120,608
11

Budget Unit Object Classes:

Personal Services ........._..........._..._--.-........._...........$

Overtime Payments .

..

$

Regular Operating Expenses ...._.......--.-- __.--_._.___,,.$

Travel

............$

Motor Vehicle Equipment Purchases --._..._--...._..._.$

Publications and Printing ........-........._..._-_._.....__.-$

Equipment Purchases ....__.................._........._.._.._.......$

Per Diem and Fees _.......-...._.........._..,..._....._........._...$

Computer Charges .......... _.._.,,$

Capital Outlay ............$

15,054,852 266,822
3,108,541 118,048
1,545,284 984,447 282,825 195,070
1,159,180 104,500

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 Asso ciation of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Provincial Police).

Provided, however, that of the above appropriation, the following amounts are designated and committed for Capital Outlay purposes at the facilities listed thereby:
Floyd County Driver's License Facility ................$ Cedartown Patrol Post ...............,,.$ Clarke County Patrol Post ....................__..........._.._...$ Villa Rica Patrol Post _.................$

35,000 30,000 9,500 30,000

Section 33. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System ..__.__._._._....__.___,,.._.____,,_._._.__._,,$

7,405,180

Departmental Operations Budget:
Regular Operating Expenses _............-_.-........_....$ Employer Contributions ..._..._._.--................_.--.......$ Total Funds Budgeted .._..._.._'.._............................._._._.$ State Funds Budgeted _..............................._...-.-...$

137,000 7,268,180 7,405,180 7,405,180

THURSDAY, FEBRUARY 27, 1975
Budget Unit Object Classes: Regular Operating Expenses _....._....._....._.._..... Employer Contributions ._......_....._.._.__._.._....._..

1217
137,000 7,268,180

Provided, that of the above appropriation relating to Employer Contributions, $9,180 is designated and committed to fund House Bill 182.

Section 34. Public Service Commission. Budget Unit: Public Service Commission ...._........_..__..$

2,068,947

1. Administration Budget:

Personal Services --.--.--.--.--------,,_....._........,,__,,,,$

Regular Operating Expenses ........._.._...__..................$

Travel ............................................................................I

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

446,115 26,050
4,500 --0--
1,500 3,200 15,000 --0-- 496,365 496,365
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 .................................I

State Funds Budgeted

... $

Total Positions Budgeted

486,042 99,050 35,000 12,000 9,700 13,500 3,000 --0-- 658,292 658,292
44

3. Utilities Budget:

Personal Services -..-.,,....,,.-..-.-$

Regular Operating Expenses -.-..-......--.-..___._-..__...._-$

Travel

..__........_...._..$

Motor Vehicle Equipment Purchases ....................If

Publications and Printing

......_.$

Equipment Purchases --._........--......-.------,,...--.......$

Per Diem and Fees _.-_..___._._..-_.....-.-.......___.___.__......$

Computer Charges -.,,-.,,-...-,,._....._.-.--...,,..___..-.__..___$

Total Funds Budgeted

..............$

State Funds Budgeted _________._.___________________._______.___.___.$

Total Positions Budgeted

711,840 77,550 27,000 7,000 9,000 30,050 76,850 --0-- 939,290 914,290
53

1218

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 .....__.-..._................__....__..__i.--.......$

1,643,997 202,650 66,500 19,000 20,200 46,750 94,850 --0--

Section 35. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction and University System Institutions __.___--__.-___,,___..._$ 255,041,707

1. Resident Instruction Budget:

Personal Services ........................................................I 219,297,643

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 _...,,..-_...._....._..._.,,.$ 16,950,500

Capital Outlay _..,,.. .-__....-$ 4,362,404

Authority Lease Rentals ............--,,___........................$ 22,739,136

State of Georgia General Obligation

Debt Sinking Fund _,,,,_..,,._............$ 2,000,000

Total Funds Budgeted __..___.,,___,,_._...__.__.___._,,______._.____..$ 327,492,683

State Funds Budgeted ............-...........___.-_..__..............$ 224,642,166

Total Positions Budgeted

15,287

Provided, that of the above appropriated amount relating to Capital Outlay, $60,000 is designated and committed for planning a Field House at Albany Stfcte College.

Provided, that of the above appropriation relative to Capital Outlay, $190,000 is designated and committed for land acquisition at Columbus College.

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 Re gents of the University System through the issuance of not to exceed $12,000,000 in principal amount of general 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 undertak-

THURSDAY, FEBRUARY 27, 1975

1219

ing, 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 Geor gia Education Authority (University), said amount shall be appropriated to the Board of Regents of the Univer sity System and used for the purpose of paying 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 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,

1220

JOURNAL OF THE SENATE,

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
103,956 334,956 324,000
19

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 38

4. Engineering Experiment Station 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

6,528,749
1,994,200 8,522,949 2,204,000
201

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 ..................... ^ Total Funds Budgeted ....... ^. ..... ^ State Funds Budgeted .............................................$ Total Positions Budgeted

659,000
315,500 974,500 358,500
60

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 __..__.--._._.--...$

9,841,976 4,793,745

THURSDAY, FEBRUARY 27, 1975

1221

Total Funds Budgeted

,,__,,__,,.$ 14,635,721

State Funds Budgeted ..,....._.........__._...._.__.........._..._...$ 9,044,000

Total Positions Budgeted

848

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

14,113,099
2,320,787 16,433,886 8,243,041
944

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 ....._.--..........$ Total Funds Budgeted ..... .,,_.,,. -.._.-$ State Funds Budgeted _._._._.___.._.__...._________...__._..________.$ Total Positions Budgeted

15,453,304
4,922,262 20,375,566 9,689,000
1,864

Budget Unit Object Classes:

Personal Services

... .,,,,. -______.$ 266,849,771

Regular Operating Expenses, Travel, Motor

Vehicle Equipment Purchases, Publications

and Printing, Per Diem and Fees, Equipment

Purchases, and Computer Charges ....._.._...----....$ 77,168,450

Teachers' Retirement

.._.-$ 16,950,500

Capital Outlay ,,.,,..__......$ 4,362,404

Authority Lease Rentals ....__..__............_.___......._.........$ 22,739,136

State of Georgia General Obligation Debt

Sinking Fund ,,.,, ........,,.$ 2,000,000

B. Budget Unit: Regents Central Office _......._..._,,_...$ 6,217,500

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

1,649,400
994,500 345,000 200,000 3,031,000 6,219,900 6,217,500
112

1222

JOURNAL OF THE SENATE,

Provided, that from the above appropriation relating to Regents Central Office, $4,000 is designated and com mitted 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 Scholarships .......................................... .^ Grants to Junior Colleges .............................. ..^

1,649,400
994,500 345,000 200,000 3,031,000

Section 36. Department of Revenue. Budget Unit: Department of Revenue ....................^ 22,909,987

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 _..____..,,....._._..__.___._.....________..._$ State Funds Budgeted ..............................................4 Total Positions Budgeted

869,455 750,011
12,000 --0-- 194,173
1,000 20,800 30,000 1,877,439 1,877,439
32

2. Internal Administration Budget:
Personal Services ...................................................^ Regular Operating Expenses ...............................^ 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

797,506 56,295 1,500 --0-- 2,736 2,500
500 62,859 923,896 923,896
70

3. Property Tax Budget:
Personal Services .......................................................^ Regular Operating Expenses ..................................$ Travel ....................................................................J$ Motor Vehicle Equipment Purchases ...._,,--..._-.....$ Publications and Printing _____,,_______________._.___________$

781,415 19,885 44,682 17,000
77,000

THURSDAY, FEBRUARY 27, 1975

1223

Equipment Purchases -------.-----_...--,,__--.--.--..-.__$ Per Diem and Fees ......................................................If Computer Charges .......,,...........--._,,........__....._,,...,,$ Loans to Counties/Property Reevaluation __..........$ Grants to Counties/Appraisal Staff .-_..........-.._..._..$ Total Funds Budgeted .....__..........._......__.___.....__........_.$ State Funds Budgeted ___............._..................._....._.....$ Total Positions Budgeted

3,600 45,000 1,285,000 325,000 860,000 3,458,582 3,257,582
66

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 ......_.........___.........___.__.................._._.$ Regular Operating Expenses ,,,,_._._,,....--.--.---_--_$ Travel ........,,...._....__......................._......._..._...................$ Motor Vehicle Equipment Purchases ----.....-----...$ Publications and Printing ........................................I Equipment Purchases __..--....._-_.-.-._._.,,..----...--,,..-__.$ Per Diem and Fees ....................................................I Computer Charges .........--_..........-.__.....__--_......__,,___..$ Total Funds Budgeted ...............................................I State Funds Budgeted _...........__.........,,........__.....__.._.$ Total Positions Budgeted

734,772 66,420 4,000 --0-- 42,400 5,000 --0--
260,875 1,113,467 1,113,467
74

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

338,205 4,740 2,000
--0-- 43,384
2,000 100
78,437 468,866 468,866
36

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 ......_..._........._........_......__.......-...$

1,150,381 140,624 3,507 --0-- 178,843 2,500 --0--
1,305,192

1224

JOURNAL OF THE SENATE,

Total Funds Budgeted ___.___.........___.___._..--...._-.-......$ State Funds Budgeted ___..__.___..__.._..__--.._.--___._._________.$ Total Positions Budgeted

2,781,047 2,781,047
113

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

1,544,367 206,868 47,032 114,000 13,472 7,500 15,200 69,796
2,018,235 2,018,235
123

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

1,776,332 241,745 5,212 14,502 207,128 12,800 --0--
1,545,320 3,803,039 3,803,039
209

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

1,082,272 43,493 148,500 --0-- 3,000
16,000 500
5,000 1,298,765 1,298,765
76

10. Field Audit Services Budget:
Personal Services ...............................................^ Regular Operating Expenses __..___..._-----------------.$ Travel ........__.___.-...-..._._.....___..,,._........._..-._..._..............$ Motor Vehicle Equipment Purchases ._..,,_....._...,,.._.$ Publications and Printing _....................,,.........._........$ Equipment Purchases ....................--.----..--.--------$ Per Diem and Fees ................... ..^

2,829,210 139,550 219,000 --0-- 8,918 24,573 2,000

THURSDAY, FEBRUARY 27, 1975
Computer Charges --_...... Total Funds Budgeted .... State Funds Budgeted .... Total Positions Budgeted

1225
5,000 3,228,251 3,228,251
239

11. Motor Vehicle Tag Purchases Budget:
Motor Vehicle Tag Purchases ....---..... Motor Vehicle Decal Purchases ......___.. Total Funds Budgeted _______.___...___...,,___ State Funds Budgeted ....--.......--........ Total Positions Budgeted

1,860,000 279,400
2,139,400 2,139,400
0

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,860,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 3,100,000 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 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

Provided, that of the above appropriation, no funds are designated and committed for the cost of the In tangible Tax Equalization Fund provided for in an Act approved 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 .................._...$

11,903,915 1,669,631
487,433 145,502 771,054
77,473 84,100 4,647,479 325,000 860,000

1226

JOURNAL OF THE SENATE,

Motor Vehicle Tag Purchases .............._.-_.._....._.--...$ Motor Vehicle Decal Purchases ..............-.........-....$ Intangible Tax Equalization Fund ............................^

1,860,000 279,400 --0--

Section 37. Secretary of State. Budget Unit: Secretary of State ................................I

5,870,706

1. Occupational Certification 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

1,092,065 372,167 137,536 --0-- 53,500 44,000 129,000 --0--
1,828,268 1,819,768
114

2. Securities Regulation Budget:
Personal Services ................................. 4 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

167,260 17,000 12,000 -- 0-- 2,000 6,000 --0-- --0-- 204,260 204,260
13

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

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 .............................. ^^^^

209,339 4,700 40,680

THURSDAY, FEBRUARY 27, 1975
Motor Vehicle Equipment Purchases .....................^ Publications and Printing ........................................^ Equipment Purchases ..............................................^ Per Diem and Fees .___-_--............,,........_.._..,,.........$ Computer Charges .._..........-,,_,,._..._._....,,...,,.--..._..._,,_$ Total Funds Budgeted _..__._..--_____..-.____..-.-$ State Funds Budgeted ________,,,,____--.......................^ Total Positions Budgeted

1227
--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

1,003,286 138,309
6,400 3,500 23,000 16,500 --0-- --0-- 815,000 2,005,995 2,005,995
89

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

365,545 79,000 7,000 --0-- 68,000
7,000 4,000 --0-- 530,545 510,545
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

383,239 123,700
4,000 --0-- 100,000
5,000 --0-- --0-- 615,939 615,939
28

8. Bicentennial Commission Budget: Personal Services .......................................................^

48,599

1228

JOURNAL OF THE SENATE,

Regular Operating Expenses _._.._...........--,,--.....,,..$

Travel .........._.............._........-._........-.._...............-_..........$

Motor Vehicle Equipment Purchases ....................$

Publications and Printing ._..__...............-...._.............$

Equipment Purchases ...................................--..........if

Per Diem and Fees .............................$

Computer Charges --...------.----------.$

Total Funds Budgeted __..................__..................._......$

State Funds Budgeted .........

^

Total Positions Budgeted

18,806 4,000 --0-- 5,200 1,300
-- 0-- --0-- 77,905 77,905
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 ..................................$ Travel .................................. ^^^$ Motor Vehicle Equipment Purchases _..._...........__....$ Publications and Printing .................$ Equipment Purchases _._.____,,___,,.--._____---,,_..._---...___.$ Per Diem and Fees ......................$ Computer Charges ........_._........____.___.--.--___.._._._____.$ Authority Lease Rentals .__.__.._........._........._..._........,,.$

3,490,002
828,988
217,116 3,500
322,200 85,900 136,500 --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.

Provided, that of the above appropriation relating
to the Secretary of State, $50,000 of the amount budget ed to the object class Regular Operating Expenses in the Corporations Regulation Budget is designated and committed for legal fees for dissolution of defunct corporations.

Section 38. State Scholarship Commission. Budget Unit: State Scholarship Commission ............$
1. Internal Administration Activity Budget: Personal Services ................................... ..^

8,399,082 586,730

THURSDAY, FEBRUARY 27, 1975

1229

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

130,680 24,440 --0-- 15,400 18,000 9,662
248,838 1,033,750
671,150 50

2. Higher Education Assistance Corporation Budget:

Payment of Interest

......-$

Total Funds Budgeted .................. ^

State Funds Budgeted ........,,..........._......_..._........_......$

Total Positions Budgeted

296,000 296,000 121,000
0

3. Higher Education Assistance Authority Budget:

Direct Guaranteed Loans

.__.,,$

Tuition Equalization Grants ................. .....^

State Student Incentive Scholarships _....__.__......___.$

Total Funds Budgeted ............ 4

State Funds Budgeted ............................,,..,,.._._....,,...$

Total Positions Budgeted

1,995,000 5,046,932 1,030,000 8,071,932 7,596,932
0

4. Law Enforcement Personnel Dependents Scholarship Program Budget:
Law Enforcement Personnel Dependents Scholarships ............$
Total Funds Budgeted I...............................................? State Funds Budgeted ............. ^ Total Positions Budgeted

10,000 10,000 10,000
0

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

.............. 4

Payment of Interest ....................___.._......._................$

Direct Guaranteed Loans ........._..__..._......._..___.__,,___.$

Tuition Equalization Grants ...........$

State Student Incentive Scholarships .--__..............$ Law Enforcement Personnel Dependents
Scholarships ......................................^

586,730 130,680 24,440 --0-- 15,400 18,000
9,662 248,838 296,000 1,995,000 5,046,932 1,030,000
10,000

1230

JOURNAL OF THE SENATE,

Provided, that of the above appropriation relative to Direct Guaranteed Loans, an amount not to exceed $12,000 is designated and committed for the purpose of providing stipends for training recruitment and counsel or personnel in health career fields.

Provided, that of the above appropriation 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 appropriation relative to Law Enforcement Personnel Dependents Scholar ships, $10,000 is designated and committed solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards perma nently disabled or killed in the line of duty, as provided by law.

Provided, that of the above appropriation, $5,046,932 is designated and committed to provide Tuition Equaliza tion Grants to students attending private colleges as provided in Ga. Laws 1971, p. 906.
Provided, that of the above appropriation relative to State Student Incentive Scholarships, $1,030,000 is designated 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 Higher Education Assistance Authority. Residents of Georgia for a period of at least twelve months immediately pre ceding their date of registration in a branch of the Uni versity System of Georgia, a private college or univer sity which is an approved institution under Ga. Laws 1971, p. 906, as amended, a college or university receiv ing 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 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, prior-

THURSDAY, FEBRUARY 27, 1975
ity 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 Veteran Students otherwise eligible and qualifying to receive a State Student Incentive Scholar ship under this program shall have priority and be eligible to receive a scholarship without regard to their undergraduate academic level or classification, provided, however, such priority for veterans shall only apply to $230,000 of the funds appropriated to State Student In centive Scholarships.
Until the State Student Incentive Scholarship Pro gram is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institu tions of higher education, nor for summer period study to students in other postsecondary educational institu tions unless summer period study is part of the typical academic year of such institution.

Section 39. Soil and Water Conservation Committe.
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 _.......__..__..--....._------..$

Travel

...._._....._$

Motor Vehicle Equipment Purchases ,,_.__. ...,,_. $

Publications and Printing _._.,,_.___--___,,___-.__.,,_____.______.$

Equipment Purchases ______.._____--_.._,,_--._.--_.____..._..$

Per Diem and Fees -........._,,.__.,,...__.........................._.$

Computer Charges ...._..__.,,......._,,--........_,,........___,,...$

1231
395,409
138,165 176,989 25,344 --0--
3,355 1,400 60,156 --0-- 405,409 395,409
11
138,165 176,989 25,344 --0--
3,355 1,400 60,156 --0--

1232

JOURNAL OP THE SENATE,

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System _,,__.____._.$

245,065

Departmental Operations Budget:

Personal Services ....................... .^

Regular Operating Expenses ....................................$

Travel _.._____..______._.._________________.._.____._____._..-.._____-_._..._.$

Motor Vehicle Equipment Purchases ....................^

Publications and Printing ........................................^

Equipment Purchases _.______.,,_,,--,,__--.----------------$

Per Diem and Fees ......................^............................^

Computer Charges

..................... .^

Floor Fund for Local Retirement Systems _...........$

Total Funds Budgeted ...._......._.-_...__---._..-..-......$

State Funds Budgeted _..-....-----...----....--..-$

Total Positions Budgeted

448,412 42,300 14,500 --0-- 9,100 9,000 178,400 131,700 245,065 1,078,477 245,065
37

Budget Unit Object Classes:

Personal Services .........--.........._......._-.._.--.__.._--.._--..$

Regular Operating Expenses .,,._......__----,,-...--...-..$

Travel ....................

.^$

Motor Vehicle Equipment Purchases ........__.._........$

Publications and Printing .._._._..__..__.,,..__...__._._......_..$

Equipment Purchases ....................... 4

Per Diem and Fees .._.....__..............__......_......._._.........$

Computer Charges ........... ......^

Floor Fund for Local Retirement Systems _....._.._..$

448,412
42,300 14,500 --0-- 9,100 9,000 178,400 131,700 245,065

Provided, that of the above appropriation relating to Floor Fund for Local Retirement Systems, $245,065 shall be used to implement a nine dollar per month per year of service retirement floor effective April 1, 1975.

Section 41. Department of Transportation. Budget Unit: Department of Transportation .........._.$ 252,992,454

1. Planning and Construction Budget:

Personal Services _..........._._..._...............,,....._.._..._..._._.$ 49,812,980

Regular Operating Expenses ....................................^ 6,297,915

Travel ............................... .^^ 2,680,040

Motor Vehicle Equipment Purchases _..._..._.,,-..._._.$

--0--

Publications and Printing .........................................$

26,275

Equipment Purchases ................................................^

92,450

Per Diem and Fees ,,__........._._.-...-....._..-------...----..$

--0--

Computer Charges ....................................................^

--0--

Capital Outlay ,,..._____.._.......___._._......._.___.._--_.___._....._._...$ 197,647,500

Total Funds Budgeted .............................................^ 256,557,160

State Funds Budgeted ................................................$ 117,777,075

Total Positions Budgeted

3,959

THURSDAY, FEBRUARY 27, 1975

1233

2. Maintenance and Betterments Budget:

Personal Services

......$

Regular Operating Expenses .....--...........________________.$

Travel .__.___.______.._____..._._________..._.....__.._._.____.__.___.___._____._.$

Motor Vehicle Equipment Purchases __..______....,,...._.$

Publications and Printing ........................................if

Equipment Purchases ....._______._________...___.___.___.________$

Per Diem and Fees ....................................................if

Computer Charges ......................................................if

Capital Outlay --._...._................--.--__......_..._..._..----..$

Total Funds Budgeted .,,

.

$

State Funds Budgeted ____________......_.._..____________....____-__$

Total Positions Budgeted

29,752,716 16,134,301
347,680 --0--
1,510 --0-- --0-- --0-- 18,929,394 65,165,601 65,165,601
4,112

3. Authorities Budget:
Authority Lease Rentals .............._..................._._.....$ State of Georgia General Obligation
Debt Sinking Fund ___._______________.___.....___..._.___._...___.$ Total Funds Budgeted ................_.-..........._.._............$ State Funds Budgeted ............_...................................$

27,377,802
5,096,879 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 1,128,625 1,596,600 5,524,320 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 .. .........................................._.$

Total Positions Budgeted

114,886 2,094,182
2,000 --0--
5,000 --0-- --0-- --0-- 2,216,068 2,216,068
10

7. Administration Budget:
Personal Services _............._._._............._........^.......... $ Regular Operating Expenses ... ...._...........................$

5,153,232 1,911,163

1234

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

346,021 --0-- 370,060 --0--
7,200 1,261,886 9,049,562 9,049,562
369

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 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 pay able in lieu of the amount appropriated herein.

Provided, however, that objects for Activities fi nanced by Motor Fuel Tax including Planning and Con struction, 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 De partment 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.

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.

THURSDAY, FEBRUARY 27, 1975

1235

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. For the cost of road and bridge construction and sur veys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for county contracts shall l>e 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 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 es sential 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 ap propriated 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 Geor gia 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 Com mission, for any reason, should decide not to use the General Obligation procedures established by the Con stitution to finance said new program for the construc tion 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

1236

JOURNAL OF THE SENATE,

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 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 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 Transporta tion, 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.

Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below:

Maintenance and Betterments Resurfacing Program ........ ..................._........ ....$ 11,091,345.88

This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropria tions of an amount equivalent to motor fuel tax revenue required under Article VII, Section IX, Paragraph IV of the State Constitution.

8. Assistance to Municipalities Budget:

Grants to Municipalities

. ... $

Total Funds Budgeted ......_..$

State Funds Budgeted ..............................................I

9,317,000 9,317,000 9,317,000

THURSDAY, FEBRUARY 27, 1975

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 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 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.

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.

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 ............ ........_..,,..-...........-.......--.$

Capital Outlay ........................................_...................$

Total Funds Budgeted ...........................................$

State Funds Budgeted _................................._.............$

Total Positions Budgeted

1237
290,345 292,220 10,800 32,500
300 17,400 1,000 --0-- 45,000 689,565 539,565
18

10. Inter-Modal Transfer Facilities 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

........$

Total Funds Budgeted ................................................$

State Funds Budgeted .....................-....-.........---$

Total Positions Budgeted

253,509 537,280
16,000 --0-- 14,500
6,600 --0-- --0-- 878,000 1,705,889 1,705,889
19

1238

JOURNAL OF THE SENATE,

11. Harbor Maintenance Budget:
Harbor Maintenance Payments ________,,_--_--_,,--..,,$ Total Funds Budgeted ................................................^ State Funds Budgeted ............................^

430,000 430,000 430,000

Budget Unit Object Classes:

Personal Services ....................................................--^ 85,377,668

Regular Operating Expenses ___.___.-,,_.._----_--$ 27,267,061

Travel ..............................$ 3,402,541

Motor Vehicle Equipment Purchases .,,_.._.__.,,..--.$ 2,831,595

Publications and Printing .......,,........,,.__.......__,,.......$ 417,645

Equipment Purchases .........................................----.^ 1,245,075

Per Diem and Fees .............................$

8,200

Computer Charges .,,.__..__.---,,,,,,.$ 1,261,886

Capital Outlay ............ ..........^ ..... ..^ 219,096,494

Grants to Municipalities ..... ..-....--..-$ 9,317,000

Harbor Maintenance Payments ...-........,..............$ 430,000

Grants to Counties ......--._.._.._-_....----._--_.__..._._...$ 9,317,013

Authority Lease Rentals ..............................^ 27,377,802

State of Georgia General Obligation

Debt Sinking Fund ....__..............,,....,...,,........_..___.$ 5,096,879

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-%% 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.

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 42. Department of Veterans Service. Budget Unit: Department of Veterans Service .._.....$ 6,717,787
1. Veterans Assistance Budget: Personal Services --__,,_-_---__.__....,,____,,........._._...,,.....$ 1,827,478

THURSDAY, FEBRUARY 27, 1975

1239

Regular Operating Expenses _........-......__.._..........._...$

Travel ,,---.--..-.- ... -....$

Motor Vehicle Equipment Purchases ____.-.._._.___._._.$

Publications and Printing .__..__.....___._______.__.........._._.$

Equipment Purchases

................$

Per Diem and Fees ._..._..._......___.____._..___._._.___.___._._.___.$

Computer Charges _...._.........$

Grants to Confederate Widows ___..._.____........___....._._.$

Total Funds Budgeted ...............................................^

State Funds Budgeted ..................................... .._____...$

Total Positions Budgeted

109,323 62,357 --0-- 20,659 12,931 7,450 350 25,118
2,065,666 1,836,907
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 ............................is!

Operating Expenses/Payments to

Central State Hospital ..........................................I

Capital Outlay

.................. ...^

Total Funds Budgeted .............._.................................$

State Funds Budgeted ___.___.___._._..__.........._..................$

Total Positions Budgeted

71,052 28,000
250 -- 0-- -- 0-- 22,000
500 --0--
3,771,175 3,250,000 7,142,977 3,613,171
7

3. Veterans Nursing Home-- Augusta Budget:

Operating Expense/Payments to

Medical College of Georgia

....

$

Total Funds Budgeted _..................._.........................$

State Funds Budgeted ___..._.___..__.___..__.._..__..___.___.___.__..?

Total Positions Budgeted

1,655,339 1,655,339 1,267,709
0

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 ............._.._.................................. $

Grants to Confederate Widows ..............................^

Operating Expense/Payments to

Central State Hospital .............._........................ $

Operating Expense/Payments to Medical College of Georgia .............._.................$

Capital Outlay .............

^,

1,898,530 137,323 62,607 --0-- 20,659 34,931 7,950 350 25,118
3,771,175
1,655,339 3,250,000

1240

JOURNAL OP THE SENATE,

Section 43. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board _....._.$

1,543,062

Departmental Operations Budget:

Personal Services

,,,

$

Regular Operating Expenses ______________________--__,,--_,,_$

Travel ..,,,,,,_.........,,...,,$

Motor Vehicle Equipment Purchases _._..,,--._--...$

Publications and Printing _..............................._..._...$

Equipment Purchases

,, ...._...........$

Per Diem and Fees ....................4

Computer Charges .,,....................-_......_.._....._.._..__..$

Total Funds Budgeted .................................-..............$

State Funds Budgeted ..........................................._.$

Total Positions Budgeted

1,238,862 215,800 26,500 --0-- 15,000 22,500 5,000 19,400
1,543,062 1,543,062
90

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 ..........$

1,238,862 215,800 26,500 --0-- 15,000 22,500 5,000 19,400

Section 44. 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 sales 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 retail ing motor fuel.

Section 45. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby 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 appropriated for the fiscal year beginning July 1, 1974, and for each

THURSDAY, FEBRUARY 27, 1975

1241

and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount suf ficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropria tions.

The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease con tracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.

Section 46. 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 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 between objects, programs, and activities subject to the condi tions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds 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) mem bers of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual 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, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly ap proved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recom mendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget contain ing any such allocation until such shall be submitted and approved in the same manner and under the same con ditions provided hereinbefore for transfers.

1242

JOURNAL OF THE SENATE,

Section 47. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the ob ject 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 Assembly.

Section 48. 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 49. 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 year, the 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 .........................._.....__......................._...........$1,702,971,922.75.

Section 50. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 51. All laws and parts of laws in conflict with this Act are hereby repealed."

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 Broun of the 46th moved that the Report of the Second Committee of Conference on HB 169 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 Barnes Broun of 46th

Brown of 47th Dean of 31st Doss

Duncan Fincher Foster

THURSDAY, FEBRUARY 27, 1975

1243

Hamilton of 26th Hill Holley Holloway Hudson Kennedy

Lester Lewis Overby Reynolds Riley Russell

Starr Timmons Traylor Turner Young

Those voting in the negative were Senators:

Banks Barker Bell Bond Brantley Coverdell Dean of 6th Eldridge Garrard

Gillis Hamilton of 34th Howard Hudgins Kidd Langford McDowell McGill Pearce

Robinson Shapard Stumbaugh Summers Sutton Tate Thompson Tysinger Warren

Those not voting were Senators Carter, McDuffie and Stephens.

On the adoption of the Second Conference Committee Report, the yeas were 26, nays 27; the motion was lost, and the Second Conference Committee Report on HB 169 was rejected.

Senator Broun of the 46th moved that the Senate reconsider its action in rejecting the Second Conference Committee Report on HB 169.

On the motion, the President ordered a roll call and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Broun of 46th Brown of 47th Dean of 31st Doss Duncan Fincher Foster Garrard

Gillis Hamilton of 26th Holley Holloway Hudson Kennedy Kidd Lester Lewis McDowell

Those voting in the negative were Senators:

Banks Bell Bond Brantley

Coverdell Dean of 6th Eldridge Hamilton of 34th

McGill Overby Reynolds Riley Russell Starr Timmons Traylor Turner Young
Hill Howard Hudgins Langford

1244

JOURNAL OF THE SENATE,

Pearce Robinson Shapard Stumbaugh

Summers Button Tate

Thompson Tysinger Warren

Those not voting were Senators Carter, McDuffie and Stephens.

On the motion to reconsider, the yeas were 31, nays 22; the motion prevailed, and the adoption of the Second Conference Committee Report on HB 169 was reconsidered.

Senator Broun of the 46th moved that the Second Conference Committee Report on HB 169 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 Barnes
Broun of 46th Brown of 47th Dean of 31st Doss Duncan Fincher Foster Garrard Gillis

Hamilton of 26th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McGill

Overby Pearce Reynolds Riley Russell Starr Tate Timmons Traylor Turner Young

Those voting in the negative were Senators!

Banks Bell Bond Brantley Coverdell Dean of 6th

Eldridge Hamilton of 34th Howard Langford Robinson Shapard

Stumbaugh Summers Sutton Thompson Tysinger Warren

Those not voting were Senators Carter, McDuffie and Stephens.

On the motion to adopt the Second Conference Committee Report to HB 169, the yeas were 35, nays 18; the motion prevailed, and the Second Conference Committee Report to HB 169 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:

THURSDAY, FEBRUARY 27, 1975

1245

HB 76. By Representative Larsen of the 27th:
A bill to amend an Act known as the "Uniform Reciprocal Enforcement of Support Act", so as to provide that the district attorney shall represent the plaintiff under the provisions of public assistance or the obligee is a dependent child or the obligees are dependent children.

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 31. By Representatives Burruss of the 21st, Shanahan of the 7th and Ross of the 76th:
A bill to create the Georgia Municipal Electric Authority as an institution of purely public charity performing an essential governmental function; to authorize the Authority to acquire, operate and maintain public project embracing generation and transmission of electric power and energy.

The Speaker has appointed on the part of the House the following members thereof:

Representatives Triplett of the 128th, Shanahan of the 7th and Ross of the 76th.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

HB 110. By Representatives Castleberry of the lllth, Parrish of the 97th, Bargeron of the 83rd and others:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide that in cases in which the minimum insurance required by this Act is cancelled by the insurer, upon receipt of notification of such cancellation the Department of Public Safety shall send a notification to the owner of such motor vehicle that the Department has been informed of the fact of such cancellation.

HB 292. By Representatives Howard of the 19th and Karrh of the 106th:
A bill to amend an Act to provide minimum salaries for the county sheriffs of the State of Georgia to be paid from county funds, so as to change the amount of such minimum salaries.

Senator Riley of the 1st 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 at 7:46 o'clock P. M.

1246

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Friday, February 28, 1975

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 Warren of the 43rd moved that the Senate reconsider its action of February 27 in defeating the following bill of the House:

HB 36. By Representative Alexander of the 38th:
A bill to amend an Act providing for confirmation of sales under fore closure proceedings on real estate so as to provide that no sale of real estate under powers contained in deeds to secure debt shall be valid unless notice of intent to sell such property has been mailed by the grantee, assignee or transferee of the deed to secure debt to the apparent owner by certified mail.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 36 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 355. By Representative Glover of the 32nd:
A bill to amend an Act providing for a board of registration and elec tions in each county of this State having a population of more than 500,000 so as to change the provision relative to the elections supervisor.

HB 677. By Representative 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.

FRIDAY, FEBRUARY 28, 1975

1247

HB 678. By Representative 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 allowance for the sheriff for feeding county prisoners.

HB 679. By Representative 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 assistance allowance of the tax commissioner.

HB 680. By Representative Peters of the 2nd:
A bill to amend an Act placing the Judge of the Probate Court and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees so as to increase the salary of the clerk of the superior court.

HB 904. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act incorporating the Town of Orchard Hill in Spalding County so as to provide that the town shall be a body politic and corporate with perpetual succession, may contract, may sue and be sued, plead and be impleaded in the courts, and may have and use a common seal.

HB 930. By Representatives Lambert of the 112th and Milford, Clark and Mann of the 13th:
A bill to create and establish a Small Claims Court in and for Greene County.

HB 931. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act creating a new Charter for the City of Madison so as to authorize the Mayor and Council to appoint a recorder of the Mayor's Court and fix his compensation.

HB 932. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act creating a new charter for the City of Madison so as to change the terms of office of the mayor and councilmen.

HB 933. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Judge of the Probate Court, Tax Collector and Tax Receiver of Morgan County on a salary basis in lieu of a fee system of compensation so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Morgan County.

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HB 938. By Representative Rainey of the 135th:
A bill to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Dooly County on an annual salary in lieu of the fee system of compensation so as to change the provisions relative to feeding prisoners confined in the county jail.

HB 943. By Representative Phillips of the 91st:
A bill to amend an Act incorporating the Town of Waverly Hall in Harris County so as to provide for a quorum at meetings of the mayor and council; to provide for a minimum number of votes for the passage of ordinances and resolutions.

HB 946. By Representative Dixon of the 151st:
A bill to amend an Act placing the clerk of the superior court of Charlton County upon an annual salary so as to change the compensa tion of the clerk.

HB 947. By Representative Dixon of the 151st:
A bill to amend an Act placing the sheriff and judge of the probate court of Charlton County upon an annual salary so as to change the compensation of the sheriff.

HB 948. By Representative Dixon of the 151st:
A bill to amend an Act consolidating the offices of the tax receiver and tax collector of Charlton County so as to change the compensation of the tax commissioner; to provide for a change in the disposition of certain commissions allowed tax commissioners.

HB 949. By Representative Dixon of the 151st:
A bill to provide for the election of members of the Board of Educa tion in Charlton County.

HB 950. By Representatives Dixon of the 151st and Sweat of the 150th:
A bill to amend an Act creating the Waycross and Ware County Development Authority so as to change the provisions relative to the membership of the Authority.

HB 953. By Representatives Triplett of the 128th, Battle of the 124th, Chance of the 129th 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 relating to the compensation of the members of said board.

FRIDAY, FEBRUARY 28, 1975

1249

HB 957. By Representative Sweat of the 150th:
A bill to amend an Act placing the sheriff of Clinch County upon an annual salary so as to change the compensation of the sheriff; to change the provisions relative to the automobiles used by the sheriff.

HB 958. By Representative Sweat of the 150th:
A bill to amend an Act creating a new charter for the City of Homerville so as to provide the time period within which candidates shall qualify for the offices of mayor and aldermen; to provide for the numbering of positions of membership on the council.

HB 959. By Representatives Howell of the 140th, Hatcher of the 131st and Irwin of the 130th:
A bill to amend an Act placing the sheriff of Calhoun County upon an annual salary so as to change the compensation of the sheriff.

HB 960. By Representative Ross of the 76th:
A bill to create a new charter for the City of Warrenton; to prescribe the corporate limits of said city; to provide for the government of said city and its corporate powers.

HB 961. By Representative Ross of the 76th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Lincoln County and providing in lieu thereof an annual salary so as to change the compensation of the said sheriff.

HB 962. By Representative Ross of the 76th:
A bill to amend an Act entitled "An Act to amend the Act of 1922 so as to change the term of office of board of county commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties,", so as to change the compensation, expenses and allowances of the Chairman of the Board of Commissioners.

HB 963. By Representative Ross of the 76th:
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 965. By Representatives Patten and Carter of the 146th:
A bill to amend an Act creating a Board of Commissioners of Tift County so as to provide that a member of the board of commissioners

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from commissioner districts 2, 4 and 5 shall be ineligible for the office of chairman unless he resigns from office by a certain date.

HB 966. By Representative Carr of the 105th:
A bill to amend an Act creating the State Court of Washington County so as to change the method of selecting jurors; to provide for civil and criminal trials by a jury of six persons.

HB 967. By Representatives Evans of the 99th, Randall of the 101st, Banks of the 104th and others:
A bill to amend an Act fixing the terms of the Superior Court of Bibb County and providing for the drawing of grand juries so as to provide that the grand jury shall be sworn when first empaneled and need not be sworn thereafter even though its life extends beyond the term of court when original drawn.

HB 968. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to abolish the present mode of compensating the Judge of the Probate Court as Long 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.

HB 969. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Long County into the office of the Tax Commissioner of Long County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner.

HB 970. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to abolish the present mode of compensating the clerk of the Superior Court of Long 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.

SB 117. By Senator Summers of the 63rd:
A bill to amend an Act incorporating the Town of Trion, so as to provide for increasing the length of the terms of the mayor, recorder and five members of the town council as the governing body of the Town of Trion.
HB 656. By Representatives Sigman of the 74th, Hays of the 1st, Owens of the 77th and others:
A bill to provide that no benefit, privilege, entitlement or preference

FRIDAY, FEBRUARY 28, 1975

1251

shall be granted or available to any person under the laws of this State for his service as a member of the Armed Forces of the United States unless such person shall have been discharged from the Armed Forces under certain conditions.

HB 881. By Representatives Lambert of the 112th, Wood of the 9th, Jones of the 126th and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", as amended, so as to grant the Governor the emergency power to provide welfare benefits to the citizens of Georgia.

HB 882. By Representatives Lambert of the 112th, Wood of the 9th and Carlisle of the 71st:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951" so as to authorize each political subdivision of this State to ac quire sites for installation of temporary housing units for victims of disasters; to authorize political subdivisions of this State to acquire temporary housing units and to prepare or equip sites to utilize said housing units.

HB 393. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Section 92-3108, of the Code of Georgia of 1933, defining terms of the Code relating to the taxation of net income, so as to con form their meaning to the meanings such terms have in the U. S. Internal Revenue Code of 1954 in force and effect on Jan. 1, 1975.

HB 599. By Representative Burruss of the 21st:
A bill to amend Code Section 34-1513, relating to requirements for nomination and election in certain elections, so as to provide that certain candidates in primary and general elections are not qualified to be eligible as a write-in candidate in a run-off election.

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

HB 514. By Representative Irvin of the 10th:
A bill to abolish the present mode of compensating the Judge of the Probate Court and Clerk of the Superior Court of Banks County, known as the fee system; to provide in lieu thereof the annual salary.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

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JOURNAL OF THE SENATE,

SB 243. By Senator Traylor of the 3rd:
A bill to provide for the compensation of judges of the State courts in certain counties of this State.

The House has agreed to the Senate amendment to the following bills of the House, to-wit:

HB 635. By Representatives Castleberry of the lllth and Edwards of the 110th: A bill to provide a new charter for the City of Cusseta.

HB 558. By Representative Smith of the 78th:
A bill to create and establish a small claims court for Lamar County, Georgia, to be known as the Small Claims Court of Lamar County.

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

HB 473. By Representatives Williams of the 54th and Sigman of the 74th:
A bill to provide that no gas or electric utility company or electric mem bership corporation shall cut off or suspend gas or electric service in any residence because the resident has failed to pay for or has failed to make timely payments for any appliance purchased from or any ap pliance repaired by such company or corporation.

HB 579. By Representative Rainey of the 135th:
A bill to amend the Natural Resources Act of 1973 so as to authorize the Dept. of Natural Resources to contract for or provide itself neces sary water transportation and essential services for its employees, other State employees, their families and other permanent residents of certain coastal islands.

HB 856. By Representatives Russell of the 53rd, Jordan of the 58th, Richardson of the 52nd and others:
A bill to amend Code Chapter 34-10 relating to the nomination of candidates so as to provide that certain county judicial officers and certain judges of the superior courts may be elected in nonpartisan elections.

HB 876. By Representative Egan of the 25th:
A bill to amend an Act known as the "Georgia Securities Act of 1973", approved April 18, 1973, so as to redefine certain terms; to authorize the Commissioner to impose fees to cover the costs of giving examina tions.

FRIDAY, FEBRUARY 28, 1975

1253

HB 687. By Representative Howell of the 140th:
A bill to amend Code Chapter 34A-13, relating to absentee voting in municipal primaries and elections so as to require the use of absentee ballots in all municipal primaries and elections; to provide the proce dures for voting by absentee ballot in municipal primaries and elections.

HB 844. By Representative Howell of the 140th:
A bill to amend Code Chapter 34-10A, relating to the Presidential Preference Primary so as to provide for a proclamation by the Gover nor; to prohibit assessment of a qualifying fee for presidential candi dates; to provide that such primary shall be conducted in accordance with the provisions governing general primaries.

HB 218. By Representatives Adams of the 14th and Toles of the 16th:
A bill to amend Code Section 92-7601, relating to interest on executions issued for taxes, so as to provide that such executions shall bear interest at the maximum rate of interest allowed within this State.

HB 32. By Representative Alexander of the 38th:
A bill to amend Code Section 34A-1204, relating to the time for opening and closing polls in municipal primaries and elections, so as to change the time for closing the polls in certain municipalities.

HB 613. By Representatives Howell of the 140th, Greer of the 43rd and others:
A bill to amend Code Chapter 34A-12 relating to the preparation for and conduct of municipal elections, so as to prohibit all campaigning within two hundred fifty feet of polling place and to prohibit the carry ing of firearms within two hundred fifty feet except by certain peace officers.

HB 807. By Representative Burruss of the 21st:
A bill to amend an Act known as the Georgia Electrical Contractors Act, approved April 8, 1971, so as to grant the Board of Electrical Con tractors the power to adopt rules and regulations for the enforcement of the Act; to grant the Board the powers to revoke or suspend the license of any licensee for violation of the Act or the rules and regula tions of the Board.

HB 215. By Representative Glover of the 32nd:
A bill to amend Section 23-1705 (3) of the Code of Georgia of 1933 so as to increase from $1,000 to $5,000 the amount of total contract price below which no payment or performance bond is required on certain public works contracts of the state, counties and municipalities.

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HB 309. By Representatives Coleman of the 118th and Colwell of the 4th:
A bill to authorize the Department of Administrative Services to formulate and implement a Statewide plan to regulate Public Safety Radio Services.

HB 527. By Representative Knight of the 67th:
A bill to amend Section 92-3303 of the Code of Georgia of 1933 so as to reduce from two years to ninety days the time within which taxes may be assessed or refunds claimed as to any taxable period for which corrections have been made by the Federal Internal Revenue Service.

HB 708. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
A bill to amend the Motor Vehicle Franchise Practices Act, approved February 28, 1974, so as to provide sanctions against dealers who fail to register or renew their registrations.

HB 709. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
A bill to amend the Motor Vehicle Franchise Practices Act, approved February 28, 1974, so as to change certain provisions relative to the granting of additional franchises to motor vehicle dealers.

HB 710. By Representatives Smith of the 78th and Adams of the 36th:
A bill to amend an Act providing for the sale of certain abandoned motor vehicles approved March 23, 1972, so as to change certain of the provisions relative to the sale of abandoned motor vehicles at public auctions.

HB 711. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
A bill to amend the Motor Vehicle Franchise Practices Act, approved February 28, 1974, so as to change certain provisions relating to the compensation of dealers for warranty service.
HB 859. By Representative Hatcher of the 131st:
A bill to amend Code Section 24A-1403, relating to the place of deten tion of children under the jurisdiction of juvenile courts in order to provide for the places of detention, so as to provide that juveniles shall not be detained in a jail pending a committal hearing or indictment unless detained in a room separate and removed from those for adults.
HB 860. By Representative Hatcher of the 131st:
A bill to repeal Code Section 24A-2304 relating to commitment of certain

FRIDAY, FEBRUARY 28, 1975

1255

children by the Juvenile Court to the custody of the Department of Corrections.

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

SB 358. By Senator Kidd of the 25th:
A bill to provide for sick leave for teachers in certain public school systems. Referred to Committee on County and Urban Affairs.

SB 359. By Senators Tysinger of the 41st, Barnes of the 33rd and Thompson of the 32nd:
A bill to comprehensively revise and codify the laws of this State regulating the practice of professional engineering and the practice of land surveying; to amend Code Title 84, relating to professions and trades, so as to codify the laws relating to professional engineering and land surveying as Code Chapter 84-21.
Referred to Committee on Industry, Labor and Tourism.

SB 360. By Senator Holley of the 22nd:
A bill to provide that every agreement, promise or undertaking to pay compensation for services rendered in negotiating a loan, or in negotia ting the purchase, sale, exchange, renting or leasing of any business op portunity, business, good will, inventory, fixtures or an interest therein, including a majority of the voting stock interest of a corporation and including the creating of a partnership interest is void unless the contract is in writing.
Referred to Committee on Banking, Finance and Insurance.

SR 130. By Senator Kidd of the 25th:
A resolution relative to the need for constructive organization changes and other remedial administrative and pragmatic actions within the Georgia Department of Human Resources. Referred to Committee on Human Resources.

SR 131. By Senator Warren of the 43rd:
A resolution proposing an amendment to the Constitution, so as to provide that the members of all county boards of education shall be elected by the people; to provide that the county school superintendent shall be appointed by the board of education of each county; to provide for procedures connected therewith.
Referred to Committee on Education.

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JOURNAL OF THE SENATE,

SR 132. By Senator Bell of the 5th:
A resolution proposing an amendment to the Constitution, so as to allow the General Assembly to provide for circuit wide grand and traverse jurors for the superior courts. Referred to Committee on Judiciary.

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

HB 355. By Mrs. Glover of the 32nd:
A bill to amend an Act providing for a board of registration and elec tions in each county of this State having a population of more than 500,000! so as to change the provision relative to the elections supervisor. Referred to Committee on County and Urban Affairs.

HB 677. By Representative 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.

HB 678. By Representative 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 allowance of the sheriff for feeding county prisoners. Referred to Committee on County and Urban Affairs.

HB 6'79. By Representative 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 assistance allowance of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 680. By Representative Peters of the 2nd:
A bill to amend an Act placing the Judge of the Probate Court and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees so as to increase the salary of the clerk of the superior court. Referred to Committee on County and Urban Affairs.

HB 904. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act incorporating the Town of Orchard Hill in Spalding County so as to provide that the town shall be a body politic and corporate with perpetual succession, may contract, may sue and be

FRIDAY, FEBRUARY 28, 1975

1257

sued, plead and be impleaded in the courts, and may have and use a common seal.
Referred to Committee on County and Urban Affairs.

HB 930. By Representatives Lambert of the 112th, Milford, Clark and Mann of the 13th:
A bill to create and establish a. Small Claims Court in and for Greene County. Referred to Committee on County and Urban Affairs.

HB 931. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act creating a new Charter for the City of Madison so as to authorize the Mayor and Council to appoint a recorder of the Mayor's Court and fix his compensation. Referred to Committee on County and Urban Affairs.

HB 932. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act creating a new charter for the City of Madison so as to change the terms of office of the mayor and councilmen. Referred to Committee on County and Urban Affairs.

HB 933. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Judge of the Probate Court, Tax Collector and Tax Receiver of Morgan County on a salary basis in lieu of a fee system of compensation so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Morgan County.
Referred to Committee on County and Urban Affairs.

HB 938. By Representative Rainey of the 135th:
A bill to amend an Act placing the clerk of the superior court, the sheriff and the ordinary (now Judge of the Probate Court) of Dooly County on an annual salary in lieu of the fee system of compensation so as to change the provisions relative to feeding prisoners confined in the county jail. Referred to Committee on County and Urban Affairs.

HB 943. By Representative Phillips of the 91st:
A bill to amend an Act incorporating the Town of Waverly Hall in Harris County so as to provide for a quorum at meetings of the mayor and council; to provide for a minimum number of votes for the passage of ordinances and resolutions. Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 946. By Representative Dixon of the 151st:
A bill to amend an Act placing the clerk of the superior court of Charlton County upon an annual salary so as to change the compensation of the clerk. Referred to Committee on County and Urban Affairs.

HB 947. By Representative Dixon of the 151st:
A bill to amend an Act placing the sheriff and judge of the probate court of Charlton County upon an annual salary so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 948. By Representative Dixon of the 151st:
A bill to amend an Act consolidating the offices of the tax receiver and tax collector of Charlton County so as to change the compensation of the tax commissioner; to provide for a change in the disposition of certain commissions allowed tax commissioners. Referred to Committee on County and Urban Affairs.

HB 949. By Representative Dixon of the 151st:
A bill to provide for the election of members of the Board of Education of Charlton County. Referred to Committee on County and Urban Affairs.

HB 950. By Representatives Dixon of the 151st and Sweat of the 150th:
A bill to amend an Act creating the Waycross and Ware County Development Authority so as to change the provisions relative to the membership of the Authority. Referred to Committee on County and Urban Affairs.

HB 953. By Representatives Triplett of the 128th, Battle of the 124th, Gignilliat of the 122nd 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 relating to the compensation of the members of said board. Referred to Committee on County and Urban Affairs.

HB 957. By Representative Sweat of the 150th:
A bill to amend an Act placing the sheriff of Clinch County upon an annual salary so as to change the compensation of the sheriff; to change the provisions relative to the automobiles used by the sheriff. Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 28, 1975

1259

HB 958. By Representative Sweat of the 150th:
A bill to amend an Act creating a new charter for the City of Homerville so as to provide the time period within which candidates shall qualify for the offices of mayor and aldermen; to provide for the numbering of positions of membership on the council. Referred to Committee on County and Urban Affairs.

HB 959. By Representatives Howell of the 140th, Hatcher of the 131st and Irwin of the 130th:
A bill to amend an Act placing the sheriff of Calhoun County upon an annual salary so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.

HB 960. By Representative Ross of the 76th:
A bill to create a new charter for the City of Warrenton; to prescribe the corporate limits of said city; to provide for the government of said city and its corporate powers. Referred to Committee on County and Urban Affairs.

HB 961. By Representative Ross of the 76th:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Lincoln County and providing in lieu thereof an annual salary so as to change the compensation of the said sheriff. Referred to Committee on County and Urban Affairs.

HB 962. By Representative Ross of the 76th:
A bill to amend an Act entitled "An Act to amend the Act of 1922 so as to change the term of office of board of county commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties, and for other purposes", so as to change the compensation, expenses and allowances of the Chairman of the Board of Commissioners. Referred to Committee on County and Urban Affairs.
HB 963. By Representative Ross of the 76th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County (now Board of Commissioners of Lincoln County) so as to change the salary of the Chairman of the Board of Commissioners. Referred to Committee on County and Urban Affairs.

HB 965. By Representatives Patten and Carter of the 146th: A bill to amend an Act creating a Board of Commissioners of Tift

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County so as to provide that a member of the board of commissioners from commissioner districts 2, 4 and 5 shall be ineligible for the office of chairman unless he resigns from office by a certain date.
Referred to Committee on County and Urban Affairs.

HB 966. By Representative Carr of the 105th:
A bill to amend an Act creating the State Court of Washington County so as to change the method of selecting jurors; to provide for civil and criminal trials by a jury of six persons; to provide for the compensation of jurors. Referred to Committee on County and Urban Affairs.

HB 967. By Representatives Evans of the 99th, Randall of the 101st, Banks of the 104th and others:
A bill to amend an Act fixing the terms of the Superior Court of Bibb County and providing for the drawing of grand juries so as to provide that the grand jury shall be sworn when first empaneled and need not be sworn thereafter even though its life extends beyond the term of court when originally drawn.
Referred to Committee on County and Urban Affairs.

HB 968. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Long 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. Referred to Committee on County and Urban Affairs.

HB 969. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Long County into the office of the Tax Commissioner of Long County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 970. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Long 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. Referred to Committee on County and Urban Affairs.
HB 32. By Mr. Alexander of the 38th: A bill to amend Code Section 34A-1204, relating to the time for opening

FRIDAY, FEBRUARY 28, 1975

1261

and closing polls in municipal primaries and elections, so as to change the time for closing the polls in certain municipalities.
Referred to Committee on County and Urban Affairs.

HB 76. By Mr. Larsen of the 27th:
A bill to amend an Act known as the "Uniform Reciprocal Enforcement of Support Act" so as to provide that the district attorney shall repre sent the plaintiff under the provisions of the said Act where the plain tiff is an applicant or recipient of public assistance or the obligee is a dependent child or the obligees are dependent children.
Referred to Committee on Judiciary.

HB 110. By Messrs. Castleberry of the lllth, Parrish of the 97th, Bargeron of the 83rd and others:
A bill to amend an Act known as the "Ga. Motor Vehicle Accident Reparations Act" so as to provide that in cases in which the minimum insurance required by this Act is cancelled by the insurer, upon receipt of notification of such cancellation the Dept. of Public Safety shall send a notification to the owner of such motor vehicle that the Dept. has been informed of the fact of such cancellation.
Referred to Committee on Banking, Finance and Insurance.

HB 215. By Mrs. Glover of the 32nd:
A bill to amend Section 23-1705(3) of the Code of Georgia of 1933 so as to increase from $1,000 to $5,000 the amount of total contract price below which no payment or performance bond is required on certain public works contracts of the state, counties and municipalities.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 218. By Messrs. Adams of the 14th and Toles of the 16th:
A bill to amend Code Section 92-7601, relating to interest on execu tions issued for taxes, so as to provide that such executions shall bear interest at the maximum rate of interest allowed within this State. Referred to Committee on Banking, Finance and Insurance.

HB 292. By Messrs. Howard of the 19th and Karrh of the 106th:
A bill to amend an Act to provide minimum salaries for the county sheriffs of the State of Georgia to be paid from county funds so as to change the amount of such minimum salaries. Referred to Committee on Judiciary.

HB 309. By Messrs. Coleman of the 118th and Colwell of the 4th: A bill to authorize the Department of Administrative Services to

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JOURNAL OF THE SENATE,

formulate and implement a Statewide plan to regulate Public Safety Radio Services.
Referred to Committee on Judiciary.

HB 393. By Messrs. Lambert of the 112th and Carlisle of the 71st:
A bill to amend Section 92-3107 relating to the allowable standard deduction; to amend Section 92-3108, of the Code of Georgia of 1933, 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 U. S. Internal Revenue Code of 1954 in force and effect on January 1, 1975.
Referred to Committee on Banking, Finance and Insurance.

HB 473. By Messrs. Williams of the 54th and Sigman of the 74th:
A bill to provide that no gas or electric-utility company or electric membership corporation shall cut off or suspend gas or electric service in any residence because the resident has failed to pay for or has failed to make timely payments for any appliance purchased from or any appliance repaired by such company or corporation.
Referred to Committee on Consumer Affairs.

HB 579. By Representative Rainey of the 135th:
A bill to amend the Natural Resources Act of 1973 so as to authorize the Department of Natural Resources to contract for or provide itself necessary water transportation and essential services for its employees, other State employees, their families and other permanent residents of certain coastal islands.
Referred to Committee on Natural Resources and Environmental Quality.

HB 599. By Representative Burruss of the 21st:
A bill to amend Code Section 34-1513, relating to requirements for nomination and election in certain elections, so as to provide that certain candidates in primary and general elections are not qualified to be eligible as a write-in candidate in a run-off election.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 613. By Representatives Howell of the 140th, Greer of the 43rd, Bray of the 70th and Keyton of the 143rd:
A bill to amend Code Chapter 34A-12 relating to the preparation for and conduct of municipal elections, so as to prohibit all campaigning within two hundred fifty feet of polling place and to prohibit the carrying of firearms within two hundred fifty feet except by certain peace officers.

FRIDAY, FEBRUARY 28, 1975

1263

HB 656. By Representatives Sigman of the 74th, Hays of the 1st, Owens of the 77th and others:
A bill to provide that no benefit, privilege, entitlement or preference shall be granted or available to any person under the laws of this State for his service as a member of the Armed Forces of the United States unless such person shall have been discharged from the Armed Forces under certain conditions.
Referred to Committee on Defense and Veterans Affairs.

HB 687. By Representative Howell of the 140th:
A bill to amend Code Chapter 34A-13, relating to absentee voting in municipal primaries and elections so as to require the use of absentee ballots in all municipal primaries and elections; to provide the proce dures for voting by absentee ballot in municipal primaries and elections. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

HB 708. By Representatives Smith of the 78th and Jessup of the 117th:
A bill to amend the Motor Vehicle Franchise Practices Act, approved February 28, 1974 so as to provide sanctions against dealers who fail to register or renew their registrations. Referred to Committee on Transportation.

HB 709. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
A bill to amend the Motor Vehicle Franchise Practices Act, approved 1974, so as to change certain provisions relative to the granting of additional franchises to motor vehicle dealers. Referred to Committee on Transportation.

HB 710. By Representatives Smith of the 78th and Adams of the 36th:
A bill to amend an Act providing for the sale of certain abandoned motor vehicles approved March 23, 1972, so as to change certain of the provisions relative to the sale of abandoned motor vehicles at public auctions. Referred to Committee on Transportation.

HB 711. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
A bill to amend the Motor Vehicle Franchise Practices Act, approved February 28, 1974, so as to change certain provisions relating to the compensation of dealers for warranty service.
Referred to Committee on Transportation.

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JOURNAL OF THE SENATE,

HB 807. By Representative Burruss of the 21st:
A bill to amend an Act known as the Ga. Electrical Contractors Act, approved April 8, 1971, so as to grant the Board of Electrical Con tractors the power to adopt rules and regulations for the enforcement of the Act; to grant the Board the powers to revoke or suspend the license of any licensee for violation of the Act or the rules and regula tions of the Board.
Referred to Committee on Industry, Labor and Tourism.

HB 844. By Representative Howell of the 140th:
A bill to amend Code Chapter 34-10A, relating to the Presidential Pref erence Primary so as to provide for a proclamation by the Governor; to prohibit assessment of a qualifying fee for presidential candidates; to provide that such primary shall be conducted in accordance with the provisions governing general primaries.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 856. By Representatives Russell of the 53rd, Jordan of the 58th, Richardson of the 52nd and others:
A bill to amend Code Chapter 34-10 relating to the nomination of candidates so as to provide that certain county judicial officers and certain judges of the superior courts may be elected in nonpartisan elections.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 859. By Representative Hatcher of the 131st:
A bill to amend Code Section 24A-1403, relating to the place of detention of children under the jurisdiction of juvenile courts in order to provide for the places of detention, so as to provide that juveniles shall not be detained in a jail pending a committal hearing or indictment unless detained in a room separate and removed from those for adults.
Referred to Committee on Human Resources.

HB 876. By Representative Egan of the 25th:
A bill to amend an Act known as the "Georgia Securities Act of 1973", approved April 18, 1973, so as to redefine certain terms; to authorize the Commissioner to impose fees to cover the costs of giving examina tions. Referred to Committee on Banking, Finance and Insurance.

HB 881. By Representatives Lambert of the 112th, Wood of the 9th, Carlisle of the 71st and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of

FRIDAY, FEBRUARY 28, 1975

1265

1951" as amended so as to grant the Governor the emergency power to provide welfare benefits to the citizens of Georgia.
Referred to Committee on Defense and Veterans Affairs.

HB 882. By Representatives Lambert of the 112th, Wood of the 9th and Carlisle of the 71st:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951" so as to authorize each political subdivision of this State to acquire sites for installation of temporary housing units for victims of disasters; to authorize political subdivisions of this State to acquire temporary housing units and to prepare or equip sites to utilize said housing units; to provide for an effective date.
Referred to Committee on Defense and Veterans Affairs.

HB 527. By Representative Knight of the 67th:
A bill to amend Section 92-3303 of the Code of Ga. of 1933 so as to reduce from two years to ninety days the time within which taxes may be assessed or refunds claimed as to any taxable period for which corrections have been made by the Federal Internal Revenue Service. Referred to Committee on Banking, Finance and Insurance.

HB 860. By Representative Hatcher of the 131st:
A bill to repeal Code Section 24A-2304 relating to commitment of certain children by the Juvenile Court to the custody of the Department of Corrections. Referred to Committee on Human Resources.

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

Senator Broun of the 46th 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 resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 78. Do pass. HR 7. Do pass. HR 11. Do pass. HR 20. Do pass. HR 52. Do pass. HR 54. Do pass.

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JOURNAL OF THE SENATE,

HR 55. Do pass. HR 61. Do pass as amended. HR 91. Do pass. HR 111. Do pass. HR 120. Do pass.

Respectfully submitted, Broun of 46th District, Chairman.

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance and Insurance 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 146. Do pass by substitute.
Respectfully submitted, Holley of 22nd District, Chairman.

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance and Insurance has had under con sideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 145. Do pass. SB 286. Do pass. SB 351. Do pass. SR 82. Do pass. HB 449. Do pass. HB 488. Do pass. HB 491. Do pass.

FRIDAY, FEBRUARY 28, 1975

1267

HB 492. Do pass. HB 493. Do pass.

Respectfully submitted, Holley of the 22nd District, Chairman.

Senator Ballard of the 45th District, Chairman of the Committee on Indus try, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism 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 269. Do not pass.
Respectfully submitted, Ballard of 45th District, Chairman.

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism has had under considera tion the following resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 113. Do pass.
Respectfully submitted, Ballard of 45th District, Chairman.

Senator Overby of the 49th 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 280. Do pass. SB 288. Do pass.

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JOURNAL OP THE SENATE,

SB 291. Do pass. SB 302. Do not pass. SB 306. Do pass. SB 309. Do pass. SB 320. Do pass. SB 334. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities has had under consideration the follow ing bills and resolution of the House and Senate and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
SR 108. Do pass by substitute. HB 67. Do pass by substitute. HB 89. Do pass.
Respectfully submitted, Brown of 47th District, Chairman.

Senator Lester of the 23rd District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. President:
Your Committee on Retirement has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 101. Do pass by substitute.
Respectfully submitted, Lester of 23rd District, Chairman.

FRIDAY, FEBRUARY 28, 1975

1269

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

Mr. President:

Your Committee on Transportation has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 377. Do pass.

Respectfully submitted, Reynolds of 48th District, Chairman.

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

SB 69. By Senator Hudgins of the 15th:
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 that it shall be unlawful to own or use a trapping device com monly known and referred to as a "steel trap" for the purpose of captur ing wild animals; to provide for a penalty.

SB 130. By Senator Kidd of the 25th:
A bill to amend an Act regulating the practice of professional sanitar ians, approved March 7, 1957 (Ga. Laws 1957, p. 219), as amended, so as to provide that it shall be unlawful to employ any person as a sanitarian trainee or as a sanitarian, who has not met the educational requirements for registration as a Registered Professional Sanitarian under the provisions of this Act.

SB 169. By Senators Garrard of the 37th and Hudson of the 35th:
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.

SB 212. By Senator Stephens of the 36th:
A bill to amend Code Sec. 92-5001, relating to interest on taxes due the State and counties, as amended, so as to change the rate of interest; to authorize the county authorities levying a tax to annually set a rate of interest; to change the date for the bearing of interest.

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JOURNAL OF THE SENATE,

SB 220. By Senator Stephens of the 36th:
A bill to provide that in certain counties zoning and building inspectors shall have authority to issue citations for persons who shall violate zoning ordinances or building codes; to provide that said citations shall be returnable to a regular session of a court having countywide com mitment jurisdiction; to provide for the powers and authorities of said court; to provide for the issuance of a warrant in the event said citation is not obeyed.

SB 242. By Senators Dean of the 31st and Duncan of the 30th:
A bill 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 exempt sales of tangible personal property and services to orphans' homes operated as nonprofit corporations from the taxes imposed by said Act; to provide an effective date.

SB 282. By Senators Gillis of the 20th, McGill of the 24th, Lewis of the 21st and others:
A bill 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.

SB 277. By Senator Hudgins of the 15th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, so as to change the provisions relating to penalties; to provide an effective date.

SB 294. By Senators Fincher of the 54th and Garrard of the 37th:
A bill to amend Code Chapter 88-17, relating to vital records, as amended, so as to provide for the payment of certain fees of all local registrars and custodians of vital records; to provide that the depart ment shall complete and register delayed birth certificates; to provide that burial permits shall be issued within 72 hours after death.

SB 311. By Senator Traylor of the 3rd:
A bill to amend an Act completely and exhaustively revising the laws relating to game and fish, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to change the law relative to commercial fishing licenses; to provide for an effective date.

SB 314. By Senator Kidd of the 25th:
A bill to amend Code Section 49-601, relating to for whom guardians may be appointed, as amended, so as to provide for the appointment of

FRIDAY, FEBRUARY 28, 1975

1271

guardians for persons who are senile, alcoholic, drug addicted or physi cally disabled; to provide for the procedures connected therewith.

SB 316. By Senators Stumbaugh of the 55th, Gillis of the 20th, Howard of the 42nd and others:
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 any felony, approved April 8, 1968 (Ga. Laws 1968, p. 982), as amended, so as to change the punishment for second or subsequent convictions of violations of this Act.

SB 324. By Senators Riley of the 1st, Brown of the 47th, Reynolds of the 48th and Banks of the 17th:
A bill to make the operation of the Public Service Commission and the administration of its duties and responsibilities more efficient, effective and complete; to provide for the purpose thereof.

SB 331. By Senators Traylor of the 3rd, Gillis of the 20th and Howard of the 42nd:
A bill to repeal an Act regulating the taking and possessing of salt water crawfish, approved March 21, 1970 (Ga. Laws 1970, p. 591) ; to provide an effective date.

SB 345. By Senators Kidd of the 25th and Lester of the 23rd:
A bill to amend Chapter 88-5 of the Code of Georgia, relating to hospitalization of the mentally ill, so as to provide for hearings for persons who are involuntarily committed to state facilities because of mental illness; to provide for the payment of the expenses of such hearings.

HB 532. By Representative Knight of the 67th:
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act" so as to increase the interest rate on delinquent taxes.

HB 666. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
A bill to amend an Act to designate counsel to represent public officials; so as to clarify the circumstances under which the Governor may designate legal counsel for a public officer, public official, board or bureau, or any of its members.

HB 667. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
A bill to amend an Act reorganizing the State Department of Law.

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JOURNAL OP THE SENATE,

HB 668. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
A bill to amend Section 40-1602 of the Code of Georgia of 1933 so as to clarify the duties of the Attorney General and the circumstances under which the Attorney General shall act at the direction of the Governor.

HB 669. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
A bill to amend an Act reorganizing the State Department of Law so as to clarify the power of the Attorney General to investigate into the affairs of the State or any of its agencies or authorities or any person or organization dealing with the same.

HB 736. By Representative Pinkston of the 100th:
A bill to amend Code Section 57-101.1 relating to the maximum rate of interest on real estate loans so as to provide that intangible recording taxes paid by the borrower on long-term real estate loans shall not be considered interest and shall not be taken into account in the calcula tion of interest.

HB 737. By Representative Pinkston of the 100th:
A bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations so as to repeal the provisions authorizing the State to collect franchise taxes and income taxes from banks and certain other financial institutions.

HB 819. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend Code Section 56-844b authorizing agents to adjust and relating to nonresident adjusters, so as to provide for the licensing of nonresident adjusters; to provide for qualifications, applications, li cense fees, and practices and procedures in connection with such li censing; to provide for reciprocal agreements.

HB 821. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend Code Chapter 56-34, relating to insurance holding com pany systems, so as to provide for additional standards; to provide for reports; to provide for requirements for distribution to shareholders.

HB 822. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, so as to change the provisions relating to time limits for

FRIDAY, FEBRUARY 28, 1975

1273

notices of cancellation with respect to property and casualty policies insuring industrial and commercial concerns.

HB 823. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend Code Section 56-214, relating to enforcement by the Insurance Commissioner of the provisions of Code Title 56, so as to authorize the commissioner to place insurers, agents, brokers, counselors, solicitors and adjusters on probation.

HR 8. By Representative Oxford of the 116th:
A resolution proposing an amendment to the Constitution so as to authorize any county, municipality or subdivision to invest sinking funds held by it to pay off bonded indebtedness in accounts and certifi cates fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

HR 13. By Representatives Howell of the 140th and Cox of the 141st:
A resolution authorizing the conveyance of a tract of State-owned property.

HR 51. By Representative Phillips of the 120th:
A resolution authorizing the conveyance of a certain tract of Stateowned property to Montgomery County.

HR 72. By Representative Bray of the 70th:
A resolution authorizing the lease of certain real property located in Meriwether County.

HR 155. By Representatives Phillips of the 120th, Glanton of the 66th, Gammage of the 17th and Jones of the 126th:
A resolution designating the Engineering Experiment Station at Geor gia Tech as the Georgia Productivity Center.

SR 58. By Senators Lester of the 23rd, Riley of the 1st, Bell of the 5th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the option of the taxpayer, in the same manner and on the same basis as other tangible personal property.

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JOURNAL OF THE SENATE,

SR 109. By Senator Turner of the 8th:
A resolution authorizing the conveyance of certain real property located in Berrien County, Georgia.

SR 110. By Senator Turner of the 8th:
A resolution to amend a resolution authorizing the conveyance of certain real property located in Berrien County, Ga., approved March 19, 1974 (Ga. Laws 1974, p. 332), so as to change the land description of such property.

HB 83. By Representatives Egan of the 25th and Sams of the 90th:
A bill to provide rules for the recognition and enforcement of moneyjudgments rendered in the courts of foreign states.

HB 124. By Representatives Russell of the 53rd and Lambert of the 112th:
A bill to amend an Act creating the State Board of Pardons and Paroles so as to authorize members of the Board to issue a warrant for the arrest of a parolee or conditional releasee.

HB 125. By Representatives Russell of the 53rd and Lambert of the 112th:
A bill to amend an Act creating the State Board of Pardons and Paroles so as to provide that in considering certain cases the Board shall notify the sentencing judge and district attorney of the county where such person was sentenced.

HB 126. By Representatives Russell of the 53rd and Lambert of the 112th:
A bill to amend an Act creating the State Board of Pardons and Paroles, particularly as it provides for the power and method of grant ing clemency, pardon or parole or other relief from sentence, so as to provide for a written decision signed by Board members when granting relief from a sentence.

HB 147. By Representatives Larsen of the 27th, Patten of the 146th and Russell of the 64th:
A bill to amend an Act known as the "Georgia Scenic Trails Act" so as to change the definition of the term "Department"; to provide for bikeways.

HB 151. By Representatives Hudson of the 137th, Nessmith of the 82nd, Lane of the 81st and others:
A bill to amend an Act regulating the practice of professional sanitar ians, so as to authorize an applicant for a license to take the examina tion prior to completion of the experience requirement.

FRIDAY, FEBRUARY 28, 1975

1275

HB 182. By Representatives Harden of the 154th, Colwell and Twiggs of the 4th and others:
A bill to amend an Act creating the Public School Employees' Retire ment System so as to make certain persons members of the retirement system and to allow such persons to establish prior service credits under the retirement system.

HB 280. By Representatives Shanahan of the 7th, Miles of the 86th, Hudson of the 137th and others:
A bill to permit the charging of interest by such institutions on loans secured by a time or savings deposit or savings account in a bank, federal savings and loan association, or State chartered building and loan association.

HB 337. By Representatives Bolster of the 30th, Noble of the 48th, Foster of the 152nd and others:
A bill to amend an Act approved April 21, 1967, which provided grants to certain municipalities for specified purposes, so as to require certain additional grants under certain circumstances to every municipality with population over 300,000.

HB 374. By Representative Greer of the 43rd:
A bill to amend Code Section 56-3009, relating to renewal premiums for policies of accident and sickness insurance, so as to provide ad ditional circumstances under which the provisions of said Section are inapplicable.

HB 380. By Representatives Burruss of the 21st, Marcus of the 26th, Felton of the 22nd 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.

HB 383. By Representative Childers of the 15th:
A bill to amend an Act providing for homestead exemption for certain taxation so as to eliminate the application fee for homestead exemptions in certain counties.

HB 389. By Representative Knight of the 67th:
A bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations so as to provide the circumstances under which said Act shall become effective.

1276

JOURNAL OF THE SENATE,

SB 103. By Senators Stephens of the 36th and Bond of the 39th:
A bill to amend an Act entitled "An Act to provide for the retirement of the judges and solicitor-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County, and the judge of the Juvenile Court of Fulton County", as amended.

SB 328. By Senator Foster of the 50th:
A bill to create and establish an Airport Authority for Rabun County, and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for use of air craft, which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking, and to acquire, own and hold a fee simple title to all necessary property there for.

SB 337. By Senator Langford of the 51st:
A bill to amend an Act placing certain of the county officers of Cherokee County upon an annual salary, as amended, so as to change the compensation of the Clerk of the Superior Court of Cherokee County; to provide an effective date.

SB 338. By Senator Langford of the 51st:
A bill to amend an Act placing certain of the county officers of Cherokee County upon an annual salary, as amended, so as to change the provisions relative to the compensation of the deputies and clerical assistants of the Clerk of the Superior Court of Cherokee County.

HB 362. By Messrs. Evans of the 84th and Owens of the 77th: A bill to amend Code Section 92-6201, relating to the time to make tax returns, so as to change the time for making tax returns in cer tain counties.
HB 368. By Mr. Irvin of the 23rd: A bill to amend an Act creating a new charter for the City of Alpharetta so as to change the salaries of the Mayor of said city.
HB 631. By Representatives Bargeron of the 83rd and Evans of the 84th: A bill to abolish the present mode of compensating the Clerk of the Superior Court of Jefferson County, known as the fee system; to pro vide in lieu thereof an annual salary.
HB 706. By Representative Stone of the 138th: A bill to amend an Act providing for a new charter for the City of Baxley so as to change the corporate limits of the City of Baxley.

FRIDAY, FEBRUARY 28, 1975

1277

HB 786. By Representative Hatcher of the 131st:
A bill to abolish the office of Treasurer of Baker County; to provide that the Board of Commissioners of Baker County shall appoint deposi tories for county funds.

HB 787. By Representative Hatcher of the 131st:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Baker County into the office of Tax Commissioner of Baker County.

HB 802. By Representatives Evans of the 99th, Pinkston of the 100th, Lucas of the 102nd and others:
A bill to provide for the compensation of the Mayor, Councilmen and Recorder of the municipality of Payne City.

HB 803. By Representatives Evans of the 99th, Pinkston of the 100th, Lucas of the 102nd and others:
A bill to change the frequency and date of elections for the offices of Mayor, Councilmen and Recorder of the municipality of Payne City.

HB 809. By Representative Clifton of the 107th:
A bill to amend an Act creating the office of Tax Commissioner of Candler County so as to change the provisions relating to clerical and other personnel of the Tax Commissioner and their compensation.

HB 810. By Representative Clifton of the 107th:
A bill to amend an Act establishing the State Court of Candler County (formerly the City Court of Metter), so as to change the compensation of the judge and solicitor of said court.

HB 811. By Representative Clifton of the 107th:
A bill to amend an Act creating a Board of Commissioners of Candler County so as to change the provisions relating to the compensation of the Chairman, Members of the Board and Clerk of the Board of Commis sioners.

HB 812. By Representative Clifton of the 107th:
A bill to amend an Act placing the Clerk of the Superior Court of Candler County on an annual salary in lieu of the fee system of com pensation so as to change the provisions relating to clerical and other personnel of the clerk of the superior court and the compensation for such personnel.

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JOURNAL OF THE SENATE,

HB 813. By Representative Clifton of the 107th:
A bill to amend an Act placing the Judge of the Probate Court of Candler County on an annual salary in lieu of the fee system of com pensation so as to change the compensation of the judge of the probate court.

HB 824. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act creating the Board of Commissioners of Emanuel County so as to change the provisions relating to expenses.

HB 826. By Representatives Kreeger of the 21st, Burruss of the 21st, Cooper of the 19th and others:
A bill to amend an Act creating the Paulding County Water Authority so as to change the provisions relative to a quorum of the authority.

HB 828. By Representative Carrell of the 75th:
A bill to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensation so as to provide for personnel within the sheriff's office.

HB 831. By Representative Smith of the 78th:
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; to provide for deputy sheriffs and their compensation.

HB 865. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act relating to the compensation of certain county officers of Troup County so as to change the compensation of the Sheriff and the Tax Commissioner of Troup County.

HB 864. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a new charter for the City of Hogansville in the County of Troup so as to change the corporate limits of said city.

HR 109. By Mr. Sigman of the 74th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to prescribe by law applicable to New ton County 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, the time for payment of taxes and other charges.

FRIDAY, FEBRUARY 28, 1975

1279

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

Ballard Banks Barker
Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Duncan Eldridge Fincher Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th
Hill Holley Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Reynolds

Riley Robinson Shapard
Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not answering were Senators:

Dean of 6th Dean of 31st Holloway

Howard McDuffie

Pearce Russell

Senator Overby of the 49th introduced as Chaplain, The Reverend Wyman Wood, pastor, First Baptist Church, Gainesville, Georgia, who offered scripture reading and prayer.

SENATE CALENDAR
Friday, February 28, 1975
SB 15. Small Business--encourage State Purchases (SUB) SB 35. Commission on Efficiency Evaluation in Government--
create (SUB) SB 133. Power of Attorney--death of principal (AM) SB 166. Right Traffic Turn on Red--circumstances (SUB) SB 173. POW--free motor vehicle license tag SB 175. State Library--more efficient, economical handling SB 182. Licensed Medical Practitioner--treat patient public hos
pital (SUB) SB 203. Person Admitted to State Institution--cost of care liabil
ity (AM)
SB 239. Oysters Sold in Shell--measured certain tubs

1280

JOURNAL OF THE SENATE,

SB 281. Beach and Dune Protection Commission--create SB 292. Motor Vehicles--issuance of certificate of title SB 305. Georgia Controlled Substances Act--change provisions on
forfeitures SB 308. Board of Examiners for Certified Water, Plant Opera
tors--membership SB 318. Recanvass of Votes--provide for automatic recount SB 332. Civil Defense Act--Governor's emergency power SB 333. Interstate Civil Defense and Disaster Compact Act--
applicable to SB 335. Civil Defense Act--sites for temporary housing units SR 116. Cities and Counties--obtain federal disaster loans HB 27. Act for Treatment of Alcoholics--change date HB 62. Miller County Superior Court--change terms HB 69. Candidate Qualification--change time allowed HB 145. Practitioner of Auctioneering--regulation and licensing HB 166. Georgia Correctional Industries Association--
composition HB 174. Complete Soil Erosion and Sediment Control Program--
establish (SUB) HB 193. Registration List--close 30 days prior to election HB 197. Polling Places--regulation on firearms HB 198. Special Elections--regulation HB 243. State Examining Boards--one attend conventions or
seminars HB 245. Private Property Condemnation--public road purposes HB 250. Smoking--prohibit certain public places HB 295. Indictment Against Peace Officer--before Grand Jury
HB 297. Blind and Visually Handicapped--equal housing
HB 353. Transportation Board--seal of State on commissions
HB 382. Nonprofit Bingo Game--exclude from gambling laws
HB 665. Human Resources Department--internal reorganization by Governor (AM)

FRIDAY, FEBRUARY 28, 1975

1281

HB 696. County Correctional Institution--State pay prisoner cost
HB 697. Inmate--warden issue limited pass privileges HR 73. Sheriff and Candidate for Sheriff--minimum qualifica
tions

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

SB 15. By Senators Traylor of the 3rd, Banks of the 17th, Kidd of the 25th and others:
A bill relating to the development of small businesses; declaring the legislative intent to encourage State purchases from small businesses; requiring the Department of Community Development to assist small businesses and to otherwise coordinate activities relating thereto; pro viding that a meaningful percentage of State purchases and contracts be procured from small businesses.

The Committee on Industry, Labor and Tourism offered the following substi tute to SB 15:
A BILL
To be entitled an Act relating to small businesses; to provide for a short title; to declare the legislative intent to encourage State purchases from small businesses; to provide for definitions; to authorize appoint ment of an Advisory Council; to require an annual report; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. This Act shall be known and may be cited as "The Small Business Assistance Act of 1975."
Section 2. The legislative intent of this Act is declared to be as follows:
The most important element of the American economic system of private enterprise is free and vigorous competition. Only through the existence of free and vigorous compelition can free entry into business and opportunities for personal initiative and individual achievement be assured. The preservation and expansion of such competition is essential for our economic well-being. In order to encourage such competition it is the declared policy of the State to insure that a fair proportion of the total purchases and contracts or subcontracts for property, commodities and services for the State be placed with small businesses.
Section 3. For the purposes of this Act, the following definitions shall apply:

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(1) "Small business" shall be deemed to be a business which is independently owned and operated. In addition, such business must have either fewer than one hundred (100) employees or less than one million dollars ($1,000,000) in gross receipts per year.
(21) "Division" means the Purchasing and Supplies Division of the Department of Administrative Services.
(3) "Department" means the Department of Administrative Services.
Section 4. There is hereby created an Advisory Council to the Depart ment and the Division to be composed of representatives of designated small business enterprises to be named as follows: five by the Governor, two each by the President of the Senate and the Speaker of the House of Representatives and one by the Commissioner of the Department to serve ex officio as Chairman of the Council. The members of the Council shall serve without compensation. The Council shall meet at least once monthly, or more often when necessary, at the call of the Chairman in consultation with the Commissioner of the Department or his designee who shall also serve without additional compensation as Executive Director of the Council.
Section 5. The Council shall make a written report to the Gover nor, the President of the Senate, the Speaker of the House of Represen tatives and the Chairmen of the Senate Committee on Industry, Labor and Tourism and the House Committee on Industry at least once each year, such report to be made no later than December 1. The report shall advise the Governor, the Speaker, the President and the designated Chairmen concerning progress toward achieving the legislative intent as set forth in Section 2 and shall contain such recommendations for legislation as the Council herein provided for deems proper.

Section 6. This Act shall become effective on July 1, 1975.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 31, nays 0, 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 affirmative were Senators:

Ballard Banks Barnes

Bell Bond Broun of 46th

Brown of 47th Carter Coverdell

FRIDAY, FEBRUARY 28, 1975

1283

Dean of 31st
Doss Eldridge Fincher Foster Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins

Kennedy Kidd Langford Lewis McGill Overby Pearce Reynolds Riley Robinson Shapard

Starr Stephens Stumbaugh Summers
Tate Thompson Traylor Tysinger Warren Young

Voting in the negative was Senator Turner.

Those not voting were Senators:

Barker Brantley Dean of 6th Duncan Garrard

Gillis Hill Hudson Lester McDowell

McDuffie Russell Sutton Timmons

On the passage of the bill, the yeas were 41, nays 1.

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

Senator Traylor of the 3rd moved that SB 15 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 15 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 adopted the report of the Committee of Conference on the following bill of the House, to-wit:

HB 169. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A bill to amend an Act making and providing appropriations for the fiscal year beginning July 1, 1974 and ending June 30, 1975; known as the "General Appropriations Act", approved April 2, 1974, so as to

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change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1975.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

SB 8. By Senators Starr of, the 44th and Carter of the 14th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974, so as to change the provisions relative to the age of children for beginning school.

The amendments of the House were as follows:
Amend SB 8 by striking subsection (b) of quoted Section 4 of Section 1 in its entirety and substituting in lieu thereof a new subsec tion (b) to read as follows:
"(b) Beginning with the first fiscal year following the fiscal year that Section 7 of this Act, providing for preschool education is fully implemented and funded on a Statewide basis, or in any event not later than Sept. 1, 1978, all children shall have attained the age of six by September 1 of a fiscal year in order to be eligible for enrollment in the general education and occupational programs provided for by this Act. Until such time, any local unit of admin istration, at its option, may require children to have attained the age of six by any date not earlier than September 1 or later than December 31 of a fiscal year in order to enroll in the local unit's general education and occupational program."
Amend SB 8 by inserting on line 20 of Page 1, following the word "pregnant.", the following sentence:
"Provided, however, the State Board of Education shall have authority to determine the eligibility of young children and adults for enrollment in programs of early childhood education and adult education programs of general, basic, and vocational education."
Amend SB 8 by adding on line 2, Page 2 after the word "program", the sentence:
"These programs may include instruction in prenatal care and child care."
Amend SB 8 by adding on line 19, Page 1, after the word "married", the words "or unmarried"; and by adding on line 22, Page 1, after the word "married", the words "or unmarried".

Senator Carter of the 14th moved that the Senate agree to the amendments of the House to SB 8.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the House amendments to SB 8 were agreed to.

FRIDAY, FEBRUARY 28, 1975

1285

The following general bills of the Senate, favorably reported by the commit tees, were read the third time, and put upon their passage:

SB 133. By Senator Howard of the 42nd:
A bill to amend Code Chapter 4-2, relating to relations between principal and agent, as amended, so as to provide that the power of attorney is not revoked by death of the principal until the agent has actual knowledge of his principal's death; to provide for redesignation of cer tain provisions.

The Committee on Judiciary offered the following amendment: Amend SB 133 by striking on Page 4, on lines 21 and 30 the word
"knowledge", and inserting in lieu thereof the word "notice"; and
By striking on Page 4, lines 22 and 23 the following: "actual knowledge or"

On the adoption of the amendment, the yeas were 32, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce

Reynolds Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young

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Those not voting were Senators:

Banks Dean of 6th Dean of 31st Duncan

Hamilton of 34th Hudson McDuffie

Riley Russell Thompson

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

The bill, having received the requisite constitutional majority, was passed as amended1.

SB 166. By Senator Langford of the 51st:
A bill to amend Code Title 68A, known as "The Uniform Rules of the Road", as amended, so as to permit vehicular traffic to turn right when facing a steady CIRCULAR RED signal under certain circumstances.

The Committee on Transportation offered the following substitute to SB 166:
A BILL
To be entitled an Act to amend Code Title 68A, known as "The Uniform Rules of the Road", as amended, so as to require the State Department of Transportation and certain local authorities to complete engineering studies and place signs permitting turns at appropriate intersections by March 1, 1976; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 68A, known as "The Uniform Rules of the Road", as amended, is hereby amended by striking in its entirety subparagraph (2) of subsection (c) of Code Section 68A-202, relating to the meaning of signal indications, and inserting in lieu thereof a new subparagraph (2) to read as follows:
"(2) When a sign is in place permitting a turn, traffic, ex cept pedestrians, facing a steady CIRCULAR RED signal may cau tiously enter the intersection to make the turn indicated by such sign after stopping as provided in subsection (1) above; provided, however, that the State Department of Transportation and local authorities having jurisdiction over certain intersections shall com plete engineering studies and1 place signs permitting turns at ap propriate intersections in this State by March 1, 1976. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection."

FRIDAY, FEBRUARY 28, 1975

1387

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

On the adoption of the substitute, the yeas were 37, nays 0, 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 affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Those not voting were Senators :

Dean of 31st Duncan

Hamilton of 34th

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Russell

On the passage of the bill, the yeas were 52, nays 0.

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

Senator Hill of the 29th introduced the Doctor of the Day, Dr. J. W. Chambers of LaGrange, Georgia.

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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SB 175. By Senator Overby of the 49th:
A bill to provide for a more efficient and economical handling of the affairs of the State Library, by amending an Act approved March 10, 1971, Ga. Laws 1971 p. 45, so as to exclude all state library personnel from coverage under the State Merit System; by amending Chapters 101-1, etc. of Title 101, "State Librarian" of the Code of Georgia of 1933, so as to provide for the maintenance of the State Library, for reports to the legislature, for distribution of public documents.

Senator Overby of the 49th offered the following amendment: Amend SB 175 by striking on Page 9, line 9 the following: "one set"
and inserting in lieu thereof the following: "three sets";
and By striking on Page 10, line 37 the following: "three sets"
and inserting in lieu thereof the following: "four Senate sets and two House sets".

On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher

Foster Garrard Gillis Hamilton of 26th Hill Holley Holloway

Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie

FRIDAY, FEBRUARY 28, 1975

1289

Overby Pearce Reynolds Russell Shapard Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Broun of 46th Duncan

Hamilton of 34th McGill

Riley Robinson

On the passage of the bill, the yeas were 49, nays 0.

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

SB 182, By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to grant licensed medical practitioners the privilege of treating patients in certain public hos pitals; to provide for exceptions.

The Committee on Human Resources offered the following substitute to SB 182:
A BILL
To be entitled an Act to amend Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, so as to require a written explanation of refusal to grant or revocation of the privilege of treating patients in certain hospitals to be furnished to the Composite Board of Medical Examiners; to provide certain time limitations within which applications for such privileges must be granted or denied; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 88-19, relating to regulations of hospitals and related institutions, as amended, is hereby amended by adding at the end thereof a new Section, to be designated Code Section 88-1911, to read as follows:

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"88-1911. Public hospitals; refusal or revocation of staff privileges, (a) Whenever any hospital owned or operated by the State, any political subdivision of the State or any municipality shall refuse to grant a licensed medical practitioner the privilege of treating patients in the hospital or revoke the privilege of a licensed medical practitioner for treating patients in such hospital, the hospital shall furnish, within ten days of such action, a written statement of the reasons therefor to the Composite Board of Medical Examiners of Georgia. A copy of said written statement shall likewise be furnished to the medical practitioner whose privilege has been refused or revoked.

(b) Whenever any licensed medical practitioner shall make application for permission to treat patients in any hospital owned or operated by the State, any political subdivision of the State or any municipality, the hospital shall grant or refuse to grant the privilege within forty-five days of the receipt of the application. If said request is denied, a written statement of the reasons for denial must be furnished to the concerned medical practitioners and the Composite Board of Medical Examiners within ten days of the date upon which the decision for denial was made. Upon expira tion of the said forty-five day period the hospital shall be deemed to have granted the privilege unless the hospital has granted or refused to grant the privilege prior to the expiration of such period."

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

On the adoption of the substitute, the yeas were 41, nays 0, 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 affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Broun of 46th Carter Coverdell Dean of 6th Dean of 31st

Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway

Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Robinson Russell Shapard Starr

FRIDAY, FEBRUARY 28, 1975

1291

Stephens Stumbaugh Summers Sutton Tate Thompson

Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators Brown of 47th and Riley.

Those not voting were Senators Brantley and Duncan.

On the passage of the bill, the yeas were 52, nays 2.

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

SB 203. By Senators Lester of the 23rd, Doss of the 52nd, Fincher of the 54th and others:
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 March 23, 1960 (Ga. Laws 1960, p. 1138), as amended, so as to change the definition of "persons liable for cost of care".

The Committee on Human Resources offered the following amendment:
Amend SB 203 by striking on Page 6, line 3, the word: "during",
and inserting in lieu thereof the words: "at the end of",
and By adding after the word "care" on Page 6, line 5, the words: "during said month",
and By striking on Page 9, lines 4 and 5, the words, symbols and figure: "a penalty of ten percent (10%) thereon plus",
and By striking on Page 9, line 10, the word: "registered".

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JOURNAL OP THE SENATE,

On the adoption of the amendment, the yeas were 35, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Fincher Garrard Gillis Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Dean of 31st

Duncan Foster

Pearce Starr

On the passage of the bill, the yeas were 50, nays 0.

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

SB 239. By Senators Traylor of the 3rd, Dean of the 6th and Gillis of the 20th:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Game and Fish Commission, to game and fish, and to wildlife approved March 7, 1955, (Ga. Laws 1955, p. 483) so as to repeal certain provisions requiring that oysters sold in the shell in Georgia shall be measured in certain circular tubs and providing standards for such tubs and requiring brands.

FRIDAY, FEBRUARY 28, 1975

1293

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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Eldridge Fincher Foster Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Hudson Kennedy Kidd Langford
Lester Lewis McDowell McDuffie McGill Overby Reynolds

Riley Russell Starr Stephens
Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Coverdell Hudgins

Robinson Shapard

Timmons

Those not voting were Senators:

Bond Doss Duncan

Garrard Gillis

Howard Pearce

On the passage of the bill, the yeas were 44, nays 5.

The bill, having received the requisite constitutional majority, was passed.
SB 281. By Senator Dean of the 6th: A bill to protect the beaches and dunes of this State; to provide a short title; to provide definitions; to provide for legislative intent; to create the Beach and Dune Protection Commission; to provide for the composition of said commission; to provide for a chairman of said commission.
Senator Coverdell of the 40th moved that the substitute and amendment to SB 281 offered by Senator McDowell of the 2nd be printed.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 32, nays 0; the motion prevailed, and the substitute and amendment were ordered printed.

Senator Dean of the 6th moved that SB 281 be postponed until 11:15 o'clock A.M.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 281 was postponed until 11:15 o'clock A.M.

SB 292. By Senators Broun of the 46th and Starr of the 44th:
A bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act", approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, relating to the issuance of certificates of title for motor vehicles.

Senator Broun of the 46th offered the following amendment:
Amend SB 292 by deleting therefrom the parenthesis before and after the small letter "a" following Section 68-412 on Page 3, line 30, and on Page 4, line 19 so that when amended said Section shall read as "Section 68-412a", and by further deleting therefrom the parenthesis before and after the small letter "a" following Section 68-421 on Page 4, lines 18, 25 and 26 so that when amended said Section shall read as "Section 68-421a".

On the adoption of the amendment, the yeas were 36, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of ,46th Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Doss Eldridge Fincher Foster Garrard Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley Robinson

FRIDAY, FEBRUARY 28, 1975

1295

Shapard Starr Stephens Stumbaugh

Sutton Tate Thompson Traylor

Turner Tysinger Warren Young

Voting in the negative was Senator Hill.

Those not voting were Senators:

Duncan Gillis Holley

Pearce Russell

Summers Timmons

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 305. By Senator Thompson of the 32nd:
A bill to amend Code Chapter 79A-8, known as the Georgia Controlled Substances Act, as amended, so as to change the provisions relating to forfeitures; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill

Over by Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Warren Young

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Those not voting were Senators:

Duncan Langford

Pearce Russell

Timmons Tysinger

On the passage of the bill, the yeas 50, nays 0.

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

SB 308. By Senator Langford of the 51st:
A bill to amend an Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act", approved April 8, 1969 (Ga. Laws 1969, p. 272), so as to change the membership of the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators to reflect the reorganization of the Georgia Department of Public Health and the Georgia Water Quality Control 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Those not voting were Senators:

Barker Bell Duncan

Pearce Russell

Overby Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Warren Young
Timmons Tysinger

FRIDAY, FEBRUARY 28, 1975

1297

On the passage of the bill, the yeas were 49, nays 0.

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

The following bill of the Senate, read the third time and postponed until 11:15 o'clock A.M., was put upon its passage:

SB 281. By Senator Dean of the 6th:
A bill to protect the beaches and dunes of this State; to provide a short title; to provide definitions; to provide for legislative intent; to create the Beach and Dune Protection Commission; to provide for the composition of said Commission; to provide for a chairman of said Commission.

Senator McDowell of the 2nd offered the following substitute to SB 281:
A BILL
To be entitled an Act to amend the "Coastal Marshlands Protection Act of 1970", approved March 27, 1970 (Ga. Laws 1970, p. 939), as amended, so as to change certain definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The "Coastal Marshlands Protection Act of 1970", ap proved March 27, 1970 (Ga. Laws 1970, p. 939), as amended, is hereby amended by striking paragraph (a) of Section 2, which reads as follows:
"(a) 'Coastal marshlands' hereinafter referred to as 'marsh lands' means any marshland or salt marsh in the State of Georgia, within the estuarine area of the State, whether or not the tide waters reach the littoral areas through natural or artificial water courses. Marshlands shall include those areas upon which grow one, but not necessarily all, of the following; saltmarsh grass (Spartina alterniflora), black grass (Juncus gerardi), high-tide bush (Iva frutescens var. oraria). The occurrence and extent of salt marsh peat at the undisturbed surface shall be deemed to be conclusive evidence of the extent of a salt marsh or a part there of.",
and inserting in lieu thereof a new paragraph (a), to read as follows:
"(a) 'Coastal marshlands' hereinafter referred to as 'marsh lands' means any marshland or salt marsh in the State of Georgia, within the estuarine area of the State, whether or not the tide waters reach the littoral area through natural or artificial water courses. Marshland or marsh shall mean an area of soft, wet land, as de-

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JOURNAL OF THE SENATE,

fined by the U. S. Naval Oceanographic Office in the Navigation Dictionary (2nd 1969). Marshlands shall include those areas upon which grow one, but not necessarily all, of the following: saltmarsh grass (Spartina alterniflora), black grass (Juncus gerardi), hightide bush (Iva frutescens var. oraria). The occurrence and extent of salt marsh peat at the undisturbed surface shall be deemed to be conclusive evidence of the extent of a salt marsh or a part thereof."

Section 2. Said Act is further amended by striking paragraph (b) of Section 2, which reads as follows:

"(b) 'Estuarine area' means all tidally-influenced waters, marshes and marshlands lying within a tide-elevation range from five and six tenths (5.6) feet above mean tide level and below.",
and inserting in lieu thereof a new paragraph (b) to read as follows:
"(b) 'Estuarine area' means all tidally-influenced waters, marshes and marshlands to which the State claims ownership lying within a tide-elevation range of mean high tide and below."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator McDowell of the 2nd offered the following amendment:
Amend the substitute to SB 281 offered by Senator McDowell of the 2nd by adding on Page 2, line 24, starting after word "ownership" "between an elevation of 4 feet and 6 feet above sea level".
and striking the following:
"lying within a tide-elevation range of mean high tide and below".

On the adoption of the amendment, the yeas were 7, nays 29, and the amend ment to the substitute was lost.

On the adoption of the substitute, Senator McDowell of the 2nd called for the yeas 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:

Eldridge Holley

Hudson Lester

McDowell Sutton

Those voting in the negative were Senators:

Barker Barnes Bell

Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell

FRIDAY, FEBRUARY 28, 1975

1299

Dean of 6th Dean of 31st Doss Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holloway Howard

Hudgins Kennedy Kidd Lewis McDuffie McGill Overby Reynolds Robinson Russell Shapard

Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Banks Duncan

Hill Langford Pearce

Riley Starr

On the adoption of the substitute, the yeas were 6, nays 42, and the substitute 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 Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th
Dean of 31st Doss Eldridge Fincher Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford
Lester Lewis McDowell McDuffie McGill
Overby

Pearce Reynolds Robinson Russell Shapard Starr Stephens
Stumbaugh
Summers
Tate Thompson
Timmons Traylor
Turner Tysinger
Young

Voting in the negative were Senators Sutton and Warren.

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JOURNAL OP THE SENATE,

Those not voting were Senators:

Banks

Hill

Duncan

Riley

On the passage of the bill, the yeas were 50, nays 2.

The bill, having received the requisite constitutional majority, was passed.
Senator Dean of the 6th moved that SB 281 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 281 was immediately transmitted to the House.
SB 318. By Senators Tate of the 38th, Coverdell of the 40th and Hamilton of the 34th:
A bill to amend Code Section 34-1505, relating to recount or recanvass of votes, as amended, so as to provide for automatic recount or recanvass in certain instances.

Senator Warren of the 43rd offered the following amendment:
Amend SB 318 on Page 1, line 15, by changing the period to a comma and adding the following: "if requested by either candidate."

On the adoption of the amendment, the yeas 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:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

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1301

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers

Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks

Hill

Duncan

Holloway

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
SB 35. By Senators Reynolds of the 48th and Lester of the 23rd:
A bill to create the "Commission on Efficiency and Performance Evalua tion in Government"; to provide for the appointment of members; to prescribe their terms of office and compensation; to define the duties and powers of said Commission; to require other departments and agencies of State government to cooperate with the Commission.

The Committee on Economy, Reorganization and Efficiency in Government offered the following substitute to SB 35:
A BILL
To be entitled an Act to amend Code Chapter 40-4, relating to the Office of Planning and Budget (formerly known as the Budget Bureau), as amended, so as to require the Management Review Division of such office to make an efficiency and performance evaluation study of each department or agency of State government; to provide for definitions; to require other departments and agencies of State government to co operate with the division; to provide for reports of studies; to provide for additional studies; 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 40-4, relating to the Office of Planning and Budget (formerly known as the Budget Bureau), as amended, is hereby amended by adding between Code Section 40-404 and Code

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Section 40-405 a new Code Section, to be designated Code Section 40404.1, to read as follows:

"40-404.1. Efficiency and performance evaluation study.-- (a) The Management Review Division of the Office of Planning and Budget shall make an efficiency and performance evaluation study of each department or agency of State government; provided, how ever, that the first efficiency and performance evaluation study shall be made of the Department of Human Resources in such stages as the division deems necessary. 'Efficiency and performance evaluation study' shall mean an examination of the effectiveness of department or agency administration, including, but not limited to, staff requirements and performance standards, job evaluation, time and clerical management, personnel policies, employee develop ment programs, salaries, performance review, performance poten tial, effectiveness of programs administered and conformity of pro grams with legislative intent.
(b) The Management Review Division is hereby empowered to inspect and study the records, documents and affairs of all depart ments and agencies of State government, and it shall be the duty of the latter, their officials and employees, to assist and cooperate with the division in the performance of its duties; provided, how ever, that any document which is a confidential communication under Georgia law shall not be disclosed to a private firm or person conducting such an efficiency and performance evaluation study.

(c) Upon completion of the efficiency and performance evalua tion study of a department or agency, the division shall report the findings of its study to the Governor. The Governor shall be responsible for taking the necessary steps for a more efficient operation of State government. The division shall also make a report of its findings available to the Appropriations Committees of the General Assembly at least fifteen (15) days prior to the time in which the committees consider appropriations for such a department or agency.
(d) Upon making such a study of each department or agency as provided in this Section, the division shall make such further efficiency and performance evaluation studies as provided by the Governor."
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 yeas were 36, nays 0, 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.

FRIDAY, FEBRUARY 28, 1975

1303

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 Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Fincher Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard
Starr Stephens Stumbaugh Summers Button Tate Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Banks Barker Barnes

Duncan Eldridge Hill

Holloway Thompson Warren

On the passage of the bill, the yeas were 47, nays 0.

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

Senator Starr of the 44th moved that the following bill of the Senate be withdrawn from consideration of the Senate:

SB 332. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended, so as to grant the Governor the emergency power to provide welfare benefits to the citizens of Georgia in the form of grants to individuals and families under prescribed conditions, provided that matching federal funds are available for such purposes pursuant to the Federal Disaster Relief Act of 1974.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 332 was withdrawn from consideration of the Senate.

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Senator Starr of the 44th moved that the following bill of the Senate be withdrawn from consideration of the Senate:

SB 335. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", approved February 19, 1951 (Ga. Laws 1951, p. 224), as amended, so as to authorize each political subdivision of this State to acquire sites for installation of temporary housing units for victims of disasters.

On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 335 was withdrawn from consideration of the Senate.

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 333. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the "Interstate Civil Defense and Disaster Compact Act", approved April 13, 1973 (Ga. Laws 1973, p. 459), 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.

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 Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill

Overby Pearce Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger

FRIDAY, FEBRUARY 28, 1975

1305

Those not voting were Senators:

Banks Barker Duncan Hill

Lester Reynolds Russell Timmons

Warren Young

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

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

SR 116. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize counties, municipalities and political subdivisions of the State to obtain federal community disaster loans pursuant to and in accordance with the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288); to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII of the Constitution is hereby amended by adding a new Paragraph at the end thereof, to be designated Paragraph VIII to read as follows:
"Paragraph VIII. Community Disaster Loans. In addition to the obligations hereinbefore allowed, each county, municipality and political subdivision of the State authorized to levy taxes is hereby granted the authority to obtain federal community disaster loans, in an amount up to twenty-five percent of the anticipated revenues for the fiscal year in which the disaster occurs, in accordance with and pursuant to the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288) ; provided that authorization for such loans is contingent upon the county, municipality or political sub division of the State suffering a substantial loss of tax and other revenues as a result of a major disaster and the existence of a demonstrated need for financial assistance in order to perform its governmental functions. Federal community disaster loans may only be applied for and obtained from the federal government under the condition that requirement of repayment of all or any part of such loans shall be cancelled in the event that and to the extent that revenues of the county, municipality or political subdivision during the full three-year fiscal period following the major disaster are insufficient to meet the operating budget of the local government, including additional disaster related expenses of a municipal opera tion character."

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Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

" ( ) YES Shall the Constitution be amended so as to authorize counties, municipalities and political subdivisions of the State to obtain federal com-
( ) NO munity disaster loans pursuant to the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288)?"

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Banks Duncan

Hamilton of 34th Hill

Russell Warren

On the adoption of the resolution, the yeas were 50, nays 0.

FRIDAY, FEBRUARY 28, 1975

1307

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

SB 173. By Senator Doss of the 52nd:
A bill to provide for the issuance of free motor vehicle license tags to former prisoners of war in Southeast Asia who reside in Georgia; to provide the procedures connected therewith.

Senator Doss of the 52nd offered the following amendment:
Amend SB 173 by striking Section One in its entirety and inserting a new Section One to read as follows:
"Section 1. Effective as applied to the license tags for the year 1976, any motor vehicle owner who served on active duty in the armed forces of the United States or on active duty in a reserve component of the United States, including the National Guard, who was held as a prisoner of war, during wartime or during the period beginning January 31, 1955, and ending on a day to be determined by presidential proclamation or by a concurrent resolution of the Congress declaring a cessation of the Vietnam Era, who is a Georgia resident shall, upon application therefor, be issued free of charge, a. motor vehicle license plate for any private passenger automobile, private passenger pickup truck, station wagon or van type vehicle of three-quarter tons or less that he may own or acquire in the future. Words or symbols shall be inscribed upon such motor vehicle license plates so as to distinctively identify the owner as a former prisoner of war and such owner shall be entitled to no more than one free motor vehicle license plate. The Director of the State Department of Veterans Service shall furnish a list of former prisoners of war who resides in Georgia to the State Revenue Com missioner. Once a former prisoner of war has established his eligi bility to receive free motor vehicle license tags, he shall be entitled to receive free tags or free revalidation stickers in succeeding years on any private passenger automobile, private passenger pickup truck, station wagon or van type vehicle of three-quarter tons or less used for personal transportation that he may own or acquire in the future."
On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Banks Barker

Duncan Hill

Holloway Warren

On the passage of the bill, the yeas were 50, nays 0.

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

Senator Kidd of the 25th moved that the following bill of the House be post poned until Monday, March 3:

HB 69. By Representative Wall of the 61st: A bill to amend Code Section 34-1005 (b), relating to qualification of candidates for primaries to require the opening of qualifying on the fourth Wednesday in May preceding a primary.
On the motion, the yeas were 36, nays 1; the motion prevailed, and HB 69 was postponed until Monday, March 3.
Senator Kidd of the 26th moved that the following bill of the House be postponed until Monday, March 3:
HB 193. By Representatives Howell of the 140th, Bray of the 70th, Keyton of the 143rd and Leonard of the 3rd: A bill to amend Code Title 34, the Georgia Election Code, so as to

FRIDAY, FEBRUARY 28, 1975

1309

provide that the registration list for any general primary or general election shall close thirty (30) days prior to said primary or election.

On the motion, the yeas were 36, nays 1; the motion prevailed, and HB 193 was postponed until Monday, March 3.

Senator Kidd of the 25th moved that the following bill of the House be postponed until Monday, March 3:

HB 197. By Representatives Howell of the 140th, Bray of the 70th, McDonald of the 12th and others:
A bill to amend Code 34-1313, relating to regulations in force at polling places, so as to prohibit the carrying of firearms except by certain peace officers.

On the motion, the yeas were 36, nays 1; the motion prevailed, and HB 197 was postponed until Monday, March 3.

Senator Kidd of the 25th moved that the following bill of the House be postponed until Monday, March 3:

HB 198. By Representatives Howell of the 140th, Keyton of the 143rd and Bray of the 70th:
A bill to amend Code Section 34-807, relating to special elections held at the time of a general election, so as to provide the regulations by which such special elections shall be held.

On the motion, the yeas were 36, nays 1; the motion prevailed, and HB 198 was postponed until Monday, March 3.

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

HB 62. By Representative Howell of the 140th: Senate Sponsor: Senator Overby of the 49th. A bill to change the terms of the Superior Court of Miller 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 President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill Overby Reynolds

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Duncan

Hill Lester

Pearce Riley

On the passage of the bill, the yeas were 50, nays 0.

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

HB 27. By Representatives Mullinax of the 69th, Adams of the 14th, Knight of the 67th and Ware of the 68th:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend an Act providing for the comprehensive treatment of alcoholism and intoxication so as to change the date on which the pro visions of said Act become effective.

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 Barnes Bell

Bond Brantley Brown of 47th Carter

Coverdell Dean of 31st Doss Eldridge

FRIDAY, FEBRUARY 28, 1975

mi

Fincher Foster Garrard Gillis Hamilton of 26th Holley Howard Hudgins Hudson Kennedy Kidd Langford

Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley Robinson Shapard Starr

Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner
Tysinger Warren Young

Those not voting were Senators :

Banks Broun of 46th Dean of 6th Duncan

Hamilton of 34th Hill Holloway Pearce

Russell Timmons

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

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

HB 145. By Representatives Toles of the 16th, Adams of the 14th and Childers of the 15th:
Senate Sponsors: Senators McGill of the 24th and Turner of the 8th.
A bill to amend Code Title 84, relating to professions, businesses and trades, so as to provide for the regulation and licensing of certain practitioners of the business of auctioneering.

Senator Hudgins of the 15th offered the following amendment:
Amend HB 145 by inserting in line 25 of Page 3 after the word "of" the following:
"antiques,".
On the adoption of the amendment, the yeas 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:

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Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond Broun of 46th
Carter Coverdell Dean of 31st Doss Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley

Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Brantley

Brown of 47th

Those not voting were Senators:

Banks Barker Dean of 6th

Duncan Fincher

Sutton
Hill Russell

On the passage of the bill, the yeas were 46, nays 3.

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

Senator Dean of the 31st gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 145.

HB 166. By Representative Rush of the 121st:
Senate Sponsor: Senator Kennedy of the 4th.
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.

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:

FRIDAY, FEBRUARY 28, 1975

1313

Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th

Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Barker Brantley

Dean of 6th Doss Duncan

Hill Russell Thompson

On the passage of the bill, the yeas were 47, nays 0.

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

HB 174. By Representatives Lambert of the 112th, Carlisle of the 71st, Phillips of the 120th and others:
Senate Sponsors: Senators Gillis of the 20th and Langford of the 51st.
A bill to provide for the establishment and implementation of a State wide comprehensive soil erosion and sediment control program to con serve and protect land, water, air and other resources of the State; to provide that certain land-disturbing activities may not be carried out without a permit.

The Committee on Natural Resources and Environmental Quality offered the following substitute to HB 174:
A BILL
To be entitled an Act to provide for the establishment and implemen tation of a Statewide comprehensive soil erosion and sediment control program to conserve and protect land, water, air and other resources of the State; to provide a short title; to provide legislative findings and a declaration of policy; to provide definitions; to provide minimum stan dards for rules and regulations, ordinances and resolutions governing

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land-disturbing activities; to provide for local ordinances governing landdisturbing activities; to provide for the development and adoption of rules and regulations governing land-disturbing activities in certain coun
ties and municipalities; to provide that certain land-disturbing activities may not be carried out without a permit; to provide for the issuance of permits and the conditions under which such permits shall be issued; to provide for the review and approval of erosion and sediment control plans submitted pursuant to this Act; to provide for the issuance, denial, suspension, revocation, and modification of permits; to provide for exceptions; to provide for judicial review; to provide that the provisions of this Act shall not authorize certain acts or the violation of certain statutes and rules and regulations; to provide the procedures connected with the foregoing; 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. This Act shall be known and may be cited as the "Erosion and Sedimentation Act of 1975."

Section 2. It is hereby found that soil erosion and sediment dep osition onto lands and into waters within the watersheds of this State are occurring as a result of widespread failure to apply proper soil erosion and sedimentation control practices in land clearing, soil move ment and construction activities, and that such erosion and sediment deposition result in pollution of State waters and damage to domestic, agricultural, recreational, fish and wildlife, and other resource uses. It is, therefore, declared to be the policy of this State and the intent of this Act to strengthen and extend the present erosion and sediment control activities and programs of this State and to provide for the establishment and implementation of a Statewide comprehensive soil erosion and sediment control program to conserve and protect land, water, air and other resources of the State.

Section 3. Unless the context otherwise requires, the following terms, as used in this Act, are defined as follows:

(a) "Land-disturbing activity" means any land change which may result in soil erosion from water or wind and the movement of sediments into State water or onto lands within the State, including, but not limited to, clearing, dredging, grading, excavating, transporting and filling of land, other than federal lands, except that the term shall not include the following:

(1) "surface mining", as same is defined in subsection (a) of Sec tion 3 of the "Georgia Surface Mining Act of 1968" (Ga. Laws 1968, p. 9), as now or hereafter amended;

(2) granite quarrying and land clearing for such quarrying;

(3) such minor land-disturbing activities as home gardens and

FRIDAY, FEBRUARY 28, 1975

1315

individual home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion;
(4) the construction of single-family residences when such are constructed by or under contract with the owner for his own occupancy;
(5) agricultural practices involving the establishment, cultivation or harvesting of products of the field or orchard, preparing and planting of pasture land, forestry land management practices including harvest ing, farm ponds, dairy operations, and livestock and poultry manage ment practices, and the construction of farm buildings;
(6) any project carried out under the technical supervision of the Soil Conservation Service of the United States Department of Agricul ture;
(7) any project involving land change to five acres or less or the movement of not more than 500 cubic yards of land; provided, however, this exemption should not apply to any land-disturbing activity within 200 feet of the bank of any major stream or river which drains at least a land area of 100 square miles;
(8) construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transporta tion, the Georgia Highway Authority, or the Georgia Tollway Authority, or any county or any municipality of this State;
(9) any activity for which bids have been let or a construction contract signed prior to the date upon which a local ordinance or board regulation for a local government becomes effective; provided that, said undergoing activity is completed within 12 months after the ef fective date of said ordinance or regulation.
(b) "Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, State agency, municipality or other political subdivision of this State, any interstate body, or any other legal entity.
(c) "Erosion and sediment control plan" or "plan" means a plan for the control of soil erosion and sediment resulting from a land-disturbing activity.

(d) "State waters" includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.
(e) "Committee" means the State Soil and Water Conservation Committee.

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(f) "Board" means the Board of Natural Resources.
(g) "Division" means the Division of Environmental Protection of the Department of Natural Resources.
(h) "District" means any one of the Soil and Water Conservation Districts of the State jof Georgia.
(i) "Soil and Water Conservation District approved plan" means an erosion and sediment control plan approved in writing by a Soil and Water Conservation District.
(j) "Issuing Authority" shall mean the governing authority of any county or municipality which has in effect the ordinance provided for in Section 5, and the Division in those instances where an application for a permit is submitted to the Division in those instances wherein such ordinances are not in effect.
Section 4. The rules and regulations, ordinances or resolutions adopted pursuant to the provisions of this Act, provided for hereinafter, for the purpose of governing land-disturbing activities shall require as a minimum that:
(a) Stripping of vegetation, regrading and other development ac tivities shall be conducted in such a manner so as to minimize erosion.

(b) Cut-fill operations must be kept to a minimum.

(c) Development plans must conform to topography and soil type so as to create the lowest practical erosion potential.

(d) Whenever feasible, natural vegetation shall be retained, pro tected and supplemented.

(e) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum.

(f) Disturbed soil shall be stabilized as quickly as practicable.

(g) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development.

(h) Permanent vegetation and structural erosion control measures must be installed as soon as practicable.

(i) To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized.

(j) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills.

FRIDAY, FEBRUARY 28, 1975

1317

(k) Cuts and fills may not endanger adjoining property.

(1) Fills may not encroach upon natural water courses or con structed channels in a manner so as to adversely affect other property owners.

(m) Grading equipment must cross flowing streams by the means of bridges or culverts except when such methods are not feasible and provided, in any case, that such crossings are kept to a minimum.

Section 5. The governing authority of each county and each munic ipality shall adopt a comprehensive ordinance establishing the procedures governing land-disturbing activities which are conducted within their respective boundaries. Such ordinances shall contain provisions which conform to the minimum requirements set forth in Section 4 of this Act, and may contain provisions which are more stringent than those pro vided in this Act. Provided, however, that Local Governing Authorities shall have the authority, by such ordinance, to delegate in total or in part the responsibilities of the governing authorities as set forth in this Act, to any constitutional or statutory local planning and zoning commission.

Section 6. Two years after the effective date of this Act, the Board, by appropriate rules and regulations, shall adopt the procedures gov erning land-disturbing activities which are conducted in those counties and municipalities which do not have in effect an ordinance conforming to the provisions of this Act. Such rules and regulations shall be developed by the Division with the advice and consent of the Committee and the appropriate district and shall contain provisions which meet those minimum requirements set forth in Section 4 of this Act.

Section 7. No land-disturbing activities shall be conducted in this State, except those land-disturbing activities provided for in Section 11, without first securing the permit required herein. In those counties and municipalities which have adopted and shall have in force and effect the approved ordinances provided for in Section 5, the application for such permit shall be made to and the permit shall be issued by the governing authority of the county wherein such land-disturbing activities are to occur in the event such activities will occur outside the corporate limits of a municipality; and in those instances where such activities will occur within the corporate limits of any municipality, the applica tion for such permit shall be made to and the permit shall be issued by the governing authority of the municipality in which such landdisturbing activities are to occur. In those counties and municipalities wherein no such ordinance is in force and effect, the application for such permit shall be made to and the permit shall be issued by the Division. In each instance, no permit shall be issued unless the erosion and sediment control plan shall be approved by the appropriate District as is required by Section 9.
Section 8. Applications for permits shall be submitted in accordance with the provisions of this Act, the rules and regulations, ordinances and resolutions adopted in pursuance thereof. Such applications shall

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be accompanied by the applicant's erosion and sediment control plans and by such supportive data as will affirmatively demonstrate that the land-disturbing activity proposed will be carried out in such a manner that the minimum requirements required by this Act shall be met. No permit shall be issued to any applicant unless the issuing authority shall affirmatively determine that the plan embracing such activities meets such requirements. Permits shall be issued or denied as soon as prac ticable after the application therefore is filed with the issuing authority, but in any event not later than 45 days.
Section 9. Immediately upon receipt of an application for a permit, the application and plan for sediment and erosion control shall be re ferred to the appropriate District wherein such land-disturbing activities are proposed to take place for its review and recommendations concern ing the adequacy of the erosion and sediment control plan proposed by the applicant.
Section 10. Within the time specified by Section 8, the issuing authority shall issue or deny the permit. The issuing authority shall, upon denial of a permit, state its reasons for the denial setting forth specifically wherein such application is found to be deficient. Any land-disturbing activity permitted under this Act shall be carried out in accordance with the provisions of this Act, the ordinance, resolution, or rules and regulations adopted and promulgated pursuant to this Act. The issuing authority shall specify on the permit the conditions under which the activity may be undertaken. No land-disturbing activity sub ject to the provisions of this Act shall be undertaken or conducted by any person without the permit first having been issued. Said permit may be suspended, revoked or modified by the issuing authority upon a finding that the holder is not in compliance with the approved erosion and sedi ment control plan; or that the holder is in violation of permit condi tions; or that the holder is in violation of any ordinance, resolution, rule or regulation adopted or promulgated pursuant to this Act.

Section 11. A permit for land-disturbing activities to be conducted by any airport authority or by any public utility under the regulatory jurisdiction of the Public Service Commission shall not be required. However, any such land-disturbing activity should conform as may be feasible and practicable to the minimum requirements set forth in
Section 4 of this Act.

Section 12. Any person aggrieved by a decision or order of the issuing authority, after exhausting his administrative remedies, shall have the right to appeal de novo to the Superior Court of the county wherein such land-disturbing activities are proposed to occur.

Section 13. No provision of this Act shall authorize any person to violate, or to pollute any waters of this State as defined by, any pro visions of the "Water Quality Control Act," approved March 11, 1964 (Ga. Laws 1964, p. 416), as now or hereafter amended, or the rules and regulations promulgated and approved thereunder.

Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

FRIDAY, FEBRUARY 28, 1975

1319

Section 15. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 43, nays 0, 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 affirmative were Senators:

Ballard Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce Reynolds Riley

Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator McDowell.

Those not voting were Senators:

Banks Barker Doss

Duncan Hamilton of 34th Hill

Hudson Russell

On the passage of the bill, the yeas were 47, nays 1.

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

HB 243. By Representatives Thompson of the 93rd and Parrish of the 97th:
Senate Sponsor: Senator Holloway of the 12th.
A bill to amend Code Chapter 84-1, relating to the Joint-Secretary of State Examining Boards, so as to provide that one member of each

1320

JOURNAL OF THE SENATE,
examining board may be authorized to attend, at State expense when approved by the Joint-Secretary, trade or professional conventions or seminars.

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 Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Stumbaugh.

Those not voting were Senators:

Banks Dean of 6th Doss

Duncan Hamilton of 34th Hill

Holley Russell

On the passage of the bill, the yeas were 47, nays 1.

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

Senator Holloway of the 12th moved that HB 243 be immediately transmitted to the House.

On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 243 was immediately transmitted to the House.

FRIDAY, FEBRUARY 28, 1975

1321

HB 245. By Representative Ham of the 80th:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation, so as to change the method of con demning private property and interest therein for public road purposes by the Department of Transportation.

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 Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Dean of 6th Doss

Duncan Hamilton of 34th Hill

Holley Russell

On the passage of the bill, the yeas were 48, nays 0.

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

HB 250. By Reps. Larsen of the 27th, Elliott of the 49th, Burton of the 47th and others:
Senate Sponsor: Senator Fincher of the 54th.
A bill to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, so as to prohibit the smoking of tobacco in any form in certain public places.

1322

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 Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 31st Fincher Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie Overby Reynolds Riley Robinson

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Brown of 47th Dean of 6th

Eldridge Lester

McGill Pearce

Those not voting were Senators:

Banks Doss

Duncan Hill

Holley Russell

On the passage of the bill, the yeas were 44, nays 6.

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

Senator Overby of the 49th moved that the following bill of the House be postponed until Monday, March 3:

HB 295. By Representatives Howard of the 19th, Karrh of the 106th, Sizemore of the 136th 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.

FRIDAY, FEBRUARY 28, 1975

13-23

On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 295 was postponed until Monday, March 3.

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

HB 297. By Representatives Matthews of the 145th, Buck of the 95th, Karrh of the 106th and others:
Senate Sponsor: Senator Turner of the 8th.
A bill to provide for and declare the rights of blind and visually handi capped persons to equal public accommodations and housing; to authorize blind and visually handicapped persons to be accompanied by guide dogs in certain circumstances.

Senator Lester of the 23rd offered the following amendment:
Amend HB 297 by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:
"Section 2. Penalty. Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies, or interferes with, admittance to or enjoyment of the facilities enumerated in subsections (a) and (c) or otherwise interferes with the rights of a totally or partially blind person under this Section shall be guilty of a misdemeanor and be punished by a fine not to exceed one hundred dollars ($100.00) or by imprisonment for not more than ten (10) days, or by both such fine and imprisonment."

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy

1324
Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

JOURNAL OF THE SENATE,

Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Traylor Turner

Those not voting were Senators:

Banks Doss Duncan

Hill Holley Russell

Tysinger Warren Young

On the passage of the bill, the yeas were 47, nays 0.

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

Senator Holloway of the 12th assumed the Chair.

HB 353. By Representative Cole of the 6th:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend Code Section 95A-306 relating to the State Transporta tion Board so as to provide that the great seal of the State shall be affixed to the commissions 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, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

FRIDAY, FEBRUARY 28, 1975

1325

Riley Robinson Shapard Starr Stephens

Stumbaugh Summers Sutton Tate Thompson

Timmons Traylor Turner Warren

Those not voting were Senators:

Banks Doss Duncan

Hill Holley Holloway (presiding)

Russell Tysinger Young

On the passage of the bill, the yeas were 47, nays 0.

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

Senator Kennedy of the 4th moved that the following bill of the House be postponed until Monday, March 3:

HB 696. By Representatives Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and others:
A bill to amend an Act relating to the State Board of Corrections so as to provide that the State Board of Corrections shall be authorized to pay counties maintaining and operating correctional institutions in which state prisoners are assigned money, appropriated by the General Assembly for this purpose, for each state prisoner assigned to the county correctional institution.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 696 was postponed until Monday, March 3.

Senator Kennedy of the 4th moved that the following bill of the House be postponed until Monday, March 3:

HB 697. By Representatives Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and others:
A bill to amend an Act authorizing the Director of the Department of Corrections to allow inmates of State penal institutions to take special leave for the purpose of participation in special community or other meritorious programs or activities deemed beneficial to the inmate and n< t detrimental to the public.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 697 was postponed until Monday, March 3.

The President resumed the Chair.

1326

JOURNAL OP THE SENATE,

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

HB 665. By Representatives Lambert of the 112th, Murphy of the 18th, Vaughn of the 57th and others:
Senate Sponsor: Senator Starr of the 44th.
A bill to amend an Act known as the Executive Reorganization Act of 1972 so as to authorize the Governor to direct and implement such in ternal reorganization of the Department of Human Resources as he may find necessary to improve the management and administration of the functions assigned to the Department.

The Committee on Human Resources offered the following amendment: Amend HB 665 by striking from Section 1, Page 2, line 25, the
following: "April 1, 1977",
and inserting in lieu thereof the following: "April 1, 1976".

On the adoption of the amendment, the yeas were 39, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Kidd Langford

Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Shapard Starr Stephens

FRIDAY, FEBRUARY 28, 1975

1327

Stumbaugh
Summers Sutton Tate

Thompson
Timmons Traylor Turner

Tysinger Warren Young

Those not voting were Senators:

Banks Doss

Duncan Hill

Holley Russell

On the passage of the bill, the yeas were 50, nays 0.

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

Senator Sutton of the 9th moved that the following bill of the House be postponed until Monday, March 3:

HB 36. By Representative Alexander of the 38th:
A bill to amend an Act providing for confirmation of sales under fore closure proceedings on real estate so as to provide that no sale of real estate under powers contained in deeds to secure debt shall be valid unless notice of intent to sell such property has been mailed by the grantee, assignee or transferee of the deed to secure debt to the apparent owner by certified mail.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 36 was postponed until Monday, March 3.

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

HR 73. By Representative Carrell of the 75th:
A RESOLUTION
Proposing an amendment to the Constitution so as to establish minimum qualifications for sheriffs; to provide certain limitations; 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 XI, Section II of the Constitution is hereby amended by adding at the end thereof a new Paragraph, to be designated Paragraph III, to read as follows:

1328

JOURNAL OF THE SENATE,

"Paragraph III. Sheriffs; qualifications. Any provision of this Constitution to the contrary notwithstanding, every sheriff shall possess the qualifications required by general law as minimum standards and training for peace officers. The General Assembly is hereby authorized to provide by law for higher qualifications for sheriffs. The provisions of this Paragraph shall not apply to any sheriff in office on January 1, 1977."

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 require sheriffs to meet minimum standards and training
( ) NO required by general law?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall note "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Fincher Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Tate Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Dean of 6th Dean of 31st

Eldridge Sutton

Thompson

FRIDAY, FEBRUARY 28, 1975

1329

Those not voting were Senators:

Banks Duncan

Hill Holley

Russell

On the adoption of the resolution, the yeas were 46, nays 5.

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 243. By Senator Traylor of the 3rd:
A bill to provide for the compensation of judges of the State courts in certain counties of this State; to provide an effective date.

The House amendment was as follows: Amend SB 243 by striking from line 11 on Page 1 the following: "$6,000",
and inserting in lieu thereof the following: "$3,900".

Senator Traylor of the 3rd offered the following amendment:
Amend the House amendment to SB 243 by adding at the end of the amendment the following:
"and by adding on line 13 after the word 'county' the following:
'and all operating expenses and equipment, as designated neces sary by the Judge, will be provided by the county and paid for from the general fund of the county' ".

Senator Traylor of the 3rd moved that the Senate agree to the House amend ment as amended by the Senate.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the House amendment to SB 243 was agreed to as amended by the Senate.
Senator Holloway of the 12th assumed the Chair.

1330

JOURNAL OF THE SENATE,

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

HB 382. By Representatives McKinney of the 35th, Blackshear of the 123rd, Petro of the 46th and others:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend Code Section 26-2701, relating to definitions used in describing gambling and related offenses, so as to exclude participation in a nonprofit bingo game from the definition of the word "bet"; to exclude nonprofit bingo games from the definition of the word "lottery".

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

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bond Brantley Broun of 46th Coverdell Dean of 6th Dean of 31st Doss Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Howard Hudgins Kennedy Kidd Lester Lewis McDowell

McDuffie McGill Overby Pearce Reynolds Riley Stephens Stumbaugh Tate Tysinger

Those voting in the negative were Senators:

Barker Barnes Bell Brown of 47th Carter Eldridge Hudson

Langford Robinson Shapard Starr Summers Sutton

Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Banks Duncan Fincher

Hill Holley

Holloway (presiding) Russell

On the passage of the bill, the yeas were 30, nays 19.

FRIDAY, FEBRUARY 28, 1975

1331

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

Senator Sutton of the 9th gave notice that, at the proper time, he would move that the Senator reconsider its action in passing HB 382.

The following resolution of the Senate was read and adopted:

SR 134. By Senator Dean of the 31st: A resolution expressing regrets at the passing of Mr. Robert M. Stiles.

The Lieutenant Governor resumed the chair.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

HB 31. By Representatives Burruss of the 21st, Shanahan of the 7th and Ross of the 76th:
A bill to create the Georgia Municipal Electric Authority as an institu tion of purely public charity performing an essential governmental func tion; to authorize the Authority, as sole owner or in common with others, to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects embracing generation and transmission of elec tric power and energy.

The Conference Committee Report was as follows:
Mr. President: Mr. Speaker:
Your Conference Committee on House Bill 31 has met and submits the fol lowing report and recommendation:

That the House and Senate recede from their respective positions, and that the Senate Substitute, with the attached amendments be adopted.

HOUSE OF REPRESENTATIVES
/s/Tom L. Shanahan Representative, 7th District
/s/Tom Triplett Representative, 128th District
/s/Ben Barron Ross Representative, 76th District

Respectfully submitted,
SENATE
/s/M. Parks Brown Senator, 47th District
/s/Jimmy Lester Senator, 23rd District
/s/J. Beverly Langford Senator, 51st District

1332

JOURNAL OF THE SENATE,

CONFERENCE COMMITTEE AMENDMENTS TO SENATE SUBSTITUTE TO HOUSE BILL 31

By striking from line 1 of Page 1 the word "Georgia".

By inserting at the end of line 1 of Page 1 the following: "of Georgia".

By striking from line 31 of Page 2 the word "Georgia".

By inserting after the word "Authority" on line 1 of Page 3 the following: "of Georgia".

By inserting in line 4 of Page 3 between the words "a" and "State" the following: "political subdivision of the".

By striking the word "Authority" on line 5 of Page 3.

By striking the words "Georgia Municipal Electric Authority" as they appear on lines 5 and 6, 10 and 11, and 14 of Page 4, and substitut ing in lieu thereof the following: "Municipal Electric Authority of Georgia".

By striking from line 10 of Page 12 the word "Georgia".

By inserting after the word "Authority" on line 11 of Page 12 the following: "of Georgia".

And, by deleting in their entirety lines 6 through 10 of Page 46 and substituting in lieu thereof the following: "an electric distribution system."

Senator Brown of the 47th moved that the Conference Committee Report on HB 31 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 Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Doss Eldridge Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins

Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens

FRIDAY, FEBRUARY 28, 1975

1333

Stumbaugh Summers Sutton Tate Thompson Timmons

Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Duncan

Fincher Hill

Holley Russell

On the adoption of the Conference Committee Report, the yeas were 50, nays 0, and the Conference Committee Report on HB 31 was adopted.

The following resolution of the Senate was read and adopted:

SR 135. By Senators Pearce of the 16th, Doss of the 52nd, Howard of the 42nd and others:
A resolution denominating the Honorable Preston B. Lewis as judge of a certain court.

Senator Riley of the 1st 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. Mon day at 1:55 o'clock P. M.

1334

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Monday, March 3, 1975

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.

Senator Sutton of the 9th moved that the Senate reconsider its action of February 28 in passing the following bill of the House:

HB 382. By Representatives McKinney of the 35th, Blackshear of the 123rd, Petro of the 46th and others:
A bill to amend Code Section 26-2701, relating to definitions used in describing gambling and related offenses, so as to exclude participation in a nonprofit bingo game from the definition of the word "bet"; to exclude nonprofit bingo games from the definition of the word "lottery".

On the motion to reconsider, Senator Garrard of the 37th called for the yeas 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 Barnes Brown of 47th Carter Coverdell Foster

Garrard Hamilton of 26th Howard Hudson Langford McDowell

Robinson Shapard Stumbaugh Sutton Thompson Timmons

Those voting in the negative were Senators:

Ballard Banks Brantley Broun of 46th Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Gillis Hamilton of 34th Holley Holloway Hudgins Kennedy Kidd Lester Lewis McDuffie

McGill Overby Pearce Reynolds Riley Starr Stephens Traylor Tysinger

Those not voting were Senators:

Bell Bond Hill

Russell Summers Tate

Turner Warren Young

MONDAY, MARCH 3, 1975

1335

On the motion, the yeas were 18, nays 29; the motion was lost, and HB 382 was not reconsidered.

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 954. By Representative Phillips of the 120th: A bill to amend an Act creating the office of the Tax Commissioner of Montgomery County so as to provide for determination of the compensa tion of the tax commissioner; to provide an effective date.
HB 978. By Representatives Logan of the 62nd and Russell of the 64th: A bill to amend an Act placing the Sheriff of Clarke County upon an annual salary so as to increase the food allowance for the prisoners confined in the county jail; to provide an effective date.
HB 980. By Representatives Patten of the 146th and Carter of the 146th: A bill to amend an Act creating a Small Claims Court in certain counties of this State, so as to change the population classification of said Act; to change the provisions relative to costs, fees and commissions.
HB 983. By Representatives Phillips of the 59th, Wall of the 61st and Harris of the 60th: 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 said city.
HB 991. By Representatives Colwell and Twiggs of the 4th: A bill to amend an Act placing the Sheriff of Gilmer County on a salary system in lieu of fees, so as to change the provisions relative to the compensation and expense allowance of the Sheriff; to change the provisions relative to deputies.

HB 992. By Representatives Twiggs and Colwell of the 4th: A bill to amend an Act creating a county commissioner of roads and

1336

JOURNAL OF THE SENATE,

revenues and an advisory board of Gilmer County so as to change the provisions relative to the compensation and expense allowance of the commissioner of Gilmer County.

HB 700. By Representatives Carr of the 105th, Whitmire of the 9th, Bray of the 70th and others:
A bill to amend an Act completely revising, the laws relating to the State Personnel Board and the State Merit System of Personnel Administra tion so as to provide for additional powers and duties of the State Personnel Board.
HB 818. By Representatives Carr of the 105th, Whitmire of the 9th, Bray of the 70th and others:
A bill to amend an Act providing for a physical examination as a pre requisite for employment by the State so as to change the provisions relative to requiring a physical examination; to provide for certain certi fication by the State Employees' Health Service.

HB 593. By Representatives Snow of the 1st, Sams of the 90th and Walker of the 115th:
A bill to amend Code Section 68A-903, relating to homicide by a vehicle, so as to redefine the offense of homicide by a vehicle in the first degree; to redefine the offense of homicide by a vehicle in the second degree.

HB 805. By Representative Howell of the 140th:
A bill to amend Code Chapter 34-10A relating to the Georgia Presi dential Preference Primary, so as to provide for qualifying period and certification date for candidate in the Presidential Preference Primary.

SB 155. By Senators Garrard of the 37th and Coverdell of the 40th:
A bill to amend Code Section 39-1105, relating to fees for advertising, as amended, so as to change the certain fees.

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

SB 131. By Senator Kidd of the 25th:
A bill to completely and exhaustively revise the laws relating to the State Personnel Board and the State Merit System of Personnel Administra tion; to provide for a declaration of purpose; to define certain terms; to prescribe the functions and powers of the board.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

MONDAY, MARCH 3, 1975

1337

SB 109. By Senators Lewis of the 21st, Young of the 13th, Pearce of the 16th and others:
A bill to amend an Act creating the office of Solicitor General emeritus and creating a retirement fund, as amended, so as to provide for eligi bility for appointment and for retirement benefits and for payments into the fund.

The House has adopted, by substitute, by the requisite constitutional major ity the following resolution of the Senate, to-wit:

SR 25. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to abolish the present State Personnel Board and to provide for a new State Personnel Board which shall provide policy direction for a State Merit System of Personnel Administration; to provide for the sub mission of this amendment for ratification or rejection.

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

HR 128. By Representative Knight of the 67th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Coweta County to enter into certain leases, contracts, and lease agreements for a term not exceeding 30 years.

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

HB 239. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Baldwin County into the office of Tax Commissioner of Baldwin County.

The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:

HB 31. By Representatives Burruss of the 21st, Shanahan of the 7th and Ross of the 76th:
A bill to create the Georgia Municipal Electric Authority as an institu tion of purely public charity performing an essential governmental function; to authorize the Authority, as sole owner or in common with others, to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects embracing generation and transmission of electric power.

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JOURNAL OF THE SENATE,

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

SB 361. By Senators Warren of the 43rd and Reynolds of the 48th:
A bill to revise, consolidate and modernize present laws relating to financial responsibility of operators or owners of motor vehicles upon the highways of this State and to establish new laws relating thereto; to codify such laws as Title 68C of the Code of Georgia of 1933, as amended. Referred to Committee on Transportation.

SB 362. By Senator McGill of the 24th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as amended, so as to repeal the current provisions regarding the perfection and foreclosure of mechanics' liens on vehicles. Referred to Committee on Transportation.

SB 363. By Senator Barnes of the 33rd:
A bill to amend an Act providing for a new charter for the City of Powder Springs, Georgia, as amended, so as to redefine the corporate limits of the city. Referred to Committee on County and Urban Affairs.

SB 364. By Senators Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act creating a new charter for the City of Kennesaw, as amended, so as to change the provisions relating to the election of Mayor and Councilmen; to change the term of office for the Mayor and Councilmen. Referred to Committee on County and Urban Affairs.

SB 365. By Senators Russell of the 10th and Pearce of the 16th:
A bill to amend Code Section 24-2823, relating to sheriff's fees, as amended, so as to change certain fees; to enumerate additional fees; to remove authority for certain fees. Referred to Committee on Judiciary.

SB 366. By Senator Bond of the 39th:
A bill to amend Code Chapter 56-38, relating to credit life insurance and credit accident and sickness insurance, so as to provide that the Commissioner shall not approve any form where the incurred claims paid or to be paid are less than one-half of the earned premiums received or anticipated for the same period of time. Referred to Committee on Banking, Finance and Insurance.

MONDAY, MARCH 3, 1975

1339

SB 367. By Senator Pearce of the 16th:
A bill to amend Code Chapter 26-30, relating to invasions of privacy, so as to remove certain provisions relating to eavesdropping and sur veillance. Referred to Commission on Judiciary.

SB 368. By Senator Reynolds of the 48th:
A bill to amend Section 66-103 of the Code of Georgia, which provides for the payment of wages due deceased employees to certain survivors without the necessity of administration upon the deceased employees' estates, as amended, so as to increase the amount of wages that may be paid.
Referred to Committee on Industry, Labor and Tourism.

SR 133. By Senator Barker of the 18th:
A resolution urging the President of the United States to declare an emergency exists in Georgia under the provisions of the Disaster Relief Act of 1974. Referred to Committee on Defense and Veterans Affairs.

SR 136. By Senator Warren of the 43rd:
A resolution urging the Senate Committee on Economy, Reorganization and Efficiency in Government to make certain studies relative to un employment compensation. Referred to Committee on Rules.

SR 138. By Senators Hudgins of the 15th, Pearce of the 16th and Barker of the 18th:
A resolution urging the Administrator of Veterans Affairs to acquire acreage at Port Gillem for the purpose of establishing a national cemetery. Referred to Committee on Defense and Veterans Affairs.

SR 139. By Senators Lester of the 23rd and Riley of the 1st:
A resolution creating the Freeport Tax Study Committee. Referred to Committee on Rules.

SR 140. By Senators Reynolds of the 48th and Hudson of the 35th:
A resolution creating the Blue Laws Study Committee. Referred to Committee on Rules.

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

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JOURNAL OP THE SENATE,

HB 954. By Representative Phillips of the 120th:
A bill to amend an Act creating the office of the Tax Commissioner of Montgomery County so as to provide for determination of the compensa tion of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 978. By Representatives Logan of the 62nd and Russell of the 64th:
A bill to amend an Act placing the Sheriff of Clarke County upon an annual salary so as to increase the food allowance for the prisoners confined in the county jail. Referred to Committee on County and Urban Affairs.

HB 980. By Representatives Patten and Carter of the 146th:
A bill to amend an Act creating a Small Claims Court in certain counties of this State so as to change the population classification of said Act; to change the provisions relative to costs, fees and commissions. Referred to Committee on County and Urban Affairs.

HB 983. By Representatives Phillips of the 59th, Wall of the 61st and Harris of the 60th:
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. Referred to Committee on County and Urban Affairs.

HB 991. By Representatives 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 fees so as to change the provisions relative to the compensation and expense allowance of the Sheriff. Referred to Committee on County and Urban Affairs.
HB 992. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating a county commissioner of roads and revenues and an advisory board of Gilmer County so as to change the provisions relative to the compensation and expense allowance of the commissioner of Gilmer County. Referred to Committee on County and Urban Affairs.
HB 593. By Representatives Snow of the 1st, Sams of the 90th and Walker of the 115th:
A bill to amend Code Section 68A-903, relating to homicide by a vehicle, so as to redefine the offense of homicide by a vehicle in the first degree; to redefine the offense of homicide by a vehicle in the second degree. Referred to Committee on Judiciary.

MONDAY, MARCH 3, 1975

1341

HB 805. By Representative Howell of the 140th:
A bill to amend Code Chapter 34-10A relating to the Georgia Presi dential Preference Primary, so as to provide for qualifying period and certification date for candidate in the Presidential Preference Primary. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 818. By Representatives Carr of the 105th, Whitmire of the 9th, Bray of the 70th and others:
A bill to amend an Act providing for a physical examination as a pre requisite for employment by the State so as to change the provisions relative to requiring a physical examination; to provide for certain certification by the State Employees' Health Service.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 700. By Representatives Carr of the 105th, Whitmire of the 9th, Bray of the 70th and others:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration so as to provide for additional powers and duties of the State Personnel Board.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HR 128. By Representative Knight of the 67th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Coweta County to enter into certain leases, contracts, and lease agreements for a term not exceeding 30 years. Referred to Committee on County and Urban Affairs.

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

Senator Stephens of the 36th District, Chairman of the Committee on Con sumer Affairs, submitted the following report:
Mr. President:
Your Committee on Consumer 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 193. Do pass by substitute. Respectfully submitted, Stephens of 36th District, Chairman.

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JOURNAL OF THE SENATE,

Senator Overby of the 49th 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 House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 107. Do pass.
HB 19. Do pass.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Garrard of the 37th 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 rec ommendations:
SB 344. Do pass. HB 366. Do pass. HB 385. Do pass. HB 582. Do pass. HB 610. Do pass. HB 629. Do pass. HB 747. Do pass. HB 808. Do pass. HB 816. Do pass. HB 848. Do pass. HB 854. Do pass as amended. HB 873. Do pass.
HB 874. Do pass as amended.
HB 877. Do pass.
HB 915. Do pass.
HB 916. Do pass.

MONDAY, MARCH 3, 1975

1343

HB 923. Do pass. HB 927. Do pass. HR 208. Do pass. HR 229. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Eldridge of the 7th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 67. Do pass. SR 94. Do pass. SR 126. Do pass. SR 112. Do pass. SR 122. Do pass as amended. SR 99. Do pass. SR 91. Do pass by substitute.
HR 92. Do pass.
HR 158. Do pass.
SR 123. Do pass.
SR 124. Do pass.
SR 120. Do pass.
Respectfully submitted, Eldridge of 7th District, Chairman.

Senator Eldridge of the 7th 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 241. Do pass.
HR 69. Do pass as amended.

Respectfully submitted, Eldridge of 7th District, Chairman.

Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bills and resolutions of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 141. Do pass. SB 254. Do pass. SB 253. Do pass. SR 100. Do pass. HR 222. Do pass. SB 299. Do not pass. SR 114. Do pass. SR 127. Do pass. HR 204. Do pass as amended. HB 899. Do pass. HR 239. Do pass.
Respectfully submitted, Eldridge of 7th District, Chairman.

The following bills and resolutions of the Senate and House were read the second time:
SB 101. By Senator Dean of the 31st:
A bill to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide for an additional post-retirement benefit adjustment; to provide for other matters relative thereto.

MONDAY, MARCH 3, 1975

1345

SB 145. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and Starr of the 44th:
A bill to amend Code Title 41A, relating to financial institutions, and known as the "Financial Institutions Code of Georgia", approved March 25, 1974 (Ga. Laws 1974, p. 705), so as to clarify certain provisions; to correct technical and typographical errors; to redefine certain terms.

SB 146. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and Starr of the 44th:
A bill to amend Code Section 13-203.1 relating to bank offices and hank facilities, as amended, so as to provide for the establishment of business production offices under certain conditions; to provide for the proce dures connected therewith.

SB 280. By Senator Barnes of the 33rd:
A bill to amend Code Section 2-7-3102, relating to the sale and destruction of weapons, so as to provide that weapons used in the commission or attempted commission of a crime may be destroyed when no longer needed for evidentiary purposes.

SB 286. By Senators Barker of the 18th, Holloway of the 12th, Sutton of the 9th and others:
A bill to provide procedures for the return of mobile homes for taxation, determining the applicable rates therefor, and collecting the ad valorem tax imposed thereon; to provide for all matters relative thereto; to provide an effective date.

SB 288. By Senators Coverdell of the 40th, Brantley of the 56th and Garrard of the 37th:
A bill to amend Code Section 26-2703, relating to commercial gambling, as amended, so as to provide that commercial gambling shall be a felony; to provide punishment for said crime.

SB 291. By Senators Robinson of the 27th, Turner of the 8th, Hudson of the 35th and others:
A bill to amend Code Chapter 26-27, relating to gambling and related offenses, as amended, so as to provide that it shall be unlawful for any person, partnership, firm, corporation or other entity to sell, distribute, televise, broadcast or disseminate any advertisement, television or radio commercial, or any book, magazine, periodical, newspaper, or other written or printed matter containing an advertisement or solicitation for participation in any lottery.
SB 306. By Senator Howard of the 42nd:
A bill to amend an Act providing the Attorney General, upon request of

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JOURNAL OP THE SENATE,

any department or office is authorized to employ private counsel to perform legal services for that department or office and that such department shall pay for such services.

SB 309. By Senator Barker of the 18th:
A bill to amend Code Section 26-2906, relating to criminal sanctions for selling, manufacturing, purchasing or possessing a machine gun, so as to provide that said Code Section shall not apply to any person who has registered his machine gun in accordance with the dictates of the National Firearms Act.

SB 320. By Senators Langford of the 51st and Kidd of the 25th:
A bill to amend Code Section 26-2701 relating to definitions with respect to gambling and related offenses, so as to change the provisions relating to the definition of a lottery.

SB 334. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
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 flash ing or revolving blue lights, approved April 6, 1972 (Ga. L. 1972, p. 1092), as amended, 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.
SB 351. By Senator Pearce of the 16th:
A bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or a security deed, approved March 16, 1966 (Ga. L. 1966, p. 574), as amended, so as to clarify the definition of "rate of charge".

SR 78. By Senators Sutton of the 9th, Eldridge of the 7th and Young of the 13th:
A resolution authorizing an annual expenditure of $5,000 for the opera tion of the Georgia Agrirama Development Authority Overview Com mittee.

SR 82. By Senators Barker of the 18th, Holloway of the 12th, Sutton of the 9th and others:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to enact legislation treating any and all mobile homes as a separate class of property from other classes of tan gible property for ad valorem tax purposes and to adopt different rates, methods or assessment dates for the taxation of such property

MONDAY, MARCH 3, 1975

1347

and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said mobile homes.

SR 108. By Senator Riley of the 1st:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Marcona Terminal Company, a Nevada corporation, its successors and assigns, including Savannah Port Authority, a body corporate and politic created by Act of the Georgia General Assembly, an easement over, under, across and through certain property owned or claimed by the State of Geor gia and located in Chatham County, Georgia.

SR 113. By Senators Stumbaugh of the 55th, Holloway of the 12th, Hudgins of the 15th and others:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipalities to grant a partial or complete exemption from ad valorem property taxes levied by such county or municipality on certain tangible property; to require the approval of such exemption by the electors of the county or municipality.

HB 67. By Representative Wall of the 61st:
A bill to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission so as to require periodic and terminal billings for electric, gas and water services to note certain items in a conspicuous manner.

HB 89. By Representative Ham of the 80th:
A bill to amend an Act known as the "Electric Membership Corporations Act", so as to provide that directors of electric membership corporations may be compensated for their services rendered on behalf of such cor porations.

HB 377. By Representatives McDonald of the 12th, Smith of the 78th and Hutchinson of the 133rd:
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.

HR 7. By Representative Shanahan of the 7th: A resolution compensating Mr. Paul Roach.

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JOURNAL OF THE SENATE,

HR 11. By Representatives Hudson of the 137th and Irwin of the 130th: A resolution compensating the Williams Brothers Grocery Company.

HR 20. By Representative Davis of the 56th: A resolution compensating Mr. J. Fred Holland.

HR 52. By Representative McKinney of the 35th: A resolution compensating Mr. Alfred L. Knox.

HR 54. By Representative Larsen of the 27th: A resolution compensating Mr. and Mrs. Gerald F. Thrift.

HR 55. By Representative Larsen of the 27th: A resolution compensating Mr. James H. Bohannon.

HR 61. By Representative Kreeger of the 21st: A resolution compensating Mr. Roy M. Lingefelt.

HR 91. By Representative Vaughn of the 57th: A resolution compensating Mr. William H. Sheperd.

HR 111. By Representative Logan of the 62nd: A resolution compensating Mr. David Ledet.

HR 120. By Representative Childs of the 51st: A resolution compensating Mr. Carl Perrin.

HB 449. By Representatives Buck of the 95th, Ware of the 68th, Castleberry of the lllth and Wood of the 9th:
A bill to be known as the "Georgia Title Insurance Act".

HB 488. By Representative Miles of the 86th:
A bill to amend Ga. Laws 1937, as amended, relating to the taxable net income of a nonresident for income tax purposes.

HB 491. By Representative Miles of the 86th: A bill to amend Section 92-3002 of the Code of Georgia relating to the

MONDAY, MARCH 3, 1975

1349

definition of the word "nonresident" for income tax purposes, to clarify the definition of the word "nonresident".

HB 492. By Representative Miles of the 86th:
A bill to amend Section 92-3201 of the Code of Georgia to provide a definition of who must file an income tax return.

HB 493. By Representatives Miles of the 86th and Connell of the 87th:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to clarify the provisions of existing law which allow to each dealer a deduction equal to three percent (3%) of the amount of tax due under said Act.

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

SB 103. By Senators Stephens of the 36th and Bond of the 39th:
A bill to amend an Act entitled "An Act to provide for the retirement of the judges and solicitor-general of the Criminal Court of Pulton County, the judges of the Civil Court of Fulton County, and the judge of the Juvenile Court of Fulton County", 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, the ayes were 41, nays 0.

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

SB 328. By Senator Foster of the 50th:
A bill to create and establish an Airport Authority for Rabun County, and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for use of air craft, which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking, and to ac quire, own and hold a fee simple title to all necessary property therefor.

The report 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,

SB 337. By Senator Langford of the 51st:
A bill to amend an Act placing certain of the county officers of Cherokee County upon an annual salary, as amended, so as to change the compen sation of the Clerk of the Superior Court of Cherokee County; 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 ayes were 41, nays 0.

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

SB 338. By Senator Langford of the 51st:
A bill to amend an Act placing certain of the county officers of Cherokee County upon an annual salary, as amended, so as to change the provisions relative to the compensation of the deputies and clerical assistants of the Clerk of the Superior Court 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 41, nays 0.

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

HB 362. By Messrs. Evans of the 84th and Owens of the 77th:
A bill to amend Code Section 92-6201, relating to the time to make tax returns, so as to change the time for making tax returns in 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 368. By Mr. Irvin of the 23rd:
A bill to amend an Act creating a new charter for the City of Alpharetta so as to change the salaries of the Mayor of said city.

MONDAY, MARCH 3, 1975

1351

The report 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 631. By Representatives Bargeron of the 83rd and Evans of the 84th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Jefferson 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 were 41, nays 0.

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

HB 786. By Representative Hatcher of the 131st:
A bill to abolish the office of Treasurer of Baker County; to provide that the Board of Commissioners of Baker County shall appoint depositories 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 41, nays 0.

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

HB 787. By Representative Hatcher of the 131st:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Baker County into the office of Tax Commissioner of Baker 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.

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JOURNAL OP THE SENATE,

HB 802. By Representatives Evans of the 99th, Pinkston of the 100th, Lucas of the 102nd and others:
A bill to provide for the compensation of the Mayor, Councilmen and Recorder of the municipality of Payne 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 803. By Representatives Evans of the 99th, Pinkston of the 100th, Lucas of the 102nd and others:
A bill to change the frequency and date of elections for the offices of Mayor, Councilmen and Recorder of the municipality of Payne 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 809. By Representative Clifton of the 107th:
A bill to amend an Act creating the office of Tax Commissioner of Candler County so as to change the provisions relating to clerical and other personnel of the Tax Commissioner and their 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 41, nays 0.

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

HB 812. By Representative Clifton of the 107th:
A bill to amend an Act placing the Clerk of the Superior Court of Candler County on an annual salary in lieu of the fee system of com pensation so as to change the provisions relating to clerical and other

MONDAY, MARCH 3, 1975

1363

personnel of the clerk of the superior court and the compensation for such 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 41, nays 0.

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

HB 813. By Representative Clifton of the 107th:
A hill to amend an Act placing the Judge of the Probate Court of Candler County on an annual salary in lieu of the fee system of com pensation so as to change the compensation of the judge of the probate 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 824. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to amend an Act creating the Board of Commissioners of Emanuel County so as to change the provisions relating to expenses.

The report 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 826. By Representatives Kreeger of the 21st, Burruss of the 21st, Cooper of the 19th and others:
A bill to amend an Act creating the Paulding County Water Authority so as to change the provisions relative to a quorum of the authority.

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

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JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 41, nays 0.

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

HB 828. By Representative Carrell of the 75th:
A bill to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensation so as to provide for 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 41, nays 0.

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

HB 831. By Representative Smith of the 78th:
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; to provide for deputy sheriffs and their 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 41, nays 0.

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

HB 864. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act creating a new charter for the City of Hogansville in the County of Troup 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.

MONDAY, MARCH 3, 1975

1355

HB 865. By Representatives Ware of the 68th and Mullinax of the 69th:
A bill to amend an Act relating to the compensation of certain county officers of Troup County so as to change the compensation of the Sheriff and the Tax Commissioner of Troup 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 810. By Representative Clifton of the 107th:
A bill to amend an Act establishing the State Court of Candler County (formerly the City Court of Metier), 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 41, nays 0.

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

HB 811. By Representative Clifton of the 107th:
A bill to amend an Act creating a Board of Commissioners of Candler County so as to change the provisions relating to the compensation of the Chairman, Members of the Board, and Clerk of the Board of Com missioners.

The report 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 706. By Representative Stone of the 138th:
A "bill to amend an Act providing for a new charter for the City of Baxley so as to change the corporate limits of the City of Baxley.

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JOURNAL OF THE SENATE,

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

Amend HB 706 by inserting in the title after the word and semicolon "Baxley;" (Page 1, line 4), the following:

"to provide for a referendum;".

By renumbering Section 2 as Section 3 and by adding a new Section 2, to read as follows:

"Section 2. 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 election superin tendent of the City of Baxley to issue the call for an election for the purpose of submitting this Act to the electors of the City of Baxley and the electors of Appling County residing in the area proposed to be annexed by this Act for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding once a week for two weeks immediately preceding the date thereof, in the official organ of Appling County. The ballot shall have written or printed thereon the words:

'( ) YES Shall the Act changing the corporate limits of ( ) NO the City of Baxley be approved?'

All persons desiring to vote for approval 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 the City of Baxley. It shall be the duty of the superintendent to hold and con duct such election. It shall be his further duty to certify the result thereof to the Secretary of State."

On the adoption of the amendment, the yeas 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 yeas were 41, nays 0.

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

MONDAY, MARCH 3, 1975

1357

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

HR 109. By Representative Sigman of the 74th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to prescribe by law applicable to Newton County 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, the time for payment of taxes and other charges, either in installments or in one sum, the time default shall occur, and the manner in which tax payments shall be apportioned in Newton Coun ty; 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 Newton 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 Newton 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 charges, including those due to the State of Georgia and Newton County, shall be due, either in installations or in one sum, and when default in such payment shall occur; and
(d) Authorize payments or partial payments of taxes, assess ments or other charges, or installments thereof, to be apportioned be tween the State of Georgia and Newton County, in the same propor tions that the taxes, assessments or other charges due each shall bear to the whole bill or bills reserving to the taxpayer the right to direct how money paid by taxpayer shall be applied."

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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 written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to au thorize the General Assembly to prescribe by law applicable to Newton County the time for making levies and assessments, the manner in
( ) NO which tax bills and notices shall be prepared, the number, form and content of tax bills and no tices, the time for payment of taxes and other charges, either in installments or in one sum, the time default shall occur, and the manner in which tax payments shall be apportioned in Newton 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.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Young

MONDAY, MARCH 3, 1975

1359

Those not voting were Senators:

Barker Bond Broun of 46th

Poster Howard Reynolds

Tate Warren

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.

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

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Tysinger Warren Young

Those not answering were Senators:

Duncan

Tate

Reynolds

Turner

The following resolution of the Senate was read and adopted:

SR 137. By Senators Warren of the 43rd, Coverdell of the 40th, Tysinger of the 41st and others:
A resolution expressing appreciation to the Senator from the 28th District.

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Senator Banks of the 17th introduced as Chaplain, The Reverend John W. Mummerit, pastor, First Presbyterian Church, Barnesville, Georgia, who of fered scripture reading and prayer.

Senator Overby of the 49th moved that the following bill of the House be committed to the Committee on Judiciary:

HB 669. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
A bill to amend an Act reorganizing the State Department of Law so as to clarify the power of the Attorney General to investigate into the affairs of the State or any of its agencies or authorities or any person or organization dealing with the same.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 669 was committed to the Committee on Judiciary.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 239. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Baldwin County into the office of Tax Commissioner of Baldwin County.

Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 239.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate substitute to HB 239 was insisted upon.

Senator Kidd of the 25th moved that the following bill of the Senate be with drawn from consideration of the Senate:

SB 130. By Senator Kidd of the 25th:
A bill to amend an Act regulating the practice of professional sanitar ians, approved March 7, 1957 (Ga. Laws 1957, p. 219), as amended, so to provide that it shall be unlawful to employ any person as a sanitarian trainee or as a sanitarian, who has not met the educational requirements for registration as a Registered Professional Sanitarian under the provisions of this Act.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 130 was withdrawn from consideration of the Senate.

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1361

The following resolution of the Senate was taken up for the purpose of considering a House substitute thereto:

SR 25. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to abolish the present State Personnel Board and to provide for a new State Per sonnel Board which shall provide policy direction for a State Merit System of Personnel Administration; 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 abolish the present State Personnel Board and to provide for a new State Person nel Board which shall provide policy direction for a State Merit System of Personnel Administration; to provide for qualifications of members, their appointment and terms of office; 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 XIV, Section I of the Constitution is hereby amended by striking Paragraph I in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. State Personnel Board. The State Personnel Board in existence at the time of the submission of this proposed amendment for ratification or rejection is hereby abolished. The persons appointed to said board shall serve through December 31, 1976, at which time their terms of office shall stand abolished. There is hereby created a new nonsalaried State Personnel Board which shall provide policy direction for a State Merit System of Person nel Administration. Under said merit system, State personnel shall be selected on a basis of merit, fitness and demonstrated ability according to law. The State Personnel Board shall be comprised of five citizens of this State, of known interest in the improvement of the quality of State government. Members of the State Personnel Board shall be appointed by the Governor, subject to confirmation by the Senate. The first members shall be appointed for terms of one, two, three, four and five years, respectively, the term to be designated by the Governor. All subsequent appointments shall be for a period of five years, except unexpired terms. Service on the State Personnel Board shall be restricted to two consecutive terms, provided that the completion of an unexpired term shall not be considered a term of service within the context of this two-term limitation. No State official or employee shall be a member of the State Personnel Board. All members of the State Personnel shall hold office until their successors are appointed and qualified.

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Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment."

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 a five-member State Personnel Board
( ) NO which shall provide policy direction for a State Merit System of Personnel Administration in lieu of the present State Personnel Board?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment sail vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

Senator Kidd of the 25th moved that the Senate agree to the House sub stitute to SB 25.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the House substitute to SR 25 was agreed to.

SENATE CALENDAR
Monday, March 3, 1975
HB 69. Candidate Qualification--change time allowed HB 193. Registration List--close 30 days prior to election HB 197. Polling Places--regulation on firearms HB 198. Special Elections--regulation HB 295. Indictment Againt Peace Officer--before Grand Jury HB 696. County Correctional Institution--State pay prisoner cost HB 697. Inmate--warden issue limited pass privileges HB 36. Foreclosure Proceedings--notice of intent to sell SB 69. Steel Trap for Capturing Wild Animals--unlawful

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SB 130. Sanitarian or Trainee--educational requirement for employees (AM)
SB 169. Obscene Material--change provisions
SB 212. Taxes Due State, County--change rate of interest
SB 220. Fulton County--violation zoning ordinance and building codes
SB 242. Tangible Personal Property Sale to Orphans' Homes--tax exempt
SB 277. Industrial Loan Act--penalties
SB 282. Advisory Board Veterinary Medicine, University of Georgia-- create
SB 294. Vital Records--fees, birth certificates, burial permits
SB 311. Commercial Fishing License--change laws
SB 314. Persons Senile, Alcoholic, Drug Addicted, Disabled-- guardians (AM)
SB 316. Possession of Firearm--punishment second offense
SB 324. Public Service Commission--make more efficient (SUB)
SB 331. Salt Water Crawfish--repeal act regulating taking
SB 345. Mentally 111 Person Involuntarily Committed -- provide for hearing
SR 58. Inventory--tax same as tangible personal property
SR 109. Berrien County--conveyance of property (AM)
SR 110. Berrien County--conveyance of property
HB 83. Foreign State Courts--enforcement of money judgments rendered
HB 124. Pardons and Paroles Board--issue arrest warrant for parolee
HB 125. Pardon Cases--notify sentencing judge and District Attorney
HB 126. Pardon Cases--writen decision
HB 147. Georgia Scenic Trails Act--provide bikeways
HB 151. Professional Sanitarian--license
HB 182. Public School Employees' Retirement System--members (SUB)
HB 280. Banks, Savings and Loan Associations--interest on loans
HB 337. Atlanta--additional grants (AM)
HB 374. Health and Accident Insurance--renewal premium provisions
HB 380. Plans for Protecting Major Streams--correct certain defini tions
HB 383. County Homestead Exemption--eliminate application fee
HB 389. Banks and Financial Institutions--methods of taxing

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HB 532. Sales Tax--increase interest rate on delinquent taxes HB 666. Legal Council for Public Official--Governor to appoint HB 667. Attorney General--appoint assistants, personnel and at
torneys HB 668. Attorney General--clarify duties HB 669. Attorney General--power to investigate State affairs (SUB) HB 736. Intangible Recording Tax on Real Estate Loan--not considered
interest HB 737. Banks----no franchise tax and income tax HB 819. Licensing of Nonresident Adjusters--provide for HB 821. Insurance Holding Company System--standards, reports, re
quirements HB 822. Insurance Contracts--time limits for cancellation HB 823. Insurance Commissioner--who may be put on probation HR 8. City-County Sinking Fund--pay off indebtedness HR 13. Tract of State-Owned Property--conveyance HR 51. Montgomery County--conveyance of State-owned property HR 72. Meriwether County--lease of real property HR 155. Engineering Experiment Station at Georgia Tech -- change

The following general bill of the House, postponed on February 28 until March 3, was read the third time and put upon its passage:

HB 69. By Representative Wall of the 61st:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend Code Section 34-1005 (b), relating to qualification of candidates for primaries to require the opening of qualifying on the fourth Wednesday in May preceding a primary.

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 Banks Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

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1365

Carter Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins

Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators Coverdell, Dean of 6th and Hill.

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following general bills of the House, postponed on February 28 until March 3, were read the third time and put upon their passage:
HB 193. By Representatives Howell of the 140th, Bray of the 70th, Keyton of the 143rd and Leonard of the 3rd: Senate Sponsor: Senator Kidd of the 25th. A bill to amend Code Title 34, the Georgia Election Code, so as to provide that the registration list for any general primary or general election shall close thirty (30) days prior to said primary or election.
Senator Kidd of the 25th offered the following amendment:
Amend HB 193 by striking on Page 2, lines 18 and 23, and Page 3, lines 18 and 29, the following:
"at least".
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

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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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

Gillis Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Bond Fincher

Hamilon of 26th Hill

Tate Tysinger

On the passage of the bill, the yeas were 50, nays 0.

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

HB 197. By Representatives Howell of the 140th, Bray of the 70th, McDonald of the 12th and others:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend Code 34-1313, relating to regulations in force at polling places, so as to prohibit the carrying of firearms except by certain 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:

MONDAY, MARCH 3, 1975

1367

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter
Coverdell
Dean of 6th
Dean of 31st
Doss
Duncan
Eldridge
Fincher
Foster
Garrard

Gillis Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy
Kidd
Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby
Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers
Sutton
Tate
Thompson
Timmons
Traylor
Turner
Tysinger
Warren
Young

Those not voting were Senators Broun of 46th and Hamilton of 26th.

On the passage of the bill, the yeas were 54, nays 0.

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

Senator Holloway of the 12th introduced as Doctor of the Day, Dr. Carl Hancock, Albany, Georgia.

The following general bills of the House, postponed on February 28 until March 3, were read the third time and put upon their passage:

HB 198. By Representatives Howell of the 140th, Keyton of the 143rd and Bray of the 70th:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend Code Section 34-807, relating to special elections held at the time of a general election, so as to provide the regulations by which such special elections 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, the President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren

Those not voting were Senators:

Holley Young

Starr

Timmons

On the passage of the bill, the yeas were 52, nays 0.

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

HB 696. By Representatives Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and others:
Senate Sponsor: Senator Kennedy of the 4th.
A bill to amend an Act relating to the State Board of Corrections so as to provide that the State Board of Corrections shall be authorized to pay counties maintaining and operating correctional institutions in which state prisoners are assigned money, appropriated by the General Assembly for this purpose, for each state prisoner assigned to the county correctional institution.

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, MARCH 3, 1975

1369

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Brantley Dean of 6th

Dean of 31st Hamilton of 34th

Holloway Robinson

On the passage of the bill, the yeas were 49, nays 0.

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

Senator Banks of the 17th moved that the following bill of the House be postponed until 12:00 o'clock noon, March 3:

HB 36. By Representative Alexander of the 38th:
A bill to amend an Act providing for confirmation of sales under fore closure proceedings on real estate so as to provide that no sale of real estate under powers contained in deeds to secure debt shall be valid unless notice of intent to sell such property has been mailed by the grantee, assignee or transferee of the deed to secure debt to the apparent owner by certified mail.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 36 was postponed until 12:00 o'clock noon.

The President introduced Lt. Gov. Brantley Harvey, Jr. of South Carolina, who addressed the Senate.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

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SB 131. By Senator Kidd of the 25th:
A bill relating to the State Personnel Board and the State Merit System of Personnel Administration; to provide for a declaration of purpose; to define certain terms.

The House substitute was as follows:
A BILL
To be entitled an Act to completely and exhaustively revise, super sede and consolidate the laws relating to the State Personnel Board and the State Merit System of Personnel Administration; to provide for a declaration of purpose; to define certain terms; to prescribe the func tions, powers and duties of the Board; to provide for the compensation of the members of the Board; to prescribe the duties and responsibilities of the Commissioner; to provide for the appointment of the Commissioner; to provide for financing the State Merit System; to provide for a classi fied and unclassified service; to provide Merit System coverage of legisla tive employees; to provide for employee appeals procedures for adverse actions; to provide for payroll certification procedures; to provide for action by the State Auditor on payroll exceptions; to provide for opera tional audits of the State Merit System; to provide for the submission of statistical data to the State Merit System by departments; to provide for an Advisory Council for Personnel Administration; to provide for continued rights of State Merit System personnel; to provide an effective date; to provide for severability; to repeal a specific law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Declaration of Purpose, (a) It is the purpose of this Act to establish in the State a system of personnel administration based on merit principles and scientific methods governing the classification of positions and the employment, conduct, movement and separation of public officers and employees. It is also the purpose of this Act to build career service in government which will attract, select and retain the best of our citizens on merit, free from coercive political influences, with in centives in the form of equal opportunities for promotions in the service, which will eliminate unnecessary and inefficient employees and which will provide technically competent and loyal personnel to render impartial service to the public at all times, and to render such service according to the dictates of ethics and morality.
(b) In order to achieve these purposes, it is the declared policy of the State that the Merit System hereby established be applied and ad ministered in accordance with the following principles:
(1) Equal opportunity for all regardless of race, color, sex, age, national origin, physical handicap, political or religious opinions or af filiations. No person shall be discriminated against in any case because of any physical handicap in examination, appointment, reinstatement, re-

MONDAY, MARCH 3, 1975

1371

employment, promotion, transfer, demotion or removal with respect to any position the duties of which, in the opinion of the Commissioner, may be efficiently performed by a person with such a physical handicap; pro vided that the employment will not be hazardous to the appointee or endanger the health or safety of his fellow employees or others.

(2) Impartial selection of the best qualified person for government service by means of competitive tests which are fair, objective and prac tical.

(3) Equal opportunity for competent employees to be promoted with in the service.

(4) Reasonable job security for the competent employee, including the right of appeal from adverse personnel actions.

(5) Systematic classification of all positions through adequate job evaluation.

(6) Proper balance in employer-employee relations to achieve a welltrained, productive and happy working force.

Section 2. Definitions, (a) The following terms shall have the mean ings respectively ascribed to them when used in this Act for the purposes of this Act, unless the context clearly requires a different meaning:

(1) "Classified service" means all employees of State departments as defined herein, and of local Departments of Health, and County De partments of Family and Children Services, Director of the Georgia Forestry Commission, and local employees of the Department of Defense as defined by law, except those officers and employees excluded by this Act.

(2) "Unclassified service" means the following officers and em ployees excluded from the classified service by this Act:

(i) members of the General Assembly;

(ii) persons elected or appointed by the General Assembly, employees of the General Assembly, officials and employees of the Department of Audits and the Legislative Counsel, except as otherwise provided herein;

(iii) officers, officials and employees comprising the Executive Of fice of the Governor, except those officers, officials and employees al ready covered by the State Merit System by law or executive order;

(iv) officers, officials and employees comprising the Office of the Lieutenant Governor, except as otherwise provided herein;

(v) officers and officials elected by popular vote and persons ap pointed to fill vacancies in elective offices;

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(vi) members of boards and commissions appointed by the Governor or the General Assembly;

(vii) the heads of departments or agencies appointed by boards or commissions appointed by the Governor or the General Assembly, except where specifically included;
(viii) justices, judges, officials, officers and employees of the judicial branch;
(ix) members, the Chancellor and Vice Chancellors of the Board of Regents and all officers, officials and employees of the State University System, except those officers, officials and employees already eligible to be covered by the State Merit System by law or executive order;
(x) the officers, officials and employees of the State Department of Transportation, except those officers, officials and employees already eligible to be covered by the State Merit System by law or executive order;
(xi) the officers, officials and employees of the Department of Law, except those officers, officals and employees already covered by the State Merit System by law or executive order;
(xii) when a deputy or a confidential secretary is required by the head of a department, a deputy and a confidential secretary, provided that the Commissioner shall prescribe the conditions under which more than one deputy may be excluded;
(xiii) the head of each department, bureau, commission or agency, including those assigned for administrative purposes only, may designate not more than five positions for inclusion in the unclassified service, provided said agency does not presently contain five unclassified fulltime permanent managerial positions and provided further that the rights of classified employees shall not be abridged;
(xiv) members of the military forces of the State while engaged in military service;
(xv) members of Unemployment Compensation Boards of Review and appeals tribunals representing employer, employee and the general public interest;

(xvi) State and local officials serving ex officio or emeritus and performing incidental duties;

(xvii) members of other advisory councils, committees or similar bodies within the State Merit System;

(xviii) part-time or temporary employees rendering medical, nursing or other professional, scientific or technical services who are engaged

MONDAY, MARCH 3, 1975

1373

in the performance of administrative duties under the Merit System; provided such employees meet the minimum requirements of education and experience established by the appointing authority and such em ployment is approved by the Commissioner;

(xix) prisoners, inmate, student or patient help working in or about institutions;
(xx) per diem employees engaged in skilled or unskilled work on a seasonal or intermittent basis, provided that the Commissioner has authorized such employment;
(xxi) commission and contract salesmen and hourly or per diem skilled and unskilled laborers working at the Factory for the Blind;

(xxii) positions specifically excluded by law or those of a purely policy-making or confidential nature as recommended by the department head and approved by the Governor after consultation with the Com missioner;
(xxiii) time-limited positions established for the purpose of con ducting a specific study, investigation or project, subject to the approval of the Commissioner;
(xxiv) additional positions of unique functions as may be authorized by the Commissioner.
(3) "Department" and "agency" shall be synonymous and mean all separate and distinct divisions and subdivisions of State government whose heads are legally authorized to appoint employees to positions but shall not include authorities and public corporations. "Department" and "agency" shall include an agency assigned to a department for administrative purposes and shall also include local Departments of Public Health, County Departments of Family and Children Services and local employees of the Department of Defense.

(4) "Rules and regulations" and "Merit System rules and regula tions" mean the governing provisions of the State Merit System, as adopted by the State Personnel Board and approved by the Governor, which give force and effect to the policies of the State Personnel Board.

(5) "State Personnel Board policies" means those policies adopted by the Board and approved by the Governor which describe the goals and objectives of the State personnel program and serve as a basis for the formulation and administration of the Merit System rules and regula tions.

(6) "Position" means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.

(7) "Positions of purely policy-making nature" mean those positions charged with the primary responsibility and authority for the promulga tion, implementation and enforcement of departmental policies.

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(8) "State Personnel Board" and "Board" are synonymous and mean the body authorized by Article XIV, Section I, Paragraph I of the Constitution of the State of Georgia.
(9) "Appointing authority" means the person or groups of persons authorized by law or delegated authority to make appointments to fill positions.
(10) "Covered position" means a position subject to the rules and regulations of the State Merit System.
(11) "Covered employee" means an employee subject to the rules and regulations of the State Merit System.

(12) "Confidential position" means a position which by its nature is entrusted with private or restricted information of a type which would preclude its inclusion in the classified service.

(13) "Department covered by the State Merit System" means that a department has one or more covered positions or employees under the State Merit System of Personnel Administration.

(14) "State Commissioner of Personnel Administration" and "Com missioner" mean the chief executive officer of the State Merit System who is responsible for administering the State personnel program in accordance with applicable State and federal laws and the policies of the State Personnel Board.

(b) The rules of statutory construction contained in Code Chapter 102-1, relating to general provisions concerning the construction of statutes, as now or hereafter amended, shall apply to the provisions of this Act.
Section 3. Employees in the Legislative Branch of Government. Any other provisions of this Act to the contrary notwithstanding, an employee of the legislative branch of government may become a covered employee in the manner as provided for hereinafter. As relates to em ployees in the Office of the Lieutenant Governor and employees of the Senate, its officers and its committees, the Lieutenant Governor shall act. As relates to employees in the Office of the Speaker of the House of Representatives and employees of the House, its officers and its committees, the Speaker of the House shall act. As relates to employees in the Office of the Secretary of the Senate, the Secretary of the Senate shall act. As relates to employees in the Office of the Clerk of the House of Representatives, the Clerk of the House shall act. As relates to employees in the Office of Legislative Counsel, the Legislative Counsel shall act. As relates to employees in the Office of the Legislative Budget Analyst, the Legislative Budget Analyst shall act. As relates to employees in the Office of Fiscal Officer, the Fiscal Officer shall act. The above officers or officials shall notify the State Merit System, in writing, the positions, employees or employee which are to become a covered position or covered employee under the provisions of this Act

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and the effective date thereof. On said date, the provisions of this Act as they relate to such covered employees shall apply.

Section 4. Functions, Powers and Duties of the Board; Compensa tion of Members, (a) The State Personnel Board shall prescribe the general policies by which the State Merit System shall be administered. The Board shall hold regular meetings at least once each month and may hold additional meetings as may be required for the proper dis charge of its duties. Members of the Board shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation cost as authorized by an Act which provides for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701).
(b) It shall be the specific duty and function of the State Personnel Board:
(1) To represent the public interest in the improvement of personnel administration in the State departments covered by the State Merit System.

(2) To determine appropriate goals and objectives for the State Merit System and prescribe policies for their accomplishment.

(3) After public hearings, to adopt and amend policies, rules and regulations effectuating the State Merit System of Personnel Administra tion subject to approval by the Governor.
(4) To conduct hearings and render decisions on dismissals and other purported violations of the rules and regulations in the several departments which are included in the career service, with the provision that the State Personnel Board is authorized to appoint a hearing officer(s) for the purpose of holding hearings, compiling evidence and submitting said evidence to the State Personnel Board for its deter mination and for making investigations on behalf of the Board relating to personnel matters. All appeals determinations of the Board shall be written and documented as to findings of fact, basis for decisions and prescribed remedies.
(5) To assure the administration of State and federal laws relating to State personnel administration.

(6) To establish an annual budget covering all the costs of State Personnel Board operations, said budget to be incorporated as a com ponent of the annual budget of the State Merit System.

(7) To promote public understanding of the purposes, policies and practices of the State Merit System of Personnel Administration and to advise and assist the several State departments in fostering merit selection and securing the interest of institutions of learning and of civic, professional and other organizations in the improvement of personnel standards under the State Merit System.

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Section 5. State Commissioner of Personnel Administration, (a) There is hereby created the position of State Commissioner of Personnel Administration. The Commissioner shall be appointed by the Governor after consultation with the State Personnel Board, subject to confirma tion by the Senate. The Governor shall fix the compensation of the Commissioner who shall serve at the pleasure of the Governor.

(b) The duties and responsibilities of the Commissioner shall be:

(1) To serve as Executive Secretary to the Board, to attend meet ings as directed by the Board, and to provide such professional, technical and other supportive assistance as may be required by the Board in the performance of its duties.

(2) Consistent with Board policy, to administer the operations of the State Merit System and to otherwise act in the capacity of chief executive officer of the State personnel administration program.

(3) To submit to the Governor the rules and regulations adopted by the State Personnel Board effectuating the State Merit System. Such Merit System rules and regulations, when approved by the Governor, shall have the force and effect of law and shall be binding upon the State departments covered by this Act and shall include provisions for the establishment and maintenance of classification and compensation plans, the conduct of examinations and the establishment of registers of persons eligible for appointment under the Merit System, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, reinstatement, appeals, reports of per formance, payroll certification, employee training and all other phases of Merit System administration. Such rules and regulations shall define and prohibit improper political activity by any departmental employee of the State Personnel Board or any employee covered under the terms of the State Merit System and shall provide that there shall be no discrimi nation for or against any person or employee because of political affiliation, religious affiliation, race, creed, national origin, sex, age or physical handicap.
(i) The rules and regulations shall conform to the minimum stan dards for merit systems of personnel administration as specified by those federal departments from which federal funds are obtained for use by the several State departments covered by this Act.

(ii) Compensation plans and modifications thereto promulgated under the rules and regulations shall become effective as adopted, upon approval of the Director of the State Office of Planning and Budget.

(4) To administer the rules and regulations and all other operation al aspects of the State Merit System and to assure compliance there with in all the departments covered by the State Merit System.

(5) To appoint and prescribe the duties of the Merit System staff, all positions of which shall be included in the classified service except as otherwise provided in this Act.

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(6) To establish an annual budget covering all the costs of operat ing the State Merit System of Personnel Administration, including the State Personnel Board, and the costs of administering such federal laws relating to personnel administration as the Governor may direct, in cluding the Intergovernmental Personnel Act of 1970, and to determine a equitable basis of prorating said annual costs among the several de partments covered by the State Merit System of Personnel Adminis tration; provided that upon approval of such budget by the Governor, he shall be empowered to direct that the necessary pro rata share of the several assessed departments concerned be made available for ex penditure by the State Merit System in the same manner as appro priated funds are expended by other departments of the State.

(7) To administer such federal laws relating to personnel admin istration as the Governor may direct, including the Intergovernmental Personnel Act of 1970.

(8) To cooperate with appointing authorities in the administration of this Act in order to promote public service and establish conditions of service which will attract and retain employees of character and capacity and to increase efficiency and economy in governmental depart ments by the improvement of methods of personnel administration with full recognition of the requirements and needs of management.

Section 6. Classified and Unclassified Service, (a) The classified service, as defined by Section 1 of this Act, shall consist of all positions now existing in the State departments or hereafter established, except those included in the unclassified service by this Act. Such classified positions shall be covered by the State Merit System. Further, any of ficer or employee who has acquired a valid permanent status under the State Merit System existing on the effective date of this Act shall continue in such status and shall not be required to take further or new examinations in order to retain such status. Further, no position now existing or hereafter established shall be excluded from the classified service by this Act, except as provided for in this Act. When deemed appropriate, additional departments or portions thereof and their included positions may be made a part of the classified service by Executive Order of the Governor or through appropriate legislative Acts.

(b) The unclassified service, as defined by Section 1 of this Act, shall consist of all positions in the departments of State government not included in the classified service under this Act and shall not be subject to the rules and regulations of the State Merit System, with the provision that no position now existing which is covered by the State Merit System shall be excluded from the classified service by this Act, unless otherwise provided in this Act.

(c) Exclusion from the classified service shall not exclude any employee, officer or official from eligibility for membership or member ship in the Employees' Retirement System of Georgia; provided that such employee, officer or official is otherwise eligible for membership under the Act governing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended.

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(d) A classified employee may, with the consent of the head of the Department and the concurrence of the Commissioner, be placed on a leave of absence for purposes of accepting an assignment in the
unclassified service for a period not to exceed four years. An employee on such a leave of absence shall be entitled to reemployment in the classified position from which the leave was granted throughout the period of such authorized leave, subject to rules adopted by the Board.

Section 7. Adverse Actions, Appeals and Hearings, (a) No em ployee of any department who is included under this Act or hereafter included under its authority and who is subject to the rules and regula tions prescribed by the State Merit System may be dismissed from said department or otherwise adversely affected as to compensation or employment status except for good cause as shall be specified in the rules and regulations of the State Merit System; provided, however, that this provision shall not apply to persons separated from any de partment due to curtailment of funds or reduction in staff when such separation is in accordance with said rules and regulations. The decision of the Board on such an appeal as to whether or not the dismissal or other adverse action was for proper cause and in accordance with the rules and regulations prescribed by the State Merit System shall be binding upon the appointing authority of the employing department. The Board may modify the action of the department but may not in crease the severity of such action on the employee. Such appointing au thority shall promptly comply with such order as may be issued as a result of the appeal to the State Personnel Board. The decision of the Board shall not limit the rights of the employee or the department to judicial review as to errors of law.

(b) As provided in Section 3'(d) of this Act, the State Personnel Board is authorized to employ a hearing officer(s) for the purpose of holding hearings and otherwise assisting in the resolution of appeals.

Section 8. Certification of Payrolls; Departmental Statistical Data, (a) A copy of the payroll(s) of each department covered by this Act shall be submitted to the Commissioner in the form and manner pre scribed by the Commissioner within 30 calendar days following each payroll period, except for those payrolls of local Departments of Health and County Departments of Family and Children Services in which case a 60-calendar-day submission deadline will be applicable. The Commissioner shall review the payroll for conformity with State Merit System rules and regulations and certify whether the payroll con forms to the said rules and regulations within 60 calendar days after its receipt. Practices and procedures not in accordance with the rules and regulations shall be forwarded as payroll exceptions to the con cerned department and the State Auditor, who shall treat such excep tions in the same manner as all other audit exceptions.
(b) In order to furnish the Governor, the General Assembly and the general public with statistical information which can be used in planning departmental programs and budgeting, each official required under present law to submit a quarterly budget to the State Office of Planning and Budget shall submit such payroll and other essential per sonnel data as may be prescribed and approved by the Governor to the

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Commissioner, who shall compile and consolidate reports pertaining to the number of personnel, salaries, length of service, type of work, distribution of employees by departments and other pertinent personnel information.
Section 9. Performance Audit of Merit System Operations. The State Auditor shall perform operational audits of the State Merit Sys tem at the direction of the Governor or upon request of the Commis sioner or of the Board. Reports of audit findings shall be filed with the Board, Commissioner, Governor and members of the General Assembly. Audit reports shall specify areas of State Merit System strengths and weaknesses, recommendations for system improvements and such other quantitative data as may be beneficial.

Section 10. Council for State Personnel Administration, (a) There is hereby created an Advisory Council for Personnel Administration. The objectives of the council shall be:

(1) to promote improvements in the personnel program in State government;
(2) to provide a forum for the interchange of information relating to the State personnel program;

(3) to serve as a channel through which the operating agencies may express their opinions on matters affecting State personnel;

(4) to seek equitable interpretation and application of the laws, rules, regulations, policies and procedures which affect State personnel management and administration;

(5) to strive for professional consensus, consistent with the demo cratic process, in all actions which it may undertake.

(b) The council shall be composed of the personnel officers of the several departments and agencies and such other persons as may be provided for by rules adopted by the Board.

Section 11. Rights of State Merit System Personnel Continued. Unless otherwise provided in this Act each Merit System officer or em ployee, including the Merit System Director, in a classified position affected by this Act shall be entitled to all rights which he possessed as a Merit System officer or employee, including the Merit System Di rector, in a classified position before the effective date of this Act, including all rights of rank or grade, rights to vacation, sick pay and leave, payment for accumulated annual leave, rights under any retire ment or personnel plan, and any other rights under any law or adminis trative policy. This Section is not intended to create any new rights for any Merit System officer or employee but to continue only those rights in effect before the effective date of this Act. The Merit System Director shall be continued as acting State Commissioner of Personnel Administration until a Commissioner is appointed pursuant to Section 5 of this Act.

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Section 12. Penalties, (a) Any person who knowingly and willfully violates any provision of this Act or the rules and regulations promul gated hereunder shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

(b) Any person convicted of a misdemeanor under the provisions of this Act shall, in, addition to any punishment prescribed therefor, for a period of five years thereafter, be ineligible for appointment to or employment in a position in the State service.

Section 13. 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 section, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or uncon stitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 14. Specific Repealer. An Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administra tion, approved March 10, 1971 (Ga. Laws 1971, p. 45), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 832), is hereby repealed in its entirety.

Section 15. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval.

Section 16. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

The Senate offered the following substitute to the House substitute to SB 131:
A BILL
To be entitled an Act to completely and exhaustively revise, super sede and consolidate the laws relating to the State Personnel Board and the State Merit System of Personnel Administration; to provide for a declaration of purpose; to define certain terms; to prescribe the func tions, powers and duties of the Board; to provide for the compensation of the members of the Board; to prescribe the duties and responsibilities of the Commissioner; to provide for the appointment of the Commis sioner; to provide for financing the State Merit System; to provide for a classified and unclassified service; to provide Merit System coverage of legislative employees; to provide for employee appeals procedures for adverse actions; to provide for payroll certification procedures; to provide for action by the State Auditor on payroll exceptions; to provide

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for operational audits of the State Merit System; to provide for the submission of statistical data to the State Merit System by departments; to provide for an Advisory Council for Personnel Administration; to provide for continued rights of State Merit System personnel; to provide for penalties; to provide for severability; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other pur poses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Declaration of Purpose, (a) It is the purpose of this Act to establish in the State a system of personnel administration based on merit principles and scientific methods governing the classification of positions and the employment, conduct, movement and separation of public officers and employees. It is also the purpose of this Act to build a career service in government which will attract, select and retain the best of our citizens on merit, free from coercive political influences, with incentives in the form of equal opportunities for promotions in the ser vice, which will eliminate unnecessary and inefficient employees and which will provide technically competent and loyal personnel to render impartial service to the public at all times, and to render such service according to the dictates of ethics and morality.

(b) In order to achieve these purposes, it is the declared policy of the State that the Merit System hereby established be applied and administered in accordance with the following principles:

(1) Equal opportunity for all regardless of race, color, sex, age, national origin, physical handicap, political or religious opinions or affiliations. No person shall be discriminated against in any case be cause of any physical handicap in examination, appointment, reinstate ment, reemployment, promotion, transfer, demotion or removal with respect to any position the duties of which, in the opinion of the Com missioner, may be efficiently performed by a person with such a physical handicap; provided that the employment will not be hazardous to the appointee or endanger the health or safety of his fellow employees or others.

(2) Impartial selection of the best qualified person for govern ment service by means of competitive tests which are fair, objective, practical and predictive of or significantly correlated with important elements of work behavior which comprise or are relevant to the posi tion or positions for which such persons are being evaluated.

(3) Equal opportunity for competent employees to be promoted within the service.

(4) Reasonable job security for the competent employee, includ ing the right of appeal from adverse personnel actions.

(5) Systematic classification of all positions through adequate job evaluation.

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(6) Proper balance in employer-employee relations to achieve a well-trained, productive and happy working force.

Section 2. Definitions, (a) The following terms shall have the meanings respectively ascribed to them when used in this Act for the purposes of this Act, unless the context clearly requires a different meaning:

(1) "Classified service" means all employees of State departments as defined herein, and of local Departments of Health, and County Departments of Family and Children Services, Director of the Georgia Forestry Commission, and local employees of the Department of Defense as defined by law, except those officers and employees excluded by this
Act.

(2) "Unclassified service" means the following officers and em ployees excluded from the classified service by this Act:

(i) members of the General Assembly;

(ii) persons elected or appointed by the General Assembly, employees of the General Assembly, officials and employees of the Department of Audits and the Legislative Counsel, except as other wise provided herein;

(iii) officers, officials and employees comprising the Execu tive Office of the Governor, except those officers, officials and employees already covered by the State Merit System by law or executive order;

(iv) officers, officials and employees comprising the Office of the Lieutenant Governor, except as otherwise provided herein;

(v) officers and officials elected by popular vote and persons appointed to fill vacancies in elective offices;

(vi) members of boards and commissions appointed by the Governor or the General Assembly;

(vii) the heads of departments or agencies appointed by boards or commissions appointed by the Governor or the General Assembly, except where specifically included;

(viii) justices, judges, officials, officers and employees of the judicial branch;

(ix) members, the Chancellor and Vice Chancellors of the Board of Regents and all officers, officials and employees of the State University System, except those officers, officials and em ployees already eligible to be covered by the State Merit System by law or executive order;

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(x) the officers, officials and employees of the State Depart ment of Transportation, except those officers, officials and em ployees already eligible to be covered by the State Merit System by law or executive order;

(xi) the officers, officials and employees of the Department of Law, except those officers, officials and employees already covered by the State Merit System by law or executive order;

(xii) when a deputy or a confidential secretary is required by the head of a department, a deputy and a confidential secretary, provided that the Commissioner shall prescribe the conditions under which more than one deputy may be excluded;

(xiii) the head of each department, bureau, commission or agency, including those assigned for administrative purposes only, may designate not more than five positions for inclusion in the unclassified service, provided said agency does not presently con tain five unclassified full-time permanent managerial positions and provided further that the rights of classified employees shall not be abridged;
(xiv) members of the military forces of the State while engaged in military service;

(xv) members of Unemployment Compensation Boards of Re view and appeals tribunals representing employer, employee and the general public interest;

(xvi) State and local officials serving ex officio or emeritus and performing incidental duties;

(xvii) members of other advisory councils, committees or similar bodies within the State Merit System;

(xviii) part-time or temporary employees rendering medical, nursing or other professional, scientific or technical services who are not engaged in the performance of administrative duties under the Merit System; provided such employees meet the minimum requirements of education and experience established by the ap pointing authority and such employment is approved by the Com missioner;
(xix) prisoners, inmate, student or patient help working in or about institutions;

(xx) per diem employees engaged in skilled or unskilled work on a seasonal or intermittent basis, provided that the Commissioner has authorized such employment;

(xxi) commission and contract salesmen and hourly or per diem skilled and unskilled laborers working at the Factory for the Blind;

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(xxii) positions specifically excluded by law or those of a purely policy-making or confidential nature as recommended by the department head and approved by the Governor after consulta tion with the Commissioner;

(xxiii) time-limited positions established for the purpose of conducting a specific study, investigation or project, subject to the approval of the Commissioner;

(xxiv) additional positions of unique functions as may be authorized by the Commissioner.

(3) "Department" and "agency" shall be synonymous and mean all separate and distinct divisions and subdivisions of State government whose heads are legally authorized to appoint employees to positions but shall not include authorities and public corporations. "Department" and "agency" shall include an agency assigned to a department for administrative purposes and shall also include local Departments of Public Health, County Departments of Family and Children Services and local employees of the Department of Defense.

(4) "Rules and regulations" and "Merit System rules and regula tions" mean the governing provisions of the State Merit System, as adopted by the State Personnel Board and approved by the Governor, which give force and effect to the policies of the State Personnel Board.

(5) "State Personnel Board policies" means those policies adopted by the Board and approved by the Governor which describe the goals and objectives of the State personnel program and serve as a basis for the formulation and administration of the Merit System rules and regula tions.

(6) "Position" means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.

(7) "Positions of purely policy-making nature" mean those posi tions charged with the primary responsibility and authority for the promulgation, implementation and enforcement of departmental policies.

(8) "State Personnel Board" and "Board" are synonymous and mean the body authorized by Article XIV, Section I, Paragraph I of the Constitution of the State of Georgia.

(9) "Appointing authority" means the person or groups of persons authorized by law or delegated authority to make appointments to fill positions.

(10) "Covered position" means a position subject to the rules and regulations of the State Merit System.

(11) "Covered employee" means an employee subject to the rules and regulations of the State Merit System.

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(12) "Confidential position" means a position which by its nature is entrusted with private or restricted information of a type which would preclude its inclusion in the classified service.

(13) "Department covered by the State Merit System" means that a department has one or more covered positions or employees under the State Merit System of Personnel Administration.

(14) "State Commissioner of Personnel Administration" and "Commissioner" mean the chief executive officer of the State Merit System who is responsible for administering the State personnel pro gram in accordance with applicable State and federal laws and the policies of the State Personnel Board.

(b) The rules of statutory construction contained in Code Chapter 102-1, relating to general provisions concerning the construction of statutes, as now or hereafter amended, shall apply to the provisions of this Act.
Section 3. Employees in the Legislative Branch of Government. Any other provisions of this Act to the contrary notwithstanding, an employee of the legislative branch of government may become a covered employee in the manner as provided for hereinafter. As relates to employees in the Office of the Lieutenant Governor and employees of the Senate, its officers and its committees, the Lieutenant Governor shall act. As relates to employees in the Office of the Speaker of the House of Representatives and employees of the House, its officers and its committees, the Speaker of the House shall act. As relates to em ployees in the Office of the Secretary of the Senate, the Secretary of the Senate shall act. As relates to employees in the Office of the Clerk of the House of Representatives, the Clerk of the House shall act. As relates to employees in the Office of Legislative Counsel, the Legislative Counsel shall act. As relates to employees in the Office of the Legislative Budget Analyst, the Legislative Budget Analyst shall act. As relates to em ployees in the Office of Fiscal Officer, the Fiscal Officer shall act. The above officers or officials shall notify the State Merit System, in writing, the positions, employees or employee which are to become a covered position or covered employee under the provisions of this Act and the effective date thereof. On said date, the provisions of this Act as they relate to such covered employees shall apply.
Section 4. Functions, Powers and Duties of the Board; Compensa tion of Members, (a) The State Personnel Board shall prescribe the general policies by which the State Merit System shall be administered. The Board shall hold regular meetings at least once each month and may hold additional meetings as may be required for the proper dis charge of its duties. Members of the Board shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation cost as authorized by an Act which provides for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701).
(b) It shall be the specific duty and function of the State Person nel Board:

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(1) To represent the public interest in the improvement of person nel administration in the State departments covered by the State Merit System.

(2) To determine appropriate goals and objectives for the State Merit System and prescribe policies for their accomplishment.

(3) After public hearings, to adopt and amend policies, rules and regulations effectuating the State Merit System of Personnel Adminis tration subject to approval by the Governor. The rules and regulations of the State Personnel Board in effect on the effective date of this Act shall remain in effect until amended, changed, modified or repealed by the Board.

(4) To conduct hearings and render decisions on dismissals and other purported violations of the rules and regulations in the several departments which are included in the career service, with the provision that the State Personnel Board is authorized to appoint a hearing of ficer (s) for the purpose of holding hearings, compiling evidence and submitting said evidence to the State Personnel Board for its determina tion and for making investigations on behalf of the Board relating to personnel matters. All appeals determinations of the Board shall be written and documented as to findings of fact, basis for decisions and prescribed remedies.

(5) To assure the administration of State and federal laws relating to State personnel administration.

(6) To establish an annual budget covering all the costs of State Personnel Board operations, said budget to be incorporated as a com ponent of the annual budget of the State Merit System.

(7) To promote public understanding of the purposes, policies and practices of the State Merit System of Personnel Administration and to advise and assist the several State departments in fostering merit selec tion and securing the interest of institutions of learning and of civic, professional and other organizations in the improvement of personnel standards under the State Merit System.

Section 5. State Commissioner of Personnel Administration, (a) There is hereby created the position of State Commissioner of Person nel Administration. The Commissioner shall be appointed by the Gov ernor after consultation with the State Personnel Board, subject to confirmation by the Senate. The Governor shall fix the compensation of the Commissioner who shall serve at the pleasure of the Governor.

(b) The duties and responsibilities of the Commissioner shall be:

(1) To serve as Executive Secretary to the Board, to attend meet ings as directed by the Board, and to provide such professional, techn ical and other supportive assistance as may be required by the Board in the performance of its duties.

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(2) Consistent with Board policy, to administer the operations of the State Merit System and to otherwise act in the capacity of chief executive officer of the State personnel administration program.

(3) To submit to the Governor the rules and regulations adopted by the State Personnel Board effectuating the State Merit System. Such Merit System rules and regulations, when approved by the Gov ernor, shall have the force and effect of law and shall be binding upon the State departments covered by this Act and shall include provisions for the establishment and maintenance of classification and compensa tion plans, the conduct of examinations and the establishment of regis ters of persons eligible for appointment under the Merit System, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, reinstatement, appeals, reports of per formance, payroll certification, employee training and all other phases of Merit System administration. Such rules and regulations shall define and prohibit improper political activity by any departmental em ployee of the State Personnel Board or any employee covered under the terms of the State Merit System and shall provide that there shall be no discrimination for or against any person or employee in any manner, to include but not be limited to, hiring, discharge, compensation, bene fits, terms or conditions of employment, promotion, job classification, transfer, privileges or demotion, because of political affiliation, religious affiliation, race, creed, national origin, sex, age or physical handicap.

(i) The rules and regulations shall conform to the minimum standards for merit systems of personnel administration as specified by those federal departments from which federal funds are obtained for use by the several State departments covered by this Act.

(ii) Compensation plans and modifications thereto promulgated under the rules and regulations shall become effective as adopted, upon approval of the Director of the State Office of Planning and Budget.
(4) To administer the rules and regulations and all other opera tional aspects of the State Merit System and to assure compliance therewith in all the departments covered by the State Merit System.

(5) To appoint and prescribe the duties of the Merit System staff, all positions of which shall be included in the classified service except as otherwise provided in this Act.

(6) To establish an annual budget covering all the costs of op erating the State Merit System of Personnel Administration, including the State Personnel Board, and the costs of administering such federal laws relating to personnel administration as the Governor may direct, including the Intergovernmental Personnel Act of 1970, and to determine an equitable basis of prorating said annual costs among the several de partments covered by the State Merit System of Personnel Adminis tration; provided that upon approval of such budget by the Governor, he shall be empowered to direct that the necessary pro rata share of the several assessed departments concerned be made available for ex-

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penditure by the State Merit System in the same manner as appro priated funds are expended by other departments of the State.

(7) To insure compliance with all applicable State and federal statutes and regulations concerning discrimination in employment, per sonnel administration and related matters.

(8) To cooperate with appointing authorities in the administra tion of this Act in order to promote public service and establish condi tions of service which will attract and retain employees of character and capacity and to increase efficiency and economy in governmental departments by the improvement of methods of personnel administration with full recognition of the requirements and needs of management.

Section 6. Classified and Unclassified Service, (a) The classified service, as defined by Section 2 of this Act, shall consist of all positions now existing in the State departments or hereafter established, except those included in the unclassified service by law. Such classified posi tions shall be covered by the State Merit System. Further, any officer or employee who has acquired a valid permanent status under the State Merit System existing on the effective date of this Act shall continue in such status and shall not be required to take further or new examina tions in order to retain such status. Further, no position now existing of hereafter established shall be excluded from the classified service by this Act, except as provided for in this Act. When a department head certifies to the Governor that any position in his department which is in the unclassified service is no longer a position of responsibility consisting primarily of confidential, policy-making or high level ex ecutive functions, the Governor may, by executive order and after con sultation with the Commissioner, place the position in the classified service.
(b) The unclassified service, as defined by Section 2 of this Act, shall consist of all positions in the departments of State government not included in the classified service under this Act and shall not be subject to the rules and regulations of the State Merit System, with the provision that no position now existing which is covered by the State Merit System shall be excluded from the classified service by this Act, unless otherwise provided in this Act.
(c) Exclusion from the classified service shall not exclude any employee, officer or official from eligibility for membership or member ship in the Employees' Retirement System of Georgia; provided that such employee, officer or official is otherwise eligible for membership under the Act governing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended.

(d) A classified employee may, with the consent of the head of the Department and the concurrence of the Commissioner, be placed on a leave of absence for purposes of accepting an assignment in the unclassified service for a period not to exceed five years. An employee on such a leave of absence shall be entitled to reemployment in the classified position from which the leave was granted throughout the period of such authorized leave, subject to rules adopted by the Board.

MONDAY, MARCH 3, 1975

1389

Section 7. Adverse Actions, Appeals and Hearings, (a) No em ployee of any department who is included under this Act or hereafter included under its authority and who is subject to the rules and regula tions prescribed by the State Merit System may be dismissed from said

department or otherwise adversely affected as to compensation or em ployment status except for good cause as shall be specified in the rules and regulations of the State Merit System; provided, however, that this provision shall not apply to persons separated from any department due to curtailment of funds or reduction in staff when such separation is in accordance with said rules and regulations. The decision of the Board on such an appeal as to whether or not the dismissal or other ad verse action was for proper cause and in accordance with the rules and regulations prescribed by the State Merit System shall be binding upon the appointing authority of the employing department. The Board may modify the action of the department but may not increase the severity of such action on the employee. Such appointing authority shall promptly comply with such order as may be issued as a result of the appeal to the State Personnel Board. The decision of the Board shall not limit the rights of the employee or the department to judicial review as to errors of law.

(b) As provided in Section 4(b) of this Act, the State Personnel Board is authorized to employ a hearing officer(s) for the purpose of holding hearings and otherwise assisting in the resolution of appeals.

Section 8. Certification of Payrolls; Departmental Statistical Data, (a) A copy of the payroll (s) of each department covered by this Act shall be submitted to the Commissioner in the form and man ner prescribed by the Commissioner within 30 calendar days following each payroll period, except for those payrolls of local Departments of Health and County Departments of Family and Children Services in which case a 60-calendar-day submission deadline will be applicable. The Commissioner shall review the payroll for conformity with State Merit System rules and regulations and certify whether the payroll conforms to the said rules and regulations within 60 calendar days after its receipt. Practices and procedures not in accordance with the rules and regulations shall be forwarded as payroll exceptions to the con cerned department and the State Auditor, who shall treat such excep tions in the same manner as all other audit exceptions.

(b) In order to furnish the Governor, the General Assembly and the general public with statistical information which can be used in planning departmental programs and budgeting, each official required under present law to submit a quarterly budget to the State Office of Planning and Budget shall submit such payroll and other essential per sonnel data as may be prescribed and approved by the Governor to the Commissioner, who shall compile and consolidate reports pertaining to the number of personnel, salaries, length of service, type of work, distri bution of employees by departments and other pertinent personnel in formation.
Section 9. Performance Audit of Merit System Operations. The State Auditor shall perform periodic operational audits of State Merit

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System operations. Such audits shall be performed at the request of the Governor, Commissioner or General Assembly; provided, however, that at least one such audit shall be conducted every four years. Reports of audit findings shall be filed with the Board, Commissioner, Governor and members of the General Assembly. In conducting these audits, the State Auditor shall seek the advice of the officers of the Council for State Personnel Administration and of the personnel officers of the State departments regulated and served by the Merit System. Audit reports shall specify areas of State Merit System strengths and weak nesses, recommendations for system improvements and such other
quantitative data as may be beneficial.

Section 10. Council for State Personnel Administration, (a) There is hereby created an Advisory Council for Personnel Administration. The objectives of the council shall be:

(1) to promote improvements in the personnel program in State government;
(2) to provide a forum for the interchange of information relating to the State personnel program;

(3) to serve as a channel through which the operating agencies may express their opinions on matters affecting State personnel;

(4) to seek equitable interpretation and application of the laws, rules, regulations, policies and procedures which affect State personnel management and administration;

(5) to strive for professional consensus, consistent with the demo cratic process, in all actions which it may undertake.

(b) The council shall be composed of the personnel officers of the several departments and agencies and such other persons as may be provided for by rules adopted by the Board.

Section 11. Rights of State Merit System Personnel Continued. Unless otherwise provided in this Act each Merit System officer or em ployee in a classified position affected by this Act shall be entitled to all rights which he possessed as a Merit System officer or employee in a classified position before the effective date of this Act, including all rights of rank or grade, rights to vacation, sick pay and leave, pay ment for accumulated annual leave, rights under any retirement or personnel plan, and any other rights under any law or administrative policy. This Section is not intended to create any new rights for any Merit System officer or employee but to continue only those rights in effect before the effective date of this Act. The Merit System Direc tor shall be continued as acting State Commissioner of Personnel Ad ministration until a Commissioner is appointed pursuant to Section 5 of this Act.
Section 12. Penalties, (a) Any person who knowingly and willfully violates any provision of this Act or the rules and regulations promul-

MONDAY, MARCH 3, 1975

1391

gated hereunder shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

(b) Any person convicted of a misdemeanor under the provisions of this Act shall, in addition to any punishment prescribed therefor, for a period of five years thereafter, be ineligible for appointment to or employment in a position in the State service.

Section 13. Severability. In the event any section, subsection, sen tence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconsti tutional were not originally a part hereof. The General Assembly here by 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 14. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval.

Section 15. Specific Repealer. An Act completely and exhaustive ly revising, superseding and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Ad ministration, approved March 10, 1971 (Ga. Laws 1971, p. 45), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 832), is hereby repealed in its entirety.

Section 16. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SB 131 by Senate substitute.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the House substitute to SB 131 was agreed to by Senate substitute.

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

HB 697. By Representatives Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and others:
Senate Sponsor: Senator Kennedy of the 4th.
A bill to amend an Act authorizing the Director of the Department of Corrections to allow inmates of State penal institutions to take special leave for the purpose of participation in special community or other

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JOURNAL OP THE SENATE,

meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public.

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:

Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter
Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hill Holley Holloway Hudson Kennedy Kidd Langford
Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Ballard Bond Dean of 6th

Duncan Hamilton of 34th Howard

Hudgins Tysinger

On the passage of the bill, the yeas were 48, nays 0.

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

HB 295. By Representatives Howard of the 19th, Karrh of the 106th, Sizemore of the 13'6th and others:
Senate Sponsor: Senator Howard of the 42nd.
A bill to provide that before an indictment against a peace officer charging such officer with a crime which is alleged to have occured 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.

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

MONDAY, MARCH 3, 1975

1393

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Dun can Eldridge Pincher

Foster Garrard Gillis Hamilton of 26th Hill Holley Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby

Pearce Reynolds Riley Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Hamilton of 34th Howard

McGill Robinson

Tysinger

On the passage of the bill, the yeas were 51, nays 0.

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

SB 69. By Senator Hudgins of the 15th:
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. L. 1955, p. 483), as amended, so as to provide that it shall be unlawful to own or use a trapping device commonly known and referred to as a "steel trap" for the purpose of capturing wild animals; to provide for a penalty.

Senator Hudgins of the 15th moved that SB 69 be committed to the Com mittee on Natural Resources and Environmental Quality.

On the motion, the yeas were 38, nays 2; the motion prevailed, and SB 69 was committed to the Committee on Natural Resources and Environmental Quality.

SB 169. By Senators Garrard of the 37th and Hudson of the 35th:
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,

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JOURNAL OF THE SENATE,

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.

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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Traylor Turner Tysinger Warren Young

Those voting in the negative are Senators Bond and Tate.

Those not voting were Senators:

Duncan

Holley

Timmons

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

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

Senator Garrard of the 37th moved that SB 169 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 1; the motion prevailed, and SB 169 was immediately transmitted to the House.

MONDAY, MARCH 3, 1975

1395

SB 242. By Senators Dean of the 31st and Duncan of the 30th:
A bill to amend an Act known as the "Georgia Retailers' and Consum ers' Sales and Use Tax Act", approved Feb. 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to exempt sales of tangible personal property and services to orphans' homes operated as nonprofit corporations from the taxes imposed by said Act; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher
Foster

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds
Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Traylor Turner Tysinger Warren
Young

Those not voting were Senators:

Broun of 46th Garrard

Holley Sutton

Timmons

On the passage of the bill, the yeas were 51, nays 0.

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

SB 212. By Senator Stephens of the 36th:
A bill to amend Code Section 92-5001, relating to interest on taxes due the state and counties, as amended, so as to change the rate of interest; to authorize the county authorities levying a tax to annually set a rate of interest; to change the date for the bearing of interest.

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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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kennedy Kidd Langford
Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson
Turner Tysinger Warren Young

Voting in the negative was Senator Traylor.

Those not voting were Senators:

Broun of 46th Holley

Holloway

Timmons

On the passage of the bill, the yeas were 51, nays 1.

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

SB 220. By Senator Stephens of the 36th:
A bill to provide that in certain counties zoning and building inspectors shall have authority to issue citations for persons who shall violate zoning ordinances or building codes; to provide that said citations shall be returnable to a regular session of a court having countywide com mitment jurisdiction; to provide for the powers and authorities of said court; to provide for the issuance of a warrant in the event said citation is not obeyed.

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

MONDAY, MARCH 3, 1975

1397

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:

Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators:

Ballard Broun of 46th

Holley Starr

Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young
Timmons

On the passage of the bill, the yeas were 51, nays 0.

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

Senator Banks of the 17th moved that the following bill of the House be committed to the Committee on Judiciary:

HB 36. By Representative Alexander of the 38th:
A bill to amend an Act providing for confirmation of sales under fore closure proceedings on real estate so as to provide that no sale of real estate under powers contained in deeds to secure debt shall be valid unless notice of intent to sell such property has been mailed by the grantee, assignee or transferee of the deed to secure debt to the ap parent owner by certified mail.

On the motion, the yeas were 31, nays 0; the motion preaviled, and HB 36 was committed to the 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:

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SB 277. By Senator Hudgins of the 15th:
A bill to amend an Act known as the "Georgia Industrial Loan Act", approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, so as to change the provisions relating to penalties; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Young

Those voting in the negative were Senators:

Ballard Howard

Tysinger

Warren

Those not voting were Senators:

Duncan Hamilton of 34th

Hill Holley

Starr Timmons

On the passage of the bill, the yeas were 46, nays 4.

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

Senator Hudgins of the 15th moved that SB 277 be immediately transmitted to the House.

MONDAY, MARCH 3, 1975

1399

On the motion, the yeas were 30, nays 0; the motion prevailed and SB 277 was immediately transmitted to the House.

SB 282. By Senators Gillis of the 20th, McGill of the 24th, Lewis of the 21st and others:
A bill 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.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Poster

Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Those not voting were Senators:

Duncan Garrard

Hill Holley

Reynolds Riley Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Stephens

On the passage of the bill, the yeas were 51, nays 0.

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

SB 294. By Senators Fincher of the 54th and Garrard of the 37th:
A bill to amend Code Chapter 88-17, relating to vital records, as amended, so as to provide for the payment of certain fees to all local

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JOURNAL OF THE SENATE,

registrars and custodians of vital records; to provide that the depart ment shall complete and register delayed birth certificates; to provide that burial permits shall be issued within 72 hours after death.

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 Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Hill

Holley

Hudson

On the passage of the bill, the yeas were 52, nays 0.

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

Senate Fincher of the 54th moved the SB 294 be immediately transmitted to the House.

On the motion the yeas were 36, nays 0; the motion prevailed, and SB 294 was immediately transmitted to the House.

MONDAY, MARCH 3, 1975

1401

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 494. By Representatives Miles of the 86th and Connell of the 87th:
A bill to amend an Act designating certain public and legal holidays so as to provide that whenever the observance of a public and legal holiday shall fall upon a Saturday, the Friday immediately preceding such Saturday shall be observed as a public and legal holiday.

HB 875. By Representative Culpepper of the 98th:
A bill to amend an Act known as the "Development Authorities Law" so as to include in the definition of the word "Project" the acquisition, construction, improvement or modification of any property, real or personal, used as a peak shave facility.

HB 833. By Representative Carnes of the 43rd:
A bill to amend the "Georgia Industrial Loan Act", approved March 4, 1955, so as to authorize the commissioner to place any licensee on proba tion; to authorize the commissioner to subject licensees to monetary penalties for certain violations.

HB 270. By Representative Carnes of the 43rd:
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 following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 311. By Senator Traylor of the 3rd:
A bill to amend an Act completely and exhaustively revising the laws relating to game and fish, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to change the laws relative to commercial fishing licenses; 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 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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Fincher

Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDuffie McGill

Overby Pearce Reynolds Riley Robinson Russell Starr Stephens Stumbaugh Summers Tate Thompson Traylor Tysinger Warren

Those voting in the negative were Senators:

Eldridge McDowell

Sutton Timmons

Young

Those not voting were Senators:

Bond Hill

Holley Hudson

Shapard Turner

On the passage of the bill, the yeas were 45, nays 5.

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

Senator Traylor of the 3rd moved that SB 311 be immediately transmitted to the House.
On the motion, the yeas were 36, nays 1; the motion prevailed, and SB 311 was immediately transmitted to the House.

SB 314. By Senator Kidd of the 25th:
A bill to amend Code Section 49-601, relating to for whom guardians may be appointed, as amended, so as to provide for the appointment of guardians for persons who are senile, alcoholic, drug addicted or physically disabled; to provide for the procedures connected therewith.

The Committee on Human Resources offered the following amendment: Amend SB 314 by striking on Page 1, line 4, the following: "or physically disabled",
and

MONDAY, MARCH 3, 1975

1403

By striking on Page 1, line 17, the following: "physically disabled",
and

By striking on Page 1, line 20, the following: "alleged",
and

By inserting in lieu thereof the following: "adjudicated",
and

By striking on Page 1, line 21, the following: "or physically disabled".

On the adoption of the amendment, the yeas were 35, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Brantley Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie

Those voting in the negative were Senators:

Ballard Bond Broun of 46th Brown of 47th Doss

Foster Howard Langford Overby Reynolds

McGill Pearce Riley Russell Shapard Starr Stumbaugh Sutton Timmons Traylor Turner Young
Robinson Summers Tate Thompson Tysinger

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Those not voting were Senators:

Duncan Holley

Stephens

Warren

On the passage of the bill, the yeas were 37, nays 15.

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

Senator Howard of the 42nd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 314.

SB 316. By Senators Stumbaugh of the 55th, Gillis of the 20th, Howard of the 42nd and others:
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 any felony, approved April 8, 1968 (Ga. Laws 1968, p. 982), as amended, so as to change the punishment for second or subsequent convictions of violations of this Act.

Senator Stumbaugh of the 55th offered the following amendment:
Amend SB 316 by striking the words "fifteen years" on Page 1, line 17, and Page 2, line 6, and inserting in lieu thereof the words "twenty years".
On the adoption of the amendment, the yeas were 35, nays 1, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell

Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill

Holloway Howard Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Robinson Russell Shapard Starr

MONDAY, MARCH 3, 1975

1405

Stephens Stumbaugh Summers Button Tate Thompson

Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators :

Bond Dean of 6th

Hudgins

Pearce

Those not voting were Senators:

Duncan

Holley

Langford

On the passage of the bill, the yeas were 49, nays 4.

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

Senator Stumbaugh of the 55th moved that SB 316 be immediately trans mitted to the House.

On the motion, the yeas were 34, nays 1; the motion prevailed, and SB 316 was immediately transmitted to the House,

The President announced the Senate would stand in recess from 12:50 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.

Senator Riley of the 1st moved that the following bill of the Senate be post poned until 4:00 o'clock P. M.

SB 324. By Senators Riley of the 1st, Brown of the 47th, Reynolds of the 48th and Banks of the 17th:
A bill to make the operation of the Public Service Commission and the administration of its duties and responsibilities more efficient, effective and complete; to provide for the purpose thereof.

On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 324 was postponed until 4:00 o'clock P.M.

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JOURNAL OF 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 331. By Senators Traylor of the 3rd, Gillis of the 20th and Howard of the 42nd:
A bill to repeal an Act regulating the taking and possessing of salt water crawfish, approved March 21, 1970 (Ga. Laws 1970, p. 591) ; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Eldridge Hamilton of 26th Hamilton of 34th Hill Holloway Hudgins Hudson Kennedy Langford Lester Lewis McDuffie Overby Pearce

Reynolds Riley Shapard Starr Stumbaugh Summers Sutton Tate Thompson Traylor Tysinger Warren Young

Those not voting were Senators:

Duncan Fincher Foster Garrard Gillis

Holley Howard Kidd McGill Robinson

Russell Stephens Timmons Turner

Voting in the negative was Senator McDowell.

On the passage of the bill, the yeas were 41, nays 1.

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

MONDAY, MARCH 3, 1975

1407

Senator Traylor of the 3rd moved that SB 331 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 331 was immediately transmitted to the House.

The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption:

SR 58. By Senators Lester of the 23rd, Riley of the 1st, Bell of the 5th and Reynolds of the 48th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the option of the taxpayer, in the same manner and on the same basis as other tangible personal property or upon the basis of the average annual inventory maintained by the taxpayer during the immediately preceding calendar year; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph III of the Constitu tion is hereby amended by adding at the end thereof the following:
"The General Assembly shall be authorized to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the option of the taxpayer, in the same manner and on the same basis as other tangible personal property, not in cluding motor vehicles, or upon the basis of the average annual inventory maintained by the taxpayer during the immediately preceding calendar year in such manner as the General Assembly shall provide."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, 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 classify tangible personal property comprising inventory as a

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separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the option of the taxpayer, in the same manner and on the same basis as other ( ) NO tangible property, not including motor vehicles, or upon the basis of the average annual inven tory maintained by the taxpayer during the immediately preceding calendar year in such manner as the General Assembly shall provide?"

All persons desiring to vote in favor of ratifying the proposed 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Those not voting were Senators:

Duncan Foster Hill

Holley Kidd

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young
Russell Timmons

On the adoption of the resolution, the yeas were 49, nays 0.

MONDAY, MARCH 3, 1975

1409

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

Senator Lester of the 23rd moved that SR 58 be immediately transmitted to the House.

On the motion, the yeas were 42, nays 0; the motion prevailed, and SR 58 was immediately transmitted to the House.

Senator Holloway of the 12th assumed the Chair.

SR 109. By Senator Turner of the 8th:
A resolution authorizing the conveyance of certain real property located in Berrien County, Georgia.

The Committee on Public Utilities offered the following amendment: Amend SR 109 by striking on Page 2, line 14, the word: "shall",
And by inserting in lieu thereof the word:

On the adoption of the amendment, the yeas were 39, nays 0, and the com mittee 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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Brown of 47th Dean of 6th Dean of 31st Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson

Kennedy Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds Robinson

1410
Shapard Starr Stephens Stumbaugh Summers

JOURNAL OF THE SENATE,

Sutton Tate Thompson Timmons Traylor

Turner Tysinger Warren Young

Those not voting were Senators:

Bond Broun of 46th Carter Coverdell

Doss Duncan Holley Holloway (presiding)

Kidd Overby Riley Russell

On the adoption of the resolution, the yeas were 44 nays 0.

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

SR 110. By Senator Turner of the 8th:
A resolution to amend a Resolution authorizing the conveyance of certain real property located in Berrien County, Georgia, approved March 19, 1974 (Ga. Laws 1974, p. 332), so as to change the land de scription of such property.

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

On the adoption of the resolution, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brown of 47th Carter Dean of 6th Dean of 31st Fincher Foster Garrard Hamilton of 26th

Hamilton of 34th Hill Howard Hudgins Hudson Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds

Robinson Shapard Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

MONDAY, MARCH 3, 1975

1411

Those not voting were Senators:

Bond Brantley Broun of 46th Coverdell Doss Duncan

Eldridge Gillis Holley Holloway (presiding) Kennedy Kidd

Overby Riley Russell Starr Summers

On the adoption of the resolution, the yeas were 39, nays 0.

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

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

HB 83. By Representatives Egan of the 25th and Sams of the 90th:
Senate Sponsor: Senator Howard of the 42nd.
A bill to provide rules for the recognition and enforcement of moneyjudgments rendered in the courts of foreign states.

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

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Dean of 6th Dean of 31st Fincher Foster Garrard

Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Langford Lester Lewis McDuffie McGill Pearce Reynolds Robinson

Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Broun of 46th Coverdell Doss Duncan Eldridge

Gillis Holley Holloway (presiding) Kennedy Kidd

Overby Riley Russell Starr

Voting in the negative was Senator McDowell.

On the passage of the bill, the yeas were 41, nays 1.

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

HB 147. By Representatives Larsen of the 27th, Patten of the 146th and Russell of the 64th:
Senate Sponsor: Senator Dean of the 31st.
A bill to amend an Act known as the "Georgia Scenic Trails Act" so as to change the definition of the term "Department"; to provide for bikeways.

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

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Dean of 6th Dean of 31st Fincher Foster

Garrard Hamilton of 26th Hamilton of 34th Hill Howard Hudson Lester Lewis McDowell McDuffie McGill Pearce Reynolds

Those not voting were Senators:

Broun of 46th Coverdell Doss

Duncan Eldridge Gillis

Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Holley Holloway (presiding) Hudgins

Kennedy Kidd Langford

MONDAY, MARCH 3, 1975

1413

Overby Riley Robinson

Russell Start

On the passage of the bill, the yeas were 39, nays 0.

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

HB 182. By Representatives Harden of the 154th, Colwell and Twiggs of the 4th and others:
Senate Sponsor: Senator Fincher of the 54th.
A bill to amend an Act creating the Public School Employees' Retire ment System so as to make certain persons members of the retirement system and to allow such persons to establish prior service credits under the retirement system.

The following fiscal note, as required by law, was read by the Secretary:

EMPLOYEES' RETIREMENT SYSTEM

January 28, 1975

MEMORANDUM

TO:

The Honorable Thomas B. Buck, Chairman

House Retirement Committee

FROM:

Abe Domain, Director Employees' Retirement System

SUBJECT: Fiscal Note -- House Bill 182

This bill would amend the Public School Employees Retirement System Act to provide that any person who was age 60 or older on January 1, 1975, and who had at least 14 years of service as a public school employee as of January 1, 1970, and who becomes employed as a public school employee at anytime between the passage of the bill and July 1, 1975, may become a member of the Public School Employees Retirement System and establish prior service credits.

We are aware of some nine employees who would benefit by this legislation at an annual cost of approximately $9,180. Of course, there could be others that would be effected by this bill who we are not aware of.

/s/ Abe Domain Director

1414

JOURNAL OF THE SENATE,

The Committee on Retirement offered the following substitute to HB 182:

A BILL

To be entitled an Act to amend an Act creating the Public School Employees' Retirement System, approved April 30, 1969 (Ga. Laws 1969, p. 998), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 416), an Act approved April 14, 1971 (Ga. Laws 1971, p. 917), an Act approved April 18, 1973 (Ga. Laws 1973, p. 1197), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1242), so as to make certain persons members of the retirement system and to allow such persons to establish prior service credits under the retirement system; to provide for a procedure for establishing such prior service credits; to provide for notification; 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 Public School Employees' Retire ment System, approved April 30, 1969 (Ga. Laws 1969, p. 998), as amended by an Act approved April 5, 1971 (Ga. Laws 1971, p. 416), an Act approved April 14, 1971 (Ga. Laws 1971, p. 917), an Act approved April 18, 1973 (Ga. Laws 1973, p. 1197), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1242), is hereby amended by adding at the end of Section 5 a new subsection, to be designated subsection (g), to read as follows:

"(g) Any provision of this Act to the contrary notwithstand ing, any person who was 60 years of age or older on January 1, 1975, who on January 1, 1970, had at least 14 years of service as a public school employee and who becomes employed as a public school employee at any time during the period beginning with the effective date of this subsection and ending July 1, 1975, shall be come a member and may establish prior service credit under sub section (b) of this Section, notwithstanding the fact that he was not a public school employee at any time between January 1, 1970, and July 1, 1970. Within 30 days after the effective date of this subsection, the Board shall inform all public school systems in the State of the provisions of this subsection."

Section 2. This Act shall become effective whenever the General Assembly appropriates the necessary funds to implement the provisions 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 yeas were 36, nays 0, and the com mittee substitute was adopted.

MONDAY, MARCH 3, 1975

1415

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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell
Bond Brantley Brown of 47th Carter Dean of 6th Dean of 31st Fincher Foster

Garrard Hamilton of 26th Hamilton of 34th
Howard Hudson Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds

Robinson Russell Shapard Stephens Stumbaugh Summers Button Tate Timmons Traylor Turner Warren Young

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Broun of 46th Coverdell Doss Duncan Eldridge Gillis

Hill Holley Holloway (presiding) Hudgins Kennedy

Kidd Overby Riley Starr Tysinger

On the passage of the bill, the yeas were 39, nays 1.

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

HB 280. By Representatives Shanahan of the 7th, Miles of the 87th, Hudson of the 137th and others:
Senate Sponsor: Senator Thompson of the 32nd.
A bill to permit the charging of interest by such institutions on loans secured by a time or savings deposit or savings account in a bank, federal savings and loan association, or State chartered building and loan association.

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

1416

JOURNAL OF THE SENATE,

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Dean of 31st Duncan Fincher Foster Garrard

Hamilton of 26th Hamilton of 34th Howard Hudson Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds Robinson

Russell Shapard Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Broun of 46th Coverdell Doss Eldridge Gillis

Hill Holley Holloway (presiding) Hudgins Kennedy

Kidd Overby Riley Starr Young

On the passage of the bill, the yeas were 40, nays 1.

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

HB 33>7. By Representatives Bolster of the 30th, Noble of the 48th, Foster of the 152nd and others:
Senate Sponsor: Senator Stephens of the 36th.
A bill to amend an Act approved April 21, 1967, which provided grants to certain municipalities for specified purposes, so as to require certain additional grants under certain circumstances to every municipality with population over 300,000.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 337 by striking Section 3A, and substituting the follow ing new Section 3A in lieu thereof:

MONDAY, MARCH 3, 1975

1417

"Section 3 A. No municipality shall receive any grant under this Act for a facility which has not been found and declared eligible under Section 2A within 2 years after this Act becomes law."

On the adoption of the amendment, the yeas were 33, 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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Dean of 6th Dean of 31st Fincher Poster

Garrard Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson Langford Lester Lewis McDuffie McGill Pearce Reynolds

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Broun of 46th Coverdell Doss Duncan Eldridge Gillis

Hill Holley Holloway (presiding) Kennedy Kidd McDowell

Robinson Russell Shapard Stephens Stumbaugh Tate Timmons Traylor Turner Tysinger Warren Young
Overby Riley Starr Summers Thompson

On the passage of the bill, the yeas were 38, nays 1.

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

1418

JOURNAL OF THE SENATE,

HB 374. By Representative Greer of the 43rd:
Senate Sponsor: Senator Hudgins of the 15th.
A bill to amend Code Section 56-3009, relating to renewal premiums for policies of accident and sickness insurance, so as to provide addi tional circumstances under which the provisions of said Section are inapplicable.

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

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Bond Brantley Brown of 47th
Carter Dean of 31st Duncan Eldridge Fincher Foster Garrard Hamilton of 26th

Hamilton of 34th Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds Robinson Russell

Those not voting were Senators:

Barker Broun of 46th Coverdell Dean of 6th

Doss Gillis Hill Holley

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Holloway (presiding) Hudson Overby Riley

On the passage of the bill, the yeas were 44, nays 0.

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

HB 380. By Representative Burruss of the 21st, Marcus of the 26th, Felton of 22nd and others:
Senate Sponsor: Senator Dean of the 31st.
A bill to amend an Act providing for the preparation and implementa tion of comprehensive plans for the protection of major streams which

MONDAY, MARCH 3, 1975

1419

are the primary source of drinking water for certain metropolitan areas so as to correct certain 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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge Fincher

Garrard Hamilton of 26th Hamilton of 34th Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Doss Foster Gillis

Hill Holley Holloway (presiding) Hudson

Overby Riley Tate

On the passage of the bill, the yeas were 45, nays 0.

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

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

HR 13. By Representatives Howell of the 140th and Cox of the 141st:
Senate Sponsor: Senator Timmons of the llth.
A resolution authorizing the conveyance of a tract of State-owned property.

1420

JOURNAL OF THE SENATE,

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

On the adoption of the resolution, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge

Fincher Foster Garrard Hamilton of 34th Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Voting in the negative was Senator Traylor.

Those not voting were Senators:

Gillis Hamilton of 26th Hill

Holley Holloway (presiding) Howard

Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Warren Young
Langford Riley Summers

On the adoption of the resolution, the yeas were 46, nays 1.

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 760. By Representatives Shanahan of the 7th, Adams of the 14th, Gammage of the 17th and others:
A bill to provide certain procedures for the publication of retractions or corrections of stories published by newspapers.

MONDAY, MARCH 3, 1975

1421

The President resumed the Chair.

The following general bills of the Senate and House, favorable reported by the committees, were read the third time and put upon their passage:

SB 345. By Senators Kidd of the 25th and Lester of the 23rd:
A bill to amend Chapter 88-5 of the Code of Georgia, relating to hospitalization of the mentally ill, so as to provide for hearings for persons who are involuntarily committed to state facilities because of mental illness; to provide for the payment of the expenses of such hearings.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st
Doss Duncan Eldridge Pincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Holley

Riley

Starr

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed.

1422

JOURNAL OP THE SENATE,

Senator Kidd of the 25th moved that SB 345 be immediately transmitted to the House.

On the motion the yeas were 37, nays 0; the motion prevailed, and SB 345 was immediately transmitted to the House.

HB 151. By Representatives Hudson of the 137th, Nessmith of the 82nd, Lane of the 81st and others:
Senate Sponsor: Senator Kidd of the 25th.
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 ex amination prior to completion of the experience requirement.

Senator Kidd of the 25th offered the following amendment:
Amend HB 151 by adding to the title, following the word "fees" on line 7 of Page 1 the following:
"; to provide that certain provisions of said Act shall not apply to certain persons employed as sanitarians or sanitarian trainees".
By inserting following the sentence ending on line 18 of Page 2 the following:
"The provisions of this Section shall not apply to persons em ployed as sanitarians or sanitarian trainees prior to July 1, 1975."

On the adoption of the amendment, the yeas were 32, nays 1, and the amendment was adopted.

Senator Robinson of the 27th offered the following amendment:
Amend HB 151 by inserting in the title, following the word "fees" on line 7 of Page 1, the following:
"; to provide that it shall be unlawful to employ any person as a sanitarian trainee or as a sanitarian, who has not met the educational requirements for registration as a Registered Profes sional Sanitarian under the provisions of this Act or who is exempt from such requirements under the provisions of Section 11 of this Act; to provide that no person shall hold himself out or otherwise represent himself as a sanitarian unless he holds a valid license as a Registered Professional Sanitarian in accordance with the provisions of this Act; to provide for penalties".
By renumbering Section 2 as Section 3.

MONDAY, MARCH 3, 1975

1423

By adding, following Section 1, a new Section 2, to read as follows:

"Section 2. Said Act is further amended by adding, following Section 13, a new Section to be designated as Section 13A, to read as follows:

"Section 13A. It shall be unlawful to employ any person as a sanitarian trainee or as a sanitarian, who has not met the edu cational requirements for registration as a Registered Professional Sanitarian under the provisions of this Act or who is exempt from such requirements under the provisions of Section 11 of this Act. No person shall hold himself out or otherwise represent himself as a sanitarian unless he holds a valid license as a Registered Professional Sanitarian in accordance with the provisions of this Act. 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.".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss
Duncan
Eldridge
Fincher
Poster

Garrard Gillis Hamilton of 26th Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie
McGill
Overby
Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner
Tysinger
Warren
Young

Those voting in the negative were Senators:

Dean of 31st

Hill

Sutton

1424

JOURNAL OF THE SENATE,

Those not voting were Senators:

Hamilton of 34th Holley

Hudgins

Riley

On the passage of the bill, the yeas were 49, nays 3.

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

HB 383. By Representative Childers of the 16th:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend an Act providing for homestead exemption for certain taxation so as to eliminate the application fee for homestead exemptions in 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hill Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Hamilton of 34th Holley

Hudgins

Riley

MONDAY, MARCH 3, 1975

1425

On the passage of the bill, the yeas were 52, nays 0.

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

HB 389. By Representative Knight of the 67th:
Senate Sponsor: Senator Duncan of the 30th.
A bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations so as to provide the circumstances under which said Act shall become effective.

Senator Holloway of the 12th offered the following amendment:
Amend HB 389 by adding in the title after the word and semicolon "estate;" (Page 1, line 21), the following:
"to provide for the deduction of taxes paid by subsidiaries;".
By striking from quoted Code Section 92-2406 of Section 1 the words and commas "capital, surplus, and undivided profits accounts" (Page 3, line 6) and inserting in lieu thereof the following:
"capital stock, paid-in capital, appropriated retained earnings and retained earnings as defined in the Financial Institutions Code of Georgia and as shown on the unconsolidated statement of con dition".
By adding a new sentence after the word and period "shares." (Page 3, line 24), to read as follows:
"There shall be deducted from such market value of the shares any portion included therein representing investments in subsidiary banks which themselves are subject to the tax imposed by this Section, and undistributed earnings of such,other subsidiaries sub ject to Georgia corporate taxes."

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

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

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

1426

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Hamilton of 26th Hamilton of 34th
Hill Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate
Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Gillis Holley

Hudson Reynolds

Riley

On the passage of the bill, the yeas were 50, nays 1.

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

HB 532. By Representative Knight of the 67th:
Senate Sponsor: Senator Doss of the 52nd.
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.

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:

Banks Barnes Bell

Bond Brantley Brown of 47th

Carter Coverdell Dean of 31st

MONDAY, MARCH 3, 1975

1427

Doss Duncan Eldridge Fincher Foster Garrard Hamilton of 26th Holloway Howard Hudgins

Kidd Langford Lester McDowell Overby Pearce Riley Robinson Russell Shapard

Those voting in the negative were Senators:

Barker Kennedy

Lewis McDuffie

Those not voting were Senators:

Ballard Broun of 46th Dean of 6th Gillis

Hamilton of 34th Hill Holley Hudson

Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Warren Young
McGill Traylor
Reynolds Starr Timmons

On the passage of the bill, the yeas were 39, nays 6.

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

Senator Gillis of the 20th assumed the Chair.

HB 666. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend an Act to designate counsel to represent public officials; so as to clarify the circumstances under which the Governor may designate legal counsel for a public officer, public official, board or bureau, or any of its members.

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 Banks Barnes

Bell Bond Brown of 47th

Carter Coverdell Dean of 6th

1428

JOURNAL OF THE SENATE,

Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Hamilton of 26th Howard Hudgins Hudson Kennedy

Kidd Langford Lewis McDowell McDuffie McGill Overby Pearce
Robinson Russell Shapard Starr

Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons
Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Lester.

Those not voting were Senators:

Barker Brantley Broun of 46th Gillis (presiding)

Hamilton of 34th Hill Holley

Holloway Reynolds Riley

On the passage of the bill, the yeas were 45, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 667. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others: Senate Sponsor: Senator Overby of the 49th. A bill to amend an Act reorganizing the State Department of 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:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th

Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster Garrard

Hamilton of 26th Hill Howard Hudgins Hudson Kennedy Kidd Langford

Lester Lewis McDowell McDuffie McGill Overby Pearce Robinson

MONDAY, MARCH 3, 1975

1429

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate

Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Dean of 31st Duncan

Gillis (presiding) Hamilton of 34th Holley

Holloway Reynolds Riley

On the passage of the bill, the yeas were 47, nays 0.

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

HB 668. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others: Senate Sponsor: Senator Overby of the 49th. A bill to amend Section 40-1602 of the Code of Georgia of 1933 so as to clarify the duties of the Attorney General and the circumstances under which the Attorney General shall act at the direction of 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, 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st

Doss Duncan Eldridge Fincher Foster Garrard Hill Holloway Howard Hudson Kennedy Kidd Langford

Lester Lewis McDowell McDuffie McGill Overby Pearce Riley Robinson Russell Shapard Starr Stephens

1430
Stumbaugh Sutton Tate Thompson

JOURNAL OF THE SENATE,

Timmons Traylor Turner

Tysinger Warren Young

Those not voting were Senators:

Gillis (presiding) Hamilton of 26th Hamilton of 34th

Holley Hudgins

Reynolds Summers

On the passage of the bill, the yeas were 49, nays 0.

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

HB 736. By Representative Pinkston of the 100th:
Senate Sponsor: Senator Duncan of the 30th.
A bill to amend Code Section 57-101.1 relating to the maximum rate of interest on real estate loans so as to provide that intangible recording taxes paid by the borrower on long-term real estate loans shall not be considered interest and shall not be taken into account in the calculation of interest.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster Garrard Hamilton of 26th Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Russell Shapard Starr Stephens Stumbaugh Sutton Tate Timmons Traylor Turner Tysinger Warren Young

MONDAY, MARCH 3, 1975

1431

Voting the negative was Senator Robinson.

Those not voting were Senators:

Brown of 47th Gillis (presiding) Hamilton of 34th

Hill Holley Hudgins

Summers Thompson

On the passage of the bill, the yeas were 47, nays 1.

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

HB 737. By Representative Pinkston of the 100th:
Senate Sponsor: Senator Duncan of the 30th.
A bill to amend an Act providing that banks and certain other fi nancial institutions shall be taxed in the same manner as provide domestic corporations so as to repeal the provisions authorizing the State to collect franchise taxes and income taxes from banks and certain other financial institutions.

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 Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher

Foster Garrard Hamilton of 26th Hill Holloway Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Sutton Tate Thompson Timmons Turner Tysinger Warren

Voting in the negative were Senators Dean of 6th and Traylor.

1432

JOURNAL OF THE SENATE,

Those not voting were Senators:

Barker Gillis (presiding) Hamilton of 34th Holley

Hudgins Hudson Starr

Summer Young

On the passage of the bill, the yeas were 45, nays 2.

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

HB 819. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend Code Section 56-844b authorizing agents to adjust and relating to nonresident adjusters, so as to provide for the licensing of nonresident adjusters; to provide for qualifications, applications, license fees, and the practices and procedures in connection with such licensing; to provide for reciprocal agreements.

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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Hamilton of 26th Hill Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

MONDAY, MARCH 3, 1975

1433

Voting in the negative was Senator McDowell.

Those not voting were Senators:

Bond Gillis (presiding)

Hamilton of 34th Holley

Hudgins

On the passage of the bill, the yeas were 50, 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 bills of the House, to-wit:

HB 770. By Representatives Irvin of the 23rd, Karrh of the 106th, Sams of the 90th and Snow of the 1st:
A bill to amend Code Chapter 67-7, relating to the manner of foreclosure of mortgages on personalty so as to delete a provision relative to attaching a copy of waiver to a petition.

HB 544. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend an Act known as the "Unliquidated Damages Interest Act" so as to remove the limitation on the sum of unliquidated damages to which the interest shall apply.

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

HR 277. By Representative Harris of the 8th: A resolution relative to adjournment.

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 821. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend Code 56-34, relating to insurance holding company

1434

JOURNAL OP THE SENATE,

systems, so as to provide for additional standards; to provide for reports; to provide for requirements for distribution to shareholders.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster

Garrard Hamilton of 26th Hill Howard Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce Reynolds Riley

Those voting in the negative were Senators:

Dean of 6th

McDowell

Those not voting were Senators:

Duncan Gillis (presiding)

Hamilton of 34th Holley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young
Traylor
Holloway Hudgins

On the passage of the bill, the yeas were 47, nays 3.

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

The President resumed the Chair.

SB 324. By Senators Riley of the 1st, Brown of the 47th, Reynolds of the 48th and Banks of the 17th:
A bill to make the operation of the Public Service Commission and the administration of its duties and responsibilities more efficient, ef fective and complete; to provide for the purpose thereof.

MONDAY, MARCH 3, 1975

1435

The Committee on Public Utilities offered the following substitute to SB 324:

A BILL

To be entitled an Act to make the operation of the Public Service Commission and the administration of its duties and responsibilities more efficient, effective and complete; to provide for the purpose thereof; to amend Chapter 93-3 of the Code of Georgia, relating to the jurisdiction, powers and duties of the Public Service Commission, so as to provide that the Commission shall have the power to make rules and regulations to effectuate all provisions of law conferring powers upon the Commis sion; to further amend an Act approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, known as the "Georgia Administrative Procedure Act", relating to the establishing of uniform procedures for administra tive agencies, so as to make the Public Service Commission subject to that Act by deleting the exemption with respect to said Commission contained in that Act; to further amend the Georgia Administrative Procedure Act so as to provide that all actions for declaratory judgment with respect to any rule of the Public Service Commission must be brought in the Superior Court of Fulton County; to provide that nothing in Section 18 of said Act shall prevent the parties to a contested case before the Public Service Commission from waiving requirements relat ing to findings of fact and conclusions of law nor preclude said Com mission from adopting rules prescribing the procedure in relation there to; to provide that said Commission shall not be required to include findings of fact and conclusions of law in its orders and decisions in cases in which it presides at the reception of the evidence where no person appears in opposition to the relief sought, provided that such cases shall not include certain cases relating to rates, and further pro vided that if an aggrieved person seeks judicial review of such order said Commission shall nevertheless prepare such findings of fact and conclusions of law and include the same in the record transmitted to the reviewing court; to provide that all proceedings for review with respect to orders of said Commission must be brought in the Superior Court of Fulton County; to provide for exceptions; 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. The purpose of this Act is to make the operation of the Public Service Commission and the administration of its duties and re sponsibilities more efficient, effective and complete, and to facilitate the Commission in the discharge of the greatly increased duties and responsibilities resulting from the growing economy and population of the State of Georgia during the last several decades, and from new and additional legislation conferring additional duties and responsibilities upon the Commission, by granting additional rule-making powers to the Commission; placing the Commission under the Georgia Administrative Procedure Act; and further amending the Georgia Administrative Pro cedure Act so as to provide that actions for declaratory judgment with respect to rules of the Commission must be brought in the Superior Court of Fulton County; to provide that parties to a contested case before the Commission may waive requirements relating to findings of

1436

JOURNAL OP THE SENATE,

fact and conclusions of law; to provide that the Commission may extend the period within which it is required to render a final decision in con tested cases; to provide that subject to certain limitations and require ments, the Commission shall not be required to make findings of fact and conclusions of law in certain uncontested cases where it presides at the reception of the evidence; and to provide that proceedings for review with respect to orders of the Commission must be brought in the Superior Court of Pulton County.

Section 2. Chapter 93-3 of the Code of Georgia, relating to the jurisdiction, powers and duties of the Public Service Commission, is hereby amended by adding to such Chapter, immediately after Section 93-308 thereof, a new Section, to be designated Code Section 93-308.1, to read as follows:

"93-308.1 General Rule Making Authority.--The Commission shall have full power and authority, in addition to the power and authority now conferred upon it, to make rules and regulations to effectuate and implement the provisions of this Title and all other laws conferring powers and duties upon the Public Service Com mission."

Section 3. An Act known as "The Georgia Administrative Pro cedure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended by Georgia Laws 1965, p. 283; Ga. Laws 1966, p. 333; Ga. Laws 1967, p. 618; Ga. Laws 1967, p. 893; and Ga. Laws 1968, p. 115, relating to the establishing of uniform procedures for administrative agencies, is hereby amended by striking from subsection (a) of Section 2 thereof, which subsection contains a definition of the term "agency", the words "the Public Service Commission", so that as thus amended said subsec
tion (a) of said Section 2 shall read as follows:

"(a) 'Agency' means each State board, bureau, commission, department, 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 Corrections and its State Board of Probation, the Board of Bar Examiners, the Board of Corrections and its penal institutions, the State Board of Workmen's Compensation, all Public Authorities, the State Person nel Board (Merit System), the State Supervisor of Purchases (Pur chasing Department), the regulation of liquor and alcoholic bever ages, or any school, college, 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 4. Said Georgia Administrative Procedure Act is hereby further amended by adding to subsection (b) of Section II thereof, which subsection deals with the courts where declaratory judgments respecting agency rules may be brought, immediately following the last sentence, a new sentence to read as follows:
"All actions for declaratory judgment, however, with respect to

MONDAY, MARCH 3, 1975

1437

any rule of the Public Service Commission must be brought in the Superior Court of Fulton County.",

so that as thus amended subsection (b) of said Section II shall read as follows:

"(b) The agency shall be made a party to the action and a copy of the petition shall be served on the Attorney General. The action shall be brought in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. When the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or the county where the petitioner maintains its principal place of doing business in Georgia. All actions for declaratory judgement, however, with respect to any rule of the Public Service Commission must be brought in the Superior Court of Fulton County."
Section 5. Said Georgia Administrative Procedure Act is hereby further amended by adding the subsection (b) of Section 18 thereof, which subsection deals with decisions and orders in contested cases, immediately following the last sentence of such subsection, a new sent ence to read as follows:
"Moreover, nothing in this Section shall prevent the parties to a contested case before the Public Service Commission from waiving the requirements of this Section relating to findings of fact and con clusions of law, nor preclude said Commission from adopting a rule or rules prescribing the procedure whereby parties to a contested case before it may waive such requirements.",

so that as thus amended said subsection (b) of said Section shall read as follows:
"(b) A final decision or order adverse to a party, other than the agency, in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of facts, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each agency shall maintain a properly indexed file of all decisions in contested cases which shall be open for public inspection with the exceptions provided in Section 3(a) (4). A copy of the decision or order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or to his attorney of record. Nothing in this Section shall prevent agencies from entering summary decisions or orders for contested cases informally disposed of under Section 14(d). Moreover, nothing in this Section shall prevent the parties to a contested case before the Public Service Commission from waiving the requirements of this Section relating to findings of fact and conclusions of law, nor preclude said Commission from adopting a rule or rules prescribing the procedure whereby parties to a contested case before it may waive such requirements."

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JOURNAL OF THE SENATE,

Section 6. Said Georgia Administrative Procedure Act is hereby further amended by adding to subsection (c) of Section 18 thereof, which subsection deals with the time when agencies are to render final de cisions in contested cases, immediately following the last sentence there of, the following:

"Notwithstanding any other provisions of this law to the con trary, the procedures prescribed by Code Section 93-307.1 shall be applicable to and available to any person, firm or corporation subject to the jurisdiction of the Public Service Commission, and nothing contained herein shall be deemed to abrogate or limit, in any man ner, the provisions of said Code Section as they pertain to any rate, charge, classification or service which may constitute the basis of a contested case before the Public Service Commission.",

so that as thus amended said subsection (c) of said Section shall read as follows:
"(c) Each agency shall render a final decision in contested cases within thirty (30) days after the close of the record required by Section 14, except that any agency, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the agency shall render decision at the earliest date practicable. Notwithstanding any other provisions of this law to the contrary, the procedures prescribed by Code Section 93-307.1 shall be applicable to and available to any person, firm or corporation subject to the jurisdiction of the Public Service Com mission, and nothing contained herein shall be deemed to abrogate or limit, in any manner, the provisions of said Code Section as they pertain to any rate, charge, classification or service which may constitute the basis of a contested case before the Public Service Commission."

Section 7. Said Georgia Administrative Procedure Act is hereby further amended by adding to Section 18 thereof, which Section deals with decisions and orders by agencies, a new subsection to be designated subsection (d), to read as follows:
"(d) The Public Service Commission shall not be required to include findings of fact and conclusions of law in its orders and de cisions in cases in which it presides at the reception of the evidence where no person appears in protest or opposition to the relief or authority sought; provided, however, that such cases shall not in clude those in which the relief sought is an increase or decrease in the rate or rates of any person subject to its jurisdiction, and further provided, however, that if an aggrieved person files a petition seek ing judicial review pursuant to Section 20 of this Act with respect to such an order or decision, the Public Service Commission shall nevertheless prepare such findings of fact and conclusions of law and include the same in the record of the proceedings transmitted to the reviewing court pursuant to Section 20(e) of this Act."

MONDAY, MARCH 3, 1975

1439

Section 8. Said Georgia Administrative Procedure Act is hereby further amended by adding to subsection (b) of Section 20 thereof, which subsection deals with proceedings for review, immediately following the third sentence of such subsection, a new sentence to read as follows:

"All proceedings for review, however, with respect to orders, rules, regulations, or other decisions or directives of the Public Service Commission must be brought in the Superior Court of Fulton County.",

so that as thus amended subsection (b) of said Section shall read as follows:
"(b) Proceedings for review are instituted by filing a petition within thirty (30) days after the service of the final decision of the agency or, if a rehearing is requested, within thirty (30) days after the decision thereon. Such petition may be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. When the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or the county where the petitioner maintains its principal place of doing business in Georgia. All proceedings for review, however, with respect to orders, rules, regulations, or other decisions or direc tives of the Public Service Commission must be brought in the Superior Court of Fulton County. Copies of the petition shall be served upon the agency and all parties of record. The petition shall state the nature of the petitioner's interest, the fact showing that petitioner is aggrieved by the decision and the ground as specified in subsection (h) of this Section upon which petitioner contends that the decision should be reversed or modified. The petition may be amended by leave of court."

Section 9. Nothing contained within this Act shall apply to any rate, charge, classification, service, hearing, procedure or matter which shall pertain to any motor contract carrier, motor common carrier or railroad.
Section 10. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

Section 11. This Act shall become effective on January 1, 1976; provided, however, with respect to rules and regulations that become effective on January 1, 1976, that notice shall be given in advance of January 1, 1976, pursuant to the requirements of the Georgia Adminis trative Procedure Act and that such rules and regulations adopted to become effective on January 1, 1976, shall be filed on that date with the Secretary of State in accordance with the Georgia Administrative Pro cedure Act.
Section 12. All laws or parts of laws in conflict with this Act are hereby repealed.

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JOURNAL OF THE SENATE,

Senator Tysinger of the 41st offered the following amendment:
Amend the substitute offered by the Committee on Public Utilities to SB 324 by: adding on Page 3, line 19, a new sentence to read as follows:
"Any rule or regulation adopted by the Commission shall be transmitted to the Chairman of the Senate Public Utilities and Transportation Committee and to the Chairman of the House In dustry Committee for review by such Committees and recommenda tions to the General Assembly for appropriate action thereon."

On the adoption of the amendment, the yeas were 42, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the yeas 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Gillis Hamilton of 26th Hill
Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Garrard Hamilton of 34th

Holley

Hudgins

On the passage of the bill, the yeas were 52, nays 0.

MONDAY, MARCH 3, 1975

1441

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

Senator Banks of the 17th moved that SB 324 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 324 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 109. By Senators Lewis of the 21st, Young of the 13th, Pearce of the 16th and others:
A bill to amend an Act creating the Office of Solicitor General (now District Attorney) emeritus and creating a retirement fund, approved Feb. 17, 1949, as amended, so as to provide for eligibility for appointment and for retirement benefits, and for payments into the fund.

The House amendment was as follows:
Amend SB 109 by inserting, following the word "fund" on line 6 of Page 1, the following:
"; to provide for resignations and reappointments as district attorneys emeritus".
By renumbering Sections 2, 3, 4 and 5 as Sections 3, 4, 5 and 6, respectively.
By inserting, following Section 1, a new Section 2, to read as follows:
"Section 2. Said Act is further amended by adding, following Section 3, a new Section 3.1, to read as follows:
'Section 3.1. Any other provision of this Act to the contrary notwithstanding, any person who has resigned from the office of district attorney emeritus, shall have the right to be reappointed as a district attorney emeritus upon request to the Governor, within 30 days after this Act becomes law, and upon receiving such request the Governor shall reappoint such person as district attorney emeritus.' "

Senator Lewis of the 21st moved that the Senate agree to the amendment of the House to SB 109.

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JOURNAL OF THE SENATE,

On the motion, the yeas were 39, nays 4; the motion prevailed, and the amend ment of the House to SB 109 was agreed to.

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

HR 277. By Representative Harris of the 8th: A resolution relative to adjournment.

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 Banks Barker Barnes Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators Brantley and Dean of 6th.

Those not voting were Senators:

Bond

Hamilton of 34th

Hudgins

On the adoption of the resolution, the yeas were 51, nays 2.

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

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

MONDAY, MARCH 3, 1975

1443

HB 822. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend Code Chapter 56-24, relating to the insurance contract in general, so as to change the provisions relating to time limits for notices of cancellation with respect to property and casualty policies insuring industrial and commercial concerns.

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 Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Pincher Garrard

Gillis Hamilton of 26th Hill Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds Riley

Those not voting were Senators:

Barker Dean of 31st Poster

Hamilton of 34th Holley Holloway

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young
Hudgins Overby Tysinger

On the passage of the bill, the yeas were 47, nays 0.

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

HB 823. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend Code Section 56-214, relating to enforcement by the In-

1444

JOURNAL OF THE SENATE,

surance Commissioner of the provisions of Code Title 56, so as to au thorize the commissioner to place insurers, agents, brokers, counselors, solicitors and adjusters on probation.

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 Banks Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill

Those voting in the negative were Senators:

Garrard Hudgins Langford

Pearce Robinson Shapard

Those not voting were Senators:

Barker Broun of 46th Dean of 31st

Foster Hamilton of 34th Overby

Reynolds Riley Starr Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Stephens
Russell Summers

On the passage of the bill, the yeas were 41, nays 7.

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

HR 8. By Representative Oxford of the 116th: Senate Sponsor: Senator Duncan of the 30th.
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize any county, municipality or subdivision to invest sinking funds held by it to

MONDAY, MARCH 3, 1975

1445

pay off bonded indebtedness in accounts and certificates fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation; 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 VIII, Paragraph I of the Constitu tion is hereby amended by striking Paragraph I in its entirety and substituting in lieu thereof, the following:

"Paragraph I. Sinking Funds for Bonds. All amounts collected from any source for the purpose of paying the principal and interest of any bonded indebtedness of any county, municipality or sub division and to provide for the retirement of such bonded indebted ness, above the amount needed to pay the principal and interest on such bonded indebtedness due in the year of such collection, shall be placed in a sinking fund to be held and used to pay off the principal and interest of such bonded indebtedness thereafter maturing.
The funds in such sinking fund shall be kept separate and apart from all other moneys of such county, municipality or subdivision, and shall be used for no purpose other than that above stated. The moneys in such sinking fund may be invested and reinvested by the governing authorities of such county, municipality or subdivision or by such other authority as has been created to hold and manage such sinking fund, in the bonds of such county, munic ipality, or subdivision, in the bonds or obligations of the State of Georgia, of the counties and cities thereof and of the government of the United States, of subsidiary corporations of the Federal Government fully guaranteed by such government and in accounts and certificates which are fully insured by the Federal Deposit In surance Corporation or the Federal Savings and Loan Insurance Corporation, and no other. Any person or persons violating the above provisions shall be guilty of malpractice in office and shall also be guilty of a misdemeanor, and shall be punished, when convicted, as prescribed by law for the punishment of misdemeanors, until the General Assembly shall make other provisions for the violation of the terms 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 any county, municipality or subdivision
( ) NO to invest sinking funds held by it to pay off bonded indebtedness in accounts and certificates fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation?"

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JOURNAL OF THE SENATE,

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langf ord Lester Lewis McDuffie McGill Pearce Reynolds

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Warren Young

Those not voting were Senators:

Bond Dean of 31st

Hamilton of 34th McDowell

Overby Tysinger

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 51. By Representative Phillips of the 120th: Senate Sponsor: Senator Gillis of the 20th. A resolution authorizing the conveyance of a certain tract of Stateowned property to Montgomery County.

MONDAY, MARCH 3, 1975

1447

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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Eldridge Fincher Foster Garrard Gillis

Hill Holley Holloway Howard Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Reynolds Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Dean of 31st Doss Duncan

Hamilton of 26th Hamilton of 34th Hudgins

Langford Pearce Riley

On the adoption of the resolution, the yeas were 46, nays 0.

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

HR 72. By Representative Bray of the 70th:
Senate Sponsor: Senator Hill of the 29th.
A resolution authorizing the lease of certain real property located in Meriwether 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:

1448

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker
Barnes Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

Hill Holley Holloway Howard Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators :

Bell Bond Dean of 31st

Doss Duncan Hamilton of 34th

Hudgins Langford Pearce

On the adoption of the resolution, the yeas were 47, nays 0.

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

HR 155. By Representatives Phillips of the 120th, Glanton of the 66th, Gammage of the 17th and Jones of the 126th:
Senate Sponsor: Senator Gillis of the 20th.
A resolution designating the Engineering Experiment Station at Georgia Tech as the Georgia Productivity Center.

Senators Starr of the 44th and Gillis of the 20th offered the following amend ment:
Amend HR 155 by deleting on Page 2, line 16, the words "establish a state policy which will".

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

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

MONDAY, MARCH 3, 1975

1449

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie Overby

Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Brown of 47th Doss Duncan Hamilton of 34th

Langford McGill Russell

Summers Tate Young

On the adoption of the resolution, the yeas were 46, nays 0.

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

HB 124. By Representatives Russell of the 53rd and Lambert of the 112th:
Senate Sponsor: Senator Howard of the 42nd.
A bill to amend an Act creating the State Board of Pardons and Paroles so as to authorize members of the Board to issue a warrant for the arrest of a parolee or conditional releasee.

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:

1450

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Pincher Foster

Garrard Gillis Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Lester Lewis McDowell McGill Overby Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Brantley Duncan Hamilton of 26th

Hudgins Langford McDuffie

Riley Tate Young

On the passage of the bill, the yeas were 47, nays 0.

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

HB 125. By Representatives Russell of the 53rd and Lambert of the 112th:
Senate Sponsor: Senator Howard of the 42nd.
A bill to amend an Act creating the State Board of Pardons and Paroles so as to provide that in considering certain cases the Board shall notify the sentencing judge and district attorney of the county where such person was sentenced.

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 Barnes Bell Broun of 46th

Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Doss Eldridge Fincher

MONDAY, MARCH 3, 1975

1451

Foster Garrard Gillis Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy
Kidd

Lester Lewis McDowell McGill Overby Pearce Reynolds Riley Robinson Russell Shapard

Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Barker Bond Brantley

Duncan Hamilton of 26th Langford

McDuffie Starr Stephens

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

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

Senator Holley of the 22nd moved that the following bill of the Senate be removed from the table:

SB 270. By Senator Warren of the 43rd:
A bill to amend Chapter 26-12, relating to abortions, as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 635), so as to provide that no abortion shall be authorized or performed on a married woman without written authorization signed by both the woman and her husband except under certain circumstances.

On the motion, the yeas were 33, nays 13; the motion prevailed, and SB 270 was removed from the table and placed on the Senate Calendar.

The following bill of the Senate, read the third time February 24, and tabled, removed from the table March 3, was put upon its passage:

SB 270. By Senator Warren of the 43rd:
A bill to amend Code Chapter 26-12, relating to abortions, as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 635), so as to provide that no abortion shall be authorized or performed on a married woman without written authorization signed by both the woman and her husband except under certain circumstances.

1452

JOURNAL OF THE SENATE,

Senator Langford of the 51st moved that SB 270 be committed to the Com mittee on Human Resources.

On the motion, Senator Warren of the 43rd called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Brown of 47th Carter Dean of 31st Doss Eldridge Foster

Hamilton of 34th Hill Holloway Howard Hudgins Langford McDowell Overby Pearce

Those voting in the negative were Senators:

Ballard Bell Bond Brantley Broun of 46th Coverdell Dean of 6th Fincher Garrard

Gillis Holley Hudson Kennedy Kidd Lester Lewis McDuffie McGill

Those not voting were Senators:

Duncan

Hamilton of 26th

Robinson Russell Shapard Stephens Summers Timmons Traylor Turner Tysinger
Reynolds Riley Starr Stumbaugh Sutton Thompson Warren Young
Tate

On the motion, the yeas were 27, nays 26; the motion prevailed, and SB 270 was committed to the Committee on Human Resources.

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

HB 126. By Representatives Russell of the 53rd and Lambert of the 112th:
Senate Sponsor: Senator Howard of the 42nd.
A bill to amend an Act creating the State Board of Pardons and Paroles, particularly as it provides for the power and method of granting clemency, pardon or parole or other relief from sentence, so as to provide for a written decision signed by Board members when granting relief from a sentence.

MONDAY, MARCH 3, 1975

1453

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langfofd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Duncan Hamilton of 26th

Holloway

Tate

On the passage of the bill, the yeas were 52, 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:

HB 270. By Representative Carnes of the 43rd:
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 the Committee on Judiciary.

HB 494. By Representatives Miles of the 86th, Connell of the 87th, Hutchinson of the 133rd and Beckham of the 89th:
A bill to amend an Act designating certain public and legal holidays so as to provide that whenever the observance of a public and legal

1454

JOURNAL OF THE SENATE,

holiday shall fall upon a Saturday, the Friday immediately preceding such Saturday shall be observed as a public and legal holiday.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 544. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend an Act known as the "Unliquidated Damages Interest Act" so as to remove the limitation on the sum of unliquidated damages to which the interest shall apply. Referred to Committee on Banking, Finance and Insurance.

HB 760. By Representatives Shanahan of the 7th, Adams of the 14th, Gammage of the 17th and others:
A bill to provide certain procedures for the publication or retractions or corrections of stories published by newspapers. Referred to Committee on Judiciary.

HB 770. By Representative Irvin of the 23rd, Karrh of the 106th, Sams of the 90th and others:
A bill to amend Code Chapter 67-7, relating to the manner of fore closure of mortgages on personalty so as to delete a provision relative to attaching a copy of a waiver to a petition. Referred to Committee on Banking, Finance and Insurance.

HB 875. By Representative Culpepper of the 98th:
A bill to amend an Act known as the "Development Authorities Law" so as to include in the definition of the word "Project" the acquisition, construction, improvement or modification of any property, real or personal, used as a peak shave facility. Referred to Committee on Industry, Labor and Tourism.

HB 833. By Representative Carnes of the 43rd:
A bill to amend the "Georgia Industrial Loan Act", approved March 4, 1955, so as to authorize the commissioner to place any licensee on probation; to authorize the commissioner to subject licensees to monetary penalties for certain violations. Referred to Committee on Banking, Finance and Insurance.

The President announced the Senate would stand in recess from 5:15 o'clock P. M. until 6:00 o'clock P. M.

The President called the Senate to order at 6:00 o'clock P. M.

The President announced that the Senate would stand adjourned, pursuant to the provisions of HR 277, previously adopted, from 6:00 o'clock P. M. March 3, until 10:00 o'clock A. M. March 7.

FRIDAY, MARCH 7, 1975

1455

Senate Chamber Atlanta, Georgia Friday, March 7, 1975

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

Senator Eldridge of the 7th reported that the journal of Monday'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 993. By Representative Leonard of the 3rd:
A bill to create a charter for the City of Fort Mountain, Ga.; to provide for definitions.

HB 998. By Representatives Johnson and Thomason of the 8th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees so as to change the provisions relative to the compensation of the deputies and clerical assistants of said officers.

HB 999. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A bill to create the Perry Redevelopment Authority.

HB 1007. By Representatives Kreeger of the 21st, Wilson of the 19th, Harrison of the 20th 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 1010. By Representative Battle of the 124th: A bill to provide for the compensation of the tax commissioner of all

1456

JOURNAL OF THE SENATE,

counties of this State having a population of not less than 180,000 nor more than 190,000 according to the U.S. Decennial Census of 1970 or any future such census.

HB 1011. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act which provides for the election and terms of members of the Board of Education for the City of Valdosta, so as to change certain provisions relative to the election and terms of said members.

HB 10131. By Representative Cox of the 141st:
A bill to provide for the appointment of the members of the Hospital Authority of Decatur County.

HB 1016. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Franklin County and providing in lieu thereof an annual salary so as to change the provisions relating to the feeding of prisoners.

HB 29. By Representatives Mullinax of the 69th, Brown of the 34th and Carr of the 105th:
A bill to provide for the Department of Labor a supplemental appro priation, pursuant to and in accordance with provisions of Sections 9 and 13 of the Employment Security Law of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the U. S. of America.

HB 335. By Representative Adams of the 14th:
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.

HB 674. By Representatives Murphy of the 18th and Vaughn of the 57th:
A bill to provide that public officers and officials, holding statewide offices, who are required by law to be bonded, shall be indemnified for certain liabilities incurred in the performance of their duties.

HB 673. By Representatives Murphy of the 18th and Vaughn of the 57th:
A bill to amend Code Chapter 40-19, relating to the Supervisor of Pur chases, so as to provide that fidelity bonds covering State employees procured by the Commissioner shall name as beneficiaries and insureds under the terms thereof all public officers and officials required by law to be bonded.

FRIDAY, MARCH 7, 1975

1457

HB 868. By Representatives Murphy of the 18th and Vaughn of the 57th:
A bill to amend Code Section 89-418, which provides conditions of liability of public official bonds, so as to provide that no claim or cause of action shall exist on the bond, against the principal or surety and to provide that the surety shall have no claim or cause of action for in demnification from the principal, except under specified conditions.

HB 484. By Representative Ham of the 80th:
A bill to amend Code Section 88-1781, relating to the correction and amendment of vital records, so as to provide for a procedure for the obtaining of orders from the superior courts requiring the change of a year of birth, the correction of a delayed birth certificate or the removal of the name of a father from a birth certificate on file.
HB 315. By Representatives Foster and Wheeler of the 52nd, Clifton of the 107th and others:
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 nonhighway purposes.
HB 768. By Representatives Howard of the 19th, Edwards of the 20th, Cooper of the 19th and Harrison of the 20th:
A bill to amend an Act which provides for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the superior court level so as to provide for bonds for clerks of the state courts.
HB 767. By Representatives Howard of the 19th, Edwards of the 20th and others:
A bill to amend Section 24-2713 of the Code of Georgia relating to the surety bonds which must be given by clerks of superior courts for the faithful discharge of their duties so as to increase the amount of said bond.
HB 766. By Representatives Howard of the 19th, Edwards of the 20th and others:
A bill to amend Section 24-1704 of the Code of Georgia relating to the surety bonds which must be given by the judges of probate courts for the faithful discharge of their duties so as to increase the amount of said bond.

HB 765. By Representatives Howard and Cooper of the 19th and Edwards and Harrison of the 20th:
A bill to amend Section 24-2805 of the Code of Georgia relating to the surety bonds which must be given by sheriffs for the faithful discharge of their duties so as to increase the amount of said bond.

1458

JOURNAL OF THE SENATE,

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

SB 45. By Senator Lewis of the 21st:
A bill to amend Code Section 95-961, relating to permits for excess weight and dimension under the provisions of the Georgia Code of Public Transportation, so as to change certain provisions relating to vehicles transporting portable buildings.

SB 83. By Senator Reynolds of the 48th:
A bill to amend Georgia Code Title 68A "The Uniform Rules of the Road"; to prescribe speed restrictions for any street, roadway, or high way of this State; to provide a basic rule; to provide for maximum speed limits; to provide for the establishment of State speed zones.

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

SB 245. By Senators Ballard of the 45th, Stephens of the 36th, Pearce of the 16th and others:
A bill to repeal Code Sections 54-108 through 54-115, Section 54-121, Sections 54-137 through 54-141, and Section 54-9911, all relating to the organization and operation of the State Board of Workmen's Compen sation; to amend Code Sections 54-117 and 54-9910; and to amend Code Title 114, relating to workmen's compensation, as amended.

The House insists on its position in substituting the following bill of the Senate, to-wit:

SB 111. By Senator Holloway of the 12th:
A bill to amend Code Section 47-107, relating to the salary and allow ances of members of the General Assembly, as amended, so as to provide for compensation for Senate and House of Representatives Administration and Assistant Administration Floor Leaders.

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

FRIDAY, MARCH 7, 1975

1459

HR 284. By Representatives Reaves of the 147th, Keyton of the 143rd, Long of the 142nd and others:
A resolution expressing appreciation to Mr. Earl Olson.

HR 287. By Representatives Wood of the 9th, Hays of the 1st, Owens of the 77th and others:
A resolution commending the United Service Organizations, Inc., (USO) and expressing support of its work.

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

SB 369. By Senators Riley of the 1st and McDowell of the 2nd:
A bill to fix the compensation of the judges of the Probate Courts in all counties of this State having a population of not less than 185,000 nor more than 190,000 according to the United States Decennial Census of 1970, or any future such census; to provide for the procedure connected therewith; to provide an effective date.
Referred to Committee on County and Urban Affairs.

SB 370. By Senator Fincher of the 54th:
A bill to amend Code Section 38-1710, relating to the admissibility of expert testimony, so as to provide conditions for the admissibility of expert testimony by physicians on medical questions in certain cases. Referred to Committee on Human Resources.

SB 371. By Senator Fincher of the 54th:
A bill to create the Medical Injury Compensation Commission; to provide a short title; to provide legislative findings; to provide def initions; to provide for the composition of such commission; to provide for the appointment and terms of office of members of the commission; to provide that the commission shall make final and binding determina tions of certain disputed claims.
Referred to Committee on Human Resources.

SB 372. By Senator Fincher of the 54th:
A bill to amend Code Chapter 88-29, the "Georgia Medical Consent Law", as amended, so as to provide that said Chapter shall not apply insofar as it may conflict with the provisions of certain existing laws; to change the definition of "emergency"; to prohibit recovery against physicians under certain circumstances.
Referred to Committee on Human Resources.

1460

JOURNAL OF THE SENATE,

SB 373. By Senator Fincher of the 54th:
A bill to amend Code Chapter 105-20, relating to damages for torts, as amended, so as to limit the damages recoverable against a licensed physician for personal injury or death resulting from acts of such physician after a certain date committed in the practice of medicine. Referred to Committee on Human Resources.

SB 374. By Senators Stephens of the 36th, Hudson of the 35th and Garrard of the 37th:
A bill to provide that in all municipalities of this State having a popula tion of 400,000 or more, according to the United States Decennial Census of 1970 or any future such census, each school bus driver, who is em ployed by an individual or private corporation and who through such individual or corporation transports students to public schools within such a municipality, shall be in good physical and mental health and of good moral character.
Referred to Committee on Education.

SB 375. By Senator Kidd of the 25th:
A bill to recreate and reestablish the State Commission on Aging; to declare the legislative intent; to provide for the appointment of mem bers, their qualifications, duties, powers, authority, terms of office, manner of filling vacancies, compensation and expenses; to provide for officers; to provide for quorums; to provide for powers and duties.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 376. By Senators McDowell of the 2nd and Kidd of the 25th:
A bill to provide for appointment of conservators for persons of ad vanced age or physical disability; to provide for excluding ineligible person to act; to provide for performance bonds; to provide for powers and duties of conservators; to provide for jurisdiction; to provide for allowance of expenses for opposing petitions; to provide for compensa tion for conservators; to provide for discharge of conservators.
Referred to Committee on Judiciary.

SR 141. By Senators Barker of the 18th and Hudgins of the 15th:
A resolution requesting the United States Postal Service to issue a postage stamp commemorating the Fox Theater. Referred to Committee on Rules.

SR 142. By Senator Foster of the 50th:
A resolution requesting the Department of Natural Resources to investi gate certain matters relating to trout streams; and for other purposes. Referred to Committee on Natural Resources and Environmental Quality.

FRIDAY, MARCH 7, 1975

1461

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

HB 993. By Representative Leonard of the 3rd:
A bill to create a charter for the City of Fort Mountain, Ga.; to provide for definitions; to provide for corporate limits. Referred to Committee on County and Urban Affairs.

HB 998. By Representatives Johnson and Thomason of the 8th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees so as to change the provisions relative to the compensation of the deputies and clerical assistants of said officers.
Referred to Committee on County and Urban Affairs.

HB 999. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A bill to create the Perry Redevelopment Authority. Referred to Committee on County and Urban Affairs.

HB 1007. By Representatives Kreeger of the 21st, Wilson of the 19th, Harrison of the 20th 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. Referred to Committee on County and Urban Affairs.

HB 1010. By Representative Battle of the 124th:
A bill to provide for the compensation of the tax commissioner of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the U. S. Decennial Census of 1970 or any future such census; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1011. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act which provides for the election and terms of members of the Board of Education for the City of Valdosta, so as to change certain provisions relative to the election and terms of said members. Referred to Committee on County and Urban Affairs.

1462

JOURNAL OF THE SENATE,

HB 1013. By Representative Cox of the 141st:
A bill to provide for the appointment of the members of the Hospital Authority of Decatur County. Referred to Committee on County and Urban Affairs.

HB 1016. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Franklin County and providing in lieu thereof an annual salary so as to change the provisions relating to the feeding of prisoners. Referred to Committee on County and Urban Affairs.

HB 29. By Messrs. Mullinax of the 69th, Brown of the 34th and Carr of the 105th:
A bill to provide for the Department of Labor a supplemental appro priation, pursuant to and in accordance with provisions of Sections 9 and 13 of the Employment Security Law of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the U.S. of America.
Referred to Committee on Industry, Labor and Tourism.

HB 315. By Messrs. Foster and Wheeler of the 152nd, Clifton of the 107th and others:
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 nonhighway purposes. Referred to Committee on Judiciary.

HB 335. By Mr. Adams of the 14th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia and providing for a retirement system for the Sheriffs of Georgia. Referred to Committee on Retirement.

HB 484. By Mr. Ham of the 80th:
A bill to amend Code Section 88-1721, relating to the correction and amendment of vital records, so as to provide for a procedure for the obtaining of orders from the superior courts requiring the change of a year of birth, the correction of a delayed birth certificate or the removal of the name of a father from a birth certificate on file.
Referred to Committee on Judiciary.

FRIDAY, MARCH 7, 1975

1463

HB 673. By Representatives Murphy of the 18th and Vaughn of the 57th:
A bill to amend .Code Chapter 40-19, relating to the Supervisor of Purchases (now Commissioner of the Department of Administrative Services), so as to provide that fidelity bonds covering State employees procured by the Commissioner shall name as beneficiaries and insureds under the terms thereof all public officers and officials required by law to be bonded.
Referred to Committee on Rules.

HB 674. By Representatives Murphy of the 18th and Vaughn of the 57th:
A bill to provide that public officers and officials, holding statewide offices, who are required by law to be bonded, shall be indemnified for certain liabilities incurred in the performance of their duties. Referred to Committee on Rules.

HB 765. By Representatives Howard of the 19th, Edwards of the 20th, Cooper of the 19th and Harrison of the 20th:
A bill to amend Section 24-2805 of the Code of Georgia relating to the surety bonds which must be given by sheriffs for the faithful discharge of their duties so as to increase the amount of said bond. Referred to Committee on Judiciary.

HB 766. By Representatives Howard of the 19th, Edwards of the 20th, Cooper of the 19th and Harrison of the 20th:
A bill to amend Section 24-1704 of the Code of Georgia relating to the surety bonds which must be given by judges of probate courts for the faithful discharge of their duties so as to increase the amount of said bond.
Referred to Committee on Judiciary.

HB 767. By Representatives Howard of the 19th, Edwards of the 20th, Cooper of the 19th and Harrison of the 20th:
A bill to amend Section 24-2713 of the Code of Georgia relating to the surety bonds which must be given by clerks of superior courts for the faithful discharge of their duties so as to increase the amount of said bond.
Referred to Committee on Judiciary.

HB 768. By Representatives Howard of the 19th, Edwards of the 20th, Cooper of the 19th and Harrison of the 20th:
A bill to amend an Act which provides for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the superior court level so as to provide for bonds for clerks of the state courts. Referred to Committee on Judiciary.

1464

JOURNAL OF THE SENATE,

HB 868. By Representatives Murphy of the 18th and Vaughn of the 57th:
A bill to amend Code Section 89-418, which provides conditions of liability of public official bonds, so as to provide that no claim or cause of action shall exist on the bond, against the principal or surety and to provide that the surety shall have no claim or cause of action or indemnification from the principal, except under specified conditions.
Referred to Committee on Rules.

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 481. Do pass.
Respectfully submitted, McGill of 24th District, Chairman.

Senator Broun of the 46th 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 321. Do pass.
Respectfully submitted, Broun of 46th District, Chairman.

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance and Insurance has had under considera-

FRIDAY, MARCH 7, 1975

1465

tion 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 149. Do pass by substitute. 'SB 150. Do pass. SB 360. Do pass. HB 218. Do pass. HB 365. Do pass. HB 393. Do pass. HB 876. Do pass as amended. HR 98. Do pass. HR 100. Do pass.

Respectfully submitted, Holley of 22nd District, Chairman.

Senator Stephens of the 36th District, Chairman of the Committee on Con sumer Affairs, submitted the following report:
Mr. President:
Your Committee on Consumer 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 285. Do pass by substitute.
Respectfully submitted, Stephens of 36th District, Chairman.

Senator Garrard of the 37th 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 73. Do pass. SB 222. Do pass. SB 358. Do pass.

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JOURNAL OF THE SENATE,

HB 904. HB 930. HB 931. HB 932. HB 933. HB 938. HB 943. HB 953. HB 959. HB 960. HB 961. HB 962. HB 963. HB 965. HB 966. HB 967.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Garrard of the 37th 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 363. Do pass. SB 364. Do pass. HB 954. Do pass. HB 978. Do pass. HB 980. Do pass. HB 992. Do pass. HR 128. Do pass.
Respectfully submitted, Garrard of 37th District, Chairman.

FRIDAY, MARCH 7, 1975

1467

Senator Garrard of the 37th 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 100. Do pass by substitute. SB 215. Do pass by substitute. SB 300. Do pass by substitute. HB 677. Do pass. HB 678. Do pass. HB 679. Do pass. HB 680. Do pass. HB 759. Do pass. HB 914. Do pass as amended. HB 983. Do pass. HR 205. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Garrard of the 37th 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 32. Do pass by substitute. HB 32. Do pass. HB 44. Do pass. SR 115. Do pass.
Respectfully submitted, Garrard of 37th District, Chairman.

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JOURNAL OF THE SENATE,

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 the following bills and resolutions of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 881. Do pass.
HB 882. Do pass.
SR 133. Do pass.
SR 138. Do pass.

Respectfully submitted, Hudgins of 15th 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 bills of the House and Senate and has iinstructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 312. Do pass. SB 336, Do pass. HB 53. Do pass as amended. HB 196. Do pass. HB 215. Do pass. HB 263. Do pass. HB 268. Do pass as amended.
HB 358. Do pass.
HB 599. Do pass.
HB 614. Do pass.
HB 687. Do pass.
HB 700. Do pass.
HB 805. Do pass.

HB 818. Do pass. HB 844. Do pass.

FRIDAY, MARCH 7, 1975

1469

Respectfully submitted, Kidd of 25th District, Chairman.

Senator Carter of the 14th District, Chairman of the Committee on Educa tion, submitted the following report:
Mr. President:
Your Committee on Education 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 296. Do pass as amended. SR 104. Do pass as amended. HB 224. Do pass.
Respectfully submitted, Carter of 14th District, Chairman.

Senator Pincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources has had under consideration the follow ing bills and resolution 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 356. Do pass. HB 859. Do pass as amended. HB 860. Do pass as amended. SR 130. Do pass.
Respectfully submitted, Fincher of 54th District, Chairman.

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism has had under consideration

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JOURNAL OF THE SENATE,

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 206. Do pass.
SB 368. Do pass.

Respectfully submitted, Ballard of 45th District, Chairman.

Senator Overby of the 49th 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 200. Do pass. SB 339. Do pass by substitute. SB 346. Do pass. SB 367. Do pass by substitute. HB 13. Do pass. HB 36. Do not pass. HB 128. Do pass. HB 254. Do not pass. HB 482. Do pass. HB 539. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Overby of the 49th 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 365. Do pass.

FRIDAY, MARCH 7, 1975

1471

HB 122. Do pass as amended. HB 309. Do pass as amended.

Respectfully submitted, Overby of the 49th District, Chairman.

Senator Overby of the 49th 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:
SB 353. Do pass. SR 132. Do not pass.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Gillis of the 20th 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 323. Do pass. SB 342. Do pass. HB 41. Do pass. HB 149. Do pass. HB 579. Do pass.
Respectfully submitted, Gillis of 20th District, Chairman.

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JOURNAL OF THE SENATE,

Senator Kennedy of the 4th District, Chairman of the Committee on Offender Rehabilitation, submitted the following report:
Mr. President:
Your Committee on Offender Rehabilitation has had under consideration the following bills of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 694. Do pass. HB 695. Do pass. SB 262. Do pass by substitute. SB 263. Do pass by substitute.

Respectfully submitted, Kennedy of 4th District, Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities 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 896. Do pass by substitute. HR 226. Do pass.
Respectfully submitted, Brown of 47th District, Chairman.

Senator Lester of the 23rd 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 115. Do pass.

FRIDAY, MARCH 7, 1975

1473

HB 236. Do pass. HB 319. Do pass.

Respectfully submitted, Lester of 23rd District, Chairman.

Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. President:
Your Committee on Transportation 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 362. Do pass as amended. HB 708. Do pass. HB 709. Do pass.
HB 710. Do pass.
HB 711. Do pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. President:
Your Committee on Transportation 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 349. Do pass. SB 361. Do pass as amended. HB 20. Do pass. HB 376. Do pass by substitute.
Respectfully submitted, Reynolds of 48th 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 193. By Senators McDowell of the 2nd and Riley of the 1st:
A bill to provide that all sales at retail of any alcoholic beverages, dis tilled spirits, malt beverages or wine shall be for cash only; to provide that it shall be unlawful for any retailer to barter, trade, exchange or swap any alcoholic beverages, distilled spirits, malt beverages or wine for any goods or services other than for cash.

SB 253. By Senators Hudson of the 35th, Stephens of the 36th and Hamilton of the 34th:
A bill to amend Code Section 34-1401, relating to the definition of an absentee elector, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 61), so as to provide that the definition of an absentee elector shall include, at the option of the elector, any elector of this State who is 65 years of age or older.

SB 254. By Senators Sutton of the 9th and Young of the 13th:
A bill to amend Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Sept.-Oct. Ex. Sess., p. 69), so as to change the provisions relative to certain Senatorial Districts; to provide an effective date.

SR 67. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to pro vide that bills need be read only two times in each House prior to passage; to provide for submission of this amendment for ratification or rejection.

SR 91. By Senators Hudson of the 35th, Starr of the 44th, Langford of the 51st and others:
A resolution creating the Equal Rights Study Commission.

SR 99. By Senator Stumbaugh of the 55th: A resolution designating the honeybee as the official State insect.

SR 100. By Senators Hudgins of the 15th, Stephens of the 36th, Pearce of the 16th and others:
A resolution relative to the Fox Theater building.

SR 107. By Senators Riley of the 1st, Brown of the 47th, Reynolds of the 48th and Banks of the 17th:
A resolution proposing an amendment to the Constitution so as to pro-

FRIDAY, MARCH 7, 1975

1475

vide that the Supreme Court shall have jurisdiction over direct appeals or review proceedings from the Public Service Commission; to provide for the submission of this amendment for ratification or rejection.

SR 112. By Senator Barker of the 18th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to permit the donation or gratuitous transfer of surplus books and other printed materials to certain non profit organizations; to provide for submission of this amendment for ratification or rejection.

SR 122. By Senator Pearce of the 16th:
A resolution creating the Public Employee Collective Bargaining Study Committee.

SR 123. By Senators Tysinger of the 41st and Brown of the 47th: A resolution creating the Power Plant Siting Study Committee.

SR 124. By Senator Tysinger of the 41st: A resolution creating the Driver Education Study Committee.

SR 127. By Senators Riley of the 1st, Holloway of the 12th, Starr of the 44th and others:
A resolution creating the Georgia Tax Revision Study Commission.

HB 19. By Representatives Ham of the 80th and Tucker of the 73rd:
A bill to add one additional judge of the Superior Courts of the Flint Judicial Circuit of Georgia; to provide for the appointment of the initial additional judge and his term of office.

HB 899. By Representatives Greer of the 43rd, Triplett of the 128th and Murphy of the 18th:
A bill to amend an Act now known as the "Geo. L. Smith II Georgia World Congress Center Act", approved March 16, 1972, so as to remove the legislative members from the Authority; to change the number neces sary for a quorum; to provide an effective date.

HR 69. By Representatives Murphy of the 18th, Lee of the 72nd, Vaughn of the 57th and others:
A resolution proposing an amendment to the Constitution so as to provide that the members of the General Assembly shall receive such compensation and allowances as shall be provided for by law but no

1476

JOURNAL OP THE SENATE,

change in such compensation or allowances shall become effective prior to the end of the term during which such change is made.

HR 158. By Representatives Davis of the 56th, Linder of the 44th, Burton of the 47th and others:
A resolution creating the Justices of the Peace Study Commission of DeKalb County.

HR 204. By Representatives Murphy of the 18th, Greer of the 43rd and Triplett of the 128th:
A resolution creating the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee.

SB 344. By Senator McDuffie of the 19th:
A bill to amend an Act creating the Office of Commissioner of Bleckley County, as amended, so as to change certain provisions relating to the expenses of the commissioner; to provide an effective date.

HB 366. By Mr. Irvin of the 23rd: A bill to de-annex a certain parcel of land from the City of Alpharetta.

HB 385. By Mrs. Richardson of the 52nd, Messrs. Hawkins of the 50th, Linder of the 44th and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected so as to change the provisions relative to school board districts.

HB 582. By Representative Ham of the 80th:
A bill to amend an Act creating and establishing a small claims court for Jones County so as to change the civil jurisdiction of the Small Claims Court of Jones County.

HB 610. By Representatives Russell of the 53rd, Richardson of the 52nd, Hawkins of the 50th 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 the appointment of investigators by the Solicitor of said State Court; to provide for other matters relative thereto.

HB 629. By Representatives Cooper and Wilson of the 19th, Nix of the 20th 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 change the maximum compensation of the assistant solicitors.

FRIDAY, MARCH 7, 1975

14177

HB 747. By Representative Fraser of the 13&th:
A bill to create and establish a Small Claims Court in and for Liberty County.

HB 808. By Representative Clifton of the 107th:
A bill to recreate and reincorporate the City of Collins; to provide for corporate boundaries; to enumerate corporate powers.

HB 816. By Representatives Taggart of the 125th, Gignilliat of the 122nd, Jones of the 126th and others:
A bill to amend an Act fixing the compensation of a. certain official in all counties of this State having a population of not less than 185,000 nor more than 190,000 so as to change the provisions relative to compensation of the clerks of superior courts in such counties.

HB 848. By Representative Stone of the 138th:
A bill to amend an Act creating the Board of Commissioners of Jeff Davis County so as to change the provisions relative to the auditing of the books and accounts of the county school superintendent.

HB 854. By Representatives Miles of the 86th, Sams of the 90th, Calhoun of the 88th and others:
A bill to abolish the office of County Treasurer in any County with a population of not more than 165,000 and not less than 150,000 and to provide the procedure whereby the County Treasurer shall be eligible to become County Treasurer Emeritus.

HB 873. By Representative Fraser of the 139th:
A bill to amend an Act creating the office of Tax Commissioner of Liberty County so as to change the compensation of the Tax Commis sioner and the full-time Deputy Tax Commissioner.

HB 874. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, approved March 25, 1958, so as to define the corporate limits.

HB 877. By Representative Irvin of the 10th:
A bill to amend an Act creating a board of commissioners of Stephens County, approved March 22, 1937, so as to change the provisions relative to said board of commissioners.

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JOURNAL OF THE SENATE,

HB 915. By Representative Clifton of the 107th:
A bill to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary so as to change the provisions relative to the compensation of the sheriff and deputies.

HB 916. By Representative Clifton of the 107th:
A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Bryan County, Georgia, and creating the office of Tax Commissioner of Bryan County so as to change the compensation of the Tax Commissioner of Bryan County.

HB 923. By Representative Carr of the 105th:
A bill to amend an Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff, chief deputy, regular deputies, the secretary and the dispatcher.

HB 927. By Representative Eraser of the 139th:
A bill to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of Mclntosh County on an annual salary so as to change the compensation of the Assistant to the Clerk of the Superior Court.

HR 208. By Representatives Knight of the 67th, Ware of the 68th, and Carlisle and Mostiler of the 71st:
A resolution proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employ ment, promote industry and commerce, private incentives for the location of new (or the expansion of existing) manufacturing, processing, stor age or transshipment facilities by authorizing the governing authority of Coweta County or any municipal corporation within Coweta County to provide for the exemption from all ad valorem taxation.

HR 229. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A resolution proposing an amendment to the Constitution so as to exempt certain real property of historical interest, lying within the limits of Lowndes County, from ad valorem taxation other than State ad valorem taxes.

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

Ballard Barker Barnes

Bell Bond Brantley

Brown of 47th Carter Coverdell

FRIDAY, MARCH 7, 1975

1479

Dean of 31st Doss Eldridge Pincher Foster Garrard Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson

Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson Russell

Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not answering were Senators:

Banks Broun of 46th Dean of 6th Duncan

Gillis Hill Holloway Kennedy

Riley Starr Young

Senator Lester of the 23rd introduced as chaplain, The Reverend Charles Farr, pastor, Aldersgate United Methodist Church, Augusta, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate, favorably reported by the com mittees, were read and adopted:

SR 94. By Senators Tate of the 38th, Kidd of the 25th, Hamilton of the 34th and others:
A resolution expressing support for the Governor's efforts to provide minority representation on State boards, commissions and agencies.

SR 114. By Senators Coverdell of the 40th and Lester of the 23rd:
A resolution directing the Senate Commission on Retirement to conduct certain studies.

SR 120. By Senators Lewis of the 21st, Overby of the 49th, Reynolds of the 48th and others:
A resolution urging the Supreme Court of the United States of America to rule upon the constitutionality of Georgia's capital punishment laws.

SR 126. By Senator Kidd of the 25th:
A resolution requesting the Governor to take certain action with respect to application of a Share-The-Work Program.

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JOURNAL OF THE SENATE,

SR 130. By Senator Kidd of the 25th:
A resolution relative to the need for constructive organizational changes and other remedial administrative and pragmatic actions within the Georgia Department of Human Resources.

SR 133. By Senator Barker of the 18th:
A resolution urging the President of the United States to declare an emergency exists in Georgia under the provisions of the Disaster Relief Act of 1974.

SR 138. By Senators Hudgins of the 15th, Pearce of the 16th and Barker of the 18th:
A resolution urging the Administrator of Veterans Affairs to acquire acreage at Fort Gillem for the purpose of establishing a national cemetery.

SR 143. By Senators Kidd of the 25th, Broun of the 46th, Starr of the 44th and others:
A resolution relative to James L. Gillis, Sr.

The following resolutions of the House, favorably reported by the com mittees, were read and adopted.

HR 92. By Representatives Linder of the 44th, Childs of the 51st, Russell of the 53rd and others:
A resolution creating the DeKalb County Study Commission on Law Enforcement.

HR 141. By Representatives Hays of the 1st, Toles of the 16th and Colwell of the 4th:
A resolution urging the Stone Mountain Memorial Association to modify facilities at Stone Mountain Park to accommodate handicapped persons.
HR 2-22. By Representatives Harden of the 154th, Leggett of the 153rd, Gignilliat of the 122nd and others:
A resolution relative to the relocation of the Consolidated Federal Law Enforcement Training Center.
HR 239. By Representatives Whitmire, Wood and Jackson of the 9th:
A resolution urging the United States Congress to adopt appropriate legislation providing that one of the major purposes of Lake Sidney Lanier is for recreation.

FRIDAY, MARCH 7, 1975

1481

The following resolutions of the House were read and adopted:

HR 284. By Representatives Reaves of the 147th, Keyton of the 143rd, Long of the 142nd and others: A resolution expressing appreciation to Mr. Earl Olson.
HR 287. By Representatives Wood of the 9th, Hays of the 1st, Owens of the 77th and others: A resolution commending the United Service Organizations, Inc. (USO) and expressing support of its work.
The following resolution of the House, favorably reported by the committee, was read and adopted:
HR 241. By Representatives Murphy of the 18th, Harris of the 8th, Wood of of the 9th and others: A resolution designating the Recreational Complex to be located on Picnic Island of Lake Lanier Islands as "The James H. 'Sloppy' Ployd Recreational Center".
Senator Holley of the 22nd moved that the following bill of the House be committed to the Committee on Banking, Finance and Insurance:
HB 449. By Representatives Buck of the 95th, Ware of the 68th, Castleberry of the lllth and Wood of the 9th: A bill to be known as the "Georgia Title Insurance Act".

On the motion, the yeas were 40, nays 0; the motion prevailed, and HB 449 was committed to the Committee on Banking, Finance and Insurance.

Senator Holloway of the 12th assumed the Chair.

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 239. By Representatives Baugh of the 108th and Parham of the 109th: A bill to consolidate the offices of Tax Receiver and Tax Collector

1482

JOURNAL OF THE SENATE,

of Baldwin County into the office of Tax Commissioner of Baldwin County.

The Speaker has appointed on the part of the House the following members thereof:

Representatives Baugh of the 108th, Parham of the 109th and Sigman of the 74th.

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

SB 243. By Senator Traylor of the 3rd:
A bill to provide for the compensation of judges of the State courts in certain counties of this State; to provide an effective date.

The House has adopted the following resolution of the House, to-wit:

HR 301. By Representative Harris of the 8th: A resolution relative to adjournment.

The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:

HB 858. By Representatives Tolbert and Davis of the 56th, Jordan of the 58th and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to prohibit the employment of certain persons as teachers.
SB 196. By Senators Ballard of the 45th, Tysinger of the 41st, Stumbaugh of the 55th and others:
A bill to amend Code Title 114, relating to workmen's compensation, as amended, so as to delete the requirement that an employer be engaged in a business operated for gain or profit; to provide for uniform cover age of all county and school district employees.

SENATE CALENDAR
Friday, March 7, 1975
SB 101. Teachers' Retirement-additional post-retirement benefit adjust ment (SUB)

FRIDAY, MARCH 7, 1975

1483

SB 145. Financial Institutions Code -- clarify certain provisions SB 146. Bank Business Production Offces -- provide for establishment
(SUB) SB 280. Weapons Used in Commission of Crime -- destruction of SB 286. Mobile Homes -- procedure for taxing SB 288. Commercial Gambling, Felony -- punishment for SB 291. Gambling -- unlawful to advertise lottery SB 306. Attorney General-employ private legal counsel for State depart
ments SB 309. Machine Gun-register in accordance with national firearms act SB 320. Lottery -- change provisions relating to definition SB 334. Flashing Red Light -- certain private motor vehicles SB 351. Secondary Security Deeds -- rate of charge SR 78. Agrirama Development Authority Overview Committee-annual
expenditure SR 82. Mobile Homes -- separate class of property for taxation SR 108. Chatham County -- easement through State property (SUB) SR 113. Cities and Counties-grant exemptions from property taxes HB 67. Public Utility Billings -- notation of rates (SUB) HB 89. Electric Membership Corporation -- compensate directors HB 377. Motor Contract Carrier-use Public Service Commission regulations HB 449. Georgia Title Insurance Act -- create HB 488. Non-Resident Income Tax -- method of computing HB 491. Income Tax -- clarify definition of "nonresident" HB 492. Income Tax -- who must file HB 493. Sales Tax -- clarify dealer deduction

The President 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 101. By Senator Dean of the 31st:
A bill to amend an Act establishing the Teachers' Retirement System, March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as provide for an additional post-retirement benefit adjustment; to provide for other matters relative thereto.

1484

JOURNAL OF THE SENATE,

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

DATE:

January 30, 1975

SUBJECT:

Fiscal Note--Senate Bill 101

Attached is fiscal note from Wesley Rucker, which indicates an an nual cost of $1,434,500. Another interpretation of this language would indicate that this cost would be continued each year as well as com pounded. For example, the first year would amount to $1,434,500 while the second year would amount to $1,477,535 and the third year would amount to $1,521,861, etc. These figures would also exclude any new retirees during those three years which if were known would add addi tional cost.

/s/ Ernest B. Davis State Auditor
/s/ James T. Mclntyre, Jr. State Planning & Budget Officer

TEACHERS RETIREMENT SYSTEM State of Georgia
254 Washington Street, S.W., Phone 656-2954 Atlanta, Georgia 30334

January 23, 1975

MEMORANDUM

TO:

Mr. Ernest B. Davis

State Auditor

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia

SUBJECT:

Senate Bill 101

This bill would provide a 3'% post-retirement increase in benefit checks annually to retired members of the Teachers Retirement System, in addition to the post-retirement benefit adjustments provided by the Board of Trustees which are financed under the regular funding struc-

FRIDAY, MARCH 7, 1975

1485

ture of the retirement system. The post-retirement increases which are already being provided by the Board of Trustees are authorized in para graph (d) of subsection (2) of Section 5 of the Teachers Retirement Act. The additional post-retirement increases in benefit checks which would be authorized by this bill would be paid from funds appropriated by the General Assembly for such purpose.

The approximate cost to the State for the additional 3% benefit adjustments for Fiscal Year 1976 as proposed in this bill would be $1,434,500, assuming the Board of Trustees would grant two "regular" 3% cost-of-living increases and one "supplemental" equaling the 2% in crease made during 1974-75.

If the Board of Trustees did not grant any supplemental cost-ofliving increases during the Fiscal Year 1975-76, the cost of this bill, per year, would be approximately $1,338,550.

TEACHERS RETIREMENT SYSTEM State of Georgia
254 Washington Street, S.W., Phone 656-2954 Atlanta, Georgia 30334
February 28, 1975

MEMORANDUM

TO:

Senator Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer

SUBJECT:

Committee Substitute to Senate Bill 101

This bill, as it would be changed by the committee substitute, would direct the Board of Trustees of the Teachers Retirement System to determine the changes in the cost of living annually as shown by the Consumer Price Index for Georgia. When the Index increased more than the cost-of-living increases already made in retirement checks by the Board of Trustees under another increase plan (3% per year), the Board would make a further adjustment in the benefit checks each year. The additional increase would equal the amount that the Consumer Price Index exceeded the increase already granted by the Board of Trustees but could not exceed 3% of the benefits being paid at that time.

The additional cost-of-living increases that would be payable under this bill would be financed in the same manner as the increases already being paid by the retirement system--that is, the employer contributions rate would be increased by .15% of payroll to cover this additional cost to the retirement system. This increase in the employer contributions rate would increase the State's cost for Teacher Retirement approxi mately $969,900 during Fiscal Year 1976.

1486

JOURNAL OF THE SENATE,

The Committee on Retirement offered the following substitute to SB 101:

A BILL

To be entitled an Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943' (Ga. Laws 1943, p. 640), as amended, particularly by an Act approved April 15, 1969 (Ga. Laws 1969, p. 391), so as to provide for an additional post-retirement benefit adjustment; to provide for other matters relative thereto; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943" (Ga. Laws 1943, p. 640), as amended, partic ularly by an Act approved April 15, 1969 (Ga. Laws 1969, p. 391), is hereby amended by adding at the end of paragraph (d) of subsection (2) of Section 5 the following paragraph:

"In addition to the post-retirement benefit adjustments hereinabove provided, the Board of Trustees shall make annual determina tions of the percentage changes in the Consumer Price Index for Georgia, and whenever the Consumer Price Index increase, as determined by the Board of Trustees, is in excess of the adjust ments made by the Board of Trustees during the year being re viewed, the Board shall additionally approve a further adjustment not to exceed 3% of the benefit as adjusted. In no case, however, shall the total adjustments exceed the percentage increase in the Consumer Price Index for that year. The funds to cover the cost of these additional increases shall be provided in the same manner as funds are provided for the retirement system under the provi sions of subsection (4) of Section 8 of this Act."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Coverdell of the 40th offered the following amendment:
Amend the substitute offered by the Committee on Retirement to SB 101 by adding a new Section 2 to read as follows:
"Section 2. This Act shall become effective whenever the General Assembly appropriates the necessary funds to implement the provisions of this Act.", and
By renumbering Section 2 as Section 3.

On the adoption of the amendment, the yeas were 42, nays 0, and the amend ment to the committee substitute was adopted.

FRIDAY, MARCH 7, 1975

1487

On the adoption of the substitute, the yeas 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 6th

Hamilton of 34th

Starr

On the passage of the bill, the yeas were 53, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

SB 146. By Senators Holley of the 22nd, Rilay of the 1st, Holloway of the 12th and Starr of the 44th:
A bill to amend Code Section 13-203.1 relating to bank offices and bank facilities, as amended, so as to provide for the establishment of business production offices under certain conditions; to provide for the procedures connected therewith.

1488

JOURNAL OP THE SENATE,

The Committee on Banking, Finance and Insurance offered the following substitute to SB 146:

A BILL

To be entitled an Act to amend Code Section 13-203.1, relating to bank offices and bank facilities, as amended, so as to provide for the establishment of business production offices under certain conditions; to provide for the procedures connected therewith; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 13-203.1, relating to bank offices and bank facilities, as amended, is hereby amended by adding a new subsection at the end thereof, to be designated subsection (g), to read as follows:
"(g) Except as may be hereinafter provided, no financial institution domiciled outside of this State nor any subsidiary of such financial institution may establish a place of business within this State for the purpose of engaging in or soliciting a banking business including, but not limited to, deposit accounts, loan accounts, or trust accounts. This subsection shall not be construed to prohibit the establishing of a place of business by one financial institution or subsidiary thereof for the purpose of providing computer services to one or more other financial institutions.
(1) Notwithstanding the foregoing, a financial institution or subsidiary thereof which is domiciled outside this State may estab lish places of business in any county of this State for the sole pur pose of soliciting and making loans and leasing personal property provided:
(i) such loans and leases are executed subject to the laws of this State,
(ii) the financial institution designates an agent for service within this State, and
(iii) the financial institution obtains a license annually from the Department to operate such place of business.

(2) In considering an application for a license by a financial institution pursuant to this subsection, the Commissioner shall, in his discretion, approve or disapprove the application and, if approval is granted, shall issue a license upon finding to his satisfaction that:

(i) the requirements of this subsection have been met, and

(ii) the financial institution is in good standing with its char tering authority.

FRIDAY, MARCH 7, 1975

1489

(3) The license issued hereunder may be revoked by the Com missioner upon a finding, after proper hearing, that the financial institution has violated any of the provisions of this subsection precedent to the granting of the license originally.

(4) The issuance of licenses shall be subject to the provisions of Section 41A-212 of the Code of Georgia. As used in this subsection, the term 'Financial Institution' shall be as defined in Section 41A102(u) of the Code of Georgia, and shall also include bank holdingcompanies.

(5) All financial institutions domiciled within this State shall have the same rights and privileges hereunder as financial institu tions domiciled outside of this State, but such financial institutions shall not be required to obtain any license."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Doss of the 52nd moved that SB 146 be postponed indefinitely.

Senator Holley of the 22nd moved the previous question on SB 146. Senator Sutton of the 9th moved that SB 146 be tabled. The President ruled that 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 Banks Brown of 47th Carter Dean of 31st Doss Duncan Fincher

Foster Hill Hudson Kennedy Overby Reynolds Riley

Shapard Summers Sutton Timmons Traylor Turner Young

Those voting in the negative were Senators:

Barker Barnes Bell Bond Brantley

Broun of 46th Coverdell Kldridge Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard

1490
Hudgins Kidd Langford Lester Lewis McDowell

JOURNAL OF THE SENATE,

McDuffie McGill Pearce Robinson Russell Starr

Stephens Tate Thompson Tysinger Warren

Those not voting were Senators Dean of the 6th and Stumbaugh.

On the motion, the yeas were 22, nays 32; the motion was lost, and SB 146 was not tabled.

On the motion for the previous question, the yeas were 35, nays 0; and the previous question was ordered.

On the adoption of the substitute, the yeas 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:

Bell Bond Brantley Broun of 46th Coverdell Eldridge Garrard Hamilton of 26th

Hamilton of 34th Holley Holloway Howard Hudgins Langford Lester McDowell

Pearce Robinson Starr Stephens Stumbaugh Sutton Tysinger Warren

Those voting in the negative were Senators:

Ballard Banks Barker Barnes Brown of 47th Carter Dean of 31st Doss

Duncan Fincher Foster Gillis Hill Hudson Kennedy Kidd

Lewis McDuffie McGill Overby Reynolds Riley Russell Shapard

Summers Tate Thompson

FRIDAY, MARCH 7, 1975

1491

Timmons Traylor

Turner Young

Not voting was Senator Dean of the 6th.

On the passage of the bill, the yeas were 24, nays 31.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Holley of the 22nd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 146.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 239. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Baldwin County into the office of Tax Commissioner of Baldwin County.

Senator Kidd of the 25th moved that the Senate substitute to HB 239 be adhered to and that a Committee of Conference be appointed on the part of the Senate.

On the motion, the yeas were 48, nays 0; the motion prevailed and the substitute of the Senate to HB 239 was adhered to.

The President appointed as a Committee of Conference on the part of the Senate the following: Senators Kidd of the 25th, Hamilton of the 26th and McGill of the 24th.
The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:
SB 280. By Senator Barnes of the 33rd:
A bill to amend Code Section 27-3102, relating to the sale and destruction of weapons, so as to provide that weapons used in the commission or attempted commission of a crime may be destroyed when no longer needed for evidentiary purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1492

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Dean of 6th

Hill Holley

Kidd Riley

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 286. By Senators Barker of the 18th, Holloway of the 12th, Sutton of the 9th and others:
A bill to provide procedures for the return of mobile homes for taxation, determining the applicable rates therefor, and collecting the ad valorem tax imposed thereon; to provide for all matters relative 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, the President ordered a roll call, and the vote was as follows:

FRIDAY, MARCH 7, 1975

1493

Those voting in the affirmative were Senators:

Ballard
Barker Barnes Bell Bond Brantley Broun of 46th Coverdell Dean of 31st Doss Duncan Fincher Foster Garrard

Hamilton of 26th
Hamilton of 34th Holloway Howard Hudgins Hudson Langford
Lester Lewis McDowell McDuffie McGill Pearce Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those voting in the negative were Senators:

Brown of 47th Hill

Overby Reynolds

Traylor

Those not voting were Senators:

Banks Carter Dean of 6th

Eldridge Gillis Holley

Kennedy Kidd Riley

On the passage of the bill, the yeas were 42, nays 5.

The bill, having received the requisite constitutional majority, was passed.

Senator Barker of the 18th moved that SB 286 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 286 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 413. By Representative Connell of the 87th: A bill to amend an Act known as the "Revenue Tax Act to Legalize and

1494

JOURNAL OF THE SENATE,

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.

The House has agreed to the Senate amendment to the following bill of the House, to-wit:

HB 145. By Representatives Toles of the 16th and Adams of the 14th:
A bill to amend Code Title 84, relating to professions, businesses and trades, so as to provide for the licensing of certain practitioners of the business of auctioneering.

The House has agreed to the Senate substitute to the following bill of the House, to-wit:

HB 182. By Representatives Harden of the 154th, Colwell and Twiggs of the 4th and others:
A bill to amend an Act creating the Public School Employees' Retire ment System so as to make certain persons members of the retirement system and to allow such persons to establish prior service credits under the retirement system.

The House has disagreed to the Senate amendment to the following bill of the House, to-wit:

HB 74. By Representative 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 so as to change the provisions relating to rights and liabilities of females; to amend an Act relating to jury service of women.

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:

SB 288. By Senators Coverdell of the 40th, Brantley of the 56th and Garrard of the 37th:
A bill to amend Code Section 26-2703, relating to commercial gambling, as amended, so as to provide that commercial gambling, shall be a felony; to provide punishment for said crime.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 7, 1975

1495

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:

Barnes Bell Brantley Broun of 46th Brown of 47th Coverdell Dean of 31st Doss Foster Hamilton of 26th Hamilton of 34th Hill
Howard

Hudgins Hudson Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson Russell

Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Ballard Banks Barker Bond Carter Dean of 6th Duncan

Eldridge Fincher Garrard Gillis Holley Holloway

Kennedy Kidd Langford Riley Tate Young

On the passage of the bill, the yeas were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 291. By Senators Robinson of the 27th, Turner of the 8th, Hudson of the 35th and others:
A bill to amend Code Chapter 26-27, relating to gambling and related offenses as amended, so as to provide that it shall be unlawful for any person, partnership, firm, corporation or other entity to sell, distribute, televise, broadcast or disseminate any advertisement, television or radio commercial, or any book, magazine, periodical, newspaper, or other written or printed matter containing an advertisement or solicitation for participation in any lottery.

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:

1496

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Doss Fincher Foster Hamilton of 34th Hill Holloway

Howard Hudgins Hudson Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson Russell

Shapard
Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Banks Barker Carter Dean of 6th Dean of 31st

Duncan Eldridge Garrard Gillis Hamilton of 26th

Holley Kennedy Kidd Riley

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 306. By Senator Howard of the 42nd:
A bill to amend an Act providing the Attorney General, upon request of any department or office, is authorized to employ private counsel to perform legal services for that department or office and that such department shall pay for 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond

Brantley Broun of 46th Brown of 47th Coverdell Dean of 31st Doss

Fincher Foster Garrard Hamilton of 34th Hill Holloway

Howard Hudgins Langford Lester Lewis McDowell McDuffie McGill

FRIDAY, MARCH 7, 1975

1497

Overby Pearce Reynolds Russell Shapard Starr Stephens Stumbaugh

Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Carter Dean of 6th Duncan Eldridge Gillis

Hamilton of 26th Holley Hudson Kennedy Kidd

Riley Robinson Tate Young

On the passage of the bill, the yeas were 42, 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 74. By Representative 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 so as to change the provisions relating to rights and liabilities of females; to amend an Act relating to jury service of women.

Senator Overby of the 49th moved that the Senate amendment to HB 74 be insisted upon.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate amendment to HB 74 was insisted upon.

The following bills of the Senate were taken up for the purpose of considering House action thereto:

SB 243. By Senator Traylor of the 3rd:
A bill to provide for the compensation of judges of the State courts in certain counties of this State; to provide an effective date.

1498

JOURNAL OF THE SENATE,

Senator Traylor of the 3rd moved that the Senate amendment to the House amendment to SB 243 be insisted upon and that a Committee of Conference be appointed.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate amendment to the House amendment to SB 243 was insisted upon.

The President appointed as a Committee of Conference on the part of the Senate the following: Senators Traylor of the 3rd, Barnes of the 33rd and Howard of the 42nd.

SB 45. By Senator Lewis of the 21st:
A bill to amend Code Section 95A-961, relating to permits for excess weight and dimension under the provisions of the Georgia Code of Public Transportation, so as to change certain provisions relating to vehicles transporting portable buildings; to provide an effective date.

Senator Lewis of the 21st moved that the Senate agree to the House amend ment to SB 45.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the House amendment to SB 45 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 309. By Senator Barker of the 18th:
A bill to amend Code Section 26-2906, relating to criminal sanctions for selling, manufacturing, purchasing or possessing a machine gun, so as to provide that said Code Section shall not apply to any person who has registered his machine gun in accordance with the dictates of the Na tional Firearms 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 Banks Barker Barnes

Bell Bond Broun of 46th Brown of 47th

Coverdell Foster Garrard Hill

Holloway Howard Langford Lester Lewis McDowell McDuffie
McGill

FRIDAY, MARCH 7, 1975

1499

Overby Pearce Reynolds Robinson Shapard Starr Stumbaugh
Summers

Sutton Tate Thompson Traylor Turner Tysinger Warren

Those voting in the negative were Senators:

Brantley Doss

Pincher Hudgins

Stephens

Those not voting were Senators:

Carter Dean of 6th Dean of 31st Duncan Eldridge Gillis

Hamilton of 26th Hamilton of 34th Holley Hudson Kennedy

Kidd Riley Russell Timmons Young

On the passage of the bill, the yeas were 35, nays 5.

The bill, having received the requisite constitutional majority, was passed.

SB 320. By Senators Langford of the 51st and Kidd of the 25th:
A bill to amend Code Section 26-2701 relating to definitions with re spect to gambling and related offenses, so as to change the provisions relating to the definition of a lottery.

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 Banks Barnes Bell Bond Brantley Broun of 46th Brown of 47th

Coverdell Doss Fincher Foster Garrard Hamilton of 26th Holloway Howard

Hudgins Hudson Langford Lester Lewis McDowell McDuffie McGill

1500

JOURNAL OP THE SENATE,

Overby Pearce Reynolds Robinson Shapard Starr

Stephens Stumbaugh Summers Sutton Tate Thompson

Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Barker Carter Dean of 6th Dean of 31st Duncan

Eldridge Gillis Hamilton of 34th Hill Holley

Kennedy Kidd Riley Russell

On the passage of the bill, the yeas were 42, 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 House action thereto:

SB 111. By Senator Holloway of the 12th:
A bill to amend Code Section 47-107, relating to the salary and allow ances of members of the General Assembly, as amended by an Act approved March 16, 1&66, so as to provide for compensation for Senate and House of Representatives Administration and Assistant Adminis tration Floor Leaders.

Senator Holloway of the 12th moved that the Senate adhere to its disagree ment to the House substitute to SB 111 and that a Committee of Conference be appointed.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the disagreement to the House substitute to SB 111 was adhered to.

The President appointed as a Committee of Conference on the part of the Senate the following: Senators Holloway of the 12th, Riley of the 1st and Eldridge of the 7th.

The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 334. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
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 flash-

FRIDAY, MARCH 7, 1975

1501

ing or revolving blue lights, approved Apr. 6, 1972 (Ga. L. 1972, p. 1092) as amended, 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.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Coverdell Doss Fincher Foster

Hamilton of 26th Holloway Howard Hudgins Hudson Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Shapard Stephens Stumbaugh Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Carter Dean of 6th Dean of 31st Duncan Eldridge Garrard

Gillis Hamilton of 34th Hill Holley Kennedy Kidd

Riley Russell Starr Summers Timmons

On the passage of the bill, the yeas were 39, 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 bills of the House, to-wit:

1502

JOURNAL OF THE SENATE,

HB 851. By Representatives Cole of the 6th, Burruss of the 21st, Pinkston of the 100th and others:
A bill to provide for retained amounts on certain water and sewer con tracts; to provide for an alternate escrow procedure for such retention.

HB 259. By Representative Connell of the 87th:
A bill to amend an Act establishing the State Employees' Retirement System so as to change the retirement requirements and benefits for certain personnel of the Department of Revenue.

HB 971. By Representatives Burruss of the 21st, Waddle of the 113th, Kreeger of the 21st and others:
A bill comprehensively to revise and codify the laws of this State regulating the practice of professional engineering and the practice of land surveying; to amend Code Title 84, relating to professions and trades, so as to codify the laws relating to professional engineering and land surveying as Code Chapter 84-21.

HB 893. By Representatives Lane of the 81st, Cole of the 6th, Sweat of the 150th and others:
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation so as to authorize the Commissioner of Transportation or the Deputy Commissioner of Transportation to simul taneously serve as State Highway Engineer.

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 351. By Senator Pearce of the 16th:
A bill to amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or a security deed, approved March 16, 1966 (Ga. L. 1966, p. 574), as amended, so as to clarify the definition of "rate of charge".

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:

Banks Barker Barnes

Bell Brantley Brown of 47th

Carter Coverdell Doss

FRIDAY, MARCH 7, 1975

1503

Foster Hamilton of 26th Howard Hudgins Hudson Kennedy Kidd Langford Lester
Lewis

McDuffie McGill Overby Pearce Reynolds Robinson Shapard Starr Stephens

Stumbaugh Summers Sutton Tate Thompson Timmons TrayJor Turner Tysinger

Those voting in the negative were Senators:

Ballard Bond

McDowell

Warren

Those not voting were Senators:

Broun of 46th Dean of 6th Dean of 31st Duncan
Eldridge

Fincher Garrard Gillis Hamilton of 34th
Hill

Holley Holloway Riley Russell
Young

On the passage of the bill, the ayes were 37, nays 4.

The bill, having received the requisite constitutional majority, was passed.

SR 78. By Senators Sutton of the 9th, Eldridge of the 7th and Young of the 13th:
A resolution authorizing an annual expenditure of $5,000 for the opera tion of the Georgia Agrirama Development Authority Overview Com mittee.

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 Banks Barker Barnes Bell
Brantley

Broun of 46th Brown of 47th Carter Coverdell Doss
Duncan

Eldridge Foster Garrard Gillis Hamilton of 26th
Hill

1504
Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell

JOURNAL OF THE SENATE,

McDuffie McGill Overby Pearce Reynolds Riley Robinson Shapard Starr Stephens

Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Dean of 6th Dean of 31st

Fincher Hamilton of 34th

Russell Summers

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 82. By Senators Barker of the 18th, Holloway of the 12th, Sutton of the 9th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to enact legislation treating any and all mobile homes as a separate class of property from other classes of tangible property for ad valorem tax purposes and to adopt different rates, methods or assessment dates for the taxation of such property and to enact legisla tion consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said mobile homes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following sentence:
"Notwithstanding anything to the contrary contained in this paragraph, the General Assembly shall be authorized to enact legis lation treating any and all mobile homes as a separate class of property from other classes of tangible property for ad valorem tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property and to enact legislation con-

FRIDAY, MARCH 7, 1975

1505

sistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said mobile homes."

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 enact legislation treating any and all mobile homes as a separate class of property from other classes of
( ) NO tangible property for ad valorem tax purposes, and to adopt different rates, methods or assess ment dates for the taxation of such property and to enact legislation to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said mobile homes?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Carter Coverdell Doss Duncan Eldridge

Fincher Foster Garrard Gillis Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford

Lester Lewis McDowell McDuffie Pearce Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton

1506
Tate Thompson Timmons

JOURNAL OF THE SENATE,

Traylor Turner Tysinger

Warren Young

Those voting in the negative were Senators:

Brown of 47th McGill

Overby

Reynolds

Those not voting were Senators:

Dean of 6th Dean of 31st

Hamilton of 26th Hamilton of 34th

Russell

On the adoption of the resolution, the yeas were 47, nays 4.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Barker of the 18th moved that SR 82 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0, the motion prevailed, and SR 82 was immediately transmitted to the House.

SB 145. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and Starr of the 44th:
A bill to amend Code Title 41A, relating to financial institutions, and known as the "Financial Institutions Code of Georgia", approved March 25, 1974 (Ga. Laws 1974, p. 705), so as to clarify certain provisions; to correct technical and typographical errors; to redefine certain terms.

Senator Ballard of the 45th offered the following amendment:
Amend SB 145 by adding in the caption of the bill at line 28 on Page 2, after the word "cause;" the following:
"to provide for dissenters' rights in the event of a change in control of a bank or trust company, and to provide methods and procedures in connection with said rights."
And by renumbering Sections 27 through 50 as Sections 28 through 51, respectively, and by inserting after Section 26 of said bill a new Section 27, to read as follows:

FRIDAY, MARCH 7, 1975

1507

"Section 27. Said Code Title is further amended by striking Code Section 41-A-2013 in its entirety and inserting in lieu thereof a new code section to read as follows:

'41-A-2013. Change in Control.
(a) Whenever a change occurs in the ownership or right to vote, the outstanding shares of any bank or trust company which will result in the control or a change in the control of the bank or trust company, the president or other officer of such bank or trust company shall, within ten days after knowledge thereof, report such facts to the department and all shareholders. As used in this section, the term 'control' means the power to, directly or indirectly, direct or cause the direction of the management or policies of the institution. If there is any doubt as to whether a change in the ownership or voting rights of such shares is sufficient to result in control thereof or to effect a change in the control thereof, such doubt shall be resolved in favor of reporting the facts to the depart ment and all shareholders.
'(b) In the event of the control or change in control of a bank or trust company as defined in 41-A-2013 (a) ; or the accumulated acquisition of 5% or more of the shares of any bank or trust com pany by any other bank, bank holding company or other corpora tion, such accumulated acquisition or change in control shall vest in any shareholder the right to demand for his shares fair value, which is defined as the highest price per share paid to any other shareholder in the process of acquiring control as set forth herein. In the alternative, and at the sole option of the dissenting share holder, fair value may be established as of the date of tender by the dissenting shareholder by a committee of three persons, one to be selected by the dissenting shareholder entitled to receive the value of his shares, one by the directors of the financial institution, bank holding company or other corporation, as the case may be, after the change in control is consummated and the third by the two so chosen. In the event the two appraisers are unable to agree on a third, then upon application by the dissenting shareholder or the directors, the Senior Superior Court Judge in the circuit wherein the bank or trust company is located shall within ten days after said application choose such third appraiser. The valuation agreed upon by any two or three appraisers thus chosen shall govern; but if the value so fixed shall not be satisfactory to any dissenting shareholder who has requested payment as provided herein, such shareholder may, within five days after being notified of the ap praisal value of his shares appeal to the Commissioner of Banking and Finance, in the case of a state bank, or to the Comptroller of Currency, in the case of a shareholder in a national bank, who shall cause a reappraisal to be made, which shall be final and binding as to the shares of the appellant. If within 90 days from the date of the consummation of the change in control, for any reason one or more of the appraisers are not selected as herein provided, or the appraisers fail to determine the value of the shares, the Comptroller of the Currency or the Commissioner of Banking and Finance, as the said case may be, shall, upon written request of any interested party, cause an appraisal to be made,

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which shall be final and binding on all parties. The expenses of the Comptroller and/or the Commissioner of Banking and Finance in making the reappraisal, or the appraisal as the case may be, shall be paid by the financial institution, bank holding company or other corporation acquiring control. Disposition of the shares of a dis senting shareholder acquired by a financial institution, bank hold ing company or other corporation under the provisions hereof shall be approved by the Comptroller of Currency or the Commissioner of Banking as said case may be. Such dissenting shareholder, at his sole option, shall be authorized to accept as payment for his bank shares any securities acceptable to him which may be legally used in acquiring such control, or for cash money of the United States of America. The sale may be for credit upon such terms as agreed to by the seller.

'(c) Any such dissenting shareholder shall give notice in writ ing of his desire to dispose of his said shares and the terms of such sale within 30 days after notice to him under subsection (a) of the change in control, and the acquiring party shall have 30 days after the notice in writing provided for in this subsection within which to deliver to the selling shareholder the cash, securities or other evidences of indebtedness as set forth in the written notice to sell."

By unanimous consent, the amendment offered by Senator Ballard of the 45th to SB 145 was withdrawn from consideration of the Senate.

Senator Warren of the 43rd offered the following amendment:
Amend SB 145 by deleting Section 29 on Page 22 and renumbering all Sections accordingly.

On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.

Senator Ballard of the 45th offered the following amendment:
Amend SB 145 by adding in the caption of the bill at line 28 on Page 2, after the word "cause;" the following:
"to provide for dissenters' rights in the event of a change in control of a bank or trust company, and to provide methods and procedures in connection with said rights."
And by renumbering Sections 27 through 50 as Sections 28 through 51, respectively, and by inserting after Section 26 of said bill a new Section 27, to read as follows:
"Section 27. Said Code Title is further amended by striking Code Section 41-A-2013 in its entirety and inserting in lieu thereof a new code section to read as follows:

FRIDAY, MARCH 7, 1975

1509

'41-A-2013. Change in Control.
(a) Whenever a change occurs in the ownership or right to vote, the outstanding shares of any bank or trust company which will result in the control or a change in the control of the bank or trust company, the president or other officer of such bank or trust company shall, within ten days after knowledge thereof, report such facts to the department and all shareholders. As used in this section, the term 'control' means the power to, directly or indirectly, direct or cause the direction of the management or policies of the institution. If there is any doubt as to whether a change in the ownership or voting rights of such shares is sufficient to result in control thereof or to effect a change in the control thereof, such doubt shall be resolved in favor 9f reporting the facts to the depart ment and all shareholders.

' (b) In the event of the control or change in control of a bank or trust company as defined in 41-A-2013> (a) ; Any shareholder has the right to demand for his shares fair value, which is defined as the highest price per share paid to any other shareholder in the process of acquiring control as set forth herein. In the alternative, and at the sole option of the dissenting shareholder, fair value may be established as of the date of tender by the dissenting shareholder by a committee of three persons, one to be selected by the dissenting shareholder entitled to receive the value of his shares, one by the directors of the financial institution, bank holding company or other corporation, as the case may be, after the change in control is con summated and the third by the two so chosen. In the event the two appraisers are unable to agree on a third, then upon application by the dissenting shareholder or the directors, the Senior Superior Court Judge in the circuit wherein the bank or trust company is located shall within ten days after said application choose such third appraiser. The valuation agreed upon by any two or three appraisers thus chosen shall govern; but if the value so fixed shall not be satisfactory to any dissenting shareholder who has requested payment as provided herein, such shareholder may, within five days after being notified of the appraisal value of his shares appeal to the Commissioner of Banking and Finance, in the case of a state bank, or to the Comptroller of Currency, in the case of a share holder in a national bank, who shall cause a reappraisal to be made, which shall be final and binding as to the shares of the appellant. If within &0 days from the date of the consummation of the change in control, for any reason one or more of the appraisers are not selected as herein provided, or the appraisers fail to determine the value of the shares, the Comptroller of the Currency or the Com missioner of Banking and Finance, as the said case may be, shall, upon written request of any interested party, cause an appraisal to be made, which shall be final and binding on all parties. The expenses of the Comptroller and/or the Commissioner of Banking and Finance in making the reappraisal, or the appraisal as the case may be, shall be paid by the financial institution, bank holding company or other corporation acquiring control. Disposition of the shares of a dissenting shareholder acquired by a financial institu tion, bank holding company or other corporation under the pro visions hereof shall be approved by the Comptroller of Currency or

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JOURNAL OP THE SENATE,

the Commissioner of Banking as said case may be. Such dissenting shareholder, at his sole option, shall be authorized to accept as payment for his bank shares any securities acceptable to him which may be legally used in acquiring such control, or for cash money of the United States of America. The sale may be for credit upon such terms as agreed to by the seller.

' (c) Any such dissenting shareholder shall give notice in writ ing of his desire to dispose of his said shares and the terms of such sale within 30 days after notice to him under subsection (a) of the change in control, and the acquiring party shall have 30 days after the notice in writing provided for in this subsection within which to deliver to the selling shareholder the cash, securities or other evidences of indebtedness as set forth in the written notice to sell."

On the adoption of the amendment, Senator Langford of the 51st called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Broun of 46th Brown of 47th Carter Duncan Fincher

Foster Gillis Hudson Kennedy McGill Overby

Reynolds Russell Summers Timmons Turner Young

Those voting in the negative were Senators:

Banks Barker Barnes Bell Bond Brantley Coverdell Dean of 31st Doss Eldridge Garrard Hamilton of 26th

Hill Holley Holloway Howard Hudgins Kidd Langford Lester Lewis McDowell McDuffie Pearce

Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Traylor Tysinger Warren

Those not voting were Senators:

Dean of 6th

Hamilton of 34th

On the adoption of the amendment, the yeas were 18, nays 36, and the amendment was lost.

FRIDAY, MARCH 7, 1975

1511

Senator Thompson of the 32nd offered the following amendment:

Amend SB 145 on Page 6, line 23, by deleting the period and adding the following:

", provided said financial institution is not examined, regulated and/or controlled by the Department, or owned or controlled by another bank or corporation which is or may be examined, regulated and/or controlled by the Department."

On the adoption of the amendment, the yeas were 43, nays 1, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Bond Brantley Broun of 46th Coverdell Dean of 31st Eldridge Garrard Gillis Hamilton of 26th

Hill Holley Holloway Howard Hudgins Hudson Kennedy Langford Lester Lewis McDowell McDuffie

McGill Pearce Riley Robinson Shapard Starr Stephens Stumbaugh Thompson Traylor Tysinger Warren

Those voting in the negative were Senators:

Ballard Brown of 47th Carter Doss Duncan Fincher

Foster Kidd Overby Reynolds Russell Summers

Sutton Tate Timmons Turner Young

Those not voting were Senators:

Dean of 6th

Hamilton of 34th

On the passage of the bill, the yeas were 37, nays 17.

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JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Duncan of the 30th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 145.

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 707. By Representatives Castleberry of the lllth, Murphy of the 18th, Wood of the 9th and others:
A bill to amend the "Georgia Motor Vehicle Accident Reparations Act", so as to change the definition of the term "owner" as used in said Act to include associations of persons in whose names taxicabs are regis tered.

Senator Holloway of the 12th 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:

SR 108. By Senator Riley of the 1st:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Marcona Ter minal Company, a Nevada corporation, its successors and assigns, in cluding Savannah Port Authority, a body corporate and politic created by Act of the Georgia General Assembly, an easement over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Georgia.

The Committee on Public Utilities offered the following substitute to SR 108:
A RESOLUTION
Authorizing the Governor, for and on behalf of the State of Georgia, to grant and convey to Marcona Terminal Company, a Nevada corpora tion, its successors and assigns, including Savannah Port Authority, a body corporate and politic created by Act of the Georgia General As sembly, an easement over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham Coun-

FRIDAY, MARCH 7, 1975

1513

ty, Georgia, for the construction, installation, operation, maintenance, repair, replacement of berthing, docking and storage facilities and im provements, including a conveyor system, and for navigational dredging, to be used in connection with the receiving, storage and transshipment of various products, to be built over, under, across or through such State-owned or claimed properties; and for other purposes.
WHEREAS, Marcona Terminal Company, a Nevada corporation, is the owner of an estate for a term for years of a tract of land in Chatham County, Georgia, on which it proposes to construct a manu facturing, handling and processing plant, in connection with which it intends to receive and dispatch water borne cargos, thereby requiring berthing, docking and storage facilities and improvements, including a conveyor system; and
WHEREAS, the proposed facilities are to be located adjacent to the property of Marcona Terminal Company on certain property owned or claimed by the State of Georgia in Chatham County, Georgia; and
WHEREAS, Marcona Terminal Company now holds a revocable permit from the State of Georgia for such facilities as well as the requisite permits from the U. S. Army Corps of Engineers for the con struction and maintenance thereof; and

WHEREAS, Savannah Port Authority, a body corporate and politic created by Act of the Georgia General Assembly, has arranged for fi nancing the construction of such facilities through the issuance of bonds, in connection with which the title of Marcona Terminal Company to its property and its easement from the State will be conveyed to Savannah Port Authority; and
WHEREAS, except as provided by legislative act, the State of Georgia may grant only a revocable license for the construction and maintenance of such improvements and facilities under, over, through or across State-owned properties, for any term exceeding one year; and
WHEREAS, it is deemed beneficial to the State of Georgia for such facilities to be established, and the State of Georgia is willing to grant and convey an irrevocable easement in consideration of the monetary sum specified herein and for the further consideration of the easement containing such terms and conditions as the Governor shall determine to be in the best interests of the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that for and in consideration of the prem ises and the payment into the General Treasury of the State of Georgia of the sum of $1,000.00, the Governor of Georgia, for and on behalf of the State of Georgia, is hereby authorized to convey to Marcona Termi nal Company, a Nevada corporation, its successors and assigns, specific ally including Savannah Port Authority, a body corporate and politic created by Act of the Georgia General Assembly, an easement for the term of 2-5 years with the right and privilege for itself, its successors and assigns, to use, occupy, employ and enjoy for the purposes of con-

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structing, installing, operating, maintaining, repairing, removing and replacing berthing, docking and storage facilities and improvements, including a conveyor system and all facilities and improvements that shall be reasonably for or in connection therewith, and of dredging the river bottom for navigational purposes, across, under, over and through the bed or bottom of the Savannah River and the inter-tidal area on the South bank thereof, hereinafter more fully described, subject always to their initial and continuing compliance with all applicable laws per taining to the subject matter hereof and to the properties affected here by and subject always to the use and enjoyment by the public of any streams involved herein, the property subject to said easement being more particularly described as follows:

ALL that portion of river bottom and inter-tidal land situate, lying and being in Chatham County, Georgia, and being described as follows:

Beginning at a point designated as X = 850,426,37 Y = 759,488.88 according to the Georgia State Plane Grid System, East Zone, and run ning thence North 70 04' East along the South edge of the Channel of Savannah River (as now designated by the U. S. Army Corps of Engi neers) a distance of 1,525.0 feet to a point; running thence South 19 56' East a distance of 3:50 feet, more or less, to a point on the mean high water mark on the South bank of Savannah River; running thence in a westerly direction along the mean high water mark of the South bank of Savannah River a distance of 1,000 feet, more or less, to a point on the eastern side of the mouth of a drainage ditch; running thence in a southeasterly direction along the eastern bank of said drainage ditch a distance of 190 feet, more or less; running thence across said drainage ditch in a southwesterly direction a distance of 20 feet, more or less; running thence in a northwesterly direction along the western bank of said drainage ditch a distance of 200 feet, more or less, to a point on the mean high water mark on the South bank on the Savannah River; running thence in a westerly direction along the mean high water mark of the South bank of the Savannah River a distance of 500 feet, more or less, to a point on said mean high water mark which lies on a line South 19 56' East from the point of beginning as hereinabove established; running thence North 19 56'' West a distance of 425 feet, more or less, to the point of beginning.

All as will more fully appear by reference to that certain plat of said property dated January 23, 1975, made by Thomas & Hutton Engineering Company, entitled "Plat of an Easement from Georgia Properties Commission to Marcona Terminal Company, et al," a copy of which is in the files of the Commissioner of the Department of Natural Resources, and to which reference is hereby expressly made.

The right to dredge the river bottom within the easement area shall, within the scope of the permits heretofore or hereafter granted by the U. S. Army Corps of Engineers, be for the purpose only of improving navigation.
In the event on April 1, 1975, a State Properties Commission is in existence, such Commission is hereby authorized to grant the interest herein provided.

FRIDAY, MARCH 7, 1975

1515

On the adoption of the substitute, the yeas were 37, nays 0, 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.

On the adoption of the resolution, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hill Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger

Those not voting were Senators:

Dean of 6th Duncan Hamilton of 34th

Holley Holloway (presiding) Langford

Russell Warren Young

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

Senator Riley of the 1st moved that SR 108 be immediately transmitted to the House.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SR 108 was immediately transmitted to the House.

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JOURNAL OF THE SENATE,

SR 113. By Senators Stumbaugh of the 55th, Holloway of the 12th, Hudgins of the 15th and others:

A RESOLUTION

Proposing an amendment to the Constitution, so as to authorize counties and municipalities to grant a partial or complete exemption from ad valorem property taxes levied by such county or municipality on certain tangible property; to require the approval of such exemption by the electors of the county or municipality; to provide conditions and limitations on such exemption; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end of said paragraph, the fol lowing :
"A county or municipality may grant a partial or complete exemption from ad valorem property taxes levied by such county or municipality on particular tangible property used for a specific industrial or commercial purpose within the county or municipality. Such exemption shall be granted by ordinance or resolution condi tioned upon approval in a referendum by a majority of the electors of such county or municipality. Such exemption shall not exceed seven years in duration; shall not preclude such county or munici pality from charging fees for services furnished to the exempt property or levying assessments against the exempt property for capital improvements; shall be conditioned on the use of the ex empt property in accordance with applicable laws, ordinances and regulations; and shall be repaid to such county or municipality in full if the specific industrial or commercial use of the property for which the tax exemption was granted is changed at any time be tween the time such tax exemption was approved by the electors of such county or municipality and five years after such tax ex emption expires."
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 counties and municipalities to grant par tial or complete exemptions from ad valorem
( ) NO property taxes levied by such county or munici pality on certain tangible property; to require the approval of such exemptions by the electors of such county or municipality; and to provide conditions and limitations on such exemptions?"

FRIDAY, MARCH 7, 1975

1617

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 McGill of the 24th offered the following amendment:
Amend SR 113 by adding on Page 1, line 17 and on Page 2, line 2, after the word "industrial" and before the word "or" the following:
", farmlands".

On the adoption of the amendment, the yeas were 25, nays 17, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

The resolution, proposing an amendment to the Constitution, a roll call was ordered by Senator Holloway of the 12th, who was presiding, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Brantley Broun of 46th Brown of 47th Carter Doss Eldridge Pincher Foster Garrard Gillis Hamilton of 26th

Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Starr Stephens Stumbaugh Summers Tate Timmons Traylor Tysinger Warren Young

Those voting in the negative were Senators:

Banks Barnes Bell Coverdell

Dean of 31st Hill Robinson

Shapard Sutton Turner

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Bond Dean of 6th Duncan

Hamilton of 34th Holloway (presiding) Hudgins

Russell Thompson

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 38, nays 10.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted as amended.

Senator Shapard of the 28th gave notice that, at the proper time, she would move that the Senate reconsider its action in adopting SR 113.

HB 67. By Representative Wall of the 61st:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission so as to require periodic and terminal billings for electric, gas and water services to note certain items in a conspicuous manner.

The Committee on Public Utilities offered the following substitute to HB 67:
A BILL
To be entitled an Act to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission, as amended, so as to require periodic and terminal billings for electric, gas and water services to note certain items in a conspicuous manner; to provide for exceptions; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission, as amended, is hereby amended by adding thereto a new Code Section, to be designated Code Section 93-309.3, to read as follows:
"93-309.3. Billings for electric, gas or water service; notation of rates and meter reading. Upon the face or back of each periodic and terminal billing for retail consumption of electric, gas and water services there shall appear a conspicuous notation of charges for fuel adjustment; and the meter reading upon which the billing

FRIDAY, MARCH 7, 1975

1519

was computed, including the previous reading and consumption. Where a customer is on a voluntary 'budget bill' or 'levelized bill' agreement, the actual consumption for any period of time may be omitted until the annual anniversary account billing. The rates applicable to such billing shall be made readily available to the cus tomer upon demand, on which his bill was computed, and a notation shall so appear on the face of the bill where the rates can be obtained."

Section 2. This Act shall become effective on July 1, 1976.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 35, nays 0, 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, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Brown of 47th Carter
Coverdell Doss
Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th

Hill

Holley

.

Howard

Hudson

Kennedy

Kidd

Langford

Lester

Lewis

McDowell

McDuffie

McGill

Overby

Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers
Tate Timmons
Traylor Turner Tysinger Warren

Those voting in the negative were Senators Dean of 31st and Sutton.

Those not voting were Senators:

Bond Broun of 46th Dean of 6th Duncan

Hamilton of 34th Holloway (presiding) Hudgins

Russell Thompson Young

On the passage of the bill, the yeas were 44, nays 2.

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JOURNAL OP THE SENATE,

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 89. By Representative Ham of the 80th:
Senate Sponsor: Senator Banks of the 17th.
A bill to amend an Act known as the "Electric Membership Corporations Act" so as to provide that directors of electric membership corporations may be compensated for their services rendered on behalf of such cor porations.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Brown of 47th
Carter Coverdell Dean of 31st Doss Eldridge Fincher Poster Garrard Gillis Hamilton of 26th

Hill Holley Howard Hudgins Hudson
Kennedy Kidd
Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Shapard Starr Stephens Stumbaugh Summers
Button Tate Thompson Timmons Traylor
Turner Tysinger Warren Young

Those not voting were Senators:

Bond Broun of 46th Dean of 6th

Duncan Hamilton of 34th Holloway (presiding)

Robinson Russell

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 7, 1975

1521

HB 377. By Representatives McDonald of the 12th, Smith of the 78th and Hutchinson of the 133rd:
Senate Sponsor: Senator Reynolds of the 48th.
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, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford
Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard
Starr Stephens Stumbaugh Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Dean of 6th Duncan

Hamilton of 34th Holloway (presiding)

Russell Summers

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 488. By Representative Miles of the 86th: Senate Sponsor: Senator Lester of the 23rd. A bill to amend Ga. Laws 1937, pp. 109, 110, as amended, particularly

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JOURNAL OF THE SENATE,

by Ga. Laws 1971, pp. 605, 606, relating to the taxable net income of a nonresident for income tax purposes; to provide for a more explicit explanation concerning the taxation of the income of nonresidents derived from sources in Georgia; 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, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Riley Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators Hill and Shapard.

Those not voting were Senators:

Ballard Bond Dean of 6th Duncan

Hamilton of 34th Holloway (presiding) Reynolds

Robinson Russell Summers

On the passage of the bill, the yeas were 44, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 491. By Representative Miles of the 86th:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend Section 92-3002 of the Code of Georgia relating to the definition of the word "nonresident" for income tax purposes, to clarify the definition of the word "nonresident".

FRIDAY, MARCH 7, 1975

1523

Senator Shapard of the 28th offered the following amendment:

Amend HB 491 by striking on Page 1, line 26, after the word "within" the word "georgia", and inserting the word "Georgia;".

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barnes Bell
Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th
Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Riley Robinson Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Ballard Barker Dean of 6th

Duncan Hamilton of 34th Holloway (presiding)

Reynolds Russell Summers

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 492. By Representative Miles of the 86th:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend Section 92-3201 of the Code of Georgia to provide a definition of who must file an income tax return.

1524

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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those voting in the negative were Senators Doss and Hudson.

Those not voting were Senators:

Dean of 6th
Duncan Hamilton of 34th

Holloway (presiding) Robinson

Russell Young

On the passage of the bill, the yeas were 47, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 493'. By Representatives Miles of the 86th and Connell of the 87th:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to clarify the provisions of existing law which allow to each dealer a deduction equal to three percent (3'%) of the amount of tax due under said Act.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 7, 1975

1525

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Pincher Foster Garrard

Gillis Hamilton of 26th Hill Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Dean of 6th Duncan

Hamilton of 34th Holley Holloway (presiding)

Russell Summers

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 7. By Representative Shanahan of the 7th: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Mr. Paul Roach.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

1526

JOURNAL OF THE SENATE,

Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hill Howard Hudson Kennedy

Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Shapard

Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Dean of 6th Duncan

Hamilton of 34th Holley

Holloway (presiding) Russell

On the adoption of the resolution, the yeas were 49, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

HR 11. By Representatives Hudson of the 137th and Irwin of the 130th: Senate Sponsor: Senator Broun of the 46th. A resolution compensating the Williams Brothers Grocery Company.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hill Howard Hudson Kennedy Kidd

Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

FRIDAY, MARCH 7, 1975

1527

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Button

Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Dean of 6th Duncan

Hamilton of 34th Holley

Holloway (presiding) Russell

On the adoption of the resolution, the yeas were 49, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

HR 20. By Representative Davis of the 56th: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Mr. J. Fred Holland.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell
Bond Brantley
Broun of 46th Brown of 47th Carter Coverdell
Dean of 31st Doss

Eldridge Fincher Foster Garrard Gillis
Hamilton of 26th Hill
Howard Hudson Kennedy Kidd
Langford Lester

Lewis McDowell McDuffie McGill Overby
Pearce Reynolds
Riley Robinson Shapard Starr
Stephens Stumbaugh

1528
Summers Sutton Tate Thompson

JOURNAL OF THE SENATE,

Timmons Traylor Turner

Tysinger Warren Young

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Dean of 6th Duncan

Hamilton of 34th Holley

Holloway (presiding) Russell

On the adoption of .the resolution, the yeas were 49, nays 1. The resolution, having received the requisite constitutional majority, was adopted.

HR 52. By Representative McKinney of the 35th: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Mr. Alfred L. Knox.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Voting in the negative was Senator Hudgins.

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

FRIDAY, MARCH 7, 1975

Those not voting were Senators:

Dean of 6th Duncan

Hamilton of 34th Holley

1529
Holloway (presiding) Russell

On the adoption of the resolution, the yeas were 49, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

HR 54. By Representative Larsen of the 27th: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Mr. and Mrs. Gerald F. Thrift.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Dean of 6th Duncan

Hamilton of 34th Holley

Holloway (presiding) Russell

1530

JOURNAL OF THE SENATE,

On the adoption of the resolution, the yeas were 49, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

HR 55. By Representative Larsen of the 27th: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Mr. James H. Bohannon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Dean of 6th Duncan

Hamilton of 34th Holley

Holloway (presiding) Russell

On the adoption of the resolution, the yeas were 49, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, MARCH 7, 1975

1531

HR 61. By Representative Kreeger of the 21st: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Mr. Roy M. Lingefelt.

The Committee on Appropriations offered the following amendment: Amend HR 61 by striking on Page 1, line 10, the following: "$3,000.00",
and substituting in lieu thereof the following: "$306.89",
and By striking on Page 1, line 18, the following: "$3,000.00",
and substituting in lieu thereof the following: "$306.89".

On the adoption of the amendment, the yeas were 38, nays 0, and the com mittee amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss

Fincher Foster Garrard Gillis Hamilton of 26th Howard Hudgins Hudson Kennedy Kidd Langford Lester

Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley Robinson Shapard Starr Stephens

1532
Stumbaugh Summers Button Tate

JOURNAL OF THE SENATE,

Thompson Timmons Traylor Turner

Tysinger Warren Young

Voting in the negative was Senator Eldridge.

Those not voting were Senators:

Barnes Dean of 6th Duncan

Hamilton of 34th Hill Holley

Holloway (presiding) Russell

On the adoption of the resolution, the yeas were 47, nays 1.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HR 91. By Representative Vaughn of the 57th: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Mr. William H. Sheperd.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

FRIDAY, MARCH 7, 1975

1533

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Dean of 6th Duncan

Hamilton of 34th Holley

Holloway (presiding) Russell

On the adoption of the resolution, the yeas were 49, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

HR 111. By Representative Logan of the 62nd: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Mr. David Ledet.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Dean of 6th Duncan

Hamilton of 34th Holley

Holloway (presiding) Russell

1534

JOURNAL OP THE SENATE,

On the adoption of the resolution, the yeas were 49, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

HR 120. By Representative Childs of the 51st: Senate Sponsor: Senator Broun of the 46th. A resolution compensating Mr. Carl Perrin.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Riley Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Dean of 6th Duncan

Hamilton of 34th Holley

Holloway (presiding) Russell

On the adoption of the resolution, the yeas were 49, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, MARCH 7, 1975

1535

The following resolution of the Senate was read and adopted:

SR 147. By Senator Dean of the 31st:
A resolution commending the First Baptist Church Youth Choir and Hand Bell Ensemble of Cedartown, Georgia.

The following resolution of the House was read and adopted:

HR 301. By Representative Harris of the 8th: A resolution relative to adjournment.

The following bills of the House were read the first time and referred to com mittees :

HB 259. By Representative Connell of the 87th:
A bill to amend an Act establishing the State Employees' Retirement System so as to change the retirement requirements and benefits for certain personnel of the Department of Revenue. Referred to Committee on Retirement.

HB 413. By Representative Connell of the 87th:
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. Referred to Committee on Consumer Affairs.

HB 707. By Representatives Castleberry of the lllth, Murphy of the 18th, Wood of the 9th and others:
A bill to amend the "Georgia Motor Vehicle Accident Reparations Act", so as to change the definition of the term "owner" as used in said Act to include associations of persons in whose names taxicabs are registered. Referred to Committee on Transportation.

HB 851. By Representatives Cole of the 6th, Burruss of the 21st, Pinkston of the 100th and others:
A bill to provide for retained amounts on certain water and sewer contracts; to provide for an alternate escrow procedure for such reten tion. Referred to Committee on Transportation.

1536

JOURNAL OP THE SENATE,

HB 858. By Representatives Tolbert and Davis of the 56th, Harden of the 154th and others:
A bill to amend an Act known as the "Adequate Program for Educa tion in Georgia Act" so as to prohibit the employment of certain persons as teachers. Referred to Committee on Education.

HB 893. By Representatives Lane of the 81st, Cole of the 6th, Sweat of the 150th and others:
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation so as to authorize the Commissioner of Transportation or the Deputy Commissioner of Transportation to simultaneously serve as State Highway Engineer.
Referred to Committee on Transportation.

HB 971. By Representatives Burruss of the 21st, Waddle of the 113th, Kreeger of the 21st and others:
A bill comprehensively to revise and codify the laws of this State regulating the practice of professional engineering and the practice of land surveying; to amend Code Title 84, relating to professions and trades, so as to codify the laws relating to professional engineering and land surveying as Code Chapter 84-21.
Referred to Committee on Industry, Labor and Tourism.

The President announced the Senate would stand in recess from 3:15 o'clock P.M. until 6:00 o'clock P.M. according to the provisions of HR 301.

The President called the Senate to order at 6:00 o'clock P.M.

Senator Broun of the 46th moved that the Senate do now adjourn under provisions of HR 301 until 10:00 o'clock A.M. Monday, March 10, and the motion prevailed. The President announced the Senate adjourned until 10:00 o'clock A.M. Monday, March 10 at 6:05 o'clock P.M.

MONDAY, MARCH 10, 1975

1537

Senate Chamber, Atlanta, Georgia Monday, March 10, 1975

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.

Senator Holley of the 22nd moved that the Senate reconsider its action of March 7 in defeating the following bill of the Senate:

SB 146. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and Starr of the 44th:
A bill to amend Code Section 13-203.1 relating to bank offices and bank facilities, as amended, so as to provide for the establishment of business production offices under certain conditions; to provide for the procedures connected therewith.

On the motion to reconsider, Senator Holley of the 22nd called for the yeas and nays, and the call was sustained.

The vote was as follows:

Those voting in the affirmative were Senators:

Brantley Broun of 46th Coverdell Eldridge Garrard Hamilton of 26th

Hamilton of 34th Holley Holloway Howard Hudgins Hudson

Langford Lester Pearce Stumbaugh Tysinger Warren

Those voting in the negative were Senators:

Banks Barker
Barnes Brown of 47th Carter Doss Duncan Foster

Hill Kennedy Kidd Lewis McDuffie McGill Overby Reynolds

Those not voting were Senators:

Ballard Bell Bond Dean of 6th Dean of 31st

Fincher Gillis McDowell Riley Robinson

Russell Shapard Summers Sutton Thompson Timmons Turner Young
Starr Stephens Tate Traylor

1538

JOURNAL OF. THE SENATE,

On the motion, the yeas were 18, nays 24, and the motion to reconsider SB 146 was lost.

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 290. By Representatives Adams of the 36th and Carnes and Greer of the 43rd:
A bill to amend the Act providing a system of pensions and other bene fits for members of paid fire departments in cities having a population of more than 150,000, so as to provide increased pension benefits for such members and their dependents.

HB 793. By Representatives Foster and Wheeler of the 152nd: A bill to provide for expense allowances for the chairman and members of the board of commissioners in all counties of this State having a population of not less than 5,900 and not more than 6,000.
HB 863. By Representative Connell of the 87th: 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 authorize the board to regulate and control access points and utility excavations on county roads.
HB 919. By Representatives Foster and Wheeler of the 152nd: A bill to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court and the Tax Commissioner of Brantley County; to provide for the pay ment of the cost-of-living increase in compensation out of the general funds of Brantley County.
HB 942. By Representatives Foster and Wheeler of the 152nd: A bill to provide for the election of members of the Board of Education of Brantley County; to provide for education posts.
HB 976. By Representatives Carlisle and Mostiler of the 71st: A bill to amend an Act creating a new charter for the Town of Brooks

MONDAY, MARCH 10, 1975

1539

so as to change the terms of office of the mayor and councilmen; to provide for the numbering of Posts on the council.

HB 1020. By Representative Tucker of the 73rd: A bill to create a new Charter for the City of Hampton, Georgia.

HB 1021. By Representative Tucker of the 73rd:
A bill to amend an Act requiring the Board of Education and the School Superintendent of Henry County to publish a monthly financial state ment of receipts and disbursements and the annual itemized report of the examination by the State Department of Audits of the Henry County Board of Education.

HB 1022. By Representative Tucker of the 73rd:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the judge of the probate court of Henry County on an annual salary in lieu of the fee system of compensation so as to provide that the salary of the chief deputy of the sheriff shall be fixed by the govern ing authority of Henry County.

HB 1023. By Representative Tucker of the 73rd:
A bill to amend an Act known as the "Henry County Development Authority Act" so as to change the method of appointing the members of the Authority; to provide for the appointment of the members of the Authority by the Board of Commissioners of Henry County.

HB 1036. By Representative Tucker of the 73rd:
A bill to amend an Act incorporating the City of Stockbridge so as to change the corporate limits; to change the municipal general election date; to provide for a referendum.

SB 171. By Senator Broun of the 46th:
A bill to amend an Act creating the Board of Commissioners of Oconee County, as amended, so as to change the provisions relating to the com position and election of the said board of commissioners.

SB 273. By Senator Summers of the 53rd:
A bill to amend an Act placing the Sheriff of Dade County on an annual salary in lieu of the fee system of compensation, as amended, so as to provide that if the sheriff does not submit a proposed budget by a certain date, the budget for the current year shall be the budget for the ensuing fiscal year.

1540

JOURNAL OF THE SENATE,

HB 820. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend an Act known as the "Insurance Premium Finance Com pany Act" so as to change the amount of the annual license fee; to pro vide for additional requirements for licenses; to provide for bonds or deposits.

HB 990. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act creating the Department of Commerce so as to provide for the membership of the Board of Commissioners of the De partment of Community Development by April 1, 1979.

SB 104. By Senator Howard of the 42nd:
A bill to amend Code Section 88-508.2, relating to expenses for hearings held as a part of incompetency proceedings, so as to change certain fees.

HB 671. By Representatives Burton of the 47th, Patten of the 146th and Noble of the 48th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to provide certain requirements relative to the certification of teachers, principals and guidance counselors.

The House has agreed to the Senate substitute to the House substitute to the following bill of the Senate, to-wit:

SB 131. By Senator Kidd of the 25th:
A bill to completely and exhaustively revise, supersede and consolidate the laws relating to the State Personnel Board and the State Merit System of Personnel Administration; to provide for a declaration of purpose; to define certain terms; to prescribe the functions, powers and duties of the board.

The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:

HR 242. By Representative Peters of the 2nd:
A resolution recognizing the City of Fort Oglethorpe as an urban in corporated municipality.

HR 243. By Representatives Harden of the 154th and Leggett of the 153rd:
A resolution abandoning certain property in the City of Brunswick, Glynn County, Georgia, for use by the Brunswick Port Authority.

MONDAY, MARCH 10, 1975

1541

HR 143. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 13'4th and White of the 132nd:
A resolution authorizing the State Librarian to furnish the new Judge of the Superior Court of the Dougherty Judicial Circuit with certain books.

The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

HB 762. By Representative Hatcher of the 131st:
A bill to amend Code Section 79A-828, relating to forfeitures under the "Georgia Controlled Substances Act", so as to provide for forfeiture of conveyances in which certain amounts of marijuana is found.

The House insists on its substitute and has appointed a Committee of Con ference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the Senate, to-wit:

SB 111. By Senator Holloway of the 12th:
A bill to amend Code Section 47-107, relating to the salary and allow ances of members of the General Assembly, as amended, so as to pro vide for compensation of the Administration Floor Leader and Assistant Floor Leaders of the Senate and Administration Floor Leader and Assistant Administration Floor Leaders of the House of Representatives.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Edwards of the 110th, Connell of the 87th and Lee of the 72nd.

The House insists on its position in disagreeing to the Senate amendments to the House amendment 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 Senate, to-wit.

SB 243. By Senator Traylor of the 3rd:
A bill to provide for the compensation of judges of the State courts in certain counties of this State; to provide an effective date.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Clifton of the 107th, Nessmith of the 82nd and Lane of the 81st.

1542

JOURNAL OF THE SENATE,

The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

HB 825. By Representatives Lambert of the 112th and Vaughn of the 57th:
A bill to amend the Executive Reorganization Act of 1972 so as to pro vide for a Bureau of Industry and Trade within the Department of Community Development; to provide for a Bureau of Community Affairs within the Department of Community Development; to provide for a Commissioner of Industry and Trade; to provide for a Commissioner of Community Affairs; to provide for the reorganization of the functions within the Department of Community Development.

HB 841. By Representatives Knight of the 67th, Bray of the 70th, Larsen of the 119th and others:
A bill to provide that it shall be unlawful for any person to avoid or attempt to avoid the payment for telecommunication services; to provide that it shall be unlawful for any person knowingly to make or possess any apparatus, equipment or electronic device designed, adapted or used or for commission of a theft of telecommunication service or to conceal the existence or place of origin or destination of any telecom munication.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 138. By Senator Starr of the 44th:
A bill to amend Code Title 93, relating to the Georgia Public Service Commission, so as to create the Office of Consumers' Utility Counsel; to provide for the appointment, compensation, expenses, qualifications, term, duties and powers.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 377. By Senator Doss of the 52nd:
A bill to amend Code Chapter 56-5, relating to the rates for casualty, surety, vehicle, property, and marine and transportation insurance, as amended, so as to provide for mandatory agreements for apportionment of certain casualty insurance; to provide for a determination of necessity by Commissioner; to provide for approval and revocation of such agree ments. Referred to Committee on Banking, Finance and Insurance.

SB 378. By Senators McDowell of the 2nd, Riley of the 1st, Sutton of the 9th and others:
A bill to provide that if any Act, law, Resolution, Code Section, or any

MONDAY, MARCH 10, 1975

1543

portion thereof, or any other legislation enacted by the General As sembly subsequent to January 1, 1975, shall be declared unconstitutional by any final judgment of any court of competent jurisdiction, the State of Georgia shall be liable for all costs incurred by the parties to such litigation which results in such declaration plus reasonable and neces sary attorney fees.
Referred to Committee on Judiciary.

SB 379. By Senator Shapard of the 28th:
A bill to amend an Act creating a Board of Commissioners for the counties of Spalding and Butts, as amended, so as to provide for ad ministrative personnel and clerical assistance for the Board of Com missioners of Spalding County. Referred to Committee on County and Urban Affairs.

SB 380. By Senator Holley of the 22nd:
A bill to amend an Act known as the "Development Authorities Law", as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development. Referred to Committee on County and Urban Affairs.

SB 381. By Senators Barnes of the 33rd and Thompson of the 32nd:
A bill to amend an Act providing for a new charter for the City of Marietta, Georgia, as amended, so as to extend the corporate limits of said City. Referred to Committee on County and Urban Affairs.

SB 382. By Senator Traylor of the 3rd:
A bill to amend an Act creating the Board of Commissioners of Bryan County, as amended, so as to change the provisions relating to the elec tion of members of the board; to provide for the election of the chairman and vice chairman; to provide for other matters relative thereto; to provide for a referendum.
Referred to Committee on County and Urban Affairs.

SB 383. By Senator Langford of the 51st:
A bill to amend Code Section 27-405, providing that the courts of inquiry of this State shall hear all legal evidence submitted by either party, and shall permit the defendant to make his own statement, and to amend Code Section 38-415, relating to the statement of the accused in criminal trials and the procedure connected therewith, and to amend Code Section 26-401 (a), relating to general definitions and the definition of the term "affirmative defense".
Referred to Committee on Judiciary.

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SB 384. By Senator Kidd of the 25th:
A bill to amend an Act creating a new Charter for the City of Gordon, Georgia, as amended, so as to change the provisions relating to the election of the mayor and aldermen and their terms of office. Referred to Committee on County and Urban Affairs.

SB 385. By Senator Kidd of the 25th:
A bill to amend "The Veterans Education Reorganization Act of 1949", so as to provide for the exemption of veterans from the academic re quirements of physical education and to provide for six hours of credit to be applied to each veteran's record. Referred to Committee on Defense and Veterans Affairs.

SB 386. By Senator Howard of the 42nd:
A bill to amend Code Section 84-1412, relating to license fees for real estate brokers, associate brokers' and salesmen's licenses, as amended, so as to provide that no person shall be allowed to take any examination more than three times in any twelve-month period. Referred to Committee on Industry, Labor and Tourism.

SR 144. By Senator Holloway of the 12th:
A resolution authorizing the conveyance of certain real property located in Lee and Dougherty Counties, Georgia. Referred to Committee on Public Utilities.

SR 145. By Senators Russell of the 10th, Young of the 13th, Timmons of the llth and others:
A resolution relative to the economic plight and disaster experienced by and facing the cotton-producing sectors of the farming and agricul tural industry in the State of Georgia and the United States. Referred to Committee on Agriculture.

SR 146. By Senator Kidd of the 25th:
A resolution relative to academic requirements for veterans in the col leges of this State. 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 290. By Messrs. Adams of the 36th and Carnes and Greer of the 43rd: A bill to amend an Act approved Aug. 13, 1924, providing a system of pensions for members of paid fire departments in cities having a popula-

MONDAY, MARCH 10, 1975

1545

tion of more than 150,000, so as to provide increased pension benefits for such members and their dependents.
Referred to Committee on County and Urban Affairs.

HB 793. By Representatives Foster and Wheeler of the 152nd:
A bill to provide for expense allowances for the chairman and members of the board of commissioners in all counties of this State having a population of not less than 5,900 and not more than 6,000. Referred to Committee on County and Urban Affairs.

HB 863. By Representative Connell of the 87th:
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; to define their powers and duties; and for other purposes.", so as to authorize the board to regulate and control access points and utility excavations on county roads. Referred to Committee on County and Urban Affairs.

HB 919. By Representatives Foster and Wheeler of the 152nd:
A bill to provide for a cost-of-living increase in compensation for the Sheriff, Probate Court Judge, Clerk of Superior Court and Tax Com missioner of Brantley County. Referred to Committee on County and Urban Affairs.

HB 942. By Representatives Foster and Wheeler of the 152nd:
A bill to provide for the election of members of the Board of Education of Brantley County; to provide for education posts. Referred to Committee on County and Urban Affairs.

HB 976. By Representatives Carlisle and Mostiler of the 71st: A bill to amend an Act creating a new charter for the Town of Brooks so as to change the terms of office of the mayor and councilmen; to provide for the numbering of Posts on the council.
Referred to Committee on County and Urban Affairs.
HB 1020. By Representative Tucker of the 73rd: A bill to create a new Charter for the City of Hampton, Georgia, in the county of Henry.
Referred to Committee on County and Urban Affairs.
HB 1021. By Representative Tucker of the 73rd: A bill to amend an Act requiring the Board of Education and the School Superintendent of Henry County to publish a monthly financial state-

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ment of receipts and disbursements and the annual itemized report of the examination by the State Department of Audits of the Henry County Board of Education.
Referred to Committee on County and Urban Affairs.

HB 1022. By Representative Tucker of the 73rd:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the judge of the probate court of Henry County on an annual salary in lieu of the fee system of compensation so as to provide that the salary of the chief deputy of the sheriff shall be fixed by the govern ing authority of Henry County.
Referred to Committee on County and Urban Affairs.

HB 1023. By Representative Tucker of the 73rd:
A bill to amend an Act known as the "Henry County Development Authority Act" so as to change the method of appointing the members of the Authority; to provide for the appointment of the members of the Authority by the Board of Commissioners of Henry County. Referred to Committee on County and Urban Affais.

HB 1036. By Representative Tucker of the 73rd:
A bill to amend an Act incorporating the City of Stockbridge so as to change the corporate limits; to change the municipal general election date; to provide for a referendum. Referred to Committee on County and Urban Affairs.

HB 671. By Representatives Burton of the 47th, Patten of the 146th and Noble of the 48th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to provide certain requirements relative to the certification of teachers, principals and guidance counselors. Referred to Committee on Education.

HB 762. By Representative Hatcher of the 131st:
A bill to amend Code Section 79A-828, relating to forfeitures under the "Georgia Controlled Substances Act", so as to provide for forfeiture of conveyances in which certain amounts of marijuana is found. Referred to Committee on Judiciary.

HB 820. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
A bill to amend an Act known as the "Insurance Premium Finance Com pany Act" so as to change the amount of the annual license fee; to pro-

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1547

vide for additional requirements for licenses; to provide for bonds or deposits.
Referred to Committee on Banking, Finance and Insurance.

HB 825. By Representatives Lambert of the 112th and Vaughn of the 57th:
A bill to amend the Executive Reorganization Act of 1972 so as to pro vide for a Bureau of Industry and Trade within the Department of Com munity Development; to provide for a Bureau of Community Affairs within the Department of Community Development; to provide for a Commissioner of Industry and Trade; to provide for a Commissioner of Community Affairs; to provide for the reorganization of the func tions within the Department of Community Development.
Referred to Committee on Industry, Labor and Tourism.

HB 841. By Representatives Knight of the 67th, Bray of the 70th, Larsen of the 119th and others:
A bill to provide that it shall be unlawful for any person to avoid or attempt to avoid the payment for telecommunication services; to pro vide that it shall be unlawful for any person knowingly to make or possess any apparatus, equipment or electronic device designed, adapted or used or for commission of a theft of telecommunication service or to conceal the existence or place of origin or destination of any telecom munication.
Referred to Committee on Judiciary.

HB 990. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act creating the Department of Commerce so as to provide for the membership of the Board of Commissioners of the De partment of Community Development by April 1, 1979. Referred to Committee on Industry, Labor and Tourism.

HR 143. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th and White of the 132nd:
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 242. By Representative Peters of the 2nd:
A resolution recognizing the City of Fort Oglethorpe as an urban incorporated municipality. Referred to Committee on County and Urban Affairs.

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HR 243. By Representatives Harden of the 154th and Leggett of the 153rd:
A resolution abandoning certain property in the City of Brunswick, Glynn County, Georgia, for use by the Brunswick Port Authority. Referred to Committee on County and Urban Affairs.

The following reports of standing committees were read by the Secretary:

Senator Stephens of the 36th District, Chairman of the Committee on Con sumer Affairs, submitted the following report:
Mr. President:
Your Committee on Consumer Affairs 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 430. Do pass by substitute.
Respectfully submitted, Stephens of 39th 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 of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendation :

HB 856. Do pass.

Respectfully submitted, Kidd of 25th District, Chairman.

Senator Doss of the 52nd District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. President:
Your Committee on Higher Education has had under consideration the follow ing bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 255. Do pass by substitute.
Respectfully submitted, Doss of 52nd District, Chairman.

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1549

The following bills and resolutions of the Senate and House were read the second time:

SB 262. By Senators Starr of the 44th, Kennedy of the 4th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the "Ga. Correctional Industries Act", approved Mar. 17, 1960 (Ga. L. 1960, p. 880), as amended, so as to au thorize the Administration to compensate certain inmates employed in correctional industries out of funds arising from the sale of services provided by or produced from the work of the inmates.

SB 263. By Senators Starr of the 44th, Kennedy of the 4th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act comprehensively and exhaustively revising and consolidating the laws relating to the State Board of Corrections, ap proved February 20, 1956 (Ga. Laws 1956, p. 161), as amended.

SB 285. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for the creation of a Consumer Advisory Board; to name the Administrator; to authorize the Administrator to conduct investigations; to provide for severability.

SB 296. By Senator Carter of the 14th:
A bill to amend an Act authorizing boards of education to purchase liability insurance or contracts of indemnity insuring or indemnifying board members, superintendents, administrators, and other employees against liability for damage in specified instances, approved Apr. 18, 1973 (Ga. Laws 1973, p. 1267).

SB 312. By Senator Dean of the 6th:
A bill to provide for the regulation of locksmiths; to define certain terms; to provide for a Board of Locksmith Registration; to provide for qualifications and examinations of locksmiths; to provide for bonds; to provide for rules and regulations; to prohibit certain conduct and activities; to provide penalties.

SB 321. By Senators Hill of the 29th and Lewis of the 21st:
A bill to provide that surplus funds designated as reserve funds accruing at the Georgia Warm Springs Hospital in any fiscal year shall not lapse to the State Treasury, but may be reserved by the Hospital as working capital. Such reserve shall be cumulative, but shall not exceed the total sum of one million dollars ($1,000,000).

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SB 326. By Senator Sutton of the 9th:
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, approved Feb. 25, 1953 (Ga. L. 1953, Jan. - Feb. Sess., p. 207), as amended, so as to include real estate brokers within the provisions of said Act.

SB 336. By Senators Starr of the 44th, Langford of the 51st and Howard of the 42nd:
A bill to amend Code Chapter 40-19, relating to the Supervisor of Pur chases, as amended by an Act approved Mar. 29, 1937 (Ga. Laws 1937, p. 503), so as to provide that before departments, institutions, and agencies of the State and its political subdivisions have to obtain all goods, wares, or merchandise from the Director of Corrections, the availability of such goods produced by inmates must be certified as available to the Purchasing Supervisor by the Director of Corrections.

SB 349. By Senator Russell of the 10th:
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 nursery stock or sod grass.

SB 361. By Senators Warren of the 43rd and Reynolds of the 48th:
A bill to revise, consolidate and modernize present laws relating to financial responsibility of operators or owners of motor vehicles upon the highways of this State and to establish new laws relating thereto; to codify such laws as Title 68C of the Code of Georgia of 1933, as amended.

SR 104. By Senators Tate of the 38th, Barker of the 18th and Kidd of the 25th:
A resolution urging the State Department of Education to devise a sick leave plan for certain public school educators.

SR 115. By Senators Coverdell of the 40th, Garrard of the 37th and Brantley of the 56th:
A resolution creating the Fulton County Transportation Study Com mission.

HB 20. By Representative Bray of the 70th:
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 any highway, roadway or street if the suspension system of such vehicle

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1551

has been altered more than two inches above or below the factory recommendation for such vehicle.

HB 32. By Representative Alexander of the 38th: A bill to amend Code Section 34A-1204, relating to the time for opening and closing polls in municipal primaries and elections, so as to change the time for closing the polls in certain municipalities.
HB 44. By Representative Oxford of the 116th: 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 overpaid by taxpayers, whether paid voluntarily or involuntarily.
HB 53. By Representative Lane of the 40th: A bill to create a State Boxing Commission.
HB 196. By Representatives Howell of the 140th, Bray of the 70th, Burton of the 47th and Tolbert of the 56th: A bill to amend Code Section 34-1505 relating to a recount or recanvass of the votes so as to provide for an automatic recount of the vote in certain circumstances.
HB 215. By Representative Glover of the 32nd: A bill to amend Section 23-1705(3) of the Code of Georgia of 1933 so as to increase from $1,000 to $5,000 the amount of total contract price below which no payment or performance bond is required on certain public works contracts of the State, counties and municipalities.

HB 224. By Representatives Hudson of the 137th, Harden of the 154th, Smith of the 78th and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to provide the basis for the allotment of funds for the payment of sick and personal leave expenses of school bus drivers.

HB 263. By Representative Lane of the 40th:
A bill to provide that the local law enforcement agency charged with the responsibility for law enforcement within the school district attendance area and the board of education of each county and independent school system of this State shall study and evaluate the traffic safety require ments of the school system and the various individual schools therein.

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HB 268. By Representatives Thompson of the 93rd, Foster and Cole of the 6th and Leonard of the 3rd:
A bill to amend an Act fixing the salaries of the judges of the superior courts so as to provide that secretaries employed by judges of the supe rior courts and district attorneys under the provisions of said Act shall be employees of the judicial branch of State government and shall be in the unclassified service of the State Merit System of Personnel Admin istration.

HB 358. By Representatives Ware of the 68th, Coleman of the 118th, Carr of the 105th and others:
A bill to amend an Act relating to health insurance coverage for State employees so as to change the definition of the term "employee" or "employees".

HB 376. By Representatives McDonald of the 12th, Smith of the 78th and Hutchinson of the 133rd:
A bill to amend the Executive Reorganization Act of 1972 so as to au thorize the Dept. of Public Safety to exercise jurisdiction over safety of motor vehicles and over the drivers of motor vehicles operating as motor contract carriers or motor common carriers.

HB 481. By Representative Gammage of the 17th:
A bill to authorize and direct the State Office of Housing to provide outreach workers to the Farmers Home Administration.

HB 599. By Representative Burruss of the 21st:
A bill to amend Code Section 34-1513, relating to requirements for nomination and election in certain elections so as to provide that certain candidates in primary and general elections are not qualified to be eligible as a write-in candidate in a run-off election.

HB 614. By Representatives Howell of the 140th, Greer of the 43rd, Bray of the 70th and others :
A bill to amend Code Chapter 34A-7 relating to the dates for municipal primaries and elections so as to provide for the procedures for holding municipal primaries and elections at the time of the general primary and election.

HB 687. By Representative Howell of the 140th:
A bill to amend Code Chapter 34A-13, relating to absentee voting in municipal primaries and elections so as to require the use of absentee ballots in all municipal primaries and elections; to provide the pro cedures for voting by absentee ballot in municipal primaries and elec tions.

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1553

HB 694. By Representatives Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and Taggart of the 125th:
A bill to amend an Act authorizing the Director of the Department of Corrections to allow inmates of State penal institutions to take special leave for the purpose of participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public.

HB 695. By Representatives Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and Taggart of the 125th:
A bill to amend an Act entitled the "Youthful Offender Act" so as to redefine "conviction"; to clarify certain provisions of that Act relating to the sentencing of defendants under the Act and to delete others; to clarify the initial procedures to be taken in determining how to treat the "youthful offender"; to clarify the manner in which eligibility for parole is to be computed for a sentence imposed under this Act.

HB 700. By Representatives Carr of the 105th, Whitmire of the 9th, Bray of the 70th and others:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration so as to pro vide for additional powers and duties of the State Personnel Board.

HB 805. By Representative Howell of the 140th:
A bill to amend Code Chapter 34-10A relating to the Georgia Presidential Preference Primary, so as to provide for qualifying period and certifica tion date for candidate in the Presidential Preference Primary.

HB 818. By Representatives Carr of the 105th, Whitmire of the 9th, Bray of the 70th and others:
A bill to amend an Act providing for a physical examination as a prere quisite for employment by the State so as to change the provisions relative to requiring a physical examination; to provide for certain certification by the State Employees' Health Service.

HB 844. By Representative Howell of the 140th:
A bill to amend Code Chapter 34-10A, relating to the Presidential Prefer ence Primary so as to provide for a proclamation by the Governor; to prohibit assessment of a qualifying fee for presidential candidates; to provide that such primary shall be conducted in accordance with the provisions governing general primaries.

HB 881. By Representatives Lambert of the 112th, Wood of the 9th, Carlisle of the 71st and others:
A bill to amend an Act known as the "Georgia Civil Defense Act of

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1951", as amended, so as to grant the Governor the emergency power to provide welfare benefits to the citizens of Georgia.

HB 882. By Representatives Lambert of the 112th, Wood of the 9th and Carlisle of the 71st:
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951" so as to authorize each political subdivision of this State to acquire sites for installation of temporary housing units for victims of disasters; to authorize political subdivisions of this State to acquire temporary housing units and to prepare or equip sites to utilize said housing units; to provide for an effective date.

SB 323. By Senator Langford of the 51st:
A bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to game and fish approved Mar. 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to provide for lawful hours for bait shrimping; to require bonds of persons taking or selling commercial bait shrimp.
SB 342. By Senators Howard of the 42nd and Langford of the 51st:
A bill to amend an Act completely and exhaustively revising, supersed ing 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 change certain provisions applicable to the confiscation of commercial fishing boats.
SB 353. By Senator Howard of the 42nd:
A bill to provide for the regulation of off-road vehicles; to provide a short title; to provide for declaration of policy; to provide for defini tions; to provide for exemptions; to provide for operating restrictions.
HB 41. By Representative Rush of the 121st:
A bill to amend an Act known as the "Georgia Boat Safety Act", so as to prohibit selling or offering to sell within this State any personal flotation device which is not U. S. Coast Guard approved unless such device is legibly marked that it is not U. S. Coast Guard approved.
HB 115. By Representatives Buck of the 95th and Ross of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to the establishment of creditable service for service under another retirement system.
HB 149. By Representatives Lambert of the 112th, Carlisle of the 71st, Burruss of the 21st and others:
A bill to regulate the drilling of any well other than wells drilled to a

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depth of less than 1800 feet for the purpose of tapping of or drawing from underground fresh water supplies or for the purposes of injecting any type of substance or substances into such wells.

HB 236. By Representatives Castleberry of the lllth, Buck of the 95th, Oxford of the 116th and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to authorize employees of the Georgia Federal-State Shipping Point Inspection Service to become members of the Employees' Retirement System of Georgia.

HB 319. By Representative Culpepper of the 98th:
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 approved March 31, 1964, so as to change the definition of the term 'employee' under said Act.

HB 579. By Representative Rainey of the 135th:
A bill to amend the Natural Resources Act of 1973 so as to authorize the Department of Natural Resources to contract for or provide itself necessary water transportation and essential services for its employees, other State employees, their families and other permanent residents of certain coastal islands.

SB 206. By Senators Hudgins of the 15th and Pearce of the 16th:
A bill to amend the Fire Fighter's Mediation Act, approved April 5, 1971 (Ga. Laws 1971, p. 565), so as to delete therefrom an exception.

SB 368. By Senator Reynolds of the 48th:
A bill to amend Section 66-103 of the Code of Georgia, which provides for the payment of wages due deceased employees to certain survivors without the necessity of administration upon the deceased employees' estates, as amended by an Act approved Apr. 9, 1963 (Ga. Laws 1963, p. 434) so as to increase the amount of wages that may be paid.

SB 356. By Senator Fincher of the 54th:
A bill to amend an Act providing for the participation of certified registered nurse anesthetists in the administration of anesthesia, ap proved March 12, 1973 (Ga. Laws 1973, p. 433), so as to change the pro visions relating to the professional and educational standards of said nurses.

HB 859. By Representative Hatcher of the 131st: A bill to amend Code Section 24A-1403, relating to the place of deten-

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tion of children under the jurisdiction of juvenile courts in order to provide for the places of detention, so as to provide that juveniles shall not be detained in a jail pending a committal hearing or indictment unless detained in a room separate and removed from those for adults.

HB 860. By Representative Hatcher of the 131st:
A bill to repeal Code Section 24A-2304 relating to commitment of certain children by the Juvenile Court to the custody of the Department of Corrections.

SB 149. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and Starr of the 44th:
A bill to amend Code Section 13-203.2, relating to the expansion or extension of existing bank facilities, as amended, so as to provide for the installation of "automated teller facilities" or "point-of-sale termi nals" within the county in which a parent bank, branch bank, bank office or bank facility is located, with the approval of the Commis sioner of the Department of Banking and Finance.

SB 150. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and Starr of the 44th:
A bill to amend Code Section 13-203.1 relating to bank offices and bank facilities, as amended, so as to remove the population requirements; to provide an effective date.

SB 360. By Senator Holley of the 22nd:
A bill to provide that every agreement, promise or undertaking to pay compensation for services rendered in negotiating a loan, or in negotiat ing the purchase, sale, exchange, renting or leasing of any business opportunity, business, good will, inventory, fixtures or an interest there in, including a majority of the voting stock interest of a corporation and including the creating of a partnership interest is void unless the contract is in writing.

HB 218. By Representatives Adams of the 14th and Toles of the 16th:
A bill to amend Code Section 92-7601, relating to interest on executions issued for taxes, so as to provide that such executions shall bear interest at the maximum rate of interest allowed within this State.

HB 365. By Representative Carrell of the 75th:
A bill to amend Code Title 92, relating to public revenue, so as to change the provisions relating to rate of interest on unpaid taxes on Dec. 20th in each year.

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HB 393. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Section 92-3107 relating to the allowable standard deduction; to amend Section 92-3108, of the Code of Georgia of 1933, 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 U. S. Internal Revenue Code of 1954 in force and effect on Jan. 1, 1975.

HB 876. By Representative Egan of the 25th:
A bill to amend an Act known as the "Georgia Securities Act of 1973", approved Apr. 18, 1973, so as to redefine certain terms; to authorize the Commissioner to impose fees to cover the costs of giving examinations.

HR 98. By Representatives Lambert of the 112th and Carlisle of the 71st: A resolution to authorize the Department of Revenue to write off uncollected check balances covering motor fuel highway use permits and taxes.
HR 100. By Representatives Lambert of the 112th and Carlisle of the 71st: A resolution to authorize the Department of Revenue to write off uncollected check balances covering Motor Vehicle License fees.

SB 362. By Senator McGill of the 24th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", approved Mar. 7, 1961 (Ga. Laws 1961, p. 68), as amended, so as to repeal the current provisions regarding the perfection and fore closure of mechanics' liens on vehicles.
HB 708. By Representatives Smith of the 78th and Jessup of the 117th:
A bill to amend the Motor Vehicle Franchise Practices Act, approved Feb. 28, 1974, so as to provide sanctions against dealers who fail to register or renew their registrations.

HB 709. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
A bill to amend the Motor Vehicle Franchise Practices Act, approved Feb. 28, 1974, so as to change certain provisions relative to the granting of additional franchises to motor vehicle dealers.

HB 710. By Representatives Smith of the 78th and Adams of the 36th:
A bill to amend an Act providing for the sale of certain abandoned motor vehicles approved March 23, 1972, so as to change certain of the provisions relative to the sale of abandoned motor vehicles at public auctions.

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HB 711. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
A bill to amend the Motor Vehicle Franchise Practices Act, approved Feb. 28, 1974, so as to change certain provisions relating to the com pensation of dealers for warranty service.

SB 200. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend Georgia Code Section 26-1704, relating to bad checks, so as to add certain language thereto relating to a commitment hearing on trial involving a bank or depository beyond the subpoena power of the court.

SB 339. By Senator Larigford of the 51st:
A bill to amend Code Chapter 29-4, relating to recording of deeds, as amended, so as to require the address of the grantee to be entered on the reverse of a warranty deed before it may be recorded.

SB 346. By Senators Barker of the 18th and Hudson of the 35th:
A bill to amend Code Chapter 79A-99, relating to penalties for violating the criminal provisions of Title 79A of the Ga. Code, relating to phar macies, pharmacy and drugs, as amended, so as to provide that if upon the third conviction for possession of marijuana of one ounce or less, a person possessed more than one half of an ounce, said person shall be sentenced to imprisonment for a period of at least thirty days.
SB 365. By Senators Russell of the 10th and Pearce of the 16th:
A bill to amend Code Section 24-2823, relating to sheriff's fees, as amended, so as to change certain fees; to enumerate additional fees; to remove authority for certain fees.

SB 367. By Senator Pearce of the 16th:
A bill to amend Code Chapter 26-30, relating to invasions of privacy, so as to remove certain provisions relating to eavesdropping and sur veillance.

HB 13. By Representatives Snow of the 1st, Sams of the 90th, Karrh of the 106th and others:
A bill to amend an Act comprehensively revising appellate and other post trial procedure so as to provide for interlocutory appeals upon petition to the Supreme Court or Court of Appeals; to prescribe the procedure for such appeals.

HB 122. By Representatives Cole and Foster of the 6th:
A bill to amend the Georgia Private Detective and Private Security Agencies Act so as to exempt from the provisions of said Act private

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1559

security activities of employers and employees which take place upon the premises of the employer and occur in connection with the affairs of the employer only.

HE 128. By Representatives Snow of the 1st, Walker of the 115th, Karrh of the 106th 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 $5,000.00 exclusive of interest and costs, and all misdemeanor cases in the superior courts, shall be tried by a jury of six jurors.

HB 309. By Representatives Coleman of the 118th and Colwell of the 4th:
A bill to authorize the Department of Administrative Services to formu late and implement a Statewide plan to regulate Public Safety Radio Services.

HB 482. By Representative Larsen of the 119th:
A bill to amend an Act creating a Judicial Council of the State of Geor gia, so as to provide that the Judicial Council shall promulgate rules and regulations which shall provide for and set the fees to be charged by all official court reporters in this State in all criminal and civil cases.

HB 539. By Representatives Snow of the 1st, Walker of the 115th, Sams of the 90th and others:
A bill to authorize the Governor to convene a committee to be composed of himself, the Chief Justice of the Supreme Court and the Chairman of the Judicial Council of Georgia to ascertain whether or not the At torney General is incapacitated and unable to perform the duties of his office by reason of sickness or other providential cause and thus unable to perform the duties of his office.

HB 896. By Representatives Murphy of the 18th, Colwell of the 4th, Lee of the 72nd and others:
A bill to revise, classify, consolidate and supersede the present State Properties Code and to establish a new codification of laws relating thereto, which codification shall be contained in Code of Ga. Chapter 91-1A, to be known and cited as the State Properties Code of Georgia.

HR 226. By Representatives Murphy of the 18th, Colwell of the 4th, Lee of the 72nd and others:
A resolution proposing an amendment to the Constitution so as to create, provide the membership of, and provide the powers, duties and authority of the State Properties Commission; to provide for the submission of this amendment for ratification or rejection.

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JOURNAL OF THE SENATE,

SB 73. By Senators Stephens of the 36th and Bond of the 39th:
A bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pension to county employees, as amended.

SB 222. By Senator Stephens of the 36th:
A bill to amend Code Section 36-606, providing for the interest to be vested in a person seeking condemnation, as amended, so as to provide that certain counties shall acquire a fee simple title to property con demned upon payment of the condemnation money.

SB 358. By Senator Kidd of the 25th:
A bill to provide for sick leave for teachers in certain public school systems.

HB 904. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act incorporating the Town of Orchard Hill in Spalding County so as to provide that the town shall be a body politic and corporate with perpetual succession, may contract, may sue and be sued, plead and be impleaded in the courts, and may have and use a common seal.

HB 930. By Representatives Lambert of the 112th, and Milford, Clark and Mann of the 13th:
A bill to create and establish a Small Claims Court in and for Greene County.

HB 931. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act creating a new Charter for the City of Madison so as to authorize the Mayor and Council to appoint a recorder of the Mayor's Court and fix his compensation.

HB 932. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act creating a new charter for the City of Madison so as to change the terms of office of the mayor and councilmen.

HB 933. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Judge of the Probate Court, Tax Collector and Tax Receiver of Morgan County on a salary basis in lieu of a fee system of compensa tion so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Morgan County.

MONDAY, MARCH 10, 1975

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HB 938. By Representative Rainey of the 135th:
A bill to amend an Act placing the clerk of the superior court, the sheriff and the ordinary (now Judge of the Probate Court) of Dooly County on an annual salary in lieu of the fee system of compensation so as to change the provisions relative to feeding prisoners confined in the county jail.

HB 943. By Representative Phillips of the 91st:
A bill to amend an Act incorporating the Town of Waverly Hall in Harris County so as to provide for a quorum at meetings of the mayor and council; to provide for a minimum number of votes for the passage of ordinances and resolutions.

HB 953. By Representatives Triplett of the 128th, Battle of the 124th, Gignilliat of the 122nd 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 relating to the compensation of the members of said board.

HB 959. By Representatives Howell of the 140th, Hatcher of the 131st and Irwin of the 130th:
A bill to amend an Act placing the sheriff of Calhoun County upon an annual salary so as to change the compensation of the sheriff.
HB 960. By Representative Ross of the 76th: A bill to create a new charter for the City of Warrenton; to prescribe the corporate limits of said city; to provide for the government of said city and it corporate powers.
HB 961. By Representative Ross of the 76th:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Lincoln County and providing in lieu thereof an annual salary so as to change the compensation of the said sheriff.
HB 962. By Representative Ross of the 76th: A bill to amend an Act entitled "An Act to amend the Act of 1922 so as to change the term of office board of county commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties, and for other pur poses", so as to change the compensation, expenses and allowances of the Chairman of the Board of Commissioners.

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JOURNAL OP THE SENATE,

HB 963. By Representative Ross of the 76th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County (now Board of Commissioners of Lincoln County) so as to change the salary of the Chairman of the Board of Commissioners.

HB 965. By Representatives Patten and Carter of the 146th:
A bill to amend an Act creating a Board of Commissioners of Tift County so as to provide that a member of the board of commissioners from commissioner districts 2, 4 and 5 shall be ineligible for the office of chairman unless he resigns from office by a certain date.

HB 966. By Representative Carr of the 105th:
A bill to amend an Act creating the State Court of Washington County so as to change the method of selecting jurors; to provide for civil and criminal trials by a jury of six persons; to provide for the com pensation of jurors.

HB 967. By Representatives Evans of the 99th, Randall of the 101st, Banks of the 104th and others:
A bill to amend an Act fixing the terms of the Superior Court of Bibb County and providing for the drawing of grand juries so as to provide that the grand jury shall be sworn when first empaneled and need not be sworn thereafter even though its life extends beyond the term of court when originally drawn.
SB 363. By Senator Barnes of the 33rd:
A bill to amend an Act providing for a new charter for the City of Powder Springs, Georgia, as amended, so as to redefine the corporate limits of the city.
SB 364. By Senators Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act creating a new charter for the City of Kennesaw, as amended, so as to change the provisions relating to the election of Mayor and Councilmen; to change the term of office for the Mayor and Councilmen.
HB 954. By Representative Phillips of the 120th:
A bill to amend an Act creating the office of the Tax Commissioner of Montgomery County so as to provide for determination of the compensation of the tax commissioner.

HB 978. By Representatives Logan of the 62nd and Russell of the 64th: A bill to amend an Act placing the Sheriff of Clarke County upon an

MONDAY, MARCH 10, 1975

1563

annual salary so as to increase the food allowance for the prisoners confined in the county jail.

HB 980. By Representatives Patten and Carter of the 146th:
A bill to amend an Act creating a Small Claims Court in certain counties of this State so as to change the population classification of said Act; to change the provisions relative to costs, fees and com missions.

HB 992. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating a county commissioner of roads and revenues and an advisory board of Gilmer County so as to change the provisions relative to the compensation and expense allowance of the commissioner of Gilmer County.

HR 128. By Representative Knight of the 67th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Coweta County to enter into certain leases, contracts, and lease agreements for a term not exceeding 30 years.

SB 100. By Senators Stephens of the 36th and Bond of the 39th:
A bill to provide for the compensation of the sheriff of certain counties, and the procedure in connection with the payment thereof; to provide for an effective date; to specifically repeal certain laws.

SB 215. By Senators Hudson of the 35th, Stephens of the 36th and Hamilton of the 34th:
A bill to fix the salary of the First Assistant Solicitor, the Assistant Solicitors and the Special Assistant to the Solicitor General of the Criminal Court of Pulton County; to provide the procedures connected therewith; to provide an effective date.

SB 300. By Senator Stephens of the 36th:
A bill to completely and exhaustively revise, supersede and consolidate the laws relating to the Merit System of Personnel Administration for Fulton County; to define certain terms; to provide for the appointment of a personnel board along- with provisions for their removal and compensation.

HB 677. By Representative 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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JOURNAL OF THE SENATE,

HB 678. By Representative 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 allowance of the sheriff for feeding county prisoners.

HB 679. By Representative 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 assistance allowance of the tax commissioner.

HB 680. By Representative Peters of the 2nd:
A bill to amend an Act placing the Judge of the Probate Court and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees so as to increase the salary of the clerk of the superior court.

HB 759. By Representatives Alexander of the 38th, Dean of the 29th, Glover of the 32nd and others:
A bill to amend an Act establishing the Civil Court of Fulton County (formerly the Municipal Court of Atlanta) so as to change the provisions relating to appeals to the Appellate Division of said court and to the Court of Appeals and Supreme Court of Ga. in certain cases.

HB 983. By Representatives Phillips of the 59th, Wall of the 61st and Harris of the 60th:
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.

HB 914. By Representatives Kreeger of the 21st, Howard and Cooper of the 19th 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, approved Aug. 17, 1929, so as to change the corporate limits of said city.

SB 255. By Senator 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, approved April 14, 1971 (Ga. Laws 1971, p. 906), as amended, so as to provide that eligible students must be full-time students as of the beginning of each school term for which such grant is paid.

MONDAY, MARCH 10, 1975

1565

HB 430. By Representatives Reaves of the 147th, Keyton of the 143rd, Long of the 142nd and others:
A bill to be known as the "Buying Services Act of 1975"; to regulate and control buying services and buying clubs; to provide that any person who is elected to become a member of a buying service or buying club may cancel such membership under certain circumstances.

HB 856. By Representatives Russell of the 53rd, Jordan of the 58th, Richardson of the 52nd and others:
A bill to amend Code Chapter 34-10 relating to the nomination of candidates so as to provide that certain county judicial officers and certain judges of the superior courts may be elected in nonpartisan elections.

HR 205. By Representatives Logan of the 62nd and Russell of the 64th:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Athens Development Authority.

The following local, uncontested bills and resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:

SB 344. By Senator McDuffie of the 19th:
A bill to amend an Act creating the Office of Commissioner of Bleckley County, as amended, so as to change certain provisions relating to the expenses of the 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 366. By Mr. Irvin of the 23rd: A bill to de-annex a certain parcel of land from the City of. Alpbaretta.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

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JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 385. By Mrs. Richardson of the 52nd, Messrs. Hawking of the 50th, Linder of the 44th and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected so as to change the provisions relative to school board 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 582. By Representative Ham of the 80th:
A bill to amend an Act creating and establishing a small claims court for Jones County so as to change the civil jurisdiction of 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 610. By Representatives Russell of the 53rd, Richardson of the 52nd, Hawkins of the 50th 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 the appointment of investigators by the Solicitor of said State Court; to provide for other 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 ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 10, 1975

1567

HB 629. By Representatives Cooper and Wilson of the 19th, Nix of the 20th and others:
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 change the maximum compensation of the assistant solicitors.

The report 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 747. By Representative Fraser of the 139th:
A bill to create and establish a Small Claims Court in and for Liberty 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 808. By Representative Clifton of the 107th:
A bill to recreate and reincorporate the City of Collins; to provide for corporate boundaries; to enumerate corporate powers.

The report 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 816. By Representatives Taggart of the 125th, Gignilliat of the 122nd, Jones of the 126th and others:
A bill to amend an Act fixing the compensation of a certain official in all counties of this State having a population of not less than 185,000 nor more than 190,000 so as to change the provisions relative to com pensation of the clerks of superior courts in such counties.

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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 848. By Representative Stone of the 138th:
A bill to amend an Act creating the Board of Commissioners of Jeff Davis County so as to change the provisions relative to the auditing of the books and accounts of the county school superintendent.

The report 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 873. By Representative Fraser of the 139th:
A bill to amend an Act creating the office of Tax Commissioner of Liberty County so as to change the compensation of the Tax Commis sioner and the full-time 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 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 877. By Representative Irvin of the 10th:
A bill to amend an Act creating a board of commissioners of Stephens County, approved March 22, 1937, so as to change the provisions relative to said 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 48, nays 0.

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1569

The bill, having received the requisite constitutional majority, was passed.

HB 915. By Representative Clifton of the 107th:
A bill to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary so as to change the provisions relative to the compensation of the sheriff and 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.

HB 916. By Representative Clifton of the 107th:
A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Bryan County, Georgia, and creating the office of Tax Commissioner of Bryan County so as to change the compensation of the Tax Commissioner of Bryan 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 923. By Representative Carr of the 105th:
A bill to amend an Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff, chief deputy, regular deputies, the secretary and the dispatcher.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 927. By Representative Fraser of the 139th:
A bill to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of Mclntosh County on an annual salary so as to change the compensation of the Assistant to 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 854. By Representatives Miles of the 86th, Sams of the 90th, Calhoun of the 88th and others:
A bill to abolish the office of County Treasurer in any county with a population of not more than 165,000 and not less than 150,000, and to provide the procedure whereby the County Treasurer shall be eligible to become County Treasurer Emeritus.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 854 by adding in the title immediately after the word and semicolon "spouse;" (Page 1, line 11), the following:
"to provide an effective date;".
By striking from Section 5 (Page 2, line 14), the words "as com pensation".
By striking from Section 5 (Page 2, line 20), the words "com pensation in the amount of".
By renumbering Section 6 as Section 7 and by adding a new Sec tion 6, to read as follows:
"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."

On the adoption of the amendment, the yeas were 48, 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.

MONDAY, MARCH 10, 1975

1571

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 874. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, approved March 25, 1958, so as to define the corporate limits.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 874 by adding after line 15 on Page 4 the following:
"Also included in the above description is the following: All that part of Elberta Road lying between the intersection of Elberta Road with Bateman Road and the intersection of Elberta Road with Holt Road (also known as Collins Avenue)."

On the adoption of the amendment, the yeas were 48, 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, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HR 208. By Representatives Knight of the 67th, Ware of the 68th, Carlisle and Mostiler of the 71st:
A RESOLUTION
Proposing an amendment to the Constitution so as to encourage and enhance overall economic development, increase employment, promote industry and commerce, provide incentives for the location of new (or the expansion of existing) manufacturing, processing, storage or trans shipment facilities by authorizing the governing authority of Coweta County or any municipal corporation within Coweta County to provide for the exemption from all ad valorem taxation by such governing authority of all tangible personal property within Coweta County in transit through Coweta County from outside the State to a final destination outside the State and all tangible personal property grown, harvested, manufactured, processed or refined in Coweta County and

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JOURNAL OP THE SENATE,

stored therein for shipment outside the State; 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 paragraph:
"In order to encourage and enhance overall economic develop ment, increase employment, promote industry and commerce, pro vide incentives for the location of new (or expansion of existing) manufacturing, processing, storage or transhipment facilities, the governing authority of Coweta County or any municipal corporation within Coweta County shall have the authority to provide for the exemption from all ad valorem taxation by such governing au thority of tangible personal property transported into the ter ritorial jurisdiction of such governing authority from outside the State in transit to a final destination outside the State and of tangible personal property grown, harvested, manufactured, pro cessed or refined in Coweta County and stored therein for ship ment outside the State. Property shall not cease to be in transit within the exemption granted pursuant to this provision by virtue of the fact that while held, or while in storage, in Coweta County such property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, packaged, labeled, repackaged or relabeled. Such tangible personal property 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, 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 in order to encourage and enhance
( ) NO overall economic development, increase employ ment, promote industry and commerce, and pro vide incentives for the location of new (and the expansion of existing) manufacturing, processing, storage and transhipment facilities, the governing authority of Coweta County or of any municipal corporation within Coweta County shall have the power to exempt from all ad valorem taxation by such governing authority tangible personal prop erty in transit from without the State through Coweta County to a destination outside the State and tangible personal property grown, havested, manufactured, processed or refined in Coweta County and stored therein for shipment outside the State. Such property shall not be exempt from State ad valorem taxation?"

MONDAY, MARCH 10, 1975

1573

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Barker Barnes Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Eldridge Fincher Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson
Russell Shapard Starr Sutton Thompson
Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Hill. Those not voting were Senators:

Ballard Banks Bell Brantley Dean of 31st

Doss Duncan Holley Holloway Riley

Stephens Stumbaugh Summers Tate

On the adoption of the resolution, the ayes were 41, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 229. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt certain real property of historical interest, lying within the limits of Lowndes

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JOURNAL OF THE SENATE,

County, from ad valorem taxation other than State ad valorem taxes; 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 I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:

"The governing authority of Lowndes County is hereby au thorized to establish reasonable criteria by which real property of historical interest and importance lying within said county may be designated and identified as such. Any real property meeting such criteria for designation and identification as real property of his torical interest and importance, when such property is owned by a bona fide nonprofit civic, community, educational, literary or charitable organization, shall be exempt from ad valorem taxation other than ad valorem taxes levied by the State."

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.

Th<2 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 real property of historical interest and im portance, lying within Lowndes County, from ad
( ) NO valorem taxes when such property is owned by nonprofit civic, community, educational, literary or charitable organizations?"

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 as amendment to the Constitution, a roll call was ordered, and the vote was as follows:

MONDAY, MARCH 10, 1975

1575

Those voting in the affirmative were Senators:

Barker Barnes Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Eldridge Fincher Poster Garrard Gillis Hamilton of 26th

Hamilton of 34th Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Starr Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Hill.

Those not voting were Senators:

Ballard Banks Bell Brantley Dean of 31st

Doss Duncan Holley Holloway Riley

Stephens Stumbaugh Summers Tate

On the adoption of the resolution, the ayes were 41, nays 1.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

Senator Holloway of the 12th introduced as Doctor of the Day, Dr. James R. Hattaway of Albany, Georgia.

The President ordered the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Eldridge

Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy

Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson Russell Shapard

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Starr Stumbaugh Summers Sutton

JOURNAL OF THE SENATE,

Thompson Timmons Traylor

Turner Tysinger Warren

Those not answering were Senators:

Dean of 31st Doss Duncan

Riley Stephens

Tate Young

Senator Brown of the 47th introduced as Chaplain, The Reverend Jimmy Daniels, pastor, Gillsville Baptist Church, Gillsville, Georgia, who offered scripture reading and prayer.

SENATE RULES CALENDAR
Monday, March 10, 1975
SB 254 Senatorial Districts 9 and 13--change SR 67 Senate and House Bills--only two readings for passage SR 91 Equal Rights Study Commission--create (SUB) SR 99 Honeybee--State insect SR 100 Fox Theater--relative to SR 107 Public Service Commission--appeals and reviews go to Supreme Court SR 112 Surplus Books--donate to non-profit organizations SR 122 Public Employee Collective Bargaining Study Committee--create (AM) SR 123 Power Plant Siting Committee--create SR 124 Driver Education Study Committee--create SR 127 Georgia Tax Revision Study Commission--create HB 19 Flint Judicial Circuit Superior Court--additional judge HB 899 Smith World Congress Center Authority--remove Legislative members HR 158 Justices of the Peace Study Committee of DeKalb County--create HR 204 George L. Smith World Congress Center Authority--create (AM)
Respectfully submitted, /a/ Frank Eldridge, Jr.
Eldridge of the 7th, Chairman Senate Rules Committee
The following general bill of the Senate, favorably reported by the commit tee, was read the third time and put upon its passage:

MONDAY, MARCH 10, 1975

1577

SB 254. By Senators Sutton of the 9th and Young of the 13th:
A bill to amend Code Section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved Oct. 14, 1971 (Ga. Laws 1971, Sept. - Oct. Ex Sess., p. 69) so as to change the provisions relative to certain Senatorial Districts; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Lester Lewis McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard
Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 31st Duncan Garrard

Hudgins Langford McDowell

Riley Stephens

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Coverdell of the 40th moved that the following resolution of the Senate be postponed until 11:00 o'clock A.M.

SR 67. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to pro vide that bills need be read only two times in each House prior to pass age; to provide for submission of this amendment for ratification or rejection.

1578

JOURNAL OF THE SENATE,

On the motion, the yeas were 39, nays 2; the motion prevailed, and SR 67 was postponed until 11:00 o'clock A.M.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 138, By Senator Starr of the 44th:
A bill to amend Code Title 93, relating to the Georgia Public Service Commission, so as to create the Office of Consumers' Utility Counsel; to provide for the appointment, compensation, expenses, qualifications, term, duties and powers.

The House amendment was as follows:
Amend SB 138 by striking "two" and substituting "five" on line 26, Page 2, and by adding after line 10, Page 5, the following:
"93-307A. Violation of Section 93-301A (b) shall constitute a felony punishable by imprisonment for a term of not less than 1 nor more than 5 years and/or by a fine of not more than $5,000."

Senator Starr of the 44th moved that the Senate agree to the House amend ment to SB 138.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the House amendment to SB 138 was agreed to.

The following resolutions of the Senate, favorably reported by the com mittee, were read the third time and put upon their adoption:

SR 91. By Senators Hudson of the 35th, Starr of the 44th, Langford of the 51st and others:
A resolution creating the Equal Rights Study Commission.

The Committee on Rules offered the following substitute to SR 91:
A RESOLUTION
Creating the Equal Rights Study Commission; and for other pur poses.
WHEREAS, it has been suggested that certain of the laws of this State discriminate in an unreasonable and arbitrary manner in favor of the members of one sex, as opposed to members of the other; and

MONDAY, MARCH 10, 1975

1579

WHEREAS, any such unreasonable and arbitrary laws should be reviewed and changed so as to reasonably provide equal rights under the law regardless of sex; and

WHEREAS, it is fitting and proper that a Commission be created to review the several laws of this State and recommend needed changes to reasonably guarantee equal rights under the law regardless of sex.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Equal Rights Study Commission to be composed of fifteen members to be selected as follows: Five members of the Senate to be appointed by the Senate Committee on Committees; five members of the House of Repre sentatives to be appointed by the Speaker of the House of Representa tives; and five citizens of this State to be appointed by the Governor. The Governor shall designate the chairman of the commission. The com mission shall be authorized to review and evaluate the several laws of this State to determine which of them are unreasonably discriminatory on the basis of sex, and to recommend any changes needed in any of them in order to reasonably guarantee equal rights under the law regardless of sex. The commission is further authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Each legislative member of the commission shall receive the expenses and allowances authorized by law for members of legislative interim committees for service on the commission. All other funds neces sary to carry out the provisions of this Resolution shall come from funds appropriated or otherwise available to the Legislative Branch of Govern ment. The commission shall make a report of its findings and recom mendations to the 1976 session of the General Assembly on or before December 31, 1975, at which time the commission shall stand abolished.

Senator Summers of the 53rd offered the following amendment:
Amend the substitute offered by the Committee on Rules to SR 91 by inserting on Page 1, line 22, after the word "Governor", the follow ing:
"; provided, that not less than one member of the Senate, one member of the House of Representatives and one citizen of the State appointed to the committee as hereinabove provided shall be female."

On the adoption of the amendment, the yeas were 41, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 44, 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 adoption of the resolution by substitute, 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators :

Duncan Hill

McDowell

Riley

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

SR 99. By Senator Stumbaugh of the 55th: A resolution designating the honeybee as the official State insect.

Senator McDuffie of the 19th moved that SR 99 be tabled.

On the motion, the yeas were 9, nays 25; the motion was lost, and SR 99 was not tabled.

MONDAY, MARCH 10, 1975

1581

Senator Broun of the 46th offered the following amendment:

Amend SR 99 by adding a new Section to read as follows:

"Whereas, the bulldog is recognized as Georgia's outstanding animal";

and

by adding on line 18, after the word "insect", the following:

"and the Georgia Bulldog be designated the official state animal".

On the adoption of the amendment, the yeas were 14, nays 28, and the amend ment was lost.

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 Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Eldridge Fincher Foster Garrard Hamilton of 26th

Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McGill Overby Pearce Reynolds

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Barnes Doss

Lester McDuffie

Robinson

1582

JOURNAL OP THE SENATE,

Those not voting were Senators:

Dean of 6th Duncan

Gillis Holley

Riley

On the adoption of the resolution, the yeas were 46, nays 5.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Kidd of the 25th moved that the following bill of the Senate be committed to the Committee on Economy, Reorganization and Efficiency in Government:

SB 312. By Senator Dean of the 6th:
A bill to provide for the regulation of locksmiths; to define certain terms; to provide for a Board of Locksmith Registration; to provide for qualifications and examinations of locksmith; to provide for bonds; to provide for rules and regulations; to prohibit certain conduct and activities; to provide penalties.

On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 312 was committed to the Committee on Economy, Reorganization and Efficiency in Government.

Senator Kidd of the 25th moved that the following resolution of the Senate be withdrawn from consideration of the Senate:

SR 67. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that bills need be read only two times in each House prior to passage; to provide for submission of this amendment for ratification or rejection.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SR 67 was withdrawn from consideration of the Senate.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 100. By Senators Hudgins of the 15th, Stephens of the 36th, Carter of the 14th and others:
A resolution relative to the Fox Theater building.

MONDAY, MARCH 10, 1975

1583

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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hud'gins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Those not voting were Senators:

Bond Dean of 31st

Duncan Holley

Reynolds Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Riley Russell

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Starr of the 44th moved that the following resolution of the Senate be postponed until March 11:

SR 107. By Senators Riley of the 1st, Brown of the 47th, Reynolds of the 48th and Banks of the 17th:
A resolution proposing an amendment to the Constitution so as to pro vide that the Supreme Court shall have jurisdiction over direct appeals or review proceedings from the Public Service Commission; to provide for the submission of this amendment for ratification or rejection.

On the motion, the yeas were 36, nays 0; the motion prevailed and SR 107 was postponed until March 11.

1584

JOURNAL OF THE SENATE,

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 112. By Senator Barker of the 18th:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to permit the donation or gratuitous transfer of surplus books and other printed materials to certain non profit organizations; to provide for submission of this amendment for ratification or rejection.

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 Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Pincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Robinson Russell Shapard Starr Stephens Stumbaugh Summers
Sutton 'Tate Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Duncan

Hudson Reynolds

Riley Thompson

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Pearce of the 16th moved that the following resolution of the Senate be postponed until 12:30 o'clock P.M.:

MONDAY, MARCH 10, 1975

1585

SR 122. By Senator Pearce of the 16th:
A resolution creating the Public Employee Collective Bargaining Study Committee.

On the motion, the yeas were 36, nays 0; the motion prevailed, and SR 122 was postponed until 12:30 o'clock P.M.

Senator Holley of the 22nd moved that the following bill of the House be withdrawn from the Committee on Banking, Finance and Insurance and com mitted to the Committee on Judiciary:

HB 544. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend an Act known as the "Unliquidated Damages Interest Act" so as to remove the limitation on the sum of unliquidated damages to which the interest shall apply.

On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 544 was withdrawn from the Committee on Banking, Finance and Insurance and committed to the Committee on Judiciary.

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:

SR 123. By Senators Tysinger of the 41st and Brown of the 47th: A resolution creating the Power Plant Siting 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Gillis Hamilton of 26th Hill Holley Holloway

Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

1586
Overby Reynolds Robinson Russell Shapard Starr

JOURNAL OP THE SENATE,

Stephens Stumbaugh Summers Button Tate Thompson

Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Duncan Garrard

Hamilton of 34th Pearce

Riley

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 124. By Senator Tysinger of the 41st: A resolution creating the Driver Education 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 Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Poster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Robinson Russell 'Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Tysinger Warren Young

Those not voting were Senators:

Brantley Duncan Fincher

Hamilton of 34th Pearce Reynolds

Riley Turner

MONDAY, MARCH 10, 1975

1587

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 127. By Senators Riley of the 1st, Holloway of the 12th, Starr of the 44th and others:
A resolution creating the Georgia Tax Revision Study Commission.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators :

Duncan Hamilton of 34th

Reynolds

Pearce Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton 'Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Riley

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

1588

JOURNAL OF THE SENATE,

HB 19. By Representatives Ham of the 80th and Tucker of the 73rd:
Senate Sponsor: Senator Banks of the 17th.
A bill to add one additional judge of the Superior Courts of the Flint Judicial Circuit of Georgia; to provide for the appointment of the initial additional judge and his term 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Foster Garrard

iGillis Hamilton of 26th
Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Robinson Russell Shapard
Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Bond Fincher

Hamilton of 34th Riley

Young

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 899. By Representatives Greer of the 43rd, Triplett of the 128th and Murphy of the 18th:
Senate Sponsor: Senator Riley of the 1st.
A bill to amend an Act now known as the "Geo. L. Smith II Georgia World Congress Center Act", approved March 16, 1972, so as to remove

MONDAY, MARCH 10, 1&75

1589

the legislative members from the Authority; to change the number necessary for a quorum; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Russell Shapard Starr Stephens Stumbaugh Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators :

Bond Brown of 47th

Hamilton of 34th Riley

Robinson Summers

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 158, By Representatives Davis of the 56th, Linder of the 44th, Burton of the 47th and others:
Senate Sponsor: Senator Tysinger of the 41st.
A resolution creating the Justices of the Peace Study Committee of DeKalb County.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

1590

JOURNAL 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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis
Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Reynolds

Riley

On the adoption of the resolution, the yeas were 54, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
HR 204. By Representatives Murphy of the 18th, Greer of the 43rd and Triplett of the 128th:
Senate Sponsor: Senator Riley of the 1st.
A resolution creating the George L. Smith II Georgia World Congress Center Authority Overview Committee.

The Committee on Rules offered the following amendment:
Amend HR 204 by striking on Page 2, line 1, the following sentence:
"The chairman of the committee shall be appointed by the Speaker of the House from the membership of the committee, and the vice chairman of the committee shall be appointed by the Presi dent of the Senate from the membership of the committee."
and

MONDAY, MARCH 10, 1975

1591

By inserting in lieu thereof a new sentence to read as follows:

"The chairman of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairman of the committee shall be appointed by the Speaker of the House from the membership of the committee."

On the adoption of the amendment, the yeas were 40, nays 0, and the com mittee amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Foster Garrard

Gillis Hamilton of 26th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond

Hamilton of 34th

Riley

On the adoption of the resolution, the yeas were 53, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 122. By Senator Pearce of the 16th:
A resolution creating the Public Employee Collective Bargaining Study Committee.

1592

JOURNAL OF THE SENATE,

The Committee on Rules offered the following amendment:

Amend SR 122 by striking on Page 1, line 20, the word "two" and inserting in lieu thereof the word "four".

On the adoption of the amendment, the yeas were 40, nays 1, and the com mittee amendment was adopted.

Senator Pearce of the 16th offered the following amendment:
Amend SR 122 by adding the following on Page 1, line 21 after AFL-CIO:
", and three members appointed by the Georgia Association of Educators and three members appointed by the Georgia School Boards Association."

On the adoption of the amendment, the yeas were 40, nays 1, and the amendment was adopted.

Senator McDowell of the 2nd offered the following amendment:
Amend SR 122 on line 15 by striking the word "three" and inserting the word "two";
on line 17, strike the word "three" and insert the word "two";
on line 21 strike period after -CIO, add comma and the following:
"one member from the whole House and one member from the whole Senate".

On the adoption of the amendment, the yeas were 0, nays 3'0, and the amend ment was lost.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to 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 Barnes

Bond Brantley Brown of 47th

Carter Coverdell Dean of 6th

MONDAY, MARCH 10, 1975

1593

Dean of 31st Doss Duncan Eldridge Fincher Garrard Gillis Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson

Kennedy Kidd Langford Lester Lewis McDowell
McDuffie McGill Overby Pearce Reynolds

Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Young

Those voting in the negative were Senators:

Banks Bell Foster

Hill Robinson Shapard

Button Warren

Those not voting were Senators:

Broun of 46th Holley

Holloway Riley

Russell

On the adoption of the resolution, the yeas were 43, nays 8.

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 amendment thereto:

SB 83. By Senator Reynolds of the 48th:
A bill to amend Georgia Code Title 68A, "The Uniform Rules of the Road"; to prescribe speed restrictions for any street, roadway, or high way of this State; to provide a basic rule; to provide for maximum speed limits.

The House amendment was as follows: Amend SB 83 by deleting lines 20 through 25 on Page 8.

Senator Reynolds of the 48th moved that the Senate disagree to the House amendment to SB 83.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the House amendment to SB 83 was disagreed to.

1594

JOURNAL OF THE SENATE,

Senator Young of the 13th, Chairman of the Enrolling and Journals Subcom mittee, submitted the following report:

Mr. President:

Your subcommittee on Enrolling and Journals 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 155.

Respectfully submitted, Young of the 13th, Chairman.

Senator Starr of the 44th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow at 12:15 o'clock P.M.

TUESDAY, MARCH 11, 1975

1595

Senate Chamber, Atlanta, Georgia Tuesday, March 11, 1975

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today, and was-called to order by the President.

Senator Kennedy of the 4th reported that the journal of yesterday's 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 97. By Representative Greer of the 43rd:
A bill to amend an Act providing that cities having a certain population shall furnish pensions to officers and employees of such cities, so as to provide that an accurate statement of accumulations in the pension fund shall be sent to each employee at the end of each year.

HB 139. By Representatives Greer and Carnes of the 43rd:
A bill to amend an Act entitled "An Act to provide for the retirement of the judges and solicitor-general of the Criminal Court of Fulton County, the judges of the Civil Court of Pulton County and the judge of the Juvenile Court of Fulton County."

HB 360. By Representatives Davis and Tolbert of the 56th, Linder of the 44th and others:
A bill to provide for a Board of Registrations and Elections in certain counties, (population 250,000-500,000).

HB 652. By Representative Greer of the 43rd:
A bill to amend an Act establishing the City Court of Atlanta so as to strike certain provisions relating to demand for trial.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate, to-wit:

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JOURNAL OF THE SENATE,

SB 238. By Senators McDowell 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 180,000 and not more than 190,000 and in all municipal corporations located within such counties, sales of alcoholic beverages for consumption on the premises shall be authorized during certain hours.

SB 317. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, as amended, so as to place the tax commissioner on an annual salary in lieu of the fee basis of compensation.

The House has passed by the requisite constitutional majority the following bills of the House and Senate, to-wit:

HB 140. By Representatives Greer and Carnes of the 43rd:
A bill to amend an Act to 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, so as to provide for compensation of said Chief Deputy Clerk.
HB 251. By Representative Greer of the 43rd:
A bill to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County so as to change the conditions of eligibility for membership and pension benefits of the district attorney of the Superior Court of Fulton County.
HB 370. By Representative Townsend of the 24th:
A bill to amend an Act abolishing the fee system of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit so as to provide that the compensation of the assistant district attorneys shall be fixed by the district attorney within specified limits.
HB 987. By Representative Smith of the 78th:
A bill to amend an Act placing the Sheriff of Butts County upon an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff.
HB 1043. By Representatives Foster and Wheeler of the 152nd:
A bill to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court and the Tax Commissioner of Camden County; to provide for the pay ment of the cost-of-living increase in compensation out of the general funds of Camden County.

TUESDAY, MARCH 11, 1975

1597

HB 1044. By Representatives Foster and Wheeler of the 152nd:
A bill to amend an Act placing certain county officers of Coffee County upon an annual salary so as to change the compensation of certain employees of the clerk of the Superior court.

HB 1047. By Representative Irvin of the 10th:
A bill to amend an Act incorporating the City of Toccoa so as to increase the number of city commissioners and to provide for their terms of office and to provide for a referendum thereon.

HB 1049. By Representatives Johnson and Harris of the 8th: A bill to recreate and reincorporate the City of Woodstock.

HB 1050. By Representative Stone of the 138th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commissioner of Appling County.

HB 1052. By Representative Sizemore of the 136th:
A bill to provide for the election of members of the Board of Education of Worth County by the people and for the appointment of the County School Superintendent of Worth County by the Board.

HB 1060. By Representative Murphy of the 18th:
A bill to amend an Act incorporating the City of Buchanan so as to change the provisions relating to the mayor's court and the punishments which may be imposed by said court.

HB 1061. By Representative Murphy of the 18th:
A bill to amend an Act providing an annual salary for the Treasurer of Haralson County so as to change the compensation of the Treasurer of Haralson County.

HB 1062. By Representative 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 of Haralson County.

HB 1063. By Representative Murphy of the 18th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Haralson County into the office of Tax Commissioner

1598

JOURNAL OF THE SENATE,

of Haralson County so as to change the provisions relating to the com pensation of the clerical assistant of the tax commissioner.

HB 1064. By Representative Murphy of the 18th:
A bill to amend an Act placing the Sheriff and Judge of the Probate Court of Haralson County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to the deputies of the sheriff; to authorize the sheriff to appoint two additional fulltime deputy sheriffs and two part-time deputy sheriffs.

HB 1065. By Representative Murphy of the 18th:
A bill to amend an Act placing the Sheriff and Judge of the Probate Court of Haralson County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to the compensa tion of the clerk of the Judge of the Probate Court.

HB 1067. By Representatives Murphy of the 18th, Gammage of the 17th, Kilgore of the 65th and others:
A bill to provide for a supplemental expense allowance for the Judges of the Superior Courts of the Tallapoosa Judicial Circuit.

HB 1068. By Representatives Murphy of the 18th, Gammage of the 17th, Kilgore of the 65th and others:
A bill to create the office of Assistant District Attorney of the Talla poosa Judicial Circuit.

HB 1069. By Representatives Keyton of the 143rd and Reaves of the 147th:
A bill to provide a new Charter for the City of Barwick, Georgia, in the Counties of Thomas and Brooks.

HB 1078. By Representative Ross of the 76th:
A bill to reincorporate the City of Sharon in the County of Taliaferro and to provide a new charter for said city.

SB 87. By Senator Kennedy of the 4th:
A bill to amend an Act fixing the terms of the Superior Court of Evans County, so as to change the provisions relative to such terms.

SB 319. By Senator Shapard of the 28th:
A bill to amend an Act incorporating the Town of Orchard Hill in Spalding County, so as to change the corporate limits of said town; to provide for a referendum.

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HB 1. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A bill to provide for a rebate or credit against Georgia income taxes for the amount of certain ad valorem tangible property taxes paid by an individual or attributable to an individual.

HB 170. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1975, and ending June 30, 1976; to make and provide such ap propriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common school, counties, municipalities, political subdivisions and for all other governmental activities.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 387. 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", as amended, so as to further define the powers of the Authority; to provide the Authority power to enter into contracts with consolidated governments. Referred to Committee on County and Urban Affairs.

SB 388. By Senator Fincher of the 54th:
A bill to create the Quality of Life Council for Children and Youth; to provide for the composition, appointment, terms of office, and of ficers of the Council; to provide for rules and procedures; to provide for meetings; to provide that the council shall serve in an advisory capacity; to provide for the duties of the council in its advisory capacity.
Referred to Committee on Human Resources.

SB 389. By Senators Garrard of the 37th, Eldridge of the 7th, Howard of the 42nd and others:
A bill to specify certain basic rights for law enforcement officers; to provide a short title; to provide definitions; to provide for the right of law enforcement officers to engage in political activity; to provide the conditions under which an investigation or interrogation of a law enforcement officer shall be made by a law enforcement agency.
Referred to Committee on Rules.

SB 390. By Senator McDuffie of the 19th: A bill to authorize and direct the Election Superintendent of Dodge

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County to hold an election on the question of establishing an elective Board of Education of Dodge County.
Referred to Committee on County and Urban Affairs.

SR 148. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia. Referred to Committee on Public Utilities.

SR 150. By Senator Bell of the 5th:
A resolution amending the Rules of the Senate. Referred to Committee on Rules.

SR 151. By Senator Lewis of the 21st:
A resolution authorizing the conveyance of certain real property located in Jenkins County, Georgia. Referred to Committee on Public Utilities.

SR 152. By Senator Coverdell of the 40th:
A resolution proposing an amendment to the Constitution, so as to provide that residents of the City of Atlanta who qualify for certain homestead exemptions shall not be required to file annually for such homestead exemptions; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on County and Urban Affairs.

The following bills of the House were read the first time and referred to committees:

HB 97. By Representative Greer of the 43rd:
A bill to amend an Act providing that cities having a certain population (500,000 or more) shall furnish pensions to officers and employees of such cities, so as to provide that an accurate statement of accumulations in the pension fund shall be sent to each employee at the end of each year. Referred to Committee on County and Urban Affairs.

HB 139. By Representatives Greer and Carnes of the 43rd:
A bill to amend an Act entitled "An Act to provide for the retirement of the judges and solicitor-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County, and the judge of the Juvenile Court of Fulton County". Referred to Committee on Retirement.

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HB 140. By Representatives Greer and Carnes of the 43rd:
A bill to amend an Act to 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, so as to provide for compensation of said Chief Deputy Clerk and Director. Referred to Committee on County and Urban Affairs.

HB 251. By Representative Greer of the 43rd:
A bill to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County so as to change the conditions of eligibility for membership and pension benefits of the district attorney of the Superior Court of Fulton County. Referred to Committee on Retirement.

HB 360. By Representatives Davis and Tolbert of the 56th, Linder of the 44th:
A bill to provide for a Board of Registrations and Elections in certain counties (population 250,000-500,000). Referred to Committee on County and Urban Affairs.

HB 370. By Representative Townsend of the 24th:
A bill to amend an Act abolishing the fee system of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit so as to provide that the compensation of the assistant district attorneys shall be fixed by the district attorney within specified limits. Referred to Committee on County and Urban Affairs.

HB 652. By Representative Greer of the 43rd:
A bill to amend an Act establishing the City Court of Atlanta so as to strike certain provisions relating to demand for trial. Referred to Committee on County and Urban Affairs.

HB 987. By Representative Smith of the 78th:
A bill to amend an Act placing the Sheriff of Butts County upon an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.
HB 1043. By Representatives Foster and Wheeler of the 152nd:
A bill to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court and the Tax Commissioner of Camden County; to provide for the payment of the cost-of-living increase in compensation out of the gen eral funds of Camden County. Referred to Committee on County and Urban Affairs.

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HB 1044. By Representatives Foster and Wheeler of the 152nd:
A bill to amend an Act placing certain county officers of Coffee County upon an annual salary so as to change the compensation of certain employees of the clerk of the superior court. Referred to Committee on County and Urban Affairs.

HB 1047. By Representative Irvin of the 10th:
A bill to amend an Act incorporating the City of Toccoa so as to in crease the number of city commissioners and to provide for their terms of office and to provide for a referendum thereon. Referred to Committee on County and Urban Affairs.

HB 1049. By Representatives Johnson and Harris of the 8th:
A bill to create and reincorporate the City of Woodstock. Referred to Committee on County and Urban Affairs.

HB 1050. By Representative Stone of the 138th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commissioner of Appling County; and for other purposes. Referred to Committee on County and Urban Affairs.

HB 1052. By Representative Sizemore of the 136th:
A bill to provide for the election of members of the Board of Education of Worth County by the people and for the appointment of the County School Superintendent of Worth County by the Board; and for other purposes. Referred to Committee on County and Urban Affairs.

HB 1060. By Representative Murphy of the 18th:
A bill to amend an Act incorporating the City of Buchanan so as to change the provisions relating to the mayor's court and the punishments which may be imposed by said court. Referred to Committee on County and Urban Affairs.

HB 1061. By Representative Murphy of the 18th:
A bill to amend an Act providing an annual salary for the Treasurer of Haralson County so as to change the compensation of the Treasurer of Haralson County. Referred to Committee on County and Urban Affairs.

HB 1062. By Representative Murphy of the 18th: A bill to amend an Act creating the office of County Commissioner of

TUESDAY, MARCH 11, 1975

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Haralson County so as to change the salary of the County Commissioner of Haralson County.
Referred to Committee on County and Urban Affairs.

HB 1063. By Representative Murphy of the 18th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Haralson County into the office of Tax Commissioner of Haralson County so as to change the provisions relating to the com pensation of the clerical assistant of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 1064. By Representative Murphy of the 18th:
A bill to amend an Act placing the Sheriff and Judge of the Probate Court of Haralson County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to deputies of the sheriff; to authorize the sheriff to appoint two additional full-time deputy sheriffs and two part-time deputy sheriffs. Referred to Committee on County and Urban Affairs.

HB 1065. By Representative Murphy of the 18th:
A bill to amend an Act placing the Sheriff and Judge of the Probate Court of Haralson County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to the com pensation of the clerk of the Judge of the Probate Court. Referred to Committee on County and Urban Affairs.

HB 1067. By Representatives Murphy of the 18th, Gammage of the 17th, Kilgore of the 65th and others:
A bill to provide for a supplemental expense allowance for the Judges of the Superior Courts of the Tallapoosa Judicial Circuit; to provide for the payment of such allowance by the counties comprising said circuit; to provide that such allowance shall not be used in determining any pension, retirement or other benefits paid to such judges by the counties comprising said circuit.
Referred to Committee on County and Urban Affairs.

HB 1068. By Representatives Murphy of the 18th, Gammage of the 17th, Kilgore of the 65th and others:
A bill to create the office of Assistant District Attorney of the Talla poosa Judicial Circuit. Referred to Committee on County and Urban Affairs.

HB 1069. By Representatives Keyton of the 143rd and Reaves of the 147th:
A bill to provide a new Charter for the City of Barwick, Georgia, in the Counties of Thomas and Brooks. Referred to Committee on County and Urban Affairs.

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HB 1078. By Representative Ross of the 76th:
A bill to reincorporate the City of Sharon in the County of Taliaferro and to provide a new charter for said city. Referred to Committee on County and Urban Affairs.

HB 1. By Representatives Murphy of the 18th, Burruss of the 21st, Vaughn of the 57th and others:
A bill to provide for a rebate or credit against Georgia income taxes for the amount of certain ad valorem tangible property taxes paid by an individual or attributable to an individual. Referred to Committee on Banking, Finance and Insurance.

HB 170. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:
A bill to make and provide appropriations for the fiscal year beginning July 1, 1975, and ending June 30, 1976; to make and provide such ap propriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools; counties, municipalities, politi cal subdivisions and for all other governmental activities.
Referred to Committee on Appropriations.

The following reports of standing committees were read by the Secretary:

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance and Insurance has had under con sideration the following bills of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SB 329. Do pass by substitute. SB 377. Do pass. HB 40. Do pass. HB 110. Do pass. HB 527. Do pass as amended. HB 528. Do pass as amended. HB 770. Do pass. HB 833. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.

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16-05

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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 375. Do pass.

Respectfully submitted, Kidd of 25th District, Chairman.

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:
Mr. President:
Your Committee on Industry, Labor and Tourism 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 355. Do pass. SB 386. Do pass. HB 29. Do pass.
Respectfully submitted, Ballard of the 45th District, Chairman.

Senator Overby of the 49th 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 76. Do pass. HB 262. Do pass. HB 270. Do pass. HB 315. Do pass as amended. HB 455. Do pass.

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HB 617. Do pass as amended. HB 669. Do pass by substitute.

Respectfully submitted, Overby of 49th District, Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities has had under consideration the follow ing bill and resolution of the House and Senate and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
SR 144. Do pass. HB 450. Do pass by substitute.
Respectfully submitted, Brown of 47th District, Chairman.

Senator Eldridge of the 7th 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 121. Do pass. SR 128. Do pass by substitute. SR 136. Do pass. SR 139. Do pass. SR 140. Do pass. SR 141. Do pass.
Respectfully submitted, Eldridge of 7th District, Chairman.

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1607

Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. President:

Your Committee on Transportation 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 893. Do pass.

Respectfully submitted, Reynolds of 48th District, Chairman.

The following bills and resolutions of the Senate and House were read the second time:

SB 355. By Senator Barnes of the 33rd:
A bill to amend Code Section 84-1411, relating to qualifications for a real estate broker's or salesman's license, as amended, so as to prohibit the Georgia Real Estate Commission from adopting certain requirements concerning the maximum number of hours per day for in-class instruc tion for approval of a course of study.

SB 386. By Senator Howard of the 42nd:
A bill to amend Code 84-1412, relating to license fees for real estate brokers, associate brokers' and salesmen's licenses, as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 379), so as to provide that no person shall be allowed to take any examination more than three times in any twelve-month period.

HB 29. By Representatives Mullinax of the 69th, Brown of the 34th and Carr of the 105th:
A bill to provide for the Department of Labor a supplement appropria tion, pursuant to and in accordance with provisions of Sections 9 and 13 of the Employment Security Law of additional funds which are other wise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the U. S. of America.

HB 893. By Representatives Lane of the 81st, Cole of the 6th, Sweat of the 150th and others:
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation so as to authorize the Commissioner of Transportation or the Deputy Commissioner of Transportation to simul taneously serve as State Highway Engineer.

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JOURNAL OP THE SENATE,

SB 375. By Senator Kidd of the 25th:
A bill to re-create and re-establish the State Commission on Aging; to declare the legislative intent; to provide for the appointment of members, their qualifications, duties, powers, authority, terms of office, manner of filling vacancies, compensation and expenses; to provide for officers; to provide for quorums; to provide for powers and duties.

HB 76. By Representative Larsen of the 27th:
A bill to amend an Act known as the "Uniform Reciprocal Enforcement of Support Act" so as to provide that the district attorney shall repre sent the plaintiff under the provisions of the said Act where the plaintiff is an applicant or recipient of public assistance or the obligee is a dependent child or the obligees are dependent children.

HB 262. By Representative Egan of the 25th:
( A bill to amend Code Title 22, relating to corporations, so as to change the venue for bringing suits against foreign corporations; to provide that dividends on preferred stock need not be cumulative.

HB 270. By Representative Games of the 43rd:
A bill to amend Code Section 59-202, relating to the number of grand jurors, so as to provide for two alternate grand jurors.

HB 315. By Representatives Foster and Wheeler of the 152nd, Clifton of the 107th and others:
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 nonhighway purposes.

HB 455. By Representatives Waddle of the 113th, Walker of the 115th, Watson of the 114th and others:
A bill to amend Code Chapter 23-3, relating to changes of county lines, so as to provide for a copy of the survey and plat evidencing a change in county lines to be filed with the Secretary of State.

HB 617. By Representative Murphy of the 18th:
A bill to amend Code Section 92-1417, relating to the procedures for the collection of delinquent taxes on motor fuel, so as to provide that under certain circumstances the sale of motor fuel to an ultimate consumer who has both highway and nonhighway uses of such fuel shall not be subject to the motor fuel tax.

TUESDAY, MARCH 11, 1975

1609

SR 121. By Senators Ballard of the 45th, Reynolds of the 48th, Brown of the 47th and Lewis of the 21st:
A resolution relative to the proposed increase in the tax on motor fuels by the federal government.

SR 128. By Senator Fincher of the 54th:
A resolution creating the Health Maintenance Organization Study Com mittee.

SR 139. By Senators Lester of the 23rd and Riley of the 1st: A resolution creating the Freeport Tax Study Committee.

SR 140. By Senators Reynolds of the 48th and Hudson of the 35th: A resolution creating the Blue Laws Study Committee.

HB 450. By Representative Lane of the 40th:
A bill to provide certain requirements in connection with blasting or excavating in the vicinity of certain underground utility facilities.

SR 144. By Senator Holloway of the 12th:
A resolution authorizing the conveyance of certain real property located in Lee and Dougherty Counties, Georgia.

SB 329. By Senator Barker of the 18th:
A bill to amend Code Chapter 56-12, relating to actions against insur ance companies, as amended, so as to require insurance companies to acknowledge receipt of claims; to provide that failure of an insurance company to acknowledge such receipt shall constitute a conclusive pre sumption of liability for the full amount of the claim.

SB 3'77. By Senator Doss of the 52nd:
A bill to amend Code Chapter 56-5, relating to the rates for casualty, surety, vehicle, property, marine and transportation insurance, as amended, so as to provide for mandatory agreements for apportion ment of certain casualty insurance; to provide for a determination of necessity by Commissioner; to provide for approval and revocation of such agreements.

HB 40. By Representatives Jordan of the 58th, Russell of the 53rd, Hawkins of the 50th and others:
A bill to provide that no bank, lending company, financial institution, retail installment seller, or person extending credit may discriminate

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JOURNAL OP THE SENATE,

or provide requirements which discriminate in the extending of credit in the making of loans on the basis of sex, race, religion or marital status; to provide for an action for damages or equitable relief.

HB 110. By Representatives Castleberry of the lllth, Parrish of the 97th, Bargeron of the 83rd and others:
A bill to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to provide that in cases in which the minimum insurance required by this Act is cancelled by the insurer, upon receipt of notification of such cancellation the Department of Public Safety shall send a notification to the owner of such motor vehicle that the Department has been informed of the fact of such cancellation.

HB 527. By Representative Knight of the 67th: A bill to amend Section 92-3303 of the Code of Ga. of 1933 so as to reduce from two years to ninety days the time within which taxes may be assessed or refunds claimed as to any taxable period for which cor rections have been made by the Federal Internal Revenue Service.
HB 528, By Representative Knight of the 67th: A bill to amend the Code of Georgia relating to the amount of interest charged a taxpayer for income tax purposes and the amount of interest paid to a taxpayer for income tax purposes.
HB 770. By Representatives Irvin of the 23rd, Karrh of the 106th, Sams of the 90th and others: A bill to amend Code Chapter 67-7, relating to the manner of fore closure of mortgages on personalty so as to delete a provision relative to attaching a copy of a waiver to a petition.
HB 83. By Representative Games of the 43rd: A bill to amend the "Georgia Industrial Loan Act", approved March 4, 1955, so as to authorize the commissioner to place any licensee on probation; to authorize the commissioner to subject licensees to mone tary penalties for certain violations.
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 73. By Senators Stephens of the 36th and Bond of the 39th: A bill to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the pay ment of pension to county employees, as amended.

TUESDAY, MARCH 11, 1975

1611

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 222. By Senator Stephens of the 36th:
A bill to amend Code Section 36-606, providing for the interest to be vested in a person seeking condemnation, as amended, so as to provide that certain counties shall acquire a fee simple title to property con demned upon payment of the condemnation money.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 904. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act incorporating the Town of Orchard Hill in Spalding County so as to provide that the town shall be a body politic and corporate with perpetual succession, may contract, may sue and be sued, plead and be impleaded in the courts, and may have and use a common seal.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 930. By Representatives Lambert of the 112th, and Milford, Clark and Mann of the 13th:
A bill to create and establish a Small Claims Court in and for Greene County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Ballard of the 45th moved that HB 930 be immediately transmitted to the House.

On the motion, the ayes were 42, nays 0; the motion prevailed, and HB 930 was immedately transmitted to the House.

HB 931. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act creating a new Charter for the City of Madison so as to authorize the Mayor and Council to appoint a recorder of the Mayor's Court and fix his 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Ballard of the 45th moved that HB 931 be immediately transmitted to the House.

On the motion, the ayes were 42, nays 0; the motion prevailed, and HB 931 was immediately transmitted to the House.

HB 932. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act creating a new charter for the City of Madison so as to change the terms of office 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 were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Ballard of the 45th moved that HB 932 be immediately transmitted to the House.

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1613

On the motion, the ayes were 42, nays 0; the motion prevailed, and HB 932 was immediately transmitted to the House.

HB 933. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Judge of the Probate Court, Tax Collector and Tax Receiver of Morgan County on a salary basis in lieu of a fee system of compensation so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Morgan 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Ballard of the 45th moved that HB 933 be immediately transmitted to the House.

On the motion, the ayes were 42, nays 0; the motion prevailed, and HB 933 was immediately transmitted to the House.

HB 938. By Representative Rainey of the 135th:
A bill to amend an Act placing the clerk of the superior court, the sheriff and the ordinary (now Judge of the Probate Court) of Dooly County on an annual salary in lieu of the fee system of compensation so as to change the provisions relative to feeding prisoners confined in the county jail.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 943. By Representative Phillips of the 91st:
A bill to amend an Act incorporating the Town of Waverly Hall in Harris County so as to provide for a quorum at meetings of the mayor and council; to provide for a minimum number of votes for the passage of ordinances and resolutions.

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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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 953. By Representatives Triplett of the 128th, Battle of the 124th, Gignilliat of the 122nd 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 relating 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 959. By Representatives Howell of the 140th, Hatcher of the 131st and Irwin of the 130th:
A bill to amend an Act placing the sheriff of Calhoun 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 960. By Representative Ross of the 76th:
A bill to create a new charter for the City of Warrenton; to prescribe the corporate limits of said city; to provide for the government of said city and its corporate powers.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.

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1615

The bill, having received the requisite constitutional majority, was passed.

HB 961. By Representative Ross of the 76th:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Lincoln County and providing in lieu thereof an annual salary so as to change the compensation of the said sheriff.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 962. By Representative Ross of the 76th:
A bill to amend an Act entitled "An Act to amend the Act of 1922 so as to change the term of office board of county commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties, and for other purposes", so as to change the compensation, expenses and allowances of the Chair man 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 963. By Representative Ross of the 76th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County (now Board of Commissioners of Lincoln County) so as to change the 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 were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE SENATE,

HB 965. By Representatives Patten and Carter of the 146th:
A bill to amend an Act creating a Board of Commissioners of Tift County so as to provide that a member of the board of commissioners from commissioner districts 2, 4 and 5 shall be ineligible for the office of chairman unless he resigns from office by a certain 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 966. By Representative Car.r of the 105th:
A bill to amend an Act creating the State Court of Washington County so as to change the method of selecting jurors; to provide for civil and criminal trials by a jury of six persons; to provide for the compensation of jurors.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 967. By Representatives Evans of the 99th, Randall of the 101st, Banks of the 104th and others:
A bill to amend an Act fixing the terms of the Superior Court of Bibb County and providing for the drawing of grand juries so as to provide that the grand jury shall be sworn when first empaneled and need not be sworn thereafter even though its life extends beyond the term of court when originally drawn.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 11, 1975

1617

SB 363. By Senator Barnes of the 33rd:
A bill to amend an Act providing for a new charter for the City of Powder Springs, Georgia, as amended, so as to redefine 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 364. By Senators Barnes of the 33rd and Brantley of the 56th:
A bill to amend an Act creating a new charter for the City of Kennesaw, as amended, so as to change the provisions relating to the election of Mayor and Councilmen; to change the term of office for 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 were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 954. By Representative Phillips of the 120th:
A bill to amend an Act creating the office of the Tax Commissioner of Montgomery County so as to provide for determination of the com pensation 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 978. By Representatives Logan of the 62nd and Russell of the 64th:
A bill to amend an Act placing the Sheriff of Clarke County upon an annual salary so as to increase the food allowance for the prisoners confined in the county jail.

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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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 980. By Representatives Patten and Carter of the 146th:
A bill to amend an Act creating a Small Claims Court in certain counties of this State so as to change the population classification of said Act; to change the provisions relative to costs, fees and commis sions.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 992. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act creating a county commissioner of roads and revenues and an advisory board of Gilmer County so as to change the provisions relative to the compensation and expense allowance of the commissioner of Gilmer 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 100. By Senators Stephens of the 36th and Bond of the 39th:
A bill to provide for the compensation of the sheriff of certain counties, and the procedure in connection with the payment thereof; to provide for an effective date; to specifically repeal certain laws.

The Committee on County and Urban Affairs offered the following sub stitute to SB 100:
A BILL
To be entitled an Act to provide for the compensation of the sheriff of certain counties, and the procedure in connection with the payment

TUESDAY, MARCH 11, 1975

1619

thereof; to provide for an effective date; to specifically repeal certain laws; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. The annual salary of the sheriff of all counties in the State having a population of 500,000 or more, according to the 1970 United States Decennial Census, or any future such census, shall be $26,200.00. Said salary shall be payable in equal monthly installments out of the treasuries of such counties.

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. An Act providing for the salary of the sheriff in certain counties, approved March 29, 1973 (Ga. Laws 1973, p. 2461), is hereby repealed.

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 49, nays, 0 and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 215. By Senators Hudson of the 35th, Stephens of the 36th and Hamilton of the 34th:
A bill to fix the salary of the First Assistant Solicitor, the Assistant Solicitors and the Special Assistant to the Solicitor General of the Criminal Court of Fulton County; to provide the procedures connected therewith; to provide an effective date.

The Committee on County and Urban Affairs offered the following sub stitute to SB 215:
A BILL
To be entitled an Act to fix the salary of the First Assistant Solicitor, the Assistant Solicitors and the Special Assistant to the

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Solicitor General of the Criminal Court of Fulton County; to provide the procedures connected withwith; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Notwithstanding any other provisions of any law to the contrary, the annual compensation of the First Assistant Solicitor of the Criminal Court of Fulton County for his services as such shall be $24,000.00 per annum.

Section 2. Notwithstanding any other provisions of law to the contrary, the annual compensation of the Assistant Solicitors and the Special Assistant to the Solicitor General of the Criminal Court of Fulton County shall be not less than $14,000.00 per annum and not more than $23,000.00 per annum, the amounts of such salaries between such limitations to be fixed by the Solicitor General of the Criminal Court of Fulton County.

Section 3. The salaries provided for in Sections 1 and 2 of this Act for said First Assistant Solicitor, the Assistant Solicitors and the Spec ial Assistant to the Solicitor General of the Criminal Court of Fulton County shall be paid from the funds of Fulton County in monthly in stallments or at such other times as the fiscal authorities shall direct.

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Stephens of the 36th offered the following amendment:
Amend the committee substitute to SB 215 by deleting on Page 1, line 4, the word "withwith", and inserting in lieu thereof the word "there with".

On the adoption of the amendment, the yeas were 49, nays 0, and the amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 49, 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 yeas were 49, nays 0.

TUESDAY, MARCH 11, 1975

1621

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 300. By Senator Stephens of the 36th:
A bill to completely and exhaustively revise, supersede and consolidate the laws relating to the Merit System of Personnel Administration for Fulton County; to define certain terms; to provide for the appointment of a personnel board along with provisions for their removal and com pensation.

The Committee on County and Urban Affairs offered the following sub stitute to SB 300:
A BILL
To be entitled an Act to completely and exhaustively revise, super sede and consolidate the laws relating to the Merit System of Personnel Administration for Pulton County; to define certain terms; to provide for the appointment of a personnel board along with provisions for their removal and compensation; to delineate the powers, duties and re sponsibilities of said board; to provide for the appointment, removal, compensation and duties of a personnel director; to define the classi fied and unclassified service; to provide for compulsory retirement of employees; to provide for the establishment of a comprehensive set of rules and regulations along with appropriate classification and com pensation plans; to provide a method for bringing charges against an employee; to provide guidelines to determine appropriateness and order of layoffs; to provide for leaves of absence without pay; to provide for the demotion or removal of employees; to provide for the suspension of an employee; to provide guidelines and limitations on the political activity of employees; to provide for penalties for violation of this Act; to provide for an employee oath; to provide for bonding employees; to provide for severability; to provide for specific repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Definitions. The following terms, when used in this Act, shall have the following meanings unless the context clearly requires otherwise:
(a) "Appointing authority" means the person or groups of persons authorized by law or lawfully delegated authority to make appointments to the classified service.
(b) "Board" means the Fulton County personnel board.
(c) "Classified employee" means any employee holding a position in the classified service.

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(d) "Classified service" means all offices and positions of trust and employment in the service of Fulton County except those specifi cally exempted from the classified service by this Act.

(e) "County commissioners" and "commission" mean the Board of Commissioners of Fulton County.

(f) "Department" means all separate and distinct divisions of the Fulton County government whose heads are legally authorized to ap point individuals to positions.

(g) "Director" means the personnel director.

(h) "Position" means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.

(i) "Public hearings" means an opportunity given after reasonable public notice for any person or persons to appear before the appropriate board and be heard on a personnel matter of common concern.

Section 2. Appointment, removal, compensation of board, (a) The Fulton County personnel board shall consist of three (3) members of known sympathy to the Merit System of Personnel Administration who are current residents of Fulton County and who have been such resi dents for a minimum of two (2) years. The current members of the personnel board shall continue to serve on said board until the expiration of their present terms, and until their successors are appointed and qualified. Thereafter, all appointments to the board shall be as follows:

The Chairman of the Board of Commissioners of Fulton County shall nominate members of the board subject to confirmation by a majority vote of the commission at its next regular meeting after said nominations are made. All appointments shall be for six (6) years and the members shall serve until their successors have been appointed and qualified. The members shall annually elect one (1) of their members as chairman of the board and another mem ber as vice chairman. Two (2) members of the board shall con stitute a quorum for the transaction of business. Vacancies in the office of the board created by death, resignation or otherwise shall be filled by nomination of the Chairman of the Fulton County Commission and confirmation by the board of commissioners. No member of the Personnel Board shall hold any other lucrative of fice, by election, or appointment, or employment under the United States Government, State of Georgia, or any political subdivision thereof, except the office of Notary Public or in the military forces.

(b) A board member may be removed only for cause after charges have been filed with the county commission. Such charges must be filed in writing and a copy furnished the member sought to be re moved. The member shall be entitled to a public hearing before the county commissioners, and removal shall be accomplished only after such hearings and a majority vote of the entire board of the county commissioners.

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(c) The members of the board shall be paid at the rate established and approved by the governing authority of Fulton County on a per diem basis for the time actually devoted to the business of the board, provided that no member shall be paid for more than thirty-six (36) days of service in any one calendar year but provided further that pay ment for days in excess of 36 in any calendar year may be made when specifically approved in each case by the board of commissioners.

(d) The board shall keep its office and hold its meetings at the seat of the Fulton County government. The board shall schedule, pub lish notice thereof, and hold regular meetings at least once monthly, and as often in addition thereto as the board may provide. All meetings shall be open to the public.

Section 3. Powers and duties of the board, (a) The personnel board as a body shall have the power:

(1) To adopt and amend rules and regulations for the ad ministration of this Act.

(2) To make investigations concerning the enforcement and effect of this Act, and to require observance of its provisions and the rules and regulations promulgated under this Act.

(3) To oversee the duties of the personnel director to insure the effective administration of this Act.

(4) To conduct hearings, render decisions and order execution of those decisions on proper cases brought before the board, (b) It shall be the duty of the personnel board as a body:

(1) To represent the public interest in the improvement of personnel administration in the Fulton County government.

(2) To conduct public hearings and proper investigations for the purpose of adopting, rescinding and amending rules and regu lations for the administration of this Act. At said hearings, the county commissioners, appointing authorities and the classified employees shall be afforded every opportunity to be heard. Such rules and regulations, when approved by the board of the county commissioners, shall have the force and effect of law and shall be binding upon appointing authorities, classified employees and all other individuals coming under the authority of this Act. The rules and regulations shall include provisions for the establishment and maintenance of classification and compensation plans, the conduct of examinations and the establishment of registers of persons elig ible for appointment in the classified service, the certification of eligible persons, appointments, administration of promotions, trans fers, demotions, suspensions, separations, tenure, reemployment, ap peals, payroll certifications or audit, leave of absence and other phases of effective personnel administration. Such rules and regu lations shall define and prohibit improper political behavior by

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any classified employee or any individual covered by this Act and shall provide that there shall be no discrimination for or against any person or employee because of political affiliation, religious af filiation, race, creed, national origin, sex, age or physical handicap which will not interfere with adequate performance of duties. Notice of the content of such rules, regulations, classification plan, salary schedule and modifications thereof shall be given to all appointing authorities affected thereby and shall be printed for public distribution. The rules and regulations of the board in effect at the time of the effective date of this Act shall remain in effect until such rules and regulations are amended by the board. Classification plans, compensation plans and salary schedules promulgated under the rules and regulations will become effective upon approval of the county commission.

(3) To approve, prescribe the duties of, and supervise the official activities of the personnel director in the administration of this Act.

(4) To hear and determine appeals against actions or condi tions which result in a loss of pay, grade, position or status to a classified employee or other purported violations of the rules and regulations or provisions of this Act.

(5) To make such investigations as may be requested by the county commissioners where general Fulton County employees are affected, or on its own motion and to report thereon.

(6) To keep minutes of its own meetings and such other records as the board may deem necessary.

(7) To examine and approve or modify the annual report pre pared by the personnel director and submit such report to the county commissioners transmitting therewith any suggestions it may ap prove for the more effective accomplishment of the purpose of this Act. Such report shall be made available to any interested group.

Section 4. Appointment, removal, compensation and duties of the personnel director, (a) The executive head of the personnel department shall be known as the personnel director and shall be an individual who is competent, trained and experienced in the field of personnel adminis tration and thoroughly in sympathy with the application of merit and sound business principles in the administration of personnel. The per sonnel director shall function, also, in the capacity of executive secretary to the personnel board. The present Personnel Director of Fulton County shall continue in office until July 1, 1976, and until his successor is appointed and qualified.
(1) The term of office for the personnel director shall be four (4) years and until a successor is appointed and qualified. Appoint ments to the position of personnel director shall be made as follows: The county manager and personnel board shall jointly nominate an individual for the position of personnel director. This nomination is

TUESDAY, MARCH 11, 1975

1625

subject to confirmation by a majority vote of the Pulton County commission at its next regular meeting after said nomination is made.

(2) The personnel director shall appoint and supervise any necessary employees and incur necessary expenses for the adminis tration of this Act within the limits of appropriation specified by the county commissioners, provided that such appropriation shall be adequate for the proper administration of this Act.

(3) The county commissioners shall provide adequate quarters for the board and personnel director to administer the provisions of this Act.

(b) The personnel director shall take the same oath of office pre scribed for the county commissioners and give bond in the penal sum to be fixed by the county commission for his faithful performance.

(c) The personnel director shall hold his office during good behavior and may be removed before the expiration of his term only for cause after a public hearing by the personnel board.

(d) The personnel director shall be paid such salary as may be fixed by the personnel board with the consent and approval of the county commission.

(e) It shall be duty of the personnel director:

(1) To attend the meetings of the board, to act as its personnel director and to record its official actions.

(2) To prepare, recommend and administer the Merit System of Personnel Administration, the rules and regulations, classifica tion plan, compensation plan and salary schedule for the proper administration and execution of this Act.

(3) To establish and maintain a roster of all officers and em ployees in the employ of Fulton County who are covered by this Act, showing for each person the date of appointment, the title of posi tion held, the initial rate of compensation of all changes thereof and such other information as may be deemed desirable and pertinent.

(4) To inspect the payrolls or other compensation for personnel service in the classified service and certify that the persons named therein have been appointed and employed in accordance with the provisions of this Act. Such certification may either be on a regular or irregular basis and may be in the form of either a preaudit or a post audit as directed by the county commissioners in accordance with prudent financial administration. Practices and procedures in violation of the rules and regulations of the board and transactions which are not in compliance with the compensation plan and salary schedule shall be forwarded as payroll exceptions to the director of

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finance who shall treat such exceptions in the same manner as all other audit exceptions.

(5) To recommend to the board and county commissioners proper classification and pay ranges of new positions created in the classified service covered by this Act, according to duties and responsibilities. Also certain unclassified positions designated in the salary schedule and compensation plan shall come under the purview of the personnel director for such recommendations.

(6) To appoint and supervise such employees as may be re quired for the effective administration of this Act. Said employees shall be in the classified service.

(7) To compel the attendance of witnesses and the production of books, papers, public records and other documentary evidence pertinent to any investigation in connection with the administration of the provisions of this Act. In conducting said investigation, the personnel director shall have the power to issue subpoenaes, receive relevant evidence, administer oaths and question witnesses.

(8) To make an annual written report to the board.
(9) To perform any other lawful act required for the execu tion of the provisions and spirit of this Act.
Section 5. Unclassified and classified service, (a) The unclassified service shall consist of the following:
(1) Officers elected by the people and persons appointed to fill vacancies in such elective offices.
(2) The clerk of the board of county commissioners and the county manager.
(3) Heads of department elected or appointed by the county commissioners, county manager, and/or by the judges of the supe rior court, provided that the phrase "head of department" as used in this Section shall mean the executive head of a department who is directly responsible for forming policies and who is vested with discretion as to his acts, being solely responsible for the administra tion of the department concerned. An employee performing purely functional or administrative duties shall not be classified as the head of a department.
(4) The Marshal of the Civil Court of Fulton County, certain deputy marshals (special) designated by law and the clerk of said court.
(5) All Assistant Solicitors General of the Criminal Court of Fulton County, the special assistant to the solicitor general and the 1st assistant solicitor general of said court.

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1627

(6) The personal secretary and/or special bailiff of any Judge of the Superior, Criminal or Juvenile Court of Fulton County, the law clerks and administrative assistant assigned to such judges and the official court reporter thereof.

(7) The county attorney and all personnel of the legal depart ment.

(8) All referees and senior referees assigned to juvenile court.

(9) One secretary (each civil court judge, provided such judge elects to have his secretary so designated) and all official court re porters of the civil court.

(10) The director, traffic violations bureau, assigned to the criminal court clerk and the chief deputy clerk, criminal court clerk.

(11) The district attorney and all trial assistant trainees, deputy district attorneys, assistant district attorneys and one 1st assistant district attorney assigned to the office of the district at torney.

(12) The administrator of the superior court and one secretary assigned to such administrator.

(13) One jury clerk assigned to the superior court and one secretary assigned to the administrator of said court.

(14) Employees who may be designated for the unclassified service by other Ga. Laws, or by action of the Fulton County com mission concurred in by the Fulton County personnel board.

(b) The employees of any department under the unclassified service may come under the classified service and be governed by all of the provisions of this Act and rules and regulations of the personnel board created herein at any time in the future that a majority of the em ployees of said department shall sign a petition requesting to be so classified and file the same with the personnel director, provided the board of commissioners approve. Said department shall be deemed to be in the classified service from the date of filing of said petition with the personnel director and all employees of said department shall auto matically come under the provisions of this Act as if they had been originally in the classified service as provided herein. A newly organized department, or an activity whose function is being absorbed by the county, may be included in the classified service by action of the county commission concurred in by the personnel board.

(c) The agencies, groups or individuals, while functional units of the Fulton County government, shall not be administratively grouped with either the classified or unclassified service:

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(1) Members of boards or commissions appointed by the county commissioners for special purposes.

(2) Persons temporarily appointed or designated to make or conduct special inquiry, investigation, examination or special duties where such appointment or designation is certified by the board to be for employment which should not be performed by persons in the classified service.

(3) Officers and employees of the Fulton County board of education and superintendents, assistant superintendents under the board of education and other persons elected by said board of educa tion for definite terms.

(4) Board of tax assessors, board of health, board of inspec tion and other governing boards set up to determine policy for a specified department or function.

(5) All officers and employees of the Fulton County Depart ment of Family and Children Services, provided the food stamp division and the shelter care division of the Department of Family and Children Services shall be in the classified service.

(d) The classified service shall be a permanent career service to which this Act shall apply and shall comprise all tenured positions now existing or hereafter created in or under Fulton County except those positions or offices specifically designated as the unclassified service or exempted from either the classified or unclassified service by this Section.

Section 6. Retirement because of age. All members of the classified service shall be retired on account of age effective at the end of the calendar year in which they respectively attain the age of seventy (70) years.

Section 7. Status of incumbents. All permanent employees in the classified service prior to the enactment of this Act shall retain their current status with no loss of rights, privileges and obligations. All classified employees in other than permanent status will retain their relative position and status under this Act. The enactment of this statute will not change the pay increment date, sick leave accrual, annual leave accrued or any other entitlement the employee may have.

Section 8. Charges against an employee. The county commission shall have the right to prefer charges against any employee in the classi fied service for violations of any provisions of this Act or the rules and regulations of the board. The employee against whom such charges are filed shall have the opportunity to answer such charges in writing within ten (10) days after receiving written notice of the charges preferred and to file with the board affidavits in support of such answers. There after, the proceedings shall be the same as in cases where disciplinary action is taken or charges are preferred by an appointing authority in accordance with the provisions of this Act.

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1629

Section 9. Reduction in force, (a) The appointing authority may lay off a classified employee when required by unusual conditions, or short age or stoppage of work or funds. Such layoff will be effected in accor dance with rules and regulations promulgated by the board. The appoint ing authority shall, before the effective date of such reduction in force, give written notice of his contemplated action to the employee involved and to the personnel director.

(b) Any employee with permanent status who has been laid off for the reasons stated in this Section of this Act shall have his name placed on an appropriate reemployment register.

Section 10. Leave of absence without pay. (a) Leave of absence without pay for a period not to exceed six (6) consecutive months may be granted to any employee upon proper showing of cause by the em ployee and with the approval of the appointing authority.

(b) Any leave of absence for a period in excess of six (6) consecu tive months as provided herein shall be obtained only with the approval of the personnel board.

Section 11. Demotion and removal. An appointing authority may, in accordance with the rules and regulations, demote or remove for cause any subordinate provided that prior to the effective date of such re moval, the appointing authority shall give written notice of his con templated action to both the employee and the personnel director. Such notice shall set forth the details for said disciplinary action. The dis ciplinary action shall not be final until either:

(a) The expiration of ten (10) days following receipt of such notice and the employee has not requested a hearing before the board;

(b) The board has heard the appeal and rendered a decision on the merits of the case.
Section 12. Suspension, (a) An appointing authority may in ac cordance with the rules and regulations established by the board, suspend without pay for cause a classified employee for disciplinary purposes. Such suspension shall not exceed thirty (30) days in any twelve (12) month period.
(b) Pending the finality of a removal for cause in allowance with Section 11 of this Act, or when a classified employee against whom charges have been brought for an alleged offense of a nature which, if proved, would render continued employment with the county undesir able, an appointing authority may suspend without pay such classified employee. Such suspension shall remain in effect until final disposition of charges is made, provided that if the suspension extends beyond a thirty (30) day period without a final disposition of the charges, such employee may appeal to the personnel board for reinstatement. However, if the removal for cause is not sustained by the personnel board, or if such employee is not found guilty of the alleged offense, such employee

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shall be reinstated with all benefits including salary which would have accrued to him, had he not been suspended.

Section 13. Political activity, (a) In applying the provisions of this Act or in doing the things hereby provided no person whosoever shall give any consideration to political or religious affiliations. No recommenda tion for any person who applies for office or position in the classified service, or for examination under the provisions of this Act, except as to character, and in the case of former employees as to ability, shall be considered by the personnel director or appointing authority in giving any examination, appointment, promotion or reinstatement under this Act.

(b) No classified employee shall use his official authority or in fluence for the purpose of interfering with or affecting the results of any election or nomination for office, nor shall any appointing authority, official, or other individual compel or coerce any classified employee to circulate petitions, or distribute political paraphernalia, or solicit con tributions or services for any political party or candidate.

(c) Fulton County employees may voluntarily hold membership in partisan political parties or clubs, provided that participation in the activities of such partisan political parties or clubs be confined to nonduty hours. Furthermore, classified employees may express their polit ical views, vote in any election, and otherwise enjoy the benefits of private citizens, provided that any classified employee shall resign his position upon becoming a candidate for an elective position.

Section 14. Dismissal for violation. Any person in the classified service violating any provision of this Act may be dismissed from the classified service but shall be entitled to a written copy of the charges and an opportunity to a fair hearing before the board prior to said dismissal.

Section 15. Penalties, (a) Any person who shall wilfully or corrupt ly violate the provisions of this Act shall be guilty of a misdemeanor and shall on conviction thereof be punished as for a misdemeanor prescribed by laws of the State of Georgia.

(b) Any person in the classified service who is convicted of a mis demeanor under the foregoing subsection of this Act shall, in addition to any punishment prescribed by law, be dismissed from county service and not be eligible for reemployment, reinstatement or reappointment for a period of three (3) years following such dismissal.

Section 16. Oaths. The board and all employees in the classified service shall take an oath of office and loyalty as prescribed by law for their respective positions. The board, personnel director and other of ficials duly authorized by law to administer oaths may administer such oaths which may be in a written and/or oral format.

Section 17. Bonds, (a) Any employee under classified service who is employed in any department under the control and office of an

TUESDAY, MARCH 11, 1975

1631

elected officer who is or may be responsible for the acts of such em ployee as a deputy, may be required as a condition of his employment to give bond with good security in an amount satisfactory to the head of such department, conditional to indemnify such officer or head against loss by reason of the conduct of such employee or deputy, or because of any error made by an employee or deputy in the performance of his duties as an employee or deputy. The premium of said bond shall be paid by the Treasurer of Fulton County.

(b) Should the amount of bond required be deemed by the board to be arbitrary, unreasonable or oppressive, an appeal shall lie to the superior court which shall have the authority to set the amount of such bond.

(c) The board shall have the right in its discretion to require bonds of employees other than those specified in the preceding Sections, where the duties of such employee make a bond necessary or desirable but this provision shall not forbid the county commission or any other authority coming under county government to require any employee handling funds or performing duties of trust to post bond.

Section 18. Effective date. This Act shall become effective July 1, 1975, after approval by the Governor or becoming law without his ap proval.
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, sen tence, clause or phrase so declared or adjudged invalid or unconstitu tional were not originally a part hereo. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 20. Repeal. An Act creating a Civil Service Board of Fulton County, approved March 15, 1943 (Ga. Laws 1943, p. 971), as amended, is hereby repealed in its entirety.
Section 21. Repealer. 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, 0 and the sub stitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

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The bill, having received the requisite constitutional majority, was passed by substitute.

HB 677. By Representative 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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 678. By Representative 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 allowance of the sheriff for feeding county 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 679. By Representative 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 assistance 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 680. By Representative Peters of the 2nd: A bill to amend an Act placing the Judge of the Probate Court and

TUESDAY, MARCH 11, 1975

1633

Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees so as to increase the salary 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 759. By Representatives Alexander of the 38th, Dean of the 29th, Glover of the 32nd and others:
A bill to amend an Act establishing the Civil Court of Fulton County (formerly the Municipal Court of Atlanta) so as to change the pro visions relating to appeals to the Appellate Division of said court and to the Court of Appeals and Supreme Court of Ga. 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 983. By Representatives Phillip of the 59th, Wall of the 61st and Harris of the 60th:
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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 914. By Representatives Kreeger of the 21st, Howard and Cooper of the 19th and others:
A bill to amend an Act amending, revising, consolidating and supersed ing the several Acts incorporating the Town of Austell and reincorporat-

1634

JOURNAL OP THE SENATE,

ing said town as a city, approved Aug. 17, 1929, so as to change the corporate limits of said city.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 914 by striking on line 26 on Page 1 the figure "350" and substituting in lieu thereof the figure "3350".
By striking on line 26 on Page 2 the figure "350" and substituting in lieu thereof the figure "3350".

On the adoption of the amendment, the ayes were 49, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following local, uncontested resolution, favorably reported by the com mittee, was read the third time and put upon its adoption:

HR 205. By Representatives Logan of the 62nd and Russell of the 64th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Athens Development Authority; to authorize the General Assembly of Georgia to create such Authority as a corporate body and to specify its powers and duties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitu tion is amended by adding at the end thereof the following:
"The General Assembly shall be authorized to create in and for the City of Athens, the Downtown Athens Development Au thority for the purpose of the redevelopment of the downtown Athens area. Said Authority shall have the power to employ en-

TUESDAY, MARCH 11, 1975

1635

gineers and planners, to buy, sell and lease real estate, and other property, to contract for the construction, remodeling and altering of buildings, and to contract with the City of Athens for the con struction, reconstruction, altering, 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 Athens, and to submit to the Mayor and Council of the City of Athens a proposed millage rate for taxes on property within said districts based on values of real and personal property fixed by the Tax Digest of the City of Athens and upon approval of such rate by the Mayor and Council of the City of Athens, to have such taxes levied and collected along with ad valorem taxes of the City of Athens, and to use the income therefrom to finance the projects undertaken by such Authority. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and taxes collected within said districts as herein provided for the retirement 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 exclusively for school or church purposes. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in carrying out its aims and objectives.

The General Assembly shall provide for all matters relating to the composition of the members of the Authority, their terms of office and related matters, and the geographical limits within the City of Athens which shall be subject to the provisions of this amendment."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
" ( ) YES Shall the Constitution be amended so as to provide for the establishment of a Downtown Athens
( ) NO Development Authority and to provide for the powers, duties, and responsibilities of said Au thority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the 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.

1636

JOURNAL OF THE SENATE,

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballsrd Banks Barker Barnes Bell Bond Brantley Brown of 47th
Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard
Hudgins Hudson Kennedy 'Kidd Langford Lester Lewis McDowell McGill

Overby Pearce Reynolds Robinson Shapard Starr Stumbaugh Summers
Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th
Dean of 31st McDuffie

Riley Russell

Stephens Timmons

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional majori ty, was adopted.

HR 128. By Representative Knight of the 67th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Board of Education of Coweta County to enter into certain leases, contracts, and lease agreements for a term not exceeding 30 years; to provide for the submission of this [amendment for ratification or rejection; and for other purposes. j
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 a new paragraph to read as follows:

TUESDAY, MARCH 11, 1975

1637

"Leases Authorized. The Board of Education of Coweta County, and its successors, is hereby authorized to enter into leases, con tracts and lease purchase agreements for a term not exceeding 30 years for land, buildings, equipment, or facilities, or any com bination thereof, with any public or private party, agency, individual, corporation, partnership or association, to be used for educational or school purposes. As part of such lease, contract or lease purchase agreement the Board of Education of Coweta County may enter into binding agreements for the payment of funds for the use of such land, buildings, equipment or facilities for such period not to exceed 30 years which shall constitute a charge against the revenues of said Board of Education; and the obligations incurred by the Board of Education of Coweta County pursuant to the authority of this paragraph shall not constitute debt within the meaning of the debt limitation provided for by this Paragraph I or any other Article, Paragraph or Provision of this Constitution. Said Board of Educa tion may expend funds for the purpose of improving any land, buildings or facilities, or any combination thereof, the control over which is acquired pursuant to the authority of this paragraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the Board of Education of Coweta County to enter
( ) NO into leases, contracts and lease purchase agreements for a term not exceeding 30 years for land, buildings, equipment, or facilities, or any combination thereof, to be used for public purposes?"
AH persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Bond

Brantley Brown of 47th Carter

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JOURNAL OF THE SENATE,

Coverdell Dean of 6th Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway

Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell
McGill Overby Pearce Reynolds

Robinson Shapard Starr Stumbaugh Summers Button Tate Thompson
Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Dean of 31st McDuffie

Riley Russell

Stephens Timmons

On the adoption of the resolution, the ayes were 49, nays 0.

The resolution, having received the requisite two-thirds constitutional major ity, was adopted.

The President ordered the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Duncan Eldridge Fincher
Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway
Howard
Hudgins
Hudson
Kennedy
Kidd Langford
Lester Lewis McDowell
McDuffie
McGill

Overby Pearce Reynolds Robinson Shapard Starr Stumbaugh
Summers
Button
Tate Thompson
Timmons
Traylor Turner
Tysinger
Warren
Young

TUESDAY, MARCH 11, 1975

1639

Those not answering were Senators:

Dean of 31st Riley

Russell

Stephens

Senator Doss of the 52nd introduced as Chaplain, The Reverend S. Michael O'Brien, pastor, Westminister Presbyterian Church, Rome, Georgia, who offered scripture reading and prayer.

Senator Holloway of the 12th assumed the Chair.
SENATE RULES CALENDAR.
Tuesday, March 11, 1975
SR 107. Public Service Commission--appeals and reviews go to Supreme Court
SB 149. Automated Bank Teller Facilities--in county of parent bank (SUB) SB 255. Student Grants--full-time students not in State colleges (SUB) SB 262. Inmate--compensation for work in correctional industry (SUB) SB 263. Prison Produced Goods and Services--provisions for sale (SUB) SB 285. Consumer Advisory Board--create (SUB) SB 296. Boards of Education--purchase liability insurance (AM) SB 321. Warm Springs Hospital--surplus funds SB 326. Cities and Counties--real estate broker professional tax (SUB) SB 336. Purchasing Department--purchases from Department of Correc
tions SB 346. Marijuana Possession--sentence for third offense SB 356. Nurse Anesthetists--change professional and educational stan
dards SB 360. Business Contracts--be in writing SB 361. Motor Vehicle Operators--revise financial responsibility law (AM) SB 365. Sheriff's Fees--change certain fees SB 367. Invasion of Privacy--eavesdropping and surveillance (SUB) SB 368. Deceased Employees--increase amount of wages paid SR 104. Education Department--urge sick leave plan (AM) SR 115. Fulton County Transportation Study Committee--create
HB 53. State Boxing Commission--create (AM) HB 149. Wells--regulate drilling more than 1800 feet

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JOURNAL OP THE SENATE,

HB 224. School Bus Drivers--sick and personal leave expenses HB 309. Public Safety Radio Service--State-wide plan to regulate (AM) HB 358. Employees' Health Insurance--redefine employee HB 694. Prison Warden or Superintendent--grant emergency leave
HB 695. Youthful Offender Act--redefine "conviction"
HB 708. Motor Vehicle Franchise Registration--failure to renew
HB 709. Motor Vehicle Dealers--additional franchises
HB 710. Sale of Abandoned Motor Vehicles--change provisions
HB 711. Motor Vehicle Franchise Act--change provisions on warranty
HB 818. State Employee Physical Exam--change provisions
HB 856. County Judicial Officers--non-partisan election

Respectfully submitted,
Is/ Frank Eldridge, Jr. Eldridge of the 7th, Chairman Senate Rules Committee

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 107. By Senators Riley of the 1st, Brown of the 47th, Reynolds of the 48th and Banks of the 17th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Supreme Court shall have jurisdiction over direct appeals or review proceedings from the Public Service Commission; 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 II, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:
"The Supreme Court shall also have jurisdiction over direct appeals or review proceedings from the Public Service Commission in such manner and with such powers with respect thereto as the General Assembly may provide."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

TUESDAY, MARCH 11, 1975

1641

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 Supreme Court shall have jurisdiction over
( ) NO direct appeals or review proceedings from the Public Service Commission?"

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, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes
Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Barker Broun of 46th Gillis

Holloway (presiding) Pearce Riley

Thompson Warren

On the adoption of the resolution, the yeas were 48, nays 0.

1642

JOURNAL OF THE SENATE,

The resolution, having received the requisite constitutional majority, was adopted.

SB 149. By Senators Holley of the 22nd, Riley of the 1st, Holloway of the 12th and Starr of the 44th:
A bill to amend Code Section 13-203.2 relating to the expansion or ex tension of existing bank facilities, as amended, so as to provide for the installation of "automated teller facilities" or "point-of-sale terminals" within the county in which a parent bank, branch bank, bank office or bank facility is located, with the approval of the Commissioner of the Department of Banking and Finance.

The Senate Committee on Banking, Finance and Insurance offered the follow ing substitute to SB 149:
A BILL
To be entitled an Act to amend Code Section 13-203.2, relating to the expansion or extension of existing bank facilities, as amended, so as to provide for the installation of unmanned "automated teller facilities" or unmanned "point-of-sale terminals" within the county in which a parent bank or branch bank is located, with the approval of the Com missioner of the Department of Banking and Finance; to define "auto mated teller facilities" and "point-of-sale terminals"; to provide that loan production offices shall not be considered to be a parent bank, branch bank, bank office or bank facility; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 13-203.2, relating to the expansion or extension of existing bank facilities, as amended, is hereby amended by adding two new subsections at the end thereof to be designated subsec tions (d) and (e) to read as follows:
"(d) within the county in which a parent bank or branch bank is located provided such facility is established with the approval of the Commissioner and is an unmanned automated teller facility or unmanned point-of-sale terminal as hereinafter defined. Such facilities may be operated individually by any bank or jointly on a cost-sharing basis by two or more banks or other financial institu tions. 'Automated teller facilities' means electronic or mechanical equipment which performs routine banking transactions for the public at locations off premises of a parent bank, branch bank, bank office, or bank facility under Regulations prescribed by the Com missioner. Automatic tellers shall be unmanned. "Point-of-sale termi nals' means electronic or mechanical equipment located in nonbank business outlets to record, directly with a bank, transactions occur ring as a result of the sale of goods or services.

TUESDAY, MARCH 11, 1975

1643

(e) loan production offices shall not be considered to be a parent bank, branch bank, bank office or bank facility."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Barker of the 18th offered the following amendment:
Amend the Committee substitute to SB 149 by adding in the title on line 11 of Page 1, immediately preceding the phrase "to repeal con flicting laws", the following:
"to provide exceptions;"
By adding in Section 1, on line 9 of Page 2, the following new paragraph after the word "Services":
"Provided, however, that the bank facility located on Robins Air Force Base in Houston County, Georgia, shall not be authorized to establish an automated teller facility or point-of-sale terminal anywhere in Houston County."

On the adoption of the amendment, the yeas were 37, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 38, nays 0, 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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Eldridge Fincher Foster Garrard Hamilton of 26th Hamilton of 34th
Hill Holley Howard Hudgins Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson

1644
Russell Shapard Starr Stephens Stumbaugh

JOURNAL OF THE SENATE,

Summers Sutton Tate Traylor

Turner Tysinger Warren Young

Voting in the negative were Senators: Ballard, Barnes and Gillis.

Those not voting were Senators:

Holloway (presiding) Riley

Thompson

Timmons

On the passage of the bill, the yeas were 49, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 255. By Senator 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 Ga., approved Apr. 14, 1971 (Ga. Laws 1971, p. 906), as amended, so as to provide that eligible students must be full-time students as of the beginning of each school term for which such grant is paid.

The Committee on Higher Education offered the following substitute:
A BILL
To be entitled an Act 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 Geor gia, approved April 14, 1971 (Ga. Laws 1971, p. 906), as amended, so as to provide that eligible students must be full-time students; to define the term "full-time student"; to provide for refund of grants paid in accordance with regulations of the Authority; to provide an effective date; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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), as amended, is hereby amended by strik ing subparagraph (b) of Section 3 of said Act in its entirety and insert ing in lieu thereof a new subparagraph (b) to read as follows:

TUESDAY, MARCH 11, 1975

1645

"(b) enrolls or plans to enroll as a full-time student at an approved institution as a:

(1) freshman or sophomore during the 1972-73 academic year;

(2) freshman, sophomore or junior during the 1973-74 academic year;

(3) undergraduate student during any academic year following the 1973-74 academic year;

(4) graduate student during any academic year following the 1974-75 academic year, provided funds are appropriated for pay ment of grants to graduate students;"

Section 2. Said Act is further amended by adding the following new paragraph to subparagraph (c) of Section 3 of said Act to read as follows:

"The term 'full-time student' shall mean a student who enrolls or plans to enroll for a minimum of twelve academic hours in the case of undergraduate students, or ten academic hours in the case of graduate students and students who are inmates in an institu tion administered by the Department of Corrections."

Section 3. Said Act is further amended by striking Section 5 of said Act in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

"Section 5. In the event a student on whose behalf a grant is paid shall not enroll as a full-time student for the school term for which the grant is paid, the institution shall make a refund to the Authority in accordance with regulations of the Authority."

Section 4. The provisions of this Act shall become effective as of the beginning of the 1976-77 academic year.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 38, 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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

1646

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Pincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy ,Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Reynolds Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Holloway (presiding)

Pearce Riley

Russell Thompson

On the passage of the bill, the yeas were 50, 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 155. By Senator Hudgins ofthe 15th: A resolution commending the Honorable Harry C. Jackson.

The following general bills of the Senate, favorably reported by the commit tees, were read the third time and put upon their passage:
SB 262. By Senators Starr of the 44th, Kennedy of the 4th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act known as the "Georgia Correctional Industries Act", approved Mar. 17, 1960 (Ga. L. 1960, p. 880), as amended, so as to authorize the Administration to compensate certain inmates em ployed in correctional industries out of funds arising from the sale of services provided by or produced from the work of the inmates.

TUESDAY, MARCH 11, 1975

1647

The Senate Committee on Offender Rehabilitation offered the following substitute to SB 262:

A BILL

To be entitled an Act to amend an Act known as the "Georgia Cor rectional Industries Act", approved March 17, 1960 (Ga. Laws 1960, p. 880), as amended by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1011), so as to authorize the Administration to compensate certain in mates employed in correctional industries out of funds arising from the sale of goods, products or services produced or provided by inmates working for or facilities of the Administration; to provide for the use of retained earnings for certain purposes and under certain conditions; to provide for the allocation of certain percentages of inmate earnings; to provide that an amount not to exceed 20 percent of any surplus earnings shall be creditable to the operating budget of the State operated prison or correctional facility at which the surplus earnings were realized; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act known as the "Georgia Correctional Industries Act", approved March 17, 1960 (Ga. Laws 1960, p. 880), as amended by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1011), is hereby amended by striking subsections (e) and (f) of Section 4 in their entirety and adding in lieu thereof new subsections (e) and (f) to read as follows:
"(e) To utilize any and all inmates who may be made available for its corporate purposes by the State Board of Corrections. Al though the Administration shall not be required to make any pay ment to the State Board of Corrections for the use of such labor, the Administration shall be authorized to pay, under rules and regulations promulgated by the Director and Board of Corrections, compensation to inmates employed in any industry, or performing services at any correctional institution, or performing outstanding services in institutional operations; provided, however, such com pensation shall only be paid out of funds and earnings arising from the sale of goods or other products manufactured or produced by any facility operated by or under the jurisdiction or supervision of the Administration or from the sale of services provided by or pro duced from the work of inmates of any facility operating under the jurisdiction or supervision of the Administration;

(f) To retain any earnings to be used for capital expansion for operating capital in performing the duties and powers provided under this Act, in the repair, alteration, erection, and maintenance of industrial buildings and equipment, provided that prior legislative approval for new construction and major capital expenditures is secured, for vocational training of inmates without regard to their industrial or other assignments, for payment of compensation to inmates employed in any industry, or performing services at any

1648

JOURNAL OF THE SENATE,

correctional institution or performing outstanding services in institu tional operations provided that those inmates receiving regular wages in correctional industries shall be charged a realistic part of their wages to pay a percentage of the cost of their incarceration; to set aside a percentage of an inmate's earnings in an escrow savings account to be used by the inmate upon release and to provide a per centage of an inmate's earnings for family support if indicated and these percentages shall be the same as used in the work-release pro gram; and in the event that the Administration shall accumulate a surplus in excess of the amount necessary for the efficient operation of the programs authorized by this Act, to turn such surplus over to the State treasury .except that an amount not to exceed 20 per cent of that part of such surplus earnings as may be attributable to the production or services effort of any given production or other facility operated by or under the jurisdiction or supervision of the Administration shall be creditable to the operating budget of the State operated prison or correctional facility upon which the produc tion facility or services activity was based."

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 Starr of the 44th offered the following amendment:
Amend the committee substitute to SB 262 by striking the word "or"' on line 8 of the caption on Page 1.

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell

Bond Brantley Broun of 46th Brown of 47th Carter

Coverdell Dean of 31st Doss Duncan Eldridge

TUESDAY, MARCH 11, 1975

1649

Fincher Foster Gillis Hamilton of 26th Hill
Howard Hudgins Hudson Kennedy Kidd
Langford Lester

Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson Shapard Starr Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Dean of 6th Garrard Hamilton of 34th

Holley Holloway (presiding)

Riley Russell

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 263. By Senators Starr of the 44th, Kennedy of the 4th, Langford of the 51st and Howard of the 42nd:
A bill to amend an Act comprehensively and exhaustively revising and consolidating the laws relating to the State Board of Corrections, ap proved February 20, 1956 (Ga. Laws 1956, p. 161), as amended.

The Senate Committee on Offender Rehabilitation offered the following substitute to SB 263:
A BILL
To be entitled an Act to amend an Act comprehensively and ex haustively revising and consolidating the laws relating to the State Board of Corrections, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, so as to provide that services, goods, wares or merchandise produced or provided wholly or in part by the inmates of a State prison or correctional facility operating under the State Board of Corrections may not be sold to a private person, firm, association or corporation; to provide that services, goods, wares or merchandise may be sold to public entities, tax exempt institutions and registered charitable institutions; 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 and exhaustively revising and

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consolidating the laws relating to the State Board of Corrections, ap proved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, is hereby amended by striking subsection (b) of Section 22 in its entirety and adding in lieu thereof a new subsection (b) of Section 22 to read as follows:

"(b) No services, goods, wares or merchandise produced or provided wholly or in part by the inmates of a State prison or cor rectional facility operating under the jurisdiction or supervision of the State Board of Corrections shall be sold to a private person, firm, association or corporation. Nothing herein shall be construed to forbid the sale of such services, goods, wares or merchandise to the federal government or its agencies; other states or their political subdivisions or agencies of such states or subdivisions; the State or departments, agencies, authorities, boards, commissions or political subdivisions of the State; counties or municipalities or their agen cies; other governments, political subdivisions or public bodies; tax exempt institutions; or charitable institutions registered as such under State law to be used or consumed by it or to be in turn sold or distributed by it in the performance of its duties or charter as legally established. This does not prohibit the sale of unprocessed agricultural products produced on State property."

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 yeas were 33, 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 Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Gillis Hamilton of 26th Hill Holley Howard

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Shapard Starr Stephens Summers

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Sutton Tate Thompson Timmons Traylor

Turner Tysinger Warren Young

Those not voting were Senators:

Duncan Garrard Hamilton of 34th

Holloway (presiding) Hudgins Hudson

Riley Russell Stumbaugh

On the passage of the bill, the yeas were 47, 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 154. By Senator Dean of the 31st: A resolution commending Georgia Life Magazine.

The following general bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage:

SB 285. By Senators Starr of the 44th, Langford of the Blst and Howard of the 42nd:
A bill to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for the creation of a Consumer Advisory Board; to name the Administrator; to authorize the Administrator to conduct investigations; to provide for severability.

The Senate Committee on Consumer Affairs offered the following substitute to SB 285:
A BILL
To be entitled an Act to declare unfair or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for a short title; to state the purpose and intent of this Act; to define certain terms; to provide for the interpretation of this Act by authorizing the Administrator to adopt and promulgate substantive rules; to name the administrator; to provide for the creation of a Consumer Advisory Board; to provide for exemptions; to authorize the Administrator to bring an action in the name of the State to restrain prohibited acts; to provide for the powers of receivers; to authorize the Administrator and

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certain persons injured by acts in violation hereof to sue for damages, and to provide for damages; to authorize the Administrator to accept assurances of voluntary compliance; to limit damages for injury caused by bona fide error; to authorize the Administrator to conduct investiga tions; to authorize the Administrator to issue subpoenas, conduct hear ings, and issue and promulgate rules and regulations; to provide for penalties, injunctions and other relief for failure to comply with in vestigative demands of the Administrator and for punishment by con tempt for any disobedience of any final order entered by any court; to provide for civil penalties; to impose certain additional duties on the solicitors of the State and Civil Courts and the district attorneys of the Superior Courts of this State; 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, Intent, and Interpretation, (a) This Act shall be known and may be cited as the "Pair Business Practices Act of 1975".

(b) The purpose of this Act shall be to protect consumers and legitimate business enterprises from unfair or deceptive practices in the conduct of any trade or commerce in part or wholly in the State. It is the intent of the General Assembly that such practices be swiftly stopped and this Act shall be liberally construed and applied to promote its underlying purposes and policies.

(c) It is the intent of the General Assembly that this Act be inter preted and construed consistently with interpretations given by the Federal Trade Commission in the federal courts pursuant to Section 5(a)(l) of the Federal Trade Commission Act (15 USC 45(a) (1)), as from time to time amended.

Section 2. Definitions. As used in this Act:
(a) "Documentary Material" means the original or a copy whether printed, filmed or otherwise preserved or reproduced, by whatever pro cess, including electronic data storage and retrieval systems, of any book, record, report memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or record wherever situate.

(b) "Examination" of documentary material shall include inspec tion, study, or copying of any such material, and the taking of testimony under oath or acknowledgement in respect of any such documentary material.

(c) "Trade" and "Commerce" mean the advertising, distribution, sale, lease or offering for distribution, sale or lease, of any goods, serv ices or any property, tangible or intangible, real, personal or mixed, or any other article, commodity, or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of the State.

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(d) "Person" means a natural person, corporation, trust, partner ship, incorporated or unincorporated association, or any other legal entity.

(e) An "intentional violation" occurs when the person committing the act or practice knew that his conduct was in violation of this Act. Maintenance of an act or practice specifically designated as unlawful in Section 3'(b) (1) through 3(b) (11) hereof, after the Administrator gives notice that such act or practice is in violation of the Act, shall be prima facie evidence of intentional violation. For the purposes of this para graph, the Administrator gives notice that an act or practice is in violation of this Act by the adoption of specific rules promulgated pur suant to Section 4(a) hereof, and by notice in writing to the alleged violator of a violation, if such written notice may be reasonably given without substantially or materially altering the purposes of this Act; provided, however, that no presumption of intention shall arise in the case of an alleged violator who maintains a place of business within the jurisdiction of this State with sufficient assets to respond to a judgment under this Act, unless such alleged violator has received written notice. The burden of showing no reasonable opportunity to give written notice shall be upon the Administrator.

(f) "Administrator" shall mean the Administrator as defined in Section 5(a) or his delegate.

(g) "Consumer transactions" are the sale, lease, or rental of goods,

services, or property, real or personal, primarily for personal, family,

or household purposes.



(h) "Consumer acts or practices" includes acts or practices intended to encourage consumer transactions.

Section 3. Unlawful Acts and Practices, (a) Unfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices in trade or commerce are hereby declared unlawful.

(b) By way of illustration only and without limiting the scope of subsection (a), the following practices are hereby declared unlawful:

(1) Passing off goods or services as those of another;

(2) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

(3) Causing actual confusion or actual misunderstanding as to affiliation, connection, or association with, or certification by, another;

(4) Using deceptive representations or designations of geographic origin in connection with goods or services;

(5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do

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not have, or that a person has a sponsorship, approval, status, affilia tion, or connection that he does not have;

(6) Representing that goods are original or new if they are deteri orated, reconditioned, reclaimed, used, or secondhand;

(7) Representing that goods or services are of a particular stan dard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(8) Disparaging goods, services or business of another by false or misleading representation;

(9) Advertising goods or services with intent not to sell them as advertised;

(10) Advertising goods or services with intent not to supply rea sonably expectable public demand, unless the advertisement discloses a limitation of quantity;

(11) Making false or misleading statements concerning the reasons for, existence of, or amounts of price reductions.

(c) A seller may not by contract, agreement or otherwise limit the operation of this Act notwithstanding any other provision of law.

Section 4. Purpose, Intent, Interpretation, (a) The Administrator is hereby authorized to adopt as substantive rules that prohibit specific acts or practices in violation of Section 3, those rules and regulations of the Federal Trade Commission interpreting Section 5(a) (1) of the Federal Trade Commission Act (15 U.S.C. 45(a) (1)), as from time to time amended.

(b) Such rules shall be promulgated only when it is determined by the Administrator, in the reasonable exercise of his discretion, on the basis of his expertise and facts, submissions, evidence, and all informa tion before him that such rules are needed to prohibit or control acts or practices which create the probability of actual and substantial injury to consumers. No rule shall be promulgated where it is reasonably certain that the burden of complying with said rules will outweigh the public interest in prohibiting or controlling the practice which would be so prohibited or controlled. No such rule so promulgated shall be arbi trary or capricious nor shall its promulgation be characterized by an abuse of discretion or an unwarranted exercise of discretion.

(c) The Georgia Administrative Procedure Act shall apply to the promulgation of rules and regulations by the Administrator pursuant to subsection (a) of this Section and in taking testimony pursuant to Section 13 and 14 of this Act.

Section 5. Administrator, Consumer Advisory Board, (a) The Ad ministrator shall be appointed by the Governor and shall serve at his

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1655

pleasure. The office of the Administrator shall be attached to the office of the Governor for administrative purposes only. All of the functions performed by the Consumer Services Unit of the Division of Special Programs of the Department of Human Resources are hereby trans ferred to the Administrator.

(b)(l) A Consumer Advisory Board is hereby created whose duty it shall be to advise and make recommendations to the Ad ministrator. The Board shall consist of fifteen (15) members with the Administrator and the Attorney General or his designee to serve as ex officio members. The members of this Board shall be ap pointed by the Governor. One member shall be appointed from each Congressional District and the remaining members shall be appoint ed from the State at Large. At least four (4) members shall be attorneys representing consumers' interests and two of these con sumers' attorneys shall represent Georgia Indigent Legal Services or any other Legal Aid Society. At least four (4) members shall be representatives of the business community, two of which are recom mended by the Georgia Retail Association and two recommended for appointment by the Georgia Chamber of Commerce.

(2) The initial terms of those other than ex officio members shall be as follows: one member shall be appointed for a term of three years; four members shall be appointed for terms of four years; four members shall be appointed for terms of five years; and four members shall be appointed for terms of six years. There after, each member of the Board shall serve for terms of six years. In the event of a vacancy during the term of any member, whether by reason of death, resignation or otherwise, the appointment of a successor by the Governor shall be only for the remainder of the unexpired term of such member.

(3) The Board shall elect its Chairman and shall meet not less than once every four calendar months at a time and place specified in writing by the Administrator. The Board may also meet from time to time upon its own motion as deemed necessary by a majority of the members thereof for the purpose of conducting routine or special business. Each member of the Board shall serve without pay but shall receive standard State per diem for expenses and receive standard travel allowance while attending meetings and while in the discharge of his responsibilities.

(4) The Board shall assist the Administrator in an advisory capacity in carrying out the duties and functions of the office con cerning:
(A) Policy matters relating to consumer interests;
(B) The effectiveness of the State consumer programs and operations.

The Board shall make recommendations concerning: (A) The improvement of such programs and operations;

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(B) The elimination of duplication of effort;

(C) The coordination of such programs and operations with other local and private programs related to consumer interests;

(D) Legislation needed in the area of consumer protection;

(E) Avoidance of unnecessary burdens on business, if any, resulting from the administration of this Act.

(5) The Board shall make a written report to the Governor not less frequently than at the end of each calendar year on its activities and the administration of this Act, with such recommenda tions for changes, if any, as the Board deems proper.
(c) The Administrator shall receive all complaints under this Act. He shall refer all complaints or inquiries concerning conduct specifically approved or prohibited by the Department of Agriculture, Comptroller General, Public Service Commission, Department of Natural Resources, Department of Banking and Finance, or other appropriate agency or official of this State to that agency or official for initial investigation and corrective action other than litigation.
(d) Any official of this State receiving a complaint or inquiry as provided in subsection (b) above shall advise the Administrator of his action with respect to such complaint or inquiry.
(e) All officials and agencies of this State having responsibility ' under this Act are authorized and directed to consult and assist one
another in maintaining compliance with this Act.
(f) In the event a person holding a professional license as defined in Title 84, Ga. Code Ann., shall be determined by the Administrator to be operating a business or profession intentionally, persistently, and notoriously in a manner contrary to this Act, the Secretary of State, at the instruction of the Administrator hereunder, shall begin proceedings to revoke such professional license.
(g) The Administrator shall not be authorized to exercise any powers granted in this Act against a person regulated by an agency or department listed in subsection 5(c), subsection 5(d) or subsection 5(e) of this Act with regard to conduct specifically approved or prohibited by such agency or department if such agency or department certifies to the Administrator that the exercise of such powers would not be in the public interest.
(h) On December 31st of each year the Administrator shall make a written report to the Governor summarizing the types and numbers of complaints received and the dispositions concerning these complaints by his office.

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1657

(i) Nothing contained in this Act shall be construed as repealing, limiting or otherwise affecting the existing powers of the various regulatory agencies of the State of Georgia except that all agencies of this State, in making determinations as to whether actions or proposed actions of persons subject to their jurisdiction and control are in the public interest, shall consider the situation in the light of the policies expressed by this Act.

Section 6. Exemptions. Nothing in this Act shall apply to:
(a) Actions or transactions specifically authorized under laws ad ministered by or rules and regulations promulgated by any regulatory agency of this State or the United States;

(b) Acts done by the publisher, owner, agent, or employee of a newspaper, periodical, or radio or television station in the publication or dissemination of an advertisement of or for another person, when the publisher, owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement, did not prepare the advertisement or did not have a direct financial interest in the sale or distribution of the advertised product or service.

Section 7. Actions by Administrator for Equitable Relief, (a) Whenever the Administrator has reason to believe that any person is using, has used, or is about to use any method, act or practice declared by Section 3 or by regulations made under Section 4 of this Act to be unlawful, and that proceedings would be in the public interest, whether or not any person has actually been misled, he may bring an action in the name of the State by filing a civil complaint against such person to restrain or enjoin the use of such method, act, or practice. The complaint must state generally the relief sought and be served in accordance with the Georgia Civil Practice Act, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended. The action may be brought in the Superior Court having jurisdiction over the defendant by virtue of any provision of the Constitution or laws of the State of Georgia.

(b) Unless the Administrator determines that a person subject to the provisions of this Act designs quickly to depart from this State or to remove his property therefrom, or to conceal himself or his property therein, he shall, before initiating any legal proceedings as provided in this Section, give notice in writing that such proceedings are con templated and allow such person a reasonable opportunity to appear before the Administrator and execute an assurance of voluntary com pliance as in this Act provided. The determination of the Administrator hereunder shall be final and not subject to judicial review.

(c) The said courts are authorized to issue restraining orders or temporary or permanent injunctions or such orders as are necessary to restrain and prevent violations of this Act. Such injunctions or orders shall be issued notwithstanding the existence of adequate remedies at law.

(d) With the exception of consent judgments entered before any testimony is taken, a final judgment under this Section is admissible

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as prima facie evidence of such specific findings of fact as may be made by the court which enters said judgment in subsequent proceed ings by or against the same person, or his successors or assigns.

(e) In any action brought under subsection (a) of this Section, whenever the Administrator has prevailed, the court may, upon ap plication of the Administrator, appoint a receiver for the assets of the defendant where it has been established: (i) that said defendant has engaged in a pattern of wilful violations of this Act which has resulted in substantial actual damage to citizens of this State; or (ii) that defendant is without the State and is actually removing, or about to re move himself or his property without the limits of the State, or con ceals himself or his property, and that the appointment of the receiver is necessary to preserve the assets of the defendant for the benefit of citizens of the State damaged by defendant's said violations of this Act.

Section 8. Powers of Receiver. When a receiver is appointed by the court pursuant to this Act, he shall have the power to sue for, collect, receive, and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every
description, derived by means of any practice declared to be illegal and prohibited by this Act, including property with which such property has been mingled if it cannot be identified in kind because of such com mingling to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. In the case of a partnership or business entity, the receiver may, in the discretion of the court, be authorized to dissolve the business and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.

Section 9. Administrator's Actions for Damages. The Administra tor may bring an action in a representative capacity to recover general, but not punitive damages on behalf of any person or persons entitled to bring an action in his or their own behalf pursuant to Section 10(a) of this Act, provided that each party represented shall be individually listed as. a party to the action.

Section 10. Private Actions, Notice Before Filing, (a) Any person who suffers injury or damages as a result of consumer acts or practices in violation of this Act, or whose business or property has been injured or damaged as a result of consumer acts or practices in violation of this Act may bring an action individually, but not in a representative ca pacity, against the person or persons engaged in such unlawful consumer acts or practices under the rules of Civil Procedure to seek equitable injunctive relief and to recover his general damages sustained as a consequence thereof in any court having jurisdiction over the defendant. A claim under this Section may also be asserted as a defense, set off, cross-claim, or counterclaim or third party claim against such person.

(b) At least 30 days prior to the filing of any such action a written demand for relief, identifying the claimant and reasonably describing the unfair or deceptive act or practice relied upon and the injury suf-

TUESDAY, MARCH 11, 1975

1659

fered, shall be delivered to any prospective respondent. Any person receiving such a demand for relief who, within 30 days of the delivering of the demand for relief, makes a written tender of settlement which is rejected by the claimant may, in any subsequent action, file the written tender and any affidavit concerning this rejection and thereby limit any recovery to the relief tendered if the court finds that the relief tendered was reasonable in relation to the injury actually suffered by the peti tioner. The demand requirements of this subsection shall not apply if the prospective respondent does not maintain a place of business or does not keep assets within the State, but such respondent may otherwise employ the provisions of this Section by making a written offer of relief and paying the rejected tender into court as soon as practicable after receiving notice of an action commenced under this Section. All written tenders of settlement such as described in this subsection shall be pre sumed to be offered without prejudice in compromise of a disputed matter.

(c) Subject to subsection (b) above a court shall award three times actual damages for an intentional violation.

(d) If the court finds in any action that there has been a violation of this Act, the person injured by such violation shall in addition to other relief provided for in this Section and irrespective of the amount in controversy, be awarded reasonable attorneys' fees and expenses of litigation incurred in connection with said action; provided, however, the court shall deny a recovery of attorneys' fees and expenses of litigation which are incurred after the rejection of a reasonable written offer of settlement made within 30 days of the mailing or delivery of the written demand for relief required by this Section; provided further that if the court finds the action continued past the rejection of such reasonable written offer of settlement in bad faith or for the purposes of harassment, the court shall award attorneys' fees and expenses of litigation to the adverse party. Any award of attorneys' fees and expenses of litigation shall become a part of the judgment and subject to execu tion as the laws of Georgia allow.

(e) Any manufacturer or supplier of merchandise, whose act or omission, whether negligent or not, is the basis for action under this Act shall be liable for the damages assessed against or suffered by retailers charged under this Act. A claim of such liability may be as serted by cross-claim, third party complaint, or by separate action.

(f) It shall not be a defense in any action under this Act that others were, are, or will be engaged in like practices.

Section 11. Bona Fide Error. In any action in which damages are demanded under Section 10 of this Act, recovery will be limited to the amount, if any, by which the injured party suffered injury or damage caused by the violation if the adverse party proves that such violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error and that such error was not the result of negligence in the maintenance of such procedures.

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Section 12. Assurances of Voluntary Compliance. In the administra tion of this Act, the Administrator may accept an assurance of voluntary compliance with respect to any act or practice deemed to be violative of the Act from any person who has engaged or was about to engage in such act or practice. Any such assurance shall be in writing and be filed with the Clerk of the Superior Court of the county in which the alleged violator resides or has his principal place of business, or the Superior Court of Fulton.County. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose. Matters thus processed may at any time be reopened by the Administrator for further proceedings in the public interest, pursuant to Section 7. The provisions of this Section shall not bar any claim against any person who has engaged in any act or practice in violation of this Act.

Section 13. Investigation, (a) When it reasonably appears to the Administrator that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this Act, or when he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in, any act or practice declared to be unlawful by this Act, he may, with the consent of the Attorney General, execute in writing and cause to be served upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation an investigative demand requiring such person to furnish under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject
matter of the investigation.

(b) If matter that the Administrator makes the subject of an investigative demand is located outside the State, the person receiving such investigative demand may either make it available to the Adminis trator at a convenient location within this State or pay the reasonable and necessary expenses for the Administrator or his representative to examine the matter at the place where it is located. The Administrator may designate representatives, including officials of the State in which the matter is located to inspect the matter on his behalf, and he may respond to similar requests from officials of other states.

(c) Within twenty (20) days after the service of any such investi gative demand upon any person, or at any time before the return date specified in the demand, whichever period is longer, such person may file, in the Superior Court of Fulton County or in the county where said person resides or has its principal place of business and serve upon the Administrator a complaint for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part, as deemed proper and ordered by the court, shall not run during the pendency of such complaint in the court. Such complaint shall specify each ground upon which the complainant relies in seeking such relief, and may be based upon any failure of such demand

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to comply with the provisions of this Chapter, or upon any constitutional or other legal right or privilege of such person.

(d) (1) Each such investigative demand shall state the nature of the conduct constituting the alleged violation of this Act which is under investigation and the provision of law applicable thereto; describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; describe the nature, scope and purpose of the investigation with such definiteness and certainty as to permit any person whose testimony is sought to be fairly ap praised of the subject matter of the inquiry; prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction and the person (s) whose testimony is sought may prepare for the same; and indentify the person to whom such material shall be made available.

(2) No such investigative demand shall (a) contain any re quirement which would be held to be unreasonable as contained in a subpoena duces tecum issued by a court of this State in aid of a Grand Jury investigation of such alleged violation; or (b) require the production of any documentary evidence or oral testimony which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of this State in aid of a Grand Jury investigation of such alleged violation; provided, however, that the limitations on the scope of demand contained herein do not require as a condition to the issuance of an investigative demand that the alleged violation be of sufficient seriousness as to constitute a violation of the criminal laws of this State, as opposed to the civil provisions of this Act.

Section 14. Subpoenas, Hearing, Rules and Regulations and En forcement, (a) To carry out the duties prescribed by Section 4, 5, 7, 9 and 13 of this Act, the Administrator, in addition to other powers con ferred upon him by this Act, may with the consent of the Attorney General issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and promulgate such procedural rules and regula tions as may be necessary, which procedural rules and regulations shall have the force of law.

(b) Upon failure of a person without lawful excuse to obey an in vestigative demand or subpoena, the Administrator may apply to a Superior Court having jurisdiction for an order compelling compliance.

(c) The Attorney General may request that a natural person who refuses to testify or to produce relevant matter on the ground that the testimonial matter may incriminate him be ordered by the court to provide the testimony matter. With the exception of a prosecution for perjury and an action under Sections 7, 9, 10 or 15, a natural person who complies with the court order to provide a testimony matter after assert ing a privilege against self incrimination as to which he is entitled by law shall not be prosecuted or subjected to any penalty or forfeiture

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for or on account of any transaction, matter, or thing concerning which he may testify, or produce evidence, documentary or otherwise.

(d) Information obtained pursuant to powers enforced by this Act shall not be made public or disclosed by the Administrator or his employees beyond the extent necessary for the enforcement of this Act.

Section 15. Penalties, (a) Any person who violates the terms of an injunction issued under Section 7 of this Act shall forfeit and pay to the State a civil penalty of not more than twenty-five thousand ($25,000) dollars per violation. For purposes of this Section, the Superior Court issuing an injunction shall retain jurisdiction and the cause shall be continued, and in such cases the Administrator acting in the name of the State may petition for recovery of civil penalties.

(b) In any action brought under this Act, if the court finds that intentional violation has occurred, the Administrator upon petition to the court may recover on behalf of the State a civil penalty of not exceeding two thousand ($2,000) dollars per violation.

(c) In the case of a continuing offense each day shall be regarded as a separate violation.

(d) Any intentional violation by a corporation shall be deemed to be also that of the individual directors, officers, partners, employees or agents of the corporation, partnership or association, who had actual knowledge of the acts constituting such violation and who directly authorized, supervised, ordered, or did any of the acts constituting in whole or in part such violation, provided, however, no such individual directors, officers, partners, employees or agents shall have any in dividual liability under the provisions of this subsection, unless the corporation, partnership or association, as the case may be, which has committed the intentional violation shall fail to pay into the court within 30 days after judgment sufficient monies or assets to satisfy the judgment.

(e) The Administrator shall have the authority to compromise or settle claims for penalty brought under this Section.

Section 16. Duties of Solicitors of the State and Civil Courts and District Attorneys of the Superior Courts. It shall be the duty of the solicitors of the State and Civil Courts and the district attorneys of the Superior Court of this State to lend to the Administrator such assistance as the Administrator may request in the commencement and prosecution of specific actions pursuant to this Act.

Section 17. Statute of Limitations, (a) No action shall be brought under this Act: (i) more than two years after the person bringing sach action knew or should have known of the occurrence of the alleged violation; or (ii) more than one year after the termination of any proceeding or action by the State of Georgia, whichever is later.

(b) Damages or penalties to which a person is entitled pursuant

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to this Act may be set off against the allegation of said person to the seller and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this Section.

Section 18. Severability. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged in valid or unconstitutional, such adjudication shall in no manner affect the other Sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, sub section, 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 19. Provisions not Exclusive and Repealer. The provisions of this Act are cumulative with other laws and are not exclusive. The rights or remedies provided for herein shall be in addition to any other procedures, rights, remedies or duties provided for in any other law or in decisions of the courts of this State dealing with the subject matter. All other laws or parts of laws in conflict with this Act are hereby repealed.

Section 20. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his ap proval.

Senator Kidd of the 25th offered the following amendment:
Amend the committee substitute to SB 285 by changing on Page 20, Section 17, line 2, section i "more than two years"--to read "more than one year".

On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 36, 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, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

1664
'Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Gillis Hill Holley Howard Hudgins

JOURNAL OP THE SENATE,

Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson

Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Garrard Hamilton of 26th Hamilton of 34th

Holloway (presiding) Riley

Russell Stephens

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 296. By Senator Carter of the 14th:
A bill to amend an Act authorizing boards of education to purchase liability insurance or contracts of indemnity insuring or indemnifying board members, superintendents, administrators, and other employees against liability for damage in specified instances, approved April 18, 1973 (Ga. Laws 1973, p. 1267).

The Committee on Education offered the following amendment:
Amend SB 296 on Page 3, line 28, by striking the quotation marks at the end of quoted Section 4 and adding the following:
"Provided, however, that any and all legal representation of the State Board of Education, the State Superintendent of Schools, and employees of the State Board of Education shall be through the office of the Attorney General of the State of Georgia."

On the adoption of the amendment, the yeas were 34, 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.

TUESDAY, MARCH 11, 1975

1665

On the passage of the bill, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Gillis Hill Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Starr Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Duncan Garrard

Hamilton of 26th Hamilton of 34th Holloway (presiding)

Hudgins Riley Stephens

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 321. By Senators Hill of the 29th and Lewis of the 21st:
A bill to provide that surplus funds designated as reserve funds aceuring at the Georgia Warm Springs Hospital in any fiscal year shall not lapse to the State Treasury, but may be reserved by the hospital as working capital. Such reserve shall be cumulative, but shall not exceed the total sum of one million ($1,000,000).

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Holloway of the 12th, who was presiding, 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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster Garrad

Hamilton of 26th Hamilton of 34th Hill Holley Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie .McGill Overby Reynolds

Robinson Russell Shapard Starr Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Dean of 31st Duncan Gillis

Holloway (presiding) Hudgins Hudson

Pearce Riley Stephens

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 326. By Senator Sutton of the 9th:
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, approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 207), as amended, so as to include real estate brokers within the provisions of said Act.

The Senate Committee on County and Urban Affairs offered the following substitute to SB 326:
A BILL
To be entitled an Act to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 207), as amended, so as to include real estate brokers within certain provisions of said Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 11, 1975

1667

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. An Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, approved February 26, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 207), as amended, is hereby amended by adding at the end of Section 1 the following new paragraph:

"Section 1. Any other provisions of its charter, resolutions or regulations to the contrary notwithstanding, no county or municipal corporation in this State shall levy or collect any license, occupa tional or professional tax upon real estate brokers except at the place where any such real estate broker shall maintain a principal or branch office."

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 yeas were 32, nays 0, 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, Senator Holloway of the 12th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster
Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

1668

JOURNAL OF THE SENATE,

Those not voting were Senators:

Duncan Holloway (presiding)

Hudgins

Riley

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The President resumed the Chair.

SB 336. By Senators Starr of the 44th, Langford of the 51st, Howard of the 42nd and others:
A bill to amend Code Chapter 40-19, relating to the Supervisor of Purchases, as amended by an Act approved Mar. 29, 1937 (Ga. Laws 1937, p. 503), so as to provide that before departments, institutions, and agencies of the State and its political subdivisions have to obtain all goods, wares, or merchandise from the Director of Corrections, the availability of such goods produced by inmates must be certified as available to the Purchasing Supervisor by the Director of Corrections.

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 Banks Barker Barnes Bell Bond Brantley 'Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard
Gillis

Hamilton of 26th Hill Holley Holloway Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

TUESDAY, MARCH 11, 1975

1669

Those not voting were Senators:

Broun of 46th Brown of 47th Duncan

Hamilton of 34th Hudgins

Hudson Riley

On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 356. By Senator Fincher of the 54th:
A bill to amend an Act providing for the participation of certified regis tered nurse anesthetists in the administration of anesthesia, approved March 12, 1973 (Ga. Laws 1973, p. 433), so as to change the provisions relating to the professional and educational standards of said nurses.
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 Banks Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holley Howard Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce

Those not voting were Senators:

Barker Broun of 46th Dean of 31st Duncan

Holloway Hudgins Hudson Langford

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Tate Timmons Traylor Turner Tysinger Young
Riley Sutton Thompson Warren

On the passage of the bill, the yeas were 44, nays 0.

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JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

SB 360. By Senator Holley of the 22nd:
A bill to provide that every agreement, promise or undertaking to pay compensation for services rendered in negotating a loan, or in negotiat ing the purchase, sale, exchange, renting or leasing of any business op portunity, business, good will, inventory, fixtures or an interest therein, including a majority of the voting stock interest of a corporation and including the creating of a partnership interest is void unless the con tract is in writing.

Senator Button of the 9th offered the following amendment:
Amend SB 360 by renumbering Section 2 as Section 3.
By adding a new Section 2, to read as follows:
"Section 2. The provisions of this Act shall not apply to casual sales of machinery, equipment and inventory or to the leasing or rental of land."

On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted.

Senator Holley of the 22nd offered the following amendment:
Amend SB 360 by adding at the end of line 6 of Page 2 the follow ing:
"Furthermore, the provisions of this Act shall not apply to the ordinary transactions of stock, bond or commodity brokers or dealers registered under the securities laws and regulations of Georgia or of the Securities and Exchange Commission of the United States."

On the adoption of the amendment, the yeas 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:

Banks Barnes Bell

Bond Carter Coverdell

Dean of 6th Dean of 31st Doss

TUESDAY, MARCH 11, 1975

1671

Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds Robinson Russell

Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Warren Young

Those voting in the negative were Senators.

Ballard Brantley

Brown of 47th Overby

Sutton Tysinger

Those not voting were Senators:

Barker Broun of 46th

Duncan

Riley

On the passage of the bill, the yeas were 46, nays 6.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 361. By Senators Warren of the 43rd and Reynolds of the 48th:
A bill to revise, consolidate and modernize present laws relating to financial responsibility of operators or owners of motor vehicles upon upon the highways of this State and to establish new laws relating thereto; to codify such laws as Title 68C of the Code of Georgia of 1933, as amended.

The 'Committee on Transportation offered the following amendment:
Amend SB 361 on Page 25, by deleting lines 5 and 6 and substituting in lieu thereof the following:
"permitted under this Title, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not less than five days nor more than six months and there may be imposed in addition thereto a fine of not more than $500.00, and no part of his sentence may be suspended, probated, or rescinded."

On the adoption of the amendment, the yeas were 39, nays 0, and the com mittee amendment was adopted.

1672

JOURNAL OP THE SENATE,

Senator Warren of the 43rd offered the following amendment:

Amend SB 361 by striking from line 32 on Page 14 the words, "State Treasurer" and inserting in lieu thereof the following: "Di rector of the Fiscal Division of the Department of Administrative Services".

By striking from line 2 on Page 15 the word, "Treasurer" and inserting in lieu thereof the following: "Director of the Fiscal Division of the Department of Administrative Services".

On the adoption of the amendment, the yeas were 34, 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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of Slat Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th
Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Those not voting were Senators:

Broun of 46th Duncan Hill

Holley Riley

Pearce Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Tysinger Warren Young
Timmons Turner

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

TUESDAY, MARCH 11, 1975

1673

SB 365. By Senators Russell of the 10th and Pearce of the 16th:
A bill to amend Code Section 24-2833 relating to sheriff's fees, as amended, so as to change certain fees; to enumerate additional fees; to remove authority for certain fees; 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:

Those voting in the affirmative were Senators :

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Duncan

Hamilton of 34th Hill

Riley Tate

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President announced the Senate would stand in recess from 12:15 o'clock P.M. until 1:45 o'clock P.M. for lunch.
The President called the Senate to order at 1:45 o'clock P.M.

1674

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

HB 266. By Representatives Evans of the 99th, Banks of the 104th, Lucas of the 102nd and others:
A bill to amend an Act placing the District Attorneys of the Superior Courts of this State upon an annual salary so as to provide for the payment of certain expenses incurred by the District Attorneys and certain Assistant District Attorneys in the performance of their duties.

HB 440. By Representative Larsen of the 27th:
A bill to amend an Act which authorized the acceptance and payment of cash bonds from persons charged with violations of traffic laws, so as to include within the purview of said Act violation of litter laws.

HB 675. By Representatives Evans of the 84th, Colwell of the 4th, Cox of the 141st and others:
A bill to amend an Act known as Georgia Building Authority Act, Amended-Security Guards, so as to provide that it shall be illegal to beg, panhandle, solicit, or to sell godds, ware or other objects or services within State buildings, or on the grounds, sidewalks or other ways, except under certain conditions and to authorize the Authority to provide for security guards under certain conditions.

The House has disagreed to the Senate amendment to the following bill of the House, to-wit:

HB 389. By Representative Knight of the 67th:
A bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations so as to provide the circumstances under which said Act shall become effective.

The following general bills and resolutions of the House and Senate, favor ably reported by the committees, were read the third time and put upon their passage:

SB 367. By Senator Pearce of the 16th:
A bill to amend Code Chapter 26-30, relating to invasions of privacy, so as to remove certain provisions relating to eavesdropping and sur veillance.

TUESDAY, MARCH 11, 1&75
The Senate Committee on Judiciary offered the following substitute to SB 367:
A BILL
To be entitled an Act to repeal Code Section 26-3004, relating to those circumstances under which eavesdropping and surveillance tech niques may be employed by certain law enforcement officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 26-3004, relating to those circumstances under which eavesdropping and surveillance techniques may be employed by certain law enforcement officers, is hereby repealed in its entirety.
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 Pearce of the 16th offered the following substitute to the Judiciary Committee substitute to SB 367:
A BILL
To be entitled an Act to amend Code Section 26-3004, relating to those circumstances under which eavesdropping and surveillance techni ques may be employed by certain law enforcement officers, as amended, so as to repeal the provisions authorizing the disclosure or use of evidence derived under certain conditions; to repeal the provisions which provide that a good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this Code Chapter or under any other law; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 26-3004, relating to those circumstances under which eavesdropping and surveillance techniques may be employed by certain law enforcement officers, as amended, is hereby amended by striking subsection (g) of said Code Section, which reads as follows:
" (g) Evidence obtained in conformity with this section shall be admissible only in the courts of this State having felony and mis demeanor jurisdiction. When an investigative or law enforcement officer, while engaged in intercepting wire or oral communications or in observation in the manner authorized herein, intercepts wire

1676

JOURNAL OF THE SENATE,

or oral communications or obtains fruits of observation relating to offenses for which an investigation warrant may issue other than those specified in the order of authorization, the contents or fruits thereof, and evidence derived therefrom, may be disclosed or used the same manner as if a surveillance warrant covering said crimes had initially been used.",

in its entirety and inserting in lieu thereof the following:

"(g) Evidence obtained in conformity with this Section shall be admissible only in the courts of this State having felony and misdemeanor jurisdiction."

Section 2. Said Code Section is further amended by striking subsec tion (1) (c), which reads as follows:

"(c) A good faith reliance on a court order or legislative au thorization shall constitute a complete defense to any civil or criminal action brought under this Chapter or under any other law.",

in its entirety.

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Banks of the 17th moved that SB 367 be committed to the Com mittee on Judiciary.

Senator Pearce of the 16th moved the previous question.

Senator Robinson of the 27th moved that SB 367 be tabled.

The President ruled that the motion to table took precedence and ordered a roll call.

The vote was as follows:

Those voting in the affirmative were Senators:

Banks Bell Brown of 47th Coverdell Doss Fincher
Garrard

Hamilton of 34th Howard Hudson Lester Overby Reynolds

Robinson Shapard Stumbaugh Summers Tysinger Warren

TUESDAY, MARCH 11, 1975

1677

Those voting in the negative were Senators:

Ballard Barnes Bond Brantley Carter Dean of 6th Dean of 31st Eldridge Gillis Hamilton of 26th

Hill Holley Hudgins Kennedy Kidd Langford Lewis McDowell McDuffie McGill

Pearce Riley Russell Starr Sutton Tate Thompson Timmons Traylor Turner

Those not voting were Senators:

Barker Broun of 46th Duncan

Foster Holloway

Stephens Young

On the motion, the yeas were 19, nays 30; the motion was lost, and SB 367 was not tabled.

On the adoption of the substitute offered by Senator Pearce of the 16th to the Judiciary Committee substitute to SB 367, the yeas were 44, nays 0, and the substitute was adopted.

On the adoption of the substitute offered by the Committee on Judiciary, the yeas were 44, nays 0, 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 Barnes Bond Carter
Dean of 6th Hill Holley

Hudgins Kidd Langford Lewis
McDowell McDuffie McGill

Pearce Riley Russell Starr
Timmons Traylor Young

Those voting in the negative were Senators:

Banks Barker Bell

Brantley Broun of 46th Brown of 47th

Coverdell Dean of 31st Doss

1678

JOURNAL OF THE SENATE,

Eldridge

Fincher

Foster

Garrard

Gillis

Hamilton of 26th

Hamilton of 34th

Holloway

'

Howard

Hudson Kennedy Lester Overby Reynolds Robinson Shapard Stephens

Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Warren

Not voting was Senator Duncan.

On the passage of the bill, the yeas were 21, nays 34.
The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Pearce of the 16th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 367.
SB 368. By Senator Reynolds of the 48th:
A bill to amend Section 66-103 of the Code of Georgia, which provides for the payment of wages due deceased employees to certain survivors without the necessity of administration upon the deceased employees' estates, as amended by an Act approved April 9, 1963 (Ga. Laws 1963, p. 434), so as to increase the amount of wages that 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 President ordered a roll call, and the vpte was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Eldridge Foster Garrard Hamilton of 26th Hamilton of 34th Hill Howard Hudson Kennedy Kidd Langford Lester

Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson Russell Shapard Starr Stumbaugh

Summers Sutton Tate

TUESDAY, MARCH 11, 1975

1679

Thompson Traylor Turner

Tysinger Warren Young

Those not voting were Senators:

Banks Broun of 46th Duncan Fincher

Gillis Holley Holloway Hudgins

Riley Stephens Timmons

On the passaege of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 104. By Senators Tate of the 38th, Barker of the 18th and Kidd of the 25th:
A resolution urging the State Department of Education to devise a sick leave plan for certain public school educators.

The Committee on Education offered the following amendment:
Amend SR 104 on Page 2, line 2, by striking the period and sub stituting a comma, and adding the following:
"providing State funds are made available for the funding of such a program."

On the adoption of the amendment, the yeas were 32, nays 0, and the com mittee amendment was adopted.

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 Banks Barker Barnes Bell Brantley Brown of 47th Carter

Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard Gillis

Hamilton of 26th Hill Holley Holloway
Howard Hudgins Hudson Kennedy

1680
Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

JOURNAL OF THE SENATE,

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Summers

Button Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:,

Bond Broun of 46th Duncan

Foster Hamilton of 34th

Riley Young

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 115. By Senators Coverdell of the 40th, Garrard of the 37th and Brantley of the 56th:
A resolution creating the Fulton County Transportation Study Com mission.

The report of the committee, which was favorable to the passage of the bill, 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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter 'Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard

Gillis Hill Holley Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Reynolds Riley

Robinson Russell
Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

TUESDAY, MARCH 11, 1975

1681

,

Those voting in the negative were Senators Hamilton of 34th and Stumbaugh.

'

Those not voting were Senators:

Broun of 46th Duncan Foster

Hamilton of 34th Holloway

Langford Pearce

On the adoption of the resolution, the yeas were 47, nays 2.

The resolution, having received the requisite constitutional majority, was adopted.

HB 53. By Representative Lane of the 40th: Senate Sponsor: Senator Gillis of the 20th. A bill to create a State Boxing Commission.

;

The Committee on Economy, Reorganization and Efficiency in Government

?

offered the following amendment:

Amend HB 53 by deleting from Section 1 the following:

"the Attorney General shall serve as an ex officio member in a non-voting capacity".

On the adoption of the amendment, the yeas were 36, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brown of 47th Carter Coverdell Dean of 6th

Dean of 31st Doss Eldridge Pincher Garrard Gillis Hill Holley Holloway

Howard Hudson Kennedy Kidd Langford Lewis McDuffie McGill Overby

1682
Reynolds Riley Robinson Shapard Starr Stephens

JOURNAL OF THE SENATE,

Stumbaugh Summers Sutton Thompson Timmons

Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators:

Bond Hamilton of 26th Hudgins

Lester McDowell

Pearce Tate

Those not voting were Senators:

Brantley Broun of 46th

Duncan Foster

Hamilton of 34th Russell

On the passage of the bill, the yeas were 43, nays 7.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 149. By Representatives Lambert of the 112th, Carlisle of the 71st, Burruss of the 21st and others:
Senate Sponsor: Senator Langford of the 51st.
A bill to regulate the drilling of any well other than wells drilled to a depth of less than 1800 feet for the purpose of tapping of or drawing from underground fresh water supplies or for the purpose of injecting any type of substance or substances into such wells.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudson Kennedy

Kidd Langford Lester Lewis McDuffie McGill Overby Pearce Reynolds

TUESDAY, MARCH 11, 1975

1683

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton

Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator McDowell.

Those not voting were Senators:

Broun of 46th Duncan

Foster Holley

Hudgins

On the passage of the bill, the yeas were 50, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 224. By Representatives Hudson of the 137th, Harden of the 154th, Smith of the 78th and others:
Senate Sponsor: Senator Carter of the 14th.
A bill to amend an Act known as the "Adequate Program for Educa tion in Georgia Act" so as to provide the basis for the allotment of funds for the payment of sick and personal leave expenses of school bus drivers.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard Gillis Hamilton of 26th Hamilton of 34th Hill

, Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell

1684
McDuffie McGill Overby Reynolds Riley Robinson Russell

JOURNAL OF THE SENATE,

Shapard Starr Stephens Stumbaugh Summers Button Tate

Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Duncan

Poster Hudgins

Pearce

On the passage of the bill, the yeas were 51, 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 239. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Baldwin County into the office of Tax Commissioner of Baldwin County.

The Conference Committee report was as follows:

The Conference Committee on HB 239 makes the following recommendations:
(1) That the House recede from its position;
(2) That the Senate recede from its position;
(3) That the following changes be adopted:
By striking from the title, beginning on line 13', the following:
"to provide for settlement of disputes between the office of tax commissioner and the governing authority of the county;".
By striking Section 7, beginning on line 27 of page 3, in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. The tax commissioner shall have the authority to recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within

TUESDAY, MARCH 11, 1975

1685

the sole discretion of the governing authority of said county to fix the number of employees and the compensation to be received by each employee in said office; provided, however, that not less than two employees shall be provided for said office and that salaries paid such employees will be consistent with those paid for similar jobs in the county government. It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discre tion."

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bobby E. Parham 109th District
/s/ Bobby Sigman 74th District
/s/ Wilbur Baugh 108th District

FOR THE SENATE:
/s/ Culver Kidd 25th District
/s/ Hubert E. Hamilton 26th District
/s/ S. P. McGill 24th District

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Garrard Gillis

Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie McGill Overby Pearce Riley

Those not voting were Senators:

Broun of 46th Duncan Fincher

Foster Hamilton of 26th Holley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Lester Reynolds

On the adoption of the Conference Committee Report, the yeas were 48, nays 0, and the Conference Committee Report to HB 239 was adopted.

1686

JOURNAL OF THE SENATE,

The following general bills of the House and Senate, favorably reported by the committees, were read the third time and put upon their passage:

HB 309. By Representatives Coleman of the 118th and Colwell of the 4th:
Senate Sponsor: Senator Langford of the 51st.
A bill to authorize the Department of Administrative Services to formulate and implement a Statewide plan to regulate Public Safety Radio Services.

The Committee on Judiciary offered the following amendment:
Amend HB 309 by striking on Page 2, line 4, the word "poses" and inserting in lieu thereof the word "possess",
and
By striking on Page 3, line 24, the word " consideration" and insert ing in lieu thereof the word "conservation".



On the adoption of the amendment, the yeas were 35, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard GilMs

Hamilton of 34th Hill Holley Holloway Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

TUESDAY, MARCH 11, 1975

1687

Those voting in the negative were Senators Brantley and Hudgins.

Those not voting were Senators:

Broun of 46th Duncan

Foster Hamilton of 26th.

Starr Young

On the passage of the bill, the yeas were 48, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 358. By Representatives Ware of the 68th, Coleman of the 118th, Carr of the 105th and others:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend an Act relating to health insurance coverage for State employees so as to change the definition of the term "employee" or "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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Garrard Gillis Hamilton of 34th

Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Young

1688

JOURNAL OP THE SENATE,

Those not voting were Senators:

Broun of 46th Doss Duncan

Foster Hamilton of 26th

Timmons Warren

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HE 694. By Representatives Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and Taggart of the 125th:
Senate Sponsor: Senator Robinson of the 27th.
A bill to amend an Act authorizing the Director of the Department of Corrections to allow inmates of State penal institutions to take special leave for the purpose of participation in special community or other meritorious programs or activities deemed beneficial to the inmate and not detrimental to the public.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Garrard Gillis

Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those voting in the negative were Senators:

McDowell

Stumbaugh

Traylor

TUESDAY, MARCH 11, 1975

1689

Those not voting were Senators:

Broun of 46th Dean of 6th Duncan

Foster Hamilton of 26th

Hill Stephens

On the passage of the bill, the yeas were 46, nays 3.

The bill, having received the requisite constitutional majority, was passed.

HB 695. By Representatives Carlisle of the 71st, Lambert of the 112th, Colwell of the 4th and Taggart of the 125th:
Senate Sponsor: Senator Kennedy of the 4th.
A bill to amend an Act entitled the "Youthful Offender Act" so as to redefine "conviction"; to clarify certain provisions of that Act relating to the sentencing of defendants under the Act and to delete others; to clarify the initial procedures to be taken in determining how to treat the "youthful offender"; to clarify the manner in which eligibility for parole is to be computed for a sentence imposed under 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Broun of 46th Duncan

Foster Hill

Summers Young

1690

JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 708. By Representatives Smith of the 78th and Jessup of the 117th:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend the Motor Vehicle Franchise Practices Act, approved February 28, 1974, so as to provide sanctions against dealers who fail to register or renew their registrations.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudson Kennedy Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Those not voting were Senators:

Broun of 46th Duncan Foster

Hill Holloway Hudgins

Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren
Kidd Young

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 11, 1975

1691

HB 710. By Reps. Smith of the 78th and Adams of the 36th:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend an Act providing for the sale of certain abandoned motor vehicles approved March 23, 1972, so as to change certain of the provisions relative to the sale of abandoned motor vehicles at public auctions.

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 Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Pincher Garrard Gillis

Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds Riley

Those not voting were Senators:

Bond Broun of 46th Duncan

Foster Hill Holley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren
Holloway Overby Young

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 711. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend the Motor Vehicle Franchise Practices Act, approved February 28, 1974, so as to change certain provisions relating to the compensation of dealers for warranty service.

1692

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 Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Garrard Gillis

Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Button Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Bond Broun of 46th Duncan

Foster Hill Holley

Holloway Overby Young

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Reynolds of the 48th moved that the following bill of the House be be postponed until March 12.

HB 709. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend the Motor Vehicle Franchise Practices Act, approved February 28, 1974, so as to change certain provisions relative to the granting of additional franchises to motor vehicle dealers.
On the motion, the yeas were 35, nays 1; the motion prevailed, and HB 709 was postponed until March 12.

TUESDAY, MARCH 11, 1975

1693

The following general bills of the Senate and House, favorably reported by the committes, were read the third time and put upon their passage:

HB 818. By Representatives Carr of the 105th, Whitmire of the 9th, Bray of the 70th and others:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend an Act providing for a physical examination as a prerequisite for employment by the State so as to change the provisions relative to requiring a physical examination; to provide for certain certification by the State Employees' Health Service.

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 Banks Barker Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Riley Robinson Russell Shapard Starr Stephens Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Barnes Bond Dean of 31st

Duncan Hill Holley

Stumbaugh , Warren

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1694

JOURNAL OF THE SENATE,

HB 856. By Representatives Russell of the 53rd, Jordan of the 58th, Richardson of the 52nd and others:
Senate Sponsor: Senator Howard of the 42nd.
A bill to amend Code Chapter 34-10 relating to the nomination of candi dates so as to provide that certain county judicial officers and certain judges of the superior courts may be elected in nonpartisan elections.

Senator Bell of the 5th moved that HB 856 be committed to the Committee on Judiciary.

Senator Kidd of the 25th moved the previous question.

Senator Warren of the 43rd moved that HB 856 be tabled.

The President ruled that the motion to table took precedence and ordered a roll call.

The vote was as follows:

Those voting in the affirmative were Senators:

Ballard Bell Brantley Brown of 47th

Coverdell Eldridge Holloway

Those voting in the negative were Senators:

Banks Barker Barnes Bond Carter Dean of 6th
Doss Fincher Garrard Gillis Hamilton of 26th Hamilton of 34th
Howard

Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Those not voting were Senators:

Broun of 46th Dean of 31st Duncan

Foster Hill

Sutton Tysinger Warren
Riley Robinson Shapard Starr Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Young
Holley Russell

TUESDAY, MARCH 11, 1975

1695

On the motion, the yeas were 10, nays 39; the motion was lost, and HB 856 was not tabled.-

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:

Banks Barker Barnes Bond Brown of 47th Carter Dean of 6th Eldridge Pincher Garrard Gillis Hamilton of 26th Hamilton of 34th Holley

Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Those voting- in the negative were Senators:

Bell Brantley Coverdell

Doss Summers Button

Those not voting were Senators:

Ballard Broun of 46th Dean of 31st

Duncan Foster

Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Tate Thompson Timmons Traylor Turner Young
Tysing-er Warren
Hill Russell

On the passage of the bill, the yeas were 41, nays 8.

The bill, having received the requisite constitutional majority, was passed.

SB 346. By Senators Barker of the 18th and Hudson of the 35th:
A bill to amend Code Chapter 79A-99, relating to penalties for violating the criminal provisions of Title 79A of the Ga. Code, relating to pharmacies, pharmacy and drugs, as amended, so as to provide that if upon the third conviction for possession of marijuana of one ounce or less, a person possessed more than one half of an ounce said -person shall be sentenced to imprisonment for a period of at least thirty days.

1696

JOURNAL OF THE SENATE,

Senators Barker of the 18th and Hudson of the 35th offered the following amendment:

Amend SB 346 by adding in the title on line 4, between the word "third" and the word "conviction", the following:

"or subsequent".

By adding at the end of line 17 of Page 1, after the word "third", the following:

"or subsequent".

By adding at the end of line 11 of Page 2, after the word "third", the following:

"or subsequent".

By striking from lines 14 and 15 of Page 2 the following:

"for of an ounce, said person shall be sentenced to imprison ment".

On the adoption of the amendment, the yeas were 40, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Doss Eldridge Foster Garrard Gillis Hamilton of 26th

Hamilton of 34th Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Riley

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren Young

TUESDAY, MARCH 11, 1975

1697

Those voting in the negative were Senators:

Bond Holley

Howard

Tate

Those not voting were Senators:

Broun of 46th Dean of 31st

Duncan Fincher

Hill Holloway

On the passage of the bill, the yeas were 46, nays 4.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bills of the House were read the first time and referred to committees:

HB 675. By Representatives Evans of the 84th, Colwell of the 4th, Cox of the 141st and others:
A bill to amend an Act known as Georgia Building Authority Act, Amended-Security Guards, so as to provide that it shall be illegal to beg, panhandle, solicit, or to sell goods, ware or other objects or services within State buildings, or on the grounds, sidewalks or other ways, except under certain conditions and to authorize the Authority to pro vide for security guards under certain conditions.
Referred to Committee on Rules.

HB 440. By Representative Larsen of the 27th:
A bill to amend an Act which authorized the acceptance and payment of cash bonds from persons charged with violations of traffic laws, so as to include within the purview of said Act violation of litter laws. Referred to Committee on Judiciary.
HB 266. By Representatives Evans of the 99th, Banks of the 104th, Lucas of the 102nd and others:
A bill to amend an Act placing the District Attorneys of the Superior Courts of this State upon an annual salary so as to provide for the payment of certain expenses incurred by the District Attorneys and certain Assistant District Attorneys in the performance of their of ficial duties. Referred to Committee on Judiciary.
The following resolutions of the Senate were read and adopted:

1698

JOURNAL OF THE SENATE,

SR 149. By Senators Bell of the 5th, Langford of the 51st, Banks of the 17th and others:
A resolution commending Honorable Howard Overby.

SR 153. By Senators Pearce of the 16th, Hill of the 29th, Holloway of the 12th and others:
A resolution wishing the distinguished Senator from the 15th Senatorial District, the Honorable Floyd Hudgins "Happy Birthday".

SR 156. By Senators Lewis of the 21st, Banks of the 17th and Pearce of the 16th:
A resolution congratulating Senator Roy Barnes on the occasion of his 27th birthday.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 317. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, approved March 26, 1935, as amended, so as to place the tax commissioner on an annual salary in lieu of the fee basis of compensation.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, approved March 26, 1935 (Ga. Laws 1935, p. 703), as amended, so as to place the Tax Commissioner on an annual salary in lieu of the fee basis of compensation; to provide for assistants and personnel for the Tax Commissioner and their appoint ment, removal, powers, duties, and compensation; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for exceptions; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic state ments; to provide for the payment of the operating expenses of said office; 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 consolidating the offices of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, approved March 26, 1935 (Ga. Laws 1935, p. 703), as

TUESDAY, MARCH 11, 1975

1699

amended, is hereby amended by striking Section 6 of said Act in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

"Section 6. (a) The present mode of compensating the Tax Commissioner of Jasper County, known as the fee system, is hereby abolished, and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided.

(b) The Tax Commissioner of Jasper County shall receive for his services as such as annual salary of $15,000.00, payable in equal monthly installments from the funds of Jasper County.

(c) The Tax Commissioner shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allow ances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for sevices 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 Tax Commis sioner shall furnish the governing authority of the county a de tailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. It is specifically provided that the salary provided herein for the Tax Commissioner shall be in lieu of all fees and commissions allowed by an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. Laws 1937-38 Ex. Sess., p. 297), as amended. The pro visions of this Act shall not affect any compensation the Tax Commissioner may receive for serving as voter registrar or fees for the sale of motor vehicle license plates and he may continue to receive such compensation. Said Tax Commissioner shall also be entitled to all fees and commissions for collecting 1974 taxes and taxes for prior years.

(d) The Tax Commissioner shall be authorized to employ such assistants and other personnel as may be approved by the governing authority of Jasper County to assist in the performance of the duties of the Tax Commissioner's office. The compensation of such assistants and personnel shall be fixed by the governing authority of the county. It shall be within the sole power of the Tax Com missioner to name the persons to be employed as such assistants and personnel, to prescribe their duties and powers, and to remove or replace them within his sole discretion and authority.

(e) All expenses of the Tax Commissioner's office, expressly including the compensation of personnel, shall be paid from any funds of the county available for such purpose. All supplies, ma terials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be

1700

JOURNAL OF THE SENATE,

furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such re quirements shall be at the sole discretion of the governing authority of Jasper County."

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.

Senator Kidd of the 25th. moved that the Senate agree to the House sub stitute to SB 317.

On the motion, the yeas were 45, nays 0; the motion prevailed, and the House substitute to SB 317 was agreed to.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 389. By Representative Knight of the 7th:
A bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic cor porations so as to provide the circumstances under which said Act shall become effective.

Senator Holloway of the 12th moved that the Senate amendment to HB 389 be insisted upon.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate amendment to HB 389 was insisted upon.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow at 4:45 o'clock P.M.

WEDNESDAY, MARCH 12, 1975

1701

Senate Chamber, Atlanta, Georgia Wednesday, March 12, 1975

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's 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 897. By Representatives Miles of the 86th, Beckham of the 89th, Calhoun of the 88th and others:
A bill to amend an Act establishing the State Court of Richmond County, as amended, so as to define the duties and powers of said court; to provide that said court shall have jurisdiction and enforce ordinances of the Board of Commissioners of Richmond County.

HB 898. By Representatives Miles of the 86th, Calhoun of the 88th, Beckham of the 89th and others:
A bill to carry into effect an amendment to the Constitution so as to empower the governing authority of Richmond County to adopt or dinances for the policing and governing of said county and the enforce ment of all duties now or hereafter vested in said governing authority.

HB 648. By Representative Eraser of the 139th:
A bill to amend an Act incorporating the City of Walthourville, so as to change certain provisions relating to City elections.

HB 748. By Representative Fraser of the 139th:
A bill to amend an Act creating the Board of Commissioners of Liberty County, as amended, so as to change the compensation of the chairman and members of the board of county commissioners.

1702

JOURNAL OP THE SENATE,

HB 1057. By Representatives Howell of the 140th and Cox of the 141st:
A bill to amend an Act placing the clerk of the superior court of Seminole County upon an annual salary, as amended, so as to change the provisions relating to the payment of personnel within the clerk's office.

HB 1070. By Representative Bray of the 70th:
A bill to amend an Act providing a new charter for the City of Talbotton, so as to change the date for municipal elections and the pro visions relating thereto; to change the provisions relating to the mayor's court.
HB 1071. By Representatives Harris and Johnson of the 8th:
A bill to amend an Act creating a new charter for the City of Cartersville, so as to delete therefrom certain provisions pertaining to terms of office of the mayor and councilmen.
HB 1074. By Representatives Lambert of the 112th and Carrell of the 75th:
A bill to amend an Act creating a new charter for the City of Rutledge, as amended, so as to change the terms of office of the mayor and councilmen; to provide the procedures connected therewith.

HB 1075. By Representatives Lambert of the 112th, Mann, Clark and Milford of the 13th:
A bill to stagger the terms of office of members of the Board of Edu cation of Greene County; to provide for the appointment of the County School Superintendent of Greene County.

HB 1080. By Representatives Foster and Wheeler of the 152nd:
A bill to amend an Act placing the Sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the provisions relating to compensation of the sheriff, deputy sheriffs, jailer and clerk of the sheriff.

HB 1093. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to create and establish a Small Claims Court in and for Emanuel County; to prescribe for the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court.

HB 1095. By Representatives Mostiler and Carlisle of the 71st:
A bill to amend an Act providing for a Board of Commissioners of Spalding County, as amended, so as to change the composition of the

WEDNESDAY, MARCH 12, 1975

1703

I

I

Board of Commissioners of Spalding County; to create commissioner

i

districts; to provide for the number, terms, residence requirements and

election of members of the board of commissioners.

HB 1102. By Representatives Smith of the 78th and Tucker of the 73rd:
A bill to amend an Act creating a new charter for the City of Jackson, as amended, so as to provide for the annexation of certain additional territory into the corporate limits of the City of Jackson.

HB 1110. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act providing a salary for the sheriff of Union County in lieu of the fee system of compensation, approved March 11, 1968, as amended, so as to change the provisions relative to the com pensation of the sheriff; to change the provisions relative to the sheriff's deputies and other personnel and relative to operating expenses.

HB 1111. By Representatives Colwell and Twiggs of the 4th:

;;

A bill to amend an Act placing the Judge of the Probate Court of

\

Fannin County on an annual salary in lieu of the fee system of com-

"

pensation, so as to provide for office help for said officer.

SB 157. By Senators Foster of the 50th, Stumbaugh of the 55th and Barker of the 18th:
A bill to authorize the Department of Administrative Services to permit Area Planning and Development Commissions to make purchases through the State and to issue purchase orders for Area Planning and Develop ment Commissions.

SB 37. By Senator Overby of the 49th:
A bill to amend an Act providing for the registration and regulation of cemeteries, as amended, so as to provide that assets of the trust funds required to be established by perpetual care cemeteries and which are held by a State bank or national bank or trust company qualified to act as fiduciaries in this State may be invested in common trust funds maintained by such State bank or national bank or trust company.

HB 894. By Representatives Knight of the 67th, Ware of the 68th, Greer of the 43rd and others:

;

A bill to amend Title 56, relating to insurance, so as to provide for the

I

registration, regulation, development and operation of prepaid legal

I'

services plans.

; 'i-

/

HB 1083. By Representative Russell of the 64th:

A bill to amend an Act to reincorporate the City of Winder in the

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JOURNAL OF THE SENATE,

County of Barrow so as to provide for certain matters relative to the election of certain councilmen; to provide certain qualifications upon the ability of the mayor to succeed himself.

HB 827. By Representative Carlisle of the 71st:
A bill to amend an Act known as the "Georgia Charitable Trust Act", approved March 21, 1974, so as to change the responsibility for ad ministration of said Act.

HB 542. By Representatives Egan of the 25th, Sams of the 90th and others:
A bill to amend an Act known as the "Disposition of Unclaimed Property Act" so as to change the period of time after which certain property shall be presumed abandoned.

HB 267. By Representatives Pinkston of the 100th and Evans of the 99th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia to provide that the Board of Commissioners may accept certain applications for reinstatement in said Fund from prior members who have withdrawn the total sum which they have paid into the fund in dues.

The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:

HR 150. By Representative Harris of the 8th: A resolution authorizing the disposal of a tract of State-owned property.

HR 206. By Representative Harris of the 8th:
A resolution authorizing the conveyance of a certain tract of stateowned property.

HR 245. By Representatives Twiggs and Colwell of the 4th:
A resolution authorizing the conveyance of a certain State-owned ease ment for highway purposes.

The House recedes from its position in amending the following bill of the Senate, to-wit:

SB 83. By Senator Reynolds of the 48th:
A bill to amend Georgia Code Title 68A "The Uniform Rules of the Road"; to prescribe speed restrictions for any street, roadway, or high way of this State; to provide a basic rule; to provide for maximum speed limits; to provide for the establishment of State speed zones.

WEDNESDAY, MARCH 12, 1975

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The House has agreed to the Senate substitute to the following bill of the House, to-wit:

HB 67. By Representative Wall of the 61st:
A bill to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission so as to require periodic and terminal billings for electric, gas and water services to note certain items in a conspicuous manner.

The House has agreed to the Senate amendments to the following bills of the House, to-wit:

HB 151. By Representatives Hudson of the 137th, Nessmith of the 82nd, Lane of the 81st and others:
A bill to amend an Act relating to practice of professional sanitarians so as to authorize an applicant for a license to take the examination prior to completion of the experience requirement.

HB 491. By Representative Miles of the 86th:
A bill to amend Section 92-3002 of the Code of Georgia relating to the definition of the word "nonresident" for income tax purposes, to clarify the definition of the word "nonresident".

HB 706. By Representative Stone of the 138th:
A bill to amend an Act providing for a new charter for the City of Baxley so as to change the corporate limits of the City of Baxley.

The House has agreed to the Senate amendments to the following resolution of the House, to-wit:

HR 61. By Representative Kreeger of the 21st: A resolution compensating Mr. Roy M. Lingefelt.

The House has adopted the following resolutions of the House, to-wit:

HR 334. By Representatives Reaves of the 147th, Collins of the 144th, Matthews of the 145th and others:
A resolution commending the University of Georgia College of Agricul ture Experiment Stations.

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HR 335. By Representatives Hudson of the 137th, Walker of the 115th, Thomason of the 8th and others:
A resolution urging the United States Congress to increase support prices and loan programs for cotton.

HR 336. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A resolution relative to the needs to acquire public areas to encourage and enhance the availability of game management and other outdoor recreation areas, public education in forestry.

HR 337. By Representatives Matthews of the 145th, Cox of the 141st, Sizemore of the 136th and others:
A resolution requesting the United States Department of Agriculture to issue a statement of intention concerning the federal peanut program.

HR 343. By Representatives Bargeron of the 83rd, Hudson of the 137th, Ross of the 76th and others:
A resolution commending the Honorable J. Roy McCracken.

The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:

HB 239. By Representatives Baugh of the 108th and Parham of the 109th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Baldwin County into the office of Tax Commissioner of Baldwin County.

The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

HB 248. By Representatives Marcus of the 26th, Larsen of the 27th, Egan of the 25th and others:
A bill 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.

HB 867. By Representatives Bailey and Lee of the 72nd, Howard of the 19th and Harrison of the 20th:
A bill to amend Code Title 92, relating to public revenue, so as to change the date unpaid taxes shall commence bearing interest; to change the submission date for certain reports required of tax collectors; to change the date for making final settlements with both the State and county.

WEDNESDAY, MARCH 12, 1975

1707

HB 800. By Representatives Evans of the 99th and Walker of the 115th:
A bill to amend Code Section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, as amended.

HB 568. By Representatives Howard and Cooper of the 19th, Nix, Edwards and Harrison of the 20th and others:
A bill to repeal Chapter 61-4 of the Code consisting of Sections 61-401 through 61-407 relating to distress warrants; to establish a new Chapter 61-4 of the Code relating to distress warrants; to provide that landlords shall have power to distrain for rents.

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 74. By Representative 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 so as to change the provisions relating to rights and liabilities of females; to amend an Act relating to jury service of women.

The Speaker has appointed on the part of the House the following members thereof:

Representatives Larsen of the 27th, Larsen of the 119th and Richardson of the 52nd.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 391. By Senators Hudgins of the 15th and Pearce of the 16th:
A bill to provide for the creation of a Hospital Authority in each municipality of the State having a population in excess of 100,000 and located in a county having a population of not less than 165,000 nor more than 180,000, according to the United States Decennial Census of 1970 or any future such census; to define certain terms; to provide for the membership of the Authority, their powers and compensation.
Referred to Committee on County and Urban Affairs.

SB 392. By Senator Coverdell of the 40th:
A bill to permit any tax collector in the several counties of this State to designate a bank or banks, as defined in Code Section 41A-102 (g),

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to receive tax payments for deposit into the account of such tax collec tor by means of a night deposit box, lock box, post office box, electronic funds transfer system or other similar arrangement under which a bank can receive deposits to the account of the tax collector.
Referred to Committee on Banking, Finance and Insurance.

SB 393. By Senator Kennedy of the 4th:
A bill to create the Multi-City Water and Sewerage Authority to function in Evans County, Georgia; 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 individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof.
Referred to Committee on County and Urban Affairs.

SB 394. By Senators Dean of the 31st, Sutton of the 9th and Carter of the 14th:
A bill to authorize the State Personnel Board to provide a health insurance plan for public school employees of the State of Georgia; to define certain terms; to provide for the contents of such health insurance plan and persons eligible to participiate in such plan; to provide for exclusions.
Referred to Committee on Education.

SB 395. By Senators Brown of the 47th and Holloway of the 12th:
A bill to amend an Act creating the Municipal Electric Authority of Georgia (House Bill 31 of the 1975 Georgia General Assembly), so as to provide that the Authority shall be an instrumentality of the State; to provide an effective date. Referred to Committee on Public Utilities.

SB 396. By Senators Garrard of the 37th, Hudson of the 35th, Hamilton of the 34th and others:
A bill to establish a promotional system for the police departments of all municipalities in this State with a population of 300,000 or more, according to the United States Decennial Census of 1970, or any future such census; to provide a declaration of purpose; to provide definitions; to provide the ranks to which this Act is applicable; to provide for promotional eligibility.
Referred to Committee on County and Urban Affairs.

SB 397. By Senator Fincher of the 54th:
A bill to amend an Act known as the "Litter Control Law", as amended, so as to add discarded automobiles to the definition of the term "litter". Referred to Committee on Transportation.

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1709

SB 398. By Senator Stephens of the 36th:
A bill to waive the governmental immunity of Fulton County, a political subdivision of the State of Georgia, from claims by EDNA H. SOSBY, widow of THOMAS FRANKLIN SOSBY; ADA LEE AVERY, widow of COLEY LEWIS AVERY; and MARIE BROWN SKINNER, mother of GREGORY LOU SKINNER; and JACK COX, for damages arising from the deaths of Sosby, Avery and Skinner and personal injury to Cox, resulting from collision with a Fulton County vehicle on December 16, 1974.
Referred to Committee on County and Urban Affairs.

SB 399. By Senator Ballard of the 45th:
A bill to amend Code Section 47-102, relating to Senatorial Districts, as amended, so as to change the provisions relative to certain Senatorial Districts; to provide an effective date. Referred to Committee on Rules.

SR 157. By Senator Russell of the 10th:
A resolution authorizing the lease of certain real property located in Grady County, Georgia. Referred to Committee on Public Utilities.

SR 160. By Senator Doss of the 52nd:
A resolution creating the Discriminatory Laws Study Committee. Referred to Committee on Rules.

SR 161. By Senator Stumbaugh of the 55th:
A resolution proposing an amendment to the Constitution, so as to provide a homestead exemption in a certain amount to persons 62 years of age or older; to provide income limitations; to provide for applica tions; to provide for the computation of the amount of such exemption. Referred to Committee on Banking, Finance and Insurance.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 648. By Representative Fraser of the 139th:
A bill to amend an Act incorporating the City of Walthourville so as to change certain provisions relating to City elections. Referred to Committee on County and Urban Affairs.

HB 748. By Representative Fraser of the 139th: A bill to amend an Act creating the Board of Commissioners of Liberty

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County so as to change the compensation of the chairman and members of the board of county commissioners.
Referred to Committee on County and Urban Affairs.

HB 897. By Representative Miles of the 86th:
A bill to amend an Act establishing the State Court of Richmond County so as to define the duties and powers of said court; to provide that said court shall have jurisdiction and enforce ordinance of the Board of Commissioners of Richmond County. Referred to Committee on County and Urban Affairs.

HB 898. By Representative Miles of the 86th:
A bill to carry into effect an amendment to the Constitution of the State of Georgia as found in Georgia Laws 1968, p. 1506, so as to empower the governing authority of Richmond County to adopt or dinances for the policing and governing of said county and the enforce ment of all duties now or hereafter vested in said governing authority.
Referred to Committee on County and Urban Affairs.

HB 1057. By Representative Howell of the 140th: A bill to amend an Act placing the clerk of the superior court of Seminole County upon an annual salary so as to change the provisions relating to the payment of personnel within the clerk's office.
Referred to Committee on County and Urban Affairs.
HB 1070. By Representative Bray of the 70th: A bill to amend an Act providing a new charter for the City of Talbotton so as to change the date for municipal elections and the pro visions relating thereto.
Referred to Committee on County and Urban Affairs.
HB 1071. By Representatives Harris and Johnson of the 8th: A bill to amend an Act creating a new charter for the City of Cartersville so as to delete therefrom certain provisions pertaining to the terms of office of the mayor and councilmen.
Referred to Committee on County and Urban Affairs.
HB 1074. By Representatives Lambert of the 112th and Carrell of the 75th: A bill to amend an Act creating a new charter for the City of Rutledge so as to change the terms of office of the mayor and councilmen.
Referred to Committee on County and Urban Affairs.

WEDNESDAY, MARCH 12, 1975

1711

HB 1075. By Representatives Lambert of the 112th, and Mann, Clark and Milford of the 13th:
A bill to stagger the terms of office of members of the Board of Edu cation of Greene County. Referred to Committee on County and Urban Affairs.

HB 1080. By Representative Foster and Wheeler of the 152nd:
A bill to amend an Act placing the Sheriff of Bacon County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to compensation of the sheriff, deputy sheriffs, jailer and clerk of the sheriff. Referred to Committee on County and Urban Affairs.

HB 1083. By Representative Russell of the 64th:
A bill to amend an Act to reincorporate the City of Winder in the County of Barrow so as to provide for certain matters relative to the election of certain councilmen; to provide certain qualifications upon the ability of the mayor to succeed himself. Referred to Committee on County and Urban Affairs.

HB 1093. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to create and establish a Small Claims Court in and for Emanuel County. Referred to Committee on County and Urban Affairs.

HB 1095. By Representative Mostiler of the 71st:
A bill to amend an Act providing for a Board of Commissioners of Spalding County so as to change the composition of the Board of Commissioners of Spalding County. Referred to Committee on County and Urban Affairs.

HB 1102. By Representatives Smith of the 78th and Tucker of the 73rd:
A bill to amend an Act creating a new charter for the City of Jackson so as to provide for the annexation of certain additional territory into the corporate limits of the City of Jackson. Referred to Committee on County and Urban Affairs.

HB 1110. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act providing a salary for the Sheriff of Union County in lieu of the fee system of compensation so as to change the provisions relative to the compensation of the Sheriff; to change the provisions relative to the Sheriff's deputies and other personnel and relative to operating expenses.
Referred to Committee on County and Urban Affairs.

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HB 1111. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act placing the Judge of the Probate Court of Fannin County on an annual salary in lieu of the fee system of com pensation so as to provide for office help for said officer. Referred to Committee on County and Urban Affairs.

HB 248. By Messrs. Marcus of the 26th, Larsen of the 27th, Egan of the 25th and others:
A bill 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. Referred to Committee on County and Urban Affairs.

HB 267. By Messrs. Pinkston of the 100th and Evans of the 99th:
A bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia to provide that the Board of Commissioners may accept certain applications for reinstatement in said Fund from prior members who have withdrawn the total sum which they have paid into the fund in dues. Referred to Committee on Retirement.

HB 542. By Representatives Egan of the 25th, Sams of the 90th, Snow of the 1st and Walker of the 115th:
A bill to amend an Act known as the "Disposition of Unclaimed Prop erty Act" so as to change the period of time after which certain property shall be presumed abandoned. Referred to Committee on Judiciary.

HB 568. By Representatives Howard and Cooper of the 19th, Nix of the 20th and others:
A bill to repeal Chapter 61-4 of the Code consisting of Sections 61-401 through 61-407 relating to distress warrants; to establish a new Chapter 61-4 of the Code relating to distress warrants; to provide that landlords shall have power to distrain for rents.
Referred to Committee on Judiciary.

HB 800. By Representatives Evans of the 99th and Walker of the 115th:
A bill to amend Code Section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, as amended. Referred to Committee on Transportation.

HB 827. By Representative Carlisle of the 71st: A bill to amend an Act known as the "Georgia Charitable Trust Act",

WEDNESDAY, MARCH 12, 1975

1713

approved March 21, 1974, so as to change the responsibility for ad ministration of said Act.
Referred to Committee on Banking, Finance and Insurance.

HB 867. By Representatives Bailey and Lee of the 72nd, Howard of the 19th and Harrison of the 20th:
A bill to amend Code Title 92, relating to public revenue, so as to change the date unpaid taxes shall commence bearing interest; to change the submission date for certain reports required of tax collectors; to change the date for making final settlements with both the State and county.
Referred to Committee on Banking, Finance and Insurance.

HB 894. By Representatives Knight of the 67th, Ware of the 68th, Greer of the 43rd and others:
A bill to amend Title 56, relating to insurance, so as to provide for the registration, regulation, development and operation of prepaid legal services plans. Referred to Committee on Banking, Finance and Insurance.

HR 150. By Representative Harris of the 8th:
A resolution authorizing the disposal of a tract of State-owned prop erty. Referred to Committee on Public Utilities.

HR 206. By Representative Harris of the 8th:
A resolution authorizing the conveyance of a certain tract of Stateowned property. Referred to Committee on Public Utilities.

HR 245. By Representatives Twiggs and Colwell of the 4th:
A resolution authorizing the conveyance of a certain State-owned ease ment for highway purposes. Referred to Committee on Public Utilities.

HR 334. By Representatives Reaves of the 147th, Collins of the 144th, Matthews of the 145th and others:
A resolution commending the University of Georgia College of Agricul ture Experiment Stations. Referred to Committee on Agriculture.

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HR 335. By Representatives Hudson of the 137th, Matthews of the 145th, Rainey of the 135th and others:
A resolution urging the United States Congress to increase support prices and loan programs for cotton. Referred to Committee on Agriculture.

HR 3S6. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A resolution whereas, the State of Georgia has a need to acquire public areas to encourage and to enhance the availability of game management and other outdoor recreation areas, public education in forestry. Referred to Committee on Natural Resources and Environmental Quality.

HR 337. By Representatives Matthews of the 145th, Castleberry of the lllth, McCollum of the 134th and others:
A resolution requesting the United States Department of Agriculture to issue a statement of intention concerning the federal peanut program. Referred to Committee on Agriculture.

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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 145. Do pass.
Respectfully submitted, McGill of 24th District, Chairman.

Senator Garrard of the 37th 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 343. Do pass.

WEDNESDAY, MARCH 12, 1975

1715

SB 380. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Garrard of the 37th 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 330. Do pass. SB 357. Do pass. SB 369. Do pass. SB 379. Do pass. SB 381. Do pass. SB 382. Do pass. SB 384. Do pass as amended. HB 299. Do pass. HB 530. Do pass by substitute. HB 863. Do pass. HB 924. Do pass as amended HB 976. Do pass. HB 991. Do pass. HB 993. Do pass as amended. HB 998. Do pass by substitute. HB 999. Do pass. HB 1010. Do pass. HB 1011. Do pass. HB 1013. Do pass. HB 1016. Do pass. HB 1020. Do pass. HB 1021. Do pass. HB 1022. Do pass.

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HB 1023. Do pass. HB 1036. Do pass as amended. HR 242. Do pass. SB 387. Do pass. SB 390. Do pass.

Respectfully submitted, Garrard of 37th 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 the following bill and resolution of the House & Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommenda tions :
HB 656. Do pass.
SR 146. Do pass.
Respectfully submitted, Hudgins of 15th District, Chairman.

Senator Overby of the 49th 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 760. Do not pass.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following bill

WEDNESDAY, MARCH 12, 1975

1717

and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 119. Do pass.
SB 389. Do pass.
Respectfully submitted, Eldridge of 7th District, Chairman.

Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. President:
Your Committee on Transportation has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 851. Do pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

Senator Lester of the 23rd 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 63. Do pass as amended. HB 15. Do pass as amended. HB 335. Do pass.
Respectfully submitted, Lester of 23rd District, Chairman.

The following bills and resolutions of the Senate and House were read the second time:

SB 343. By Senator Lewis of the 21st:
A bill to amend Code Section 23-1602 relating to when claims against counties must be presented, as amended, so as to change certain limita-

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JOURNAL OF THE SENATE,

tions with regard to claims for refund of county taxes due to overpay ment; to provide an effective date.

SB 380. By Senator Holley of the 22nd:
A bill to amend an Act known as the "Development Authorities Law", approved Mar. 28, 1969 (Ga. Laws 1969, p. 137), as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development.

SB 389. By Senators Garrard of the 37th, Eldridge of the 7th, Howard of the 42nd and Bell of the 5th:
A bill to specify certain basic rights for law enforcement officers; to provide a short title; to provide definitions; to provide for the right of law enforcement officers to engage in political activity; to provide the conditions under which an investigation or interrogation of a law enforcement officer shall be made by a law enforcement agency.

SR 145. By Senators Russell of the 10th, Young of the 13th, Timmons of the llth and others:
A resolution relative to the economic plight and disaster experienced by and facing the cotton-producing sectors of the farming and agricul tural industry in the State of Georgia.

SR 146. By Senator Kidd of the 25th:
A resolution relative to academic requirements for veterans in the colleges of this State.

HB 656. By Representatives Sigman of the 74th, Hays of the 1st, Owens of the 77th and others:
A bill to provide that no benefit, privilege, entitlement or preference shall be granted or available to any person under the laws of this State for his service as a member of the Armed Forces of the United States unless such person shall have been discharged from the Armed Forces under certain conditions.

HB 851. By Representatives Cole of the 6th, Burruss of the 21st, Pinkston of the 100th and others:
A bill to provide for retained amounts on certain water and sewer contracts; to provide for an alternate escrow procedure for such reten tion.

SB 63. By Senator Sutton of the 9th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, approved Feb. 3, 1949 (Ga. Laws 1949, p. 138), as amended,

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1719

so as to authorize all eligible employees of the Georgia Agrirama Development Authority to become members of the Employees' Retire ment System of Georgia.

HB 15. By Representatives Buck of the 95th and Ross of the 76th:
A bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to retirement benefits; to pro vide that any member who retired with 35 or more years of creditable service whose retirement benefit was reduced because of his age having been less than the normal age of retirement in effect at the time he retired shall be entitled to an adjusted retirement.

HB 335. By Representative Adams of the 14th:
A bill to amend an Act creating the Sheriff's Retirement Fund of Georgia and providing for a retirement system for the Sheriffs of Georgia.

SB 330. By Senator Brantley of the 56th:
A bill to amend an Act reincorporating the City of Atlanta, as amended, so as to change the corporate limits of said city.

SB 357. By Senator Warren of the 43rd:
A bill to provide that in all counties of this State having a population of not less than 400,000 nor more than 500,000 persons, according to the United States Decennial Census or any future such census, it shall be lawful to erect signs bearing the word "SOLD" on certain residential property.

SB 369. By Senators Riley of the 1st and McDowell of the 2nd:
A bill to fix the compensation of the judges of the Probate Courts in all counties of this State having a population of not less than 185,000 nor more than 190,000 according to the United States Decennial Census of 1970, or any future such census; to provide for the procedure con nected therewith; to provide an effective date.

SB 379. By Senator Shapard of the 28th:
A bill to amend an Act creating a Board of Commissioners for the counties of Spalding and Butts, as amended, so as to provide for ad ministrative personnel and clerical assistance for the Board of Com missioners of Spalding County.

SB 381. By Senators Barnes of the 33rd and Thompson of the 32nd:
A bill to amend an Act providing for a new charter for the City of Marietta, Georgia, as amended, so as to extend the corporate limits of said City.

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JOURNAL OF THE SENATE,

SB 382. By Senator Traylor of the 3rd:
A bill to amend an Act creating the Board of Commissioners of Bryan County, as amended, so as to change the provisions relating to the election of members of the board; to provide for the election of the chairman and vice chairman; to provide for other matters relative thereto; to provide for a referendum.

SB 384. By Senator KMd of the 25th:
A bill to amend an Act creating a new Charter for the City of Gordon, Georgia, as amended, so as to change the provisions relating to the election of the mayor and aldermen and their terms of office.

HB 299. By Messrs. Davis, Tolbert and Ray of the 56th and others:
A bill to amend Code Chapter 32-9, relating to county boards of educa tion, so as to provide for certain qualifications of members of the county boards of education of certain counties (population 400,000500,000).

HB 530. By Representative Knight of the 67th:
A bill to provide for a board of elections in certain counties (population, 32,300-32,500).

HB 863. By Representative Connell of the 87th:
A bill to amend an Act entitled "An Act to create a Board of Com missioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes.", so as to authorize the board to regulate and control access points and utility excavations on county roads.

HB 924. By Representatives Davis, Tolbert and Ray of the 56th and others:
A bill to authorize DeKalb County to require the repairing, closing or demolition of certain dwellings or structures intended for human habita tion or occupation which are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of said county.

HB 976. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act creating a new charter for the Town of Brooks so as to change the terms of office of the mayor and councilmen; to provide for the numbering of Posts on the council.

HB 991. By Representatives Twiggs and Colwell of the 4th: A bill to amend an Act placing the Sheriff of Gilmer County on a

WEDNESDAY, MARCH 12, 1975

1721

salary system in lieu of fees so as to change the provisions relative to the compensation and expense allowance of the Sheriff.

HB 993. By Representative Leonard of the 3rd:
A bill to create a charter for the City, of Fort Mountain, Ga.; to provide for definitions; to provide for corporate limits.

HB 998. By Representatives Johnson and Thomason of the 8th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees so as to change the provisions relative to the compensation of the deputies and clerical assistants of said officers.

HB 999. By Representatives Walker of the 115th, Watson of the 114th, and Waddle of the 113th:
A bill to create the Perry Redevelopment Authority.

HB 1010. By Representative Battle of the 124th:
A bill to provide for the compensation of the tax commissioner of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the U. S. Decennial Census of 1970 or any future such census; to provide an effective date.

HB 1011. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act which provides for the election and terms of members of the Board of Education for the City of Valdosta, so as to change certain provisions relative to the election and terms of said members.

HB 1013. By Representative Cox of the 141st:
A bill to provide for the appointment of the members of the Hospital Authority of Decatur County.

HB 1016. By Representatives Milford, Mann and Clark of the 13th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Franklin County and providing in lieu thereof an annual salary so as to change the provisions relating to the feeding of prisoners.

HB 1020. By Representative Tucker of the 73rd:
A bill to create a new Charter for the City of Hampton, Georgia, in the County of Henry.

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HB 1021. By Representative Tucker of the 73rd:
A bill to amend an Act requiring the Board of Education and the School Superintendent of Henry County to publish a monthly financial state ment of receipts and disbursements and the annual itemized report of the examination by the State Department of Audits of the Henry County Board of Education.

HB 1022. By Representative Tucker of the 73rd:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the judge of the probate court of Henry County on an annual salary in lieu of the fee system of compensation so as to provide that the salary of the chief deputy of the sheriff shall be fixed by the governing authority of Henry County.

HB 1023. By Representative Tucker of the 73rd:
A bill to amend an Act known as the "Henry County Development Authority Act" so as to change the method of appointing the members of the Authority; to provide for the appointment of the members of the Authority by the Board of Commissioners of Henry County.

HB 1036. By Representative Tucker of the 73rd:
A bill to amend an Act incorporating the City of Stockbridge so as to change the corporate limits; to change the municipal general election date; to provide for a referendum.

HR 242. By Representative Peters of the 2nd:
A resolution recognizing the City of Port Oglethorpe as an urban incorporated municipality.

SB 387. 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", as amended, so as to further define the powers of the Authority; to provide the Authority power to enter into contracts with consolidated governments.

SB 390. By Senator McDuffie of the 19th:
A bill to authorize and direct the Election Superintendent of Dodge County to hold an election on the question of establishing an elective Board of Education of Dodge County.

The President ordered the morning roll call, and the following Senators answered to their names:

Ballard Banks Barnes

Bell Bond Brantley

Brown of 47th Carter Coverdell

WEDNESDAY, MARCH 12, 1975

1723

Dean of 6th Eldridge Fincher Garrard Hamilton of 34th Hill Holley Howard Hudgins Hudson

Kidd Langford Lester Lewis McDowell Overby Pearce Reynolds Robinson Shapard

Stephens

Stumbaugh

Summers

Sutton

Timmons

Traylor

.

Turner

Warren

Young

Those not answering were Senators:

Barker Broun of 46th Dean of 31st Doss Duncan Foster

Gillis Hamilton of 26th Holloway Kennedy McDuffie McGill

Riley Russell Starr Tate Thompson Tysinger

The following resolution of the House was read and adopted:
HR 343. By Representatives Bargeron of the 83rd, Miles of the 86th, Games of the 43rd and others: A resolution commending the Honorable J. Roy McCracken.
The following resolutions of the Senate, favorably reported by the committee, were read and adopted:
SR 136. By Senator Warren of the 43rd: A resolution urging the Senate Committee on Economy, Reorganization and Efficiency in Government to make certain studies relative to un employment compensation.
SR 141. By Senators Barker of the 18th and Hudgins of the 15th: A resolution requesting the United States Postal Service to issue a postage stamp commemorating the Fox Theater.
SENATE RULES CALENDAR
Wednesday, March 12, 1975
HB 709. Motor Vehicle Dealers--additional franchises (AM) SB 200. Bad Check--provisions for commitment hearing SB 323. Commercial Bait Shrimping--hours and bonds

1724

JOURNAL OF THE SENATE,

SB 329. Insurance Companies--must acknowledge receipt of claims (SUB) SB 339. Deeds--grantee entered on reverse of warranty deed (SUB) SB 342. Commercial Fishing Boats--confiscation of SB 349. Nursery Stock Truck--not motor contract carrier SB 353. Off Road Vehicles--regulation SB 355. Real Estate. License--requirements hours of instructions SB 362. Mechanics'Liens on Vehicles--perfection and foreclosure (AM) SB 377. Insurance--apportionment of casualty insurance SB 386. Real Estate Exam--only three times in one year SR 121. Motor Fuel Tax--urge half go to States SR 128. Health Maintenance Organization Study Committee (SUB) SR 139. Freeport Tax Study Committee--create SR 140. Blue Laws Study Committee--create SR 144. Lee and Dougherty County--conveyance of property HB 41. Life Jackets--United States Coast Guard approved HB 110. No-Fault Insurance--notice of cancellation HB 262. Suits Against Foreign Corporations--change venue HB 315. Motor Fuel Tax--non-highway use (AM) HB 365. Unpaid Taxes--rate of interest on 12/20 each year HB 376. Motor Contract Carrier -- Public Safety Department jurisdiction
(SUB) HB 393. State Income Tax Returns--conform to United States returns HB 450. Blasting for Underground Utility Facilities--requirements (SUB) HB 481. Office of Housing--outreach workers to Farmers' Home Adminis
tration HB 617. Motor Fuel Tax--highway and non-highway use (AM) HB 700. Personnel Board--additional powers and duties HB 770. Mortgage Foreclosure--no copy of waiver HB 876. Georgia Securities Act of 1973--redefine certain terms (AM) HB 881. Civil Defense Act-Governor grant power to provide welfare benefits HB 882. Civil Defense Act--authorization of temporary housing

Respectfully submitted,
la/ Frank Eldridge, 7th District, Chairman Senate Rules Committee

WEDNESDAY, MARCH 12, 1975

1725

Senator Langford of the 51st introduced as Chaplain, The Reverend Bob Maddox, pastor, First Baptist Church, Calhoun, Georgia, who offered scripture reading and prayer.

Senator Reynolds of the 48th moved that the following bill of the House be postponed until 11:30 o'clock A.M. today.

HB 709. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
A bill to amend the Motor Vehicle Franchise Practices Act, approved February 28, 1974, so as to change certain provisions relative to the granting of additional franchises to motor vehicle dealers.

On the motion, the yeas were S3, nays 1; the motion prevailed, and HB 709 was postponed until 11:30 o'clock A.M.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 74. By Representative Larsen of the 27th:
A bill to amend Code Section 59-112, relating to persons exempt from jury duty so as to change the provision relating to women; to amend Code Section 79-207, relating to citizenship rights of females so as to change the provisions relating to rights and liabilities of females; to amend an Act relating to jury service of women.

Senator Overby of the 49th moved that the Senate adhere to the Senate amendment to HB 74 and that a Committee of Conference be appointed.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate amendment to HB 74 was adhered to.

The President appointed as a Committee of Conference on the part of the Senate the following:
Senators Barnes of the 33rd, Overby of the 49th and Pearce of the 16th.

The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:

SB 200. By Senators Hudson of the 35th and Stephens of the 36th:
A bill to amend Georgia Code Section 26- 1704, relating to bad checks, so as to add certain language thereto relating to a commitment hearing

1726

JOURNAL OF THE SENATE,

on trial involving a bank or depository beyond the subpoena power of the 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Brown of 47th Carter Coverdell Eldridge Pincher Foster Garrard Hamilton of 26th Hamilton of 34th

Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce

Reynolds Robinson Russell Shapard Starr Stephens Stumbaugh Sutton Tate Timmons Turner Ty singer Warren Young

Those not voting were Senators :

Barker Bond Broun of 46th Dean of 6th Dean of 31st

Doss Duncan Gillis Holloway McDuffie

Riley Summers Thompson Traylor

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Foster of the 50th introduced as Doctor of the Day, Dr. F. Olin Garrison, Cornelia, Georgia.

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 323. By Senator Langford of the 51st: A bill to amend an Act completely and exhaustively revising, supersed-

WEDNESDAY, MARCH 12, 1975

1727

ing and consolidating the laws relating to game and fish approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to provide for lawful hour's for bait shrimping; to require bonds of persons taking or selling commercial bait shrimp.

Senator McDowell of the 2nd offered the following amendment:
Amend SB 323 by deleting on Page 2, at line 11, starting with the word "all" through the word "license" on Page 3 at line 1.

On the adoption of the amendment, Senator Langford of the 51st called for the yeas and nays, the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barker Brown of 47th Carter Dean of 6th Hamilton of 26th Hill Holley

Hudgins Kennedy Kidd Lester Lewis McDowell McGill Pearce

Reynolds Russell Stephens Button Tate Traylor Warren Young

Those voting in the negative were Senators:

Ballard Barnes Bell Brantley Coverdell Dean of 31st Eldridge

Fincher Foster Garrard Hamilton of 34th Howard Hudson Langford

Overby Robinson Shapard Stumbaugh Summers Turner Tysinger

Those not voting were Senators:

Bond Broun of 46th Doss Duncan

Gillis Holloway McDuffie Riley

Starr Thompson Timmons

On the adoption of the amendment, the yeas were 24, nays 21, and the amend ment was adopted.

Senator Langford of the 51st moved that SB 323 be committed to the Com mittee on Natural Resources and Environmental Quality.

Senator Traylor of the 3rd moved that SB 323 be tabled.

1728

JOURNAL OF THE SENATE,

The President stated that 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:

Barker Carter Dean of 6th Hudgins Kennedy Kidd

Lester Lewis McDowell McGill Pearce Stephens

Button Tate Traylor Tysinger Warren

Those voting in the negative were Senators:

Ballard Banks Barnes Bell Brown of 47th Coverdell Dean of 31st Eldridge Fincher

Foster Garrard Hamilton of 26th Hamilton of 34th Hill Howard Hudson Langford Overby

Reynolds Robinson Russell Shapard Starr Stumbaugh Summers Turner Young

Those not voting were Senators:

Bond Brantley Broun of 46th Doss

Duncan Gillis Holley Holloway

McDuffie Riley Thompson Timmons

On the motion, the yeas were 17, nays 27; the motion was lost, and SB 323 was not tabled.

On the motion to commit, the yeas were 33, nays 0; the motion prevailed, and SB 323 was committed to the Committee on Natural Resources and Environmental Quality.

SB 329. By Senator Barker of the 18th:
A bill to amend Code Chapter 56-12, relating to actions against insurance companies, as amended, so as to require insurance companies to acknowl edge receipt of claims; to provide that failure of an insurance company to acknowledge such receipt shall constitute a conclusive presumption of liability for the full amount of the claim.

WEDNESDAY, MARCH 12, 1975

1729

;.

The Committee on Banking, Finance and Insurance offered the following

f

substitute to SB 329:

I

*

A BILL

To be entitled an Act to amend Code Chapter 56-12, relating to

actions against insurance companies, as amended, so as to require

insurance companies to acknowledge receipt of claims; to provide a

penalty for failure or refusal of an insurer to comply; 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. Code Chapter 56-12, relating to actions against insurance companies, as amended, is hereby amended by adding a new Section at at the end thereof, to be designated Code Section 56-1207, to read as follows:

"56-1207. Failure of an insurer to acknowledge claims; penalty.

';

(a) Within thirty days.after receipt of a claim with respect to a

!j

loss which is covered by a policy of insurance, the insurer shall

l~

furnish the holder of the policy with a written notice of receipt of

the claim. Such notice, in addition to acknowledging receipt of the

claim, shall indicate the claim number assigned to the claim by the

insurer.

(b) Failure or refusal of an insurer to comply with the pro visions of subsection (a) shall constitute a misdemeanor and, upon each conviction therefor, the insurer shall be punished by a fine of $100."

'

Section 2. 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 Barker Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge

Foster Garrard Hamilton of 26th Hamilton of 34th Hill Holley Hudgins Hudson Kennedy

Kidd Lewis Overby Reynolds Russell Shapard Starr Stephens Stumbaugh

1730
Button Tate Thompson

JOURNAL OF THE SENATE,

Timmons Traylor Turner

Tysinger Young

Those voting in the negative were Senators:

Banks Barnes Bell Howard

Langford Lester McDowell

Pearce Robinson Summers

Those not voting were Senators:

Bond Broun of 46th Doss Duncan

, Fincher Gillis Holloway McDuffie

McGill Riley Warren

On the adoption of the substitute, the yeas were 35, nays 10, 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 affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Carter Dean of 6th
Dean of 31st Eldridge Fincher Foster Garrard
Hamilton of 26th

Hamilton of 34th Hill Howard Hudgins Hudson Kennedy Kidd Langford
Lester Lewis McDowell Pearce Robinson
Russell

Shapard Stephens Stumbaugh Summers Sutton
Tate
Thompson Timmons
Traylor Turner
Tysinger
Warren
Young

Those voting in the negative were Senators:

Brown of 47th Holley

Overby Reynolds

Starr

WEDNESDAY, MARCH 12, 1975

1731

Those not voting were Senators:

Bond Broun of 46th
Coverdell Doss

Duncan Gillis Holloway

McDuffie McGill Riley

On the passage of the bill, the yeas were 41, nays 5.

The bill, having received the requisite constitutional majority, was passed by substitute.

SB 339. By Senator Langford of the 51st:
A bill to amend Code Chapter 29-4, relating to recording of deeds, as amended, so as to require the address of the grantee to be entered on the reverse of a warranty deed before it may be recorded.

The Committee on Judiciary offered the following substitute to SB 339:
A BILL
To be entitled an Act to amend Code Chapter 29-4, relating to re cording of deeds, as amended, so as to require the address of the grantee to be entered on a warranty deed before it may be recorded; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 29-4, relating to recording of deeds, as amended, is hereby amended by adding thereto a new Section, to be designated Code Section 29-401.1, to read as follows:
"29-401.1. Entry of grantee's address on warranty deed.--No warranty deed conveying an interest in real or personal property shall be recorded by the clerk of the court unless the street address or mailing address of the grantee appears on the face of the said warranty deed. Provided, however, that the failure to place the grantee's street or mailing address on the said warranty deed shall not affect the validity of the transfer of any estate or interest in real or personal property conveyed by the warranty deed."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the committee substitute was adopted.

1732

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Foster Hamilton of 26th Hamilton of 34th

Hill Howard Hudgins Hudson Kennedy -Kidd Langford Lewis McDowell McGill Overby Pearce Reynolds Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Barker Bond Broun of 46th Doss Duncan

Fincher Garrard Gillis Holley Holloway

Lester McDuffie Riley Young

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

HB 150. By Representatives Lambert of the 112th, Cole and Foster of the 6th and others:
A bill to amend an Act known as the "Georgia Retailers' and Consum ers' Sales and Use Tax Act," so as to authorize counties and certain

WEDNESDAY, MARCH 12, 1975

1733

municipalities to levy a local sales and use tax under certain condi tions.

The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:

SB 349. By Senator Russell of the 10th:
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 nursery stock or sod grass.

Senators Russell of the 10th and Starr of the 44th offered the following amendment:
Amend SB 349 by striking line 5 on Page 1 in its entirety and in serting in lieu thereof a new line 5, to read as follows:
"engaged in the transportation of nursery stock, sod grass, potting soil or pine bark nuggets;". :
By striking lines 15 and 16 on Page 1 in their entirety and inserting in lieu thereof new lines 15 and 16, to read as follows:
"of peanuts in the shell and peaches, nursery stock, sod grass, potting soil, pine bark nuggets, or poultry and processed poultry, or dry".

On the adoption of the amendment, the yeas were 30, nays 1, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Banks Barnes Bell Bond Brantley Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Duncan Eldridge Fincher Foster Hamilton of 34th Hill

Holley Howard Hudgins Hudson Kennedy Kidd Langford Lewis

1734
McDowell McGill Pearce Reynolds Russell Shapard Starr

JOURNAL OF THE SENATE,

Stephens Stumbaugh Summers Sutton Tate Thompson

Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Hamilton of 26th.

Those not voting were Senators:

Ballard Barker Broun of 46th Doss

Garrard Gillis Holloway Lester

McDuffie Overby Riley Robinson

On the passage of the bill, the yeas were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Russell of the 10th moved that SB 349 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 1; the motion prevailed, and SB 349 was immediately transmitted to the House.

Senator Duncan of the 30th moved that the following bill of the Senate be withdrawn from consideration of the Senate:

SB 190. By Senator Duncan of the 30th: A bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations, approved April 17, 1973 (Ga. Laws 1973, p. 924) so as to provide the circumstances under which said Act shall become effective.
On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 190 was withdrawn from consideration of the Senate.
The following general bill of the Senate, favorably reported by the com mittee, was read the third time and put upon its passage:

WEDNESDAY, MARCH 12, 1975

1735

SB 355. By Senator Barnes of the 33rd:
A bill to amend Code Section 84-1411, relating to qualifications for a real estate broker's or salesman's license, as amended, so as to prohibit the Georgia Real Estate Commission from adopting certain require ments concerning the maximum number of hours per day for in-class instruction for approval of a course of study.

Senator Warren of the 43rd moved that SB 355 be tabled.

On the motion, the President ordered a roll call, and the vote was as follows.

Those voting in the affirmative were Senators:

Brantley Brown of 47th Carter Coverdell Dean of 6th Gillis

Hudgins Kennedy
Lewis Shapard Starr

Tate Timmons Traylor Warren
Young

Those voting in the negative were Senators:

Ballard Banks Barker Barnes Duncan Eldridge Fincher Foster Garrard

Hamilton of 26th Hamilton of 34th
Hill Holley Howard Hudson Kidd Langford Lester

McDowell McGill Overby Reynolds Stumbaugh Summers Sutton Turner Tysinger

Those not voting were Senators:

Bell Bond Broun of 46th Dean of 31st Doss

Holloway McDuffie Pearce Riley

Robinson Russell Stephens Thompson

On the motion, the yeas were 16, nays 27; the motion was lost, and SB 355 was not tabled.

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:

1736

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Barnes Bond
Brantley Brown of 47th
Duncan Eldridge Fincher
Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley
Howard
Hudson Kidd
Langford

McDowell McGill Overby Reynolds
Stumhaugh Summers
Sutton Turner Tysinger

Those voting in the negative were Senators:

Barker Carter Coverdell Dean of 6th Hill Hudgins

Kennedy Lester Lewis Shapard Starr

Tate Timmons Traylor Warren Young

Those not voting were Senators:

Banks Bell Broun of 46th Dean of 31st Doss

Holloway McDuffie Pearce Riley

Robinson Russell Stephens Thompson

On the passage of the bill, the yeas were 27, nays 16.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Barnes of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 355.

Senator Lester of the 23rd moved that the following bill of the House be withdrawn from the Committee on Retirement and committed to the Committee on County and Urban Affairs:

HB 139. By Representatives Greer and Carnes of the 43rd and others:
A bill to amend an Act entitled "An Act to provide for the retirement of the judges and solicitor-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County, and the judge of the Juvenile Court of Fulton County".

WEDNESDAY, MARCH 12, 1975

1737

On the motion, the yeas were 31, nays 0, and HB 139 was withdrawn from the Committee on Retirement and committed to the Committee on County and Urban Affairs.

Senator Lester of the 23rd moved that the following bill of the House be withdrawn from the Committee on Retirement and committed to the Committee on County and Urban Affairs.

HB 251. By Representative Greer of the 43rd:
A bill to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County so as to change the conditions of eligibility for membership and pension benefits of the district attorney of the Superior Court of Fulton County.

On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 251 was withdrawn from the Committee on Retirement and committed to the Com mittee on County and Urban Affairs.

Senator Gillis of the 20th 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 362. By Senator McGill of the 24th: A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", approved March 7, 1961 (Ga. Laws 1961, p. 68), as amended, so as to repeal the current provisions regarding the perfection and foreclosure of mechanics' liens on vehicles.
The Committee on Transportation offered the following amendment:
Amend SB 362 on Page 3, line 3, by striking the words: "agent, or"
and substituting in lieu thereof the words:
"recorded lienholders and".
On the adoption of the amendment, the yeas were 34, nays 0, and the com mittee amendment was adopted.
The report of the committee, which was favorable to the bill, as amended, was agreed to.

1738

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:

Ballard
Banks Barker Barnes Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Foster Hamilton of 26th

Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce

Reynolds Robinson Shapard Starr Stephens Stumbaugh Button Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bell Broun of 46th
Doss Duncan

Garrard Gillis (presiding) Holloway McDuffie

Riley Russell Summers

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Barker of the 18th moved that the following bill of the Senate be taken from the table:

SB 56. By Senator Barker of the 18th:
A bill to amend an Act creating the Department of Public Safety for Georgia, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to require the court to suspend, revoke or cancel the driver's license of a person who is convicted, pleads guilty, or forfeits bonds for certain offenses.

On the motion, the yeas were 31, nays 2; the motion prevailed, and SB 56 was taken from the table and placed on the Senate Calendar.

Senator Lester of the 23rd moved that the following bill of the Senate be postponed until 12:15 o'clock P.M.

WEDNESDAY, MARCH 12, 1975

1739

SB 56. By Senator Barker of the 18th:
A bill to amend an Act creating the Department of Public Safety for Georgia, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to require the court to suspend, revoke or cancel the driver's li cense of a person who is convicted, pleads guilty, or forfeits bonds for certain offenses.

On the motion, the yeas were 31, nays 1, the motion prevailed, and SB 56 was postponed until 12:15 o'clock P. M.

The following general bill and resolutions of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:

SB 386. By Senator Howard of the 42nd:
A bill to amend Code Section 84-1412, relating to license fees for real estate brokers, associate brokers' and salesmen's licenses, as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 379), so as to provide that no person shall be allowed to take any examination more than three times in any twelve-month period.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Pincher Foster Garrard

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell Overby Pearce Reynolds

Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Doss Duncan

Gillis (presiding) Holloway McDuffie

McGill Riley Russell

1740

JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Howard of the 42nd moved that SB 386 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SB 386 was immediately transmitted to the House.

SR 121. By Senators Ballard of the 45th, Reynolds of the 48th, Brown of the 47th and Lewis of the 21st:
A resolution relative to the proposed increase in the tax on motor fuels by the federal government.

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 presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Foster Garrard

Hamilton of 34th Hill Holley
Howard Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce Reynolds

Those not voting were Senators:

Broun of 46th Doss Duncan Gillis (presiding)

Hamilton of 26th Holloway Hudgins

Robinson Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Ty singer Warren Young
McDuffie Riley Russell

On the adoption of the resolution, the yeas were 46, nays 0.

WEDNESDAY, MARCH 12, 1975

1741

The resolution, having received the requisite constitutional majority, was adopted.

The President resumed the Chair.

SR 128. By Senator Fincher of the 54th:
A resolution creating the Health Maintenance Organization Study Committee.

The Committee on Rules offered the following substitute to SR 128:
A RESOLUTION
Creating the Health Maintenance Organization Study Committee; and for other purposes.
WHEREAS, there is evidence that our State could benefit from the creation of Health Maintenance Organizations to make available health services to meet the needs of its citizens; and
WHEREAS, the ability to formulate and operate Health Maintenance Organizations may be questionable under the laws of this State; and
WHEREAS, the shortage of medical services in certain areas is of vital concern to all Georgians; and
WHEREAS, there is a need to obtain more information as to the advisability of the creation of Health Maintenance Organizations and their reliability in providing less expensive health services to citizens of Georgia; and
WHEREAS, in other parts of the United States there has been considerable controversy over the creation of Health Maintenance Organizations.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL AS SEMBLY OF GEORGIA that there is hereby created the Health Main tenance Organization Study Committee to be composed of 16 members. The Speaker of the House shall appoint one member from the House Committee on Health and Ecology and one member from the House Committee on Insurance. The President of the Senate shall appoint one member from the Senate Committee on Banking, Finance and Insurance and one member from the Senate Committee on Human Resources. The Insurance Commissioner shall appoint two members and the Commission er of Human Resources shall appoint two members. One member shall be appointed by the President of the Senate from each of the following organizations upon the recommendation of the organization: the Medical Association of Georgia, the Georgia State Medical Association, the Georgia Nurses Association, and the Georgia Hospital Association. One member shall be appointed by the Speaker of the House from each of

1742

JOURNAL OF THE SENATE,

the following organizations upon the recommendation of the organiza tion: the Georgia Nursing Home Association, the Georgia Dental Associa tion, the Emory School of Medicine and the Medical College of Georgia. The President of the Senate and the Speaker shall designate one of their respective appointees as cochairman, and the cochairmen shall jointly call the organizational meeting of the Committee.

BE IT FURTHER RESOLVED that the Committee shall conduct a thorough study of the question of creating Health Maintenance Organizations within the State of Georgia with particular emphasis on the financial stability of these organizations. The Committee shall be authorized to make such inquiries and investigations as it deems neces sary in completing this study and in this connection solicit the coopera tion of all appropriate persons. The Committee may conduct such meetings at such places and such times as it may deem necessary or convenient to enable it to fully and effectively exercise its power, perform its duties, and accomplish the purposes of this resolution.

BE IT FURTHER RESOLVED that the legislative members of the Committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees but shall receive the same for not more than 20 days unless additional days are authorized by the President of the Senate and the Speaker of the House. Except for appointees who are State employees who shall be reimbursed for their expenses by their employer in accordance with applicable law and regulation, the members of the Committee appointed by the Insurance Commissioner and the Commissioner of Human Resources shall receive the same expenses and allowances as provided for legisla tive members of the Committee which shall come from funds ap propriated to or available to the Department of Human Resources. This resolution shall not authorize any other members of the Committee to receive expenses or allowances but such members may receive any expenses and allowances to which they are otherwise entitled. Except as provided herein, the funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of government.

Senator Stumbaugh of the 55th offered the following amendment:
Amend the committee substitute to SR 128 by adding on Page 1, line 25 following "Insurance," the following: "and two additional mem bers from the House as a whole."
and
on Page 2, line 61, following "Resources" add the following: "and
two additional members from the Senate as a whole." and
change "two" to "one" on lines 62 and 63 on Page 2.

WEDNESDAY, MARCH 12, 1975

1743

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 36, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.

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 Banks Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Foster Garrard Gillis

Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McGill Overby Pearce

Those not voting were Senators:

Barker Broun of 46th Doss Duncan

Hamilton of 26th Holloway McDuffie

Reynolds Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Tysinger Warren Young
Riley Robinson Turner

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

Senator Fincher of the 54th moved that SR 128 be immediately transmitted to the House.

On the motion, the yeas were 34, nays 0; the motion prevailed, and SR 128 was immediately transmitted to the House.

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SR 139. By Senators Lester of the 23rd and Riley of the 1st: A resolution creating the Freeport Tax 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 Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Foster

Garrard "Hamilton of 34th Hill Holley Howard Hudgins Hudson Kidd Langford Lester Lewis McDowell McGill Overby

Those not voting were Senators:

Bond Broun of 46th Doss Duncan Gillis

Hamilton of 26th Holloway Kennedy McDuffie Riley

Pearce Reynolds Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Tysinger Warren
Robinson Russell Timmons Turner Young

On the adoption of the resolution, the yeas were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Lester of the 23rd moved that SR 139 be immediately transmitted to the House.

On the motion, the yeas were 30, nays 0; the motion prevailed, and SR 139 was immediately transmitted to the House.

SR 140. By Senators Reynolds of the 48th and Hudson of the 35th: A resolution creating the Blue Laws Study Committee.

WEDNESDAY, MARCH 12, 1975

1745

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Foster

Garrard Hamilton of 34th Hill Holley Howard Hudson Kidd Lester Lewis McDowell McGill Overby Pearce Reynolds

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Doss Duncan Fincher Gillis

Hamilton of 26th Holloway Hudgins Kennedy Langford

McDuff ie Riley Robinson Thompson Timmons

On the adoption of the resolution, the yeas were 41, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Reynolds of the 48th moved that SR 140 be immediately transmitted to the House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and SR 140 was immediately transmitted to the House.

HB 41. By Representative Rush of the 121st:
Senate Sponsor: Senator Gillis of the 20th.
A bill to amend an Act known as the "Georgia Boat Safety Act", so as to prohibit selling or offering to sell within this State any personal flotation device which is not U. S. Coast Guard approved 'unless such device is legibly marked that it is not U. S. Coast Guard approved.

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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

Banks

Barker

Barnes

Bell



Bond

Brantley

Brown of 47th

Carter

Coverdell

Dean of 31st

Fincher

Foster

Garrard

Hamilton of 34th

Holley Howard Hudgins Hudson Kidd Langford Lester Lewis McGill Overby Pearce Reynolds Robinson Russell

Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators Dean of 6th and McDowell.

Those not voting were Senators:

Broun of 46th Doss Duncan Eldridge

Gillis Hamilton of 26th Hill Holloway

Kennedy McDuffie Riley

On the passage of the bill, the yeas were 43, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate, favorably reported by the committee and postponed earlier until 12:15 o'clock P. M., was read the third time and put upon its passage:

SB 56. By Senator Barker of the 18th:
A bill to amend an Act creating the Department of Public Safety for Georgia, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to require the court to suspend, revoke or cancel the driver's li cense of a person who is convicted, pleads guilty, or forfeits bond's for certain offenses.

WEDNESDAY, MARCH 12, 1975

1747

Senator Barnes of the 33rd offered the following amendment:

Amend SB 56 by striking "shall" on line 1, Page 2 and inserting "may" and

by striking "shall" on line 2, Page 2 and inserting "may" and

by striking "shall" on line 4, Page 2 and inserting "may" and

by striking "shall" on line 6, Page 2 and inserting "may" and

by striking "shall" on line 9, Page 2 and inserting "may" and

by striking "shall" on line 11, Page 2 and inserting "may".

On the adoption of the amendment, Senator Barker of the 18th called for the yeas 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 Barnes Brantley Brown of 47th Dean of 6th Dean of 31st Eldridge

Fincher Hamilton of 34th Pearce Reynolds Russell Stephens

Those voting in the negative were Senators :

Banks Barker Bell Bond Carter
Coverdell
Duncan
Foster
Garrard

Hamilton of 26th Hill Holley Howard Hudgins
Hudson
Kidd
Langford
Lester

Stumbaugh Summers Sutton Timmons Traylor Turner
Lewis McGill Overby Robinson Shapard Starr Tate Tysinger ' Warren

Those not voting were Senators:

Broun of 46th Doss Gillis Holloway

Kennedy McDowell McDuffie

Riley Thompson Young

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JOURNAL OF THE SENATE,

On the adoption of the amendment, the yeas were 19, nays 27, and the amendment was lost.

Senator Lester of the 23rd offered the following amendment:
Amend SB 56 by adding a new Section 2 to read as follows:
"Section 2. Provided, however, the judge shall not take such license from the defendant until all appellate matters which may be raised have been finally adjudicated on appeal." And by renumbering Section 2 as Section 3.

On the adoption of the amendment, the yeas were 40, nays 1, and the amend ment was adopted.

Senator Barnes of the 33rd moved that SB 56 be tabled.

Senator Barker of the 18th moved the previous question.

The President stated that the motion to table takes precedence.

On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barnes Brantley Brown of 47th

Dean of 6th Hamilton of 34th Pearce Russell

Stephens Stumbaugh Sutton Traylor

Those voting in the negative were Senators:

Banks Barker Bell Bond Carter Coverdell Dean of 31st Duncan Eldridge Foster Garrard Hamilton of 26th

Hill Holley Howard Hudgins Hudson Kidd Langford Lester Lewis McGill Overby Reynolds

Robinson Shapard Starr Summers Tate Thompson Timmons Turner Tysinger Warren Young

WEDNESDAY, MARCH 12, 1975

1749

Those not voting were Senators:

Broun of 46th Doss Fincher

Gillis Holloway Kennedy

McDowell McDuffie Riley

On the motion the yeas were 12, nays 35; the motion was lost, and SB 56 was not tabled.

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:

Banks Barker Bell Bond Carter Coverdell Dean of 31st Duncan Eldridge Fincher Foster Garrard Hamilton of 26th

Hill Holley Howard Hudgins Hudson Kidd Langford Lester Lewis McGill Overby Reynolds Robinson

Shapard Starr Stumbaugh Summers
Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those voting in the negative were Senators:

Ballard Barnes Brantley Brown of 47th

Dean of 6th Hamilton of 34th Pearce

Russell Stephens Traylor

Those not voting were Senators:

Broun of 46th Doss Gillis

Holloway Kennedy McDowell

McDuffie Riley

On the passage of the bill, the yeas were 38, nays 10.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Barker of the 18th moved that SB 56 be immediately transmitted to the House.

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JOURNAL OP THE SENATE,

On the motion, the yeas were 26, nays 7; the motion prevailed, and SB 56 was immediately transmitted to the House.

The President announced the Senate would stand in recess from 12:40 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 bills of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage:

HB 110. By Representatives Castleberry of the lllth, Parrish of the 97th, Bargeron of the 83rd and others:
Senator Sponsor: Senator Kidd of the 25th.
A bill to amend an Act known as the "Ga. Motor Vehicle Accident Rep arations Act" so as to provide that in cases in which the minimum insurance required by this Act is cancelled by the insurer, upon receipt of notification of such cancellation the Department of Public Safety shall send a notification to the owner of such motor vehicle that the Department has been informed of the fact of such cancellation.

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 Banks Barnes Brantley Brown of 47th Carter Dean of 6th Dean of 31st Eldridge Fincher Poster Garrard

Hill Holley Holloway Hudson Kidd Langford Lester McDowell McDuffie McGill Overby

Pearce Reynolds Shapard Starr Stumbaugh Sutton Tate Thompson Turner Tysinger Warren

Those not voting were Senators:

Barker Bell Bond

Broun of 46th Coverdell Doss

Duncan Gillis Hamilton of 26th

WEDNESDAY, MARCH 12, 1975

1751

Hamilton of 34th Howard Hudgins Kennedy Lewis

Riley Robinson Russell Stephens

Summers Timmons Traylor Young

On the passage of the bill, the yeas were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 262. By Representative Egan of the 25th:
Senate Sponsor: Senator Pearce of the 16th.
A bill to amend Code Title 22, relating to corporations, so as to change the venue for bringing suits against foreign corporations; to provide that dividends on preferred stock need not be cumulative.

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 Banks Barnes Brantley Brown of 47th Carter Dean of 31st Doss Eldridge Fincher Garrard Gillis Hamilton of 26th

Holley Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson

Shapard Starr Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators Dean of 6th and Hill.

Those not voting were Senators:

Barker Bell Bond Broun of 46th Coverdell Duncan

Poster Hamilton of 34th Holloway Howard Hudgins

Kennedy Riley Russell Stephens Timmons

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JOURNAL OF THE SENATE,

On the passage of the bill, the yeas were 38, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 315. By Representatives Foster and Wheeler of the 152nd, Clifton of the 107th and others:
Senate Sponsor:' Senator Reynolds of the 48th.
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 nonhighway purposes.

The Committee on Judiciary offered the following amendment:
Amend HB 315 on Page 2, line 14, by striking the word and period "misdemeanor.",
and inserting in lieu thereof the following:
"misdemeanor of a high and aggravated nature, and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than 12 months or both."

On the adoption of the amendment, the yeas were 31, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Robinson Shapard Starr Stumbaugh Summers
Button Tate Thompson Traylor Turner Tysinger Warren

WEDNESDAY, MARCH 12, 1975

1753

Those not voting were Senators:

Bell Bond Broun of 46th Duncan Hill

Holloway Hudgins Kennedy Reynolds Riley

Russell Stephens Timmons Young

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 365. By Representative Carrell of the 75th:
Senate Sponsor: Senator Ballard of the 45th.
A bill to amend Code Title 92, relating to public revenue, so as to change the provisions relating to rate of interest on unpaid taxes on Dec. 20th in each year.

Senator Tysinger of the 41st offered the following amendment:
Amend HB 365 by changing the period to a comma on Page 2, line 3, and adding the following:
"except for those counties that have provided by law for a les ser time."

On the adoption of the amendment, the yeas were 31, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to 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 Banks Barker Barnes Brantley Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kidd

1754
Langford Lester Lewis McDuffie Overby Pearce Reynolds Robinson

JOURNAL OF THE SENATE,

Shapard Starr Stephens Stumbaugh Summers Sutton Tate

Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bell Bond Broun of 46th Gillis

Holloway Kennedy McDowell

McGill Riley Russell

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 377. By Senator Doss of the 52nd:
A bill to amend Code Chapter 56-5, relating to the rates for casualty, surety, vehicle, property, marine and transportation insurance, as amended, so as to provide for mandatory agreements for apportionment of certain casualty insurance; to provide for a determination of neces sity by Commissioner; to provide for approval and revocation of such agreements.

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 Banks Barker Barnes Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss

Duncan Eldridge Fincher Foster Garrard Hamilton of 34th Hill Holley Howard Hudgins Hudson

Kidd Langford Lewis McDuffie Overby Pearce Robinson Shapard Starr Stephens Stumbaugh

WEDNESDAY, MARCH 12, 1975

1755

Sutton Tate Thompson

Timmons Traylor Turner

Tysinger Warren Young

Those not voting were Senators:

Bell Bond Broun of 46th Gilljs Hamilton of 26th

Holloway Kennedy Lester McDowell McGill

.

Reynolds

Riley

Russell

Summers

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 376. By Representatives McDonald of the 12th, Smith of the 78th and Hutchinson of the 133rd:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend the Executive Reorganization Act of 1972 so as to authorize the Department of Public Safety to exercise jurisdiction over safety of motor vehicles and over the drivers of motor vehicles operating as motor contract carriers or motor common carriers.

The Senate Committee on Transportation offered the following substitute to HB 376:
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 transfer certain functions, powers, duties and authority from the Department of Public Safety to the Public Service Commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP 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 Section 1604, which reads as follows:
"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 pursuant to Ga. L. 1931, Ex. Sess. pp. 99, 111 and Ga. L. 1931, pp. 199, 209 (Ga. Code Ann. sec. 68-251(a), 68-627(a)), are transferred to the Department of Public Safety. The Public Service Commission shall

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JOURNAL OF THE SENATE,

retain the responsibility for establishing inspection criteria for vehicles subject to its regulation. Unless inconsistent with this Act, any reference in Georgia Laws to the Pubic Service Commission relating to the performance of its vehicle safety inspection func tions means the Department of Public Safety.",

in its entirety.

Section 2. Said Act is further amended by adding, preceding Sec tion 1605, a new Section 1604.1, to read as follows:

"Section 1604.1. Functions Retransferred to the Public Service Commission. The functions of the Public Service Commission relat ing to the performance of safety inspections on motor vehicles pursuant to Ga. Laws 1931, Ex. Sess., p. 99, and Ga. Laws 1931, p. 199, which were transferred to the Department of Public Safety under the provisions of Section 1604 of the Executive Reorgan ization Act of 1972, are hereby retransferred to the Public Service Commission. Such functions shall be performed by the Public Service Commission. The Public Service Commission shall retain the respon sibility for establishing inspection criteria for vehicles subject to its regulation. Any reference in Georgia laws to the Public Service Commission relating to the performance of its vehicle safety in spection functions means the Public Service Commission."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 33, nays 0, 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 affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Eldridge

Fincher Foster Garrard Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson Kidd Lester

Lewis Overby Pearce Reynolds Robinson Shapard Starr Stephens Stumbaugh Summers Sutton

WEDNESDAY, MARCH 12, 1975

1757

Tate Thompson Timmons

Traylor Turner Tysinger

Warren Young

Those voting in the negative were Senators Dean of 31st and McDuffie.

Those not voting were Senators:

Bond Broun of 46th Doss Duncan Gillis

Hill Holloway Kennedy Langford

McDowell McGill Riley Russell

On the passage of the bill, the yeas were 41, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 393. By Representatives Lambert of the 112th and Carlisle of the 71st: Senate Sponsor: Senator Starr of the 44th. A bill to amend Section 92-3107 relating to the allowable standard deduction; to amend Section 92-3108, of the Code of Georgia of 1933, 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 U.S. Internal Revenue Code of 1954 in force and effect on January 1, 1975.
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 Banks Barker Barnes Bell Brantley Carter Coverdell Dean of 31st Eldridge Pincher

Foster Garrard Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kidd Lester

Lewis McDuffie McGill Overby Pearce Reynolds Robinson Shapard Starr Stephens Summers

1758
Sutton Tate Thompson

JOURNAL OF THE SENATE,

Timmons Traylor Turner

Tysinger Warren Young

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Bond Broun of 46th Brown of 47th Doss Duncan

Gillis Holloway Kennedy Langford

McDowell Riley Russell Stumbaugh

On the passage of the bill, the yeas were 42, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 450. By Representative Lane of the 40th:
Senate Sponsor: Senator Hill of the 29th.
A bill to provide certain requirements in connection with blasting or excavating in the vicinity of certain underground utility facilities.

The Senate Committee on Public Utilities offered the following substitute to HB 450:
A BILL
To be entitled an Act to amend an Act providing certain require ments in connection with blasting or excavating in the vicinity of under ground gas pipes and other facilities, approved March 6, 1969 (Ga. Laws 1969. p. 50), as amended by an Act approved March 10, 1970 (Ga. Laws 1970. p. 226), so as to provide that gas companies shall file with the clerk of the superior court the name and certain other information concerning the source from which information respecting the location of their underground gas pipes and facilities may be obtained; to pro vide for the maintenance of a file for such materials by such clerks and the fees therefor; to provide for the filing of such information by munic ipal gas distribution systems; to provide that with certain exceptions no person shall engage in blasting or excavating with mechanized excavat ing equipment until certain notice has been given to gas companies and certain other conditions have occurred; to provide for the contents of such notice and such other conditions; to provide that the gas companies involved will furnish certain information concerning the location of their underground gas pipes and other facilities within a designated time; to provide certain exceptions with respect to work by or for the State, counties, municipal corporation and agencies thereof; to provide

WEDNESDAY, MARCH 12, 1975

1759

that location information furnished must be accurate; 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 certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. Laws 1969, p. 50), as amended by an Act approved March 10, 1970 (Ga. Laws 1970, p. 226), is hereby amended by striking Section 3 thereof in its entirety and substituting in lieu thereof a new Section 3 to read as follows:

"Section 3. Each gas company who maintains underground gas pipes or facilities within any county of this State shall file with the clerk of the superior court of such county the name, address and telephone number of the office, department or other source from or through which information may be obtained during normal hours on business days respecting the location of the pipes and gas facilities of such gas company within said county. Each gas company from time to time shall make such further and additional filings as may be necessary to keep current the designation, address and telephone number of such source for such gas company. Municipal gas distri bution systems shall not be required to make such filings in the office of the clerk of the superior court but shall maintain such information in the office of the clerk of such city, or in the office of the superintendent of the gas department of such city or in the office of the utility commission of such city."

Section 2. Said Act, as amended, is further amended by striking Section 4 thereof in its entirety and substituting in lieu thereof a new Section 4 to read as follows:

"Section 4. The clerk of the superior court in each county of this State shall:

(a) maintain a file for the written information to be filed by gas companies in accordance with the provisions of this Act and make the same available for public inspection;

(b) mark the date and hour of filing of all written materials filed in accordance with the provisions of this Act;

(c) charge a uniform fee for the filing of such written ma terials of one dollar ($1.00) per page."

Section 3. Said Act, as amended, is hereby further amended by striking Section 5 thereof in its entirety and substituting in lieu thereof a new Section 5 to read as follows:

"Section 5. (a) No person shall commence, perform or engage in blasting or in excavating with mechanized excavating equipment

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JOURNAL OF THE SENATE,

on any tract or parcel of land in any county in the State unless and until each of the following conditions has occurred:

(1) The person planning such blasting or excavating has, on or before the third business day preceding the day on which such work is planned to commence, given actual notice of such proposed work to the source designated and filed in such county by each gas company in accordance with the provisions of Section 3 of this Act, which notice shall:

(i) described the tract or parcel of land upon which such blast ing or excavation is to take place with sufficient particularity to enable the gas company to ascertain the precise tract or parcel of land involved;

(ii) state the name, address and telephone number of the per son who will engage in such blasting or excavating;

(iii) describe the type of blasting or excavating to be engaged in by such person;

(iv) designate the date, no earlier than three (3) business days and no later than ten (10) days from the date of such notice, upon which such blasting or excavating will commence.

(2) The person planning such blasting or excavating has as certained from each source filed in accordance with the provisions of Section 3 hereof the location of all gas pipes and facilities of each gas company which are located upon said tract or parcel of land or within two hundred (200) feet thereof.

(b) Notwithstanding the foregoing, a person who engages in blasting or excavating with mechanized excavating equipment upon a tract or parcel of land which he owns shall not be required to give any notice under the provisions hereof with respect to underground gas pipes or facilities located in an easement or right-of-way upon, over or across such tract or parcel of land if such easement or rightof-way was granted by such person and the location of such under ground gas pipes or facilities is known to him."

Section 4. Said Act, as amended, is further amended by striking Section 6 thereof in its entirety and substituting in lieu thereof a new Section 6 to read as follows:

"Section 6. Each gas company shall within three (3) business days following receipt of actual notice, as described above, to the source filed in accordance with the provisions of Section 5 hereof, or within such longer reasonable period as may be required under the circumstances, but in any event within five (5) business days:

(a) attempt to advise the person requesting such information by telephoning such person at the telephone number furnished by

WEDNESDAY, MARCH 12, 1975

1761

such person as aforesaid, or, if no such telephone number was furnished, by delivery personally or mailing by certified or register ed mail, return receipt requested, to the address furnished as afore said by such person, notice that (1) such gas company does not have underground gas pipes or facilities located upon such parcel or tract of land or within two hundred (200) feet thereof, or that (2) such gas company has staked or otherwise marked the surface of the land to indicate the location of such of its underground gas pipes and other facilities as are located upon such tract or parcel of land and within two hundred (200) feet thereof."

Section 5. Said Act, as amended, is further amended by redesignating existing Sections 11, 12 and 13 thereof as Sections 13, 14 and 15, respectively, and by adding two new Sections, to be designated Sections 11 and 12, to read as follows:

"Section 11. The provisions of this Act shall not apply to any work, including blasting or excavating with mechanized equipment, administered, performed by, contracted for or let by a municipal corporation, a county or by the State or any instrumentality, depart ment, board, agency or authority of a municipal corporation, a county or the State, including any such work when performed by contractors or subcontractors of any of the same.

Section 12. (a) For the purposes of this Act, information con cerning location of underground gas pipes or facilities given by such gas company to any person must be accurate to within twentyfour (24) inches. If any underground gas pipes or facilities become damaged due to inaccurate location information furnished by such gas company, all liabilities imposed by this Act shall not apply.

(b) Upon documented evidence that the person seeking location information has incurred losses or expenses due to inaccurate in formation, lack of information or unreasonable delays in supplying information by such gas company, the gas company shall be liable to that person for his losses."

Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming 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 yeas 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, 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 Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Foster Garrard

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudson Kidd Langford Lester Lewis McDuffie McGill Overby Pearce

Reynolds Robinson Shapard Starr Stephens Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Broun of 46th Doss Duncan Gillis

Holloway Hudgins Kennedy McDowell

Riley Russell Stumbaugh Timmons

On the passage of the bill, the ayes were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 481. By Representative Gammage of the 17th:
Senate Sponsor: Senator Turner of the 8th.
A bill to authorize and direct the State Office of Housing to provide outreach workers to the Farmers Home 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 Banks Barker Barnes

Bell Bond Brantley Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st

WEDNESDAY, MARCH 12, 1975

1763

Eldridge Fincher Foster Garrard Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson

Kidd
Lester Lewis McDuffie McGill Overby Pearce Robinson Shapard Starr

Stephens Summers Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Sutton.

Those not voting were Senators:

Broun of 46th Doss Duncan Gillis

Holloway Kennedy Langford McDowell

Reynolds Riley Russell Stumbaugh

On the passage of the bill, the yeas were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 617. By Representative Murphy of the 18th:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend Code Section 92-1417, relating to the procedures for the collection of delinquent taxes on motor fuel, so as to provide that under certain circumstances the sale of motor fuel to an ultimate consumer who has both highway and nonhighway uses of such fuel shall not be subject to the motor fuel tax.

The Committee on Judiciary offered the following amendment:
Amend HB 617 by striking on Page 1, lines 5 and 6, the words "such fuel shall not be subject to the", and by inserting in lieu thereof the words "that type of fuel shall be exempt from";
and
By striking quoted subsection (D) in Section 1 in its entirety and inserting in lieu thereof a new quoted subsection (D) of Section 1, to read as follows:
"(D) In those instances where a sale of motor fuel, other than gasoline, has been made to an ultimate consumer who has both high-

1764

JOURNAL OF THE SENATE,

way and nonhighway uses of that type of motor fuel and no tax has been collected on such sale, when it shall be demonstrated to the satisfaction of the Commissioner that no portion of such motor fuel was used for highway purposes, such sales shall be exempt from the tax imposed by this Chapter and no assessment of any such tax shall be made by the Commissioner.".

On the adoption of the amendment, the yeas were 34, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Foster

Garrard Hamilton of 26th Hill Holley Howard Hudgins Hudson Kidd Langford Lester Lewis McDuffie McGill Overby

Pearce Reynolds Robinson Shapard Stephens Stumbaugh Summers Button Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Bond Broun of 46th Doss Duncan Gillis

Hamilton of 34th Holloway Kennedy McDowell Riley

Russell Starr Tate Young

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

WEDNESDAY, MARCH 12, 1975

1765

HB 700. By Representatives Carr of the 105th, Whitmire of the 9th, Bray of the 70th and others:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws relating to the State Personnel Board and State Merit System of Personnel Administration so as to provide for additional powers and duties of the State Personnel 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Eldridge Fincher Foster Garrard

Hamilton of 26th Hill Holley Howard Hudgins Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Those not voting were Senators:

Broun of 46th Dean of 31st Doss Duncan Gillis

Hamilton of 34th Holloway Hudson Kennedy

Reynolds Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren
Riley Russell Starr Young

On the passage of the bill, the yeas were 43, 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 238. By Senators McDowell 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 180,000 and not more than 190,000 and in all municipal corporations located within such counties, sales of alcoholic beverages for consumption on the premises shall be authorized during certain hours.

The House substitute was as follows:

A BILL

To be entitled an Act to provide that in all counties of this State having a population of not less than 180,000 and not more than 190,000 according to the United States Decennial Census of 1970 or any future such census, and in all municipal corporations located within such coun ties, wherein the sale of alcoholic beverages, distilled spirits, malt bever ages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The provisions of any other law of this State to the contrary notwithstanding, in all counties of this State having a popula tion of not less than 180,000 and not more than 190,000 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, by ordinance of the governing body of such county or municipality, such sales for consumption on the premises shall be authorized at any time from 11:55 p.m. on Saturdays until 2:55 a.m. on Sundays.

Section 2. Not less than five nor more than 180 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 election superintendent of each county having a population of not less than 180,000 and not more than 190,000, according to the United States Decennial Census of 1970 or any future such census, to issue the call for an election for the purpose of submitting the provisions of this Act to the electors of such county for approval or rejection. The superintendent shall set the date of such election for the date of the presidential preference primary of 1976. The superintendent 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 each such county.

The ballot shall have written or printed thereon the words:

i

"( ) YES Shall the provisions of the Act authorizing the

governing body of the county or municipalities

WEDNESDAY, MARCH 12, 1975

1767

|

located therein to permit the sale of alcoholic

8

( ) NO beverages, distilled spirits, malt beverages and

3.

wines for consumption on the premises at any

:

time from 11:55 p.m. on Saturdays until 2:55

a.m. on Sundays be approved?"

All persons desiring to vote for approval 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 in such

county and in all municipalities located within such county, otherwise

\

it shall be void and of no force and effect in such county or in all

municipalities located within such county.

The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

i;

Section 4. All laws and parts of laws in conflict with this Act are

?;

hereby repealed.

Senator McDowell of the 2nd offered the following substitute to the House substitute:
A BILL
To be entitled an Act to provide that in all counties of this State having a population of not less than 180,000 and not more than 190,000 according to the United States Decennial Census of 1970 or any future such census, and in certain 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; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The provisions of any other law of this State to the contrary notwithstanding, in all counties of this State having a popula tion of not less than 180,000 and not more than 190,000 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, by ordinance of the governing body of such county or municipality, such sales for consumption on the premises shall be

1768

JOURNAL OF THE SENATE,

authorized at any time from 11:55 p.m. on Saturdays until 2:55 a.m. on Sundays.

Section 2. The governing authorities of all municipal corporations located within those counties provided for above having a population of not less than 1,700 and not more than 1,800, according to the United States Decennial Census or any such future census, may provide by ordinance that the sale of all such beverages may be allowed at any time except between the hours 3:00 a.m. and 3:00 p.m. on Sundays.

Section 3. Not less than five nor more than 180 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 election superintendent of each county having a population of not less than 180,000 and not more than 190,000, according to the United States Decennial Census of 1970 or any future such census, to issue the call for an election for the purpose of submitting to the electors of such county the question of whether Sec tion 1 of this Act shall be approved or rejected. The superintendent shall set the date of such election for the date of the presidential pref erence primary of 1976. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks im mediately preceding the date thereof in the official organ of each such county.

The ballot shall have written or printed thereon the words:

"( ) YES Shall the provisions of the Act authorizing the governing body of the county or municipalities located therein to permit the sale of alcoholic beverages, distilled spirits, malt beverages and
( ) NO wines for consumption on the premises at any time from 11:55 p.m. on Saturdays until 2:55 a.m. on Sundays be approved?"

All persons desiring to vote for approval of Section 1 of the Act shall vote "Yes" and those persons desiring to vote for rejection of Sec tion 1 of the Act shall vote "No". If more than one-half of the votes cast on such question are for approval of Section 1 of the Act, it shall become of full force and effect in such county and in all municipalities located within such county, otherwise it shall be void and of no force and effect in such county or in all municipalities located within such county.

The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

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.

WEDNESDAY, MARCH 12, 1975

1769

Senator McDowell of the 2nd moved that the Senate agree to the House substitute to SB 238 by Senate substitute.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the sub stitute of the House to SB 238 was agreed to by Senate substitute.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 770. By Representatives Irvin of the 23rd, Karrh of the 106th, Sams of the 90th and others:
Senate Sponsor: Senator Turner of the 8th.
A bill to amend Code Chapter 67-7, relating to the manner of fore closure of mortgages on personalty so as to delete a provision relative to attaching a copy of a waiver to a petition.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Eldridge Fincher Poster Garrard

Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Shapard Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Voting in the negative was Senator Dean of 6th.

Those not voting were Senators:

Broun of 46th Doss Duncan Gillis

Holley Holloway Kennedy Riley

Russell Starr Young

1770

JOURNAL OP THE SENATE,

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 876. By Representative Egan of the 25th:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend an Act known as the "Georgia Securities Act of 1973", approved April 18, 1973, so as to redefine certain terms; to authorize the Commissioner to impose fees to cover the costs of giving examina tions.

The Senate Committee on Banking, Finance and Insurance offered the follow ing amendment:
Amend HB 876 by striking Section 27 and inserting in lieu thereof a new Section 27 to read as follows:
"Section 27. Section 9 of the Act is amended as follows:
(a) Paragraph (2) of subsection (i) of Section 9 of the Act is amended by striking the present Paragraph (2) and replacing it with a new paragraph to read as follows:
'(2) In connection with an employee stock purchase plan as defined in Section 423 of the Internal Revenue Code of 1954, as now or hereafter amended, or a stock bonus plan, pension plan, profit sharing plan or retirement plan for employees or self-employed individuals qualified under Section 401 of the Internal Revenue Code of 1954, as now or hereafter amended or individual retirement accounts qualified under Section 408 of the Internal Revenue Code of 1954 as now or hereafter amended; provided, however, the issuance of any such security representing an interest in a collec tive investment fund shall be exempt only if such security is issued pursuant to a plan established and administered by a bank organ ized under the laws of the United States or any bank or trust com pany organized and supervised under the laws of any State of the United States or sponsored by any investment company registered under the Investment Company Act of 1940, as now or hereafter amended, or sponsored by any insurance company licensed to do business in this State.'
(b) Paragraph (3) of subsection 9(i) of the Act is deleted.
(c) Paragraphs (4) and (5) of subsection 9(i) are renumbered as Paragraphs (3) and (4), respectively."

On the adoption of the amendment, the yeas were 34, nays 0, and the com mittee amendment was adopted.

WEDNESDAY, MARCH 12, 1975

1771

The 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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Eldridge Fincher Foster

Garrard Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill

Pearce Reynolds Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren

Those not voting were Senators:

Broun of 46th Dean of 6th Doss Duncan Gillis

Holley Holloway Kennedy Overby Riley

Russell Starr Timmons Young

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 881. By Representatives Lambert of the 112th, Wood of the 9th, Carlisle of the 71st and others:
Senate Sponsor: Senators Russell of the 10th and Hudgins of the 15th.
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951", as amended, so as to grant the Governor the emergency power to provide welfare benefits to the citizens 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:

1772

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 31st Duncan Eldridge Fincher Foster Garrard

Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren

Those not voting were Senators:

Bond Broun of 46th Dean of 6th Doss Gillis

Holley Holloway Kennedy Riley

Russell Starr Timmons Young

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Reynolds of the 48th moved that the following bill of the House be postponed until Thursday, March 13:

HB 709. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
A bill to amend the Motor Vehicle Franchise Practices Act, approved February 28, 1974, so as to change certain provisions relative to the granting of additional franchises to motor vehicle dealers.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 709 was postponed until March 13.

HB 882. By Representatives Lambert of the 112th, Wood of the 9th and Carlisle of the 71st:
Senate Sponsors: Senators Russell of the 10th and Hudgins of the 15th.
A bill to amend an Act known as the "Georgia Civil Defense Act of 1951" so as to authorize each political subdivision of this State to

WEDNESDAY, MARCH 12, 1975

1773

acquire sites for installation of temporary housing units for victims of disasters; to authorize political subdivisions of this State to acquire temporary housing units and to prepare or equip sites to utilize said housing units; 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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Duncan Eldridge Foster Garrard

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins Hudson Kidd . Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger Warren

Those not voting were Senators:

Broun of 46th Dean of 6th Doss Fincher

Gillis Holloway Kennedy Riley

Russell Starr Timmons Young

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 342. By Senators Howard of the 42nd and Langford of the 51st:
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 change certain provisions applicable to the confiscation of com mercial fishing boats.

1774

JOURNAL OF THE SENATE,

Senator McDowell of the 2nd offered the following substitute to SB 342:

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, so as to repeal the provisions which require that the owner of a commercial fishing boat must file with the Commissioner a forfeiture bond in the amount of five thousand dollars ($5,000.00) ; to repeal other provisions relative thereto; to renumber a certain subsection; 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 completely and exhaustively revising, supserseding and consolidating the laws of this State relative to game and fish, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, is hereby amended by striking subsection (i) of Section 94 in its entirety, which subsection (i) reads as follows:

"(i) Upon application for a commercial fishing boat license under the provisions of Section 34 of this Act, the owner of such boat, if said boat is to be used for shrimping or crabbing with powerdrawn nets, must file with the Commissioner a forfeiture bond in the form prescribed by the Board of Natural Resources executed by a bonding, surety or insurance company licensed to do business in this State in the favor of the State in the amount of five thousand dollars ($5,000.00), conditioned upon the faithful compliance of the provisions of this Section or of Section 94A of this Act. The term of the bond shall be for one year and shall correspond to the period of the license. When such a bond has been filed, the provision of subsection (d) of this Section shall not apply to the boat covered by the bond. The Commissioner shall have the right to recover on the bond for the breach of its conditions whenever said boat is used in violation of the two aforesaid Sections of this Act, either with or without the knowledge, consent or acquiescence of the owner of said boat as follows:

(1) first violation -- $500.00;
(2) second violation within a two-year period of time of any prior violation -- $1,000.00;
(3) third violation within a two-year period of time of any prior violation -- $5,000.00;
(4) all subsequent violations within a two-year period of time of any prior violation -- $5,000.00.

Every breach or violation after the effective date of this Act shall carry over to all succeeding bonds filed under this provision.

WEDNESDAY, MARCH 12, 1975

1775

The aggregate liability shall not exceed the amount of the bond, however, in the event that the total amount of any bond is forfeited, the commercial fishing boat license shall be suspended until a new bond is filed covering the remainder of the period of the license and any commercial use of the boat shall be unlawful and the owner shall be guilty of a misdemeanor. Nothing in this subsection shall be construed so as to alter or affect the seizure and condemnation of any boat under the provisions of subsection (d) of this Section not covered by the bond provided for in this subsection."

Section 2. Said Act is further amended by renumbering subsection (j) of Section 94 as subsection (i).

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 President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Fincher Hudson

Kidd McDowell

Russell Button

Those voting in the negative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Duncan Eldridge

Foster Garrard Hamilton of 26th Hamilton of 34th Hill Holley Howard Langford Lester Lewis McDuffie McGill Overby

Reynolds Robinson Shapard Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Broun of 46th Dean of 6th Doss Gillis

Holloway Hudgins Kennedy Pearce

Riley Starr Young

On the adoption of the substitute, the yeas were 6, nays 39, and the substitute was lost.

1776

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

Senator McDowell of the 2nd moved that SB 342 be committed to the Com mittee on Natural Resources and Environmental Quality.

The President ruled that the motion offered by Senator McDowell of the 2nd to commit SB 342 to the Committee on Natural Resources and Environmental Quality was out of order since the Senate had previously adopted the report of the
Committee.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Duncan Eldridge Fincher

Foster Garrard Hamilton of 26th Hamilton of 34th Hill Howard Hudson Kidd Langford Lester Lewis McDuffie McGill Overby

Reynolds Robinson Russell Shapard Stephens Stumbaugh Summers Tate Thompson Timmons Traylor Turner Tysinger Warren

Those voting in the negative were Senators:

Holley

McDowell

Sutton

Those not voting were Senators:

Broun of 46th Dean of 6th Doss Gillis

Holloway Hudgins Kennedy Pearce

Riley Starr Young

On the passage of the bill, the yeas were 42, nays 3.

The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 12, 1975

1777

Senator Howard of the 42nd moved that SB 342 be immediately transmitted to the House.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 342 was immediatley transmitted to the House.

SB 353. By Senator Howard of the 42nd:
A bill to provide for the regulation of off-road vehicles; to provide a short title; to provide for declaration of policy; to provide for defini tions; to provide for exemptions; to provide for operating restrictions.

Senator Howard of the 42nd offered the following amendment:
Amend SB 353 by striking the words "the driver," on Page 2, line 23 ;
And by adding on Page 2, line 10, after the word "machinery" the following: "farm tractors";
And by adding on Page 2, line 12, after the word "products" the following: "for clearing land for planting, for utility service and main tenance".

On the adoption of the amendment, the yeas were 35, nays 0, and the amend ment was adopted.

Senator Howard of the 42nd offered the following amendment:
Amend SB 353 by adding in Section 3 after the word and comma "vehicle," (Page 2, line 10), the following:
"any vehicles used exclusively on airports,".

On the adoption of the amendment, the yeas 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 Banks

Barker Barnes

Bell Bond

1778

JOURNAL OF THE SENATE,

Brantley Carter Coverdell Dean of 31st Duncan Eldridge Fincher Foster Garrard Hamilton of 34th Hill Holley

Howard Hudson Kidd Langford Lester Lewis McDuffie McGill Overby Reynolds Robinson Russell

Shapard Stephens Stumbaugh Summers Sutton Thompson Timmons Traylor Turner Tysinger Warren

Those voting in the negative were Senators:

Brown of 47th

Hamilton of 26th

McDowell

Those not voting were Senators:

Broun of 46th Dean of 6th Doss Gillis

Hollo way Hudgins Kennedy Pearce

Riley Starr Tate Young

On the passage of the bill, the yeas were 41, nays 3.

The bill, having received the requisite constitutional majority, was passed as amended.

The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor George Busbee, in a communication to the Senate on February 27, which is included in the Journal of February 27.

Senator Eldridge of the 7th 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 appointments unless any Senator designated any appointee be deleted from the list and voted on individually.

The consent was granted.

WEDNESDAY, MARCH 12, 1975

1779

The appointments were as follows:

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334

February 27, 1975

Honorable Zell Miller Lieutenant Governor and President of the Senate and Members of the Senate State Capitol Atlanta, Georgia 30334

Dear Lt. Gov. Miller and Members of the Senate:

I submit to you, as provided by law, the following appointments for confirmation:

Honorable Nickolas P. Chilivis of Clarke County as State Revenue Commissioner for a term beginning January 14, 1975, and serving at the pleasure of the Governor.

Honorable Billy Maddox Jones of Worth County as Adjutant Gen eral of Georgia for a term beginning January 14, 1975, and serving at the pleasure of the Governor for a term concurrent with the term of the Governor.

Honorable Holden C. West of Bibb County as Assistant Adjutant General for Army for a term beginning January 14, 1975, and serving at the pleasure of the Governor.

Honorable Billy J. Clack of Gwinnett County as Deputy Director of Civil Defense for the State of Georgia, for a term beginning January 14, 1975, and serving at the pleasure of the Governor.

Honorable James T. Mclntyre, Jr. of Fulton County as Director of the Office of Planning and Budget for a term beginning January 14, 1975, and serving at the pleasure of the Governor.

Honorable Jimmy E. Bloodworth of Bibb County as a member of the Board of Public Safety, for a term beginning January 28, 1975, and ending January 20, 1978.
Honorable Bill Davis of Morgan County as a member of the Georgia Forest Research Council for a term beginning February 27, 1975, and ending January 1, 1984.
Honorable Duress Fitzpatrick of Twiggs County as a member of the Georgia Forest Research Council for a term beginning February 27, 1975, and ending January 1, 1984.

1780

JOURNAL OF THE SENATE,

Honorable Eley C. Frazer of Dougherty County as a member of the Georgia Forestry Commission for a term beginning February 27, 1975, and ending January 1, 1982.

Honorable J. Wimbric Walker of Telfair County as a member of the Board of Natural Resources for a term beginning February 27, 1975, and ending January 1, 1982.

Honorable Lloyd L. Summer, Jr. of Floyd County as a member of the Board of Natural Resources for a term beginning February 27, 1975, and ending January 1, 1982.

Honorable Ralph NeSmith of Chatham County as a member of the Georgia Real Estate Commission for a term beginning February 27, 1975, and ending as provided by law.

Mrs. Patsy G. Cooper of Muscogee County as a member of the Georgia Real Estate Commission for a term beginning February 27, 1975, and ending as provided by law.

Dr. Virginia L. Jones of Fulton County as a member of the State Board for the Certification of Librarians for a term of office beginning February 27, 1975, and ending January 1, 1980.

Dr. William K. Boardman of Clarke County as a member of the State Board of Examiners of Psychologists for a term beginning Feb ruary 27, 1975, and ending January 7, 1980.
Honorable Charles T. Oxford of Dougherty County as a member of the Board of Regents of the University System of Georgia for a term beginning February 27, 1975, and ending January 1, 1982.
Honorable Elridge W. McMillan of Fulton County as a member of the Board of Regents of the University System of Georgia for a term beginning February 27, 1975, and ending January 1, 1982.
Honorable Hugh Blanton of Lowndes County as a member of the State Board of Registration for Dealers in Used Motor Vehicle Parts for a term beginning February 27, 1975, and ending January 1, 1979.
Sincerely, /s/ George Busbee

WEDNESDAY, MARCH 12, 1975

1781

The Committee on Higher Education submitted the following reports:

THE STATE SENATE Atlanta, Georgia 30334

March 6, 1975

Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334

Dear Mr. McWhorter:

The Senate Committee on Higher Education met on March 6, 1975, to consider the Governor's appointees to the Board of Regents.
The Senate Committee on Higher Education voted unanimously to recommend the confirmation of Mr. Elridge W. McMillan of Pulton County as a member of the Board of Regents for a term beginning March 12, 1975, and ending January 1, 1982.
Sincerely yours,
/s/ Sam W. Doss, Jr. Chairman Higher Education Committee

THE STATE SENATE Atlanta, Georgia 30334
March 6, 1975
Honorable Hamilton McWhorter, Jr. Secretary of Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Committee on Higher Education met on March 6, 1975, to con sider the Governor's appointees to the Board of Regents.
The Senate Committee on Higher Education voted unanimously to recommend the confirmation of Mr. Charles T. Oxford of Albany as a member of the Board of Regents for a term beginning March 12, 1975, and ending January 1, 1982.
Sincerely yours,
/s/ Sam W. Doss, Jr. Chairman Higher Education Committee

1782

JOURNAL OF THE SENATE,

The President stated that one roll call would be taken on all appointments listed in the hereinabove mentioned communication from His Excellency, Gover nor Busbee.

The President ordered a roll call on all appointments, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard
Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Gillis
Hamilton of 26th Hamilton of 34th Hill Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby Pearce

Reynolds
Riley Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators Dean of the 6th and McDowell of the 2nd.

On the confirmation of the appointees, the yeas were 54, nays 0, and all of the appointments were confirmed.

Senator Young of the 13th, Chairman of the Enrolling and Journals Sub committee, submitted the following report:
Mr. President:
Your Subcommittee on Enrolling and Journals has read and examined the following bill and resolution of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor.
SB 131.
SR 25.
Respectfully submitted
/s/ Martin Young Young of the 13th, Chairman

WEDNESDAY, MARCH 12, 1975

1783

?

|

The following bill of the House was read the first time and referred to a

|j

committee :

HB 150. By Representatives Lambert of the 112th, Cole and Poster of the 6th and others:
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act," so as to authorize counties and certain municipalities to levy a local sales and use tax under certain conditions. Referred to Committee on Banking, Finance and Insurance.

Senator Riley of the 1st 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 at 3 :51 o'clock P.M.

1784
| |

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia

.

Thursday, March 13, 1975

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 Barnes of the 33rd moved that the Senate reconsider its action of March 12 in defeating the following bill of the Senate:

SB 355. By Senator Barnes of the 33rd:

A bill to amend Code Section 84-1411, relating to qualifications for

a real estate broker's or salesman's license, as amended, so as to prohibit

the Georgia Real Estate Commission from adopting certain requirements

concerning the maximum number of hours per day for in-class instruc-

>

tion for approval of a course of study.

;

I

;

On the motion, the yeas were 22, nays 8; the motion prevailed, and SB 355

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 561. By Representative Edwards of the 110th:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Marion Counity and providing in lieu thereof an annual salary so as to change the compensation of the sheriff.

HB 562. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the Office of Tax Receiver and Tax Collector in the County of Marion into the Office of Tax Commissioner of Marion County so as to change the compensation of the tax com missioner.

THURSDAY, MARCH 13, 1975

1785

HB 835. By Representatives Davis of the 56th, Marcus of the 26th and Adams of the 36th:
A bill to amend Code Section 34-603, relating to appointment of county registrars so as to change the minimum population of counties in which the registrar is appointed by the governing authority of the county.

HB 900. By Representative Connell of the 87th:
A bill to amend an Act creating the charter of the City of Augusta, approved Jan. 31, 1798, so as to provide for additional investments in which pension funds of the City of Augusta may be invested.

HB 901. By Representative Connell of the 87th:
A bill to amend an Act creating the Augusta Ports Authority so as to provide for additional members of the Authority.

HB 902. By Representative Connell of the 87th:
A bill to amend an Act creating the County Board of Tax Assessors of Richmond County so as to provide that the Board of Tax Assessors shall furnish the city with the values of all property owned by the 31st day of March of each year.

HB 1003. By Representative Matthews of the 145th:
A bill to provide for a new Charter for the City of Funston, Ga., in the County of Colquitt.

HB 1054. By Representative Knight of the 67th:
A bill to amend an Act entitled "An Act to Incorporate the Town of Turin, in the County of Coweta", so as to change the terms of office of the Mayor and Aldermen; to delete the exemption of land used exclusive ly for agricultural purposes from ad valorem taxation.

HB 1086, By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th:
A bill to amend an Act placing certain county officers upon an annual salary approved Mar. 28, 1961, so as to change certain of the provisions thereof pertaining to employees of the sheriff's office in such counties.

HB 1091. By Representative Culpepper of the 98th:
A bill to amend an Act placing the Sheriff of Peach County upon an annual salary in lieu of the fee system of compensation so as to change the provisions relating to arbitration concerning budget disputes.

1786

JOURNAL OF THE SENATE,

HB 1113. By Representative Phillips of the 91st:
A bill to amend an Act placing the coroner of Harris County upon a monthly salary so as to change the salary of the coroner.

HB 1114. By Representative Phillips of the 91st:
A bill to provide for the election of members of the Board of Education of Harris County'; to provide that the Board of Education of Harris County shall consist of five members; to provide for education districts.

HB 1115. By Representative Phillips of the 91st:
A bill to amend an Act creating a Small Claims Court of Harris County so as to change the jurisdictional amount of the said court.

HB 1116. By Representative Phillips of the 91st:
A bill to amend an Act creating and incorporating the City of Shiloh so as to change the terms of office of the mayor and councilmen; to change the date of elections of the mayor and councilmen.

HB 1119. By Representatives Miles of the 86th, Beckham of the 89th, Calhoun of the 88th and others:
A bill to provide that in certain counties no company providing water or sewerage services may increase their rates for such services without the approval of the governing authority of the county in which such services are provided.

HB 1121. By Representatives Sams of the 90th, Beckham of the 89th, Dent of the 85th and others:
A bill to provide that in all counties of this State having a population of not less than 145,000 nor more than 165,000 wherein the sale of alcoholic beverages, distilled spirits, malt beverages or wines is lawfully au thorized, such sales for consumption on the premises shall be authorized during certain hours.

HB 1122. By Representatives Wall of the 61st and Russell of the 64th:
A bill to amend an Act incorporating the Town of Carl, so as to change the terms of office of the mayor and councilmen; to set the maximum salary of the mayor and councilmen; to fix the maximum ad valorem tax millage rate; to fix the maximum fee which may be charged for business licenses.

HB 1125. By Representative Castleberry of the lllth:
A bill to amend an Act creating a new charter for the Town of Lumpkin so as to eliminate the prohibitions against the use of funds of the City

THURSDAY, MARCH 13, 1975

1787

of Lumpkin to provide water and sewage service, natural gas, paving, or drainage to certain areas of the city.

HB 1126. By Representative Jessup of the 117th:
A bill to amend an Act creating the office of tax commissioner of Bleckley County so as to change the compensation of the clerks of the tax commissioner.

HB 1127. By Representative Jessup of the 117th:
A bill to amend an Act fixing the salaries of certain county officers of Bleckley County so as to change the compensation of the clerk of the Judge of the Probate Court.

HB 1128. By Representative Jessup of the 117th:
A bill to amend an Act creating the office of commissioner of Bleckley County so as to change the compensation of the clerical assistant to the commissioner.

HB 1129. By Representative Jessup of the 117th:
A bill to amend an Act placing the sheriff of Bleckley County upon an annual salary so as to change the compensation of the deputy sheriff.

HB 1130. By Representative Jessup of the 117th:
A bill to amend an Act placing the clerk of the superior court of Bleckley County upon an annual salary so as to change the compensa tion of the clerical assistant to the clerk.

HB 1131. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the sheriff of Towns County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff; to provide for the employment of personnel.

HB 1132. By Representatives Twiggs and Colwell of the 4th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Towns County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1133. By Representatives Twiggs and Colwell of the 4th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Towns County known as the fee system; to provide in lieu thereof an annual salary.

1788

JOURNAL OF THE SENATE,

HB 1134. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County so as to change the provisions relative to the powers and duties of the Board of Commissioners of Fannin County.

HB 1135. By Representatives Colwell and Twiggs of the 4th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Gilmer County, known as the fee system; to provide in lieu thereof an annual salary.

HB 1136. By Representatives Johnson and Harris of the 8th:
A bill to amend an Act creating a Charter for the Town of Waleska so as to provide for a Recorder's Court; to provide for the jurisdiction of said court.

HB 1139. By Representative McDonald of the 12th:
A bill to amend an Act incorporating the City of Commerce so as to require certain appointees to be qualified electors of the City.

HB 884. By Representatives Lambert of the 112th, Buck of the 95th and Carlisle of the 71st:
A bill to amend an Act creating the Commission on the Status of Women, approved March 18, 1966, so as to reduce the maximum number of mem bers; to provide for the appointment of an executive committee; to provide for the payment of a per diem for members.

HB 1082. By Representative Leonard of the 3rd:
A bill to reincorporate the City of Tunnel Hill in the County of Whitfield; to create a new charter for said city.

SB 307. By Senator McGill of the 24th:
A bill to recreate the Board of Commissioners of Wilkes County; to pro vide for commissioner districts; to provide for election of a chairman and term of office; to provide for election of members and terms of office; to require bonds and oaths; to provide for the filling of vacancies.

HB 619. By Representatives Hatcher of the 131st, Greer and Horton of the 43rd and others:
A bill to provide for the creation of condominium interests in this State; to provide a short title ("Georgia Condominium Act"); to provide for separate titles and taxation.

THURSDAY, MARCH 13, 1975

1789

HB 282. By Representatives Snow and Hays of the 1st, Taggart of the 125th and others:
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".

HB 247. By Representatives Edwards of the 110th, Harris of the 8th, Vaughn of the 67th and others :
A bill to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, so as to increase to twelve cents per mile the rate at which the State reimburses expenses incurred by employees of the State or any agency thereof.

HB 191. By Representatives Burton of the 47th, Chance of the 129th, Jones of the 126th and others:
A bill to amend Code Chapter 56-31, relating to group and blanket in surance so as to provide that whenever any group or blanket accident or sickness or accident and sickness insurance policy or contract or certificate provides for reimbursement for any service which is within the lawful scope of practice for an applied psychologist, any person covered by such policy or contract shall be entitled to reimbursement.

SB 6. By Senators Thompson of the 32nd, Carter of the 14th and Starr of the 44th:
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.

SB 127. By Senator Langford of the 51st:
A bill to amend Code Section 79A-402, relating to qualifications of ap plicants for registration as pharmacists, as amended, so as to change the qualifications of applicants for registration as pharmacists; to pro vide an effective date.
The House has adopted by the requisite constitutional majority the following resolutions of the House, to-wit:
HR 271. By Representative Knight of the 67th:
A resolution proposing an amendment to the Constitution so as to au thorize the abolition of justice courts and the office of the justice of the peace and of notary public ex-officio justice of the peace in Coweta County; to provide for the establishment in lieu thereof a small claims court.

1790

JOURNAL OF THE SENATE,

HR 200. By Representatives Colwell and Twiggs of the 4th, Hays of the 1st and others:
A resolution proposing an amendment to the Constitution so as to delete therefrom the provisions pertaining to the Board of Corrections and sub stituting in lieu thereof a Board of Offender Rehabilitation.

HR 146. By Representatives Parham of the 109th and Baugh of the 108th:
A resolution authorizing the conveyance of certain real property located in Baldwin County; to repeal a Resolution authorizing the conveyance of certain real property located in Baldwin County.
HR 113. By Representative Greer of the 43rd:
A resolution authorizing and empowering the State Properties Commis sion to act for and on behalf of and in the name of the State of Ga. with respect to certain transactions involving State-owned real property located in Atlanta, Ga., along the Western and Atlantic Railroad within an area bounded generally by the following streets, on the Southeast by Central Ave., on the Northeast by Decatur St. and Marietta St., on the Northwest by Simpson St., on the West by Elliott St., and on the Southwest by Hunter St.

The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 250. By Senator Reynolds of the 48th: A bill to amend an Act known as the Georgia Code of Public Transporta tion, as amended, so as to provide that the Department of Transporta tion may contract to allow rapid transit authorities created by the General Assembly to plan, design and construct certain portions of the State Highway System.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 53. By Representative Lane of the 40th: A bill to create a State Boxing Commission.

HB 854. By Representatives Miles of the 86th, Sams of the 90th, Calhoun of the 88th and others:
A bill to abolish the office of County Treasurer in any county with a population of not more than 165,000 and not less than 150,000 and to provide the procedure whereby the County Treasurer shall be eligible to become County Treasurer Emeritus.

THURSDAY, MARCH 13, 1975

1791

HB 914. By Representatives Kreeger of the 21st, Howard and Cooper of the 19th and others:
A bill to amend an Act amending, revising, consolidating and supersed ing the several Acts incorporating the Town of Austell and reincorporating said town as a city, approved Aug. 17, 1929, so as to change the corporate limits of said city.

The House has adopted the following resolution of the House to-wit:

HR 348. By Representatives White of the 132nd, Hatcher of the 131st, Buck of the 95th and others:
A resolution urging development of a comprehensive emergency health care system.

The House has adopted the report of the Committee of Conference on the following bill of the Senate, to-wit:

SB 111. By Senator Holloway of the 12th:
A bill to amend Code Section 47-107, relating to the salary and allow ances of members of the General Assembly, as amended, so as to pro vide for compensation of the Administration Floor Leader and Assistant Floor Leaders of the Senate and Administration Floor Leader and As sistant Administration Floor Leaders of the House of Representatives.

The House has passed by the requisite constitutional majority the following bill of the House, to-wit:

HB 1017. By Representatives Howard of the 19th, Harrison of the 20th, Milford of the 13th and others:
A bill to provide a schedule of minimum salaries for the tax collectors and tax commissioners of the various counties within the State of Ga. who receive an annual salary for their services as such in lieu of the fee system of compensation.

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 389. By Representative Knight of the 67th:
A bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corpo rations so as to provide the circumstances under which said Act shall become effective.

1792

JOURNAL OF THE SENATE,

The Speaker has appointed on the part of the House the following members thereof:

Representatives Knight of the 67th, Pinkston of the 100th and Karrh of the 106th.

The following resolutions of the Senate were introduced, read the first time and referred to committees:

SR 158. By Senators Russell of the 10th, McGill of the 24th, Sutton of the 9th and others:
A resolution urging the appropriation of additional funds for the Farm ers Home Administration. Referred to Committee on Agriculture.
SR 159. By Senators Lewis of the 21st, Kennedy of the 4th and McDuffie of the 19th:
A resolution directing the Senate Committee on Human Resources to make certain studies relative to programs of welfare and public assis tance. Referred to Committee on Human Resources.
SR 163. By Senator Summers of the 53rd:
A resolution proposing an amendment to the Constitution, so as to pro vide for a certain disposition of fees, costs and fines received or col lected by the Tax Commissioner of Chattooga County from the Board of Education of Chattooga County; to provide for submission of this amendment for ratification or rejection. 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 561. By Representative Edwards of the 110th:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Marion County and providing in lieu thereof an annual salary so as to change the compensation of the sheriff. Referred to Committee on County and Urban Affairs.
HB 562. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the Office of Tax Receiver and Tax Collector in the County of Marion into the Office of Tax Commis sioner of Marion County so as to change the compensation of the tax commissioner. Referred to Committee on County and Urban Affairs.

THURSDAY, MARCH 13, 1975

1793

HB 835. By Representatives Davis of the 56th, Marcus of the 26th and Adams of the 36th:
A bill to amend Code Section 34-603, relating to appointment of county registrars so as to change the minimum population of counties in which the registrar is appointed by the governing authority of the county. Referred to Committee on County and Urban Affairs.

HB 900. By Representative Connell of the 87th:
A bill to amend an Act creating the charter of the City of Augusta, approved Jan. 31, 1798, so as to provide for additional investments in which pension funds of the City of Augusta may be invested. Referred to Committee on County and Urban Affairs.

HB 901. By Representative Connell of the 87st:
A bill to amend an Act creating the Augusta Ports Authority, approved March 10, 1959, so as to provide for additional members of the Authority. Referred to Committee on County and Urban Affairs.

HB 902. By Representative Connell of the 87th:
A bill to amend an Act creating the County Board of Tax Assessors of Richmond County so as to provide that the Board of Tax Assessors shall furnish the city with the values of all property owned by the 31st day of March of each year. Referred to Committee on County and Urban Affairs.

HB 1003. By Representative Matthews of the 145th:
A bill to provide a new Charter for the City of Funston, Georgia, in the County of Colquitt. Referred to Committee on County and Urban Affairs.

HB 1054. By Representative Knight of the 67th:
A bill to amend an Act entitled "An Act to Incorporate the Town of Turin, in the County of Coweta" so as to change the terms of office of the Mayor and Aldermen; to delete the exemption of land used exclu sively for agricultural purposes from ad valorem taxation. Referred to Committee on County and Urban Affairs.

HB 1082. By Mr. Leonard of the 3rd:
A bill to reincorporate the City of Tunnell Hill in the County of Whitfield; to create a new charter for said city. Referred to Committee on County and Urban Affairs.

1794

JOURNAL OF THE SENATE,

i

HB 1086. By Representatives Miles of the 86th, Connell of the 87th and Dent

|

of the 85th:

\|

A bill to amend an Act placing certain county officers upon an annual

salary approved Mar. 28, 1961, so as to change certain of the provisions

thereof pertaining to employees of the sheriff's office in such counties.

Referred to Committee on County and Urban Affairs.

HB 1091. By Representative Culpepper of the 98th:
A bill to amend an Act placing the Sheriff of Peach County upon an annual salary in lieu of the fee system of compensation so as to change the provisions relating to arbitration concerning budget disputes. Referred to Committee on County and Urban Affairs.

HB 1113. By Representative Phillips of the 91st:
A bill to amend an Act placing the Coroner of Harris County upon a monthly salary so as to change the salary of the coroner. Referred to Committee on County and Urban Affairs.

HB 1114. By Representative Phillips of the 91st:
A bill to provide for the election of members of the Board of Education of Harris County; to provide that the Board of Education of Harris County shall consist of five members; to provide for education districts. Referred to Committee on County and Urban Affairs.

HB 1115. By Representative Phillips of the 91st:
A bill to amend an Act creating a Small Claims Court in Harris County so as to change the jurisdictional amount of the said court. Referred to Committee on County and Urban Affairs.
HB 1116. By Representative Phillips of the 91st:
A bill to amend an Act creating and incorporating the City of Shiloh so as to change the terms of office of the mayor and councilmen; to change the date for elections of the mayor and councilmen. Referred to Committee on County and Urban Affairs.

HB 1119. By Representatives Miles of the 86th, Beckham of the 89th, Calhoun of the 88th and others:
A bill to provide that in certain counties no company providing water or sewerage services may increase their rates for such services without the approval of the governing authority of the county in which such services are provided. Referred to Committee on County and Urban Affairs.

THURSDAY, MARCH 13, 1975

1795

HB 1121. By Representatives Sams of the 90th, Beckham of the 89th, Dent of the 85th and others:
A bill to provide that in all counties of this State having a population of not less than 145,000 nor more than 165,000 wherein the sale of alcoholic beverages, distilled spirits, malt beverages or wines is lawfully author ized, such sales for consumption on the premises shall be authorized during certain hours.
Referred to Committee on County and Urban Affairs.

HB 1122. By Representatives Wall of the 61st and Russell of the 64th:
A bill to amend an Act incorporating the Town of Carl, so as to change the terms of office of the mayor and councilmen; to set the maximum salary of the mayor and councilmen; to fix the maximum ad valorem tax millage rate; to fix the maximum fee which may be charged for business licenses.
Referred to Committee on County and Urban Affairs.

HB 1125. By Representative Castleberry of the lllth:
A bill to amend an Act creating a new charter for the Town of Lumpkin so as to eliminate the prohibitions against the use of funds of the City of Lumpkin to provide water and sewage service, natural gas, paving, or drainage to certain areas of the city. Referred to Committee on County and Urban Affairs.

HB 1126. By Representative Jessup of the 117th:
A bill to amend an Act creating the office of tax commissioner of Bleckley County so as to change the compensation of the clerks of the tax commissioner. Referred to Committee on County and Urban Affairs.

HB 1127. By Representative Jessup of the 117th:
A bill to amend an Act fixing the salaries of certain county officers of Bleckley County so as to change the compensation of the clerk of the Judge of the Probate Court. Referred to Committee on County and Urban Affairs.

HB 1128. By Representative Jessup of the 117th:
A bill to amend an Act creating the office of commissioner of Bleckley County so as to change the compensation of the clerical assistant to the commissioner. Referred to Committee on County and Urban Affairs.

HB 1129. By Representative Jessup of the 117th:
A bill to amend an Act placing the sheriff of Bleckley County upon an annual salary so as to change the compensation of the deputy sheriff. Referred to Committee on County and Urban Affairs.

1796

JOURNAL OF THE SENATE,

|

HB 1130. By Representative Jessup of the 117th:

|

A bill to amend an Act placing the clerk of the superior court of Bleckley

County upon an annual salary so as to change the compensation of the

clerical assistant to the clerk.

Referred to Committee on County and Urban Affairs.

HB 1131. By Representatives Twiggs and Colwell of the 4th:
A bill to amend an Act placing the sheriff of Towns County on an an nual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff; to provide for the employment of per sonnel. Referred to Committee on County and Urban Affairs.

HB 1132. By Representatives Twiggs and Colwell of the 4th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Towns County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on County and Urban Affairs.
;.'<

|

HB 1133. By Representatives Twiggs and Colwell of the 4th:

A bill to abolish the present mode of compensating the Judge of the Probate Court of Towns County known as the fee system; to provide in lieu thereof an annual salary.
Referred to Committee on County and Urban Affairs.

HB 1134. By Representatives Colwell and Twiggs of the 4th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County so as to change the provisions relative to the powers and duties of the Board of Commissioners of Fannin County. Referred to Committee on County and Urban Affairs.

HB 1135. By Representatives Colwell and Twiggs of the 4th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Gilmer County, known as the fee system; to provide in lieu thereof an annual salary. Referred to Committee on County and Urban Affairs.

HB 1136. By Representatives Johnson and Harris of the 8th:
A bill to amend an Act creating a Charter for the Town of Waleska so as to provide for a Recorder's Court; to provide for the jurisdiction of said court. Referred to Committee on County and Urban Affairs.

'4

THURSDAY, MARCH 13, 1975

1797

|

HB 1139. By Representative McDonald of the 12th:

$

|

A bill to amend an Act incorporating the City of Commerce so as to

require certain appointees to be qualified electors of the City.

Referred to Committee on County and Urban Affairs.

:

HB 191. By Messrs. Burton of the 47th, Chance of the 129th, Jones of the 126th

and others:

A bill to amend Code Chapter 56-31, relating to group and blanket insurance so as to provide that whenever any group or blanket accident or sickness or accident and sickness insurance policy or contract or certificate provides for reimbursement for any service which is within the lawful scope of practice for an applied psychologist, any person covered by such policy or contract shall be entitled to reimbursement.
Referred to Committee on Human Resources.

HB 247. By Messrs. Edwards of the 110th, Harris of the 8th, Vaughn of the 57th and others:
A bill to amend an Act authorizing the Dept. of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, so as to increase to twelve cents per mile the rate at which the State reimburses expenses incurred by em ployees of the State or any agency thereof.
Referred to Committee on Appropriations.

HB 282. By Messrs. Snow and Hays of the 1st, Taggart of the 125th and others:
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". Referred to Committee on Retirement.

HB 619. By Representatives Hatcher of the 131st, Greer and Horton of the 43rd and others:
A bill to provide for the creation of condominium interests in this State; to provide for a short title ("Georgia Condominium Act"); to provide for separate titles and taxation. Referred to Committee on Judiciary.

HB 884. By Representatives Lambert of the 112th, Buck of the 95th and Carlisle of the 71st:
A bill to amend an Act creating the Commission on the Status of Women, so as to reduce the maximum number of members; to provide for the payment of a per diem for members. Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

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JOURNAL OF THE SENATE,

HB 1017. By Representatives Howard of the 19th, Harrison of the 20th, Milford of the 13th and others:
A bill to provide a schedule of minimum salaries for the tax collectors and tax commissioners of the various counties within the State of Georgia who receive an annual salary for their services as such in lieu of the fee system of compensation. Referred to Committee on County and Urban Affairs.

HR 113. By Mr. Greer of the 43rd:
A resolution authorizing and empowering the State Properties Commis sion to act for and on behalf of and in the name of the State of Ga. with respect to certain transactions involving State-owned real property located in Atlanta, Ga., along the Western and Atlantic Railroad within an area bounded generally by the following streets, on the southeast by Central Ave., on the northeast by Decatur St. and Marietta St., on the northwest by Simpson St., on the west by Elliott St., and on the south west by Hunter St.
Referred to Committee on Public Utilities.

HR 146. By Representatives Parham of the 109th and Baugh of the 108th:
A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia; to repeal a resolution authorizing the con veyance of certain real property located in Baldwin County. Referred to Committee on Public Utilities.

HR 200. By Representatives Colwell and Twiggs of the 4th, Hays of the 1st and others:
A resolution proposing an amendment to the Constitution so as to delete therefrom the provisions pertaining to the Board of Corrections and substituting in lieu thereof a Board of Offender Rehabilitation. Referred to Committee on Offender Rehabilitation.

HR 271. By Representative Knight of the 67th:
A resolution proposing an amendment to the Constitution so as to authorize the abolition of justice courts and the office of the justice of the peace and of notary public ex-officio justice of the peace in Coweta County; to provide for the establishment in lieu thereof of a small claims court. Referred to Committee on County and Urban Affairs.

HR 348. By Representatives White of the 132nd, Hatcher of the 131st, Burruss of the 21st and others:
A resolution urging development of a comprehensive emergency health care system. Referred to Committee on Human Resources.

THURSDAY, MARCH 13, 1975

1799

The following reports of standing committees were read by the Secretary:

Senator Holley of the 22nd District, Chairman of the Committee on Banking, Finance and Insurance, submitted the following report:
Mr. President:
Your Committee on Banking, Finance and Insurance has had under considera tion 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 227. Do pass.
SR 59. Do pass as amended.
SR 60. Do pass as amended.
HB 820. Do pass.
Respectfully submitted, Holley of 22nd 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 bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 494. Do pass.
HB 580. Do pass by substitute.
Respectfully submitted, Kidd of 25th District, Chairman.

Senator Carter of the 14th District, Chairman of the Committee on Education, submitted the following report:
Mr. President:
Your Committee on Education has had under consideration the following bill

1800

JOURNAL OF THE SENATE,

of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 374. Do pass by substitute.
Respectfully submitted, Carter of 14th District, Chairman.

Senator Fincher of the 54th District, Chairman of the Committee on Human Resources, submitted the following report:
Mr. President:
Your Committee on Human Resources 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 370. Do pass. SB 372. Do pass. HB 203. Do pass. SB 388. Do pass as amended.
Respectfully submitted, Fincher of 54th District, Chairman.

Senator Overby of the 49th 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 House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 325. Do pass by substitute. HB 288. Do pass. HB 289. Do pass. HB 292. Do pass as amended. HB 586. Do pass. HB 647. Do pass. HR 77. Do pass by substitute.
Respectfully submitted, Overby of 49th District, Chairman.

THURSDAY, MARCH 13, 1975

IgOl

Senator Ballard of the 45th District, Chairman of the Committee on Industry, Labor and Tourism, submitted the following report:

Mr. President:

Your Committee on Industry, Labor and Tourism 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 825. Do pass.
HB 971. Do pass as amended.
HB 990. Do pass.

Respectfully submitted, Ballard of 45th District, Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities has had under consideration the follow ing bill and resolutions of the House and Senate and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:
SB 395. Do pass. SR 148. Do pass. SR 151. Do pass. SR 157. Do pass by substitute. HR 150. Do pass. HR 206. Do pass. HR 245. Do pass.
Respectfully submitted, Brown of 47th District, Chairman.

Senator Eldridge of the 7th District, Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolu-

1802

JOURNAL OF THE SENATE,

tion of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SR 160. Do pass.

Respectfully submitted, Eldridge of 7th District, Chairman.

The following bills of the Senate and House were read the second time:

SB 370. By Senators Fincher of the 54th, Kidd of the 25th and Garrard of the 37th:
A bill to amend Code Section 38-1710 relating to the admissibility of expert testimony, so as to provide conditions for the admissibility of expert testimony by physicians on medical questions in certain cases.

SB 372. By Senators Fincher of the 54th, Kidd of the 25th and Garrard of the 37th:
A bill to amend Code Chapter 88-29, the "Georgia Medical Consent Law", as amended, so as to provide that said Chapter shall not apply insofar as it may conflict with the provisions of certain existing laws; to change the definition of "emergency"; to prohibit recovery against physicians under certain circumstances.

SB 374. By Senators Stephens of the 36th, Hudson of the 35th and Garrard of the 37th:
A bill to provide that in all municipalities of this State having a popula tion of 400,000 or more, according to the U. S. Decennial Census of 1970 or any future such census, each school bus driver, who is employed by an individual or private corporation and who through such individual or corporation transports students to public schools within such a munici pality, shall be in good physical and mental health and of good moral character.

SB 388. By Senator Fincher of the 54th:
A bill to create the Quality of Life Council for Children and Youth; to provide for the composition, appointment, terms of office, and officers of the Council; to provide for rules and procedures; to provide for meet ings; to provide that the council shall serve in an advisory capacity; to provide for the duties of the council in its advisory capacity.

HB 203. By Reps. Parham of the 109th, Baugh of the 108th, Mann of the 13th and Twiggs of the 4th:
A bill to amend Code Title 79A, relating to pharmacists, pharmacy and drugs, so as to change definitions relating to persons authorized to prescribe drugs.

THURSDAY, MARCH 13, 1975

1803

HB 494. By Representatives Miles of the 86th, Connell of the 87th, Hutchinson of the 133rd and Beckham of the 89th:
A bill to amend an Act designating certain public and legal holidays so as to provide that whenever the observance of a public and legal holiday shall fall upon a Saturday, the Friday immediately preceding such Saturday shall be observed as a public and legal holiday.

HB 580. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Georgia Residential Finance Agency Act", so as to change the membership of the Authority; to pro vide for a minimum percentage of each bond issue to be placed in the capital reserve fund.
HB 825. By Representatives Lambert of the 112th and Vaughn of the 57th:
A bill to amend the Executive Reorganization Act of 1972 so as to pro vide for a Bureau of Industry and Trade within the Department of Community Development.
HB 971. By Representatives Burruss of the 21st, Waddle of the 113th, Kreeger of the 21st and others:
A bill comprehensively to revise and codify the laws of this State regulat ing the practice of professional engineering and the practice of land surveying; to amend Code Title 84, relating to professions and trades, so as to codify the laws relating to professional engineering and land surveying as Code Chapter 84-21.
HB 990. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend an Act creating the Department of Commerce so as to provide for the membership of the Board of Commissioners of the Department of Community Development by April 1, 1979.

SB 227. By Senator Stephens of the 36th:
A bill to amend an Act providing for the classification of motor ve hicles as a separate and distinct class of tangible property for ad valorem taxation purposes and providing for a different rate, method of assessment and manner of collecting ad valorem taxes due thereon, approved Mar. 16, 1966 (Ga. Laws 1966, p. 517), as amended.
SR 59. By Senator Stephens of the 36th:
A resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of each independent school dis trict who is 62 years of age or over and who has an adjusted gross in come including the adjusted gross income of certain members of the family, not exceeding $6,000 per annum, may be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such systems.

1804

JOURNAL OP THE SENATE,

|

SR 60. By Senator Stephens of the 36th:

i?

-;

A resolution proposing an amendment to the Constitution so as to pro

vide that the homestead of each resident of each county school district

who is 62 years of age or over and who has an adjusted gross income,

including the adjusted gross income of certain members of the family,

not exceeding $6,000 per annum, may be granted an exemption from all

;

ad valorem taxation for educational purposes.

HB 820. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:

A bill to amend an Act known as the "Insurance Premium Finance

Company Act" so as to change the amount of the annual license fee;

;

to provide for additional requirements for licenses; to provide for bonds

or licenses.

SB 325. By Senator Garrard of the 37th:
A bill to require bond from certain agents, collection agents and certain others who receive or handle monies for payment to third parties; to prevent fraud or misappropriation of funds by certain agents.

SB 395. By Senators Brown of the 47th and Holloway of the 12th:
A bill to amend an Act creating the Municipal Electric Authority of Georgia (House Bill 31 of the 1975 Georgia General Assembly), so as to provide that the Authority shall be an instrumentality of the State; to provide an effective date.

SR 148. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia.

SR 151. By Senator Lewis of the 21st:
A resolution authorizing the conveyance of certain real property located in Jenkins County, Georgia.

SR 157. By Senator Russell of the 10th:
A resolution authorizing the lease of certain real property located in Grady County, Georgia.

HB 288. By Representatives Evans of the 99th, Pinkston of the 100th, Banks of the 104th and others:
A bill to amend Code Section 59-108, relating to jury boxes, so as to provide for the creation of plans for the selection of persons to serve as

THURSDAY, MARCH 13, 1975

1805

jurors by mechanical or electronic means; to provide for rules of the superior courts.

HB 289. By Representatives Evans of the 99th, Pinkston of the 100th, Banks of the 104th an others:
A bill to amend Code Section 59-101, relating to the appointment, num ber, qualifications, terms and removal of jury commissioners, so as to provide that members of the board of jury commissioners shall be ap pointed by the senior judge of the superior court.

HB 292. By Representatives Howard of the 19th and Karrh of the 106th: A bill to amend an Act to provide minimum salaries for the county sheriffs of the State of Georgia to be paid from county funds so as to change the amount of such minimum salaries.
HB 586. By Representatives Sams of the 90th, Beckham of the 89th and Snow of the 1st: A bill to amend an Act pertaining to the administration of taxing laws and particularly compromise settlements of suits so as to provide for the release of property subject to a State tax lien in certain circum stances.
HB 647. By Representatives Sams of the 90th, Snow of the 1st, Irvin of the 23rd and others: A bill to amend Code Section 26-1802, relating to theft by taking, so as to specify the criminal intent element of the offense of shoplifting.
HR 77. By Representative Adams of the 14th: A resolution proposing an amendment to the Constitution so as to pro vide for a program of indemnification with respect to the death of any law enforcement officer killed in the line of duty.
HR 150. By Representative Harris of the 8th: A resolution authorizing the disposal of a tract of State-owned property.
HR 206. By Representative Harris of the 8th: A resolution authorizing the conveyance of a certain tract of Stateowned property.
HR 245. By Representatives Twiggs and Colwell of the 4th: A resolution authorizing the conveyance of a certain State-owned ease ment for highway purposes.

1806

JOURNAL OF THE SENATE,

The following resolutions of the Senate were read and adopted:

SR 164. By Senator Foster of the 50th: A resolution commending Mr. H. M. Stewart, Sr.

SR 165. By Senators Foster of the 50th and Overby of the 49th: A resolution commending Bernice Brown McCullar.

SR 166. By Senators Lewis of the 21st, Kidd of the 25th, Banks of the 17th and others:
A resolution commending Honorable Canter Brown, Jr.

The following local bills and resolution of the Senate and House, favorably reported by the committee, were read the third time and put upon their passage:

SB 330. By Senator Brantley of the 56th:
A bill to amend an Act reincorporating the City of Atlanta, as amended, 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 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 357. By Senator Warren of the 43rd:
A bill to provide that in all counties of this State having a population of not less than 400,000 nor more than 500,000 persons, according to the United States Decennial Census or any future such census, it shall be lawful to erect signs bearing the word "SOLD" on certain residential property.

The report 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.

THURSDAY, MARCH 13, 1975

1807

i

SB 369. By Senators Riley of the 1st and McDowell of the 2nd:

1|;

A bill to fix the compensation of the judges of the Probate Courts in all

If

counties of this State having a population of not less than 185,000

nor more than 190,000 according to the United States Decennial Census

of 1970, or any future such census; to provide for the procedure con

nected therewith; 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.

SB 379. By Senator Shapard of the 28th:

:

A bill to amend an Act creating a Board of Commissioners for the coun-

ties of Spalding and Butts, as amended, so as to provide for administra

tive personnel and clerical assistance for the Board of Commissioners of

;

Spalding County.

I

"j

The report 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 381. By Senators Barnes of the 33rd and Thompson of the 32nd:

A bill to amend an Act providing for a new charter for the City of

Marietta, Georgia, as amended, so as to extend the corporate limits of

'i

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.

$ SB 382. By Senator Traylor of the 3rd:

:;

A bill to amend an Act creating the Board of Commissioners of Bryan

'&

County, as amended, so as to change the provisions relating to the

1808

JOURNAL OF THE SENATE,

election of members of the board; to provide for the election of the chairman and vice chairman; to provide for other matters relative there to; to provide for a referendum.

The report 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 299. By Messrs. Davis, Tolbert and Ray of the 56th and others:
A bill to amend Code Chapter 32-9, relating to county boards of educa tion, so as to provide for certain qualifications of members of the county boards of education of certain counties (population 400,000 -- 500,000).

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.

HB 863. By Representative Connell of the 87th:
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; to define their powers and duties; and for other purposes.", so as to authorize the board to regulate and control access points and utility excavations on county roads.

The report 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 976. By Representatives Carlisle and Mostiler of the 71st:
A bill to amend an Act creating a new charter for the Town of Brooks so as to change the terms of office of the mayor and councilmen; to provide for the numbering of Posts on the council.

THURSDAY, MARCH 13, 1975

1809

p

The report of the committee, which was favorable to the passage of the bill,

si; 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 991. By Representatives 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 fees so as to change the provisions relative to the com pensation and expense allowance 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 999, By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:

..

A bill to create the Perry Redevelopment 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 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1010. By Representative Battle of the 124th:
A bill to provide for the compensation of the tax commissioner of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the U. S. Decennial Census of 1970 or any future such census; 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.

1810

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 1011. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend an Act which provides for the election and terms of members of the Board of Education for the City of Valdosta, so as to change certain provisions relative to the election and terms of said 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 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1013. By Representative Cox of the 141st: A bill to provide for the appointment of the members of the Hospital Authority of Decatur 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.
HB 1016. By Representatives Milford, Mann and Clark of the 13th: A bill to amend an Act abolishing the fee system of compensating the Sheriff of Franklin County and providing in lieu thereof an annual salary so as to change the provisions relating to 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 46, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1020. By Representative Tucker of the 73rd: A bill to create a new Charter for the City of Hampton, Georgia, in the county of Henry.

THURSDAY, MARCH 13, 1975

1811

The report 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 1021. By Representative Tucker of the 73rd:
A bill to amend an Act requiring the Board of Education and the School Superintendent of Henry County to publish a monthly financial state ment of receipts and disbursements and the annual itemized report of the examination by the State Department of Audits of the Henry County Board of Education.

The report 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 1022. By Representative Tucker of the 73rd:
A bill to amend an Act placing the sheriff, the clerk of the superior court and the judge of the probate court of Henry County on an annual salary in lieu of the fee system of compensation so as to provide that the salary of the chief deputy of the sheriff shall be fixed by the gover ning authority 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 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 242. By Rep. Peters of the 2nd:
A resolution recognizing the City of Fort Oglethorpe as an urban incorporated municipality.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

1812

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1023. By Representative Tucker of the 73rd:
A bill to amend an Act known as the "Henry County Development Au thority Act" so as to change the method of appointing the members of the Authority; to provide for the appointment of the members of the Authority by the 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 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 387. 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", as amended, so as to further define the powers of the Authority; to provide the Authority power to enter into contracts with consolidated governments.

The report 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 390. By Senator McDuffie of the 19th: A bill to authorize and direct the Election Superintendent of Dodge County to hold an election on the question of establishing an elective Board of Education of Dodge 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.

THURSDAY, MARCH 13, 1975

1813

SB 384. By Senator Kidd of the 25th:
A bill to amend an Act creating a new Charter for the City of Gordon, Georgia, as amended, so as to change the provisions relating to the election of the mayor and aldermen and their terms of office.

The Committee on County and Urban Affairs offered the following amend-, ment:
Amend SB 384 by striking on Page 3, line 2, the figure "1975", and inserting in lieu thereof the figure "1977".

On the adoption of the amendment, the yeas 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 yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 530. By Representative Knight of the 67th:
A bill to provide for a board of elections in certain counties (population, 32,300 -- 32,500).

The Committee on County and Urban Affairs offered the following substi tute to HB 530:
A BILL
To be entitled an Act to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elec tions; to provide 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 assistants and other employees; to provide for compensation of such persons and the members of the Board; to relieve the judges of the probate courts and registrars of such coun ties from certain responsibilities; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created in each county of this State hav ing a population of not less than 32,300 and not more than 32,500 according to the 1970 United States Decennial Census, or any future

1814

JOURNAL OF THE SENATE,

such census, a board of elections which shall have jurisdiction over the conduct of primaries and elections in such counties.

Section 2. The board of elections in such counties shall be com posed of five members, each of whom shall be an elector and resident of the county, and who shall be appointed by the senior judge of the superior court of such counties upon the recommendation of the grand jury of such counties. The initial members of said board shall be recom mended to the senior judge by the last regularly scheduled grand jury convening in such county preceding the date on which such member is to take office. Two of such members appointed pursuant to the provisions of this Section shall serve for a term of one year, two members for a term of two years, and another member for a term of three years. Thereafter, successors to the initial members shall serve for terms of office of four years. The members of the board of elections shall elect a chairman from the membership of the board of elections.

Section 3. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such mem ber qualifying as a candidate for elective public office; provided, that at no time shall there be less than one member on the board who repre sents the county executive committee of the two political parties whose candidate for Governor in the immediately preceding gubernatorial elec tion received the highest or second highest number of votes cast for Governor.
Section 4. The recommendations to the senior judge for member ship on the board shall be made as a part of the presentments returned by the grand jury making said recommendations. Said presentment shall state the name and residential address of the persons recommended. Not more than three names shall be recommended to the senior judge for each seat on the board. The clerk of the superior court shall certify the name of appointed members to the Secretary of State and provide for the issuance of appropriate commissions to the members, within the same time and in the same manner as provided by law for registrars.

Section 5. Each member of the board shall be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the senior judge of the superior court, the county governing authority, and to the clerk of the superior court of such counties and shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.

Section 6. In the event a vacancy occurs in the office of any mem ber prior to the expiration of his term, by removal, death, resignation, or otherwise, such vacancy shall be filled in the same manner as other appointments, based upon the recommendations submitted by the grand jury, for the immediately preceding appointment to the board for which recommendations were submitted. The clerk of the superior court shall certify such interim appointments in the same manner as the regular appointment of members.

THURSDAY, MARCH 13, 1975

1815

Section 7. The first members of the board under this Act shall take office on June 1, 1975. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

Section 8. Each board of elections shall:
(a) With regard to the preparation for conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Title 34 of the Georgia Code of 1933, as now or hereinafter amended, and particularly by an Act entitled "The Georgia Election Code", approved June 24, 1964, as amended, and any other provisions of law.

(b) With regard to preparation for and conduct of primaries:

(1) Succeed to all the duties and powers granted to and incum bent upon the judge of the probate court by Title 34 of the Georgia Code of 1933, as now or hereafter amended, and particularly by an Act entitled "The Georgia Election Code", approved June 24, 1964, as amended, and any other provision of law.

(2) Formulate, adopt and promulgate rules and regulations, consistent with law and the rules and regulations of the state executive committee of each political party, governing the conduct of primaries, to the end that insofar as practicable, all primaries shall be uniformly conducted by the county board of elections, poll workers properly trained and voters adequately informed and in structed. Any rule or regulation promulgated by a county executive committee under the provisions of Code Section 34-902(c), as amended, with regard to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board of elections.

(3) Nothing in this Act shall be construed to require or pro hibit the governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law.

(c) With regard to registration of electors, succeed to and exercise all of the duties and powers granted to and incumbent on the chief registrar and the county registrars of such counties pursuant to Title 34 of the Georgia Code of 1933, as now or hereafter amended, and particularly by an Act entitled "The Georgia Election Code", approved June 24, 1964, as amended, and any other provision of law.

Section 9. The board shall be responsible for the selection, appoint ment and training of poll workers in primaries and elections, and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party.

Section 10. With the consent of the governing authority, the board of elections shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets and other

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JOURNAL OF THE SENATE,

material designed to adequately inform and instruct electors of the county with regard to elections.

Section 11. The judge of the probate court and the county board of registrars are hereby relieved from all powers and duties to which the board of elections succeed by the provisions of this Act and shall deliver thereafter to the chairman of the board, upon his written re quest, the custody of all equipment, supplies, materials, books, paper, records and facilities of every kind pertaining to such powers and duties. However, the judge of the probate court shall swear in all persons elected to public office as done prior to the effective date of this Act.

Section 12. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction.

Section 13. Compensation for the chairman and other members of the board of elections, clerical assistants and other employees shall be such as may be fixed by the county governing authority. Such compensa tion shall be paid from county funds.

Section 14. The governing authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate.

Section 15. The words "election", "elector", "political party", "pri mary", "public office", "special election", and "special primary" shall have the same meaning ascribed to those words by Code Section 34-103 of the Code of Georgia of 1933, as amended, unless otherwise clearly apparent from the text of this Act.

Section 16. 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 17. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 46, 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 yeas were 46, nays 0.

THURSDAY, MARCH 13, 1975

1817

The bill, having received the requisite constitutional majority was passed by substitute.

HB 924. By Representatives Davis, Tolbert and Ray of the 56th and others:
A bill to authorize DeKalb County to require the repairing, closing or demolition of certain dwellings or structures intended for human habita tion or occupation which are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of said county.

The Committee on County and Urban Affairs offered the following amend ment to HB 924:
Amend HB 924 by renumbering Section 8 as Section 9.
And, by inserting following Section 7 a new Section 8 to read as follows:
"Section 8. This Act shall apply only to those portions of DeKalb County which shall be located outside the corporate limits of any municipality and the governing authority of DeKalb County shall exercise the powers herein conferred only in such unincorporat ed areas."

On the adoption of the amendment, the yeas 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 yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 993. By Representative Leonard of the 3rd:
A bill to create a charter for the City of Fort Mountain, Ga.; to provide for definitions; to provide for corporate limits.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 993 by adding in the title after the semicolon following the word "foregoing" on line 6 of Page 2, the following:
"to provide for a referendum;".

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By adding following Section 5.04 a new Section to be designated Section 5.05, to read as follows:

"Section 5.05. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it other wise becomes law, it shall be the duty of the election superintendent of Murray County to issue the call for an election for the purpose of submitting this Act to the electors of Murray County residing in the area within the proposed corporate limits of the City of Fort Mountain for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent 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 Murray County. The ballot shall have writ ten or printed thereon the words:

"( ) YES Shall the Act incorporating and creating a charter ( ) NO for the City of Fort Mountain be approved?"

All persons desiring to vote for approval 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 Murray County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State."

By renumbering Section 5.05 as 5.06.

On the adoption of the amendment, the yeas 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 yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 998. By Representatives Johnson and Thomason of the 8th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees so as to change the provisions relative

THURSDAY, MARCH 13, 1975

1819

to the compensation of the deputies and clerical assistants of said officers.

The Committee on County and Urban Affairs offered the following substitute toHB998:
A BILL
To be entitled an Act to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees, approved March 9, 1959 (Ga. Laws 1959, p. 2494), as amended, so as to change the pro visions relative to the compensation of the deputies and clerical assistants of said officers; to provide for additional deputies and assistants; to provide an effective date; to provide for all matters relative to the fore going; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees, approved March 9, 1959 (Ga. Laws 1959, p. 2494), as amended, is hereby amended by striking in its entirety subsection (a) of Section 2, and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) The Sheriff of Cherokee County shall be compensated in the amount of $14,500.00 per annum, to be paid in equal monthly installments from the funds of Cherokee County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the sheriff, provided that the sheriff shall still be entitled to receive seizure fees. The sheriff shall appoint twelve (12) deputies, one who shall be compensated in the amount of $645.00 per month and eleven who shall be compensated in the amount of $560.00 each per month, all to be paid from the funds of Cherokee County; provided, however, that to the extent federal funds are available, such compensation shall be paid from such federal funds. Each deputy shall also receive the uniform allowance provided in subsection (e). The annual salary for each deputy pro vided for herein shall be increased by $300.00 for each year of satisfactory service completed by each such deputy effective January 1, 1976, up to a maximum annual salary of $10,000.00 for any such deputy."
Section 2. Said Act is further amended by striking subsection (c) of Section 2 in its entirety and substituting in lieu thereof a new subsec tion (c) of Section 2 to read as follows:
"(c) The sheriff shall be authorized to appoint one office clerk who shall be compensated in equal monthly installments from the funds of Cherokee County in accordance with the following salary schedule: for a new employee the beginning salary shall be

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$4,200.00 per annum and the salary of any such clerk shall be in creased by $300.00 per annum for each year of satisfactory service completed up to a maximum salary of $7,200.00 per annum. The sheriff shall also be authorized to employ three jailers at a salary not to exceed $4,800.00 per annum payable in equal monthly install ments from the funds of Cherokee County or from available federal funds."

Section 3. Said Act is further amended by striking subsection (b) of Section 3 in its entirety and substituting in lieu thereof a new subsec tion (b) to read as follows:

"(b) The clerk shall be authorized to employ two deputy clerks and four clerical assistants. The two deputy clerks shall each be compensated in the amount of $8,000.00 per annum, payable in equal monthly installments from the funds of Cherokee County. Two clerical assistants shall be compensated in the amount of $6,000.00 per annum, payable in equal monthly installments from the funds of Cherokee County, and two clerical assistants shall be compen sated in the amount of $4,200.00 per annum, payable in equal month ly installments from the funds of Cherokee County. The compensa tion provided above for the deputy clerks and the clerical assistants shall be increased by $300.00 per annum for each year of service completed after April 1, 1975, figured at the end of each such year of service. Such annual increases shall be payable in equal monthly installments from the funds of Cherokee County. Provided, how ever, that the total compensation payable to a deputy clerk or clerical assistant under the provisions of this Section shall not exceed a maximum of $10,000.00 per annum."

Section 4. Said Act is further amended by striking subsection (b) of Section 5 in its entirety and substituting in lieu thereof a new subsec tion (b) to read as follows:

"(b) The tax commissioner shall be authorized to employ five full-time assistants who shall be compensated in equal monthly in stallments from the funds of Cherokee County or from federal funds available in accordance with the same salary schedule pro vided for the office clerk of the sheriff in subsection (c) of Section 2 of this Act."

Section 5. 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 yeas were 46, nays, 0 and the substitute was adopted.

THURSDAY, MARCH 13, 1975

1821

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 yeas were 46, nays 0.

The bill, having received the requisite constitutional majority was passed by substitute.

HB 1036. By Representative Tucker of the 73rd:
A bill to amend an Act incorporating the City of Stockbridge so as to change the corporate limits; to change the municipal general election date; to provide for a referendum.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1036 by striking from line 2 of Page 2 the word "East" as it appears after the word "due", and substituting in lieu thereof the word "West".
And, by striking from line 8 of Page 2 the figure "675", and substituting in lieu thereof "6775".

On the adoption of the amendment, the yeas 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 yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following statement was filed with the Secretary of the Senate:
Mr. President:
The Appropriations Continuation Committee, selected to study HB 170 and composed of the following Senators:
Broun of the 46th, Holloway of the 12th, Gillis of the 20th, Doss of the 52nd, Kennedy of the 4th, Riley of the 1st and Starr of the 44th met today from 9:45 a.m. and continued their deliberations until 6:00 o'clock p.m.

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JOURNAL OF THE SENATE,

The President ordered the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Bond Brantley Carter Coverdell Dean of 31st Duncan Eldridge Fincher Foster

Garrard Hamilton of 26th Hamilton of 34th Holley Howard Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Robinson Russell Shapard Stumbaugh Summers Button Tate Thompson Timmons Turner Tysinger Warren Young

Those not answering were Senators:

Broun of 46th Brown of 47th Dean of 6th Doss Gillis

Hill Holloway Hudgins Kennedy Reynolds

Riley Starr Stephens Traylor

Senator Hudson of the 35th introduced as Chaplain, The Reverend W. W. Weatherspool, pastor, Mount Olive Baptist Church, Atlanta, Georgia who offered scripture reading and prayer.
SENATE RULES CALENDAR
Thursday, March 13, 1975
HB 709. Motor Vehicle Dealers -- additional franchise (AM) SB 63. Agrirama Development Authority -- members Employees' Retirement
System (AM) SB 343. County Tax Overpayment -- limitations on claims for refunds SB 380. "Development Authorities Law" -- amend SB 389. Law Enforcement Officers -- specify certain basic rights SR 144. Lee and Dougherty County -- conveyance of property SR 145. Cotton Farmers -- require government help SR 146. Veterans -- academic requirements HB 15. Teachers' Retirement -- retirement benefits (AM) HB 20. Motor Vehicle -- unlawful to alter suspension system HB 32. Municipal Elections -- change poll time

THURSDAY, MARCH 13, 1975

1823

HB 115. Teachers' Retirement -- credit service under another retirement system HB 218. Tax Fi Fas -- maximum rates of interest HB 236. Federal-State Shipping Service -- members Retirement System HB 263. Safety Officer -- Board of Education designate HB 335. Sheriffs' Retirement Fund Commissioners -- be bonded HB 579. Coastal Islands -- State Department furnish water transportation HB 614. Municipal Primary and Elections -- procedure for holding HB 669. Attorney General -- power to investigate State affairs (SUB) HB 687. Absentee Ballot -- required in municipal primary and election HB 833. Industrial Loan Act -- probation and penalties by commissioner HB 860. Committing of Child to Department of Corrections -- provisions (AM) HB 893. Commissioner of Transportation -- serve as State Highway Engineer HR 100. Motor Vehicle License Fees -- uncollected check balances

Respectfully submitted,
/a/ Frank Eldridge of the 7th, Chairman Senate Rules Committee

Senator Reynolds of the 48th moved that the following bill of the House, postponed on March 12 until March 13, be postponed until 11:30 o'clock A.M.:

HB 709. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
A bill to amend the Motor Vehicle Franchise Practices Act, approved February 28, 1974, so as to change certain provisions relative to the granting of additional franchises to motor vehicle dealers.

On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 709 was postponed until 11:30 o'clock A.M.

The following general bills of the Senate, favorably reported by the Com mittees, were read the third time and put upon their passage:

SB 63. By Senator Sutton of the 9th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138) as amended, so as to authorize all eligible employees of the Georgia Agrirama Development Authority to become members of the- Employees' Retirement 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 3033'4

MEMORANDUM

TO:

The Honorable James L. Lester, Chairman

Senate Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

DATE:

January 21, 1975

SUBJECT: Fiscal Note -- Senate Bill 63

This amendment to the Employees' Retirement System would allow all eligible employees of the Georgia Agrirama Development Authority to become members of the Employees' Retirement System. This amend ment provides that there shall be paid from the funds appropriated for the operation of the Authority, all contributions required by this Act.

There are approximately 13 employees under this Authority and the approximate employee contribution required under the Retirement Sys tem would amount to $5,401. The estimated employer contribution would amount to $9,172. or a total of $14,573 for the employee and employer contribution to the Employees' Retirement System. In addition to this amount the employee would be covered by Social Security and it is estimated that the employee cost of this benefit would be $5,433 and a similar employer contribution would be in addition.

It is, therefore, estimated that the total cost to the State per year would amount to $25,439. Based on current employees.

This amendment would not affect the actuarial soundness of the Employees' Retirement System.

No State Appropriations are recommended for this Authority in F.Y. 1976. Funding for the bill would have to come from other sources.

/s/ James T. Mclntyre State Planning & Budget Officer

/s/ Ernest B. Davis State Auditor

THURSDAY, MARCH 13, 1975

1825

EMPLOYEES' RETIREMENT SYSTEM

January 24, 1975

MEMORANDUM

TO:

The Honorable James L. Lester, Chairman

Senate Retirement Committee

FROM:

Abe Domain, Director Employees' Retirement System

SUBJECT: Fiscal Note -- Senate Bill 63

This amendment would authorize approximately 13 employees of the Georgia Agrirama Development Authority to become members of the Employees' Retirement System and requires the Authority to pay the employee and employer contributions which would be required, not only for Retirement System membership, but for Social Security cover age as well.

Our analysis indicates that the required employee contributions for Retirement System purposes amount to approximately $5,401.00 and the employer contributions would amount to approximately $9,172.00 for total annual contributions of $14,573'.00 for Retirement System pur poses. The approximate Social Security contribution would amount to $5,433.00 on the part of the employee and employer for a total Social Security cost of $10,866.00 for a total cost to the State per year for Retirement and Social Security of approximately $25,439.00.

In summary, the Retirement System would be securing required contributions, and, therefore, the actuarial soundness of the System would not be effected. However, the bill itself would present a cost to the State of the aforementioned amount of $25,435.00.

One other area for the Committee to concern itself with is the fact that passage of this bill would perhaps set a precedent for other agencies who would desire to bring their employees under the Retirement System with the State paying all of the contributions required by the Act.

EMPLOYEES' RETIREMENT SYSTEM

March 12, 1975

MEMORANDUM

TO:

The Honorable James L. Lester, Chairman

Senate Retirement Committee

FROM:

Abe Domain, Director Employees' Retirement System

SUBJECT: Fiscal Note--Amendment to Senate Bill 63

This amendment changes the original bill to require the employee to pay his portion of retirement and Social Security contributions.

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JOURNAL OF THE SENATE,

In the original fiscal note dated January 24, 1975, we indicated that the cost to the State would amount to $25,439. However, by requiring the employee to pay his portion of the contributions for retirement and Social Security, the total cost to the State would reduce to $14,605.

As stated in the January 24, 1975 fiscal note, the actuarial sound ness of the System would not be affected based on the funding provisions in the bill.

l&l Abe Domain Director

The Committee on Retirement offered the following amendment:
Amend SB 63 by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. This Act shall become effective when funds are appropriated or otherwise are available to carry out the purposes and provisions of this Act."

On the adoption of the amendment, the yeas were 34, nays 0, and the com mittee amendment was adopted.

The Committee on Retirement offered the following amendment:
Amend SB 63 by striking on Page 1, lines 20 through 27, the fol lowing :
"All such employees are hereby authorized to become and be members of the Employees' Retirement System of Georgia as estab lished by this Act. There shall be paid from the funds appropriated for the operation of the Georgia Agrirama Development Authority all contributions required by this Act; and all such payments shall be in addition to the regular compensation allowed to said em ployees.",
and
By inserting in lieu thereof the following:
"All such employees are hereby authorized to become and be members of Division 'A' of the Employees' Retirement System of Georgia as established by this Act. All employer contributions re quired by this Act shall be paid from the funds appropriated for the operation of the Georgia Agrirama Development Authority. All employee contributions required by this Act shall be paid by the employee."

THURSDAY, MARCH 13, 1975

1827

On the adoption of the amendment, the yeas were 33, 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, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter 'Coverdell Dean of 31st Duncan Eldridge Fincher Foster

Garrard Hamilton of 26th Hamilton of 34th Hill Holley Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Young

Voting in the negative was Senator Tysinger.

Those not voting were Senators:

Broun of 46th Dean of 6th Doss Gillis

Holloway Howard Hudgins Kennedy

Riley Starr Warren

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 343. By Senator Lewis of the 21st:
A bill to amend Code Section 23-1602 relating to when claims against counties must be presented, as amended, so as to change certain limita tions with regard to claims for refund of county taxes due to over payment; 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 Banks Barker Barnes Bell Bond Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge Fincher Foster

Garrard Hamilton of 26th Hamilton of 34th Hill Holley Hudson Kidd Langford Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Broun of 46th Doss Gillis

Holloway Howard Hudgins Kennedy

Lester Riley Starr

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Coverdell of the 40th introduced as Doctor of the Day, Dr. John Rhodes Haverty, Atlanta, Georgia. Dr. Michael O'Connell of Waycross, Georgia, also served as Doctor of the Day.

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 380. By Senator Holley of the 22nd:
A bill to amend an Act known as the "Development Authorities Law", approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development.

THURSDAY, MARCH 13, 1975

1829

Senator Holley of the 22nd offered the following amendment:

Amend SB 380 by striking from Section 3(i) thereof the word "may" and inserting the word "shall" in lieu thereof after the word "loans" and before the word "be" at line 20 on Page 7.

On the adoption of the amendment, the yeas 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 Banks Barker Barnes Bell Bond Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge Foster Garrard Hamilton of 26th

Hamilton of 34th Hill Holley Holloway Howard Hudgins Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Reynolds Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Broun of 46th Doss

Fincher Gillis Hudson

Kennedy Pearce Riley

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 389. By Senators Garrard of the 37th, Eldridge of the 7th, Howard of the 42nd and Bell of the 5th:
A bill to specify certain basic rights for law enforcement officers; to provide a short title; to provide definitions; to provide for the right

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JOURNAL OF THE SENATE,

of law enforcement officers to engage in political activity; to provide the conditions under which an investigation or interrogation of a law enforcement officer shall be made by a law enforcement agency.

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 Banks Barker Barnes Bell Bond Brown of 47th
Carter Coverdell Dean of 6th
Eldridge Fincher
Foster Garrard Hamilton of 26th

Hill Holley Holloway Howard Hudgins Kidd Langford
Lester Lewis McDowell McDuffie McGill Overby
Pearce Reynolds

Robinson Russell Shapard Starr Stephens Stumbaugh Summers Sutton
Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Brantley Broun of 46th Dean of 31st Doss

Duncan Gillis Hamilton of 34th Hudson

Kennedy Riley Young

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SR 144. By Senator Holloway of the 12th:
A resolution authorizing the conveyance of certain real property located in Lee and Dougherty Counties, Georgia.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

THURSDAY, MARCH 13, 1975

1831

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge Fincher Poster

Garrard Hamilton of 26th Holley Holloway Howard Hudgins Hudson Kidd Langford Lester Lewis Me Dowell McDuffie McGill Overby Robinson

Russell Shapard Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Doss Gillis

Hamilton of 34th Hill Kennedy

Pearce Reynolds Riley

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following resolution of the Senate was read and put upon its adoption:

SR 167. By Senator Eldridge of the 7th: A resolution relative to adjournment.

On the adoption of the resolution, the yeas were 40, nays 0, and SR 167 was adopted.

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:

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JOURNAL OP THE SENATE,

SR 145. By Senators Russell of the 10th, Young of the 13th, Timmons of the llth and others:
A resolution relative to the economic plight and disaster experienced by and facing the cotton-producing sectors of the farming and agricul tural industry in the State of Georgia and the United States.

Senator Shapard of the 28th offered the following amendment: Amend SR 145 by striking on Page 2, line 27, the following: "(1) use" and by striking line 28 on Page 2 in its entirety; and by striking on Page 2, line 29, the following: "energy use and to boost the use of natural fibers; (2)" and inserting in lieu thereof the following: "(1)" and by striking on Page 3, line 2, the following: "(3)" and inserting in lieu thereof "(2)".

On the adoption of the amendment, the yeas were 34, 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 Banks Barker Barnes Bell Brown of 47th Carter Coverdell Dean of 6th Dean of 31st

Duncan Eldridge Fincher Foster Garrard Hamilton of 26th Hamilton of 34th Hill Holley Holloway

Howard Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Robinson Russell Shapard Starr Stephens

THURSDAY, MARCH 13, 1975

1833

Summers Button Tate Thompson Timmons

Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Bond Brantley Broun of 46th Doss

Gillis Hudgins Kennedy

Pearce Riley Stumbaugh

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 146. By Senator Kidd of the 25th:
A resolution relative to academic requirements for veterans in the colleges of this State.

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 Banks Barker Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge Fincher Foster Hamilton of 26th

Hamilton of 34th Hill Howard Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson

Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

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JOURNAL OF THE SENATE,

Those not voting were Senators:

Barnes Bond Broun of 46th Doss

Garrard Gillis Holley Holloway

Hudgins Kennedy Riley Starr

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 15. By Representatives Buck of the 95th and Ross of the 76th:
Senate Sponsor: Senator Tate of the 39th.
A bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to retirement benefits; to provide that any member who retired with 35 or more years of creditable serv ice whose retirement benefit was reduced because of his age having been less than the normal age of retirement in effect at the time he retired shall be entitled to an adjusted retirement.

The following fiscal note, as required by law, was read by the Secretary:

TEACHERS RETIREMENT SYSTEM STATE OF GEORGIA
254 Washington Street, S. W., Phone 656-2954 Atlanta, Georgia 30334

January 16, 1975

MEMORANDUM

TO:

Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer Teachers Retirement System of Georgia

SUBJECT: House Bill 15

Section 1 of this bill provides that the retirement benefit of any member who retired with 35 or more years of creditable service with a reduced benefit because of his age having been less than the normal age of retirement in effect at the time he retired, will be entitled to receive an increased benefit calculated without the age reduction factor.

According to our study, approximately 900 retirees and 100 bene ficiaries would be affected by this bill. (The number has decreased because of deaths and benefit increases granted under our $9.00 Floor enacted in 1973.)

THURSDAY, MARCH 13, 1975

1835

We estimate that the bill could be financed by increasing the em ployer contributions rate by .045%. This would increase the State's em ployer contributions by approximately $290,000 for the Fiscal Year 1975-76.

The employer contributions rate for Fiscal Year 1975 is 8.77%. The provisions of this bill would increase the rate to 8.815% of payroll.

The Committee on Retirement offered the following amendment:
Amend HB 15 on Page 1, line 10, by inserting in the title following the word "factor", the following:
"; to provide an effective date",
and
By renumbering Section 2 as Section 3,
and
By inserting a new Section 2 to read as follows:
"Section 2. This Act shall become effective when funds are appropriated or otherwise are available to carry out the purposes and provisions of this Act."

On the adoption of the amendment, the yeas were 33, nays 0, and the com mittee amendment was adopted.

The report of the committee, which was favorable to the passager 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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell

Dean of 6th Dean of 31st Duncan Eldridge Fincher Foster Garrard Hamilton of 26th Hamilton of 34th Howard

Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

1836

JOURNAL OF THE SENATE,

Reynolds Robinson Russell Shapard Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons

Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Doss Gillis Hill

Holley Holloway Hudgins

Kennedy Riley Starr

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 20. By Representative Bray of the 70th:
Senate Sponsor: Senator Reynolds of the 48th.
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 any highway, roadway or street if the suspension system of such vehicle has been altered more than two inches above or below the fac tory recommendation for such vehicle.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Duncan Eldridge Pincher Foster

Hamilton of 26th Hamilton of 34th Hill Howard Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Russell Shapard Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

THURSDAY, MARCH 13, 1975

1837

Those voting in the negative were Senators:

Dean of 6th

Hudson

Stephens

Those not voting were Senators:

Broun of 46th Dean of 31st Doss Garrard

Gillis Holley Holloway Hudgins

Kennedy Riley Starr Warren

On the passage of the bill, the yeas were 41, nays 3.

The bill, having received the requisite constitutional majority, was passed.

HB 32. By Representative Alexander of the 38th:
Senate Sponsor: Senator Bond of the 39th.
A bill to amend Code Section 34A-1204 relating to the time for opening and closing polls in municipal primaries and elections, so as to change the time for closing the polls in certain municipalities.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Duncan Eldridge Foster Garrard

Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Stephens Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

1838

JOURNAL OF THE SENATE,

Those not voting were Senators:

Broun of 46th Dean of 31st Doss Pincher

Gillis Holley Holloway Kennedy

Riley Starr Stumbaugh Timmons

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Reynolds of the 48th assumed the Chair.

HB 115. By Representatives Buck of the 95th and Ross of the 76th:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend an Act establishing the Teachers' Retirement System so as to change the provisions relative to the establishment of creditable service for service under another retirement system.

The following fiscal note, as required by law, was read by the Secretary:

TEACHERS RETIREMENT SYSTEM State of Georgia
254 Washington Street, S. W., Phone 656-2954 Atlanta, Georgia 30334

February 28, 1975

MEMORANDUM

TO:

Senator Jimmy Lester, Chairman

Senate Retirement Committee

FROM:

Wesley H. Rucker, Executive Secretary-Treasurer

SUBJECT: House Bill 115

Section 1 of this bill would allow a board of education currently employing a teacher with service with a school system that operated a local retirement fund to pay the employer contributions and interest on the service rendered with the local retirement fund if it wished to do so. The present law permits the teacher or the system for which the service was rendered to pay the cost of teaching service rendered in a school system that operated a local retirement fund.

Section 2 of this bill would allow members of the Teachers Retire ment System to repay two withdrawals of contributions and interest made from the Employees Retirement System. The present law permits

THURSDAY, MARCH 13, 1975

1839

members to repay only one withdrawal made from the Employees Re tirement System to the Teachers Retirement System.
Section 3 would change the amount of the per diem allowance pay able to members of the Board of Trustees of the retirement system for attending meetings of the Board. The Board meets approximately six or seven times each year--regular meetings are held quarterly and, in addition to the regular meetings, two or three called meetings are held annually.
Section 4 of the bill would allow the Board of Trustees to adopt an assumed interest rate of 5%. The present Act limits the assumed interest to a maximum of 4 1/2%. By going to an assumed interest rate of 5%, the retirement system could increase the interest rate on member contri butions from 3 1/2% to 4 1/2%, and increase the benefits payable to members who select an optional plan which would provide benefits for survivors approximately 6 1/2%. The benefits payable to the survivors of members would also be increased by a like amount.
We feel that the actuarial effects of House Bill 115 on the funding of the Teachers Retirement System would be insignificant and we will not change the employer contributions rate nor ask for an additional appropriation of State funds if this bill becomes 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 Reynolds of the 48th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge Fincher Foster

Garrard Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Doss Gillis

Holley Holloway Kennedy

Reynolds (presiding) Riley Starr

1840

JOURNAL OP THE SENATE,

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 218. By Representatives Adams of the 14th and Toles of the 16th:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend Code Section 92-7601, relating to interest on executions issued for taxes, so as to provide that such executions shall bear interest at the maximum rate of interest allowed within this State.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Reynolds of the 48th, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard

Hamilton of 26th Hill Holley Howard Hudgins Hudson Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Those voting in the negative were Senators:

Barnes

Dean of 6th

Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young
Traylor

Those not voting were Senators:

Bell Broun of 46th Gillis

Hamilton of 34th Holloway Kennedy

Reynolds (presiding) Riley Starr

On the passage of the bill, the yeas were 44, nays 3.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 13, 1975

1841

Senator Tysinger of the 41st moved that the following bill of the House be postponed until 12:00 o'clock Noon:

HB 236. By Representatives Castleberry of the lllth, Buck of the 95th, Oxford of the 116th and others:
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to authorize employees of the Georgia Federal-State Shipping Point Inspection Service to become members of the Employees' Retirement System of Georgia.

On the motion, the yeas were 31, nays 0; the motion prevailed, and HB 236 was postponed until 12:00 o'clock Noon.

Senator Starr of the 44th assumed the Chair.

The following general bill of the House, favorably reported by the committee, and postponed on March 12 until March 13, was read the third time and put upon its passage:

HB 709. By Representatives Smith of the 78th, Jessup of the 117th and Coleman of the 118th:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend the Motor Vehicle Franchise Practices Act, approved February 28, 1974, so as to change certain provisions relative to the granting of additional franchises to motor vehicle dealers.

Senator Reynolds of the 48th offered the following substitute to HB 709:
A BILL
To be entitled an Act to amend the Motor Vehicle Franchise Prac tices Act, approved February 28, 1974 (Ga. Laws 1974, p. 134), so as to change certain provisions relative to the granting of additional franchises or relocating of existing franchises; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Motor Vehicle Franchise Practices Act, approved February 28, 1974 (Ga. Laws 1974, p. 134), is hereby amended by deleting in its entirety paragraph (7) of subsection (a) of Section 5 and substituting in lieu thereof the following:
"(7) For a manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division,

1842

JOURNAL OF THE SENATE,

factory representative or distributor representative to grant an additional franchise or relocate an existing franchise for a partic ular 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 repre sentation in the community or territory. The burden of proof in showing inadequate representation or noncompliance with the franchise or selling agreement shall be on the manufacturer, dis tributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative. The manufacturer, distributor, wholesaler, factory branch or division, distributor branch, wholesaler branch or division, factory representative or distributor representative shall give a minimum of 120 days' notice to the Commission of its intent to grant such an additional franchise or relocate an existing franchise. The Commission shall then conduct a hearing to determine if the additional franchise or relocation of an existing franchise should be granted pursuant to the procedures hereinafter established. If any change occurs in the ownership of present and existing dealer ships, the manufacturer must notify the Commission of these changes at least 30 days prior to the changes."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 29, 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 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 Banks Barker Barnes Bell Bond Brown of 47th
Carter
Coverdell
Dean of 6th
Eldridge
Fincher
Foster
Garrard

Hamilton of 26th Hamilton of 34th Hill Howard Hudson Kidd Langford
Lester
Lewis
McDowell
McDuffie
McGill
Overby
Pearce

Reynolds Robinson Shapard Stephens Stumbaugh Summers Sutton
Tate
Timmons
Traylor
Turner
Tysinger
Warren
Young

THURSDAY, MARCH 13, 1975

1843

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Brantley Broun of 46th Dean of 31st Doss Duncan

Gillis Holley Holloway Kennedy

Riley Russell Starr (presiding) Thompson

On the passage of the bill, the yeas were 42, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Stepehens of the 36th moved that the following resolution of the Senate be withdrawn from the Committee on Banking, Finance and Insurance and committed to the Committee on County and Urban Affairs:

SR 97. By Senator Stephens of the 36th:
A resolution proposing an amendment to the Constitution so as to change the definition of the term "income" with respect to determining the right to the $10,000.00 homestead exemption for certain disabled persons and persons 65 years of age or older of Fulton County, so that the term "income" shall mean adjusted gross income under federal laws.

On the motion, the yeas were 33, nays 0, the motion prevailed, and SR 97 was withdrawn from the Committee on Banking, Finance and Insurance and commit ted to the Committee on County and Urban Affairs.

The following general bills of the House, favorably reported by the commit tees, were read the third time and put upon their passage:

HB 263. By Representative Lane of the 40th:
Senate Sponsor: Senator Kidd of the 25th.
A bill to provide that the local law enforcement agency charged with the responsibility for law enforcement within the school district atten dance area and the board of education of each county and independent school system of this State shall study and evaluate the traffic safety requirements of the school system and the various individual schools therein.

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, 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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Eldridge Foster Hamilton of 26th

Hill Holley Howard Hudson Kidd Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson

Those not voting were Senators:

Broun of 46th Dean of 31st Doss Duncan Fincher Garrard

Gillis Hamilton of 34th Holloway Hudgins Kennedy

Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
Langford Lester Riley Russell Starr (presiding)

On the passage of the bill, the yeas were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 335. By Representative Adams of the 14th: Senate Sponsor: Senator Lester of the 23rd. A bill to amend an Act creating the Sheriff's Retirement Fund of Geor gia and providing for a retirement system for the Sheriffs of Georgia.

The following fiscal notes, as required by law, were read by the Secretary.

THURSDAY, MARCH 13, 1975

1845

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Thomas Buck, III, Chairman

House Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

DATE:

January 29, 1975

SUBJECT: Fiscal Note--House Bill 335

This Bill would amend the Sheriffs' Retirement Fund requiring each member of the Board of Commissioners to give a surety bond of not less than $10,000.

The cost of this bill would be the amount of such bond which would be payable by the Sheriffs' Retirement Fund.

l&l Ernest B. Davis, State Auditor
Isl James T. Mclntyre, State Planning & Budget Officer

SHERIFFS' RETIREMENT FUND OF GEORGIA P. 0. Box 56 - 405 N. Expressway Griffin, Georgia 30223
January 28, 1975
Honorable Tom Buck Chairman, House Retirement Committee State Capitol Atlanta, Georgia
Dear Mr. Buck:
Re: Fiscal Note House Bill No. 335
House Bill No. 335, is being introduced on recommendation of the Board of Commissioners of the Sheriffs' Retirement Fund.
The purpose of the Bill is to provide for Bonding of each of the members of the Board of Commissioners in the amount of $10,000.00. It is an effort to, in some measure, protect the individuals and their personal property from attachment which might be involved in any

1846

JOURNAL OF THE SENATE,

legal action which might at some time be brought against the Board for it's actions.

I shall be glad to appear before your Committee at any time.

Sincerely yours,
/s/ Plynt Langford, Secretary-Treasurer Board of Commissioners, Sheriffs' Retirement Fund of Georgia

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 Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 6th Eldridge Fincher Foster

Hamilton of 26th Holley Howard Hudgins Hudson Kidd Lester Lewis McDuffie McGill Overby Pearce Robinson

Those not voting were Senators:

Bond Broun of 46th Dean of 31st Doss Duncan Garrard

Gillis Hamilton of 34th Hill Holloway Kennedy Langford

Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young
McDowell Reynolds Riley Russell Starr (presiding)

On the passage of the bill, the yeas were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 579. By Representative Rainey of the 135th:
Senate Sponsor: Senator Gillis of the 20th.
A bill to amend the Natural Resources Act of 19731 so as to authorize the Department of Natural Resources to contract for or provide itself

THURSDAY, MARCH 13, 1975

1847

necessary water transportation and essential services for its employees, other State employees, their families and other permanent residents of certain coastal islands.

Senator Hudgins of the 15th moved that HB 579 be committed to the Com mittee on Natural Resources and Environmental Quality.

On the motion, 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

Hudgins

Hill

Hudson

Stephens Warren

Those voting in the negative were Senators:

Ballard Banks Barker Barnes Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge Fincher

Foster Hamilton of 26th Hamilton of 34th Howard Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Shapard Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

Those not voting were Senators:

Broun of 46th Doss Garrard Gillis

Holley Holloway Kennedy

Riley Russell Starr (presiding)

On the motion, the yeas were 6, nays 40; the motion was lost, and HB 579 was not committed to the Committee on Natural Resources and Environmental Quality.

Senator McDowell of the 2nd moved the previous question.

Senator Warren of the 43rd offered the following amendment:
Amend HB 579 by striking on Page 1, lines 5 and 20 the word "essential" and inserting in lieu thereof the word "emergency".

1848

JOURNAL OP THE SENATE,

On the adoption of the amendment, the yeas were 36, nays 2, and the amend ment was adopted.

Senator McDowell of the 2nd offered the following amendment:
Amend HB 579 by striking at line 7, the words "certain coastal islands of" and substitute the word "Sapelo Island in" at line 15, strike "the Coastal islknds" and insert "Sapelo Island"
At line 23, strike starting at word "this" thru word "exist" on line 27.

On the adoption of the amendment, the yeas were 4, nays 25, and the amend ment was lost.

Senator Dean of the 6th offered the following amendment:
Amend HB 579 by adding on Page 1, line 7 after the word "resi dents" the words:
"Or other homeowners who now own a home on the Island"
And by adding on Page 1, line 22 after the word "residents" the following:
"or other homeowners who now own a home on the Island".

On the adoption of the amendment, the yeas were 38, nays 0; and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, 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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter

Coverdell Dean of 6th Dean of 31st Duncan Eldridge Pincher Foster Hamilton of 26th Hamilton of 34th

Hill Holley Howard Hudgins Kidd Langford Lester Lewis McDowell

THURSDAY, MARCH 13, 1975

1849

McDuffie McGill Overby Pearce Reynolds Robinson

Shapard Stephens Stumbaugh Summers Tate Thompson

Timmons Traylor Turner Tysinger Warren Young

Those voting in the negative were Senators Hudson and Sutton.

Those not voting were Senators :

Broun of 46th Doss Garrard

Gillis Holloway Kennedy

Riley Russell Starr (presiding)

On the passage of the bill, the yeas were 45, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

HB 1009. By Representatives Beckham of the 89th, Sams of the 90th and Calhoun of the 88th:
A bill to unify the governments of the City of Augusta and Richmond County; to create within Richmond County a single county-wide govern ment through the creation and establishment of a new political entity to be known as "Augusta-Richmond County".

HB 1031. By Representative Connell of the 87th:
A bill to create the Augusta-Savannah River Parking and Urban Re development Authority.

HB 1085. By Representatives Miles of the 86th, Dent of the 85th and Connell of the 87th:
A bill providing for the purchase and sale of supplies and materials by the Board of Commissioners of Richmond County so as to provide that the Board of Commissioners shall be allowed to purchase any goods, materials or supplies used by Richmond County in its governmental

1850

JOURNAL OF THE SENATE,

affairs without bid or legal advertisement when the cost of same does not exceed $1,500.00.

HB 670. By Representatives Battle of the 124th, Triplett of the 128th, Childers of the 15th and others:
A bill to amend Code Title 84, relating to professions, businesses and trades so as to provide for the regulation of the practice of geology; to provide a short title.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 205. By Senators Lewis of the 21st, Overby of the 49th, Banks of the 17th and Barnes of the 33rd:
A bill to amend an Act providing for a new exclusive procedure for persons whose liberty is being restrained by virtue of a sentence imposed against them by any State court of record, as amended, so as to provide certain grounds shall be considered waived in such cases under certain conditions.

The House has disagreed to the Senate substitute to the following bill of the House, to-wit:

HB 450. By Representative Lane of the 40th:
A bill to provide certain requirements in connection with blasting or excavating in the vicinity of certain underground utility facilities.

The House has adopted by the requisite constitutional majority the following resolution of the Senate, to-wit:

SR 167. By Senator Eldridge of the 7th: A resolution relative to adjournment.

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 236. By Representatives Castleberry of the lllth, Buck of the 95th, Oxford of the 116th and others:
Senate Sponsor: Senator Lester of the 23rd.
A bill to amend an Act establishing the Employees' Retirement System of Georgia so as to authorize employees of the Georgia Federal-State Shipping Point Inspection Service to become members of the Employees' Retirement System of Georgia.

THURSDAY, MARCH 13, 1975

1851

The following fiscal notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

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 236

DATE:

January 21, 1975

This Bill amends Employees' Retirement System law to allow the Georgia Federal-State Shipping Point Inspectors' Service employees to become members of the Employees' Retirement System and receive a maximum of five years prior service by paying the regular employer and employee contributions including interest.

It is my understanding that there are approximately 125 employees who would be allowed coverage under this amendment. Based on the payment for prior service as provided in the bill, calculations indicate that this would be of sufficient amount to cover the prior credits and in view of this should the General Assembly desire to include these Federal-State employees under this System, it would not affect the actuarial soundness of the Employees' Retirement System.

/s/ Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, State Planning & Budget Officer

EMPLOYEES' RETIREMENT SYSTEM

January 29,1975

MEMORANDUM

TO:

The Honorable Thomas B. Buck, Chairman

House Retirement Committee

FROM:

Abe Domain, Director Employees' Retirement System

SUBJECT: Fiscal Note--House Bill 236

This bill declares the Georgia Federal-State Shipping Point Inspec tion Service to be an adjunct to the Georgia Department of Agriculture and as such permits the employees of the Service to become members

1852

JOURNAL OF THE SENATE,

of the Employees' Retirement System and also be covered for Social Security.

As members of the Retirement System, the employees would be authorized to purchase previous service up to five years by paying the regular employer and employee contributions, including accrued interest that would have been paid had they been members of the System during such period of employment.

The Department of Agriculture will be responsible for the deduction of employee contributions for retirement and Social Security and the Department of Agriculture is directed to pay from funds appropriated for the operation of the Agriculture Department the required employer contributions.

Based on the funding provisions as provided for in the bill, the actuarial soundness of the System will not be affected by the additional membership.

/s/ Abe Domain Director

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 Banks Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 31st Eldridge Fincher Foster Hamilton of 26th Hamilton of 34th

Hill Holley Howard Hudgins Hudson Kidd Langf ord Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren Young

Voting in the negative was Senator Dean of 6th.

THURSDAY, MARCH 13, 1975

1853

Those not voting were Senators:

Barker Broun of 46th Doss Duncan

Garrard Gillis Holloway Kennedy

Riley Russell Starr (presiding)

On the passage of the bill, the yeas were 44, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 614. By Representatives Howell of the 140th, Greer of the 43rd, Bray of the 70th and others:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend Code Chapter 34A-7 relating to the dates for municipal primaries and elections so as to provide for the procedures for holding municipal primaries and elections at the time of the general primary and election.

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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan Eldridge

Foster Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudson Kidd Langford Lester Lewis McDuffie McGill Overby

Pearce Reynolds Robinson Shapard Stephens Summers Sutton Tate Thompson Traylor Turner Tysinger Warren Young

Voting in the negative was Senator McDowell.

Those not voting were Senators:

Broun of 46th Doss

Fincher Garrard

Gillis Holloway

1854
Hudgins Kennedy Riley

JOURNAL OF THE SENATE,

Russell Starr (presiding)

Stumbaugh Timmons

On the passage of the bill, the yeas were 42, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 669. By Representatives Walker of the 115th, Snow of the 1st, Sams of the 90th and others:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend an Act reorganizing the State Department of Law so as to clarify the power of the Attorney General to investigate into the affairs of the State or any of its agencies or authorities or any person or organization dealing with the same.

The Committee on Judiciary offered the following substitute to HB 669:
A BILL
To be entitled an Act to amend an Act approved February 18, 1943 (Ga. Laws 1943, p. 284), reorganizing the State Department of Law, as amended, so as to clarify the power of the Attorney General to investigate into the affairs of the State or any of its agencies or au thorities or any person or organization dealing with the same; to provide the Attorney General the power to administer oaths, to require testimony under oath, to require the production of books, records, and papers, and to issue subpoenas and subpoenas duces tecum in the conduct of such investigations; to provide the procedure to be employed and the sanctions in the event of refusal to obey such subpoenas; to provide that the provisions of this Act shall not apply to members of the General Assembly while in session; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act approved February 18, 1943 (Ga. Laws 1943, p. 284), reorganizing the State Department of Law, as amended, is hereby further amended by striking Section 5 of the said 1943 Act in its entirety and by substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. The Attorney General, as head of the Department of Law and as Chief Legal Officer of the State, is hereby authorized and empowered to institute and conduct investigations at any time into the affairs of the State or of any department, board, bureau, commission, institution, authority, instrumentality, retirement sys-

THURSDAY, MARCH 13, 1975

1855

tem, or other agency of the State, or into the affairs of any person or organization to the extent that such person or organization shall have or shall have had any dealings with the State or any department, board, bureau, commission, institution, authority, in strumentality, retirement system, or other agency of the State.

For the purpose of conducting any investigation as provided in this Section, the Attorney General shall have the power to ad minister oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses, the produc tion of books, records and papers, and to take the depositions of witnesses; and for such purposes the Attorney General is authorized to issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers.

In case of refusal to obey a subpoena issued under this Section to any person, and upon application by the Attorney General, the superior court in whose jurisdiction the witness is to appear or in which the books, records or papers are to be produced may issue to that person an order requiring him to appear before the court to show cause why he should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.

Nothing contained herein shall authorize the Attorney General to commence or carry on any investigation or to issue any sub poenas to anyone for the purpose of investigating any member of the General Assembly while the General Assembly is in any regular or called session."

Section 2. This Act shall become effective on July 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 yeas were 34, nays 0, 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, 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 Banks Barker Barnes

Bell Bond Brantley Brown of 47th

Carter Coverdell Dean of 31st Duncan

1856

JOURNAL OF THE SENATE,

Eldridge Fincher Foster Hamilton of 26th Hamilton of 34th Hill Howard Hudgins Hudson Kidd Langford

Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson Shapard Stephens

Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Broun of 46th Dean of 6th Doss Garrard

Gillis Holley Holloways Kennedy

Riley Russell Starr (presiding) Young

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 687. By Representative Howell of the 140th:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend Code Chapter 34A-13, relating to absentee voting in municipal primaries and elections so as to require the use of absentee ballots in all municipal primaries and elections; to provide the pro cedures for voting by absentee ballot in municipal primaries and elections.

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 Banks Barker Barnes Bell Bond Brown of 47th Carter

Coverdell Dean of 6th Duncan Eldridge Fincher Foster Hamilton of 26th Hamilton of 34th

Hill Howard Hudgins Hudson Kidd Langford Lester Lewis

THURSDAY, MARCH 13, 1975

1857

McDowell McDuffie McGill Overby Pearce Reynolds Robinson

Shapard Stephens Stumbaugh Summers Sutton Tate Thompson

Timmons Traylor Turner Tysinger Warren Young

Those not voting were Senators:

Brantley Broun of 46th Dean of 31st Doss

Garrard Gillis Holley Holloways

Kennedy Riley Russell Starr (presiding)

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

HB 833. By Representative Carnes of the 43'rd:
A bill to amend the "Georgia Industrial Loan Act", approved March 4, 1955, so as to authorize the commissioner to place any licensee on probation; to authorize the commissioner to subject licensees to monetary penalties for certain violations.

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 Banks Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Duncan

Eldridge Fincher Foster Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson Kidd Langford Lester Lewis

McDowell McDuffie McGill Overby Pearce Reynolds Robinson Shapard Starr Stumbaugh Summers Sutton

1858
Tate Thompson Timmons

JOURNAL OF THE SENATE,

Turner Tysinger

Warren Young

Voting in the negative was Senator Stephens.

Those not voting were Senators:

Barker Broun of 46th Doss Garrard

Gillis Hill Holley Holloway

Kennedy Riley Russell Traylor

On the passage of the bill; the yeas were 43, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Starr of the 44th resumed the Chair.

HB 860. By Representative Hatcher of the 131st:
Senate Sponsor: Senator Kidd of the 25th.
A bill to repeal Code Section 24A-2304 relating to commitment of certain children by the Juvenile Court to the custody of the Department of Corrections.

Senator Barnes of the 33rd moved that HB 860 be committed to the Committee on Judiciary.

Senator Hudson of the 35th moved the previous question.

Senator Robinson of the 27th moved that HB 860 be tabled.

The President ruled that the motion to table takes precedence.

On the motion, 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 Brown of 47th Carter Dean of 6th Hill Hudgins

Lewis Overby Reynolds Robinson Summers

Timmons Turner Tysinger Warren Young

THURSDAY, MARCH 13, 1975

1859

Those voting in the negative were Senators:

Banks Barker Barnes Bell Bond Coverdell Dean of 31st Duncan Eldridge Foster

Hamilton of 26th Hamilton of 34th Howard Hudson Kidd Langford Lester McDowell McDuffie

McGill Pearce Shapard Stephens Stumbaugh Sutton Tate Thompson Traylor

Those not voting were Senators:

Brantley Broun of 46th Doss Fincher

Garrard Gillis Holley Holloway

Kennedy Riley Russell Starr (presiding)

On the motion, the yeas were 16, nays 28; the motion was lost, and HB 860 was not tabled.

Senator Starr of the 44th, who was presiding, ruled that the motion for the previous question takes precedence over the motion to commit.
The previous question was ordered.
The Committee on Human Resources offered the following amendment: Amend HB 860 on Page 1, line 3, by adding after the word "Cor
rections", the following: "to provide an effective date;",
and By renumbering Section 2 as Section 3,
and By adding a new Section 2 to read as follows: "Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."
On the adoption of the amendment, the yeas were 41, nays 0, and the com mittee amendment was adopted.

1860

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, 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 Banks Barker Bell Bond Brown of 47th Carter Duncan Eldridge Foster Hamilton of 26th

Hamilton of 34th Hill Howard Hudson Kidd Langford Lester Lewis McDowell McDuffie

McGill Overby Pearce Reynolds Shapard Stephens Tate Traylor Turner Young

Those voting in the negative were Senators:

Barnes Coverdell Dean of 6th Dean of 31st Hudgins

Robinson Stumbaugh Summers Sutton

Thompson Timmons Tysinger Warren

Those not voting were Senators:

Brantley Broun of 46th Doss Fincher

Garrard Gillis Holley Holloway

Kennedy Riley Russell Starr (presiding)

On the passage of the bill, the yeas were 31, nays 13.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Barker of the 18th moved that HB 860 be immediately transmitted to to the House.

On the motion, the yeas were 36, nays 1; the motion prevailed, and HB 860 was immediately transmitted to the House.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

THURSDAY, MARCH 13, 1975

1861

SB 205. By Senators Lewis of the 21st, Overby of the 49th, Banks of the 17th and Barnes of the 33rd:
A bill to amend an Act providing for a new exclusive procedure for persons whose liberty is being restrained by virtue of a sentence im posed against them by any State court of record, approved April 18, 1967, as amended, so as to provide certain grounds shall be considered waived in such cases under certain conditions.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act providing for a new exclusive procedure for persons whose liberty is being restrained by virtue of a sentence imposed against them by any State court of record, approved April 18, 1967 (Ga. Laws 1967, p. 835), as amended, particularly by an Act approved April 19, 1973 (Ga. Laws 1973, p. 1315), so as to provide that certain grounds shall be considered waived unless the court con sidering the petition excuses the waiver for cause shown; to authorize the court to receive proof by sworn affidavits; to change certain time limits when proof is to be made by a deposition upon written questions; to require judicial certification as a prerequisite to appeal in cases decided adversely to the petitioner and to establish the procedure for obtaining such certification and for pursuing such appeal; 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 new exclusive procedure for persons whose liberty is being restrained by virture of a sentence im posed against them by any State court of record, approved April 18, 1967 (Ga. Laws 1967, p. 835), as amended, particularly by an Act approved April 19, 1973 (Ga. Laws 1973, p. 1315), is hereby amended by striking in its entirety paragraph (1), entitled "Grounds for Writ." of Section 50-127, enacted by Section 3 of the Act of April 18, 1967, as amended, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Grounds for Writ. Any person imprisoned by virtue of a sentence imposed by a State court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of the State of Georgia or the laws of the State of Georgia may institute a proceeding under this Section. Except for objections relat ing to the composition of a grand or traverse jury, rights conferred or secured by the Constitution of the United States shall not be deemed to have been waived unless it is shown that there was an intentional relinquishment or abandonment of a known right or privilege which relinquishment or abandonment was participated in by the party and was done voluntarily, knowingly, and intelligently. The right to object to the composition of the grand or traverse jury will be deemed waived under this Section, unless the person challenging the

1862

JOURNAL OF THE SENATE,

sentence shows in the petition and satisfies the court that cause exists for his being allowed to pursue the objection after the con viction and sentence has otherwise become final."

Section 2. Said Act is further amended by striking in its entirety paragraph (7) of Section 50-127, enacted by Section 3 of the Act of April 18, 1967, as amended, and inserting in lieu thereof a new para graph (7) to read as follows:
"(7) Disposition in the Trial Court.
(a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence.
(b) The taking of depositions or depositions upon written questions, by either party, shall be governed by the provisions of Sections 26, 27, 28, 29, 30, 31, 32 and 37 of an Act to comprehensive ly and exhaustively revise, supersede and modernize pretrial, trial and post-trial procedures in civil cases, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 510); provided, however, that the time allowed in Section 31 of said Act for service of crossquestions upon all other parties shall be ten days from the date the notice and written questions are served.

(c) If sworn affidavits are intended by either party to be introduced into evidence, the party intending to introduce the affidavit shall cause it to be served upon the opposing party at least five days in advance of the date set for a hearing in the case. The affidavit so served shall be accompanied by a notice of the party's intention to introduce it into evidence. The superior court judge considering the petition for writ of habeas corpus may resolve disputed issues of fact upon the basis of sworn affidavits standing
by themselves.

(d) If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the judgment or sentence challenged in the proceeding and such supplementary orders as to rearraignment, retail, custody, or discharge as may be necessary and proper. In all cases the court shall dispose of the matter as
law and justice require."

Section 3. Said Act is further amended by striking paragraph (11) of Section 50-127, enacted by Section 3 of the Act of April 18, 1967, as amended, by striking it in its entirety and inserting in lieu thereof a new paragraph (11) to read as follows:
"(11) Practice as to Appeals.
(a) Appeals in habeas corpus cases shall be governed by the Appellate Procedure Act of 1965, approved February 19, 1965 (Ga. Laws 1965, p. 18), as now or hereafter amended, except that as

THURSDAY, MARCH 13, 1975

1863

to final orders of the court which are adverse to the petitioner, no appeal shall be allowed unless a justice of the Supreme Court of Georgia shall issue a certificate of probable cause for such appeal.
(b) Within 30 days from the entry of the order denying relief to the petitioner, a written application for a certificate of probable cause to appeal must be filed with the clerk of the Supreme Court of Georgia, if the unsuccessful petitioner desires to appeal. The petitioner shall also file, within the same period, a notice of appeal with the clerk of the concerned superior court. A justice of said appellate court shall either grant or deny the application within a reasonable time after filing. So the justice may fully consider the request for a certificate, the clerk of the concerned superior court shall forward as in any other case, the record and transcript if designated, to the clerk of the Supreme Court of Georgia when a notice of appeal is filed. The clerk of the concerned superior court need not prepare and retain and the court reporter need not file, a copy of the original record and a copy of the original transcript of proceedings. The clerk of the Supreme Court of Georgia shall return the original record and transcript to the clerk of the concerned superior court upon completion of the appeal if the certificate is granted. If the justice of the Supreme Court of Georgia denies the application for a certificate of probable cause, the clerk of the Supreme Court of Georgia shall return the original record and transcript and notify the clerk of the concerned superior court and the parties to the proceedings below of the determination that probable cause does not exist for appeal.
(c) If the trial court finds in favor of the petitioner, no certif icate of probable cause need be obtained by the respondent as a condition precedent to appeal. A notice of appeal filed by the respondent shall act as a supersedeas and stay the judgment of the superior court until there is a final adjudication by the appellate court; provided, however, that while such case is on appeal, the petitioner may be released on bail as is now provided for in criminal cases, except where the petitioner has been convicted of a crime over which the Supreme Court of Georgia has jurisdiction to con sider on direct appeal. The right to bail and the amount of bond shall be within the discretion of the judge of the superior court where the sentence successfully challenged under this Act was originally imposed."
Section 4. This Act shall become effective when signed into law by the Governor or when allowed to become law without the Governor's signature.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Lewis of the 21st moved that the Senate agree to the House substitute to SB 205.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the House substitute to SB 205 was agreed to.

1864

JOURNAL OP THE SENATE,

The following general bill of the House, favorably reported by the Com mittee, was read the third time and put upon its passage:

HB 893. By Representatives Lane of the 81st, Cole of the 6th, Sweat of the 150th and others:
Senate Sponsor: Senator Reynolds of the 48th.
A bill to amend an Act approved April 18, 1973, known as the Georgia Code of Public Transportation so as to authorize the Commissioner of Transportation or the Deputy Commissioner of Transportation to simul taneously serve as State Highway Engineer.

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 Barnes Bell Bond Brown of 47th Carter
Coverdell
Dean of 6th
Dean of 31st
Eldridge
Fincher
Foster
Hamilton of 26th

Hamilton of 34th Howard Hudgins Hudson Kidd Langford Lester
Lewis
McDowell
McDuffie
McGill
Overby
Pearce
Reynolds

Robinson Shapard Stephens Stumbaugh Summers Sutton Tate
Thompson
Timmons
Traylor
Turner
Tysinger
Warren
Young

Those not voting were Senators:

Banks Brantley Broun of 46th Doss Duncan

Garrard Gillis Hill Holley Holloway

Kennedy Riley Russell Starr (presiding)

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 13, 1975

1865

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 450. By Representative Lane of the 40th:
A bill to provide certain requirements in connection with blasting or excavating in the vicinity of certain underground utility facilities.

Senator Hill of the 29th moved that the Senate insist upon the Senate substitute to HB 450.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate substitute to HB 450 was insisted upon.

The following resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:
HR 100. By Representatives Lambert of the 112th and Carlisle of the 71st: Senate Sponsor: Senator Starr of the 44th. 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 pre siding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Eldridge Fincher Foster

Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Young

1866

JOURNAL OF THE SENATE,

Voting in the negative was Senator Warren.

Those not voting were Senators:

Brantley Broun of 46th Doss Duncan Garrard

Gillis Hill Holley Holloway Kennedy

Langford Riley Russell Starr (presiding)

On the adoption of the resolution, the yeas were 41, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Young of the 13th, Chairman of the Enrolling and Journals Sub committee, submitted the following report:
Mr. President:
Your Subcommittee on Enrolling and Journals has read and ex amined 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 6.
Respectfully submitted,
I si Martin Young Young of the 13th, Chairman

The following resolution of the Senate was read and adopted:
SR 162. By Senators Lewis of the 21st, Eldridge of the 7th, Kennedy of the 4th and others: A resolution commending Mrs. Joyce Remion McDowell upon the occasion of her birthday.
The following bills of the House were read the first time and referred to committees:

THURSDAY, MARCH 13, 1975

1867

HB 1009. By Representatives Beckham of the 89th, Sams of the 90th, Calhoun of the 88th:
A bill to unify the governments of the City of Augusta and Richmond County; to create within Richmond County a single county-wide gov ernment through the creation and establishment of a new political entity to be known as "Augusta-Richmond County".
Referred to Committee on County and Urban Affairs.

HB 1031. By Representatives Connell of the 87th and Sams of the 90th and others:
A bill to create the Augusta-Savannah River Parking and Urban Redevelopment Authority. Referred to Committee on County and Urban Affairs.

HB 1085. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th:
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 Board of Commissioners shall be allowed to purchase any goods, materials or supplies used by Richmond County in its governmental affairs without bid or legal advertisement when the cost of same does not exceed $1,500.00.
Referred to Committee on County and Urban Affairs.

The President announced the Senate would stand in recess from 1:35 o'clock P.M. until 6:00 o'clock P.M.

The President called the Senate to order at 6:00 o'clock P. M.

The following standing committee report was read by the Secretary:

Senator Eldridge of the 7th District, Chairman of the Committee on Rules submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration a motion of the Senator from the 7th and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
That the motion of the Senator from the 7th that the Senate change the order of business for the day, March 13, 1975, and allow Senate bills and resolutions to be introduced, read the first time, and referred to committees until the time of adjournment be adopted.
Respectfully submitted, Eldridge of 7th District, Chairman.

1868

JOURNAL OF THE SENATE,

Senator Thompson of the 32nd moved that the motion by Senator Eldridge of the 7th to change the order of business and allow Senate bills and resolutions to be introduced, read the first time and referred to committees until the time of adjournment be adopted.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the order of business of the Senate was changed.

The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 400. By Senator Sutton of the 9th:
A bill to amend Code Section 68A-1106, relating to riding in house trailers, so as to limit the provisions of said Section to towed house trailers; to provide an effective date. Referred to Committee on Transportation.

SB 401. By Senator Sutton of the 9th:
A bill to amend Code Section 67-501, relating to the disposition of proceeds from the sale of mortgaged realty, so as to provide that any surplus after paying off such mortgage or other liens having priority shall be paid to any other persons having liens on such property in the order of their priority, then to the mortgagor or his agent. Referred to Committee on Banking, Finance and Insurance.

SB 402. By Senator Sutton of the 9th:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act", so as to change the provisions relative to general edu cation and occupational programs by including preschool education as a part of such program; to change the provisions relative to pre-school education; to change the provisions relative to the allotment of instruc tional units.
Referred to Committee on Education.

SB 403. By Senator Kidd of the 25th:
A bill to provide that it shall be unlawful for any agent of a consumer reporting agency to go in or upon a private residence without prior invitation from the occupant thereof for the purpose of obtaining in formation regarding a consumer's character, general characteristics or mode of living in connection with the preparation of an investigative consumer report by such consumer reporting agency.
Referred to Committee on Consumer Affairs.

THURSDAY, MARCH 13, 1975

1869

SB 404. By Senator Kidd of the 25th:
A bill to amend an Act entitled "Structural Pest Control Act", as amended, so as to provide that municipal corporations or other political subdivisions of the State may impose additional requirements on such persons. Referred to Committee on Industry, Labor and Tourism.

SB 405. By Senator Kidd of the 25th:
A bill to provide for a right of cancellation with respect to sales of physical culture, physical fitness or body improvement courses or services; to provide enforcement of such right. Referred to Committee on Judiciary.

SR 168. By Senators Stephens of the 36th, Hudson of the 35th, Hamilton of the 34th and others:
A resolution relative to the Atlanta Board of Education. Referred to Committee on County and Urban Affairs.

SR 169. By Senators Sutton of the 9th, Holloway of the 12th, Riley of the 1st and others:
A resolution proposing an amendment to the Constitution, so as to require the legislative process of the General Assembly to be open and accessible to the public; to provide that any action and the results of such action in contravention of this provision is void; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Rules.

The following bill of the House was read the first time and referred to a committee:

HB 670. By Representatives Battle of the 124th, Triplett of the 128th, Childers of the 15th and others:
A bill to amend Code Title 84, relating to professions, businesses and trades so as to provide for the regulation of the practice of geology; to provide a short title ("Registration of Geologists Act of 1975"). Referred to Committee on Natural Resources and Environmental Quality.

The President announced the Senate adjourned pursuant to provisions of SR 167 until Tuesday, March 18 at 10:00 o'clock A.M. at 6:05 o'clock P.M.

1870

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Tuesday, March 18, 1975

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 Thursday'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 1140. By Representative Rainey of the 135th:
A bill to provide for certain restrictions on the exercise of powers by the Cordele Office Building Authority; to provide for definitions; to require referendum elections on the question of beginning projects with a certain exception.

HB 1147. By Representatives Matthews of the 145th and Collins of the 144th:
A bill to amend an Act establishing a new charter for the City of Moultrie so as to change certain provisions relative to the number of alcoholic beverage licenses which may be issued; to provide for a ref erendum.

HB 1149. By Representative Reaves of the 147th:
A bill to amend an Act creating a Small Claims Court in certain counties in this State so as to provide for the collection of an administrative fee; to provide an effective date.

HB 1152. By Representatives Parkman and Glanton of the 66th and Ware of the 68th:
A bill to create the office of Commissioner of Heard County; to pro vide for his qualifications to provide for his election, bond and oath; to provide for filling a vacancy in office; to provide for compensation; to provide for a clerk; to provide for an attorney; to provide for a superintendent of roads and bridges.

TUESDAY, MARCH 18, 1975

1871

HB 1153. By Representative Coleman of the 118th:
A bill to amend an Act creating the office of Commissioner of Dodge County so as to change the compensation of the Commissioner of Dodge County; to provide for biennial longevity increases.

HB 1154. By Representative Coleman of the 118th:
A bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Dodge County on an annual salary so as to change the compen sation of the sheriff and clerk of the superior court; to provide for longevity increases.

HB 1157. By Representatives Howard and Cooper of the 19th, Kreeger of the 21st and others:
A bill to amend an Act providing for the compensation of the Judge of the Juvenile Court of Cobb County so as to change the compensation of said judge.

HB 1158. By Representatives Kreeger of the 21st, Edwards, Nix and Harrison of the 20th and others:
A bill consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb County so as to change the compensation of the Tax Commissioner and the Chief Clerk of the Tax Commissioner.

HB 1159. By Representatives Kreeger of the 21st, Edwards of the 20th, Wilson of the 19th and others:
A bill to amend an Act creating the Cobb Judicial Circuit so as to change the provisions relating to the appointment of Assistant District Attorneys of said circuit; to change the salary provisions relating to the Assistant District Attorneys.

HB 1160. By Representatives Harrison, Nix and Edwards of the 20th and others: A bill to amend an Act creating the State Court of Cobb County so as to change the salary provisions relating to the clerk of said court.
HB 1161. By Representatives Wilson, Cooper and Howard of the 19th and others: A bill to amend an Act creating the Cobb Judicial Circuit so as to change the compensation provisions relating to the investigator.
HB 1163. By Representatives Nix, Harrison and Edwards of the 20th and others: A bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system so as to change the compensation of the Clerk of the Probate Court.

1872

JOURNAL OF THE SENATE,

HB 1164. By Representatives Cooper and Howard of the 19th and others:
A bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system so as to change the compensation of the clerk of the superior court and the chief deputy sheriff.

HB 1165. By Representatives Cooper, Howard, and Wilson of the 19th and others :
A bill to amend an Act providing for an additional Judge of the Supe rior Court of the Cobb Judicial Circuit so as to change the compensa tion of the full-time court reporters.

HB 1035. By Representatives Tucker of the 73rd, Ham of the 80th and Smith of the 78th:
A bill to amend an Act to change the salaries of assistant district at torneys in all judicial circuits of this State having a population of not less than 54,500 and not more than 58,500.

HB 791. By Representatives Ross of the 76th, Evans of the 84th, Lane of the 81st and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to clarify certain provisions and make certain technical corrections.

HB 598. By Representative Burruss of the 21st:
A bill to amend the "Georgia State Speech Pathology and Audiology Licensing Act" so as to provide additional circumstances under which a license may be granted to certain applicants.

HB 285. By Representatives Vaughn of the 57th and Lambert of the 112th:
A bill to amend an Act known as the "Georgia Land Sales Act of 1972", so as to end the confusion, redundancey and possible conflict between the information requirements of the Ga. Land Sales Act and those of the U. S. Dept. of Housing and Urban Development under the Federal Interstate Land Sales Full Disclosure Act.

HB 351. By Representatives Jordan of the 58th, Vaughn of the 57th, Russell of the 53rd and others:
A bill to amend an Act known as the "Junior College Act of 1958" so as to change the provisions relative to payments by the Board of Regents to certain local operating authorities.

TUESDAY, MARCH 18, 1975

1873

HB 890. By Representative Collins of the 144th :
A bill to regulate the storage and sale of flue-cured tobacco unsold in the year of production and stored for sale in the subsequent selling season.

HB 937. By Representative Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Com mission so as to change the provisions for disposing of contraband wild life, or parts thereof, which have been seized under the provisions of said Act.

HB 973. By Representative Walker of the 115th:
A bill to amend Code Section 53-206, relating to proof of majority for the issuance of a marriage license, so as to provide that a driver's license may be used as proof of age.

SB 105. By Senators Lester of the 23rd, Riley of the 1st, Holley of the 22nd and others:
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.

HB 758. By Representative Shanahan of the 7th:
A bill to amend Code Section 100-108, relating to bonds and securities required to secure State deposits, so as to provide that the guarantee or the insurance of accounts by the Federal Savings and Loan Insurance Corp. shall be accepted as collateral by the Director of the Fiscal Division of the Dept. of Administrative Services to cover State funds on deposit in State depositories.

HB 847. By Representative Hudson of the 137th:
A bill to amend an Act regulating the practice of professional sanitar ians so as to provide that it shall be unlawful to employ any person as a sanitarian trainee or as a sanitarian, who has not met the educational requirements for registration as a Registered Professional Sanitarian under the provisions of this Act.

HB 498. By Representative Holmes of the 39th:
A bill to amend Code Section 34-1010, relating to nomination petitions, so as to change the provisions relative to the form of nomination petitions.

1874

JOURNAL OF THE SENATE,

HB 483. By Representative Ham of the 80th:
A bill to amend Code Section 26-2306 relating to officers or employees selling to governments or political subdivisions, so as to change the amounts which local government officers or employees may sell.

HB 452. By Representative Lane of the 40th:
A bill to amend Code Section 27-207, relating to arrests without a war rant, so as to provide for the degree of force that may be used to ef fectuate a lawful arrest; to provide for a distinction between a felony and a misdemeanor in connection with the force used to effectuate a lawful arrest.

HB 429. By Representatives Brown of the 34th, Patten of the 146th, Hill of the 127th and others:
A bill to provide for the continuation of community action agencies in the State; to provide for the administration of this Act by the Executive Office of the Governor; to provide for the distribution of funds.

HB 401. By Representatives Adams of the 14th, Toles of the 16th and Coleman of tLfc 118th:
A bill to provide that it is unlawful to remove, steal, or abandon shopping carts in certain circumstances.

HB 381. By Representatives Matthews of the 145th, Patten and Carter of the 146th and Sizemore of the 136th:
A bill to amend an Act creating the Georgia Agrirama Development Authority so as to exempt the Authority from certain taxes.

HB 941. By Representative Irvin of the 23rd:
A bill to amend Code Title 46, relating to garnishment, so as to provide for a new Code Chapter relative to prejudgment garnishments; to provide grounds for prejudgment garnishment; to provide for petitions for prejudgment garnishment; to provide for prejudgment garnish ment bonds; to provide for services.

The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate to-wit:

HR 311. By Representatives Kreeger of the 21st, Howard and Cooper of the 19th and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Marietta to provide for an increase in retirement benefits of retired employees of said city.

TUESDAY, MARCH 18, 1975

1875

HR 169. By Representative Lambert of the 112th:
A resolution authorizing the State Properties Commission to grant and convey to Georgia Power Co., its successors and assigns, easements over, under, across and through certain properties owned by the State of Georgia and located in Gwinnett County, Georgia.

HR 197. By Representatives Bolster of the 30th, Dean of the 29th, Stone of the 138th and others:
A resolution finding and declaring the Atlanta Cyclorama to be of historic value to the State and in need of certain repairs.

HR 151. By Representatives Hill of the 41st and Kilgore of the 65th:
A resolution authorizing the conveyance of certain real estate located in Fulton County, Georgia, to Mrs. L. L. Stovall, Jr.

HR 9. By Representative Egan of the 25th: A resolution compensating Aetna Life and Casualty Company.

HR 33. By Representative Adams of the 36th: A resolution compensating Roy L. Cash.

HR 36. By Representative Pinkston of the 100th: A resolution compensating Mr. Edwin J. Odom.

HR 37. By Representative Pinkston of the 100th: A resolution compensating Mr. Benjamin Wynn.

HR 74. By Representative Sigman of the 74th: A resolution compensating Mr. John Henry Autry.

HR 112. By Representative Colwell of the 4th: A resolution compensating Mr. and Mrs. Ronnie G. Cantrell.
HR 133, By Representative Greer of the 43rd: A resolution to compensate Miss Carole K. Brown.
HR 299. By Representative Russell of the 64th: A resolution authorizing the Governor on behalf of the State of Georgia to convey to the mayor and council of the City of Winder, a municipal

1876

JOURNAL OF THE SENATE,

corporation, an easement for the purpose of expanding the city waste treatment facility over and through property in Barrow County, Ga., owned by the State of Ga. and operated as a part of Fort Yargo State Park, Winder, Barrow County, Georgia.

HR 303. By Representative Russell of the 64th:
A resolution authorizing the granting of an easement over a certain tract of State-owned property.

SR 108. By Senator Riley of the 1st:
A resolution authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Marcona Terminal Company, a Nevada corporation, its successors and assigns, including Savannah Port Authority, a body corporate and politic created by an Act of the Georgia General Assembly, an easement over, under, across and through certain property owned or claimed by the State of Georgia and located in Chatham County, Georgia.

The House has agreed to the Senate substitute to the following bill of the House, to-wit:

HB 174. By Representatives Lambert of the 112th, Carlisle of the 71st, Phillips of the 120th and others:
A bill to provide for the establishment and implementation of a Statewide comprehensive soil erosion and sediment control program to con serve and protect land, water, air and other resources of the State; to provide that certain land-disturbing activities may not be carried out without a permit.

The House has agreed to the Senate amendments to the following bills and resolutions of the House, to-wit:

HB 297. By Representatives Matthews of the 145th, Buck of the 95th, Karrh of the 106th and others:
A bill to provide for and declare the rights of blind and visually handi capped persons to equal public accommodations and housing; to au thorize blind and visually handicapped persons to be accompanied by guide dogs in certain circumstances.

HB 315. By Representatives Foster and Wheeler of the 152nd, Clifton of the 107th and others:
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 nonhighway purposes.

TUESDAY, MARCH 18, 1975

1877

HB 365. By Representative Carrell of the 75th:
A bill to amend Code Title 92, relating to public revenue, so as to change the provisions relating to rate of interest on unpaid taxes on Dec. 20th in each year.

HB 617. By Representative Murphy of the 18th:
A bill to amend Code Section 92-1417, relating to the procedures for the collection of delinquent taxes on motor fuel, so as to provide that under certain circumstances the sale of motor fuel to an ultimate con sumer who has both highway and nonhighway uses of such fuel shall not be subject to the motor fuel tax.

HB 665. By Representatives Lambert of the 112th, Murphy of the 18th, Vaughn of the 57th and others:
A bill to amend an Act known as the Executive Reorganization Act of reorganization of the Department of Human Resources as he may find necessary to improve the management and administration of the func tions assigned to the Department.

HR 155. By Representatives Phillips of the 120th, Glanton of the 66th, Gammage of the 17th and Jones of the 126th:
A resolution designating the Engineering Experiment Station at Geor gia Tech as the Georgia Productivity Center.

HR 204. By Representatives Murphy of the 18th, Greer of the 43rd and Triplett of the 128th:
A resolution creating the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee.

HB 874. By Representatives Waddle of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, approved March 25, 1958, so as to define the corporate limits.

HB 876. By Representative Egan of the 25th:
A bill to amend an Act known as the "Georgia Securities Act of 1973", approved April 18, 1973, so as to redefine certain terms; to authorize the Commissioner to impose fees to cover the costs of giving examina tions.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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JOURNAL OF THE SENATE,

SB 233. By Senator Reynolds of the 48th:
A bill to create the Gwinnett County Recreation Authority and to au thorize such authority to acquire, construct, equip, maintain and operate an athletic stadium or stadiums and the usual facilities related thereto, recreational centers and areas, including but not limited to, playgrounds, parks, hiking, camping, picnicking areas and facilities, swimming, and wading pools, lakes, golf courses, tennis courts and athletic fields.

The following bill and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 406. By Senator Tysinger of the 41st:
A bill to amend an Act known as the DeKalb County Oglethorpe Housing Foundation Act, so as to change the short title of said Act; to change the name of the public body corporate and politic created by said Act; to expand the legislative findings and declaration of public necessity per taining to said Act.
Referred to Committee on County and Urban Affairs.

SR 171. By Senator Dean of the 6th:
A resolution authorizing and directing the State Department of Trans portation to designate a bridge in Wayne County, Georgia, as the "John Henry Lane, Jr., Bridge". Referred to Committee on Transportation.

SR 172. By Senator Reynolds of the 48th:
A resolution relative to Federal laws relating to outdoor advertising and junkyards. Referred to Committee on Transportation.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1140. By Representative Rainey of the 135th:
A bill to provide for certain restrictions on the exercise of powers by the Cordele Office Building Authority; to provide for definitions; to require referendum elections on the question of beginning projects with a certain exception. Referred to Committee on County and Urban Affairs.

HB 1147. By Representatives Matthews of the 145th and Collins of the 144th:
A bill to amend an Act establishing a new'charter for the City of Moultrie so as to change certain provisions relative to the number of

TUESDAY, MARCH 18, 1975

1879

alcoholic beverage licenses which may be issued; to provide for a referendum.
Referred to Committee on County and Urban Affairs.

HB 1149. By Representative Reaves of the 147th:
A bill to amend an Act creating a Small Claims Court in certain coun ties in this State so as to provide for the collection of an administra tive fee; to provide an effective date. Referred to Committee on County and Urban Affairs.

HB 1152. By Representatives Parkman and Glanton of the 66th and Ware of the 68th:
A bill to create the office of Commissioner of Heard County; to pro vide for his qualifications; to provide for his election, bond and oath; to provide for filling a vacancy in office; to provide for compensation; to provide for a clerk; to provide for an attorney; to provide for a superintendent of roads and bridges.
Referred to Committee on County and Urban Affairs.

HB 1153. By Representative Coleman of the 118th:
A bill to amend an Act creating the office of Commissioner of Dodge County so as to change the compensation of the Commissioner of Dodge County; to provide for biennial longevity increases. Referred to Committee on County and Urban Affairs.

HB 1154. By Representative Coleman of the 118th:
A bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Dodge County on an annual salary so as to change the com pensation of the sheriff and clerk of the superior court; to provide for longevity increases; and for other purposes. Referred to Committee on County and Urban Affairs.

HB 1157. By Representatives Howard and Cooper of the 19th, Kreeger of the 21st and others:
A bill to amend an Act providing for the compensation of the Judge of the Juvenile Court of Cobb County so as to change the compensation of said judge. Referred to Committee on County and Urban Affairs.

HB 1158. By Representatives Kreeger of the 21st, Edwards, Nix and Harrison of the 20th and others:
A bill to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner

.

1880

JOURNAL OF THE SENATE,

&gj

of Cobb County so as to change the compensation of the Tax Commis-

?-:8s

sioner and the Chief Clerk of the Tax Commissioner.

>

Referred to Committee on County and Urban Affairs.

HB 1159. By Representatives Kreeger of the 21st, Edwards of the 20th, Wilson of the 19th and others:

A bill to amend1 an Act creating the Cobb Judicial Circuit so as to

"

change the provisions relating to the appointment of Assistant District

Attorneys of said circuit; to change the salary provisions relating to

the Assistant District Attorneys.

Referred to Committee on County and Urban Affairs.

HB 1160. By Representatives Harrison and Edwards of the 20th, Cooper of the 19th and others:
A bill to amend an Act creating the State Court of Cobb County so as to change the salary provisions relating to the clerk of said court. Referred to Committee on County and Urban Affairs.

;;-

HB 1161. By Representatives Wilson of the 19th, Harrison of the 20th, Kreeger

ff,

of the 21st and others:

V.

A bill to amend an Act creating the Cobb Judicial Circuit so as to change the compensation provisions relating to the investigator; and for other purposes.

Referred to Committee on County and Urban Affairs.

HB 1163. By Representatives Howard and Cooper of the 19th, Nix of the 20th and others:

A bill to amend an Act changing the compensation of the Clerk of the

Superior Court, the Sheriff and the Judge of the Probate Court of

.;

Cobb County from the fee system to the salary system so as to change

the compensation of the Clerk of the Probate Court.

Referred to Committee on County and Urban Affairs.

HB 1164. By Representatives Cooper and Howard of the 19th, Nix of the 20th and others:
A bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system so as to change the compensation of the clerk of the superior court, the sheriff, the deputy clerk of the superior court and the chief deputy sheriff.
Referred to Committee on County and Urban Affairs.

HB 1165. By Representatives Cooper, Howard, and Wilson of the 19th and others: A bill to amend an Act providing for an additional Judge of the Superior

TUESDAY, MARCH 18, 1975

1881

Court of the Cobb Judicial Circuit so as to change the compensation of the full-time court reporters.
Referred to Committee on Judiciary.

HB 285. By Messrs. Vaughn of the 57th and Lambert of the 112th:
A bill to amend an Act known as the "Georgia Land Sales Act of 1972", so as to end the confusion, redundancy and possible conflict between the information requirements of the Ga. Land Sales Act and those of the U. S. Department of Housing and Urban Development under the Federal Interstate Land Sales Full Disclosure Act.
Referred to Committee on County and Urban Affairs.

HB 351. By Messrs. Jordan of the 58th, Vaughn of the 57th, Russell of the 53rd and others :
A bill to amend an Act known as the "Junior College Act of 1958" so as to change the provisions relative to payments by the Board of Regents to certain local operating authorities. Referred to Committee on Higher Education.

HB 381. By Messrs. Matthews of the 145th, Patten and Carter of the 146th and Mrs. Sizemore of the 136th:
A bill to amend an Act creating the Georgia Agrirama Development Authority so as to exempt the Authority from certain taxes ; and for other purposes. Referred to Committee on Banking, Finance and Insurance.

HB 401. By Messrs. Adams of the 14th, Toles of the 16th and Coleman of the 118th:
A bill to provide that it is unlawful to remove, steal, or abandon shopping carts in certain circumstances. Referred to Committee on Industry, Labor and Tourism.

HB 429. By Messrs. Brown of the 34th, Patten of the 146th, Hill of the 127th and others:
A bill to provide for the continuation of community action agencies in the State; to provide for the administration of this Act by the Executive Office of the Governor; to provide for the distribution of funds. Referred to Committee on Human Resources.

HB 452. By Mr. Lane of the 40th:
A bill to amend Code Section 27-207, relating to arrests without a war rant, so as to provide for the degree of force that may be used to effectuate a lawful arrest; to provide for a distinction between a felony

1882

JOURNAL OF THE SENATE,

I'fl

and a misdemeanor in connection with the force used to effectuate a

fi

lawful arrest.

1

Referred to Committee on Judiciary.

HB 483. By Mr. Ham of the 80th:

A bill to amend Code Section 26-2306 relating to officers or employees

:

selling to governments or political subdivisions, so as to change the

amounts which local government officers or employees may sell.

Referred to Committee on Economy, Reorganization and Efficiency in Govern ment.

HB 498. By Mr. Holmes of the 39th:
A bill to amend Code Section 34-1010, relating to nomination petitions, so as to change the provisions relative to the form of nomination peti tions. Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 598. By Representative Burruss of the 21st:
A bill to amend the "Georgia State Speech Pathology and Audiology Licensing Act" so as to provide additional circumstances under which a license may be granted to certain applicants. Referred to Committee on Human Resources.

HB 758. By Representative Shanahan of the 7th:
A bill to amend Code Section 100-108, relating to bonds and securities required to secure State deposits, so as to provide that the guarantee or the insurance of accounts by the Federal Savings and Loan Insurance Corp. shall be accepted as collateral by the Director of the Fiscal Division of the Department of Administrative Services to cover State funds on deposit in State depositories.
Referred to Committee on Banking, Finance and Insurance.

HB 791. By Representatives Ross of the 76th, Evans of the 84th, Lane of the 81st and others:
A bill to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to clarify certain provisions and make certain technical corrections. Referred to Committee on Education.

HB 847. By Representative Hudson of the 137th:
A bill to amend an Act regulating the practice of professional sanitarians so as to provide that it shall be unlawful to employ any person as a sanitarian trainee or as a sanitarian, who has not met the educational

TUESDAY, MARCH 18, 1975

1883

requirements for registration as a Registered Professional Sanitarian under the provisions of this Act.
Referred to Committee on Human Resources.

HB 890. By Representative Collins of the 144th:
A bill to regulate the storage and sale of flue-cured tobacco unsold in the year of production and stored for sale in the subsequent selling season. Referred to Committee on Agriculture.

HB 937. By Representative Rainey of the 135th:
A bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws relating to the State Game and Fish Commission so as to change the provisions for disposing of contra band wildlife, or parts thereof, which have been seized under the provisions of said Act.
Referred to Committee on Natural Resources and Environmental Quality.

HB 941. By Representative Irvin of the 23rd:
A bill to amend Code Title 46, relating to garnishment, so as to provide for a new Code Chapter relative to prejudgment garnishments; to provide grounds for prejudgment garnishment; to provide for petitions for prejudgment garnishment; to provide for prejudgment garnishment bonds; to provide for services.
Referred to Committee on Judiciary.

HB 973. By Representative Walker of the 115th:
A bill to amend Code Section 53-206, relating to proof of majority for the issuance of a marriage license, so as to provide that a driver's license may be used as proof of age. Referred to Committee on Human Resources.

HB 1035. By Representatives Tucker of the 73rd, Ham of the 80th and Smith of the 78th:
A bill to amend an Act to change the salaries of assistant district at torneys in all judicial circuits of this State having a population of not less than 54,500 and not more than 58,500. Referred to Committee on County and Urban Affairs.

HR 151. By Representatives Hill of the 41st and Kilgore of the 65th:
A resolution authorizing the conveyance of certain real estate located in Fulton County, Georgia, to Mrs. L. L. Stovall, Jr. Referred to Committee on Public Utilities.

1884

JOURNAL OF THE SENATE,

HR 169. By Representative Lambert of the 112th:
A resolution authorizing the State Properties Commission to grant and convey to Georgia Power Company, its successors and assigns, easements over, under, across and through certain properties owned by the State of Georgia and located in Gwinnett County, Georgia. Referred to Committee on Public Utilities.

HR 197. By Representative's Bolster of the 30th, Dean of the 29th, Stone of the 138th and others:
A resolution finding and declaring the Atlanta Cyclorama to be of historic value to the State and in need of certain repairs. Referred to Committee on Industry, Labor and Tourism.

HR 299. By Representative Russell of the 64th:
A resolution authorizing the Governor on behalf of the State of Georgia to convey to the mayor and council of the City of Winder, a municipal corporation, an easement for the purpose of expanding the city waste treatment facility over and through property in Barrow County, Ga., owned by the State of Ga. and operated as a part of Fort Yargo State Park, Barrow County, Ga.
Referred to Committee on Public Utilities.

HR 303. By Representative Russell of the 64th:
A resolution authorizing the granting of an easement over a certain tract of State-owned property. Referred to Committee on Public Utilities.

HR 311. By Representatives Kreeger of the 21st, Howard of the 19th, Nix of the 20th and others:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Marietta to provide for an increase in retirement benefits of retired employees of the said city. Referred to Committee on County and Urban Affairs.

HR 9. By Mr. Egan of the 25th:
A resolution compensating Aetna Life and Casualty Company. Referred to Committee on Appropriations.

if;

HR 33. By Mr. Adams of the 36th:

i

A resolution compensating Roy L. Cash.

'

Referred to Committee on Appropriations.

TUESDAY, MARCH 18, 1975

1885

HR 36. By Mr. Pinkston of the 100th:
A resolution compensating Mr. Edwin J. Odom. Referred to Committee on Appropriations.

HR 37. By Mr. Pinkston of the 100th:
A resolution compensating Mr. Benjamin Wynn. Referred to Committee on Appropriations.

HR 74. By Representative Sigman of the 74th:
A resolution compensating Mr. John Henry Autry. Referred to Committee on Appropriations.

HR 112. By Mr. Colwell of the 4th:
A resolution compensating Mr. and Mrs. Ronnie G. Cantrell. Referred to Committee on Appropriations.

HR 133. By Representative Greer of the 43rd:
A resolution to compensate Miss Carole K. Brown. 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 resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 334. Do pass. HR 335. Do pass. HR 337. Do pass.
Respectfully submitted, McGill of 24th District, Chairman.

1886

JOURNAL OF THE SENATE,

Senator Broun of the 46th 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 170. Do pass by substitute.

Respectfully submitted, Broun of 46th District, Chairman.

Senator Garrard of the 37th 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 391. Do pass. SB 393. Do pass. HB 290. Do pass by substitute. HB 506. Do pass. HB 507. Do pass. HB 625. Do pass. HB 698. Do pass. HB 755. Do pass. HB 793. Do pass. HB 919. Do pass. HB 920. Do pass. HB 942. Do pass. HB 968. Do pass. HB 969. Do pass. HB 970. Do pass. HB 987. Do pass. HB 1043. Do pass.

TUESDAY, MARCH 18, 1975

1887

HB 1047. Do pass as amended. HB 1049. Do pass. HB 1052. Do pass. HB 1060. Do pass. HB 1061. Do pass. HB 1062. Do pass. HB 1063. Do pass. HB 1064. Do pass. HB 1065. Do pass. HB 1069. Do pass. HR 243. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Garrard of the 37th 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:
HB 949. Do pass. HB 957. Do pass. HB 958. Do pass. HB 1003. Do pass. HB 1007. Do pass. HB 1009. Do pass as amended. HB 1057. Do pass. HB 1070. Do pass. HB 1085. Do pass. HB 1093. Do pass. HB 1102. Do pass. HB 1113. Do pass. HB 1114. Do pass.

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JOURNAL OF THE SENATE,

HB 1116. Do pass. HB 1119. Do pass. HB 1121. Do pass. HB 1122. Do pass. HB 1136. Do pass. SR 168. Do pass. SR 163. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Garrard of the 37th 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 221. Do pass. SB 396. Do pass. SB 398. Do pass. HB 97. Do pass. HB 139. Do pass. HB 355. Do pass. HB 370. Do pass. HB 561. Do pass. HB 562. Do pass. HB 648. Do pass. HB 664. Do pass. HB 684. Do pass. HB 685. Do pass. HB 748. Do pass. HB 897. Do pass. HB 898. Do pass. HB 946. Do pass.

TUESDAY, MARCH 18, 1975

1889

HB 947. Do pass. HB 948. Do pass.

Respectfully submitted, Garrard of 37th District, Chairman.

Senator Carter of the 14th District, Chairman of the Committee on Education, submitted the following report:
Mr. President:
Your Committee on 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 394. Do pass.
Respectfully submitted, Carter of 14th District, Chairman.

Senator Overby of the 49th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 61. Do pass. HB 440. Do pass. HB 466. Do pass. HB 762. Do pass. HR 143. Do pass.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Overby of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. President:
Your Committee on Judiciary has had under consideration the following bills

1890

JOURNAL OF THE SENATE,

of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 91. Do pass. HB 183. Do pass. HB 484. Do pass. HB 544. Do pass. HB 765. Do pass. HB 766. Do pass. HB 767. Do pass. HB 768. Do pass. HB 841. Do pass as amended.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Overby of the 49th 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 144. Do pass by substitute.
Respectfully submitted, Overby of 49th District, Chairman.

Senator Brown of the 47th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities has had under consideration the follow ing resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 113. Do pass. HR 146. Do pass.
Respectfully submitted, Brown of 47th District, Chairman.

TUESDAY, MARCH 18, 1975

1891

Senator Lester of the 23rd 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 259. Do pass.
HB 260. Do pass.

Respectfully submitted, Lester of 23rd District, Chairman.

Senator Eldridge of the 7th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
HB 675. Do pass.
Respectfully submitted, Eldridge of 7th District, Chairman.

Senator Reynolds of the 48th District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. President:
Your Committee on Transportation 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 397. Do pass. SB 400. Do pass. SR 96. Do pass. HB 800. Do pass.
Respectfully submitted, Reynolds of 48th District, Chairman.

1892

JOURNAL OF THE SENATE,

The following bills and resolutions of the Senate and House were read the second time.

HB 259. By Representative Connell of the 87th:
A bill to amend an Act establishing the State Employees' Retirement System so as to change the retirement requirements and benefits for certain personnel of the Department of Revenue.

HB 260. By Representative Connell of the 87th:
A bill to amend an Act establishing the State Employees' Retirement System so as to entitle Department of Natural Resources Law Enforce ment personnel to certain payments for a disability due to an act of external violence or injury incurred in line of duty.

HR 334. By Representatives Reaves of the 147th, Collins of the 144th, Matthews of the 145th and others:
A resolution commending the University of Georgia College of Agricul ture Experiment Stations.

HR 335. By Representatives Hudson of the 137th, Matthews of the 145th, Rainey of the 135th and others:
A resolution urging the United States Congress to increase support prices and loan programs for cotton.

HR 337. By Representatives Matthews of the 145th, Castleberry of the lllth, McCollum of the 134th and others:
A resolution requesting the United States Department of Agriculture to issue a statement of intention concerning the federal peanut program.

HB 91. By Representatives Cole and Foster of the 6th:
A bill to amend Code Section 26-1704, relating to bad checks, so as to define the offense of criminal issuance of a bad check; to provide prima facie evidence of such offense; to provide punishments for such offense.

HB 183. By Representatives Howard and Cooper of the 19th, Nix of the 20th and others:
A bill to amend Code Chapter 26-25, relating to obstruction of law enforcement so as to create the crime of bail jumping.

HB 484. By Representative Ham of the 80th:
A bill to amend Code Section 88-1721, relating to the correction and amendment of vital records, so as to provide for a procedure for the

TUESDAY, MARCH 18, 1975

1893

obtaining of orders from the superior courts requiring the change of a year of birth, the correction of a delayed birth certificate or the removal of the name of a father from a birth certificate on file.

HB 544. By Representatives Whitmire, Wood and Jackson of the 9th:
A bill to amend an Act known as the "Unliquidated Damages Interest Act" so as to remove the limitation on the sum of unliquidated damages to which the interest shall apply.

HB 765. By Representatives Howard of the 19th, Edwards of the 20th, Cooper of the 19th and Harrison of the 20th:
A bill to amend Section 24-2805 of the Code of Georgia relating to the surety bonds which must be given by sheriffs for the faithful discharge of their duties so as to increase the amount of said bond.

SB 397. By Senator Fincher of the 54th:
A bill to amend an Act known as the "Litter Control Law", approved March 20, 1970 (Ga. Laws 1970, p. 494), as amended, so as to add dis carded automobiles to the definition of the term "litter"; to repeal con flicting laws.

SB 400. By Senator Sutton of the 9th:
A bill to amend Code Section 68A-1106 relating to riding in house trailers, so as to limit the provisions of said Section to towed house trailers; to provide an effective date.

SR 96. By Senator Reynolds of the 48th:
A resolution proposing an amendment to the Constitution so as to amplify the areas of regulation of outdoor advertising and junk yards and the acquisition of necessary property interests adjacent to the Fed eral-aid Highway System; to provide for the submission of this amend ment for ratification or rejection.

HB 800. By Representatives Evans of the 99th and Walker of the 115th:
A bill to amend Code Section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, as amend ed.

HB 766. By Representatives Howard of the 19th, Edwards of the 20th, Cooper of the 19th and others:
A bill to amend Section 24-1704 of the Code of Georgia relating to the surety bonds which must be given by judge of probate courts for the faithful discharge of their duties so as to increase the amount of said bond.

1894

JOURNAL OF THE SENATE,

HB 167. By Representatives Howard of the 19th, Edwards of the 20th, Cooper of the 19th and others :
A bill to amend Section 24-2713 of the Code of Georgia relating to the surety bonds which must be given by clerks of superior courts for the faithful discharge of their duties so as to increase the amount of said bond.

HB 768. By Representatives Howard of the 19th, Edwards of the 20th, Cooper of the 19th and others:
A bill to amend an Act which provides for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the superior court level so as to provide for bonds for clerks of the state courts.

HB 841. By Representatives Knight of the 67th, Bray of the 70th, Larsen of the 119th and others:
A bill to provide that it shall be unlawful for any person to avoid or attempt to avoid the payment for telecommunication services.

HB 61. By Representative Howell of the 140th:
A bill to amend Code Title 22, relating to corporations, so as to reduce the penalty imposed upon profit and nonprofit corporations for the late filing of annual reports.

HB 440. By Representative Larsen of the 27th :
A bill to amend an Act which authorized the acceptance and payment of cash bonds from persons charged with violations of traffic laws, so as to include within the purview of said Act violation of litter laws.

HB 466. By Representative Irvin of the 23rd:
A bill to amend an Act to limit the effect of and time for enforcing conveyances of real property to secure debt by providing for a reversion of title, so as to require that certain additional information shall be recorded in the deed records of the county upon foreclosure of a mortgage and the subsequent sale of such property.

HB 762. By Representative Hatcher of the 131st:
A bill to amend Code Section 79A-828, relating to forfeitures under the "Georgia Controlled Substances Act", so as to provide for forfeiture of conveyances in which certain amounts of marijuana is found.

HR 143. By Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th and others :
A resolution authorizing the State Librarian to furnish the new Judge

TUESDAY, MARCH 18, 1975

1895

"'ft

Isf.

of the Superior Court of the Dougherty Judicial Circuit with certain

H

books.

HR 113. By Representative Greer of the 43rd:
A resolution authorizing and empowering the State Properties Commis sion to act for and on behalf of and in the name of the State of Georgia with respect to certain transactions involving State-owned real property located in Atlanta, Ga.

HR 146. By Representatives Parham of the 109th and Baugh of the 108th:
A resolution authorizing the conveyance of certain real property located in Baldwin County, Georgia; to repeal a Resolution authorizing the conveyance of certain real property located in Baldwin County.

HB 170. By Representatives Murphy of the 18th, Vaughn of the 57th, Burruss of the 21st and others:

A bill to make and provide appropriations for the fiscal year beginning

:.-.

July 1, 1975, and ending June 30, 1976; to make and provide such appro-

a-

priations for the operation of the State Government, its departments,

&;

boards, bureaus, commissions, institutions, and other agencies, and for

1-

the university system, common schools, counties, municipalities, political

subdivisions and for all other governmental activities.

HB 675. By Representatives Evans of the 84th, Colwell of the 4th, Cox of the 141st and others:
A bill to amend an Act known as Georgia Building Authority Act, Amended-Security Guards, so as to provide that it shall be illegal to beg, panhandle, solicit, or to sell goods, ware, or other objects or services within State buildings, or on the grounds, sidewalks or other ways, except under certain conditions and to authorize the Authority to provide for security guards under certain conditions.

SB 394. By Senators Dean of the 31st, Sutton of the 9th and Carter of the 14th:
A bill to authorize the State Personnel Board to provide a health insur ance plan for public school employees of the State of Georgia; to define certain terms; to provide for the contents of such health insurance plan and persons eligible to participate in such plan; to provide for exclusions.

SB 391. By Senators Hudgins of the 15th and Pearce of the 16th:
A bill to provide for the creation of a Hospital Authority in each municipality of the State having a population in excess of 100,000 and located in a county having a population of not less than 165,000 nor more than 180,000, according to the United States Decennial Census of 1970 or any future such census; to define certain terms; to provide for the membership of the Authority, their powers and compensation.

1896

JOURNAL OF THE SENATE,

|

SB 393. By Senator Kennedy of the 4th:

fl

A bill to create the Multi-City Water and Sewerage Authority to func-

j

tion in Evans County, Georgia; 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 individuals, private concerns, municipal corpora

tions, the State of Georgia, its political subdivisions and instrumentali

ties thereof.

HB 290. By Messrs. Adams of the 36th and Games and Greer of the 43rd:
A bill to amend an Act approved August 13, 1924, providing a system of pensions for members of paid fire departments in cities having a population of more than 150,000, so as to provide increased pension benefits for such members and their dependents.

HB 506. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to amend an Act establishing the Board of Commissioners of Long County so as to provide for an operating budget for the county.

|

HB 507. By Representatives Rush of the 121st and Fraser of the 139th:

A bill to amend an Act establishing the Board of Commissioners of Long County so as to change the provisions relative to the compensation of the clerk of the commissioners.

HB 625. By Representative Sigman of the 74th:
A bill to amend an Act providing for a new Board of Education of Newton County so as to change the provisions relative to the Chairman of the Board of Education of Newton County; to change the compensa tion of the members of the board of education.

HB 698. By Representatives Leggett of the 153rd and Harden of the 154th:
A bill to amend an Act placing the Tax Commissioner of Glynn County on an annual salary so as to change certain provisions relating to the compensation of the deputy; to change the number of authorized addi tional clerks.

HB 755. By Representatives Harden of the 154th and Leggett of the 153rd:
A bill to amend an Act placing the Sheriff of Glynn County upon an annual salary so as to change the provisions relating to personnel with the sheriff's office.

HB 793. By Representatives Foster and Wheeler of the 152nd: A bill to provide for expense allowances for the chairman and members

TUESDAY, MARCH 18, 1975

1897

of the board of commissioners in all counties of this State having a population of not less than 5,900 and not more than 6,000.

HB 919. By Representatives Foster and Wheeler of the 152nd:
A bill to provide for a cost-of-living increase in compensation for the Sheriff, Probate Court Judge, Clerk of Superior Court and Tax Com missioner of Brantley County.

HB 920. By Representatives Harris and Stone of the 138th:
A bill to amend an Act creating a new charter for the City of Odum, so as to redefine the town limits.

HB 942. By Representatives Foster and Wheeler of the 152nd:
A bill to provide for the election of members of the Board of Education of Brantley County; to provide for education posts.

HB 968. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Long 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.

HB 969. By Representatives Rush of the 121st, and Fraser of the 139th:
A bill to consolidate the offices of Tax Receiver and Tax Collector of Long County into the office of the Tax Commissioner of Long County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner.

HB 970. By Representatives Rush of the 121st and Fraser of the 139th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Long 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.

HB 987. By Representative Smith of the 78th:
A bill to amend an Act placing the Sheriff of Butts County upon an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff.

HB 1043. By Representatives Foster and Wheeler of the 152nd:
A bill to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court

1898

JOURNAL OF THE SENATE,

and the Tax Commissioner of Camden County; to provide for the pay ment of the cost-of-living increase in compensation out of the general funds of Camden County.

HB 1047. By Representative Irvin of the 10th:
A bill to amend an Act incorporating the City of Toccoa so as to in crease the number of city commissioners and to provide for their terms of office and to provide for a referendum thereon.

HB 1049. By Representatives Johnson and Harris of the 8th: A bill to recreate and reincorporate the City of Woodstock.

HB 1052. By Representative Sizemore of the 136th:
A bill to provide for the election of members of the Board of Education of Worth County by the people and for the appointment of the County School Superintendent of Worth County by the Board; and for other pur poses.

HB 1060. By Representative Murphy of the 18th:
A bill to amend an Act incorporating the City of Buchanan so as to change the provisions relating to the mayor's court and the punishments which may be imposed by said court.

HB 1061. By Representative Murphy of the 18th:
A bill to amend an Act providing an annual salary for the Treasurer of Haralson County so as to change the compensation of the Treasurer of Haralson County.

HB 1062. By Representative 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 of Haralson County.

HB 1063. By Representative Murphy of the 18th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Haralson County into the office of Tax Commissioner of Haralson County so as to change the provisions relating to the compen sation of the clerical assistant of the tax commissioner.

HB 1064. By Representative Murphy of the 18th:
A bill to amend an Act placing the Sheriff and Judge of the Probate Court of Haralson County on an annual salary in lieu of the fee system

TUESDAY, MARCH 18, 1975

1899

of compensation so as to change the provisions relating to deputies of the sheriff; to authorize the sheriff to appoint two additional full-time deputy sheriffs and two part-time deputy sheriffs.

HB 1065. By Representative Murphy of the 18th:
A bill to amend an Act placing the Sheriff and Judge of the Probate Court of Haralson County on an annual salary in lieu of the fee system of compensation so as to change the provisions relating to the compensa tion of the clerk of the Judge of the Probate Court.

HR 243. By Representatives Harden of the 154th and Leggett of the 153rd:
A resolution abandoning certain property in the City of Brunswick, Glynn County, Georgia, for use by the Brunswick Port Authority.

HB 1069. By Representatives Keyton of the 143rd and Reaves of the 147th:
A bill to provide a new Charter for the City of Barwick, Georgia, in the Counties of Thomas and Brooks.

HB 949. By Representative Dixon of the 151st:
A bill to provide for the election of members of the Board of Education of Charlton County.

HB 957. By Representative Sweat of the 150th:
A bill to amend an Act placing the sheriff of Clinch County upon an annual salary so as to change the compensation of the sheriff; to change the provisions relative to the automobiles used by the sheriff.

HB 958. By Representative Sweat of the 150th:
A bill to amend an Act creating a new charter for the City of Homerville so as to provide the time period within which candidates shall qual ify for the offices of mayor and aldermen; to provide for the numbering of positions of membership on the council.

HB 1003. By Representative Matthews of the 145th:
A bill to provide a new Charter for the City of Funston, Georgia, in the County of Colquitt.

HB 1007. By Representatives Kreeger of the 21st, Wilson of the 19th, Harrison of the 20th and others:
A bill to amend an Act creating a new character for the City of Smyrna so as to increase the corporate limits of the City of Smyrna.

1900

JOURNAL OF THE SENATE,

HB 1009. By Representatives Beckham of the 89th, Sams of the 90th and Calhoun of the 88th:
A bill to unify the governments of the City of Augusta and Richmond County to create within Richmond County a single county-wide govern ment through the creation and establishment of a new political entity to be known as "Augusta-Richmond County".

HB 1057. By Representative Howell of the 140th:
A bill to amend an Act placing the clerk of the superior court of Seminole County upon an annual salary so as to change the provisions relat ing to the payment of personnel within the clerk's office.

HB 1070. By Representative Bray of the 70th:
A bill to amend an Act providing a new charter for the City of Talbotton so as to change the date for municipal elections and the provisions relating thereto.

HB 1085. By Representatives Miles of the 86th, Connell of the 87th and Dent of the 85th:
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 Board of Commissioners shall be allowed to purchase any goods, materials or supplies used by Richmond County in its govern mental affairs without bid or legal advertisement when the cost of same does not exceed $1,500.00.

HB 1093. By Representatives Karrh of the 106th and Clifton of the 107th:
A bill to create and establish a Small Claims Court in and for Emanuel County.

HB 1102. By Representatives Smith of the 78th and Tucker of the 73rd:
A bill to amend an Act creating a new charter for the City of Jackson so as to provide for the annexation of certain additional territory into the corporate limits of the City of Jackson.

HB 1113. By Representative Phillips of the 91st:
A bill to amend an Act placing the Coroner of Harris County upon a monthly salary so as to change the salary of the coroner.

HB 1114. By Representative Phillips of the 91st:
A bill to provide for the election of members of the Board of Education of Harris County; to provide that the Board of Education of Harris County shall consist of five members; to provide for education districts.

TUESDAY, MARCH 18, 1975

1901

HB 1116. By Representative Phillips of the 91st:
A bill to amend an Act creating and incorporating the City of Shiloh so as to change the terms of office of the mayor and councilmen; to change the date for elections of the mayor and councilmen.

HB 1119. By Representatives Miles of the 86th, Beckham of the 89th, Calhoun of the 88th and others:
A bill to provide that in certain counties no company providing water or sewerage services may increase their rates for such services without the approval of the governing authority of the county in which such services are provided.

HB 1121. By Representatives Sams of the 90th, Beckham of the 89th, Dent of the 85th and others:
A bill to provide that in all counties of this State having a population of not less than 145,000 nor more than 165,000 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 1122. By Representatives Wall of the 61st and Russell of the 64th:
A bill to amend an Act incorporating the Town of Carl, so as to change the terms of office of the mayor and councilmen; to set the maximum salary of the mayor and councilmen; to fix the maximum ad valorem tax millage rate; to fix the maximum fee which may be charged for business licenses.

HB 1136. By Representatives Johnson and Harris of the 8th:
A bill to amend an Act creating a Charter for the Town of Waleska so as to provide for a Recorder's Court; to provide for the jurisdiction of said court.

SR 168. By Senators Stephens of the 36th, Hudson of the 35th, Hamilton of the 34th and others:
A resolution relative to the Atlanta Board of Education.

SR 163. By Senator Summers of the 53rd:
A resolution proposing an amendment to the Constitution, so as to provide for a certain disposition of fees, costs and fines received or collected by the Tax Commissioner of Chattooga County from the Board of Education of Chattooga County; to provide for submission of this amendment for ratification or rejection.

1902

JOURNAL OF THE SENATE,

SB 221. By Senator Stephens of the 36th:
A bill establishing a municipal court of the City of Atlanta (now the civil court of Fulton County), as amended, so as to change the cost deposit requirement, and the costs charged by the clerk and marshal of said court.

SB 396. By Senators Garrard of the 37th, Hudson of the 35th, Hamilton of the 34th and others:
A bill to establish a promotional system for the police departments of all municipalities in this State with a population of 300,000 or more, accord ing to the United States Decennial Census of 1970, or any future such census; to provide a declaration of purpose; to provide definitions; to provide the ranks' to which this Act is applicable; to provide for promotional eligibility.

SB 398. By Senator Stephens of the 36th:
A bill to waive the governmental immunity of Fulton County, a political subdivision of the State of Georgia, from claims by Edna H. Sosby, widow of Thomas Franklin, Sosby; Ada Lee Avery, widow of Coley Lewis Avery; and Marie Brown Skinner, mother of Gregory Lou Skinner; and Jack Cox, for damages arising from the deaths of Sosby, Avery and Skinner and personal injury to Cox, resulting from collision with a Fulton County vehicle on December 16, 1974.

HB 97. By Mr. Greer of the 43rd:
A bill to amend an Act providing that cities having a certain population (500,000 or more) shall furnish pensions to officers and employees of such cities, so as to provide that an accurate statement of accumulations in the pension fund shall be sent to each employee at the end of each year.

HB 139. By Messrs. Greer and Games of the 43rd:
A bill to amend an Act entitled "An Act to provide for the retirement of the judges and solicitor-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County, and the judge of the Juvenile Court of Fulton County."

HB 355. By Mrs. Glover of the 32nd:
A bill to amend an Act providing for a board of registration and elec tions in each county of this State having a population of more than 500,000 so as to change the provision relative to the elections supervisor.

HB 370. By Mr. Townsend of the 24th:
A bill to amend an Act abolishing the fee system of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit

TUESDAY, MARCH 18, 1975

1903

so as to provide that the compensation of the assistant district attorneys shall be fixed by the district attorney within specified limits.

HB 561. By Representative Edwards of the 110th:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Marion County and providing in lieu thereof an annual salary so as to change the compensation of the sheriff.

HB 562. By Representative Edwards of the 110th:
A bill to amend an Act consolidating the Office of Tax Receiver and Tax Collector in the County of Marion into the Office of Tax Commis sion of Marion County so as to change the compensation of the tax commission.

HB 648. By Representative Fraser of the 139th:
A bill to amend an Act incorporating the City of Walthourville so as to change certain provisions relating to City elections.

HB 664. By Representative Ham of the 80th:
A bill to abolish the present mode of compensating the Judge of the Probate Court of Jones 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.

HB 684. By Representative Reaves of the 147th:
A bill to amend an Act amending, revising, superseding and consolidat ing the laws creating and governing the Board of Commissioners of Echols County so as to change the compensation of the members of the Board of County Commissioners of Echols County.

HB 685. By Representative Reaves of the 147th: A bill to amend an Act placing the Sheriff of Echols County on an annual salary in lieu of the fee system of compensation so as to change the maximum amount which the sheriff may receive as salary.
HB 748. By Representative Fraser of the 139th: A bill to amend an Act creating the Board of Commissioners of Liberty County so as to change the compensation of the chairman and members of the board of county commissioners.
HB 897. By Representative Miles of the 86th: A bill to amend an Act establishing the State Court of Richmond County so as to define the duties and powers of said court; to provide that said

1904

JOURNAL OF THE SENATE,

court shall have jurisdiction and enforce ordinance of the Board of Com missioners of Richmond County.

HB 898. By Representative Miles of the 86th:
A bill to carry into effect an amendment to the Constitution of the state of Georgia as found in Ga. Laws 1968, p. 1506, so as to empower the governing authority of Richmond County to adopt ordinances for the policing and governing of said county and the enforcement of all duties now or hereafter vested in said governing authority.

HB 946. By Representative Dixon of the 151st:
A bill to amend an Act placing the clerk of the superior court of Charlton County upon an annual salary so as to change the compensation of the clerk.

HB 947. By Representative Dixon of the 151st:
A bill to amend an Act placing the sheriff and judge of the probate court of Charlton upon an annual salary so as to change the compensation of the sheriff.

HB 948. By Representative Dixon of the 151st:
A bill to amend an Act consolidating the offices of the tax receiver and tax collector of Charlton County so as to change the compensation of the tax commissioner; to provide for a change in the disposition of certain commissions allowed tax commissioners.

The President ordered the morning roll call, and the following Senators answered to their names:

Ballard Banks Barker Barnes Bell Brantley
Brown of 47th
Carter
Coverdell
Dean of 31st Doss
Duncan
Eldridge Fincher
Foster
Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Howard Hudgins
Hudson
Kennedy
Kidd
Langford
Lester
Lewis McDowell
McDuffie
McGill
Overby

Pearce Reynolds Riley Robinson Russell Shapard
Starr
Stephens
Stumbaugh
Summers Sutton
Thompson
Timmons Turner
Tysinger
Warren

TUESDAY, MARCH 18, 1975

1905

Those not answering were Senators:

Bond ' Broun of 46th Dean of 6th

Holloway Tate

Traylor Young

Senator Shapard of the 28th introduced as Chaplain, The Reverend Floyd Carmack, pastor, Bonanza United Church of Christ, Hampton, 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 disagreed to the Senate substitute to the following bill of the House, to-wit:

HB 998. By Representatives Johnson and Thomason of the 8th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees so as to change the provisions relative to the compensation of the deputies and clerical assistants of said officers.

SENATE RULES CALENDAR
Tuesday, March 18, 1975
SB 227. Unpaid Auto Tax--power of county to collect SB 325. Agents Handling Money for Third Party--bonds (SUB) SB 370. Expert Testimony--admissibility of physician's testimony SB 372. Georgia Medical Consent Law--relating to SB 374. Atlanta School Bus Driver--good physical and mental health (SUB) SB 388. Quality of Life Council for Children and Youth--create (AM) SB 395. Municipal Electric Authority--instrumentality of State SR 59. Homestead Exemption--provisions for 62 year olds (AM) SR 60. Homestead Exemption--provisions for 62 year olds (AM) SR 148. Baldwin County--conveyance of certain real property SR 151. Jenkins County--conveyance of certain real property SR 157. Grady County--lease of certain real property (SUB) HB 44. Taxes and License Fees--refund of over payment

1906

JOURNAL OF THE SENATE,

HB 196. Automatic Recount of Vote--certain circumstances HB 268. Superior Court Judge's Secretary--State Merit System (AM) HB 288. Superior Court Jurors--selection by mechanical means HB 289. Board of Jury Commissioners--appointment HB 319. Municipal Employees' Retirement--redefine employee HB 482. Court Reporter Fees--Judicial Council set fees HB 527. Tax Assessment or Refunds Claimed--reduce time (AM) HB 528. Income Tax--rate of interest (AM) HB 580. Residential Finance Agency Authority--change membership (SUB) HB 586. Property Subject to State Tax Lien--release of
HB 647. Shoplifting--specify criminal intent element
HB 820. Insurance Premium Finance-change license fee and additional require ments
HB 825. Executive Reorganization Act-Bureaus in Community Development Department
HB 851. Water and Sewer Contracts--provisions for retained amounts
HB 971. Professional Engineering and Land Surveying--regulate practice (AM)
HB 990. Department of Community Development Board of Commissioners-- membership
HR 98. Motor Fuel Permits and Taxes--uncollected check balances
HR 206. Bartow County--conveyance of State property
HR 245. Conveyance of Certain State-Owned Easement--highway purposes

Respectfully submitted,
/s/ Frank Eldridge of the 7th, Chairman Senate Rules Committee

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 227. By Senator Stephens of the 36th:
A bill to amend an Act providing for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes and providing for a different rate, method of assess ment and manner of collecting ad valorem taxes due thereon, approved March 16, 1966 (Ga. Laws 1966, p. 517), as amended, to repeal conflict ing laws.

TUESDAY, MARCH 18, 1975

1907

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 Banks Barker Bell Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Elridge Garrard Gillis

Hamilton of 34th Hill Holley Howard Hudgins Hudson Kennedy Kidd Langford Lewis McDowell McDuffie

Overby Reynolds Riley Shapard Starr Stephens Stumbaugh Summers Sutton Thompson Tysinger Warren

Those not voting were Senators:

Barnes Bond Brantley Dean of 6th Duncan Fincher Foster

Hamilton of 26th Holloway Lester McGill Pearce Robinson

Russell Tate Timmons Traylor Turner Young

On the passage of the bill, the yeas were 37, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 325. By Senator Garrard of the 37th:
A bill to require bond from certain agents, collection agents and certain others who receive or handle monies for payment to third parties; to prevent fraud or misappropriation of funds by certain agents.

The Committee on Judiciary offered the following substitute to SB 325:
A BILL
To be entitled an Act to require bond from certain agents, collection agents and certain others who receive or handle monies for'payment to third parties; to provide for exceptions from the bonding requirement

1908

JOURNAL OF THE SENATE,

for certain agents; to prevent fraud or misappropriation of funds by certain agents; to provide a fund from which restitution can be had where monies are misappropriated by certain agents or otherwise not paid over by such agents in accordance with lawful agreement or instruc tions; to provide punishment by fine or imprisonment for failure to post such bond; 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. Any person, corporation, partnership, association or any other entity which engages in the business of receiving cash from patrons as payment of obligations owed by such patrons to third parties, with the understanding that such person, corporation, partnership, association or other entity will act as agent of the patron in making payment direct ly to the third party, must, as a condition to engaging in such a busi ness, post a bond as security in the amount of $50,000.00 with the clerk of the superior court in the county in which its principal place of busi ness is located; provided, however, that no such bonding requirement need be met by any person, corporation, partnership, association or other entity who or which handles or administers fewer than twenty payments per month; provided further, that no such bonding requirement need be met by any person, corporation, partnership, association or other entity who or which has received written authorization from a third party to act as agent for said third party. Written authorization to the agent from one or more third parties does not relieve the agent from posting the security bond as required by this subsection if the agent is receiving twenty or more cash payments owed to one or more other third parties from whom no written authorization has been received.

Section 2. Failure to any such agent to pay over monies in accord ance with lawful instructions or agreement shall entitle the third party to whom payment should have been made to restitution of monies en trusted and not so paid over from such posted bond to the extent of the amount thereof; provided, however, that no payment on bond made in accordance with this Act shall relieve any agent of any civil liability to the patron for sums misappropriated or not properly paid over or of any criminal liability for fraud, theft, conversion, breach of fiduciary duty or other offense.

Section 3. Failure to post a bond as required under this Act shall constitute a misdemeanor, punishable by a fine of not less than $300.00 nor more than $3,000.00 or by imprisonment for not more than six months, or both.

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted.

TUESDAY, MARCH 18, 1975

1909

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 Banks Barker Barnes Bell Brantley Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Voting in the negative was Senator Warren.

Overby Pearce Reynolds Riley Robinson Shapard Starr Stephens Stumbaugh Summers Button Thompson Timmons Tysinger Young

Those not voting were Senators:

Bond Broun of 46th Dean of 6th

Duncan Hill Russell

Tate Traylor Turner

On the passage of the bill, the yeas were 46, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Holley of the 22nd moved that the following bill of the House be withdrawn from the Committee on Human Resources and committed to the Com mittee on Banking, Finance and Insurance:

HB 191. By Representatives Burton of the 47th, Chance of the 129th, Jones of the 126th and others:
A bill to amend Code Chapter 56-31, relating to group and blanket insur ance so as to provide that whenever any group or blanket accident or sickness or accident and sickness insurance policy or contract or certif icate provides for reimbursement for any service which is within the

1910

JOURNAL OF THE SENATE,

lawful scope of practice for an applied psychologist, any person covered by such policy or contract shall be entitled to reimbursement.

On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 191 was withdrawn from the Committee on Human Resources and committed to the Committee on Banking, Finance and Insurance.

Senator Fincher of the 54th moved that the following bill of the Senate be postponed until 11:00 o'clock A.M., March 19:

SB 370. By Senators Fincher of the 54th, Kidd of the 25th and Garrard of the 37th:
A bill to amend Code Section 38-1710 relating to the admissibility of expert testimony, so as to provide conditions for the admissibility of expert testimony by physicians on medical questions in certain cases.

On the motion, the yeas were 24, nays 10; the motion prevailed, and SB 370 was postpned until 11:00 o'clock A.M., March 19.

The following bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:

SB 372. By Senators Fincher of the 54th, Kidd of the 25th and Garrard of the 37th:
A bill to amend Code Chapter 88-29, the "Georgia Medical Consent Law", as amended, so as to provide that said Chapter shall not apply insofar as it may conflict with the provisions of certain existing laws; to change the definition of "emergency"; to prohibit recovery against physicians under certain circumstances.

Senator Barnes of the 33rd moved that SB 372 be committed to the Committee on Judiciary.

On the motion, the yeas were 34, nays 4; the motion prevailed, and SB 372 was committed to the Committee on Judiciary.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 389. By Representative Knight of the 67th:
A bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic cor porations so as to provide the circumstances under which said Act shall become effective.

TUESDAY, MARCH 18, 1975

1911

Senator Duncan of the 30th moved that the Senate adhere to the amendment of the Senate to HB 389 and that a Committee of Conference be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the amend ment of the Senate to HB 389 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Duncan of the 30th, Foster of the 50th and Doss of the 52nd.

Senator Starr of the 44th 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 374. By Senators Stephens of the 36th, Hudson of the 35th and Garrard of the 37th:
A bill to provide that in all municipalities of this State having a population of 400,000 or more, according to the U. S. Decennial Census of 1970 or any future such census, each school bus driver, who is em ployed by an individual or private corporation and who through such individual or corporation transports students to public schools within such a municipality, shall be in good physical and mental health and of good moral character.

The Committee on Education offered the following substitute to SB 374:
A BILL
To be entitled an Act to provide that in all municipalities of this State having a population of 400,000 or more, according to the United States Decennial Census of 1970 or any future such census, each school bus driver, who is employed by an individual, private corporation or authority and who through such individual, corporation or authority transports students to public schools within such a municipality, shall be in good physical and mental health; to prohibit certain persons from being school bus drivers; to provide for physical examinations, finger prints and registration; to provide for criminal identification; 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 provisions of any other law of this State to the contrary notwithstanding, in all municipalities of this State having a population of 400,000 or more, according to the United States Decennial

1912

JOURNAL OF THE SENATE,

P

Census of 1970 or any future such census, each school bus driver, who is

s*

employed by an individual, private corporation or authority and who



through such individual, corporation or authority transports students

to public schools within such a municipality, shall be in good physical

and mental health. No person shall be permitted to drive a school bus

who has been convicted of a felony or any crime involving moral turpi

tude that would tend to question his honesty and integrity, or who is

an alcoholic, present or former drug addict, someone presently in a drug

treatment program, drifter, vagrant or person with a record of mental

illness, or who has been discharged from the military service under other

than honorable conditions.

Section 2. An individual, private corporation or authority em

ploying school bus drivers covered by the provisions of Section 1 shall

furnish the board of education of any independent school district in such

a municipality with the name, photograph, fingerprints, evidence of a

physical examination signed by a person authorized to practice medicine

pursuant to Code Chapter 84-9, as now or hereafter amended, and such

other information required by the board of education. The board shall

forward the two sets of fingerprints received from each individual to

the Georgia Crime Information Center of the Department of Public

Safety for the purpose of criminal identification through the finger-

,:'

print system of identification established by such department and the

;:

fingerprint system of identification established by the Director of the

s

Federal Bureau of Investigation at Washington, D. C.

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall be applicable to the transportation of students .to public schools in such municipalities after August 1, 1975.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 35, nays 0, 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, 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

;

Banks

?'

Barker

;.

Barnes

v

Bell

>

Brown of 47th

Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge

Fincher Foster Gillis Hamilton of 26th Hamilton of 34th Hill

TUESDAY, MARCH 18, 1975

1913

Holley Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis

McDowell

McDuffie

McGill

Overby

Pearce

Reynolds

Russell



Shapard

Stephens

Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Warren

Those not voting were Senators:

Bond Brantley Broun of 46th Duncan

Garrard Langford Riley Robinson

Starr (presiding) Tate Traylor Young

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.
SB 388. By Senator Fincher of the 54th:
A bill to create the Quality of Life Council for Children and Youth; to provide for the composition, appointment, terms of office, and of ficers of the Council; to provide for rules and procedures; to provide for meetings; to provide that the council shall serve in an advisory capacity; to provide for the duties of the council in its advisory capacity.

The Committee on Human Resources offered the following amendment:
Amend SB 388 by striking from Section 3 on Page 2, beginning on line 25, the following:
"Each member of the council shall be reimbursed for expenses incurred from funds of the Department of Human Resources.",
and
By inserting in lieu thereof the following:
"Members of the council shall receive no salary but shall be reimbursed for their expenses in attending meetings and for trans portation cost as authorized by an Act which provides for the compensation and allowances of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701). Such reimbursement shall be made from funds of the Department of Human Resources."

Senator Coverdell of the 40th moved that SB 388 be committed to the Com mittee on Human Resources.

1914

JOURNAL OF THE SENATE,

J'&|

Senator Fincher of the 54th moved the previous question.

I Senator Coverdell of the 40th moved that SB 388 be tabled.

Senator Starr of the 44th, who was presiding, ruled that the motion to table takes precedence.

On the motion to table, the yeas were 20, nays 17; the motion prevailed, and SB 388 was tabled.

The following bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage:

SB 395. By Senators Brown of the 47th and Holloway of the 12th:
A bill to amend an Act creating the Municipal Electric Authority of Georgia (House Bill 31 of the 1975 Georgia General Assembly), so as to provide that the Authority shall be an instrumentality of the State; 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 Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell

McDuffie McGill Overby Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Tate Turner Tysinger Warren .

TUESDAY, MARCH 18, 1975

1915

Those not voting were Senators:

Banks Bond Hill Starr (presiding)

Summers Sutton Thompson

Timmons Traylor Young

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Brown of the 47th moved that SB 395 be immediately transmitted to the House.

On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 395 was immediately transmitted to the House.

SR 59. By Senator Stephens of the 36th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the homestead of each resident of each independent school district who is sixty-two (62) years of age or over and who has an adjusted gross income, including the adjusted gross income of certain members of the family, not exceeding Six Thousand ($6,000.00) Dollars per annum, may be granted an exemption from all ad valorem taxation for educa tional purposes levied for and in behalf of such systems; 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. An amendment to Article VII, Section I, Paragraph IV, of the Constitution ratified on November 7, 1972, (Ga. Laws 1972, p. 1460), which provides:
"The homestead of each resident of each independent school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $6,000.00 per annum, may be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of his city, or with a person designated by the governing authority of such city, giving his age, the amount of income which he received for the immediately preceding calendar year, the income

1916

JOURNAL OF THE SENATE,

which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the governing authority of such city, or the person designated by the governing authority of such city, to make a determination as to whether such owner is entitled to said exemption. The governing authority of the city, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a resi dence, and one or more such title holders possesses 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 exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the man ner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972."

Be and it is hereby repealed in its entirety and the following new paragraph is substituted in lieu thereof:

"The homestead of each resident of each independent school district who is 62 years of age or over who does not have an adjusted gross income, as defined in the Internal Revenue Code of 1954, as now or hereafter amended, together with the adjusted gross income of all members of the family residing within said homestead, ex ceeding $6,000.00 for the immediately preceding taxable year, may be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system. Such adjusted gross income, as used herein, shall include income from whatever source derived, including any Federal Old-Age Survivors or Disability Insurance benefits or benefits received from any retirement or pen sion fund when such benefits are based on contributions made there to by such resident or members of his family residing therein. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of his city, or with a person designated by the governing authority of such city, giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the mem bers of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the governing authority of such city, or the person designated by the governing authority of such city, to make a determination as to whether such owner is entitled to said exemption. The gov erning authority of the city, or the person designated by the said governing authority, shall provide affidavit forms for this pur pose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title

TUESDAY, MARCH 18, 1975

1917

to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this para graph. 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 here and shall claim the exemptions granted by this paragraph in the manner herein provided. The ex emption provided for herein shall apply to all taxable years begin ning after December 31, 1976."

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 each resident of each independent school district who is 62 years of age or over and who has an adjusted gross income
( ) NO from all sources, including the adjusted gross income of certain members of the family, not exceeding $6,000.00 for the immediately preceding year, may be granted an exemption 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 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, Finance and Insurance offered the following amendment:
Amend SR 59 by adding on Page 3, line 13, before the period and after the word "therein" the following:
"and including income from tax exempt securities".

On the adoption of the amendment, the yeas were 30, nays 0, and'the amend ment was adopted.

1918

JOURNAL OF THE SENATE,

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, 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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Duncan Eldridge Fincher

Foster Gillis Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby Pearce

Reynolds Riley Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Voting in the negative was Senator Hill.

Those not voting were Senators:

Bond Garrard Holley

Holloway McGill Robinson

Starr (presiding) Traylor

On the adoption of the resolution, the yeas were 47, nays 1.

The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 60. By Senator Stephens of the 36th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the homestead of each resident of each county school district who is sixty-two (62) years of age or over and who has an adjusted gross in come, including the adjusted gross income of certain members of the family, not exceeding Six Thousand ($6,000.00) Dollars per annum, may be granted an exemption from all ad valorem taxation for educa tional purposes levied for and in behalf of such systems; to provide for

TUESDAY, MARCH 18, 1975

1919

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. An amendment to Article VII, Section I, Paragraph IV of the Constitution, ratified on November 7, 1972 (Ga. Laws 1972, p. 1463), provides as follows:

"The homestead of each resident of each 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 re siding within said homestead, exceeding $6,000.00 per annum, may be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including 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 Receiver or Tax Commissioner of his county giving his age, the amount of income which he received for the immediately preced ing calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the Tax Receiver or Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Receiver or Tax Commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such proper ties, if claimed in the manner provided by one or more of the owners actually residing on such property. Such exemptions shall also ex tend to those homesteads, the title to which is vested in an admin istrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications pro vided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided herein shall apply to all taxable years beginning after December 31, 1972."

Be and it is hereby repealed in its entirety and the following new paragraph is substituted in lieu thereof:

"The homestead of each resident of each county school district who is 62 years of age or over who does not have an adjusted gross income, as defined in the Internal Revenue Code of 1954, as now or hereafter amended, together with the adjusted gross income of all members of the family residing wtihin said homestead, exceeding $6,000.00 for the immediately preceding taxable year, may be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school

1920

JOURNAL OF THE SENATE,

bond indebtedness. Such adjusted gross income, as used herein, shall include income from whatever source derived, including any Federal Old-Age Survivors or Disability Insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such resident or mem bers of his family residing thereon. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Receiver or Tax Commissioner of his 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 other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the Tax Receiver or Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Receiver or Tax Commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall ex tend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title hold ers possesses 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 exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifica tions provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption pro vided for herein shall apply to all taxable years beginning after December 31, 1976."

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 each resident of each county school district who is 62 years of age or over and who had an adjusted gross income from
( ) NO all sources, including the adjusted gross income of certain members of the family, not exceeding $6,000.00 for the immediately preceding year, may be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of the school system?"
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".

TUESDAY, MARCH 18, 1975

1921

If 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, Finance and Insurance offers the following amendment:
Amend SR 60 on Page 3, line 11, by adding before the period and after the word "thereon", the following:
"and including income from tax exempt securities".

On the adoption of the amendment, the yeas were 35, nays 0, and the com mittee 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, 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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Voting in the negative was Senator Hill.

Those not voting were Senators:

Bond Duncan Fincher

Starr (presiding) Summers

Overby Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Sutton Tate Timmons Turner Tysinger Warren Young
Thompson Traylor

On the adoption of the resolution, the yeas were 48, nays 1.

1922

JOURNAL OP THE SENATE,

The resolution, having received the requisite constitutional majority, was adopted as amended.

SR 148. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property lo cated 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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Duncan Eldridge Fincher Foster Gillis

Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Bond Coverdell Dean of 31st Doss

Garrard Hill Holley Holloway

Riley Starr (presiding) Thompson Traylor

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SR 151. By Senator Lewis of the 21st:
A resolution authorizing the conveyance of certain real property located in Jenkins County, Georgia.

TUESDAY, MARCH 18, 1975

1923

Senator Lewis of the 21st offered the following amendment: Amend SR 151 by striking from line 18 of Page 3 the following: "State Properties Commission",

and substituting in lieu thereof: "Governor".

And, by striking from lines 18 and 19 of Page 3 the following:

"said Commission",

and substituting in lieu thereof:

"the Governor".

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

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 Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Duncan Eldridge Fincher Foster Gillis Hamilton of 26th

Hamilton of 34th Holley Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce

Reynolds Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Banks Bond Coverdell Dean of 31st

Doss Garrard Hill Holloway

Riley Starr (presiding) Traylor

1924

JOURNAL OP THE SENATE,

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following bill of the House was taken up for the purpose of considering a Conference Committee Report thereto:

HB 389. By Representative Knight of the 67th:
A bill to amend an Act providing that banks and certain other financial institutions shall be taxed in the same manner as private domestic corporations so as to provide the circumstances under which said Act shall become effective.

The Conference Committee Report was as follows:

Mr. President: Mr. Speaker:

Your Conference Committee on HB 389 has met and submits the following recommendation:

That the Senate and House recede from their respective positions and the attached Substitute to HB 389 be adopted.

FOR THE SENATE
// J. E. Duncan Senator, 30th District
/s/ John C. Foster Senator, 50th District
/s/ Sam W. Doss Senator, 52nd District

Respectfully submitted,
FOR THE HOUSE
/s/ Nathan G. Knight Representative, 67th District
/s/ Frank Pinkston Representative, 100th District
/s/ Randolph C. Karrh Representative, 106th District

Substitute to House Bill 389:
A BILL
To be entitled an Act to amend Code Chapter 92-24, relating to the taxation of corporations, companies and associations, as amended, so as to provide for the taxation of the shares of banks or banking associa tions organized under the authority of this State or the United States and located within this State; to provide for the method of taxation of the shares of banks or banking associations; to provide for credits for certain real estate taxes; to provide the procedure for returning taxes;

TUESDAY, MARCH 18, 1975

1925

to provide for sworn statements; to authorize the taxing authorities to examine the books of banks or banking associations to determine the correctness of such sworn statements; to authorize taxing authorities to disallow unreasonable unallocated reserves; to provide that banks and trust companies doing a general banking business shall not be required to pay any State income tax, State franchise tax or city or county busi ness license taxes; to provide that a bank or banking association which owns all of the capital stock of a corporation holding, leasing or owning premises upon which an ad valorem tax is levied on such real estate may deduct from the market value of its shares the market value of its equity in said real estate; to provide a credit against the market value of the shares of the bank to adjust for taxes paid by subsidiaries and to exclude capital reserves; to provide that a transfer by a bank or banking association transferring deposits from one branch or office to another branch or office to secure a reduction in the rate of tax on its shares or to change the situs of taxation of any proportion of its shares shall incur a tax penalty; to provide for the taxation of the net worth of state building and loan associations organized under the authority of this State or federal savings and loan associations located within this State; to provide for the method of taxation of the net worth of state building and loan associations and federal savings and loan associations; to define net worth; to provide the procedure for making returns; to provide that state building and loan associations and federal savings and loan associations shall return real estate held or owned by them at its true market value in the county in which the real estate is located; to provide that such associations may deduct from the market value of their net worth their equity in said real estate; to provide that branch savings and loan associations shall be taxed on the full market value of the net worth arising from their operation in the counties, municipal ities and districts in which they are located, and the parent association shall be relieved of taxation to the extent of such net worth; to provide that state building and loan associations and federal savings and loan associations shall not be required to pay any State income tax, State franchise tax or city or county business taxes; to provide for certain tax credits for any calendar year against taxes levied and paid by banks, banking associations, state building and loan associations and federal savings and loan associations; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflict ing laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Code Chapter 92-24, relating to the taxation of corpora tions, companies and associations, as amended, is hereby amended by adding a new Code Section, to be known as Code Section 92-2406, to read as follows:

"92-2406. No tax shall be assessed upon the capital of banks or banking associations organized under the authority of this State or of the United States located within this State, but the shares of the stockholders of the banks or banking associations, whether resident or nonresident owners, shall be taxed at their full market value which is hereby fixed, and shall be determined by

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adding together the amount of the capital stock, paid-in capital, appropriated retained earnings and retained earnings as defined in the Financial Institutions Code of Georgia and as shown on the unconsolidated statement of condition of the bank or banking as sociations of January 1 next preceding the date of making the return as required herein and dividing the result by the number of out standing shares, at the same rate provided by law for the taxation of tangible property in the hands of private individuals, provided, that nothing in this Section shall be construed to relieve such banks or banking associations from the tax on real estate held or owned by them, but they shall return said real estate at its true value in the county, municipality and taxing district where such real estate is located, provided, further, that when real estate is fully paid for the value at which it is returned for taxation may be deducted from the market value of their shares; and if said real estate is not fully paid for, only the value at which the equity owned by them therein is returned for taxation shall be deducted from the market value of their shares. There shall also be deducted from such market value of the shares any portion included therein representing (1) investments in subsidiary banks which themselves are subject to the tax imposed by this Section, (2) the bank's share of undis tributed earnings of such other subsidiaries subject to Georgia corporate taxes, and (3) capital reserves to the extent that such reserves are not unreasonable. The banks or banking associations themselves shall make the returns on or before April 1 of each year of their shares and pay the taxes thereon as herein provided. Banks or banking associations which have no branches shall return all of the shares of all stockholders of such banks or banking associa tions for taxation in the counties, municipalities and districts in which such banks or banking associations are located. Banks or banking associations which have branches shall return for taxation in the respective counties, municipalities and districts in which the banks or banking associations and their branches are located such proportion of the shares of all stockholders of such banks or banking associations as the total deposits on January 1 of each year originating in accounts attributable to each of all such branches and the main office bear to the grand total of all deposits on January 1 of each tax year of such banks or banking associations and shall pay to the respective counties, municipalities and taxing districts the taxes on such proportions of said shares. At the time that a bank or banking association makes its tax returns in the respective counties, municipalities and taxing districts, the bank or banking as sociation shall file with such return a sworn statement showing the total amount of deposits of such bank or banking association on January 1, of such tax year and the amount of the deposits on January 1 of such tax year originating in accounts attributable to the main office and attributable to the branch offices of such bank or banking association. The taxing authorities of each such county, municipality and taxing district are authorized to examine the books of such bank or banking association to determine the cor rectness of such sworn statement, and may disallow any unreason
able unallocated reserves. Provided, further, that banks and trust
companies doing a general banking business shall not be re
quired to pay any State income tax, State franchise tax or city or
county business license taxes.

TUESDAY, MARCH 18, 1975

1927

Where a bank or banking association organized under the au thority of this State or of the United States located within this State owns all of the capital stock of a corporation holding, leasing or owning premises in and on which such bank carries on its busi ness, and an ad valorem tax is levied on such real estate, such bank or banking association may deduct from the market value of its shares the market value of its equity in said real estate, measured by the market value of its capital stock in the holding corporation.
A transfer by a bank or banking association of deposits from one branch or office to another branch or office to secure a reduction in the rate of tax on its shares or to change the situs of taxation of any proportion of its shares shall be wholly ineffective for such purpose and the bank or banking association making such transfer shall pay to the county, municipality and taxing district from which was made such transfer, in addition to the tax hereinbefore imposed, 25 percent of that part of the taxes on its shares which would have been avoided if such transfer had changed the situs of taxation of a proportion of its shares."
Section 2. Said Code Chapter is further amended by adding a new Code Section, immediately following Code Section 92-2406, to be desig nated Code Section 92-2406.1, to read as follows:

"92-2406.1. (a) Every state building and loan association organized under the authority of this State and every federal sav ings and loan association located within this State shall return its net worth at full market value to the tax commissioner or tax re ceiver of the county in which the principal office of such state or federal savings and loan association is situated for ad valorem taxation by the State and county, as in the case of other property. For the purposes of this Section, net worth shall be defined as all surplus, undivided profits and reserves exclusive of the minimum statutory federal insurance reserve in the case of federal associa tions or the minimum State required reserve in the case of statechartered associations. Every such savings and loan association shall, in like manner, return its net worth for taxation by the municipal corporation in which its principal office is situated, as in the case of other property returned for municipal taxation. State building and loan associations and federal savings and loan associa tions shall make the returns on or before April 1 of each year and pay the taxes as provided herein, and every such return shall set forth the market value of such net worth as of January 1 of such year. The effect of this Section shall be that from January 1, 1975, the net worth of every state and federal savings and loan association located in this State shall be subject to ad valorem taxation by the State and by the county and municipality in which the principal of such savings and loan association is located, as provided by the Constitution of this State, in the same manner in which other prop erty is subject to taxation.
(b) State building and loan associations and federal savings and loan associations shall return the real estate held or owned by them at its true market value in the county where the real

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property is located; provided, however, that when real estate is fully paid for, the value at which it is returned for taxation by the savings and loan association which owns it may be deducted from the full market value of the net worth of such savings and loan associations, and if said real estate is not fully paid for, only the value at which the equity owned by them therein is returned for taxation shall be deducted from the full market value of their net worth. Branch savings and loan associations shall be taxed on the full market value of the net worth arising from their operation, in the counties, municipalities and districts in which they are located, and the parent association shall be relieved of taxation to the extent of such net worth. Provided, however, state building and loan as sociations and federal savings and loan associations shall not be required to pay State income tax, State franchise tax or city or county business license taxes."

Section 3. Said Code Chapter is further amended by adding a new Code Section, immediately following Code Section 92-2406.1, to be desig nated Code Section 92-2406.2, to read as follows:

"92-2406.2. Banks and banking associations organized under the laws of this State or the United States and located in this State, federal savings and loan associations, and state building and loan associations shall be entitled to a dollar for dollar tax credit for all tangible personal property taxes, intangible property taxes levied on property owned by such institutions, exclusive of intangible taxes paid on long-term notes secured by real estate, and business license taxes paid to any county or municipality or school district during any calendar year against the taxes levied and paid during such calendar year on the outstanding shares of the State or national banks or the net worth of the state building and loan association or federal savings and loan association."

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall apply to all taxable years beginning on and after January 1, 1975.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the Conference Committee Report, 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 Banks Barnes Bell Brantley Broun of 46th

Brown of 47th Carter Dean of 6th Dean of 31st Duncan Eldridge

Fincher Foster Gillis Hamilton of 26th Hamilton of 34th Hill

Holley Howard Hudson Kennedy Kidd Langford Lester Lewis McDuffie

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1929

McGill Overby Pearce Reynolds Robinson Russell Shapard Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Voting in the negative was Senator Hudgins.

Those not voting were Senators:

Barker Bond Coverdell Doss

Garrard Holloway McDowell

Riley Starr (presiding) Traylor

On the adoption of the Conference Committee Report, the yeas were 45, nays 1; the motion prevailed, and the Conference Committee Report on HB 389 was adopted.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 233. By Senator Reynolds of the 48th:
A bill to create the Gwinnett County Recreation Authority and to autho rize such authority to acquire, construct, equip, maintain and operate an athletic stadium or stadiums and the usual facilities related thereto.

The House substitute was as follows:
A BILL
To be entitled an Act to create the Gwinnett County Recreation Authority and to authorize such authority, to acquire, construct, equip, maintain and operate an athletic stadium or stadiums and the usual facilities related thereto, recreational centers and areas, including, but not limited to, playgrounds, parks, hiking, camping, picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connec tion therewith, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the

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Authority and their term of tenure and compensation, to authorize the Authority to contract with others pertaining to the recreational facilities and to execute leases of such facilities and to convey title to real property in fee simple of the Authority and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the Authority, payable from the revenues, tolls, fees, charges and earnings of the Authority including, but not limited to, earnings derived from leases and income from con veyances of real property of the Authority, and to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obliga tions and to authorize the execution of trust indentures to secure the pay ment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of Gwinnett County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the Authority exempt from taxation; to authorize the issuance of refunding bonds or obligations; to fix the venue or juris diction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et. seq.), as amended; to amend an Act creating the Gwinnett County Recreation Authority (Ga. Laws 1971, p. 4110), so as to provide for the merging, enlargement and expansion of Gwinnett County Recrea tion District No. 1; to provide for the separate enactment of each pro vision of this Act and repealing all laws or parts of laws in conflict with the provisions of this Act; and for other purposes:

WHEREAS, Gwinnett County has been and is steadily increasing in population and Gwinnett County does not have adequate recreational facilities for its citizens and there exists an urgent need to provide the citizens of such County and environs and others with adequate recrea tional areas and facilities for the purpose of promoting the health, morals and general welfare of such citizens; and

WHEREAS, it is advisable to authorize the financing, in whole or in part, of the acquisition, construction, equipping, maintenance and operation of an athletic stadium or stadiums and the usual facilities re lated thereto, recreational centers and areas, including, but not limited to, playgrounds, parks, hiking, camping, picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities, the acquisition of parking facilities and parking areas in connection there with, the acquisition of the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property, by the issuance of revenue bonds or obligations of the Authority for that purpose.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Short Title. This may be cited as the "Gwinnett County Recreation Authority Act".

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1931

Section 2. Gwinnett County Recreation Authority. There is hereby created a body corporate and politic to be known as the Gwinnett County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and 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, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees. The Authority is hereby granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the Authority as provided under the provisions of this Act.

The Authority shall consist of not less than three (3) nor more than five (5) members who shall be residents of Gwinnett County and who shall be appointed by the Board of Commissioners of Gwinnett County. The members of the Authority shall be appointed to serve for a term of one (1) year from the date of such appointment and until their succssors shall have been selected and appointed.

The Chairman of the Board of Commissioners of Gwinnett County or one of the members of the Board of Commissioners of Gwinnett County may be appointed to serve as members of the Authority, but in no event shall there be serving at any one time as members of the Authority more than one member of the Board of Commissioners or the Chairman. The two members of the Authority who are not a member of the Board of Commissioners or the Chairman of the Board of Commissioners shall reside in that area of Gwinnett County included within Gwinnett County Recreation District No. 1. The term of office of a member who holds his appointment by reason of his being a member of the appointing body, shall expire when his term of office as a member of such appointing body expires.
Any member of the Authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such Authority shall enter upon their duties. Any vacancy on the Au thority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The Authority shall elect one of its members as chairman and another member as vice-chairman and it shall also elect a secretary and treasurer, who does not necessarily have to be a member of the Authority and if not a member he or she shall have no voting rights. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the Authority. The Authority shall make rules and regulations for its own government. It shall have perpetual existence.
Section 3. Definitions. As used in this Act the following words and terms shall have the following meanings:

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(a) The word "Authority" shall mean the Gwinnett County Recrea tion Authority created in Section 2 of this Act.

(b) The word "project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of an athletic stadium or stadiums and the usual facilities related thereto, recreation centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related build ings and the usual and convenient facilities appertaining to such under takings and extensions and improvements of such facilities the acquisi tion of parking facilities or parking areas in connection therewith, the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper develop ment, maintenance and operation of such recreational facilities and areas, deemed by the Authority to be necessary, convenient or desirable.

(c) The term "cost of the project" shall embrace the cost of construc tion, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architec tural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein autho rized, the construction of any project, the placing of the same in opera tion. Any obligation or expense incurred for any of the foregoing pur poses 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 revenue bonds issued under the provisions of this Act for such project.

(d) The terms "revenue bonds", "bonds" and "obligations" as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq.), as amended, amend ing the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et. seq.), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto and in addition, shall also mean obliga tions of the Authority the issuance of which are hereinafter specifically provided for in this Act.

(e) Any project shall be deemed "self-liquidating" if, in the judg ment 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 cost of operating, maintaining and repairing, improving and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

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1933

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 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, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, subject to the provisions of Section 26, and no property shall be acquired under the provisions 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 expedient to construct any project on any 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 of Georgia for the credit of the general fund of the State of the reasonable value of such lands, such value to be deter mined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in Gwinnett County or in any municipality incorporated in said County, the governing authority or body of said County or of any of said municipali ties, is hereby authorized to convey title to such lands to the Authority upon payment for the credit of the general funds of said County or municipalities the reasonable value of such lands, such value to be deter mined by three appraisers to be agreed upon by the governing authority or body of said County or municipality and the Chairman of the Au thority ;

(d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;

(e) To make contracts, leases and to execute all instruments neces sary 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 so dispose by conveyance of its title in fee simple of real and personal property of every kind and char acter, subject to the provisions of Section 26, and any and all persons, firms and corporations, the State and any and all political subdivisions, 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 and sublease agreements, with the State of Georgia, or any agencies or departments thereof relative to parks and recreational

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centers, areas and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now, or may hereafter obtain, by lease from the United States Govern ment or any agency or department thereof and with the United States Government or any agency or department thereof and the Authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corpora tions, municipalities, the State of Georgia or the United States Govern ment, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Au thority authorizing the issuance of any of its bonds or obligations as provided in Section 17 of this Act. Any provisions of this Act to the contrary nothwithstanding any lease entered into between the Authority as lessor and Gwinnett County as lessee, the Authority shall accept and the County shall use for payment in accordance with the terms of any such lease only those funds obtained by Gwinnett County from a special recreation tax levy in Gwinnett County Recreation District No. 1, or any modification, expansion or enlargement of Gwinnett County Recreation District No. 1 where such special tax levy has been approved by the qualified electors in Gwinnett County Recreation District No. 1 or any modification, expansion or enlargement of Gwinnett County Recreation District No. 1 in a referendum held for the purpose of approving and authorizing the governing authority of Gwinnett County to levy a special tax on a district basis for recreation purposes. Any militia district within Gwinnett County shall have the perpetual right to be added to said dis trict if approved by the electors residing therein in a referendum election, and the proceeds derived from the tax herein authorized shall be expend ed throughout the entire district on a fair and equitable basis. No such election within a militia district shall be held within 24 months of a previous election unless 15% of the electors residing therein shall sign a petition requesting an election.
(f) To construct, erect, acquire, own, repair, remodel, maintain, 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 or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof;

(g) To accept loans and/or grants of money or materials or pro perty 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 accept loans and/or grants of money or materials or pro perty of any kind from the State of Georgia or any agency or instru mentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose;

(i) To borrow money for any of its corporate purposes and to ex ecute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that

TUESDAY, MARCH 18, 1975

1935

purposes, and to provide for the payment of the same and for the rights of the holders thereof; but in no event shall revenue bonds be an obliga tion of Gwinnett County other than the one mill levied for recreational purposes.

(j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitu tion and laws of this State;

(k) The Authority and the trustee acting under the trust indenture, are specifically authorized from time to time to sell, lease, grant, ex change or otherwise dispose of any surplus property, both real or per sonal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in Section 17 hereof;

(1) To borrow money for any of its corporate purposes from any bank, banks or other lending institutions for a period of time not to exceed 10 years and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the Authority from a lease or leases entered into by the Au thority as the lessor and Gwinnett County as the lessee, provided, how ever, said lease or leases were entered into pursuant to the provisions of this Act which limits the County to the use of tax funds derived solely from tax funds obtained from a special tax levy approved by the qualified electors in a referendum.

(m) To do all things necessary or convenient to carry out the powers expressly given in this Act.

Section 5. Revenue Bonds. The Authority, or any authority or body 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 at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, interest shall be payable semi-annually, principal shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in con formity with the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et. seq.), as amended, and all proce dures pertaining to such issuance and the conditions thereof shall be the

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same as those contained in said Revenue Bond Law and any amendments thereto.

Section 6. Same; Form; Denominations; Registration; Place of Pay ment. 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 com pany within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.

Section 7. Same; Signatures; Seal. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary and Trea surer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Autho rity. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. 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 delivery of such bonds, such signature shall never theless be valid and sufficient for all purposes the same as if he had re mained in office until such delivery.
Section 8. Same; Negotiability; Exemption From Taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under laws of the 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.
Section 9. Same; Sale; Proceeds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.

Section 10. 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.

Section 11. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost.

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1937

Section 12. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. Any resolution, pro viding for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be used at any regular or special or adjourned meeting of the Authority by a majority of its members.
Section 13. Credit Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Gwinnett County, nor a pledge of the faith and credit of said County, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or con tingently obligate the said County to levy or to pledge any form of taxa tion whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substan tially the foregoing provisions of this Section.

Section 14. Trust Indenture As Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, includ ing, the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. 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 application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, 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 may also contain provisions concerning the conditions, if any, upon which addi tional 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 depository and to furnish such indemnifying bonds or pledge such secur ities 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 indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

Section 15. To Whom Proceeds of Bonds Shall Be Paid. The Autho rity shall, in the resolution providing for the issuance of revenue bonds

1938

JOURNAL OF THE SENATE,

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 Act and such resolution or trust indenture may provide.

Section 16. 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 pro ject for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the Authority, 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 from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) any premium upon bonds acquired by redemption, payment or other wise, and (4) the necessary charges of the paying agent or agents for paying principal and interest, and (5) any investment fees or charges. 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 other wise 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. Subject to the pro visions 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 be reissued, printed and delivered.

Section 17. 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 before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other pro ceedings, 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 re quired by this Act or by such resolution or trust indenture, to be per formed 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.

Section 18. Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued inter-

TUESDAY, MARCH 18, 1975

1939

est thereon and premium, if any. The issuance of such funding or re funding 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.

Section 19. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such'Authority shall be brought in the Superior Court of Gwinnett Coun ty, Georgia, and any action pertaining to 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.

Section 20. 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 de fendant to such action the State of Georgia or any municipality, county, authority, political subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to being sued and if consenting to same, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the State or such municipality, county, authority, poli tical 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 a part of the basis of the security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of valida tion shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, the State and any municipality, county, au thority, political subdivision, or instrumentality, if a party to the valida tion proceedings, contracting with the said Gwinnett County Recreation Authority.
Section 21. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 22. Moneys Received Considered Trust Funds. All moneys received pursuant to the Authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

1940

JOURNAL OP THE SENATE,

Section 23. Purpose of the Authority. Without limiting the gen erality of any provisions of this Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating an athletic stadium or stadiums and the usual facilities related thereto recreational centers and areas, including, but not limited to, stadiums, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasi ums, auditoriums, gymnatoriums and related buildings and the usual and convenient facilities appertaining to such undertakings and exten sions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith, acquiring the necessary pro perty therefor, both real and personal, and 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 an incident to the efficient and proper development and operation of such types of undertakings.

Section 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and revise from time to time rates, fees, tolls and charges, and to collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, con cessions or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and in anticipation of the collection of the revenues and income of such under takings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruc tion, 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.

Section 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which recreational facilities shall be furnished.

Section 26. (a) All meetings of the Authority shall be opened to the public at all times. Ample notice shall be given to all members of the Authority and to the public of any special or called meeting of the Authority. The minutes of all meetings and all actions taken by the Authority shall likewise be opened to public inspection.

(b) Each purchase made in behalf of the Authority of personal property or services in excess of $500 shall be accomplished pursuant to competitive bids, after having published invitations to bid in the official organ of Gwinnett County prior to the award of any contract. All bids shall be opened during meetings of the Authority and the rejection or acceptance thereof shall be entered upon the minutes of the Authority.

(c) Any surplus or unserviceable property of the Authority shall be disposed of pursuant to competitive bids which shall be advertised in the

TUESDAY, MARCH 18, 1975

1941

official organ of Gwinnett County. All bids for the disposal of such property shall be opened during public meetings of the Authority and the acceptance and rejection thereof shall be entered upon the minutes of the Authority.

(d) The affirmative action of at least two-thirds of the members of the Authority shall be required in order that any action on behalf of the Authority may be taken.

(e) At the conclusion of each fiscal year of the Authority, the af fairs of the Authority shall be audited by a certified public accountingfirm. The Board of Commissioners of Gwinnett County shall select the firm which shall conduct the audit. A synopsis of the audit shall be pub lished in the official organ of Gwinnett County as soon as the report of the auditors is submitted to the Authority.

(f) All funds of the Authority which are not required for the normal operations of the Authority shall be invested in interest bearing investments within 30 days of their receipt by the Authority.

Section 27. Amend Georgia Laws 1971 Session, page 4110, Gwinnett County Recreation District No. 1 Established, so as to add the following provision to Section 1 of said Act.

"The governing authority of Gwinnett County is authorized to merge, enlarge and expand the area within Gwinnett County Recrea tion District No. 1 and to include and incorporate within Gwinnett County Recreation District No. 1 additional General Militia Districts of Gwinnett County and to levy a tax, not to exceed one mill, on all property within any Gwinnett County Militia District brought into Gwinnett County Recreation District No. 1 by an enlargement, expansion or merger of said district, if the levying of such tax and merger is approved by a majority vote of those qualified voters of the area brought into said district voting at a special election to be called and conducted by the Board of Electors of Gwinnett County. The governing authority shall set the date for said elections, which shall be held and conducted as are other special elections."

Section 28. 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 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 now existing.

Section 29. Liberal Construction of Act. This Act being for the pur pose of promoting the health, morals and general welfare of the citizens of the United States, of the State of Georgia and Gwinnett County, shall be liberally construed to effect the purposes hereof.

Section 30. Effect of Partial Invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be un constitutional or invalid, the same shall not affect such remainder of

1942

JOURNAL OF THE SENATE,

|;

this Act or any part hereof, other than the part so held to be invalid,

*

but the remaining provisions of this Act shall remain in full force and

y.

effect, and it is the express intention of this Act to enact each provision

"

of this Act independently of any other provision hereof.

Section 31. Repeal. This Act does not in any way take from Gwinnett

:

County or any municipality located therein, the authority to own, develop,

operate and maintain public parks and recreational facilities, or to issue

revenue bonds as is provided by the Revenue Bond Law of Georgia

(Ga. Laws 1957, p. 36 et. seq.), as amended, amending the law formerly

known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761

et. seq.), as amended.

Section 32. Effective Date. This Act shall become effective as of the date on which it is signed by the Governor of Georgia or as of the date on which it becomes law without the approval of the Governor. However, the Authority shall not become operative until such time as the govern ing authority of Gwinnett County shall, by appropriate resolution, de clare the need for the Authority within Gwinnett County.

Section 33. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Reynolds of the 48th moved that the Senate agree to the House sub stitute to SB 233.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the House substitute to SB 233 was agreed to.

The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption:

SR 157. By Senator Russell of the 10th:
A resolution authorizing the lease of certain real property located in Grady County, Georgia.

The Committee on Public Utilities offered the following substitute to SR 157:
A RESOLUTION
Authorizing the lease of certain real property located in Grady County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is currently the owner of two tracts of land located in the City of Cairo, Grady County, Georgia, which is currently under the control and jurisdiction of the Commissioner of Agriculture and the Georgia Department of Agriculture; and

TUESDAY, MARCH 18, 1975

1943

WHEREAS, said tracts of land are more particularly described as follows:

"1. Approximately one acre of land abutting the north right-ofway margin of llth Avenue northeast in the City of Cairo for 270 feet and extending north 161 feet; and

2. Approximately 1.9 acres of land abutting the east margin of Market Street and the south right-of-way margin of llth Avenue northeast in the City of Cairo and extending south to county property now housing the ASC offices."; and

WHEREAS, said tracts of land are not currently needed by the Department of Agriculture or the State of Georgia and are, therefore, surplus; and

WHEREAS, Grady County is in need of adequate facilities to update and modernize the local offices of the University of Georgia Extension Service and to provide adequate parking facilities.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to lease said tracts of land to Grady County subject to the following conditions:

(1) That the consideration for said lease shall be as agreed upon by the Governor and the governing authority of Grady County.

(2) That said tracts of land leased to Grady County be used by Grady County.

(3) That the terms and conditions of any lease agreement executed pursuant to the authority of this resolution shall be as agreed upon by the Governor and the governing authority of Grady County.

On the adoption of the substitute, the yeas were 33, nays 0, and the committee substitute was adopted.

The report of the committee, which was favorable to the passage of the resolu tion by substitute, was agreed to.

On the adoption of the resolution, Senator Starr of the 44th, who was presid ing, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker

Barnes Bell Brantley

Brown of 47th Carter Dean of 31st

1944

JOURNAL OP THE SENATE,

Duncan Eldridge Pincher Foster Gillis Hamilton of 34th Holley Howard Hudgins Kennedy Kidd

Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson Russell

Shapard Stephens Stumbaugh Summers Button Tate Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Bond Broun of 46th Coverdell Dean of 6th Doss

Garrard Hamilton of 26th Hill Holloway Hudson

Riley Starr (presiding) Thompson Traylor

On the adoption of the resolution, the yeas were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 998. By Representatives Johnson and Thomason of the 8th:
A bill to amend an Act placing the Sheriff, Clerk of the Superior Court, Tax Commissioner and Judge of the Probate Court of Cherokee County on a salary system in lieu of fees so as to change the provisions relative to the compensation of the deputies and clerical assistants of said officers.

Senator Langford of the 51st moved that the Senate substitute to HB 998 be insisted upon.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate substitute to HB 998 was insisted upon.

The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

HB 196. By Representatives Howell of the 140th, Bray of the 70th, Burton of the 47th and Tolbert of the 56th:
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend Code Section 34-1505 relating to a recount or recanvass of the votes so as to provide for an automatic recount of the vote in certain circumstances.

TUESDAY, MARCH 18, 1975

1945

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 Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Dean of 6th Dean of 31st Eldridge Fincher Gillis

Hamilton of 26th Hamilton of 34th Hill Holley Howard Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Voting in the negative was Senator Reynolds.

Those not voting were Senators:

Bond Coverdell Doss Duncan Foster

Garrard Holloway Hudgins Hudson Riley

Overby Pearce Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Turner Tysinger Warren
Starr (presiding) Thompson Timmons Traylor Young

On the passage of the bill, the yeas were 40, nays 1.

The bill, having received the requisite constitutional majority, was passed.

Senator Reynolds of the 48th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 196.

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:

1946

JOURNAL OF THE SENATE,

HB 623. By Representatives Greer of the 43rd, Beckham of the 89th and Buck of the 95th:
A bill to amend an Act entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act."

HB 783. By Representative Greer of the 43rd:
A bill to amend Section 92-3216, of the Code of Georgia of 1933, as amended, relating to the secrecy required of officials of the Department of Revenue with regard to the amount of income or any other particulars set forth or disclosed in any report or return required under the Income Tax Act of 1931.

HB 721. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Chapter 88-9, relating to Air Quality Control, so as to provide that considerations of economic cost of technical feasibility shall be subordinate to considerations of public health.

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 450. By Representative Lane of the 40th:
A bill to provide certain requirements in connection with blasting or ex cavating in the vicinity of certain underground utility facilities.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Lane of the 40th, Horton of the 43rd and Waddle of the 113th.

The House has disagreed to the Senate amendments to the following bill of the House, to-wit:

HB 579. By Representative Rainey of the 135th:

A bill to amend the Natural Resources Act of 1973 so as to authorize

the Department of Natural Resources to contract for or provide itself

necessary water transportation and essential services for its employees,

other State employees, their families and other permanent residents of

certain coastal islands.

.

The House has disagreed to the Senate substitute to the House substitute to the following bill of the Senate, to-wit:

TUESDAY, MARCH 18, 1975

1947

|: SB 238. By Senators McDowell 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 180,000 and not more than 190,000, and in all municipal

;

corporations located within such counties, sales of alcoholic beverages



for the consumption on the premises shall be authorized during certain

hours.

The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:

HR 306. By Representative Marcus of the 26th:

A resolution authorizing the conveyance of certain State-owned real

:

property located in Fulton County, Ga., to Fulton County.

The following bill of the House, favorably reported by the committee, was read

:

the third time and put upon its passage:

;::; HB 268. By Representatives Thompson of the 83rd, Foster and Cole of the 6th and

'f

Leonard of the 3rd:

'

*:"

Senate Sponsor: Senator Overby of the 49th.

A bill to amend an Act fixing the salaries of the judges of the superior courts so as to provide that secretaries employed by judges of the superior courts and district attorneys under the provisions of said Act shall be employees of the judicial branch of State government and shall be in the unclassified service of the State Merit System of Personnel Administra tion.

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment to HB 268:

By inserting in the title, following the word "that" on line 5 of Page 1, the following:

.:

"certain".

By inserting in the title, following the word "secretaries" on line 10 of Page 1, the following:

"; to provide for the reimbursement of certain counties for

amounts paid as compensation to certain secretaries; to provide for

elections; to provide for consent; to provide for notices; to provide

-:

for procedures; to provide for supplements."

V-

S

By renumbering Sections 3, 4 and 5 as Sections 5, 6 and 7, res-

:-"

pectively.

By adding, following Section 2, a new Section 3, to read as follows:

1948

JOURNAL OF THE SENATE,

"Section 3. Said Act is further amended by adding, following Section 1C, a new Section ID, to read as follows:

'Section ID. In lieu of hiring a secretary under the provisions of Sections IB or 1C of this Act, each superior court judge and dis trict attorney, with the written consent of the governing authority of any county or counties within his judicial circuit, may employ a secretary, who shall be an employee of the county which pays the compensation of such secretary and in which the governing authority has given its consent to compensate such secretary. Upon employing such secretary, it shall be the duty of the judge or district attorney to notify the Director of the Fiscal Division of the Department of Administrative Services of such fact and the amount of the com pensation to be paid to such secretary. It shall be the further duty of such judge or district attorney to notify the Director of any change in the status or compensation of such secretary. The Director of the Fiscal Division of the Department of Administrative Services shall reimburse the county or counties paying such compensation, from funds appropriated or otherwise available for the operation of the superior courts, for the compensation paid to such secretary plus any employer contribution paid for such secretary under the Act of Congress, approved August 14, 1935, 49 Stat. 620, known as the "Social Security Act", as the same may now or hereafter be amended, but such payments shall not exceed the maximum amount payable directly to or for a secretary under the provisions of Section IB or Section 1C of this Act.' ".

By adding, following Section 3, a new Section 4, to read as follows:
"Section 4. Said Act is further amended by adding, following Section ID, a new Section IE, to read as follows:

'Section IE. Any provision of law to the contrary notwith standing, each county within this State is hereby authorized to sup plement the compensation of any secretary employed by any judge of the superior court or district attorney, including those secretaries employed by or paid from the fund of the State.' ".

On the adoption of the amendment, the yeas were 31, nays 0, and the committee 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 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 Banks Barker

Barnes Bell Brantley

Broun of 46th Brown of 47th Carter

TUESDAY, MARCH 18, 1975

1949

Dean of 6th Dean of 31st Eldridge Fincher Poster Gillis Hamilton of 26th Hamilton of 34th Holley Howard Hudgins Hudson

Kennedy Kidd Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds Robinson

Russell Shapard Stephens Stumbaugh Summers Button Tate Turner Tysinger Warren Young

Those not voting were Senators:

Bond Coverdell Doss Duncan Garrard

Hill Holloway Langford Riley

Starr (presiding) Thompson Timmons Traylor

On the passage of the bill, the yeas were 43, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 238. By Senators McDowell 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 180,000 and not more than 190,000, and in all municipal corporations located within such counties, sales of alcoholic beverages for consumption on the premises shall be authorized during certain hours.
Senator Traylor of the 3rd moved that the Senate insist upon the Senate substitute to the House substitute to SB 238 and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate substitute to the House substitute to SB 238 was insisted upon.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Hudson of the 35th, Riley of the 1st and McDowell of the 2nd.

1950

JOURNAL OF THE SENATE,

The following general bills of the House, favorably reported by the com mittees, were read the third time and put upon their passage:

HB 288. By Representatives Evans of the 99th, Pinkston of the 100th, Banks of 104th and others:
Senate Sponsor: Senator Howard of the 42nd.
A bill to amend Code Section 59-108, relating to jury boxes, so as to provide for the creation of plans for the selection of persons to serve as jurors by mechanical or electronic means; to provide for rules of the superior courts.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Dean of 31st Eldridge Fincher Foster

Gillis Hamilton of 26th Hamilton of 34th Howard Hudgins Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Warren

Those not voting were Senators:

Coverdell Dean of 6th Doss Duncan Garrard

Hill Holley Holloway Hudson Riley

Starr (presiding) Timmons Traylor Young

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 18, 1975

1951

HB 289. By Representatives Evans of the 99th, Pinkston of the 100th, Banks of the|104th and others:
Senate Sponsor: Sjjpffator Overby of the 49th.
A bill to amend Code Section 59-101, relating to tt*\e appointment, num ber, qualifications, terms and removal of jury co'i-'^nissioners, so as to provide that members of the board of jury comr issic ^ers shall be ap pointed by the senior judge of the superior cour

The report of the committee, which was favorable o the passage of tFie 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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster Gillis

Hamilton of Hamilton of ?;4th Holloway Howard Hudgins Hudson Kennedy Kidd Langfo rd LesteVi'
Lev; vis MicDowell TMcDuffie McGill Overby Pearce

Those not voting were Senators:

Broun of 46th Duncan Garrard

Hill Holley

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young
Starr (presiding) Traylor

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 319. By Representative Culpepper of the 98th: Senate Sponsor: Senator Banks of the 17th. A bill to amend an Act creating the Board of Trustees of the Joint

1952

3URNAL OP THE SENATE,

Municipal EnlP

Retirement System and providing for the estab-

Srso aftoVoTnt^MuntSTetSment System approved March 31 1964, so as ^^ ^ definition of the term 'employee' under ssud Act.

The following 3^. ^^ ag required by law were read by the Secretary:

'-.".-

t

Jn ; ..JlNT MU- rpAL EM pLoYEES' RETIREMENT SYSTEM
220 10 Pryor Street Building Atlanta, Georgia 30303

January 28, 1975
The Honorable Thon\B Buck jjj House of Representat^ ' State Capitol Atlanta, Georgia 30334

Dear Sir:

This is in reply to yo ]etter of j anuary 23, 1975, concerning fiscal notes on House Bill 31b

The requested notes are at, ne(j. please inform me of any details or additional information you t; re

/V W; am H. Avery, Adn.; strator
FISCAL NOTES RELATIVE TO A PROPOSEiAMENDMENT TO
AN ACT CREATING THE JOINT MUNICIPAL EMLOYEES' RETIREMENT SYSTEM (Ga. L. 1965, p. 421)
1. Adoption of the above referenced proposed amendment would result in no cost to the State of Georgia.
2. Adoption would in no way detract from or add to the cost of services now provided by the Joint Municipal Employees' Retirement System to its member organizations.
3. Since the proposed amendment grants only permissive authority, any incurred costs would depend upon implementation of the powers given. If no decision is made by municipal authorities to exercise such authority, no cost would be incurred. If, however, a decision is reached to implement said powers, the cost to the partcular municipal corporation, would be based upon the mortality tables adopted by the JMERS Board of Trustees, the number of persons covered, their respective ages, and lengths of creditable service, and such other factors as the Board deems appropriate to insure adequate funding.

TUESDAY, MARCH 18, 1975

1953

4. Sufficient actuarial information is available to determine costs for a specific municipality once it decided to investigate the exigencies of exercising the authority granted. No prior actuarial investigation is necessary. However, certain examples may be given to illustrate the probable cost of implementing certain standard retirement provisions for municipal legal officers, recorders, and judges.

a. (1) Situation: age 40 prior service - none normal monthly benefit per year of service $5.00*
(2) Monthly Cost: $20.20

b. (1) Situation: age 30

prior service - 10 years normal monthly benefit per year of service -
$5.00*
nominal death benefit

(2) Monthly Cost: $18.92

c. (1) Situation:

age 60 prior service - 5 years normal monthly benefit per year of service -
$5.00*
enhanced death benefit

(2) Monthly Cost: $52.36

*The most popular normal monthly benefit presently granted to the elected municipal officials.

DEPARTMENT OF AUDITS 115 State Capitol
Atlanta, Georgia 30334

MEMORANDUM

TO:

The Honorable Thomas Buck, III, Chairman

House Retirement Committee

FROM:

Ernest B. Davis, State Auditor James T. Mclntyre, State Planning & Budget Officer

DATE:

January 30, 1975

SUBJECT: Fiscal Note - House Bill 319

This Bill would amend the Joint Municipal Employees' Retirement System so as to change the definition of Employee.

This System has several plans whereby a city or county elects' coverage under the particular plan desirable for that entity and pays the necessary contributions to fund the System. In view of this, any additional cost created by this amendment would be born by the county

1954

JOURNAL OF THE SENATE,

or city and therefore this act would not affect the actuarial soundness of the Joint Municipal Employees' Reirement System.

/s/ Ernest B. Davis, State Auditor
/s/ James T. Mclntyre, 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 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 Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hamilton of 34th Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill

Overby Pearce Reynolds Robinson Russell Shapard Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Duncan Hill

McDowell Riley Starr (presiding)

Stephens Traylor

On the passage of the bill, the yeas were 48, 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 disagreeing to the Senate substitute to

TUESDAY, MARCH 18, 1975

1955

the House 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 Senate, to-wit:

SB 238. By Senators McDowell 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 180,000 and not more than 190,000, and in all municipal corporations located within such counties, sales of alcoholic beverages for the consumption on the premises shall be authorized during certain hours.

The Speaker has appointed on the part of the House the following members thereof:
Representatives Taggart of the 125th, Hill of the 127th and Battle of the 124th.

The following bill of the Senate was taken up for the purpose of considering a Conference Committee Report thereto:

SB 111. By Senator Holloway of the 12th:
A bill to amend Code Section 47-107, relating to the salary and allowances of members of the General Assembly, as amended by an Act approved March 16, 1966, so as to provide for compensation for Senate and House of Representatives Administration and Assistant Administration Floor Leaders.

The Conference Committee Report was as follows:

Mr. President: Mr. Speaker:

Your Conference Committee on S. B. Ill has met and submits the following recommendation:

That the Senate and House recede from the respective positions and that the attached Substitute to S. B. Ill be adopted.

FOR THE SENATE
/s/ Al Holloway Senator, 12th District
/s/ Frank Eldridge, Jr. Senator, 7th District
/s/ John R. Riley Senator, 1st District

Respectfully submitted,
FOR THE HOUSE
/s/ William J. Lee Representative, 72nd District
/s/ Jack Connell Representative, 87th District
/s/ Ward Edwards Representative, 110th District

1956

JOURNAL OF THE SENATE,

Conference Committee Substitute to SB 111:

A BILL

To be entitled an Act to amend Code Section 47-107, relating to the salary and allowances of members of the General Assembly, as amended by an Act approved March 16, 1966 (Ga. Laws 1966, p. 544), an Act ap proved March 17, 1967 (Ga. Laws 1967, p. 39), an Act approved March 23, 1970 (Ga. Laws 1970, p. 647), an Act approved March 29, 1971 (Ga. Laws 1971, p. 207), and an Act approved March 16, 1972 (Ga. Laws 1972, p. 248), so as to provide the procedure for additional compensation for the Administration Floor Leader of the Senate and the Administra tion Floor Leader of the House of Representatives; to provide an effec tive date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 47-107, relating to the salary and allowances of members of the General Assembly, as amended by an Act approved March 16, 1966 (Ga. Laws 1966, p. 544), an Act approved March 17, 1967 (Ga. Laws 1967, p. 39), an Act approved March 23, 1970 (Ga. Laws 1970, p. 647), an Act approved March 29, 1971 (Ga. Laws 1971, p. 207), and an Act approved March 16, 1972 (Ga. Laws 1972, p. 248), is hereby amended by striking the following:

"The Majority Leader and the Minority Leader of the House of Representatives and the Majority Leader, the Minority Leader, the Administration Floor Leader and the Assistant Administration Floor Leader of the Senate shall each receive such additional amount per annum as shall be provided by resolution of the respective Houses, but such amount for each shall not be greater than the additional amount provided for herein for the Speaker Pro Tempore of the House of Representatives.",

and inserting in lieu thereof the following:

"The Majority Leader, the Minority Leader, and the Adminis tration Floor Leader of the House of Representatives, and the Ma jority Leader, the Minority Leader, the Administration Floor Lead er and the Assistant Administration Floor Leaders of the Senate, shall each receive such additional amount per annum as shall be provided by resolution of the respective Houses, but such amount for each shall not be greater than the additional amount provided by law for the Speaker Pro Tempore of the House of Representa tives."
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.

TUESDAY, MARCH 18, 1975

1957

Senator Holloway of the 12th moved that the Conference Committee Report on SB 111 be adopted.

On the motion, Senator Starr, who was presiding, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brantley Brown of 47th Carter Coverdell Dean of 6th Dean of 31st Doss Eldridge Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Russell Shapard Stephens Stumbaugh Tate Thompson Timmons Turner Tysinger Warren Young

Those not voting were Senators:

Broun of 46th Duncan Fincher Holley

Langford Robinson Starr (presiding)

Summers Sutton Traylor

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Con ference Committee Report on SB 111 was adopted.

Senator Starr of the 44th announced that the Senate would stand in recess from 12:31 o'clock P. M. until 2:00 oclock P. M.

Senator Starr of the 44th called the Senate to order at 2:00 oclock 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 482. By Representative Larsen of the 119th:
Senate Sponsor: Senator Langford of the 51st.
A bill to amend an Act creating a Judicial Council of the State of Georgia, so as to provide that the Judicial Council shall promulgate rules

1958

JOURNAL OF THE SENATE,

and regulations which shall provide for and set the fees to be charged by all official court reporters in this State in all criminal and civil cases.

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 Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Duncan Eldridge Fincher Garrard Hamilton of 26th

Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill

Those voting in the negative were Senators:

Ballard Banks Barnes

Dean of 31st Doss Foster

Those not voting were Senators:

Dean of 6th Gillis Holley

McDowell Russell Starr (presiding)

Overby Pearce Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Tate Timmons Turner Tysinger
Sutton Thompson Warren
Traylor Young

On the passage of the bill, the yeas were 39, nays 9.

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 450. By Representative Lane of the 40th:
A bill to provide certain requirements in connection with blasting or ex cavating in the vicinity of certain underground utility facilities.

TUESDAY, MARCH 18, 1975

1959

|

Senator Hill of the 29th moved that the Senate adhere to the Senate substitute

4

to HB 450 and that a Conference Committee be appointed.

I
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate substitute to HB 450 was adhered to.

Senator Starr, who was presiding, appointed as a Conference Committee on

'

the part of the Senate the following:

Senators Hill of the 29th, Hudson of the 35th and Dean of the 31st.

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 580. By Representative Murphy of the 18th :
Senate Sponsor: Senator Kidd of the 25th.
A bill to amend an Act known as the "Georgia Residential Finance Agency Act", so as to change the membership of the Authority; to provide for a minimum percentage of each bond issue to be placed in the capital reserve fund.

The Committee on Economy, Reorganization and Efficiency in Government offered the following substitute to HB 580:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Residential Finance Agency" Act, approved March 26, 1974 (Ga. Laws 1974, p. 975; Ga. Code Chap. 99-36), so as to change the membership of the Authority created thereby and to change, clarify, delete and add certain terms thereto for the purpose of perfecting the statutory scheme and insuring its constitutionality before bond issuance thereunder : specifically, to change the name of said Act and the instrumentality created thereby from "Georgia Residential Finance Agency" to "Geor gia Residential Finance Authority"; to provide specific authorization for a "loan-to-lenders' program whereby the Authority could lend funds to lending institutions for relending to eligible persons seeking to pur chase homes; to include the term "note" within the definition of the term "bond" for certain purposes ; to set forth certain criteria to limit the Authority's discretion and to assist the Authority in the establish ment of its guidelines and procedures for the determination of persons and families eligible to benefit from Authority funds; to replace the terms "housing development" and "housing project" with the term "residential housing" and to add a definition of the term "real property"; to redefine the Authority created by said Act in order to make explicit the nature of Authority created by said Act in order to make explicit the nature of such Authority as a public authority and to distinguish it clearly from a governmental agency ; to reduce the membership of the Authority from

1960

JOURNAL OP THE SENATE,

9 to 7 members; to provide for the effect of actions taken by the Author ity prior to confirmation by the Senate of the appointment of a public member; to allow the Authority to invest proceeds from the sale of its bonds in obligations of, or guaranteed by, the United States and certain specifically designated agencies of the United States maturing up to 24 months after the date of purchase; to allow the Authority to invest monies held in reserve funds in obligations of, or guaranteed by, the United States and certain specifically designated agencies of the United States maturing up to 24 months after the date of purchase; to allow the Authority to invest monies held in sinking funds in obligations of or guaranteed by the United States, and certain specifically desig nated agencies of the United States so long as such obligations mature within 12 months of the date of purchase; to clarify the Authority's ability to enter into agreements to regulate the planning, development and management of residential housing undertaken by qualified housing sponsors; to insure that the Authority will be eligible for Federal monies available under the Federal Housing Community Development Act of 1974; to establish certain statutory criteria or considerations to govern the exercise of administrative discretion by the Authority, par ticularly in determining the eligibility of persons or families for the benefits of the Act and the rents, purchase prices and interest rates to be charged in various programs of the Authority; to set forth specific statutory authorization and provisions relative to loans by the Authority to lending institutions; to make clear that no financing authorized under this Act will be utilized on housing outside this State; to specify that the statutory maximum on the amount of Authority bonds outstanding is not a contractual right and can be altered by statute; to clarify ref erence to trust indentures; to clarify the relationship of said Act to the Georgia Revenue Bond Law (Ga. Laws 1937, pp. 761-774) ; to provide for venue and trial court jurisdiction in Fulton County in Authority bond validation proceedings; to authorize the issuance of bond anticipation notes under certain conditions; to require bonds is_ sued by the Authority to contain recitals that such bonds do not obligate the State of Georgia; to allow the Authority to accept and utilize State appropriations or funds from any source; to provide for a minimum percentage of each bond issue to be placed in a capital reserve fund; 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. An Act now known as the "Georgia Residential Finance Agency Act', approved March 26, 1974 (Ga. Laws 1974, p. 975; Ga. Code Chap. 99-36), is hereby amended by striking the words "Georgia Resi dential Finance Agency" from the title of said Act, from the preamble thereto, and from every Section of said Act in which such words appear, and by inserting in lieu thereof the words, "Georgia Residential Finance Authority".

Section 2. Said Act is hereby further amended by striking the period at the end of subparagraph (a) (4) of Section 2 and inserting in lieu thereof a semicolon, and by adding to such Section 2, between present

TUESDAY, MARCH 18, 1975

1961

subparagraph (a) (4) and the concluding paragraph of subsection 2(a), a new subparagraph (a) (5) to read as follows:

"(5) that in order to inject funds into lending institutions to facilitate the making of loans to families and persons of low and moderate income for the purchase of homes, cooperative apartments and condominiums, provisions should be made for loans at low interest rates to lending institutions for the making of mortgage loans to low and moderate income families and the purchasing of mortgage loans from lending institutions upon the condition that the proceeds from such purchases be used to make mortgage loans to families and persons of low and moderate income."

Section 3. Said Act is hereby further amended by adding the fol lowing sentence to the end of subsection 3(b) thereof:

"Wherever the words 'bond' or 'bonds' appear in Sections 9, 11, 12 and 13 of this Act, they shall be deemed to include the words 'note' or 'notes' as defined in subsection (1) of this Section."

Section 4. Said Act is hereby further amended by striking from subparagraph (d) (1) of Section 3 thereof the phrase "set by the Au thority in its rules; or", and inserting in lieu thereof the phrase: "estab lished by the Authority in administrative guidelines and procedures established pursuant to the criteria set forth in Section 6(c) of this Act".

Section 5. Said Act is hereby amended by striking from subpara graph (d) (2) of Section 3 thereof the phrase "as determined by the rules of the Authority", and inserting in lieu thereof the phrase: "as determined by the administrative guidelines and procedures of the Au thority established pursuant to the criteria set forth in Section 6(c) of this Act".

Section 6. Said Act is hereby amended by striking from subpara graph (d) (3) of Section 3 thereof the phrase "as determined by the rules of the Authority", and inserting in lieu thereof the phrase: "as determined by the administrative guidelines and procedures of the Au thority established pursuant to the criteria set forth in Section 6(c) of this Act".

Section 7. Said Act is hereby further amended by striking sub sections 3(g) and 3(h) thereof in their entirety, and inserting in lieu thereof the following language:

"(g) 'Real Property' shall mean all lands, franchises and in terests in land, including lands under water and riparian rights, space rights and air rights, and any and all other things usually included within said term, and shall include any and all interests in such property less than full title, such as easements, incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens;

1962

JOURNAL OF THE SENATE,

(h) 'Residential Housing' means a specific work or improve ment within Georgia undertaken primarily to provide dwelling ac commodations for eligible persons and families, including the ac quisition, construction or rehabilitation of real property, buildings and improvements thereto and such community facilities as may be incidental or appurtenant thereto."

Section 8. Said Act is hereby further amended by striking the words "housing development" and "housing project" from every Section of said Act in which such words appear, and by inserting in lieu there of the words, "residential housing".

Section 9. Said Act is hereby further amended by striking from subsection 3(k) thereof the last sentence in its entirety.

Section 10. Said Act is hereby further amended by striking the period at the end of subsection 3 (m) and by adding after the word "families" the following phrase: "upon such terms and in conformity with administrative guidelines established by the Authority."

Section 11. Said Act is hereby further amended by striking Section 4 thereof in its entirety, and inserting in lieu thereof the following language:

"Section 4. Creation and Organization. There is hereby created a public authority, a body corporate and politic to be known as the Georgia Residential Finance Authority, which shall be deemed an instrumentality of the State of Georgia and a public corporation."

Section 12. Said Act is hereby further amended by striking sub section (a) of Section 5 thereof in its entirety, and inserting in lieu there of a new subsection (a) of Section 5 to read as follows:

"(a) Members of the Authority. The Authority shall be com posed of seven members as follows: four permanent members who shall be (1) the Governor, or in the event he is unable to attend a meeting, the Director of the Office of Planning and Budget; (2) the State Auditor; (3) the Director of the Financing and Investment Division of the Georgia State Financing and Investment Commis sion; (4) the Commissioner of the Department of Community Development; and three public members to be appointed by the Governor and confirmed by the Senate. A public member appointed while the General Assembly is not in session shall hold office until his appointment is confirmed or rejected by the Senate. Any actions taken by the Authority in which a public member participates, prior to the confirmation or rejection of his appointment by the Senate, shall be of the same effect as if the public member had been con firmed prior to the time the action was taken. One of the public members shall be a representatives of the home-building industry, one shall be a representative of the mortgage lending industry and one shall be a representative of the legal profession experienced in the field of real estate law. The three public members shall not be residents of the same Congressional District. At least one of the

TUESDAY, MARCH 18, 1975

1963

public members shall reside outside of the Standard Metropolitan Statistical Areas of the State. One of the public members shall be appointed for an initial term of two years, one shall be appointed for an initial term of three years and one shall be appointed for an initial term of four years. Their successors shall serve for fouryear terms. Such public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of such public member by death, resignation or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term subject to confirmation by the Senate. The Authority shall elect a Chairman, who shall be chief ex ecutive officer of the Authority, and a Secretary. The members of the Authority may appoint an Executive Director, who shall be a person experienced in mortgage lending, home building or real estate development. The Executive Director shall become an ex officio nonvoting member of the Authority and may be elected Secretary of the Authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the Authority. A majority of members then in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the Authority. Whenever a permanent ex officio member of the Authority is unable to attend a meeting, he may designate in writing his Deputy to attend that meeting and act in his stead. No vacancy in the Authority shall im pair the right of a quorum to exercise all the rights and perform all the duties of the Authority. Except for the issuance of debt, the Authority may delegate to one or more of its members, the Execu tive Director, agent or agents, or employees such power and duties as it may deem proper. The public members of the Authority shall be compensated in the amount of $50 per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the Authority; provided, however, such compensation shall be limited to 30 days during any one fiscal year, unless one of the public members is elected Chairman, in which event such compen sation shall be limited to 100 days during any one fiscal year. The permanent members shall be reimbursed for actual expenses incur red in the performance of their duties under this Act."

Section 13. Said Act is hereby further amended by striking the period at the end of subparagraph (a) (12) of Section 6 thereof, and inserting a semicolon in lieu thereof.

Section 14. Said Act is hereby further amended by striking subparagraph (a) (14) of Section 6 thereof in its entirety, and inserting in lieu thereof the following language:

"(14) subject to any agreement with bondholders, to investmonies of the Authority not required for immediate use to carry out the purposes of this Act, including the proceeds from the sale of any bonds and any monies held in reserve funds, in temporary or nonpurpose obligations maturing no longer than 24 months from the date of purchase. Such temporary or nonpurpose investments by the Authority shall be limited to general obligations of the United States or of subsidiary corporations of the United States Govern-

1964

JOURNAL OF THE SENATE,

ment fully guaranteed by such government, or obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Inter mediate Credit Bank and Central Bank for Cooperatives, and no other. Income earned on any such investments shall be retained by the Authority and used to purchase and retire any debt, or any bonds or obligations issued by the Authority and may be used to pay operating expenses of the Authority."

Section 15. Said Act is hereby further amended by striking the words "reserve or" from subparagraph (a) (16) of Section 6 thereof, and by inserting the words "or by an agency of the United States specified in subparagraph (a) (14) of this Section" between the word "States" and the comma before the word "maturing" in subparagraph (a) (16) of Section 6.

Section 16. Said Act is hereby further amended by striking subparagraph (a) (17) of Section 6 thereof in its entirety and inserting in lieu thereof the following language:

"(17) to make, and contract to make, loans to lending insti tutions on such terms and conditions as it shall determine and all lending institutions are authorized to borrow from the Authority in accordance with the provisions of Section 7(e) of this Act and the administrative guidelines established by the Authority pursuant to criteria set forth in this Act."

Section 17. Said Act is hereby further amended by striking subparagraph (a) (18) of Section 6 thereof in its entirety and inserting in lieu thereof the following language:

"(18) to enter into agreements with qualified housing sponsors providing for regulation by the Authority of the planning, develop ment and management of any residential housing undertaken by such qualified housing sponsors and the disposition of the property and franchises of such qualified housing sponsors."

Section 18. Said Act is hereby further amended by inserting a comma and the phrase "and pursuant to the Housing Community Develop ment Act of 1974" between the word "amended" and the semicolon at the end of subparagraph (a) (24) of Section 6 thereof.

Section 19. Said Act is hereby further amended by striking sub section 6(c) thereof in its entirety, and inserting in lieu thereof the fol lowing language:

"(c) The Authority shall establish administrative guidelines as to limitations for eligible persons and families for the purposes of Section 3 (d) of this Act in accordance with the following considera tions :

(1) the amount of total income of such persons and families available for housing needs;

TUESDAY, MARCH 18, 1975

1965

(2) the size of the family;

(3) the conditions and costs of obtaining and maintaining existing and available housing facilities;

(4) the costs of obtaining and maintaining newly constructed housing facilities, including considerations of the total develop ment costs of such housing and the costs of financing such housing as affected by prevailing and available financing terms and condi tions relating to nonfederally aided and nonstate aided mortgages."

Section 20. Said Act is hereby further amended by adding the phrase "in the State of Georgia" in the first sentence of subsection 7 (a) thereof between the word "housing" (formerly "developments") and the word "as" and between the word "housing" and words "for eligible".

Section 21. Said Act is hereby further amended by striking sub section 7(d) thereof in its entirety, and inserting in lieu thereof the following language:

"(d) For the purposes of carrying out the provisions of this Section, the Authority shall establish administrative guidelines and procedures for determining the eligibility of occupants and rental or carrying charges, including guidelines and procedures with re spect to periodic review of occupant incomes and periodic adjustment of rental or carrying charges, in accordance with the criteria set forth in Section 6(c) of this Act."

Section 22. Said Act is hereby further amended by renumbering present subsection 6(e) thereof as a new subsection 6(f), and inserting a new subsection 6(e) to read as follows:

"(e) The Authority may make, and contract to make, loans to lending institutions on such terms and conditions as it shall deter mine in accordance with the following criteria, and all lending institutions are authorized to borrow from the Authority in ac cordance with administrative guidelines of the Authority established pursuant to the following criteria:

(1) The Authority shall require that each lending institution receiving a loan pursuant to this subsection shall issue and deliver to the Authority an evidence of its indebtedness to the Authority which shall constitute a general obligation of such lending institution and shall bear such date or dates, shall mature at such time or times, shall be subject to prepayment, and shall contain such other provisions consistent with this Section, as the Authority shall determine.

(2) Nothwithstanding any other provision of this Section to the contrary, the interest rate or rates and other terms of loans to lending institutions made from the proceeds of any issue of bonds or notes of the Authority shall be at least sufficient to assure the

1966

JOURNAL OF THE SENATE,

payment of said bonds or notes and the interest thereon as the same become due.

(3) The Authority shall require that loans to lending insti tutions made pursuant to this Section shall be secured as to payment of both principal and interest by a pledge of collateral security in such amounts as the Authority shall determine to be necessary to assure the payment of such loans and the interest thereon as the same become due. Such collateral security shall consist of (A) obli gations of or guaranteed by the United States of America; (B) obli gations of any of the following: Bank for Cooperatives, Federal Intermediate Credit Bank, Federal Home Loan Bank System, Ex port-Import Bank, Federal Land Banks, Federal National Mortgage Association or the Government National Mortgage Association; (C) obligations of the State or any municipality therein; (D) mortgages insured by the Federal Housing Administration or guaranteed by the Veterans Administration and such other mortgages insured or guaranteed by the Federal government or by a private insurer as to payment of principal and interest as shall be approved by the Authority; or (E) conventional mortgages approved by the Au thority.

(4) The Authority may require that collateral for loans be deposited with a bank, trust company or other financial institution acceptable to the Authority located in the State and designated by the Authority as custodian therefor. In the absence of such re quirement, each lending institution shall enter into an agreement with the Authority containing such provisions as the Authority shall deem necessary to (A) adequately identify and maintain such col lateral, (B) service such collateral, and (C) require the lending institution to hold such collateral as an agent for the Authority and be accountable to the Authority as the trustee of an express trust for the application and disposition hereof and the income therefrom. The Authority may also establish such additional requirements as it shall deem necessary with respect to the pledging, assigning, setting aside, or holding of such collateral and the making of substitutions therefor or additions thereto and the disposition of income and receipts therefrom.

(5) The Authority shall require as a condition of each loan to a lending institution that such lending institution, within such period after receipt of the loan proceeds as the Authority may prescribe by regulation, shall have entered into written commitments to make, and, within such period thereafter as the Authority may prescribe by regulation, shall have disbursed such loan proceeds in new residential mortgage loans to eligible persons and families in an aggregate principal amount equal to the amount of such loan. Such new residential mortgage loans shall have such terms and con ditions as the Authority may prescribe.

(6) The Authority shall require the submission to it by each lending institution to which the Authority has made a loan evidence satisfactory to the Authority of the making of new residential mort gage loans to eligible persons and families as required by this Sec-

TUESDAY, MARCH 18, 1975

1967

tion, and in connection therewith may, through its employees or agents, inspect the books and records of any such lending institution.

(7) The Authority may require as a condition of any loans to lending institutions such representations and warranties as it shall determine to be necessary to secure such loans and carry out the purposes of this Section.

(8) Compliance by any lending institution with the terms of its agreement with or undertaking to the Authority with respect to the making of any new residential mortgage loans to eligible persons and families may be enforced by decree of any court of com petent jurisdiction. The Authority may require as a condition of any loan to any national banking association the consent of such associa tion to the jurisdiction of courts of the State over any such proceed ing. The Authority may also require, as a condition of any loan to a lending institution, agreement by such lending institution to the payment of penalties to the Authority for violation by the lending institution of its undertakings to the Authority, and such penalties shall be recoverable at the suit of the Authority.

(9) To the extent that any provisions of this subsection 7(e) may be inconsistent with any provision of law of the State governing the affairs of lending institutions, the provisions hereof shall con trol."

Section 23. Said Act is hereby further amended by adding to the end of subsection 9(a) thereof the following language:

"The fixing of a statutory maximum in this Section shall not be construed as constituting a contract between the Authority and the holders of its bonds and notes that additional bonds and notes may not be issued subsequently by the Authority in the event that such statutory maximum shall subsequently be increased by law."

Section 24. Said Act is hereby further amended by striking from subsection 9(g) thereof the phrase "or the trust indenture hereinafter mentioned", and inserting in lieu thereof the following language: ", or as any trust indenture subject to which such bonds were issued,".

Section 25. Said Act is further amended by striking therefrom sub section 9(1) in its entirety, and inserting in lieu thereof the following language:

"(1) All revenue bonds issued by the Authority under this Act shall be executed, confirmed and validated under, and in accordance with, the Revenue Bond Law of the State of Georgia (Ga. Laws 1937, pp. 761-774), as heretofore and hereafter amended, except as other wise provided in this Act."

Section 26. Said Act is hereby further amended by adding a new subsection (o) to Section 9 thereof to read as follows:

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JOURNAL OF THE SENATE,

"(o) The Venue for all bond validation proceedings pursuant to this Act shall be Fulton County and the Superior Court of Fulton County shall have exclusive trial court jurisdiction over such pro ceedings."

Section 27. Said Act is hereby further amended by inserting be tween Sections 9 and 10 thereof a new Section 9.1 to read as follows:

"Section 9.1. Bond Anticipation Notes. The Authority is au thorized to issue bond anticipation notes and may renew the same from time to time but the maximum maturity of such notes, includ ing renewals thereof, shall not exceed five years from the date of issue of such original notes. Such notes shall be payable from any moneys of the Authority available therefor and not otherwise pledged or from the proceeds of sale of the bonds of the Authority in anticipation of which they were issued. The notes may be issued for any corporate purpose of the Authority. The notes shall be issued in the same manner as bonds and such notes and the resolution or resolutions authorizing.the same may contain any provisions, condi tions or limitations, not inconsistent with the provisions of this Sec tion, which bonds or a bond resolution of the Authority may con tain. Such notes may be sold at public or private sale. In case of default on its notes or violation of any obligations of the Authority to the noteholders, the noteholders shall have all the remedies pro vided herein for bondholders. Such notes shall be as fully negotiable as the bonds of the Authority."

Section 28. Said Act is hereby further amended by striking the period at the end of Section 10 thereof, inserting in lieu thereof a comma and adding the following language:

"and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section: Provided, however, such funds as may be received from State appropriations or from any source are hereby declared to be available for, and may be used by, the Authority for the performance of any lease or con tract entered into by the Authority or for the payment of any obliga tions of the Authority incurred pursuant to this Act."

Section 29. Said Act is hereby further amended by striking para graph (2) of subsection (a) of Section 12 in its entirety, and inserting in lieu thereof a new paragraph (2) of subsection (a) of Section 12 to read as follows:

"(2) any proceeds of sales of bonds to the extent provided in the resolution of the Authority authorizing the issuance thereof except that the amount under this paragraph shall not be less than 10% of such proceeds;".

Section 30. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. The Gov ernor shall appoint the public members after the effective date of this

TUESDAY, MARCH 18, 1975

1969

Act, and those members together with the three permanent members of the reconstituted Authority shall take office on May 1, 1975.

Section 31. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the yeas were 39, nays 0, 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, 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 Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Garrard

Gillis Hamilton of 34th Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren

Those not voting were Senators:

Brantley Dean of 6th Fincher Foster

Hamilton of 26th Hill Holley Russell

Starr (presiding) Traylor Young

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 586. By Representatives Sams of the 90th, Beckham of the 89th and Snow of the 1st:
Senate Sponsor: Senator Overby of the 49th.
A bill to amend an Act pertaining to the administration of taxing law

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JOURNAL OF THE SENATE,

and particularly compromise settlements of suits so as to provide for the release of property subject to a State tax lien in certain circum stances.

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster

Garrard Gillis Hamilton of 26th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren

Those not voting were Senators:

Dean of 6th Duncan Hamilton of 34th

Holley Pearce Starr (presiding)

Traylor Young

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 647. By Representatives Sams of the 90th, Snow of the 1st, Irvin of the 23rd and others:
Senate Sponsor: Senator Langford of the 51st.
A bill to amend Code Section 26-1802 relating to theft by taking so as to specify the criminal intent element of the offense of shoplifting.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, MARCH 18, 1975

1971

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 Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDuffie McGill Overby

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren

Those not voting were Senators:

Dean of 6th Dean of 31st Duncan Hamilton of 34th

Holley McDowell Pearce

Starr (presiding) Traylor Young

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 44. By Representative Oxford of the 116th:
Senate Sponsor: Senator Garrard of the 37th.
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.

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:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Brantley Broun of 46th Brown of 47th Carter Coverdell Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren

Those not voting were Senators:

Bond Dean of 6th Dean of 31st Duncan

Hamilton of 34th Holley Pearce

Starr (presiding) Traylor Young

On the passage of the bill, the yeas were 46, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 820. By Representatives Ware of the 68th, Castleberry of the lllth, Peters of the 2nd and others:
Senate Sponsor: Senator Doss of the 52nd.
A bill to amend an Act known as the "Insurance Premium Finance Company Act" so as to change the amount of the annual license fee; to provide for additional requirements for licenses; to provide for bonds or deposits.

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 Banks Barker

Barnes Bell Brantley

Broun of 46th Brown of 47th Carter

TUESDAY, MARCH 18, 1975

1973

Coverdell Doss Duncan Eldridge Pincher Poster Garrard Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard

Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie Overby
Pearce Reynolds Riley

Robinson Russell Shapard
Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Turner Tysinger Warren

Voting in the negative was Senator McGill.

Those net voting were Senators:

Bond Dean of 6th Dean of 31st

Holley Starr (presiding)

Traylor Young

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 825. By Representatives Lambert of the 112th and Vaughn of the 57th: Senate Sponsor: Senator Hill of the 29th. A bill to amend the Executive Reorganization Act of 1972 so as to pro vide for a Bureau of Industry and Trade within the Department of Com munity Development.
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:

Banks Barker Barnes Bell Bond Brantley Broun of 46th

Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher

Foster Gillis Hamilton of 26th Hamilton of 34th Hill Holloway Howard

1974
Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie

JOURNAL OF THE SENATE,

McGill Overby Pearce Reynolds Riley Russell Shapard Stephens Stumbaugh

Summers Sutton Tate Thompson Timmons Turner Tysinger Warren

Those not voting were Senators:

Ballard Dean of 6th Duncan

Garrard Holley Robinson

Starr (presiding) Traylor Young

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 851. By Representatives Cole of the 6th, Burruss of the 21st, Pinkston of the 100th and others:
Senator Sponsor: Senator Reynolds of the 48th.
A bill to provide for retained amounts on certain water and sewer con tracts; to provide for an alternate escrow procedure for such retention.

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:

Banks Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher

Foster Gillis Hamilton of 26th Hamilton of 34th Holloway Hudgins Hudson Kennedy Kidd Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Russell Shapard Stephens Sutton Tate Thompson Timmons Turner Tysinger

TUESDAY, MARCH 18, 1975

1975

Those not voting were Senators:

Ballard Brantley Dean of 6th Garrard Hill

Holley Howard Langford Starr (presiding) Stumbaugh

Summers Traylor Warren Young

On the passage of the bill, the yeas were 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 971. By Representatives Burruss of the 21st, Waddle of the 113th, Kreeger of the 21st and others:
Senate Sponsor: Senator Tysinger of the 41st:
A bill comprehensively to revise and codify the laws of this State regulat ing the practice of professional engineering and the practice of land surveying; to amend Code Title 84, relating to professions and trades, so as to codify the laws relating to professional engineering and land surveying as Code Chapter 84-21.

The Committee on Industry, Labor and Tourism offered the following amend ment:
Amend HB 971 by striking everything on lines 9 through 19 on Page 10 and inserting in lieu thereof the following:
"(c) (i) Acquire not less than eight years of".
By striking on line 18 on Page 23 the following:
"exterior property lines",
and substituting in lieu thereof the following:
"property lines of adjoining property owners;".
By inserting between lines 1 and 2 on Page 24 the following:
"(4) Officers and employees of the Department of Transporta tion, except as required by the Georgia Code of Public Transporta tion, while engaged within this State in the practice of professional engineering or land surveying for said Department."

On the adoption of the amendment, the yeas were 0, nays 30, and the com mittee amendment was lost.

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JOURNAL OF THE SENATE,

Senator Banks of the 17th offered the following amendment:
Amend HB 971 by striking lines 7 and 8 of Page 5, and substituting in lieu thereof the following:
"and one Land Surveyor, who shall not be a Professional Engi neer. The Governor shall appoint the members of the Board for terms of five years from among nominees".

On the adoption of the amendment, the yeas were 33, nays 0, and the amend ment was adopted.

Senator Tysinger of the 41st offered the following amendment:
Amend HB 971 by striking on Page 10, line 9, the material begin ning with "(c)" and ending with the word "or" on Page 10, line 18,
and
By renumbering subsection (d) as subsection (c),
and
By striking on Page 11, line 17, the material beginning with "(c)" and ending with the word "or" on Page 11, line 27,
and
By renumbering subsections (d) and (e) as subsections (c) and (d), respectively,
and By inserting on Page 24, between lines 1 and 2, the following:
"(4) Officers and employees of the Department of Transporta tion, except as required by the Georgia Code of Public Transporta tion, while engaged within this State in the practice of professional engineering or land surveying for said Department.", and By striking on Page 24, line 20, the words "exterior property lines", and substituting in lieu thereof the words "property lines of adjoining property owners".
On the adoption of the amendment, the yeas were 38, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, 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 Banks Barker

Barnes Bell Bond

Brantley Broun of 46th Brown of 47th

TUESDAY, MARCH 18, 1975

1977

Carter Coverdell Dean of 31st Doss Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Howard

Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie
McGill Overby Reynolds Robinson

Russell Shapard Stephens Stumbaugh Summers Button Tate Thompson Traylor Turner Tysinger Warren

Those not voting were Senators:

Dean of 6th Hill Holley Holloway

Hudgins Pearce Riley

Starr (presiding) Timmons
Young

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.

RE 990. By Representatives Lambert of the 112th and Carlisle of the 71st:
Senate Sponsor: Senator Brantley of the 56th.
A bill to amend an Act creating the Department of Commerce "c a;; to provide for the membership of the Board of Commissioners of the D:;>nvtment of Community Development by April 1, 1979.

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 Banks Barker Barnes Bell Bond Brantley Carter Coverdell Dean of 31st Doss

Duncan Eldridge Fincher Foster Garrard Gillis Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson

Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby Pearce Reynolds

1978

JOURNAL OP THE SENATE,

Robinson Russell Shapard Stephens

Stumbaugh Summers Sutton Tate

Thompson Traylor Turner Warren

Those not voting were Senators:

Broun of 46th Brown of 47th Dean of 6th Hill

Holley Holloway Riley Starr (presiding)

Timmons Tysinger Young

On the passage of the bill, the yeas were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 98. By Representatives Lambert of the 112th and Carlisle of the 71st:
Senate Sponsor: Senator Starr of the 44th.
A resolution to authorize the Department of Revenue to write off uncollected check balances covering motor fuel highway use permits and taxes.

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 presid ing, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Banks Barker Barnes Bell Bond Brown of 47th Carter Coverdell Doss Duncan Eldridge Pincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th Holloway Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Reynolds Riley Robinson Shapard Stephens Summers Sutton Tate Thompson Traylor Turner Tysinger Warren

Those not voting were Senators:

Brantley Broun of 46th Dean of 6th Dean of 31st

Hill Holley Howard Russell

Starr (presiding) Stumbaugh Timmons Young

TUESDAY, MARCH 18, 1975

1979

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 206. By Representative Harris of the 8th:
Senate Sponsor: Senator Dean of the 31st.
A resolution authorizing the conveyance of a certain tract 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, Senator Starr of the 44th, who was presid ing, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Barnes Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard Gillis

Hamilton of 26th Hamilton of 34th Hill Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill Overby

Pearce Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Traylor Turner Tysinger Warren

Those not voting were Senators:

Banks Brantley
Dean of 6th

Duncan Holley
Reynolds

Riley Starr (presiding)
Young

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the i-equisite constitutional majority, was adopted.

HR 245. By Representatives Twiggs and Colwell of the 4th:
Senate Sponsor: Senator Brown of the 47th.
A resolution authorizing conveyance of a certain State-owned easement for highway purposes.

1980

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 Starr of the 44th, who was presid ing, ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Ballard Barker Bell Bond Broun of 46th Brown of 47th Carter Coverdell Dean of 31st Doss
Eldridge
Fincher
Foster
Garrard
Gillis

Hamilton of 26th Hamilton of 34th Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis
McDowell
McDuffie
McGill
Overby
Pearce

Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate
Thompson
Traylor
Tysinger
Warren

Those not voting were Senators:

Banks Barnes Brantley Dean of 6th

Duncan Hill Holley Holloway

Starr (presiding) Timmons Turner Young

On the adoption of the resolution, the yeas were 44, nays 0.

The resolution, havinf; received the requisite constitutional majority, way adopted.

JIB 527. By Representatives Knight of the 67th:
Senate Sponsor: Senator Holley of the 22nd:
A bill to amend Section 92-3303 of the Code of Georgia of 1933 so as to reduce from two years to ninety days the time within which taxes may be assessed or refunds claimed as to any taxable period for which cor rections have been made by the Federal Internal Revenue Service.

The Committeee on Banking, Finance and Insurance offered the following amendment:
Amend HB 527 by striking on Page 1, lines 17 and 25 the word "ninety" and substituting in lieu thereof the words "one hundred-eighty".

TUESDAY, MARCH 18, 1975

1981

On the adoption of the amendment, the yeas were 41, 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 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
Banks Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th
Carter Coverdell Dean of 31st Doss Eldridge Fincher Foster Garrard

Gillis Hamilton of 26th Hamilton of 34th
Holley Holloway Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell McDuffie McGill

Overby Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton Tate Thompson Traylor Turner Tysinger

Those not voting were Senators:

Dean of 6th Duncan Hill

Starr (presiding) Timmons

Warren Young

On the passage of the bill, the yeas were 49, nays 0.

The bill, bavin?'; received the requisite constitutional majority, was passed as amended.

HB 528. By Representative Knight of the fi7th:
Senate Sponsor: Senator Holley of the 22nd.
A bill to amend the Code of Georgia relating to the amount of interest charged a taxpayer for income tax purposes and the amount of interest paid to a taxpayer for income tax purposes.

The Committee on Banking, Finance and Insurance offered the following amendment:
Amend HB 528 by striking on Page 1, line 27, the word "nine" and substituting in lieu thereof the word "eight",
and

1982

JOURNAL OF THE SENATE,

By striking on Page 2, line 22, the word "nine" and substituting in lieu thereof the word "eight",
and By striking on Page 3, lines 4 and 17, the word "nine" and sub-
substituting- in lieu thereof the word "eight",
and By striking on Page 4, lines 9 and 22, the word "nine" and substitut
ing in lieu thereof the word "eight".
and By striking on Page 5, line 8, the word "nine" and substituting in
lieu thereof the word "eight",
and By striking on Page 7, line 18, the word "April" and substituting
in lieu thereof the word "July".

On the adoption of the amendment, the yeas were 0, nays 33, and the com mittee amendment was lost.

Senator Barker of the 18th offered the following amendment:
Amend HB 528 by deleting Section 9 in its entirety and inserting a new Section 9 to read as follows:
"Section 9. This Act shall become effective upon its approval by the Governor or its otherwise becoming law, and shall apply to all tax deficiencies outstanding and to all unpaid refunds existing on and after April 1, 1975."

On the adoption of the amendment, the yeas 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 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 Banks Barker
Bell Bond Broun of 46th Brown of 47th Carter Coverdell Doss Duncan Eldridge Fincher

Foster Garrard Gillis
Hamilton of 26th Howard Hudgins Hudson Kennedy Kidd Langford Lester Lewis McDowell

McDuffie McGill Overby
Pearce Reynolds Riley Robinson Russell Shapard Stephens Stumbaugh Summers Sutton

TUESDAY, MARCH 18, 1975

1983

Tate Thompson Timmons

Traylor Turner

Tysinger Warren

Those voting in the negative were Senators Barnes and Hill.

Those not voting were Senators:

Brantley Dean of 6th Dean of 31st

Hamilton of 34th Holley Holloway

Starr (presiding) Young

On the passage of the bill, the yeas were 46, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Young of the 13th, Chairman of the Enrolling and Journals Sub committee, submitted the following report:
Mr. President:
Your Subcommittee on Enrolling and Journals has read and examined the following bills and resolution of the Senate, and has instructed me, as Chairman, to report the same back to the Senate as correct and ready for transmission to the Governor.
SB 127. SB 250. SB 105. SR 108.

Respectfully submitted, Young of the 13th, Chairman.

Senator Holley of the 22nd moved that the following bill of the House be with drawn from the Committee on County and Urban Affairs and committed to the Committee on Banking, Finance and Insurance.
HB 248. By Representatives Marcus of the 26th, Larsen of the 27th, Egan of the 25th and others:
A bill 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.
On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 248 was withdrawn from the Committee on County and Urban Affairs and committed to the Committee on Banking, Finance and Insurance.

1984

JOURNAL OF THE SENATE,

The following bills and resolution of the House were read the first time and referred to committees:

HB 623. Representatives Greer of the 43rd, Beckham of the 89th and Buck of the 95th:
A bill to amend an Act entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act". Referred to Committee on Banking, Finance and Insurance.

HB 721. By Representatives Lambert of the 112th and Carlisle of the 71st:
A bill to amend Code Chapter 88-9, relating to Air Quality Control, so as to provide that considerations of economic cost of technical feasibility shall be subordinate to considerations of public health. Referred to Committee on Human Resources.

HB 783. By Representative Greer of the 43rd:
A bill to amend Section 92-3216, of the Code of Georgia of 1933, as amended by Ga. Laws 1971, p. 819, and Ga. Laws 1973, p. 586, relating to the secrecy required of officials of the Department of Revenue with regard to the amount of income or any other particulars set forth or disclosed in any report or return required under the Income Tax Act of 1931.
Referred to Committee on Judiciary.

HR 306. By Representative Marcus of the 26th:
A resolution authorizing the conveyance of certain State-owned real property located in Fulton County, Georgia, to Fulton County. Referred to Committee on Public Utilities.

The following resolutions of the Senate were read and adopted:

SR 170. By Senator Kidd of the 25th: A resolution congratulating Miss Lynn Miller.

SR 174. By Senators Barker of the 18th and Timmons of the llth: A resolution commending Honorable Earl Cheek.

Senator Riley of the 1st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.

Senator Starr of the 44th announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

Journal of the Senate 1975 continued in Volume II. Volume II has the complete index for both Volume I and Volume II.